City Council Agenda April 5, 2022
AMENDED CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
APRIL 5, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, and in an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville - City Council Meeting of April 5, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83352156527?pwd=MzR3a3Z0NlVTcXd1YldCS1dhbmFmUT09 Or via Telephone: 1-669-900-6833 Webinar ID: 833 5215 6527 Passcode: 131057 Call to Order
Roll Call
ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville Peace Officers Association, Public Safety Support Unit, Porterville City Employees Association, Management & Confidential Series, Porterville City Firefighters Association, Fire Officer Series, and all unrepresented management employees.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Xousie Rodriguez. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Kyley Horton. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Eight (8) cases in which facts are not yet known to potential plaintiffs.
City Council Agenda April 5, 2022
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON
REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Stowe
Invocation
PRESENTATIONS
Employees of the Month
ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3. 1 - Tulare County Water Commission - March 14, 2022
2 - Tulare County Homeless Task Force - March 16, 2022
3 - City Selection Committee - March 16, 2022
4 - Council of Cities - March 16, 2022
5 - San Joaquin Valley Air Pollution Control District Board - March 17, 2022 6 - Tule River Active Transportation Program (ATP) Plan Meeting - March 17, 2022 7 - Eagle Mountain Casino Relocation Meeting - March 17, 2022 8 - Porterville Area Development Authority Meeting - March 18, 2022 9 - Chamber of Commerce Installation Dinner - March 18, 2022 10 - Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - March 21, 2022
11 - Tulare County Regional Transit Agency (TCRTA) - March 21, 2022 & March 28, 2022
12 - Tulare County Economic Development Corporation (TCEDC) Board - March 23, 2022
13 - Eagle Mountain Casino Relocation Meeting - March 24, 2022 & March 31, 2022 14 - Kern Community College District Luncheon - March 29, 2022 15 - COVID-19 Ad Hoc Committee Meeting - March 30, 2022 City Council Agenda April 5, 2022
REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.
II. Staff Informational Reports
Temple of Praise Conditional Use Permit Update Report
CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.
1. Authorization to Purchase Isolation Gate Valves
Re: Authorization to purchase three (3) sixteen-inch water main isolation gate valves from Pace Supply for an amount not to exceed $28,752.
2. Authorization to Purchase Replacement Pump and Motor for City Well No. 7 & Lindale No. 7
Re: Considering approval to purchase repair parts for City Well No. 7 & Lindale No. 7 from Zim Industries in an amount not to exceed $30,383.
3. Authorization to Purchase Litter Abatement Trailer
Re: Consideration to authorize the purchase of a Litter Abatement Trailer from West Olive Welding at a cost not to exceed $20,000.
4. Authorization to Purchase Police Vehicles
Re: Consideration to authorize the purchase of three vehicles from National Auto Fleet Group for $191,947.74, retrofitting of four current K9 units to general patrol cars by Cook's Communications for $14,440.51, retrofitting of a current patrol to a Police K9 vehicle by Cook's Communications for $14,619.42, and purchasing two vehicles up to a total cost not to exceed $110,000 with a 10% contingency.
5. Ratification of Emergency Expenditure - Purchase and Installation of Boiler and Recirculation Pump
Re: Consideration to ratify an emergency expenditure for the purchase and installation of boiler equipment in the amount not to exceed $57,369 that was necessary to avoid operational failure of the Wastewater Treatment Plant, and affirm such expenditure met the emergency criteria as promulgated in Article VII, Section 2-38 of the City Code.
6. Authorization to Advertise for Bids - Sewer Annexation Area 476 Re: Consideration to approve staff's recommended Plans and Project Manual and advertise for bids for the Island Annexation Sewer Project - Area 476. Area 476 which is generally bound by Plano Street to the east and Gibbons Avenue to the south.
7. Authorization to Advertise for Bids - Sewer Annexation Area 457 Re: Consideration to approve staff's recommended Plans and Project Manual and advertise for bids for the Island Annexation Sewer Project - Area 457. Area 457 which is generally City Council Agenda April 5, 2022
bound by State Route Highway 65 to the west, State Route Highway 190 to the north, and Chess Terrace Street to the east.
8. Authorization to Award Contract - Island Annexation Area 479 Sewer Project Re: Consideration to award the Island Annexation Sewer Project - Area 479, which is generally bound by Olive Avenue to the north, State Route 65 to the east, Newcomb Street to the west, and Roby Avenue to the south, to 99 Pipeline in the amount of $2,123,011.
9. Authorization to Award Freedom Fest Fireworks Contract Re: Consideration to approve a contract with Fireworks & Stage FX American, Inc. in an amount of $25,000 for the pyrotechnics display at the City's annual fireworks event at the Sports Complex in July.
10. Authorization to Award Annual Polymer Purchase Contract Re: Authorization to enter into an annual contract for the supply of polymer with the option of a one-year extension to facilitate wastewater treatment operations.
11. Authorization to Award Ferric Chloride Purchase Contract Re: Authorization to enter into an annual contract for the supply of Ferric Chloride with the option of a one-year extension to facilitate wastewater treatment operations.
12. Authorization to Negotiate a Contract - Design Services for Butterfield Stage Corridor Re: Consideration to authorize staff to negotiate with 4Creeks, Inc. for a scope of services and contract, and with Quad Knopf, Inc., if staff is unsuccessful in negotiations with 4Creeks, Inc.
13. Acceptance of Improvements - Summit Estates 2, Phase 2 Re: Consideration to accept the public improvements, including those related to the Landscape and Lighting District of Summit Estates 2, Phase 2 Subdivision, for maintenance with the exception of the drainage basin improvements.
14. Consideration of Regional Early Action Planning Request for Proposals Re: Considering an RFP for the comprehensive ordinance update related to the Regional Early Action Planning (REAP) grant program which helps regions and jurisdictions with planning activities to meet the housing needs assessment and to spur affordable housing production.
15. Consideration to Reopen Permanent Local Housing Allocation (PLHA) Request for Proposals
Re: Consideration of the Council to authorize staff to reopen the Year 2 PLHA Request for Proposals to seek additional applications.
16. Carolita Apartments Affordable Housing Development Regulatory Agreement Re: Consideration to approve the Rental Restriction Agreement between the City of Porterville and Chelsea Investment Corporation, for the proposed sixty-eight (68) unit apartment complex with a community center and garden for low-income families located generally at the southwest corner of SR 65 and W. Pioneer Avenue.
17. Selection of On-Call Materials Testing Consultants
Re: Consideration to authorize staff to negotiate on-call contracts for materials testing and field observation services with BSK Associates, Soils Engineering, Inc (SEI), Krazan & City Council Agenda April 5, 2022
Associates, Inc, Universal Engineering Sciences, RMA GeoScience, and Sequoia Valley Testing & Inspections (SVTI).
18. Retirement of Police K9
Re: Consideration to authorize the sale of "Jace" and the security Kennel to Officer Darrell Locke in the amount of $1.00.
19. Amendments to Contract with MuniServices, LLC
Re: Consideration to approve Amendment No. 2 incorporating the examination of Measure I transactions and use tax records into the Consultant Services Agreement with MuniServices, LLC; approve the draft Resolution designating MuniServices, LLC. to examine the Measure I transactions and use tax records of the CDTFA pertaining to those taxes collected for the City; and approve Amendment No. 3 changing MuniServices, LLC compensation to fifteen percent (15%) of revenue realized by the City from their audit.
20. Authorization to Augment Community Services & Employment Training (CSET) Henry Street Park Project Funding
Re: Consideration to authorize augmenting CSET's Henry Street Park project funding with Local Transportation Funds in the amount of $16,000.
21. Consideration of Approval of Loan Assumption for St. James Place Re: Consideration to authorize the HOME Investment Partnership loan in the amount of $952,381 to be assumed by Mr. Victor Ceballos; authorize the Redevelopment Forgiveable Loan for the remaining balance of $76,000 in accordance with the agreements to be assumed by Mr. Victor Ceballos; and authorize staff to execute the necessary documents to transfer the loans and regulatory agreements.
22. Recognition of Arbor Day 2022
Re: Consideration to authorize the recognition of Arbor Day 2022 on April 29, 2022, at the Tule River Parkway.
23. City of Porterville Annual Housing Fair Event
Re: Consideration to approve the City of Porterville Annual Housing Fair Event at Centennial Park on April 29, 2022, from 3:00 PM –7:00 PM.
24. Approval for Community Civic Event - Tule River Economic Development Corporation - Cinco De Mayo Kick Back - April 30, 2022
Re: Consideration to approve the Tule River Economic Development Corporation's Application for a Community Civic Event permit to hold the "Cinco de Mayo Kick Back" event on Saturday, April 30, 2022 from 1:00 p.m. - 5:00 p.m., at the City-owned parking lot on Hocket Street and Mill Avenue, adjacent to Landing 13.
25. Approval of Community Civic Event - Comision Honorifica Mexicana Americana, Inc. - Annual Cinco de Mayo Celebration - April 30, 2022 - May 1, 2022 Re: Consideration to approve the Community Civic Event Application from Comision Honorifica Mexicana-Americana, Inc. for a permit to hold the annual Cinco de Mayo Celebration from April 30, 2022 to May 1, 2022.
26. Approval of Community Civic Event - Pink Heals - Rollin Relics Car Show - May 14, 2022
City Council Agenda April 5, 2022
Re: Consideration to approve Pink Heals and the Rollin' Relics Car Club application for a community civic event permit to hold the Rollin' Relics Car Show on May 14, 2022, Saturday, at Veterans Park from 8:00 a.m. to 4:00 p.m.
27. Status and Review of Local Emergency: Drought
Re: Considering approval of the continuance of the Declaration of Local Emergency.
SCHEDULED MATTERS
28. Porterville Chamber of Commerce - Request for Extension for Annual Reports Re: Consideration of request by the Porterville Chamber of Commerce for an extension to provide annual reports to the City as required by Agreement from April 15th to May 17, 2022.
29. Assembly Bill 481 - Law Enforcement Military Equipment: Funding, Acquisition, and Use
Re: Consideration to approve the draft Ordinance establishing a Miltary Equipment Use Policy and give first reading; and set a public hearing for May 17, 2022, to hear and consider public input on the proposed policy.
30. Status and Review of Proclamation of Local Emergency: COVID-19 Re: Considering approval of the continuation of the Proclamation of Local Emergency due to COVID-19.
ORAL COMMUNICATIONS
OTHER MATTERS
CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.
ADJOURNMENT - to the meeting of April 12, 2022
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.
Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Temple of Praise Conditional Use Permit Update Report SOURCE: Community Development
COMMENT: At its meeting on April 6, 2021, the City Council approved a modification of a Conditional Use Permit (CUP) for the Temple of Praise Christian Fellowship located at 22213 Avenue 152 with the adoption of Resolution 06-2021. The modification allowed for the Temple of Praise Christian Fellowship to defer the installation of a commercial refuse enclosure and paved parking lot, as were required in accordance with conditions of approval from Resolution 26-2018 for up to five (5) years.
The City Council requested that staff provide an annual informational report on the progress made towards the deferred improvements. Pastor Wayne Picar of the Temple of Praise Christian Fellowship informed staff that the church continues to raise funds for the improvements and has raised approximately eighty-five (85) percent of the funds needed to make the required improvements and has begun to secure bids for the improvements.
RECOMMENDATION: That the City Council receive the report on the progress made by the Temple of Praise Christian Fellowship towards meeting the conditions of approval for Modification No. 1 to Conditional Use Permit 26-2018.
ATTACHMENTS: 1. Resolution 06-2021
2. Resolution 26-2018
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Community Development Director
Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 1.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Purchase Isolation Gate Valves SOURCE: Public Works
COMMENT: The City of Porterville's water distribution system requires redundancies to maintain system operations and having water main isolation valves on hand, readily available, is crucial to respond to water main repairs and potential project needs. In an effort to support existing infrastructure and avoid any project delays, there is an immediate need to have a minimum of three sixteeninch valves available in City inventory. Because of the need for continuous operations, three (3) emailed quotes were requested. The following bids were received from these local vendors:
Vendor Total Availability
Ferguson Water Works $34,881 4-8 weeks out
Pace Supply $26,138 Immediately Available
Core & Main $22,559 4-6 weeks out
Pace Supply provided a bid and was not identified as the lowest bidder.
However, they are immediately available to ship from inventory with no lead time pending approval. Funding for these parts is available from the Water Operating Fund.
RECOMMENDATION: That City Council:
1. Authorize the purchase of three (3) sixteen-inch water main isolation valves from Pace Supply, for an amount not to exceed $28,752 (inclusive of all parts, taxes, and 10% contingency for shipping);
2. Direct the Finance Director to initiate a Purchase Order to Pace Supply for an amount not to exceed $28,752
(inclusive of all parts, taxes, labor, and a 10%
contingency); and
3. Direct the Finance Director to make payment to Pace
Supply upon receipt of the invoice approved by the Public Works Director.
ATTACHMENTS: 1. Core & Main
2. Ferguson
Item No. 1.
3. Pace Supply Quote 1434088
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Deputy City Manager
CITY OF PORTERVILLE
555 N. PROSPECT
PORTERVILLE, CA 93257
Job
CITY OF PORTERVILLE 16" VALVES
Bid Date: 03/24/2022
Bid #: 2261251
Sales Representative
Ricky Martin
(M) 209-471-8693
(T) 559-834-1040
[email protected]
Core & Main
5364 S. Villa Ave
Fresno, CA 93725
(T) 559-834-1040
03/24/2022 - 8:25 AM Actual taxes may vary Page 1 of 2
Bid Proposal for CITY OF PORTERVILLE 16" VALVES
CUS
TOMER
CONTA
C
T NOTES
Seq# Qty Description Units Price Ext Price
DUE TO CURRENT SUPPLY CHAIN DISRUPTIONS, MATERIALS
ARE SUBJECT TO PRICING AT TIME OF SHIPMENT. MATERIAL
AVAILABILITY AND TIMELINESS OF SHIPMENTS CANNOT BE
GUARANTEED. THIS TERM SUPERSEDES ALL OTHER
CONTRACTUAL PROVISIONS.
10 16 GATE VALVES
20 3 16 MJ RW GATE VLV OL EA 6,999.00 20,997.00
30 6 16 MEGALUG ACC SET 2016PSC FOR PVC C905/IPS COMPLETE W/STD GSK EBAA EA 260.19 1,561.14 SUBTOTAL 22,558.14
Sub Total 22,558.14
Tax 0.00
Total 22,558.14
UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BY CUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LP
RESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS, TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEAD TIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/OR APPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS AND CONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: https://coreandmain.com/TandC/ 03/24/2022 - 8:25 AM Actual taxes may vary Page 2 of 2
CITY OF PORTERVILLE
Bid Date: 03/24/2022
Core & Main 2261251
Core & Main
5364 S. Villa Ave
Fresno, CA 93725
Phone: 559-834-1040
Bid Proposal for CITY OF PORTERVILLE 16" VALVES
FERGUSON #3303 (FRESNO)
2812 S ORANGE AVE
FRESNO, CA 93725-1922
Phone: 559-442-3333
Fax: 559-266-0858
Deliver To:
From: John Perea Jr.
Comments:
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=3303&on=439483 18:04:19 MAR 23 2022
FERGUSON WATERWORKS #1423
Price Quotation
Phone: 559-442-3333
Fax: 559-266-0858
Bid No: B451576
Bid Date: 03/23/22
Quoted By: JJP
Cust Phone: 559-782-7516
Terms: NET 10TH PROX
Customer: CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257
Ship To: CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257
Cust PO#: Job Name: 16" MJXMJ GATE VLV
Item Description Quantity Net Price UM Total
AFC2516MMLAOL 16 DI MJ RW OL GATE VLV L/A 3 9950.000 EA 29850.00 ESTIMATED 8 WEEK LEAD TIME
SSLCEX16 16 PVC WDG REST GLND *ONELOK E-COAT 6 302.568 EA 1815.41 IMJBGP16 16 MJ C153 BLT GSKT PK L/ GLAND 6 43.690 EA 262.14 Net Total: $31927.55
Tax: $2953.31
Freight: $0.00
Total: $34880.86
Item Code Description Notice
IMJBGP16 16 MJ C153 BLT GSKT PK L/ GLAND ⚠WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS.
ARE NOT FIRM UNLESS NOTED OTHERWISE.
https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection.
WATER FLOW RATE NOTICE: Lavatory Faucets with flow rates over 0.5 GPM are not allowed for 'public use' in California.
COVID-19 ORDER: ANY REFERENCE TO OR INCORPORATION OF EXECUTIVE ORDER 14042 AND/OR THE EO-IMPLEMENTING FEDERAL CLAUSES (FAR 52.223-99 AND/OR DFARS 252.223-7999) IS EXPRESSLY REJECTED BY SELLER AND SHALL NOT APPLY AS SELLER IS A MATERIALS SUPPLIER AND THEREFORE EXEMPT UNDER THE EXECUTIVE ORDER.
Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at
Govt Buyers: All items are open market unless noted otherwise.
PACE SUPPLY CORP. PACE SUPPLY CORP
4569 E. HOME AVENUE
FRESNO CA 93703
PHONE#: 559-251-7581
* * Q U O T A T I O N * *
TO: CITY OF PORTERVILLE BID DATE: 03/31/22 NO. 1434088
EXPIRATION DATE: 04/03/22
291 N MAIN ST JOB:
PORTERVILLE, CA 93257
FOB: ORIGIN
PREP. BY BERNIE HOWELL
REQ. BY
WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL
********THIS QUOTE WILL EXPIRE AFTER 72 HOURS********
PAGE: 1
================================================================================ Qty Part Number Description Price... Extended
================================================================================ 1 ===> 16" GATE VALVE
3 DCFADPTMJFLG16 16 MJ*FLG ADPT AC CL 510.60 1531.80
3 NS00823079 16" MJ X FLANGE DI GATE VALVE 6990.00 20970.00 Vend Part#: WGVMF16
3 EBAMEGAACCPVC16 16 C905 MEGA LUG ACC SET 2016 PEC 303.66 910.98
REMINDER TO PULL ACCY BOX W/GASKET & T-HEAD BOLTS & NUTS 36 WBLBNTHEAD34412BLU 3/4 X 4 1/2 T-HEAD BOLT & NUT BLU 15.34 552.24 3 DCFFLGTYTEFF16 16 FLG-TYTE GASKET FULL FACE SBR 28.04 84.12 3 WBLBS16 16 BOLT SET PLTD (16) 1 X 4 1/2 52.77 158.31
-----------
24207.45
SUBTOTAL 24207.45
ESTIMATED TAX 1930.54
QUOTATION TOTALS 26137.99
Item No. 2.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Purchase Replacement Pump and Motor for City Well No. 7 & Lindale No. 7
SOURCE: Public Works
COMMENT: The City of Porterville's Well No. 7, located on the North-East corner of Orange & Western St., and Lindale No. 7, located on the North-East corner of Thurman & Cobb St., have both experienced an operational failure. City staff has utilized internal forces to pull and assess the repairs needed to restore operations to this well.
Demands on the City's Water Distribution System depend on all wells being operational, so it is imperative that the well's operation is restored. Failure to correct this issue would affect the city’s overall water system pressure and production capabilities.
Three (3) well pump repair companies were contacted requesting quotes for the replacement pump, motor, and electrical wire that is needed to restore the operation of this well. Three (3) bids were requested and three (3) bids were received from these local pump repair companies:
Vendor Totals
Valley Pump & Dairy Systems $28,227
S.A. Camp Pump Co. $30,329
Zim Industries. $27,621
Zim Industries was identified as the lowest bidder to respond, and in addition, is immediately available to order the replacement parts. Upon receipt, City staff can install and correct all issues at City Well No. 7 and Lindale No. 7, at a cost not to exceed $30,383 (inclusive of all parts, taxes, labor and a 10% contingency). The total repair cost will be funded by the Water Operating Fund.
RECOMMENDATION: That City Council:
1. Direct the Finance Director to initiate a Purchase Order to Zim Industries for an amount not to exceed $30,383 (inclusive of all parts, taxes, labor and a 10% contingency) for the repair parts identified at City Well #7 & Lindale No. 7; and
2. Direct the Finance Director to make payment to Zim Industries upon receipt of the invoice approved by the Public Works Director.
Item No. 2.
ATTACHMENTS: 1. Valley Pump
2. S.A. Camp
3. Zim Industries
4. City Well No. 7 Locator Map
5. Lindale No. 7 Locator Map
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Deputy City Manager
CITY WELL #7
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 LOCATOR MAP S JAYE ST
W ORANGE AVE
PORTERVILLE
HIGH SCHOOL
UNION AVE S WESTERN ST
LINDALE #7
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 LOCATOR MAP S JAYE ST
W THURMAN AVE
W CLEVELAND AVE N MASTON ST HIGHWAY 65
W PUTNAM AVE
Item No. 3.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Purchase Litter Abatement Trailer SOURCE: Public Works
COMMENT: Bids were requested from multiple distributors meeting design specifications identified for the construction of a Litter Abatement Trailer. The following two (2) bids were received from local equipment distributors:
Vendor Cost:
West Olive Welding $14,411
South Coast RV $18,995
Staff recommends the purchase of the trailer from West Olive Welding as the lowest bidder for the specified piece of equipment for the purchase price of $14,411.
As a part of the Litter Abatement Pilot Program, Tulare County has appropriated $20,000 in Measure R funding to purchase the equipment necessary for the startup and first year of operation in the City of Porterville.
RECOMMENDATION: That the City Council:
1. Authorize the purchase of a Litter Abatement Trailer from West Olive Welding at a cost not to exceed $20,000 (inclusive of all parts, taxes, labor, and a ten percent (10%) contingency for equipment setup); and
2. Authorize payment of said purchase upon satisfactory completion.
ATTACHMENTS: 1. Res. No. 2022-102 Adoption of Measure R Funding for Litter Abatement Pilot Program for the City of Porterville (1)
2. Litter Trailer Quotations
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Item No. 3.
Final Approver: Patrice Hildreth, Deputy City Manager
BEFORE THE
TULARE COUNTY TRANSPORTATION AUTHORITY
COUNTY OF TULARE, STATE OF CALIFORNIA
In the matter of:
ADOPTION OF MEASURE R FUNDING FOR )
LITTER ABATEMENT PILOT PROGRAM ) Resolution No. 2022-102
FOR THE CITY OF PORTERVILLE )
WHEREAS, On May 17, 2021, Tulare County Transportation Authority (TCTA) authorized the use of Measure R funds through Resolution No. 2021-101, for a 3-year Litter Abatement Pilot (LAP) Program in the City of Porterville, to service two State highways (SR-190 and SR-65) within the city limits; and WHEREAS, the program is planned to be completed in partnership with the California Department of Transportation (Caltrans) District 6 and TCAG. Subsequently, the City of Porterville staff reached out to local non-profit agencies that have the capacity to operate a litter abatement program and provide employment opportunities for individuals experiencing homelessness; and
WHEREAS, an additional appropriation of $20,000 of Measure R funds are needed to cover the estimated expenses of purchasing the required equipment for the first year of the program.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED that the Tulare County Transportation Authority does hereby approve the additional $20,000 funding from Measure R funds be utilized for the City of Porterville Litter Abatement Program for the purchase of required equipment.
The foregoing Resolution was adopted upon motion of Member Valero, seconded by Member Townsend, at a regular meeting held on the 28th day of February 2022, by the following vote:
AYES: Vander Poel, Valero, Townsend, Alves, Boyer, Caudillo, Flores, Sayre, and Poochigian
NOES:
ABSTAIN:
ABSENT: Micari, Shuklian, Reynosa, and Mendoza
COUNTY ASSOCIATION OF GOVERNMENTS (JLS) __
Pete Vander Poel Ill
Chair, TCAG
Ted Smalley
Executive Director, TCAG
Item No. 4.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Purchase Police Vehicles
SOURCE: Police
COMMENT: At its meeting on September 7, 2021, City Council gave authorization for the Police Department to purchase vehicles for the department. Since that date, the police department has contacted the approved vendor, National Auto Fleet Group, and initiated the order of approved vehicles. It has been determined that due to the nationwide computer chip shortage and the high demand for the Dodge Charger, all orders were cut off, and no new orders were being accepted.
In speaking with the vendor, it was undetermined when or if the order for the Dodge Chargers would be able to be fulfilled.
In light of the nationwide shortage of new Dodge Chargers due to supply chain issues, staff has been challenged to find ways of re-purposing current fleet inventory to reallocate current Dodge Chargers to make up for this shortage.
The following has been determined to be the most efficient and beneficial way to overcome the shortage challenge while still meeting department needs:
Staff has conducted research into maintenance costs associated with Dodge Chargers compared to Ford Explorers to be utilized as K-9 units. This research has determined that the Ford Explorer is a more efficient type of vehicle based on mechanical repair costs as well as creating an ability in which prisoners can be safely transported without utilizing another officer as a transport car due to the K9 occupying the entire back seat of Dodge Chargers. The size and space of the Ford Explorer allow for a split platform/prisoner area. During this research with surrounding agencies and in speaking with our current K9 training vendor, the Ford Explorer is considered the industry standard vehicle for K9 units.
Staff is requesting authorization to purchase (3) 2022 Ford Police Interceptor Utility Non-Hybrid Patrol K9 Units (Ford Explorers) to be utilized as Police K9 units from our current state contract vendor, National Auto Fleet Group, under the Sourcewell contract (091521-NAF). These vehicles are immediately available and, upon receipt, they will replace the current fleet of Dodge Chargers. The replaced Dodge Charger K-9 Units will be retrofitted for general patrol operations.
The police department currently has (3) marked police vehicles and (1) unmarked police vehicle assigned to the Investigations/Services Division that will be re-purposed. These include (2) 2014 Dodge Chargers, (1) 2016 Ford Explorer, and (1) 2017 Chevrolet Tahoe. The following is the plan for the re- Item No. 4.
purposing of these vehicles, again based on the above-mentioned inability to obtain Dodge Chargers for Patrol:
The 2016 Ford Explorer will be retrofitted to be utilized as a Police K9 Unit.
Upon completion, the Dodge Charger currently being utilized as a K9 unit will be retrofit and utilized for general patrol operations.
The 2017 Chevrolet Tahoe will be re-assigned from Administration to an investigations unit. This will allow one of the marked Dodge Chargers in investigations to be re-assigned to the Patrol Division.
Additionally, staff is requesting to purchase (2) unmarked standardized vehicles. One of these vehicles will be assigned to Administration and replace the above-mentioned 2017 Tahoe, which is being reassigned to an investigations unit. The other newly purchased unmarked vehicle will be assigned to an investigations unit, which will allow the other marked Dodge Charger to be reassigned to the Patrol Division.
Staff is requesting that the City Council authorize staff to negotiate for the purchase of these standardized vehicles up to a total cost not to exceed $110,000, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees, to include the upfit of necessary emergency equipment including lights, sirens, radios, and other tools required to place the vehicles into service. The vehicles will be negotiated either separately or as a unit through a process requesting quotes from not less than three vendors. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase of both vehicles.
The upfit of all new and retrofitted vehicles will be performed by Cooks Communications, who holds a contract (#A-21-374).
Funding for these equipment will come from the Department's equipment replacement fund, Measure H and Measure I Funds.
RECOMMENDATION: That the City Council:
1. Authorize staff to purchase (3) Ford Explorers from National Auto Fleet Group for $191,947.74, which includes the cost of upfit;
2. Authorize staff to retrofit (4) of the current Dodge Charger K9 units to general patrol cars by Cook’s Communications for $14,440.51;
3. Authorize staff to retrofit (1) current Ford Explorer to a Police K9 vehicle by Cook’s Communications for $14,619.42; and
4. Authorize staff to negotiate for the purchase of (2) standardized vehicles up to a total cost not to exceed $110,000, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees as well as upfit of emergency equipment. Due Item No. 4.
to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase.
ATTACHMENTS: 1. Ford Explorers
2. Charger Retrofit to Patrol
3. Explorer Retrofit
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 5.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Ratification of Emergency Expenditure - Purchase and Installation of Boiler and Recirculation Pump
SOURCE: Public Works
COMMENT: The City of Porterville Wastewater Treatment Facility (WWTF) experienced an operational failure of both its Cleaver Brooks Boilers. The failure resulted from the boiler recirculation pump’s inability to provide adequate water flow to properly transfer heat from the boiler burner into the water heating system. This caused excessive heating of the fire tubes, resulting in a catastrophic failure.
City Code 2-38, Emergency Expenditure/Appropriations, authorizes an expenditure of up to $100,000 in an extraordinary emergency for the preservation of public peace, health, or safety. Pursuant to City Code 2-38, these circumstances were communicated to the Mayor by the City Manager, and the expenditure was approved by the Mayor due to the extraordinary emergency of the situation. A copy of the City Code 2-38 is attached for your reference.
RF MacDonald is the local distributor for Cleaver Brooks Boilers and due to the need for an emergency purchase, the normal purchase process was not used. RF MacDonald submitted a quote which includes the cost to replace and install the failed equipment. The urgency to purchase and install the failed equipment necessitated an emergency purchase. Therefore, emergency authorization to engage the services of RF MacDonald was obtained from the City Manager by the Public Works Director. Funding at the not to exceed amount of $57,369 (inclusive of all parts, taxes, labor and a 10% contingency) for the purchase will be made available from the Wastewater Operating Fund.
RECOMMENDATION: That City Council ratify the emergency purchase in the amount not to exceed $57,369 for the installation of boiler equipment necessary to avoid operational failure at the Wastewater Treatment Facility; and affirm that such expenditure met the emergency criteria as promulgated in Article VII, Section 2-38 of the City Code.
ATTACHMENTS: 1. RF MacDonald Quote
2. 2-38 Emergency Expenditures Appropriatons
Appropriated/Funded:
Item No. 5.
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 6.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Advertise for Bids - Sewer Annexation Area 476 SOURCE: Engineering and Project Management
COMMENT: City staff has completed the construction plans and specifications (i.e. Project Manual) for the Island Annexation Sewer Project - Area 476. Area 476 is generally bound by Plano Street to the east and Gibbons Avenue to the south.
The proposed project includes 7,890 lineal feet (1.49 miles) of 12", 8", and 6" diameter sewer mains, twenty-four (24) sewer manholes, and 106 sewer laterals.
Construction sequencing will be essential throughout the project and specified as such, so as to maintain access and minimize the inconvenience within the neighborhoods affected by this project.
Staff will be conducting a "community information meeting" with the residents of Area 476 to discuss the possibility of forming a sewer utility district and various sewer connection options as completed for the prior project areas.
The Plans and Project Manual are available for City Council's review. The Engineer's Estimate of Probable Cost for construction is $2,335,674. An additional $233,567 is necessary for construction contingency (10%). It is anticipated that an additional $233,567 is required for construction staking, construction management, quality control, and inspection services (10%) for a total estimated cost of $2,802,808.
Refinancing of Sewer Revenue Bonds, better known to staff as Certificate of Participation (COP) funds, is the mechanism for funding this project and subsequent project areas. The funding source was approved in the 2021-2022 Fiscal Year budget.
RECOMMENDATION: That the City Council:
1. Approve staff's recommended Plans and Project Manual;
2. Authorize staff to advertise for bids on the project; and
3. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by City Council action via M.O. 02-100714.
ATTACHMENTS: 1. Engineers Estimate - Sewer Annexation 476
2. LOCATOR MAP - ANNEX 476
Item No. 6.
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Deputy City Manager
ENGINEER'S OPINION OF PROBABLE IMPROVEMENT COSTS 3/31/2022 Island Annexation Sewer Project - 476
89-96105
ITEM NO. DESCRIPTION QTY. UNIT UNIT PRICE
(in figures)
AMOUNT (in
figures)
1 Mobilization, Demobilization, and Cleanup 1 LS $ 100,000.00 $ 100,000.00 2 Furnish Utility Locating 1 LS $ 60,000.00 $ 60,000.00 3 Prepare and Implement a Traffic Control Plan 1 EA $ 40,000.00 $ 40,000.00 4 Remove Existing 12" Sewer Main 304 LF $ 100.00 $ 30,400.00 5 Furnish and Install 12” SDR 35 PVC Sewer Pipe 1569 LF $ 150.00 $ 235,350.00 6 Furnish and Install 8” SDR 35 PVC Sewer Pipe 5815 LF $ 100.00 $ 581,500.00 7 Furnish and Install 6” SDR 35 PVC Sewer Pipe 506 LF $ 90.00 $ 45,540.00 8 Furnish and Install 48" Manhole 24 EA $ 5,000.00 $ 120,000.00 9 Make Connection to Existing Manhole 4 EA $ 3,000.00 $ 12,000.00 10 Make Connection to Existing 8" Stub with 8"X6" Reducer 1 EA $ 2,000.00 $ 2,000.00 11 Furnish and install F Street 4” Sewer Lateral on New Sewer Main 4 EA $ 2,500.00 $ 10,000.00 12 Furnish and install Fourth Street 4” Sewer Lateral on New Sewer Main 4 EA $ 2,500.00 $ 10,000.00 13 Furnish and install Roche Street 4” Sewer Lateral on New Sewer Main 4 EA $ 2,500.00 $ 10,000.00 14 Furnish and install Plano Street 4” Sewer Lateral on New Sewer Main 4 EA $ 2,500.00 $ 10,000.00 15 Furnish and install Worth Avenue 4” Sewer Lateral on New Sewer Main 18 EA $ 2,500.00 $ 45,000.00 16 Furnish and install Yates Avenue 4” Sewer Lateral on New Sewer Main 14 EA $ 2,500.00 $ 35,000.00 17 Furnish and install Yates Avenue 6" Sewer Lateral on Existing Sewer Main 2 EA $ 3,000.00 $ 6,000.00 Furnish and install Yates Extension 4" Sewer Lateral on New Sewer Main 5 EA $ 2,500.00 $ 12,500.00 Furnish and install Second Street 4" Sewer Lateral on Existing Sewer Main 6 EA $ 2,500.00 $ 15,000.00 Furnish and install Lincoln Street 4" Sewer Lateral on New Sewer Main 21 EA $ 2,500.00 $ 52,500.00 18 Furnish and install Gibbons Avenue 4” Sewer Lateral on New Sewer Main 18 EA $ 2,500.00 $ 45,000.00 Furnish and install Gibbons Avenue 4” Sewer Lateral on Existing Sewer Main 6 EA $ 2,500.00 $ 15,000.00 19 Furnish AC Pavement Saw Cutting and Removal 11511 LF $ 10.00 $ 115,110.00 20 Replace 3" Asphalt Concrete / 6" Aggregate Base (Min.) 11511 LF $ 40.00 $ 460,440.00 21 Reset and Tie Out Street Monuments 2 LS $ 10,000.00 $ 20,000.00 22 Furnish and Install Sheeting and Shoring 1 LS $ 10,000.00 $ 10,000.00 23 Prepare and Implement SWPPP 1 LS $ 10,000.00 $ 10,000.00 24 Perform Acceptance Testing 1 LS $ 15,000.00 $ 15,000.00 $ 2,123,340.00
$ 212,334.00
$ 2,335,674.00
Project
Manager Date
City Engineer Date
Engineering and Project Management Director Date
SUBTOTAL ESTIMATED PROJECT
Project:
Project Number:
BASE BID PART : SEWER ANNEXATION 479
CONSTRUCTION BASE BID PART:
10% Construction Contingency
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 476
SUBJECT
LOCATION
STATE HIGHWAY 190
W GIBBONS AVE S MAIN ST S INDIANA ST
LEGEND
ANNEXATION LIMITS
EXISTING SEWER MAIN
PROPOSED SEWER MAIN S PLANO ST
E GIBBONS AVE
E YATES AVE
Item No. 7.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Advertise for Bids - Sewer Annexation Area 457 SOURCE: Engineering and Project Management
COMMENT: City staff has completed the construction plans and specifications (i.e. Project Manual) for the Island Annexation Sewer Project - Area 457. Area 457 is generally bound by State Route Highway 65 to the west, State Route Highway 190 to the north, and Chess Terrace Street to the east.
The proposed project includes 6,101 lineal feet (1.15 miles) of 8" and 6" diameter sewer mains, fourteen (14) sewer manholes, and 114 sewer laterals.
Construction sequencing will be essential throughout the project and specified as such, so as to maintain access and minimize the inconvenience within the neighborhoods affected by this project.
Staff will be conducting a "community information meeting" with the residents of Area 457 to discuss the possibility of forming a sewer utility district and various sewer connection options as completed for the prior project areas.
The Plans and Project Manual are available for City Council's review. The Engineer's Estimate of Probable Cost for construction is $1,384,036. An additional $138,403 is necessary for construction contingency (10%). It is anticipated that an additional $138,403 is required for construction staking, construction management, quality control, and inspection services (10%) for a total estimated cost of $1,660,842.
Refinancing of Sewer Revenue Bonds, better known to staff as Certificate of Participation (COP) funds, is the mechanism for funding this project and subsequent project areas. The funding source was approved in the 2021-2022 Fiscal Year budget.
RECOMMENDATION: That the City Council:
1. Approve staff's recommended Plans and Project Manual;
2. Authorize staff to advertise for bids on the project; and
3. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by City Council action via M.O. 02-100714.
ATTACHMENTS: 1. Engineers Estimate - Sewer Annexation Project 457
2. LOCATOR MAP - ANNEX 457
Item No. 7.
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Deputy City Manager
City of Porterville Date: 3/31/2022
Project: Island Annexation 457 Sewer Project By: M. Hernandez Engineer's Estimate Checked: K. McDonald
Item Description of Work Qty Unit Unit Price ($) Amount ($) 1 Mobilization/Demobilization and Cleanup 1 LS $68,500.00 $68,500.00 2 Dust Control and Project Site Maintenance 1 LS $10,000.00 $10,000.00 3 Furnish and Implement Traffic Control Plan 1 LS $20,000.00 $20,000.00 4 Furnish Utility Locating 1 LS $10,000.00 $10,000.00
5 Construction Notification Sign 2 EA $1,500.00 $3,000.00 6 SWPPP, Storm Water Pollution Prevention Plan 1 LS $10,000.00 $10,000.00 7 Sawcut and Remove Exist. AC Pavement (F) 4,800 SY $4.00 $19,200.00 8 Roadway Excavation & Subgrade Prep (F) 1 LS $20,000.00 $20,000.00 9 Hot Mix Asphalt Concrete, Type A 1,570 TN $105.00 $164,850.00 10 Class II Aggregate Base 1,918 TN $35.00 $67,130.00
11 Remove & Dispose of Exist. Sanitary Sewer Pipe, Including Temporary Pumping and Bypass/Diversion of Existing Sewage 1 LS $20,000.00 $20,000.00 12 48-Inch Sanitary Sewer Manhole 14 EA $5,000.00 $70,000.00 13 Sanitary Sewer Clean Out 4 EA $1,000.00 $4,000.00
14 6-Inch SDR-26 PVC Sanitary Sewer Pipe 5,608 LF $70.00 $392,560.00 15 8-Inch SDR-26 PVC Sanitary Sewer Pipe 493 LF $75.00 $36,975.00 16 4-Inch SDR-26 PVC Sanitary Sewer Service to New Main - Montgomery Ave. 11 EA $3,000.00 $33,000.00
17 4-Inch SDR-26 PVC Sanitary Sewer Service to Exist. Main - Poplar Ave. 4 EA $3,000.00 $12,000.00
18 4-Inch SDR-26 PVC Sanitary Sewer Service to New Main - Chess Ter. 26 EA $3,000.00 $78,000.00
19 4-Inch SDR-26 PVC Sanitary Sewer Service to New Main - Cottage St. 20 EA $3,000.00 $60,000.00
20 4-Inch SDR-26 PVC Sanitary Sewer Service to New Main - Ohio St. 8 EA $3,000.00 $24,000.00 21 4-Inch SDR-26 PVC Sanitary Sewer Service to Exist. Main - Indiana St. 16 EA $3,000.00 $48,000.00
22 4-Inch SDR-26 PVC Sanitary Sewer Service to Exist. Main - Roberts Ln. 1 EA $3,000.00 $3,000.00
23 4-Inch SDR-26 PVC Sanitary Sewer Service to Exist. Main - Wisconsin St. 28 EA $3,000.00 $84,000.00
$1,258,215.00
$125,821.00
$1,384,036.00
BASE BID
Base Bid Construction Subtotal
Contingency (10%)
Construction Total
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 457
SUBJECT
LOCATION
STATE HIGHWAY 190 STATE HIGHWAY 65 S INDIANA ST
LEGEND S WISCONSIN ST S COTTAGE ST
ANNEXATION LIMITS
EXISTING SEWER MAIN
PROPOSED SEWER MAIN
Item No. 8.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Award Contract - Island Annexation Area 479 Sewer Project SOURCE: Engineering and Project Management
COMMENT: On March 21, 2022, staff received five (5) bids for the Island Annexation Sewer Project - Area 479. Annexation Area 479 is generally bound by Olive Avenue to the north, State Route 65 to the east, Newcomb Street to the west, and Roby Avenue to the south. The project includes 9,273 lineal feet (1.76 miles) of 8" and 6" diameter sewer mains, 34 sewer manholes, and 202 sewer laterals.
The Engineer's Estimate of Probable Cost for the project was $2,281,719. The low bid presented by 99 Pipeline of Porterville is $2,123,011, which is $158,708 less than the Engineer's Estimate (6.95%). An additional $212,301 is necessary for construction contingency (10%) and $212,301 is required for construction management, surveying, quality control and inspection services (10%), equating to a total construction cost of $2,547,613.
Funding for the project will come from proceeds from the issuance of the 2019 Sewer Revene Bonds, better known to staff as Certificates of Participation (COP) funds.
The bids are as follows:
Contractor Amount
1) 99 Pipeline $2,123,011
Porterville, CA
2) Everlevel Holdings $2,645,550
Chino Hills, CA
3) Floyd Johnston $2,647,850
Clovis, CA
4) Todd Companies $2,704,906
Visalia, CA
5) A. Teichert & Son $5,392,000
Roseville, CA
Staff has found the low bid acceptable.
RECOMMENDATION: That City Council:
1. Award the Island Annexation Area 479 Sewer Project to 99 Pipeline in the amount of $2,123,011;
Item No. 8.
2. Authorize progress payments up to 100% of the contract amount;
3. Authorize a 10% contingency to cover unforeseen costs;
4. Authorize an additional $212,301 for construction
management, construction surveying, quality control, and inspection services; and
5. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #02-100714.
ATTACHMENTS: 1. Locator Map - ANNEX 479A
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Deputy City Manager
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 479A
SUBJECT
LOCATIONS BEVERLY ST
W OLIVE AVE S NEWCOMB ST
W ROBY AVE S PROSPECT ST STATE HIGHWAY 65 S COBB ST
LEGEND
ANNEXATION LIMITS
EXISTING SEWER MAIN
PROPOSED SEWER MAIN
Item No. 9.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Award Freedom Fest Fireworks Contract SOURCE: Parks and Leisure Services
COMMENT: The inaugural Freedom Fest community event took place in 2011 in partnership between the City and the Tule River Tribe, with each party contributing $15,000 in seed money in support of the event. Freedom Fest has grown to an estimated annual attendance of around 10,000. Event activities include a live band, family entertainment, Porterville Fire Department spray zone, food, craft and information booths, and a fireworks show. In 2013, City Council contributed $10,000 and the Tribal Council $7,500 to assist with the continuation of the event and to help in meeting the increased expenditure costs as the event expanded.
Now approaching its tenth year, staff is requesting that Council approve the expenditure of $25,000 to Fireworks & Stage FX America, Inc. for the fireworks show portion of the 2022 Freedom Fest. Council's approval will allow staff to issue a purchase order to secure their services. A 50% deposit of $12,500 is required to execute the contract for services with the remaining balance due ten (10) days after the fireworks display. The expenditure will come from the Freedom Fest account out of the General Fund from which there is currently a balance of $24,706. In 2019, the Freedom Fest revenue exceeded expenditures by $5,039. Annual sponsorships have helped tremendously in sustaining the event. The fireworks vendor from the 2018 event, Pyro Spectaculars, did not submit a quote for this year's event. A third vendor, Zambelli Fireworks, submitted a quote that was not comparable to the total number of shots/ shells in the proposed display. The COVID-19 Ad Hoc Committee approved the event at its meeting on March 30, 2022.
RECOMMENDATION: That the City Council authorize progress payments up to 100% of the contract amount of $25,000 to Fireworks & Stage FX
America, Inc., as well as the contract provisions subject to the City Attorney's approval.
ATTACHMENTS: 1. FireworksandStageAmerica
2. ZambelliFireworks
3. Freedom Fest Map
Item No. 9.
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, Deputy City Manager
City of Porterville
Presents
Celebrate Freedom
A Fireworks Extravaganza
July 2nd, 2022
Produced by
"The Difference is Quality"
City of Porterville
Celebrate Freedom
July 2nd, 2022
Announcement Barrage Bombardments
Program A Program B Program A Program B
Aerial Titanium Flash Salutes Multiple Shot Barrages: provide 3" 30 20 fabric and texture to your display
keeping an excellent and exciting
Color & Multi-Color Finale Shells pace. Our high-powered devices 1200
2.5" 30 20 provide an exciting ground-to-sky 1500
pyrotechic tableau: 600
Aerial Show Presentation Total Shots 5250 3900
Color & Multi-Color Aerial Shells
3" 50 50 Aerial Grand Finale
4" 50 50
Color & Multi-Color Finale Shells
Flitter, Glitter, Electric Color & 2.5" 150 100
Color Changing Shells 3" 100 50
3" 40 30 4" 32 16
4" 40 30
Aerial Titanium Flash Salutes
Distinctive & Unique Aerial Shells 2.5" 50 50
3" 30 20
4" 30 20
Grand Totals
Streaking Comets & Tiger Tails
3" 10 10 Aerial Shell Counts
2.5" 230 170
Premium Aerial Shells 3" 290 210
3" 30 30 4" 182 146
4" 30 30
Units of Fire (from Bombardments)
5250 3300
Total Shots 5952 3826
Program Price
Total Program Price Inclusive of
Insurance, Operator and
Transportation
Cost $25,000 $19,750
Fireworks America Products
"The Difference Is Quality"
Fireworks America has sought to affiliate itself with world renown-award winning manufacturers, both foreign and domestic. In every show you will find only the highest quality of products, designs, and variety which will far surpass those of our competitors.
Product Definitions Are:
Standard: Aerial Shells include: One color products and multiple colored products such as Chrysanthemums, Peonies, Hearts, Rings, Red, Green, Blue, Yellow, Purple, Orange, Variegated, etc. Our variety is unmatched and as such we can guarantee over 40 varieties in this category.
Compare to our competitors "Color", "Fancy", some "Extra Fancy", "Standard" or "Japanese Style Deluxe" Shells.
Classic: Aerial Shells include: Flitter, Glitter, Electric Color, Color Changing Transformation, Penny Glitter, Glitter & Color, Magnesium Red Electric, Red to Blue, Comets, etc.
Our variety is unmatched and as such we can guarantee over 50 varieties in this category.
Compare to our competitors "Extra Fancy", "Floral", "Classic" or "Japanese Style Super Effect" Shells
Select: Aerial Shells include: Distinctive and Unique Aerial Shells such as Spiders, Multiple Reports, Strobes, Multiple Effect Shells, Domestic Glittering Comets, Double Hearts, Crackling Effects, Double Ring Shells, Saturn Shells, Tourbillion Shells, Waterfalls, Special Pattern Shells, Weeping Willow Shells, Shell of Shells, Coconut Palms, and Serpentine Shells, etc..
Compare to our competitors "Special" or "Japanese Style Special Effect" Shells.
Premium: Aerial Shells include: Crossettes, Serpents, Whistles, Whistles and Reports, Serpents and Strobes, Fish and Whistles, Tourbillions to Reports, Thunder and Rainbow, Serpents and Stars, Nishiki Kamuros, and many other American Made Specialty Shells.
Our competitors cannot compare with our Domestically-Made Superstars.
Comets Bombardments Vivid Colors
City of Porterville
Show Concept, Services List,
and Miscellaneous Details
Services List:
Fireworks America to Provide:
1) Permit Filings as Required 1) A Suitable Firing Site 2) Storage and Delivery of fireworks 2) Adequate Security for Firing Site 3) All Equipment to produce the display 3) Permit Fees
4) Insurance Aggregate amount of 4) Standby Firefighter Fees, if req'd $10,000,000 (Combined Single Limits) 5) Sound System and Playback 5) Worker's Compensation Insurance 6) Adequate Permit Time as (Statute) listed below.
Minimum Time Required
Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the minimum permit times.
Land Based Shows based require a minimum of 30 days to permit based on Local and State Ordinance, FAA and other requirements.
Please plan your show accordingly.
Operators and Assistants:
Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance.
Payment Terms:
Method of Discharge:
The show will be fired Manually / Hand Fired.
City of Porterville to Provide:
50% deposit is due on Contract Execution, Balance Net 10 days after display.
Amy,
I would like to thank you for providing Zambelli Fireworks with the opportunity to design a display package for your upcoming Freedom Fest Fireworks Celebration.
I have provided an exciting fast paced display option for your consideration. This program suggests our initial considerations as to show design and describes basic product types and quantities. Our design is consistent with your viewing location at the Porterville Sports Complex.
Zambelli Fireworks will provide all equipment and labor, acquire all permissions and security mandated by authorities having jurisdiction, reserve all transportation required, Workman’s Compensation in addition to liability insurance for your fireworks display. I have attached to the proposal a copy of our sample insurance certificate. Zambelli uses the highest insurance premium in the industry, only offered to “AAA” rated companies. We carry $10 Million dollars per incident clause to cover the Fireworks Display.
We have taken into account all the aspects that are involved with producing a display within the county of Tulare. The product we selected will be maximized to afford you the best viewing from all locations within the park. We have been certain to include a great variety of colors and effects that will be adding a special touch to your fireworks display. In addition to Zambelli’s two and a half inch diameter shells, this display package will be utilizing Zambelli specialty multi shot effect devices that fire shots in quick succession. This will certainly keep the sky filled for the duration of this rapid paced display. We will also be adding our “signature” Zambelli finale that will leave your spectators breathless as we launch hundreds of shells into the air in a giant finale conclusion.
I have done my best to provide you with a quote that we feel you will get the “most bang for your buck”.
I welcome any questions you may have and I thank you for considering our company to be part of the Porterville Freedom Fest Fireworks Celebration.
Sincerely,
John Hagan
John D Hagan
West Coast Project Manager
Zambelli Fireworks
P.O Box 986 Shafter, CA 93263
Office: 1.800.322.7142
Cell: 502-220-7944
[email protected]
www.zambellifireworks.com
2022 Porterville Freedom Fest
Fireworks Celebration
Zambelli Fireworks
John Hagan
800-322-7142
502-220-7944
[email protected]
Shafter, CA
FIREWORKS PROPOSAL
Porterville Freedom Fest
2022 Fireworks Celebration
Show Date: Saturday July 2, 2022
Show Budget Options: $20,000 - 15 minute display.
$25,000 - 20 minute display.
Insurance Liability Coverage: $10 Million dollars per incident clause to cover the Fireworks Display. Zambelli uses the highest insurance premium in the industry, only offered to “AAA” rated companies.
State, Local and Federal Permits: Zambelli Fireworks will secure all necessary state, local and federal permits / required licenses.
Transportation Liability Coverage: $5 Million dollars as required by United States Department of Transportation. (DOT)
Workers Compensation: Pyrotechnicians will meet all of the requirements of the Workers Compensation Laws of California.
Site Security and Fire Protection: Customer will assist in providing site security and make arrangements with the Authorities Having Jurisdiction.
Transportation: Fireworks and equipment will be delivered by qualified CDL drivers with Haz-Mat endorsed licenses as required by US DOT.
Personnel: Zambelli Certified Pyrotechnicians and Trained Assistants; no subcontractors used.
Safety Procedures: Zambelli Fireworks adheres to all safety regulations.
NFPA 1123 code will be strictly enforced.
2022 Porterville Freedom Fest
SYNOPSIS FOR A FIFTEEN MINUTE DISPLAY
=================================================================
DEVICE DESCRIPTION QUANTITY
=================================================================
ZAMBELLI MULTI SHOT DEVICES (CAKES)
QUANTITY TWO EACH:
35 Shot Rainbow Dahlias w/Assorted Colored Tails 70
35 Shot Variegated Moons w/Titanium Reports and Tail 70 35 Shot Gold Brocade Waterfalls w/Gold Tails 70
35 Shot Green and Purple Moon Fan Box w/Green Tail 70
QUANTITY TWO EACH:
36 Shot Super Brocade w/Gold Tails Fan Box 72
36 Shot Rainbow Crossettes w/Assorted Color Tails Fan Box 72 36 Shot Variegated Chrysanthemum w/Palm and Silver Tails Fan Box 72 36 Shot Thunder Tourbillions w/Red and Blue Mines Fan Box 72 QUANTITY TWO EACH:
100 Shot Variegated Chrysanthemum w/Palm and Silver Tails 200 100 Shot Red Crackling and Green Glittering w/Purple Mines 200 100 Shot Silver Crackling Flowers w/Silver Tails 200
100 Shot Brocade Crown w/Brocade Tail 200
TOTAL NUMBER OF MULTI EFFECT SHOTS 1368
TWO AND A HALF INCH DIAMETER SHELLS
Two and Half Inch Zambelli Specialty Shells 75
Two- and Half-Inch Palm Shells 75
Two- and Half-Inch Tourbillion Shells 75
Two- and Half-Inch Dahlia Shells 75
Two- and Half-Inch Chrysanthemum Shells 75
Two- and Half-Inch Serpent Effect Shells 75
Two- and Half-Inch Multi-Effect Shells 75
Two and Half inch Zambelli Salute Shells 75
TOTAL NUMBER OF TWO AND HALF INCH DIAMETER SHELLS BODY 600
ZAMBELLI GRAND FINALE
Two- and Half-Inch Assorted Color Finale Display Shells 50 Two- and Half-Inch Titanium Salute Report Shells 50
Two- and Half-Inch Assorted Color Finale Display Shells 100 TOTAL NUMBER OF GRAND FINALE SHELLS 200
TOTAL NUMBER OF SHOTS/ SHELLS IN THE DISPLAY 2168
2022 Porterville Freedom Fest
SYNOPSIS FOR A TWENTY MINUTE DISPLAY
=================================================================
DEVICE DESCRIPTION QUANTITY
=================================================================
ZAMBELLI MULTI SHOT DEVICES (CAKES)
QUANTITY TWO EACH:
35 Shot Rainbow Dahlias w/Assorted Colored Tails 70
35 Shot Variegated Moons w/Titanium Reports and Tail 70 35 Shot Gold Brocade Waterfalls w/Gold Tails 70
35 Shot Green and Purple Moon Fan Box w/Green Tail 70
35 Shot Rainbow Crossettes w/Assorted Color Tails Fan Box 70 35 Shot Dragon Egg Color Pearl W/ Color Tails Fan Box 70 QUANTITY TWO EACH:
36 Shot Super Brocade w/Gold Tails Fan Box 72
36 Shot Rainbow Crossettes w/Assorted Color Tails Fan Box 72 36 Shot Variegated Chrysanthemum w/Palm and Silver Tails Fan Box 72 36 Shot Thunder Tourbillions w/Red and Blue Mines Fan Box 72 36 Shot Gold Brocade Waterfalls w/Gold Tails Fan Box 72 36 Shot Colorful Falling Leaves 72
QUANTITY TWO EACH:
100 Shot Variegated Chrysanthemum w/Palm and Silver Tails 200 100 Shot Red Crackling and Green Glittering w/Purple Mines 200 100 Shot Silver Crackling Flowers w/Silver Tails 200
100 Shot Brocade Crown w/Brocade Tail 200
100 Shot Silver Bees 200
100 Shot Titanium Salutes 200
TOTAL NUMBER OF MULTI EFFECT SHOTS 2052
TWO AND A HALF INCH DIAMETER SHELLS
Two and Half Inch Zambelli Specialty Shells 100
Two- and Half-Inch Palm Shells 100
Two- and Half-Inch Tourbillion Shells 100
Two- and Half-Inch Dahlia Shells 100
Two- and Half-Inch Chrysanthemum Shells 100
Two- and Half-Inch Serpent Effect Shells 100
Two- and Half-Inch Multi-Effect Shells 100
Two and Half inch Zambelli Salute Shells 100
TOTAL NUMBER OF TWO AND HALF INCH DIAMETER SHELLS BODY 800
ZAMBELLI GRAND FINALE
Two- and Half-Inch Assorted Color Finale Display Shells 80 Two- and Half-Inch Titanium Salute Report Shells 100
Two- and Half-Inch Assorted Color Finale Display Shells 80 TOTAL NUMBER OF GRAND FINALE SHELLS 260
TOTAL NUMBER OF SHOTS/ SHELLS IN THE DISPLAY 3112
SAMPLE
RESTROOMS RESTROOMS
FREEDOM FEST
JULY 2, 2022
PORTERVILLE SPORTS COMPLEX
2701 W SCRANTON AVE.
FIREWORKS DISCHARGE AREA
STAGE
VENDORS VENDORS
RESTROOMS
FIRST
AID
BUS
STOP
SPRAY
ZONE SPECTATORS
OHV PARK PARKING
PARKING
Item No. 10.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Award Annual Polymer Purchase Contract SOURCE: Public Works
COMMENT: The City of Porterville Wastewater Treatment Facility (WWTF) is seeking an Annual Polymer Purchase Contract for its screw press dewatering process. The screw press uses polymer to facilitate the release of water from its anaerobically digested solids. The screw press and polymer treatment process increases the solids concentration from 1.5% to over 17%, thereby accelerating the drying process.
The WWTF contacted four polymer vendors: Solenis, Brenntag, Kemira, and Argo Chemical for quotes to supply WWTF with polymer. Kemira declined to submit a quote and Argo Chemical was unresponsive. The quotes are as follows:
Vendor Cost/lb Acceptable Polymer
Solenis $1.75/lb Praestol K 290FLX
Brenntag $2.54/ lb
Kemira Decline
Argo Unresponsive
Solenis has been identified as the lowest bidder, therefore securing the Annual Polymer Purchase Contract for the WWTF. The WWTF is also seeking the option to extend the contract for an additional one-year term, providing both parties mutually agree to any price adjustment after the first year. The annual expenditure is projected at $200,000 for the polymer contract, which is to be funded from the Wastewater Operating Budget.
RECOMMENDATION: That City Council:
1. Award the Wastewater Treatment Facility Annual Polymer Contract to Solenis for a submitted quote of $1.75/pound for polymer K290FLX coagulant aid; and
2. Authorize the Public Works Director to sign the Wastewater Treatment Facility Annual Polymer Contract with the option to extend the contract for an additional one-year term providing both parties mutually agree to any price adjustments after the first year.
ATTACHMENTS: 1. Solenis
Item No. 10.
2. Brenntag
3. Kemira
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 11.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Award Ferric Chloride Purchase Contract SOURCE: Public Works
COMMENT: The City of Porterville Wastewater Treatment Facility (WWTF) is seeking an Annual Ferric Chloride Purchase Contract. Ferric chloride is added to the treatment process to control the concentration of hydrogen sulfide in wastewater and digester gas. Hydrogen sulfide is a concern because of odors, corrosion to metal, corrosion to concrete, and toxicity. The San Joaquin Valley Air Pollution Control District (SJVAPCD) requires ferric chloride to be added to the anaerobic digesters when digester gas is flared.
The WWTF contacted four ferric chloride vendors: Kemira, Brenntag, California Environmental Dewatering, and Argo Chemical for quotes to supply the WWTF with ferric chloride. Argo Chemical was unresponsive. The quotes are as follows:
Vendor Cost/lb
Kemira $0.205/ lb
Brenntag $0.32/ lb
California Environmental Dewatering $0.38/ lb
Argo Chemical Unresponsive
Kemira has been identified as the lowest bidder, therefore securing the Annual Ferric Chloride Purchase Contract for the WWTF. The WWTF is also seeking the option to extend the contract for an additional one-year term, providing both parties mutually agree to any price adjustment after the first year. The annual expenditure is projected at $100,000 for the ferric chloride contract, which is to be funded from the Wastewater Operating Budget.
RECOMMENDATION: That City Council:
1. Award the Wastewater Treatment Facility Annual Ferric Chloride Contract to Kemira for a submitted quote of $0.205/ lb for ferric chloride; and
2. Authorize the Public Works Director to sign the Wastewater Treatment Facility Annual Ferric Chloride Purchase Contract with the option to extend the contract for an additional one-year term providing both parties mutually agree to any price adjustments after the first year.
Item No. 11.
ATTACHMENTS: 1. Kemira
2. Brenntag
3. California Environmental Dewatering
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 12.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Negotiate a Contract - Design Services for Butterfield Stage Corridor
SOURCE: Engineering and Project Management
COMMENT: At it's meeting on February 1, 2022, the City Council authorized the distribution of a Request for Qualification (RFQ) for design services for the Butterfield Stage Corridor Project; an Active Transportation Program (ATP) grant recipient. During the RFQ distribution window, the City was notified that they had also been awarded a grant for the beautification and rehabilitation of the existing Santa Fe Byway Trail through the State's Clean California Grant. With the proximity of the Santa Fe Byway Trail to the proposed Butterfield Stage Corridor Project and the similarity in both the nature of design work required and the delivery timeline, staff judiciously issued an addendum to the Butterfield State Corridor RFQ to include the design work for the Santa Fe Byway Trail beautification and rehabilitation.
On March 22, 2022, staff received two (2) Statements of Qualifications (SOQs) by the 4:00 pm deadline for design services for the Butterfield Trail Corridor Project and the Santa Fe Byway Beautification and Rehabilitation Project. The SOQs were ranked in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering and Similar Services" adopted by the City Council (Resolution #16-2001). Staff reviewed the two (2) SOQs provided by the firms wherein they were rated according to the aforementioned policy, with the following results:
(1) 4Creeks, Inc 91.2 pts
(2) Quad Knopf, Inc (QK) 86.1 pts
Staff is pleased with both consultants' interest in these projects and recommends negotiating a contract with the top-ranked firm. Staff will seek Council approval of a Service Agreement at a later meeting.
RECOMMENDATION: That City Council:
1. Authorize staff to negotiate a scope of services and contract with 4Creeks, Inc; and
2. Authorize staff to negotiate a scope of services and contract with Quad Knopf, Inc (QK) if staff is unable to negotiate an acceptable contract with 4Creeks, Inc.
ATTACHMENTS: 1. Resolution No. 16-2001
Item No. 12.
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 13.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Acceptance of Improvements - Summit Estates 2, Phase 2 SOURCE: Engineering and Project Management
COMMENT: The Subdivider, Jason Moyes - Smee Homes, Inc., has requested that the public improvements constructed for his subdivision be accepted by the City for maintenance. All required improvements, excluding sidewalks and the drainage basin, have been completed, inspected by City staff and found to be acceptable.
A Landscape and Lighting District (LLD) was also a requirement of the development for streetlighting only. Improvements associated with the district have also been inspected by City staff and found to be acceptable.
The Subdivider will be held to a one (1) year maintenance guarantee for five percent (5%) of the total cost of improvements. Remaining public sidewalks and drainage basin improvements are covered by separate payment and performance bonds.
RECOMMENDATION: That the City Council;
1. Accept the public improvements, including those related to the Landscape & Lighting District of Summit Estates 2, Phase 2 Subdivision, for maintenance with the exception of the drainage basin improvements;
2. Authorize the City Clerk to file the Notice of Completion; and
3. Release the payment guarantee thirty-five (35) days after recordation, provided no liens have been filed.
ATTACHMENTS: 1. Locator Map
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Deputy City Manager
HERITAGE CT
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STREET T U L E R I V E R
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Item No. 14.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Consideration of Regional Early Action Planning Request for Proposals SOURCE: Community Development
COMMENT: On February 27, 2020, the State of California issued a Notice of Funding Availability for the Regional Early Action Planning (REAP) grant program to help regions and jurisdictions with planning activities to meet the sixth cycle of the regional housing needs assessment, and to spur affordable housing production. A total of $18,975,323 in Regional Early Action Planning (REAP) grant funds is available to the eight San Joaquin Valley Regional Planning Agencies for housing planning activities through 2023. Each regional planning agency is responsible, through their respective boards, to determine funding amounts and policies for Regional Housing Needs Allocation (RHNA) planning, jurisdictional grants, and other related activities.
The Fresno County Council of Governments (FCOG) serves as the fiscal agent and the Tulare County Association of Governments (TCAG), serves as the Regional Planning Agency for Tulare County. TCAG expects to receive approximately $1,613,803 of such grant funds under the REAP MOU and plans to use $225,000 of such funds to prepare the RHNA Plan and provide technical assistance and regional planning coordination for the provision of housing.
TCAG will sub allocate the balance of the REAP Grant to the County of Tulare and to each of the cities within Tulare County (the member agencies) to carry out the purposes of the grant.
At the meeting of August 15, 2021, Council directed staff to proceed with signing and executing the Services Agreement for the purpose of updating the Development Ordinance to reflect recent changes in State law and to facilitate the accelerated production of housing units within Porterville.
Staff is requesting the City Council approve the draft Request for Proposal to hire consultant services to undertake a comprehensive update to the Porterville Development Ordinance and provide outreach services in conjunction with staff.
RECOMMENDATION: That the City Council authorize the release of the draft Request for Proposals for the Comprehensive Development Ordinance Update
ATTACHMENTS: 1. Draft RFP
Item No. 14.
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Community Development Director
Final Approver: Patrice Hildreth, Deputy City Manager
REQUEST FOR PROPOSALS
COMPREHENSIVE DEVELOPMENT ORDINANCE UPDATE
A Regional Early Action Planning Grant Project
Implementation Tasks
PREPARED BY:
CITY OF PORTERVILLE
DEPARTMENT OF COMMUNITY DEVELOPMENT
291 N. MAIN ST
PORTERVILLE, CA 93257
April 2022
CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL
OVERVIEW
The City of Porterville (City) is seeking the services of qualified planning consulting firms or individuals to assist with the following implementation tasks included in the scope of the REAP Planning Grant award.
1. Comprehensive update to Chapter 21 (Development Code)
2. Prepare and complete California Environmental Quality Review documents If your firm is interested and qualified, please email an electronic copy in PDF format of your proposal by 5:00 PM on Friday May 6, 2022 to:
Jason Ridenour
Director of Community Development
[email protected]
If you have any questions about the proposal process or content, please contact Jed Hackett, Assistant Planner at 559.782.7460 or by email at [email protected]
INTRODUCTION & BACKGROUND
The Tulare County Association of is in the process of adopting its 6th Cycle Regional Housing Needs Allocation (2023-2028) and is moving forward with disbursing Regional Early Action Planning Grant funds to local jurisdictions to help prepare localities for the 6th cycle. To this end, the City has applied for and has been awarded Regional Early Action Planning Grant (REAP) Funds to be used for strategies to improve the local process to speed up housing production.
The project is to include a comprehensive update to Chapter 21 (Development Ordinance) of the Municipal Code, with an emphasis on updates to the Housing Policies, Standards and Procedure of the Development Ordinance. This comprehensive update would reduce excessive regulatory standards, eliminate conflicting standards, improve document organization for the development community, help streamline the housing entitlement and permitting process, and ensure adherence with new State laws regarding housing and planning regulations.
SCOPE OF WORK
With assistance from City Staff, the selected Consultant will conduct a public process to update the Development Ordinance for the City of Porterville. The Consultant will develop a final work program in conjunction with City staff, but the scope of work should include the following:
Consultant RFP Duties:
1. Develop a detailed timeline schedule with milestones leading toward the adoption of the Development Ordinance. The preferred completion of the Development Ordinance update is Spring 2023.
2. Review existing Development Ordinance, confer with staff about current issues, and prepare a memo of options and approaches.
3. Prepare a proposed outline laying out the recommended format, content, and organization of the new Development Ordinance.
CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL
4. Development Ordinance Update Considerations:
a. Reduce excessive regulatory standards
b. Eliminate conflicting standards
c. Eliminate unnecessary and antiquated sections
d. Improve document organization
e. Evaluate options for by-right “Missing Middle” housing f. Evaluate options for:
i. Expanded conditional and by-right residential development in existing non-residential districts and Downtown districts. ii. Off-street parking requirements changes
iii. Establishment of minimum densities in residential districts. g. Review and evaluate residential development standards to promote development.
h. Review landscaping standards.
i. Review and evaluate increased density bonus which exceeds state statutory requirements by at least 10%
j. Update the City’s ADU/JADU ordinance to reflect recent changes in State law
k. Evaluate residential standards to streamline process l. Improve organization and formatting for better public understanding and website usability.
5. Coordinate outreach to gain input from local community; will host a minimum of two (2) meetings with the local development community and two (2) general community meetings.
6. Prepare Draft and Final documents for public hearing process. For review and adoption of the new Development Ordinance the Consultant should attend two (two) in-person City Council meetings, with a contingency for additional in-person meetings.
Budget / Timeline:
Provide an estimated proposed budget and timeline identifying each task, projected hours for completion, and staffing assignment and hourly rates.
Project Manager: Identify the project manager that will be assigned to the project and be the daily contact for the City.
Deliverables:
1. Memo of Options and Approaches
2. Development Ordinance Reorganization Outline, with formatting styles and tables
3. Prepare administrative and public review draft Development Ordinance Update (Word.doc and PDF format only)
4. Prepare Final Development Ordinance Update (Word.doc and PDF format only)
5. Prepare necessary California Environmental Quality Act review documents.
CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL
RFP SUBMITTAL REQUIREMENTS
Consultants responding to this Request for Proposal must present satisfactory evidence to the City, indicating its ability to meet the Scope of Work outlined above. A qualifying proposal must include the following information:
Project Title
Name and contact information of firm
Firm Qualifications: firm specialization and qualifications; names and qualifications of personnel to be assigned to the project, specifying project manager; list of similar projects and contact information of projects; three (3) client references from recent related projects including contact information and the individual to contact for referral.
Understanding of Scope of Work and approach to Project: summary of approach proposed; description of the firm’s staff and their experience to be used; information to be used/needed for the project.
Schedule for Completion: Timeframe proposed to complete the project (once a notice to proceed is issued), including turnaround time for production revisions. Budget: itemize products, meetings, staff hours, and cost per staff hour for project work, and total proposed budget with incidental costs for mailing, reproduction, etc. included. Itemize a “not-to-exceed,” amount for travel reimbursements including fuel, lodging, and meals.
Fees and insurance: proposed not-to-exceed fees for all work under Project Scope, documentation that firm has required general liability insurance coverage in the amount of $1,000,000 per occurrence; $2,000,000 aggregate, and include an endorsement with the City of Porterville named an additional insured, and $2,000,000 professional liability insurance.
CONSULTANT SELECTION PROCESS
A Selection Committee will review the proposals, and the most qualified consultants will be invited for an interview with the Committee. Following the interviews, the Committee will select the consultant demonstrating the best qualifications and ideas for this effort, and recommend to the City Council approval of the consultant selection and direct Staff to negotiate an Agreement for professional services.
CONSULTANT SELECTION CRITERIA
The RFP process will establish a ranking based on how each proposal meets the qualifications of the Scope of Work, which details the specific project and the City’s requirements. It is important that all listed items be included in the proposal. Proposals which do not comply with all the requirements or the proposal deadline may, at the City’s sole discretion, not be considered. The City reserves the right, in its sole discretion, to reject any or all proposals, and to negotiate specific requirements and costs using the selected proposal as a basis.
CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL The selected consultant shall be required to enter into the City’s standard professional services agreement. All Consultants that respond to the RFP with no comments to the proposed agreement shall be assumed to have agreed to execute said agreement, without changes, which will be a condition precedent to being retained by the City.
At the conclusion of the evaluation and interview (or if a best-qualified firm is selected without the need for an oral presentation), the City will enter into contract negotiations with the top-ranking firm. If negotiations with the top-ranking firm are unsuccessful, negotiations will terminate and the City will undertake negotiations with the second ranked firm. City staff will make recommendations to the Porterville City Council, which reserves the right to reject any or all proposals. The selection process will be completed when a contract is executed.
Furthermore, the City reserves the right to reject any or all proposals, and to waive any and all irregularities to choose the firm which, in the City’s opinion, best serves the City’s interests. The City reserves the right to extend submission due date; to modify, amend, reissue or rewrite this document; and to procure any or all services by other means.
The City will not be liable for any costs incurred by the consulting firms’ incidentals to the preparation of proposals or for developing and carrying out interview presentations, if needed. Submission of a proposal indicates acceptance by the firm of the conditions contained in this Request for Proposals (RFP) and Sealed Fee Proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected. Payment of prevailing wages is not required for work under this RFP.
Proposals will be evaluated based on the following criteria, where the highest possible score is 110 points.
Capability to perform all or most aspects of the project: 15 pts. Recent experience in projects comparable to the proposed project and in specialized areas associated with the project: 20 pts.
Firm's reputation for professional integrity and competence, demonstration and understanding of potential problems and the City’s special concerns: 10 pts. Key personnel's professional background and caliber: 20 pts. Demonstrated ability to meet schedules or deadlines: 10 pts. Demonstrated ability to complete projects without having major cost escalations or overruns: 5 pts.
Quality of previously undertaken projects: 15 pts.
Evidence that the consultant is an equal opportunity employer: 5 pts. Demonstrated experienced working in SB535 Disadvantaged Communities and multicultural communities: 10 pts
All proposals received in response to this RFP shall become property of the City and become a matter of public record, except for those parts of each proposal which are defined by the consultant as business or trade secrets, provided that the said parts are submitted in a sealed envelope and clearly marked as “confidential” or “proprietary”.
CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL Granting of this contract may require disclosure of personal financial interests under the Political Reform Act.
Contract Requirements
The consultant selected shall execute a written contract with the City within thirty (30) calendar days after notice of selection has been awarded. A sample contract agreement is available upon request.
RFP SUBMISSION DEADLINE
Your firm may contact the City to obtain documents, as necessary, to assist in preparing your response to the RFP. Documents available include:
• Chapter 21 of the Porterville Development Ordinance (.docx files available for selected firm)
• 2015-2023 Adopted Housing Element and Appendices
RFP SUBMISSION DEADLINE
• All electronic RFP responses must be received by the Community Development Department by 5:00 p.m. on May 6, 2022. Responses received after the specified time and date will not be considered.
• Please label email subject line as: Proposal for Comprehensive Development Ordinance Update.
• Electronic proposals should be directed to Jason Ridenour at [email protected]
CONSULTANT INQUIRIES
For further information or inquiries about this RFP, please contact:
City of Porterville, Community Development Department
Jed Hackett, Assistant Planner
291 N. Main Street
Porterville, CA 93257
559.782.7460
[email protected]
Thank you for your interest in proposing this project.
CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL
DRAFT SERVICE AGREEMENT
DATE: {DATE}
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and “_______”, hereinafter referred to as "CONSULTANT".
RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT.
Said project which will hereinafter be referred to as "Project" is described as follows:
Project Name: Porterville Comprehensive Development Ordinance Update DESCRIPTION OF PROJECT: In general, CONSULTANT to provide planning services for the Porterville Development Ordinance update project. Details are summarized in the Scope of Work.
IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:
SECTION 1. CONTRACT SERVICES:
CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described in the Scope of Work, Attachment A.
SECTION 2. PAYMENT:
In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis (and/or not to exceed _________ Dollars ($ )).
TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.
CONSULTANT should receive payment within 45 days of the date the bill is received.
SECTION 3. COMPLETION DATE:
The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all "work directives" shall be completed by (date}. In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.
SECTION 4. FAMILIARITY WITH PROJECT:
CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.
SECTION 5. INDEPENDENT CONTRACTOR:
CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY. CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Professional Liability Insurance
Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and consultant agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this agreement.
(ii) General Liability
Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
(iii) Auto Liability
Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident.
(iv) Worker’s Compensation
Consultant shall maintain Worker’s Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(v) Indemnity for Professional Liability
When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify,
CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL protect, including the cost to defend and hold harmless City and any of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal consultant’s fees and costs but only to the extent the Consultant (and its Sub-Consultants) are responsible for such damages, liabilities, and costs on a comparative basis of fault between the Consultant (and its Sub-Consultants) and the City in the performance of professional services under this agreement.
(vi) Indemnity for Other than Professional Liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, including legal Consultant’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
SECTION 6. WORKMANSHIP AND MATERIALS:
Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.
SECTION 7. ASSIGNMENT OF CONTRACT:
It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.
SECTION 8. AFFIRMATIVE ACTION:
CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.
SECTION 9. CONFLICT OF INTEREST CODE:
CONSULTANT agrees to comply with the regulations of CITY'S "Conflict of Interest Code." Said code is in accordance with the requirements of the Political Reform Act of 1974.
CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required
CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.
SECTION 10. TERMINATION:
Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.
SECTION 11. ENTIRE CONTRACT:
It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys' fees and costs.
SECTION 12. DISPUTES; VENUE:
If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California. CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.
IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.
CITY OF PORTERVILLE CONSULTANT
By ________________________ By _________________________ Date ________________________ Date _________________________ Item No. 15.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Consideration to Reopen Permanent Local Housing Allocation (PLHA) Request for Proposals
SOURCE: Community Development
COMMENT: The California Department of Housing and Community Development (HCD) established the Permanent Local Housing Allocation (PLHA) program, which is funded from moneys deposited in the Building Homes and Jobs Trust Fund in accordance with SB-2 in 2019. In response to the notice of funding availability (NOFA) released by HCD for the first year of PLHA funding, the City Council approved a 5-Year PLHA Plan on July 21, 2020. The plan included funding for eligible homeless projects and programs, financial support of the navigation center, permanent supportive housing programs, rapid re-housing programs, and flexible funds to reduce financial hurdles in being housed, such as payments for deposits and initial utility expenses. Subsequently, the City of Porterville was awarded $342,754 for the first year.
HCD issued the NOFA for the second year PLHA funding and in response, the City Council approved the second year application to be submitted to HCD as per the uses approved in the 5-Year PLHA Plan. On December 10, 2022, the City received the executed agreement for year two (2) and was awarded $532,745.
On January 18, 2022, the City Council authorized staff to issue a Request for Proposal (RFP) for year two (2), which was subsequently issued on January 21, 2022. In response to the RFP which closed on March 4, 2022, three applications were received; however, the applications received undersubscribed the funding available by $114,006.15.
Considering that this undersubscribed amount is significant, Staff is requesting that the City Council authorize staff to reopen the RFP to seek additional proposals. This would allow the current applicants to increase their proposals or new applicants to submit a proposal.
RECOMMENDATION: That the City Council authorize Staff to reopen the Year 2 Permanent Local Housing Allocation Request for Proposals to seek additional applications.
ATTACHMENTS: 1. PLHA RFP- Reopend DRAFT
Item No. 15.
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Community Development Director
Final Approver: Patrice Hildreth, Deputy City Manager
CITY OF PORTERVILLE, STATE OF CALIFORNIA
REQUEST FOR PROPOSAL
PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
SECOND YEAR FUNDING OF 2019-2023 FIVE YEAR PLAN
RFP # __________
The City of Porterville, Community Development is pleased to announce the reopening of the Permanent Local Housing Allocation (PLHA) Year 2 Request for Proposals (RFP). The City of Porterville is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP
The PLHA RFP was originally released on February 26, 2020 and is being reopened as the original one was undersubscribed by $114,006.15. The categories that are undersubscribed are:
Navigation Center $19,735.25
Permanent Supportive Housing $18,274.50
Emergency Housing $75,996.40
New applicants are being accepted. Current respondents can submit an addendum to their application to request additional funds or submit a new application.
Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than ________________ 2022. All proposals must be submitted in PDF format electronically to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP No. __________ Permanent Local Housing Allocation (PHLA) Second Year Funding of 2019-2023 Five Year Plan”.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprise (DBE) will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, religion or sexual orientation in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of contract.
The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City. /s/Maria Bemis, Finance Director
Publication Dates: _____________
City of Porterville RFP For Use of PLHA Funds 2 | P a g e
CITY OF PORTERVILLE
REQUEST FOR PROPOSALS FOR PERMANENT LOCAL HOUSING
ALLOCATION (PLHA) SECOND YEAR FUNDING (REOPENED) OF 2019-2023
FIVE YEAR PLAN
RFP No. __________
The City of Porterville is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP.
Submittal: One PDF file must be received by:
4:00 p.m., Friday, ___________
Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. __________ Permanent Local Housing Allocation (PHLA) Second Year Funding of 2019-2023 Five Year Plan
Late proposals will not be accepted and will be automatically disqualified from further consideration.
All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.
INQUIRIES:
Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Wednesday, ____________.
City of Porterville RFP For Use of PLHA Funds 3 | P a g e
REQUEST FOR PROPOSALS (RFP)
FOR FIVE YEAR PLHA PLAN
I. PROPOSED PROJECT
PROJECT TITLE: PLHA Five Year Plan (2019-2023) - Year 2 Funding GRANTOR: California Department of Housing and Community Development (HCD) PROPOSAL DUE DATE: _________
AMOUNT AVAILABLE: Second year up to $532,745 for single or multiple projects, with the possibility of additional funds to be available estimated at $2,056,524 for the five year plan.
Category Breakdown 2020 Undersubscribed
in Round 1
Administration $ 26,637.25 $ 0
Navigation Center $ 133,186.25 $19,735.25
Emergency Housing & Bridge Housing $ 319,647.00 $75,996.40 Permanent – Permanent Supportive Housing Operations $ 53,274.50 $18,274.50 $ 532,745.00 $114,006.15
ADMINISTRATIVE ALLOWANCE: None. Activity Delivery time is allowed.
TIME PERIOD FOR CONTRACT: One-year grant term for operating or supportive service projects. Funding in 5yr Plan will be announced when received.
IMPORTANT DOCUMENTS:
Notice of Funding Announcement: Applicants must ensure that program design meets the 2019 HCD NOFA located at: https://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml Permanent Local Housing Allocation Final Guidelines: https://www.hcd.ca.gov/grantsfunding/active-funding/docs/PLHA-Final-Guidelines-11-19.pdf City of Porterville Permanent Local Housing Allocation Five-Year Plan (2019-2023):
https://www.ci.porterville.ca.us/departments/community_development/community_developm ent_block_grant_program_(cdbg)/index.php
OBJECTIVE: In 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the PLHA program Entitlement and Non-entitlement Local government formula component Notice of Funding Availability (NOFA). The NOFA was funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019.
Funding for the NOFA was provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and City of Porterville RFP For Use of PLHA Funds 4 | P a g e homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.
The City of Porterville, as an Entitlement Local government, applied and received 2020 formula allocation of PLHA funds in the amount of $532,745. The approximate PLHA five-year formula allocation amount is $2,056,524. PLHA funds must be used to carry out one or more of the eligible activities.
The City of Porterville plans to use PLHA funds for three (3) priorities, distributed over three (3) possible activities that assist persons who are experiencing homelessness or at risk of homelessness. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
The eligible activities in the City’s five-year plan include:
1. Provide operating costs for navigation centers
2. Provide operating costs for emergency shelters and/or bridge housing programs.
3. Support Permanent Housing Programs:
a. Provide operating costs for permanent supportive housing programs.
II. ELIGIBLE APPLICANTS
Affordable Housing Developers and Nonprofit organizations are eligible to apply that can demonstrate institutional, managerial and financial capability to plan, manage and complete the program as described.
III. LOCAL CRITERIA
The recipient or sub-recipient must participate with local priority systems that are in place to include the following; HMIS for data collection, Coordinated Entry System (CES), and project must be financially feasible. Additionally, the activities funded must take place in the city limits of Porterville.
IV. ELIGIBLE ACTIVITIES
The applicant may apply for funding for one or more of the eligible activities.
OPERATING COSTS FOR NAVIGATION CENTERS
PLHA funds can be used for operation costs associated with a new or existing Navigation Center. The Navigation Center would serve as a central location for people who are experiencing homelessness to connect to services to help them obtain housing or overcome barriers in obtaining housing.
OPERATING COSTS FOR EMERGENCY SHELTERS AND/OR BRIDGE HOUSING PROGRAMS.
PLHA funds can be used for operating costs needed to run an emergency shelter and/or operating costs for a bridge housing beds, leading to permanent housing. This will assist in ensuring that low barrier beds for people who have been identified by the local Continuum of Care on Homelessness, the Kings/Tulare Homeless Alliance (KTHA) continue to be available.
PERMANENT HOUSING PROGRAMS: OPERATING COSTS FOR PERMANENT SUPPORTIVE HOUSING
PROGRAMS (PSH)
Permanent housing is community-based housing, the purpose of which is to provide housing without a designated length of stay. PLHA funds may be used for operating costs. PSH can only provide assistance to individuals with disabilities and families in which one adult or child has a disability. Supportive services City of Porterville RFP For Use of PLHA Funds 5 | P a g e designed to meet the needs of the program participants must be made available to the program participants.
Placement or retention in housing must not be conditional upon participation in such services.
PSH Targets Chronically Homeless Individuals
To be eligible, proposed PSH projects must target chronically homeless individuals, as defined by HUD.
PSH is Low-barrier and Follows HUD Housing First Approach To be eligible, proposed PSH projects must be low-barrier and follow the HUD Housing First Approach.
V. GENERAL ELIGIBILITY CRITERIA
Applicants must meet the minimum general eligibility criteria described below:
Activities must take place in the City limits of Porterville Organizations must not discriminate on the basis of ethnicity, race, color, creed, religion, gender, national origin, age, disability, marital status, sexual orientation, gender identity, or Veteran’s discharge status.
Applicants must agree to use the CoC’s CES as the sole referral source for each program component. The CES is the central access and referral point for all homeless individuals seeking housing in City of Porterville. This system will identify the most appropriate housing options while also prioritizing the most vulnerable individuals for placement into permanent housing. The system will then maintain a steady flow of referrals to all available housing options. To ensure these individuals have appropriate access to the program components, a project may need to modify its entrance criteria or use reasonable accommodation to admit tenants who would otherwise not be able to apply. By agreeing to use the coordinated entry system as the sole referral source, applicants agree to make reasonable accommodation to accept the referrals. Applicants must agree to operate projects under the “Housing First” model, meaning prospective tenants are not required to agree to participate in services prior to entering the housing nor can service participation be a requirement of tenancy. Tenants can be required to adhere to a standard market lease, and their tenancy should be supported by eviction prevention strategies, including the engagement of services as appropriate.
Multiple organizations may apply as a collaborative or joint venture; however, a lead entity must be designated.
Organizations must be able to demonstrate capacity to start operations within 90 days of contract award.
Organizations must have adequate financial capacity to perform proposed operations on a reimbursement basis
Organizations must submit reports and invoices in a timely manner.
VI. APPLICATION SUBMISSION REQUIREMENTS
APPLICATION PROCESS
Applications from this Request for Proposals (RFP) from Qualified Agencies will be accepted beginning Monday, _______________. Agencies funded as a result of this RFP are expected to execute contracts with the City of Porterville by ________ and begin program operations no later than 60 days from contract execution.
Respondents shall submit a complete RFP application, (including all attachments), to:
All proposals must be submitted in PDF format electronically to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP City of Porterville RFP For Use of PLHA Funds 6 | P a g e No. __________ Permanent Local Housing Allocation (PHLA) Second Year Funding of 2019-2023 Five Year Plan”.
The City will review and evaluate each qualification and proposal submission. The City reserves the right to obtain clarification or request additional information, including an interview. If an interview is required, they will be scheduled for ___________________. Proposals will be evaluated and ranked according to the following criteria:
Criteria Points
Understanding of the project and scope of services 40
Experience in the disciples directly relevant to the
project and scope of services
30 Proposed budget and fee structure 30
Following an evaluation of the proposals, it is expected that the selected agency(ies) will be recommended to the City Council for approval. If approved by the City Council, a subrecipient agreement will be executed between the City of Porterville and the selected agency(ies).
The City of Porterville, as a unit of local government, reserves the right to reject any and/or all proposals, reserve the right to waive any formalities or irregularities in the proposal or evaluation process, and reserve the right to award contract(s) in the best interest of the City of Porterville. In addition, the City will not reimburse costs associated with the preparation or presentation of the proposals.
APPLICATION FORMAT
The submitted proposals should contain the following components:
Applicant Information Form (Attachment A)
Project Narrative
o Program Description and Design
o Management of Program
o Fiscal Management
o Diversity and Multicultural Competency
Estimated Spending Plan and Revenue Summary Form (Attachment B)
APPLICANT INFORMATION FORM
See form in Attachment A.
PROJECT NARRATIVE
1. Program Description and Design (Limit your response to 3pages) a. Program Description
i. Provide a short, one or two sentence explanation of the purpose of this program and what the funds will be used on.
ii. Explain why the program is needed.
b. Provide a detailed description of your entire proposal as below:
i. Describe the scope of the project, including the number of households that will be served annually, the program services and financial assistance that will be offered to address housing and supportive service needs. Detail the program activities under this service model and how each one will help to achieve one or more of the eligible activities listed in the City of Porterville’s PLHA Five-Year Plan.
City of Porterville RFP For Use of PLHA Funds 7 | P a g e ii. Describe annual outcomes the project expects to accomplish throughout the grant period.
iii. Describe how program services and/or other resources within your agency will be used to quickly reduce housing barriers and quickly engage participants in successfully maintaining housing stability.
iv. Describe how your project will achieve geographic dispersion and client choice in offering housing placements throughout the City of Porterville. v. Describe the project timeline for program start-up, hiring staff, and achieving fully operational status.
vi. If the applicant is partnering with another organization to provide housing and/or services to project participants, list the names of the partners and provide information on the specific roles and responsibilities of each. vii. Describe how you intend to measure program effectiveness in terms of outcomes to be achieved.
c. Participants
Describe your agency’s experience in the past two years providing services to persons who are experiencing homelessness or at risk of homelessness. i. Describe how you determined the number of clients to be served with the funding requested in this application.
ii. Describe the population(s) you intend to serve. Explain how the target population is identified, qualified and monitored. How will the project link populations to units of non-time limited housing?
d. Personnel
i. Describe the overall staffing plan to accomplish activities in the proposed program, including project leadership, reporting responsibilities, and daily program operations.
e. Collaboration/Coordination
Describe any formal or informal coordination, partnerships, or collaborations with other organizations proposed in this application.
i. Will the proposed program use subrecipients and/or subcontractors? If yes, please list each partner agency, describe their role as either a subrecipient or contractor, describe what services and the frequency of services that will be offered by the partner agency, and provide a brief description of the partner agency’s experience providing homelessness services.
ii. Describe the organization’s ability to collect data electronically and your agency’s plan to participate in HMIS and/or Coordinated Entry.
2. Fiscal Management (Limit your response to one page)
a. Please outline the organization’s initial program budget, including the availability of other revenue sources. Complete the Estimated Spending Plan and Revenue Summary Form (Attachment B). If the sections do not apply to your program type or you are not requesting funds please enter $0 or N/A. Do not leave sections blank. b. As part of the organization’s initial program budget, please identify all personnel who will provide direct or indirect support of the organization’s proposed services. Include each position title, the number of staff positions within each position title, and the number of Full Time Equivalents (FTEs) within each position title category. Identify additional fund source(s) that pays for each staff member’s salary. These positions should be the same as those listed in the Personnel section of the proposal.
c. Describe how the organization will assure the proper use and safeguarding of public funds and experience using government funds. Does your organization have policies and City of Porterville RFP For Use of PLHA Funds 8 | P a g e procedures regarding the financial operations of the organization? Have recent reviews or audits of the organization by a certified public accountant or other financial professional identified any weaknesses in the organization’s financial internal controls? If so, please provide the written report identifying the weaknesses and describe how the organization has responded to correct weaknesses.
d. Describe the organizations overall financial condition and the applicant’s ability to fund potential cost overruns or other costs not anticipated in the project budget. e. Provide copies of the last single audit and 990 filed
3. Diversity and Multicultural Competency (Limit your response to one page) Cultural Competency is defined as:
Having a defined set of values and principles, and demonstrating behaviors, attitudes, policies and structures that enable the organization to work effectively in cross-cultural situations; and
Having the capacity to 1.) value diversity, 2.) conduct self-assessment, 3.) manage the dynamics of difference, 4.) acquire institutional knowledge, and 5.) adapt to diversity and the cultural contexts of the communities being served; and Incorporating the above in all aspects of policy making, administration, practice, service delivery and involving consumers and key stakeholders.
a. Explain your agency’s philosophy and the specific efforts that are in place to assure that this project will be culturally competent and linguistically accessible for the population that will be served. Be sure to include the following information in your response:
i. Based on your understanding of the target population and subpopulation(s), describe how your project will be culturally relevant, sensitive, and linguistically accessible for the individuals or households that will be served, including efforts related to staffing, outreach and service design (i.e., how the project will help reduce barriers to housing and services for individuals of color and those households for whom English is not the primary language); ii. Describe how the ethno-cultural backgrounds of your project staff and agency board reflect that of the identified population to be served and/or how your agency is working to broaden staff and board diversity and knowledge around cultural competency; and
iii. Describe any means or efforts that are in place to assess the cultural competency of your organization and make changes accordingly.
ESTIMATED SPENDING PLAN AND REVENUE SUMMARY FORM
See Attachment B.
VII. RESPONSIVENESS
All proposals will be reviewed to determine compliance with administrative requirements and instructions specified in this RFP. The Applicant is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive. The City of Porterville also reserves the right at its sole discretion to waive minor administrative irregularities.
City of Porterville RFP For Use of PLHA Funds 9 | P a g e
ATTACHMENTS
A – Applicant Information Form
1. Project title:
2. Project location:
3.Number of households served on a given day: Number of households served annually:
4.Number of individuals served on a given day: Number of Individuals served annually:
5.a. This project is specifically designed to serve the following population:
(Please be very specific and check only those that apply) □ Homeless single adults
□ Homeless families with children
□ Homeless young adults (ages 18 - 25)
5.b. This project is specifically designed to serve the following subpopulation:
(Please check all that apply)
□ Homeless households living on the streets
□ Homeless households living in shelters
□ Homeless households living in transitional housing
□ Persons who are chronically homeless
□ Persons with serious mental illness
□ Persons with significant drug/alcohol addictions
□ Persons with chronic medical condition(s)
□ Persons exiting the foster care system
□ Persons exiting criminal justice facilities
□ Persons exiting mental health or psychiatric inpatient facilities □ Persons exiting residential chemical dependency treatment facilities
6. DUNS Number:
7. Federal Tax ID Number:
8. Contact Information for Project Applicant:
Lead Applicant Agency:
__________________________________________________________________________ Agency Mailing
Address:_________________________________________________________________________ City of Porterville RFP For Use of PLHA Funds 10 | P a g e Total Annual Agency Operating Budget (for all activities of the applicant agency from all sources):
______________
Executive Director Program Manager HMIS Data
Manager
Finance/Bookkeeper
Name
Title
Address (if
different mailing
then above)
Phone
FAX
Email
9. Applicant Type
Nonprofit organization
Affordable Housing Developer
10. Provide the caption, cause number, Court, Counsel, and general summary of any litigation pending or judgment rendered within the past three (3) years against the applicant, as applicable.
11. Indicate the extent, if any, to which the firm, association or corporation or any person in a controlling capacity or any position involving the administration of federal, state or local funds; is currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any agency; has been suspended, debarred, voluntarily excluded or determined ineligible by any agency within the past three (3) years; does have a proposed debarment pending; has been indicted, convicted or has a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or misconduct with the past three (3) years.
City of Porterville RFP For Use of PLHA Funds 11 | P a g e B– Estimated Spending Plan and Revenue Summary Form
Payroll and Personnel Expenses
HUD
Grants
Program
Income
Other
Revenue
Total
Revenue
Difference
(Rev. - Exp)
Salary and Wages FTE's Salary Total Expenses
Supervision
Case Managers
Navigators
Support Staff
Fringe Benefits (provide detail)
FICA
Workmans Comp
Insurance
Retirement
Other
Costs related to the provision of services
Space costs
Utilities
Telephone/Communications
Postage/delivery
Office Expenses
Local Travel
Equipment and Furniture
Supplies and materials
Sub-total Personnel Costs
Other Than Personnel Costs
Rental Assistance Expenses
Unit Type FMR # of units
0-BR
1-BR
2-BR
3-BR
4-BR
5-BR
Rental Assistance Total
Other Financial Assistance
Assistance Type FTE's Salary Total Expenses
Rental application fees
Utilities and Utility Deposits
Moving Costs
Security Deposits
Other: ___________________
Other: ___________________
Other: ___________________
Other: ___________________
Sub-total Other Financial Assistance
Sub-total expenses
TOTAL FUNDING REQUESTED
Annual cost
NOTE: Administrative Costs are not allowed, please make sure those costs are not included in your request.
EXPENSES REVENUES
Item No. 16.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Carolita Apartments Affordable Housing Development Regulatory Agreement SOURCE: Community Development
COMMENT: Chapter 302 of the Porterville Development Ordinance: Affordable Housing Density Bonus and Other Incentives, provides incentives for affordable housing for lower and moderate income households in a manner consistent with California Government Code Section 65915. The goal of the state and local regulations is to encourage the development of affordable housing units, and establish requirements for resale and rental controls to ensure that units remain affordable for at least thirty years.
Affordable housing incentives may consist of a variety of items, such as reduced minimum lot sizes and/or dimensions, reduced minimum building setbacks and building separation requirements, reduced minimum outdoor and/or private usable open space requirements, increased maximum lot coverage, increased maximum building height and parking. Such bonuses are applicable only to residential projects of five or more units, and require approval of the City Council.
On June 11, 2021, Chelsea Investment Corporation (CIC) submitted preliminary plans to the Project Review Committee proposing a sixty-eight (68) unit apartment complex with a community center and garden for low-income families located generally at the southwest corner of SR 65 and W. Pioneer Avenue. CIC is proposing sixty-eight (68) multifamily units of various sizes ranging from 486 square feet to 800 square feet, establishing affordable rental restrictions on sixty-eight (68) units for a period of fifty-five (55) years with one unit being reserved for an on-site manager.
The applicant has submitted a request for affordable housing incentives and concessions which are consistent with California Government Code Section 65915 and Chapter 302.05 of the Porterville Development Ordinance. The proposed number of affordable units, (sixty-seven (67) out of sixty-eight (68)) is more than thirty (30) percent of the total units; therefore, the project is permitted to have three incentives or concessions. The applicant has identified and submitted the proposed incentives and concessions as follows: reduction of parking spaces from 140 to 113, Orientation of Building 1 (not requiring a front door to face public right of way), as well as having a gate at the entrance of Pioneer Avenue.
Staff has determined that these incentives and concessions are necessary in Item No. 16.
order to provide the proposed targeted units and that the incentives and concessions will not have a specific adverse impact to the community or adjacent developments. CIC has indicated through their application that the restricted units will be occupied by individuals whose income falls within the 30 to 60th percentile of median income for Tulare County at initial tenancy.
Construction is anticipated to begin April 2022 and is expected to be completed in fourteen months.
RECOMMENDATION: That the City Council approve the Rental Restriction Agreement between the City of Porterville and Chelsea Investment
Corporation, the affordable housing incentives and concessions, and authorize the Mayor, City Manager, and City Attorney to sign all necessary documents
ATTACHMENTS: 1. Draft Rental Restriction and Regulatory Agreement
2. Site Plan and Rendering
3. Zoning Map
4. Locator Map
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Community Development Director
Final Approver: Patrice Hildreth, Deputy City Manager
1 RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City of Porterville
Porterville, CA
Attn: Planning Division
(The recordation of this document is not
subject to recording fees pursuant to
California Government Code Section 27383)
_____________________________________________________________________________________________
FOR RECORDER'S USE ONLY
RENTAL RESTRICTION AND REGULATORY AGREEMENT
LOW INCOME HOUSEHOLDS
THIS RENTAL RESTRICTION AGREEMENT (this "Agreement") is entered into as of April ___, 2022, by and among the City of Porterville, a Municipality (“City"), and Porterville CIC, LP ("Owner"), with respect to the following recitals.
RECITALS
A. Owner is the owner of real property generally located at the southwest corner of State Route 65 and West Pioneer Avenue, and more particularly described in "Exhibit A," attached hereto and incorporated herein (the "Property"). The Property will be developed as sixty-eight (68) multifamily units ("Project") for rental to qualified low-income household ("Qualified Household").
B. The purpose of this Agreement is to establish rental restrictions on sixty-eight (68) residential units of the Property for a period of fifty-five (55) years from the date of this Agreement in order to qualify for a density bonus and other planning ordinance incentives and concessions to provide for the continued availability of the Property to low-income persons and families.
C. This Agreement shall run with the land and shall bind Owner and all of Owner's successors in interest as owners of the Property.
NOW, THEREFORE, in consideration of the foregoing and the benefits secured by Owner and the City, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. TERM OF AGREEMENT, RUNS WITH THE LAND. This Agreement shall remain in full force and effect until the earlier of (a) fifty-five (55) years from date of the recordation of this Agreement in the Official Records of Tulare County, California, or (b) the date that the City obtains title to the Property as provided in Section 11. The covenants set forth herein shall be covenants running with the land in accordance with California Health and 2 Safety Code Sections 33334.3(f)(1) and 33413(c) (as they may be amended from time to time) and shall inure to the benefit of and be enforceable by the City without regard to whether the City maintains any interest in the Property and shall be binding upon Owner and/or any other party having any right, title or interest in the Property (including any portion thereof). By accepting title, Owner, or any other person who acquires an ownership interest in the Property, agrees (a) that all covenants and restrictions created by this Agreement are necessary in order to preserve the stock of affordable housing for Qualified Households and are reasonable in light of their purposes, and (b) to abide by each and every covenant and restriction herein.
2. DEFINITIONS
A. "Affordable Rent" shall be determined in accordance with California Health and Safety Code Section 50053 or any successor thereto.
B. "Low or moderate Income" means persons whose income does not exceed the limits set forth in § 50093 of the California Health and Safety Code or any successor statute thereto.
C. "Low Income" means persons whose income does not exceed the limits set forth in Section 50079.5 of the California Health and Safety Code or any successor statute thereto.
D. "Very Low Income" means persons whose income does not exceed the limits set forth in Section 50105 of the California Health and Safety Code or any successor statute thereto.
E. "Extremely Low Income" means persons whose income does not exceed the limits set forth in Section 50106 of the California Health and Safety Code or any successor statute thereto.
3. AFFORDABILITY REQUIREMENT
A. Rent and Income Restrictions. From the date that this Agreement is recorded, and for a period of fifty-five (55) years thereafter, unless earlier terminated by City.
The Project constructed on the Property shall be rented initially and thereafter during the 55 year covenant period only to Low or Very Low Income or Special Needs qualified households in accordance with the provisions of the Community Redevelopment Law set forth at Health and Safety Code sections 33000 et seq. and 50052.5.
B. Subordination to Federal, State, or County Programs. The affordability requirements in this Agreement may be subordinated to a lien, encumbrance or regulatory agreement under a federal, State or County program where the agency is providing financing, refinancing or other assistance to the Property. Upon request, the City shall execute an instrument evidencing its agreement to subordinate.
4. MAINTENANCE OF PROPERTY. During the duration of this Agreement, Owner(s) shall keep the Property in good condition, order and repair and shall not commit 3 waste or permit impairment, demolition or deterioration of the Property. City shall have the right to inspect the Property, provided the occupant is given notice prior to any such inspection.
5. NO DISCRIMINATION. Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, age, marital status, physical or mental handicap, medical condition, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, subleases or vendees in the Property.
6. NO IMPAIRMENT OF LIEN. No violation or breach of the covenants, conditions, restrictions, provisions or limitation contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument permitted under this Agreement; provided, however, that any successor of Owner's to the Property shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
7. DEFAULTS AND REMEDIES.
a. Upon substantial violation by Owner of this Agreement, City shall give written notice to Owner specifying the nature of the violation. If Owner does not correct the violation to the satisfaction of the City, in its sole discretion, within a reasonable period of time (not to exceed ninety (90) days) after its receipt of such notice, or within such further time as City, in its sole discretion, determines is necessary to correct the violation, City may immediately declare a default under this Agreement and exercise any other remedies permitted at law or in equity.
b. City shall notify First Lender if the City has declared a default under this Agreement. The notice to First Lender shall indicate that City may exercise its remedies.
8. SUCCESSOR AND ASSIGNS. This Agreement shall bind, and the benefit shall inure to, Owner and his or her heirs, legal representatives, executors, successors in interest and assigns, and the City and its successors and assigns for the term of this Agreement as provided in Section 1.
9. SUPERIORITY OF AGREEMENT. Owner covenants that Owner has not, and will not, execute any other agreement with provisions contradictory to or in opposition of the provisions of this Agreement, and that, in any event, this Agreement is controlling as to the rights and obligations between Owner and the City and their respective successors and assigns.
10. SCHEDULE. Construction is anticipated to begin April 2022 and completed by June 2023.
11. RIGHTS OF BENEFICIARIES UNDER DEEDS OF TRUSTS.
4 a. This Agreement shall not diminish or affect the rights of any lender under any promissory note or deed of trust executed by Owner in favor of such lender in connection with Owner's purchase of the Property.
b. Notwithstanding any other provisions in this Agreement to the contrary, all of the provisions of this Agreement shall terminate and have no further force and effect upon the occurrence of either of the following events:
(i) Such lender acquires title upon foreclosure of its deed of trust. (ii) Such lender acquires title by a deed in lieu of foreclosure of its deed of trust.
12. INVALID PROVISIONS. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
13. CONTROLLING LAW. The terms of this Agreement shall be interpreted under the laws of the State of California.
14. NOTICES. All notices required herein shall be sent by certified mail, return receipt requested or express delivery service with a delivery receipt and shall be deemed to be effective as of the date received or the date delivery was refused as indicated on the return receipt as follows:
To Owner: Porterville CIC, LP
Attention: _______
6339 Paseo Del Lago
Carlsbad, CA 92011
To Agency: City of Porterville
Attn: Community Development Director
The parties may subsequently change addresses by providing written notice of the change in address to the other parties in accordance with this Agreement.
15. EXHIBITS. Any exhibits referred to in this Agreement are incorporated in this Agreement by such reference.
IN WITNESS WHEREOF, the parties have executed this Agreement on or as of the date first written above.
5 Date: _______________________ OWNER:
__________________________________
Name: ____________________________
Date: _______________________ CITY:
City of Porterville
Name: ____________________________
Martha A. Flores, Mayor
ATTEST:
______________________________
John Lollis, City Clerk
Approved as to Form:
_________________________________
Julia Lew, City Attorney
STATE OF CALIFORNIA )
COUNTY OF TULARE )
6 On ___________________________ before me, ________________________________ personally appeared _________________ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature _________________________ STATE OF CALIFORNIA ) COUNTY OF
TULARE )
On ___________________________ before me, ________________________________ personally appeared ______________________ , personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature _________________________
7 EXHIBIT A
Legal Description of Property
THAT PORTION OF THE NORTH HALF OF LOT 170 OF PIONEER LAND COMPANY'S FIRST SUBDIVISION, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 3 OF MAPS, PAGE 34, TULARE COUNTY RECORDS, LYING WITHIN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 21 SOUTH, RANGE 17 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL GRANTED TO ROY LEE NEWTON IN GRANT DEED RECORDED SEPTEMBER 17, 1954 IN BOOK 1777, PAGE 636 OF OFFICIAL RECORDS, BEING A POINT ON THE NORTH LINE OF SAID LOT 170 LYING 140.45 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 170; THENCE SOUTH 89° 43' 02" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 191.10 FEET; THENCE SOUTH 00° 59' 03" EAST, A DISTANCE OF 633.53 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 170, SAID POINT LYING 296.07 FEET EAST OF THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL
GRANTED TO THE PORTERVILLE ELEMENTARY SCHOOL DISTRICT IN GRANT DEED RECORDED MAY 20, 1949 IN BOOK 1367, PAGE 415 OF OFFICIAL RECORDS; THENCE NORTH 89° 47' 30" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 296.07 FEET TO SAID SOUTHEAST CORNER; THENCE NORTH 00° 59' 11" WEST, ALONG
THE EAST LINE OF SAID PARCEL GRANTED TO THE PORTERVILLE ELEMENTARY SCHOOL DISTRICT, A DISTANCE 448.92 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 210.00 FEET SOUTH OF THE CENTERLINE OF LEMON STREET (NOW PIONEER AVENUE); THENCE SOUTH 89° 43' 02" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 105.00 FEET TO THE EAST LINE OF THAT
CERTAIN PARCEL GRANTED TO ROY LEE NEWTON IN GRANT DEED RECORDED SEPTEMBER 17, 1954 IN BOOK 1777, PAGE 636 OF OFFICIAL RECORDS; THENCE NORTH 00° 59' 11" WEST, ALONG SAID EAST LINE, A DISTANCE OF 184.99 FEET TO THE POINT OF BEGINNING.
CN (Neighborhood
Commercial)
PD (Planned
Development)
PS (Public and
Semi-Public)
RM-2 (Medium
Density
Residential)
RS-2 (Low
Density
Residential)
RM-3 (High
Density
Residential)
GERRY LN
CHARLES LN
CLINTON LN
MASTON ST
WESTSIDE ST
WISCONSIN PL
CLOVERLEAF PL
JUBILEE LN
JULIEANN LN
LA VIDA LN
DOUGLAS ST
JEAN AVE
GLENN CT
SAN LUCIA AVE
SAN CARLOS ST
MEDIAN AVE
PORTER RD
MILO ST PIONEER AVE COBB ST
PROSPECT ST
|ÿ65
WESTFIELD AVE
Zoning
PRC 2021-023
Avenues
@ Pioneer- Concept #2
Date Printed: 6/21/2021 by the Community Development Department 1 in = 400 feet
±
Project Location
GERRY LN
CHARLES LN
CLINTON LN
WESTSIDE ST
WISCONSIN PL
CLOVERLEAF PL
JUBILEE LN
JULIEANN LN
LA VIDA LN
MASTON ST
DOUGLAS ST
JEAN AVE
GLENN CT
SAN LUCIA AVE
SAN CARLOS ST
MEDIAN AVE
PORTER RD
MILO ST PIONEER AVE
COBB ST
PROSPECT ST
|ÿ65
WESTFIELD AVE
Locator Map
PRC 2021-023
Avenues
@ Pioneer- Concept #2
Date Printed: 6/21/2021 by the Community Development Department 1 in = 400 feet
±
Project Location
Item No. 17.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Selection of On-Call Materials Testing Consultants SOURCE: Engineering and Project Management
COMMENT: At it's meeting on February 1, 2022, the City Council authorized the distribution of a Request for Qualifications (RFQ) to develop an on-call list for materials testing and/or field observation services. On March 8, 2022, staff received nine (9) Statements of Qualifications (SOQs) by the 4:00 pm deadline for consideration in the creation of the on-call materials testing and/or field observation services list. A tenth SOQ was received at 4:22 pm, after the noticed deadline, and, as such, is excluded from review and ranking. The SOQs were ranked in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services" adopted by the City Council (Resolution #16-2001). The proposed contract has a term of up to five (5) years; an initial three (3) years with two (2) possible one-year extensions. Staff reviewed the nine (9) SOQs provided by the firms wherein they were rated according to the aforementioned policy, with the following results:
(1) BSK Associates 88.6 pts
(2) Soils Engineering, Inc (SEI) 88.0 pts
(3) Krazan & Associates, Inc 85.1 pts
(4) Universal Engineering Sciences 81.6 pts
(5) RMA GeoScience 82.1 pts
(6) Sequoia Valley Testing & Inspections (SVTI) 80.3 pts (7) Smith-Emery 78.9 pts
(8) DC Inspections, Inc 77.6 pts
(9) Achievement Engineering Corp. 70.2 pts
Staff is pleased with the level of interest in this RFQ and the quality of the SOQs received. Staff recommends negotiating a contract with the six (6) topranked firms (those receiving a score of 80.0 or higher) identified in the ranking above as BSK Associates, Soils Engineering, Inc (SEI),Krazan & Associates, Inc, Universal Engineering Sciences, RMA GeoScience, and Sequoia Valley Testing & Inspections (SVTI).
RECOMMENDATION: That the City Council:
1. Authorize staff to negotiate on-call contracts with BSK Associates, Soils Engineering, Inc (SEI), Krazan & Associates, Inc, Universal Engineering Sciences, RMA GeoScience, and Sequoia Valley Testing & Inspections (SVTI);
2. Authorize the Mayor to sign contract agreements;
3. Authorize the Engineering & Project Management Director to sign Item No. 17.
task orders; and
4. Authorize staff to make payments up to 100% upon satisfactory completion of tasks.
ATTACHMENTS: 1. Resolution No. 16-2001
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 18.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Retirement of Police K9
SOURCE: Police
COMMENT: In December 2018, the City of Porterville purchased "Jace," a five-year-old Belgian Malinois for use as a police service dog. "Jace" is now eight years old and has worked as a police service dog for over eight years, serving for both the Porterville Police Department and the Farmersville Police Department in his long career. This is in excess of the standard work-life expectancy for a police service dog. At this time, "Jace" has slowed significantly and is starting to experience minor health issues related to a life of service as a police service dog.
"Jace" has reached an age and health condition wherein service as a police service dog is not in the best interest of either the department or "Jace." These factors increase his chances of being injured while on duty as well as his chances of being physically impacted due to our stringent training program.
Also, there is an increasing potential "Jace" will not be able to perform at a peak level when needed. Because "Jace" is no longer able to perform as a police service dog, the fair market value of "Jace" is $1.00.
When a police service dog retires, the two options available are to either euthanize the animal or enter into a contract to sell it to a person who has advanced training and experience in handling police service dogs and who is willing to assume all liability for the animal upon the sale. Officer Darrell Locke is his handler and has a vast amount of experience of handling police service dogs and is willing to assume all liability for the animal. As such, he has requested to purchase "Jace."
In addition, the police department would also like to include the 10’ x 10’ security kennel which houses “Jace.” The kennel is familiar to the K9 and would be used to secure “Jace” when the handler is away.
RECOMMENDATION: That the City Council:
1. Approve the sale of "Jace" and the security kennel to Officer Darrell Locke for the
amount of $1.00; and
2. Authorize the Mayor to execute the agreement and document the sale of "Jace " and the security kennel to Officer Darrell Locke.
Item No. 18.
ATTACHMENTS: 1. Locke K9 Agreement
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, Deputy City Manager
1 CITY OF PORTERVILLE
CANINE (K-9) PURCHASE AGREEMENT
This Agreement between the City of Porterville (“City”) and Officer Darrell Locke (“Officer”) is made with reference to the following findings:
A. Officer is assigned to the Patrol Division which includes being a K-9 Handler.
B. Officer was, in conjunction with his assignment as a K-9 Handler, given the care, custody and control of a police dog named “Jace” (“Dog”). Because of the extraordinary amount of time a handler spends with his canine partner, a strong mutual bond is developed between the handler and his canine. Furthermore, the Dog has been specially trained to assist officers in law enforcement tasks, and to respond to commands issued specifically by the Officer.
C. The average working life expectancy for a police service dog is five years. Jace was purchased and has been in either training or working for this department for almost 4 years. This is in addition to the 4 years he worked in Farmersville. Given the above factors, further service of the Dog to the City is of minimal monetary value.
D. Due to the findings in Sections A through C, the City desires to sell the Dog to the Officer, pursuant to the terms set forth herein.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. City hereby sells the Dog to the Officer for the sum of one dollar ($1.00). The City is also providing the Officer with the Dog’s kennel and carrier at no additional cost to Officer.
2. Officer agrees and hereby assumes ownership and full responsibility for the care, maintenance, securing, food, housing, medical needs and expenses, and any and all other expenses that result from or arise out of Officer’s ownership of the Dog. City shall have no further responsibility or liability for the Dog or Dog’s care. Officer understands that City has made no representations concerning the health or condition of the Dog and accepts the Dog “as is.” Officer acknowledges that any dog’s behavior is subject to change, including but limited to a change in personality, health, or character, and also including aggression, and therefore Officer hereby assumes all risk of any kind related to the actions or behavior of said Dog, including but not limited to acts of aggression. In acknowledgment of this, Officer hereby releases City from any liability for behavioral actions of the Dog or the direct or indirect consequences thereof.
3. To the fullest extent permitted by law, Officer agrees to hold harmless, indemnify and defend the City, its officers, employees, agents and volunteers, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation, arising out of Officer’s ownership or control of the Dog, or Dog or Officer’s actions with Dog outside the course and scope of employment, and including the City’s active or passive 2 negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City.
4. Officer gives up and waives any right he may have on behalf of himself and his heirs, assigns, and successors for any loss, injury, damage, claim, or liability arising out of or in any way related to Officer’s ownership and possession of the Dog.
5. This agreement constitutes the entire understanding of the parties and may only be amended by mutual written agreement executed by the parties.
Date: ___________________
OFFICER
________________________
Darrell Locke
CITY OF PORTERVILLE
_________________________
Martha A. Flores, Mayor
Item No. 19.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Amendments to Contract with MuniServices, LLC
SOURCE: Finance
COMMENT: On April 18, 1995, the City entered into a consultant services agreement with Municipal Resource Consultants to perform revenue enhancement services, including the examination of sales or transactions and use tax records. On May 4, 2021, an amendment and novation agreement was executed assigning the agreement to MuniServices, LLC which is the registered legal entity.
Recently, the California Department of Tax and Fee Administration (CDTFA) has taken the position that general references to "sales or transactions and use tax" are insufficient to allow access to CDTFA records relating to the collection of Measure I district tax. In order for MuniServices to gain access to the Measure I transactions and use tax allocation data or payments and perform an audit of those payments, a contract amendment and a new Resolution, specifically referring to Measure I, need to be submitted to CDTFA.
In addition, MuniServices is requesting an amendment to its contract to reduce its compensation for the sales or transactions and use tax enhancement audit from twenty-five percent (25%) to fifteen percent (15%) of the revenue realized by the City as a result of such audit.
RECOMMENDATION: That the City Council:
1. Approve Amendment No. 2 incorporating the examination of Measure I transactions and use tax records into the Consultant Services Agreement with MuniServices, LLC;
2. Approve the draft Resolution designating MuniServices, LLC to examine the Measure I transactions and use tax records of the CDTFA pertaining to those taxes collected for the City; and
3. Approve Amendment No. 3 changing MuniServices, LLC
compensation to fifteen percent (15%) of revenue realized by the City from their audit.
ATTACHMENTS: 1. Draft Resolution
2. Amendment No. 2 to the Consultant Services Agreement
3. Amendment No. 3 to the Consultant Services Agreement
4. MuniServices Consultant Services Agreement
Item No. 19.
Appropriated/Funded:
Review By:
Department Director:
Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
RESOLUTION NO. _____ - 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS
AND USE TAX RECORDS
WHEREAS: Pursuant to Ordinance No. 614, Ordinance No. 1684 and Ordinance No. 1850 of the City of Porterville, hereinafter called City and Section 7270 of the Revenue and Taxation Code, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and operation of the sales or transactions and use taxes; and
WHEREAS: The City deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the California Department of Tax and Fee Administration pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS: Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of California Department of Tax and Fee Administration records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the sales or transactions and use tax records of the Department;
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby approve the following:
1. That the Finance Director, Community and Economic Development Director and Finance Administrative Analyst of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration are hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pursuant to the contract between the City and the Department.
2. The information obtained by examination of Department records shall be used only for purposes related to the collection of the City’s sales or transactions and use taxes by the Department pursuant to the contract and for purposes related to the following governmental functions of the City:
a. Finance and Budgeting
b. Economic Development
The information obtained by examination of Department records shall be used only for those governmental functions of the District listed above.
3. That MuniServices, LLC is hereby designated to examine the sales or transactions and use tax records of the California Department of Tax and Fee Administration pertaining Resolution No. ______ -2022
to sales or transactions and use taxes collected for the City by the Department including:
City of Porterville Transactions and Use Tax Ordinance of 2018 - Measure I (1.0% transactions and use tax rate) effective April 1, 2019.
4. The entity designated by this section meets all of the following conditions, which are also included in the contract between the City and MuniServices, LLC:
a. Has an existing contract with the City to examine those sales or transactions and use tax records;
b. Is required by that contract to disclose information contained in, or derived from those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information; c. Is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d. Is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department, and for those purposes relating to the governmental functions of the City listed in Section 2 of this resolution; and
PASSED, APPROVED AND ADOPTED this 5th day of April, 2022. ____________________________________
Martha A. Flores, Mayor
ATTEST:
John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk
1 AMENDMENT NO. 2 TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN MUNISERVICES, LLC AND THE CITY OF PORTERVILLE
THIS CONTRACT AMENDMENT No. 2 (Amendment) is entered into between the City of Porterville (City) and MuniServices, LLC (MuniServices), (collectively the “Parties”).
The City and MuniServices agree as follows:
WHEREAS, the City and MuniServices, entered into a Consulting Services Agreement, with an effective date of April 18, 1995 (hereinafter “Agreement”) to perform, among other things, Sales or Transactions and Use Tax Audit Services;
WHEREAS, the City adopted the City of Porterville Transactions and Use Tax Ordinance of 2018 - Measure I (1.0% transactions and use tax rate) to provide funds to maintain essential local city services, which became effective on or about April 1, 2019 (District Tax); WHEREAS, the California Department of Tax and Fee Administration (Department) has taken the position that general references to “sales or transactions and use tax” are insufficient to allow access to information relating to the collection of the District Tax by the Department; WHEREAS, the City and MuniServices, without conceding the correctness of the Department’s interpretation, deem it prudent to comply with the interpretation by amending the Agreement to specifically refer to the District Tax;
WHEREAS, section 7056 of the California Revenue and Taxation Code imposes conditions on the access to information related to the collection of sales, transaction and use tax by the Department; NOW THEREFORE, in order to satisfy the requirements of section 7056, the parties hereby amend the Agreement as follows:
1. The following language is incorporated into the Consultant Services Agreement as set forth therein.
Transaction and Use Tax
“MuniServices qualifies under Section 7056 of the Revenue and Taxation Code to review (Bradley-Burns) confidential taxpayer information and documentation before the State Board of Equalization or its successor agency, the California Department of Tax and Fee Administration (collectively, or in the alternative, the “Department”). MuniServices is hereby authorized by this Agreement to examine sales or transactions and use tax records of the Department, including but not limited to the sales or transaction and use tax that became effective on or about April 1, 2019 known as the City of Porterville Transactions and Use Tax Ordinance of 2018 – Measure I, pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the City.
MuniServices is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information.
2 MuniServices is prohibited from performing consulting services for a retailer during the term of this Agreement.
MuniServices is prohibited from retaining the information contained in, or derived from, those sales or transactions and use tax records, after this Agreement has expired.”
2. The City and MuniServices agree that although the scope of work generically refers to “sales and use tax” those references are meant to include “sales or transactions and use tax” as part of the scope of work, including but not limited to any transaction and use taxes adopted after the effective date of the Agreement.
3. The Parties agree that the Agreement is applicable to all Sales or Transaction and Use Tax Ordinances currently enacted in the City and which may be enacted while the Agreement is in effect.
4. The Parties agree that the City will adopt an updated resolution as Exhibit A to this Amendment.
5. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect.
6. In case of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall strictly prevail.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives as of the date set forth below.
DATED: April 5, 2022
CITY OF PORTERVILLE MUNISERVICES, LLC
By: ______________________________ By: ______________________________
Name: Martha A. Flores
Title: Mayor
AMENDMENT NO. 3
TO THE CONSULTANT SERVICES AGREEMENT
This Amendment No. 3 is made as of __________, by and between the City of Porterville, a municipal corporation (“City”), and MuniServices, LLC., a Delaware limited liability company (“Consultant”) collectively the Parties.
RECITALS
A. On or about April 18, 1995, City and Consultant entered into an agreement for Sales and Use Tax Audit (SUTA), as agreed upon by City and Consultant that fall under the scope of this PSA (the "Agreement").
NOW, THEREFORE, in consideration of the mutual promises and covenants contained here, the Parties agree as follows:
AGREEMENT
1. Compensation (Exhibit B, Section 5.1). Changes to compensation as written below:
a) CONSULTANT’s compensation for the Sales, Transactions and Use Tax Audit Service is reduced to a 15% contingency fee. This fee applies to revenue received for six quarters beginning with the quarter in which the Date of Correction falls and all eligible prior quarters back to and including the three quarters prior to the Date of Knowledge quarter for Bradley-Burns sales tax revenues and all eligible prior quarters back to and including all corrected quarters prior to the Date of Knowledge quarter for district tax revenues.
IN WITNESS WHEREOF, the parties are signing this Amendment on the date stated in the introductory paragraph.
Consultant City of Porterville
MuniServices, LLC A Municipal Corporation
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(Print Name/Title)
Martha A. Flores, Mayor
(Print Name/Title)
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Item No. 20.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Authorization to Augment Community Services & Employment Training (CSET) Henry Street Park Project Funding
SOURCE: Parks and Leisure Services
COMMENT: Community Services & Employment Training (CSET) has long been a beneficial partner to the City collaborating on numerous construction projects and other types of programs throughout the years. Currently, CSET continues to perform park improvement projects at the city-owned property located at 604 North Henry Street. The property is just north of Murry Park on the north side of Putnam Avenue. The property has been designated as park space to complement Murry Park. CSET's initial project was funded through a Prop 68 restoration grant. The project scope included: removal of non-native plants and debris, restoration of the pond, drainage improvements, installation of a decomposed granite trail, planting of drought tolerant landscaping, irrigation installation, restoration of pipeline to fill the pond, installation of benches and educational signage. The total project cost was $150,000.
CSET is now working on additional site improvements at the Henry Street location. Construction of a concrete walkway to encircle the pond, installation of solar powered lights, sidewalk installation along East Putnam Avenue, and installation of wrought iron fencing to protect pedestrians from traffic summarize the items to be completed. CSET received $142,858 through Active Transportation Program funds for this project. Work performed will increase and improve the connectivity and mobility in the vicinity of Henry Street Park.
CSET has requested the City augment construction funding for this project by $16,000. It is recommended the City's funding portion of the project be paid through Local Transportation Funds already budgeted for Henry Street improvements.
RECOMMENDATION: That the City Council authorize augmenting CSET's Henry Street Park project funding with LTF funds in the amount of $16,000.
ATTACHMENTS: 1. LOCATOR MAP
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Item No. 20.
Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 21.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Consideration of Approval of Loan Assumption for St. James Place SOURCE: Community Development
COMMENT: On February 22, 2000, St. James Place, LLC received two, zero percent (0%) loans from the City for the reconstruction of a fourteen (14) unit affordable housing rental project in the city located at 252 North Main Street. One of the loans was funded with HOME Investment Partnership (HOME) funds in the amount of $952,381 and the second, for $254,000, was funded from Redevelopment funds.
Both loans are subject to provisions of the Development Agreement (Attachment 1) and Regulatory Agreements (Attachment 2) which govern, regulate and restrict development and construction of the project and established a thirty (30) year affordability period.
The HOME Loan is a thirty (30) year note with an annual payment to the City of all residual receipts over $5,000, per the Note dated February 22, 2000 (attachment 3). The note is due and payable in 2030, and has a current balance of $952,381.
The Redevelopment Loan may be forgiven at 1/30 of the original principal amount of the Note on each anniversary date of the note until the full amount has been reduced to zero, if the requirements of the Development and Regulatory agreements are met, as per the Promissory Note dated February 22, 2000 (attachment 4). The current Redevelopment Loan balance is $76,000.
On March 2, 2022, staff met with Kenny Walker, one of the partners of St.
James Place, LLC, where staff was informed of the intent to sell the property to Victor Ceballos. Ceballos was in attendance with his real estate agent to review the Deed Restrictions and Regulatory Agreement in place between the City of Porterville and St. James Place, LLC.
On March 16, 2022, a letter from Ceballos (Attachment 5) was received, requesting to assume both of the loans referenced above in accordance with the provisions in the promissory notes. Both notes have an ability to be assumed with the prior written consent of the City. The provisions in the Promissory Note (Attachment 3) funded with HOME funds state in section 2(E) that, “The loan is due upon sale and may be assumable with prior written consent of the City.
Covenants remain as specified in the Regulatory Agreement.” The Promissory Note (Attachment 4), funded with Redevelopment funds, states in section three Item No. 21.
(3), "The loan is due upon sale and may be assumable with the prior written consent of the City. Covenants remain as specified in the Regulatory Agreement."
RECOMMENDATION: That the City Council
1. Authorize the HOME Investment Partnership loan in the amount of $952,381 to be assumed by Victor Ceballos
and;
2. Authorize the Redevelopment Forgivable Loan for the
remaining balance of $76,000 in accordance with the
agreements to be assumed by Victor Ceballos , and;
3. Authorize staff to execute the necessary documents to transfer the loans and regulatory agreements to Victor
Ceballos.
ATTACHMENTS: 1. Development Agreement
2. Regulatory Agreement
3. St James HOME Loan Deed of Trust & Promissory Note
4. St James Redevelopment Deed of Trust & Promissory Note
5. Letter from Victor Ceballos dated March 4, 2022
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
Item No. 22.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Recognition of Arbor Day 2022
SOURCE: Parks and Leisure Services
COMMENT: For twenty-nine consecutive years, the City of Porterville has received Tree City USA status. In order to receive such status, a city must: maintain a tree board or department, have a community tree ordinance, spend at least $2 per capita on urban forestry, and celebrate Arbor Day. This year, the Tule River Parkway Association, in conjunction with the City of Porterville, received an Arbor Week 2022 Grant Program award of $4,000. It is proposed that the Arbor Day ceremony take place along the Tule River Parkway on April 29, 2022, at 1:00 PM, to correspond with the grant award. The 2021 Arbor Day ceremony took place at Veterans Park near the corner of Morton and Newcomb.
The project scope detailed in the Arbor Week 2022 grant application includes seventeen native trees being planted, installation of irrigation, and educational signage being added. The COVID-19 Ad Hoc Committee discussed Arbor Day on March 30, 2022, and the Parks and Leisure Services Commission is scheduled to hold its annual discussion on Arbor Day at its meeting on April 7, 2022. In addition to the ceremony on April 29, 2022, the Tule River Parkway Association is hosting a tree planting on the morning of April 30, 2022, at which trees not planted as part of the ceremony will be planted that day.
RECOMMENDATION: That the City Council authorize the recognition of Arbor Day 2022 on April 29, 2022, at the Tule River Parkway.
ATTACHMENTS: 1. TRP Arbor Week 2022 Tree Planting
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 23.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: City of Porterville Annual Housing Fair Event
SOURCE: Community Development
COMMENT: April 2022 commemorates the 53rd anniversary of the Fair Housing Act. In celebration of National Fair Housing Month, the Community Development Department is proposing to host a Housing Fair Event for the community at Centennial Park on April 29, 2022 from 3:00 PM –7:00 PM. The City of Porterville has hosted an annual Housing Fair event for many years prior to the Covid-19 Pandemic.
The purpose of this free event is to bring resources to the community that help ensure that everyone has equal access to safe and affordable housing. The event is intended for individuals, who may be tenants, landlords, prospective homeowners and current homeowners. Agencies that provide housing services and promote fair housing resources will be invited to participate in the event and encouraged to host a family-friendly activity at their booth. Historically, the event has offered information from mortgage lenders, legal services, real estate organizations, estate planning, City planning, energy efficiency, and resources for veterans. No fee for venders will be required.
The event is proposed to be held within Centennial Park. Staff will not be requesting any barricades, street closures or special police assistance.
RECOMMENDATION: That the City Council approve the City of Porterville Annual Housing Fair Event at Centennial Park on April 29, 2022, from 3:00 - 7:00 P.M.
ATTACHMENTS: 1. Sample Event Layout
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Community Development Director
Final Approver: Patrice Hildreth, Deputy City Manager
1 7 6 5 4 3 2
8 9
10 11
12 13/14 15 16 17
19 18
21 20
Item No. 24.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Approval for Community Civic Event - Tule River Economic Development Corporation - Cinco De Mayo Kick Back - April 30, 2022
SOURCE: Finance
COMMENT: The Tule River Economic Development Corporation (TREDC) is requesting approval of a Community Civic Event Application to hold the "Cinco de Mayo Kick Back" event on Saturday, April 30, 2022, at the City-owned parking lot on Hocket Street and Mill Avenue, adjacent to Landing 13. The event will showcase and display classic and modified vehicles for viewing by spectators from 1:00 p.m. to 5:00 p.m. Food and drinks will be available for purchase inside the restaurant, but no alcohol will be allowed outside of the restaurant.
This request is made under the Community Civic Event Ordinance No. 1326, as amended. The Application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements are listed on the attached copy of the Application and Agreement, Exhibit A and Exhibit B. The City Council's COVID-19 Ad Hoc Committee has reviewed the application and recommended approval of the event. Event organizers are required to adhere to all Federal, State and local guidelines and limitations pertaining to COVID-19.
RECOMMENDATION: That the City Council approve Tule River Economic Development Corporation's Application for a Community Civic Event permit to hold the "Cinco de Mayo Kick Back" event on Saturday, April 30, 2022, at the Hockett Street and Mill Avenue parking lot, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A and Exhibit B.
ATTACHMENTS: 1. Community Civic Event Application and Agreement, Map, Exhibit A, Exhibit B, Outside Amplifier Permit, and
Certificate of Liability Insurance
Appropriated/Funded:
Review By:
Department Director:
Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
Item No. 24.
Item No. 25.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Approval of Community Civic Event - Comision Honorifica Mexicana Americana, Inc. - Annual Cinco de Mayo Celebration - April 30, 2022 - May 1, 2022
SOURCE: Finance
COMMENT: Comision Honorifica Mexicana Americana, Inc. (CHMA) is requesting approval of its Community Civic Event Application for a permit to hold the Annual Cinco de Mayo Celebration from April 30, 2022 to May 1, 2022. The event will include a parade down Main Street on Saturday, April 30, 2022 from 10:00 a.m. to 12:00 p.m. as well as a soccer tournament and fiesta that is planned to take place at Veterans Park on Saturday, April 30, 2022 and Sunday, May 1, 2022 from 10:00 a.m. to 7:00 p.m.
With regard to the parade, CHMA is requesting the closure of the following streets:
Main Street and Second Street - from Morton Avenue to Olive Avenue Morton Avenue - from Main Street to Second Street
Harrison - from Hockett Street to Second Street
Thurman, Cleveland, Putnam, Mill, Oak, and Garden - from Division Street to Second Street
Olive Avenue - from Hockett Street to B Street
This request is submitted in accordance with the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all Departments involved. All requirements are listed on the attached copy of the Application and Agreement, Exhibit A , Exhibit B, and Exhibit C. The City Council's COVID-19 Ad Hoc Committee has reviewed the application and recommended approval of the event. Event organizers are required to adhere to all Federal, State and local guidelines and limitations pertaining to COVID-19.
RECOMMENDATION: That the City Council approve the Community Civic Event Application from Comision Honorifica Mexicana-Americana, Inc. for a permit to hold the annual Cinco de Mayo Celebration, from April 30, 2022 to May 1, 2022, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.
Item No. 25.
ATTACHMENTS: 1. CCE Application and Agreement, Maps, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, and Certificate of Liability Insurance
Appropriated/Funded:
Review By:
Department Director:
Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
Item No. 26.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Approval of Community Civic Event - Pink Heals - Rollin Relics Car Show - May 14, 2022
SOURCE: Finance
COMMENT: Pink Heals Tulare County Chapter and Rollin' Relics Car Club are requesting approval of a Community Civic Event permit to hold the Rollin' Relics Car Show on Saturday, May 14, 2022, at Veterans Park from 8:00 a.m. to 4:00 p.m.
The Rollin' Relics Car Club is requesting permission to park the show cars and set up vendor booths on the grassy area along Newcomb Street and Henderson Avenue within the Park.
This request is submitted in accordance with the Community Civic Event Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all Departments involved. All requirements are listed on the attached copy of the Application and Agreement, Exhibit A, and Exhibit B. The City Council's COVID-19 Ad Hoc Committee has reviewed the application and recommended approval of the event. Event organizers are required to adhere to all Federal, State and local guidelines and limitations pertaining to COVID-19.
RECOMMENDATION: That the City Council approve Pink Heals and the Rollin' Relics Car Club application for a Community Civic Event permit to hold the Rollin' Relics Car Show on May 14, 2022 at Veterans Park, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, and Exhibit B.
ATTACHMENTS: 1. Community Civic Event Application and Agreement, Map, Exhibit A, Exhibit B, Outside Amplifier Permit, and
Certificate of Liability Insurance
Appropriated/Funded:
Review By:
Department Director:
Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
Item No. 27.
CITY COUNCIL AGENDA – APRIL 5, 2022
SUBJECT: Status and Review of Local Emergency: Drought
SOURCE: City Manager's Office
COMMENT:
At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of March 15, 2022, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.
Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.
On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.
The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).
On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 27.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.
On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.
On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (50) gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City will need to submit its plan for compliance for approval by the State Water Resources Control Board.
On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.
On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4."
Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.
Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the Item No. 27.
East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.
Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes.
To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.
A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.
In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at its meeting on Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.
County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is Item No. 27.
meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.
As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.
City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.
City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.
Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.
Staff is coordinating with State staff on addressing these new isolated needs.
County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water Item No. 27.
lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.
DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.
DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water Item No. 27.
system.
RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015
2. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021
3. State of California State of Emergency Proclamation: April 21, 2021
4. County of Tulare Drought Local Emergency Resolution:
April 27, 2021
5. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022
6. Governor Newsom Executive Order N-7-22: March 28,
2022
7. State Water Resources Control Board Funding Agreement:
Akin/Central Water Consolidation Project
Appropriated/Funded:
Review By:
Department Director:
John Lollis, City Manager
Final Approver: John Lollis, City Manager
United States Department of Agriculture
Office of the Secretary
Washington, D.C. 20250
An Equal Opportunity Employer
March 5, 2021
The Honorable Gavin Newsom
Governor
State of California
Sacramento, California 95814
Dear Governor Newsom:
In accordance with 7 CFR 759.5(a), I am designating 50 California counties as primary natural disaster areas due to a recent drought.
According to the U.S. Drought Monitor (see http://droughtmonitor.unl.edu/), these counties suffered from a drought intensity value during the growing season of 1) D2 Drought-Severe for 8 or more consecutive weeks or 2) D3 Drought-Extreme or D4 Drought-Exceptional.
In accordance with section 321(a) of the Consolidated Farm and Rural Development Act, additional areas of your state and adjacent states are named as contiguous disaster counties. Enclosed you will find documentation that provides a detailed list of all primary and contiguous counties impacted by this disaster.
A Secretarial disaster designation makes farm operators in primary counties and those counties contiguous to such primary counties eligible to be considered for certain assistance from the Farm Service Agency (FSA), provided eligibility requirements are met. This assistance includes FSA emergency loans. Farmers in eligible counties have 8 months from the date of a Secretarial disaster declaration to apply for emergency loans. FSA considers each emergency loan application on its own merits, taking into account the extent of production losses on the farm and the security and repayment ability of the operator.
Local FSA offices can provide affected farmers with further information.
Sincerely,
Thomas J. Vilsack
Secretary
Enclosure
Disaster Designation Areas for California and Contiguous States Primary Counties:
California (50)
Alameda Glenn Marin Riverside Solano
Alpine Humboldt Mariposa Sacramento Sonoma
Amador Imperial Mendocino San Bernardino Stanislaus
Butte Inyo Merced San Francisco Sutter
Calaveras Kern Modoc San Joaquin Tehama
Colusa Kings Mono San Mateo Trinity
Contra Costa Lake Napa Santa Clara Tulare
Del Norte Lassen Nevada Shasta Tuolumne
El Dorado Los Angeles Placer Sierra Yolo
Fresno Madera Plumas Siskiyou Yuba
Contiguous Counties:
California (8)
Monterey San Benito San Luis Obispo Santa Cruz
Orange San Diego Santa Barbara Ventura
In addition, in accordance with section 321(a) of the Consolidated Farm and Rural Development Act, counties in adjacent states are named as contiguous disaster areas. Those states, counties, and numbers are:
Contiguous Counties in Adjacent States:
Arizona (3)
La Paz Mohave Yuma
Nevada (8)
Clark Esmeralda Mineral Washoe
Douglas Lyon Nye Carson City
Oregon (5)
Curry Josephine Lake
Jackson Klamath
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.
NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.
IT IS HEREBY ORDERED THAT:
1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.
2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.
3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.
4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.
5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.
6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.
7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.
For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.
8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.
9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.
10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.
11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.
12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.
13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.
14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.
This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:
RESOLUTION PROCLAIMING A LOCAL EMERGENCY
BY THE BOARD OF SUPERVISORS
COUNTY OF TULARE, STATE OF CALIFORNIA
IN THE MATTER OF A
LOCAL EMERGENCY DUE TO )
SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.
UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR
TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:
AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND
TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
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ATTEST:
BY:
JASON T. BRITT
COUNTY ADMINISTRATIVE OFFICER/
CLERK, BOARD OF SUPERVISORS
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002
TO ADOPT AN EMERGENCY REGULATION
TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.
2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.
3. There is no guarantee that winter precipitation will alleviate the current drought conditions.
4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.
5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.
6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.
8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.
These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.
9. Enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.
10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.
11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.
13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.
2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.
6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.
AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.
Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.
3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).
4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.
5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.
7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.
9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.
10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.
12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the
AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.
PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
3pg18xi20
1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• Exhibit A – Scope of Work and Schedule
• Exhibit B – Specific Funding Provisions
• Exhibit C – GENERAL TERMS AND CONDITIONS 2019-NOV
• Exhibit D – Special Conditions
2. The following documents are also incorporated by reference:
• the Drinking Water System Permit No. 03-12-06P-004;
• the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/davisbacon/2020_ dwsrf_governmental_entities.pdf
3. Party Contacts during the term of this Agreement are:
State Water Board City of Porterville
Section: Division of Financial Assistance
Name: Pete Stamas, Project Manager Name: Monte Reyes, Mayor Address: 1001 I Street, 16th Floor Address: 291 North Main Street City, State,
Zip:
Sacramento, CA 95814 City, State, Zip: Porterville, CA 93257 Phone: (916) 552-9983 Phone: (559) 782-7499
Fax: Fax:
Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.
4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement. (b) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(c) The Recipient must deliver to the Division a resolution certifying that its decision-making body reviewed and considered the Mitigated Negative Declaration filed by the State Water Board for the Akin Water Company Water Supply Project together with the Mitigation Monitoring and Reporting Program and reached its own conclusions on whether and how to approve the Project, pursuant to Section 15050 (b) of the CEQA Guidelines.
5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
3pg18xi20
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1. PROJECT PURPOSE AND DESCRIPTION.
The Project is for the benefit of the Recipient and has a Useful Life of at least 40 years. The funding under this Agreement shall be used to provide the residents of two small disadvantaged communities currently served by Akin Water Company (Akin WC) and Central Mutual Water Company (Central MWC) with a sustainable source of safe drinking water.
A.2. SCOPE OF WORK.
The Recipient agrees to do the following: consolidate with Akin WC and Central MWC. Recipient also agrees to construct a new production well, estimated to produce between 1,300 and 1,800 gallons per minute, to provide the needed source capacity for the consolidation of Akin WC, the consolidation of Central MWC, as well as satisfy the remainder of East Porterville residents’ capacity needs.
The Recipient agrees to do the following for the Akin WC service area: construct approximately 1,500 feet of 8-inch waterline to provide water service to each customer currently served by Akin WC; install approximately three new fire hydrants and twenty-six new service laterals and meters; and destroy Akin WC’s two existing wells.
The Recipient agrees to do the following for the Central MWC service area: construct approximately 1,400 feet of 6-inch waterline to provide water service to each customer currently served by Central MWC; install approximately four new fire hydrants and thirty-four new service laterals and meters; and destroy Central MWC’s existing well.
Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.
A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.
Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
must complete and submit all work in time to be approved by the Division prior to the Project Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.
ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE
ESTIMATED DUE
DATE
EXHIBIT A – SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION
1. Final Plans and Specifications September 1, 2021
2. Final Budget Approval Package February 1, 2022
3. Completion of Construction October 1, 2023
B. REPORTS
1. Progress Reports Quarterly
2. Final Inspection and Certification October 1, 2023
3. Project Completion Report December 1, 2023
4 As Needed Reports TBD
EXHIBIT B – REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS
1. Reimbursement Requests Quarterly
2. Final Reimbursement Request April 1, 2024
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.
A.5 PROGRESS REPORTS.
The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements; 3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
A.6 SPECIAL REPORTS.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply.
A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.
Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.
The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.
B.2 RECIPIENT CONTRIBUTIONS.
(a) The loan component of this Agreement is forgiven. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is Zero dollars and no cents ($0.00). (b) The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect the recovered funds.
B.3 VERIFIABLE DATA.
Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.
B.4 BUDGET COSTS
Budget costs are contained in the Summary Project Cost Table below:
LINE ITEM TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT
Construction $3,194,720 $3,194,720
Pre-Purchased Material/Equipment $0 $0
Purchase of Land $0 $0
Contingency $638,944 $638,944
Allowances (Soft Costs) $954,000 $954,000
TOTAL $4,787,664 $4,787,664
The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.
The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.
Reasonable indirect costs may be allowable upon approval by the Division.
B.5 LINE ITEM ADJUSTMENTS.
Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.
Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.
B.6 REIMBURSEMENT PROCEDURE.
(a) Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:
1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred costs as specified below through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.
2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.
3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.
4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed.
Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.
5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.
6. The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.
7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (b) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(c) Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after this the Division has approved the final budget form submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.
B.7 REVERTING FUNDS AND DISENCUMBRANCE.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
1. Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date
2. Each capitalized term used in this Agreement has the following meaning:
• "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. • "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
• "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
• “District Office” means District Office of the Division of Drinking Water of the State Water Board. • “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. • “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
• “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. • “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
b) Failure to operate the System or the Project without the Division’s approval; • “Final Budget Approval” means the Division-approved final budget for the Project, as set forth in Exhibit B. • “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
• "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. • “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. • “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
• “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Porterville, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. • “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.
3. Acknowledgements.
The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
5. [RESERVED]
6. [RESERVED].
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
7. Environmental/Technical Special Conditions
Technical:
1. The Recipient shall submit its professional engineering services contract to the Division prior to disbursement of funds for costs incurred under such contract.
2. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division of Drinking Water Tulare District Office Engineer and the Project Manager.
3. The Recipient must submit final consolidation agreements with Akin WC and Central MWC, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for any Project Costs under the Agreement.
4. Upon completion of the Project the Recipient shall submit a water supply permit amendment request for review to the Division of Drinking Water Tulare District Office.
Environmental:
1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Mitigation Monitoring and Reporting Program adopted by the State Water Board on June 16, 2016 for the Project. The Recipient shall implement all mitigation measures therein. b. The letter dated February 12, 2020, from Patricia Cole of the United States Fish and Wildlife Service, San Joaquin Valley Division to Douglas E. Eberhardt of the United States Environmental Protection Agency, including, but not limited to, the following:
i. Implement Avoidance and Minimization Measures and Best Management Practices prior to and during construction activities to minimize and avoid effects to the San Joaquin kit fox.
c. The Mitigation Monitoring and Reporting Program adopted by the City of Porterville on April 21, 2020 for the Central Mutual Water Company Consolidation Project. The Recipient shall implement all mitigation measures therein.
2. In the Recipient’s Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.
3. In the Recipient’s Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.
8. [RESERVED].
9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.
10. [RESERVED].
11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
12. [RESERVED].
13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.
14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.
15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
xx. The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption.
xxi. [RESERVED].
16. Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.
17. State Cross-Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
a) The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. b) Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c) Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d) Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. e) Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f) Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
g) Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h) Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i) Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j) Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k) The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.
18. Financial Management Systems. The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017