Agenda packet — Porterville City Council, July 19, 2022 (part 2 of 3)

38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

City of Porterville
Agreement Number CCL-5122-091
AMS ADV ID: 622000169

Page 19 of 19 ends

Section IV
Attachments:

The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.

I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

CITY OF PORTERVILLE
By: By:

Printed Name:

Gretchen Chavez
Printed Name:

John Lollis
Title:

Office Chief
Clean California Local Grant Program
Division of Local Assistance
Title:

City Manager
Date: Date:

By:

Printed Name:

Title:

Date:

Javier Sanchez, Jr.

Engineering & Project Management Director
Item No. 14.

CITY COUNCIL AGENDA – JULY 19, 2022
SUBJECT: Authorization to Negotiate Contract for Professional Services for Development Ordinance Update
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 are 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 is allocated approximately $1,613,803 of such grant funds under the REAP MOU and will 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 suballocate 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. The City of Porterville will receive approximately $163,000 as its allocation from TCAG.

On April 5, 2022, the City Council authorized staff to distribute a Request for Proposals (RFP) for consultant urban planning services to undertake a comprehensive update to the Development Ordinance. The RFP was open from April 6 to May 6 and sent to local firms as well as firms across California. The City received two responses from Mintier Harnish/Rincon Consultants and Provost & Pritchard Consulting Group. Both firms were found to have the desired qualifications; however, Provost & Pritchard Consulting Group has proposed a project scope of $160,000, which is in line with the available funding. Mintier Harnish/Rincon Consultant’s proposal of $297,000 exceeded the available grant funding.

RECOMMENDATION: That the City Council authorize staff to negotiate a contract with Provost & Pritchard Consulting Group to complete the
comprehensive Development Ordinance update and authorize the Item No. 14.

Community Development Director to execute the contract.

ATTACHMENTS: 1. Development Ordinance Update Request For Proposals 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 20, 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:

CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL 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.

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.

CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL 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.

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.
• Registration on the Public Purchase site as an official proposal holder.

CONSULTANT SELECTION PROCESS

CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL 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.

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 topranking 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.

CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL • 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”.

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 20, 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]

CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL

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

CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, 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:

CITY OF PORTERVILLE ZONING CODE UPDATE REQUEST FOR PROPOSAL 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 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 – JULY 19, 2022
SUBJECT: Intent to Set a Public Hearing to Consider the Formation of a Sewer Utility District for Island Annexation Area 457
SOURCE: Engineering and Project Management
COMMENT: Staff respectfully requests that the City Council set a Public Hearing for August 16, 2022, to allow for a "protest hearing" from property owners who live and/or own property within Island Annexation Area 457. Proposition 218 guidelines requires forty-five (45) days marked notice of the Public Hearing. A ballot must be included in the notice for property owners to vote for or against the formation of a sewer utility district. This was accomplished via regular mail service through the United States Postal Service on June 30, 2022. Affected property owners were notified of the Public Hearing, the sewer connection assessment amount, length of time provided on the assessment, reason for the assessment, and a summary on how the voting will function.

A Resolution declaring the Council's intent to create a sewer utility district is attached for Council's consideration. Proposition 218 Guidelines specify that the City Engineer or the Engineering and Project Management Director must prepare and present an Engineer's Report to the Council prior to the Hearing.

The Engineer's Report must Provide:

1. A description of the improvements;

2. A cost estimate of the improvements;

3. Maps and/or drawings describing the boundaries of the utility district;

4. Methodology used by the Engineer of Record to equitably spread the cost of the improvements throughout the utility district; and

5. An assessment roll listing all parcels in the district and the proposed assessment against each parcel in the district.

RECOMMENDATION: That the City Council:

1. Set a Public Hearing for August 16, 2022, pursuant to Proposition 218 Guidelines, for consideration to form Sewer Utility District Area 457; and

2. Approve the Engineer's Report for Sewer Utility Area 457.

ATTACHMENTS: 1. Draft Resolution - Intent to Form a Sewer Utility District

2. Engineer's Report

3. Exhibit A - 457 Cost Spreadsheet

4. Exhibit B - Locator Map Area 457

5. Draft Resolution - Accepting the Engineer's Report
Item No. 15.

Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 2 ends

RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PORTERVILLE APPROVING

THE INTENT TO FORM AN
ISLAND ANNEXATION AREA 457

SEWER UTILITY DISTRICT, LEVYING THE ASSESSMENT
WHEREAS: Island Annexation Area 457, were large areas annexed into the city in 2015; and
WHEREAS: the parcels in these area’s utilize individual septic tanks that are failing; and WHEREAS: the City Council of the City of Porterville unanimously approved the design of the Island Annexation Area 457 Project contingent upon the establishment of the Island Annexation Area 457 Sewer Utility District; and
WHEREAS: in accordance with California Streets and Highways Code Section 10000 et seq. and other applicable laws, the property owners were provided with Notice of the Public Hearing and assessment ballot proceeding; and
WHEREAS: it is the intent of the City Council to hold a Public Hearing to receive comment from the public, accept and tabulate ballots; and WHEREAS: the property owners within the proposed District will be given the opportunity to cast ballots at the end of the Public Hearing to be held on August 16, 2022, and approve the imposition of the assessment and the formation of the District; NOW, THEREFORE, BE IT RESOLVED: That it is the intention of the City Council of the City of Porterville to:

1. Approve the formation of the Island Annexation Area 457 Sewer Utility District establishing an assessment to pay for the installation of new sewer mains and laterals. A diagram of the District setting forth the boundaries and parcels located within the District is attached hereto as Exhibit ‘A’;

2. Authorize the levying of the assessment as set forth in Exhibit ‘B’;

3. Authorize the City to permit property owners to pay the total one-time assessment on a bi-yearly basis through property taxes over a period of 30 years, with 3% interest. This cost shall be as set forth in Exhibit ‘B’.

PASSED, APPROVED and ADOPTED this 19th day of July, 2022.

Resolution No. __-2022

Page 2 of 2 ends

____________________________________
Martha A. Flores, Mayor
ATTEST:

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

457
$1,977,283
1 2 3 4 5 6 7 8 9 10 11 12 13
Property
No. Property Address Owner Last Owner First Assessor Parcel No.

Lot Area
(SF)
Number of
Laterals
Lot Area
(AC)
Acreage
Fee/Acre Acreage Fee
Sewer Lateral
Cost
Construction
Management
Cost
Total Connection
Fees
Plumbing
Permit (Not
Assessed)
1 1119 S WISCONSIN ST CERTUCHE DANIEL 268‐100‐002 97138.8 1 2.23 24,141.74 $ $ 53,836.08 $ 3,687.78 $ 1,590.73 $ 59,114.59 $ 80.00 2 1109 S WISCONSIN ST ALVARADO RUBEN & FABIOLA PALOMARES 268‐100‐003 47480.4 1 1.09 24,141.74 $ $ 26,314.50 $ 3,687.78 $ 1,590.73 $ 31,593.01 $ 80.00 3 1095 S WISCONSIN ST REGALADO BERTHA 268‐090‐002 46173.6 1 1.06 24,141.74 $ $ 25,590.24 $ 3,687.78 $ 1,590.73 $ 30,868.75 $ 80.00 4 *NO SITE ADDRESS LOYA MARCOS & MARTHA 268‐090‐001 18295.2 1 0.42 24,141.74 $ $ 10,139.53 $ 3,687.78 $ 1,590.73 $ 15,418.04 $ 80.00 5 1085 S WISCONSIN ST LOYA MARCOS & MARTHA 268‐090‐003 29185.2 1 0.67 24,141.74 $ $ 16,174.97 $ 3,687.78 $ 1,590.73 $ 21,453.48 $ 80.00 6 1075 S WISCONSIN ST WILLAMS PATROCINIO & GLENDA KELLERHALLS 268‐090‐004 47044.8 1 1.08 24,141.74 $ $ 26,073.08 $ 3,687.78 $ 1,590.73 $ 31,351.59 $ 80.00 7 1047 S WISCONSIN ST TUCKER LAURA 268‐090‐005 45302.4 1 1.04 24,141.74 $ $ 25,107.41 $ 3,687.78 $ 1,590.73 $ 30,385.92 $ 80.00 8 1037 S WISCONSIN ST MONTES BENJAMIN & ALTAGRACIA LOPEZ 268‐090‐010 14810.4 1 0.34 24,141.74 $ $ 8,208.19 $ 3,687.78 $ 1,590.73 $ 13,486.70 $ 80.00 9 1023 S WISCONSIN ST RIVERA LEOPOLDO 268‐090‐011 74052 1 1.7 24,141.74 $ $ 41,040.96 $ 3,687.78 $ 1,590.73 $ 46,319.47 $ 80.00 10 1013 S WISCONSIN ST CASTRO‐MOLINA GILBERTO 268‐090‐007 43124.4 1 0.99 24,141.74 $ $ 23,900.32 $ 3,687.78 $ 1,590.73 $ 29,178.83 $ 80.00 11 1099 S INDIANA ST DENNIS ALMA 268‐090‐012 80586 2 1.85 24,141.74 $ $ 44,662.22 $ 9,895.60 $ 1,590.73 $ 56,148.55 $ 80.00 12 1003 S WISCONSIN ST ESCOBAR ALFONSO C & SILVIA H 268‐080‐026 52272 1 1.2 24,141.74 $ $ 28,970.09 $ 3,687.78 $ 1,590.73 $ 34,248.60 $ 80.00 13 969 S WISCONSIN ST MENDOZA GUILLERMINA R 268‐080‐027 13068 1 0.3 24,141.74 $ $ 7,242.52 $ 3,687.78 $ 1,590.73 $ 12,521.03 $ 80.00 14 971 S WISCONSIN ST LOPEZ DELFINA 268‐080‐018 12632.4 1 0.29 24,141.74 $ $ 7,001.10 $ 3,687.78 $ 1,590.73 $ 12,279.61 $ 80.00 15 965 S WISCONSIN ST MENDOZA GUILLERMINA R 268‐080‐019 23522.4 1 0.54 24,141.74 $ $ 13,036.54 $ 3,687.78 $ 1,590.73 $ 18,315.05 $ 80.00 16 955 S WISCONSIN ST ZEPEDA ROSARIO 268‐080‐030 47044.8 1 1.08 24,141.74 $ $ 26,073.08 $ 3,687.78 $ 1,590.73 $ 31,351.59 $ 80.00 17 937 S WISCONSIN ST DE JESUS OSCAR 268‐080‐024 38768.4 1 0.89 24,141.74 $ $ 21,486.15 $ 3,687.78 $ 1,590.73 $ 26,764.66 $ 80.00 18 927 S WISCONSIN ST HERNANDEZ MARTHA OFELIA 268‐080‐003 4356 1 0.1 24,141.74 $ $ 2,414.17 $ 3,687.78 $ 1,590.73 $ 7,692.68 $ 80.00 19 905 S WISCONSIN ST CISNEROS FEDERICO RAMOS 268‐080‐029 41382 1 0.95 24,141.74 $ $ 22,934.65 $ 3,687.78 $ 1,590.73 $ 28,213.16 $ 80.00 20 984 S WISCONSIN ST JONES DONALD W & INA L 268‐080‐010 35719.2 1 0.82 24,141.74 $ $ 19,796.23 $ 3,687.78 $ 1,590.73 $ 25,074.74 $ 80.00 21 976 S WISCONSIN ST UNDERWOOD THELMA 268‐080‐011 36590.4 1 0.84 24,141.74 $ $ 20,279.06 $ 3,687.78 $ 1,590.73 $ 25,557.57 $ 80.00 22 950 S WISCONSIN ST DE RAMOS ANTONIO ESPINOZA & MARIA 268‐080‐031 27007.2 1 0.62 24,141.74 $ $ 14,967.88 $ 3,687.78 $ 1,590.73 $ 20,246.39 $ 80.00 23 926 S WISCONSIN ST TAPIA FRANCISCO 268‐080‐004 20473.2 1 0.47 24,141.74 $ $ 11,346.62 $ 3,687.78 $ 1,590.73 $ 16,625.13 $ 80.00 24 914 S WISCONSIN ST HERRERA FLORA & MARIA 268‐080‐021 12632.4 1 0.29 24,141.74 $ $ 7,001.10 $ 3,687.78 $ 1,590.73 $ 12,279.61 $ 80.00 25 906 S WISCONSIN ST DAY NOBLE L SR 268‐080‐020 12632.4 1 0.29 24,141.74 $ $ 7,001.10 $ 3,687.78 $ 1,590.73 $ 12,279.61 $ 80.00 26 997 S INDIANA ST ANGELA DENNIS & ERIC DENNIS SPECIAL NEEDS TRUST 268‐080‐009 38768.4 1 0.89 24,141.74 $ $ 21,486.15 $ 4,947.80 $ 1,590.73 $ 28,024.68 $ 80.00 27 937 S INDIANA ST SIERRA ASUNCION R & JULIA RAMOS 268‐080‐006 53578.8 1 1.23 24,141.74 $ $ 29,694.34 $ 4,104.16 $ 1,590.73 $ 35,389.23 $ 80.00 28 911 S INDIANA ST LIRA MARIA FLORA IBARRA 268‐080‐016 50529.6 1 1.16 24,141.74 $ $ 28,004.42 $ 3,687.78 $ 1,590.73 $ 33,282.93 $ 80.00 29 895 S WISCONSIN ST MONTES EFRAIN & MARIBEL MORALES 268‐070‐010 36590.4 1 0.84 24,141.74 $ $ 20,279.06 $ 3,687.78 $ 1,590.73 $ 25,557.57 $ 80.00 30 875 S WISCONSIN ST LOWE KELLE J 268‐070‐002 14374.8 1 0.33 24,141.74 $ $ 7,966.77 $ 3,687.78 $ 1,590.73 $ 13,245.28 $ 80.00 31 867 S WISCONSIN ST BOYDSTUN ROGER DALE 268‐070‐003 8276.4 1 0.19 24,141.74 $ $ 4,586.93 $ 3,687.78 $ 1,590.73 $ 9,865.44 $ 80.00 32 865 S WISCONSIN ST SPICER EDWARD & ROXANNE 268‐070‐009 7840.8 1 0.18 24,141.74 $ $ 4,345.51 $ 3,687.78 $ 1,590.73 $ 9,624.02 $ 80.00 33 884 S WISCONSIN ST FRANCA FLORENCIO & ROSA FRANCO 268‐070‐008 36154.8 1 0.83 24,141.74 $ $ 20,037.64 $ 3,687.78 $ 1,590.73 $ 25,316.15 $ 80.00 34 886 S WISCONSIN ST GUZMAN FELIPE DE JESUS JR 268‐070‐004 20908.8 1 0.48 24,141.74 $ $ 11,588.04 $ 3,687.78 $ 1,590.73 $ 16,866.55 $ 80.00 35 897 S INDIANA ST AYON ALBA OBDULIA NUNEZ 268‐070‐007 39204 1 0.9 24,141.74 $ $ 21,727.57 $ 3,687.78 $ 1,590.73 $ 27,006.08 $ 80.00 36 869 S INDIANA ST CAMACHO MAXIMO R 268‐070‐006 84506.4 1 1.94 24,141.74 $ $ 46,834.98 $ 3,687.78 $ 1,590.73 $ 52,113.49 $ 80.00 37 815 S INDIANA ST WAGON WEST MOBILE HOME COMMUNITY INC 268‐070‐005 140263.2 1 3.22 24,141.74 $ $ 77,736.40 $ 3,687.78 $ 1,590.73 $ 83,014.91 $ 80.00 38 765 W POPLAR AVE RESENDIZ RAFAEL & LORENA SANZHEZ 269‐021‐003 23086.8 1 0.53 24,141.74 $ $ 12,795.12 $ 3,687.78 $ 1,590.73 $ 18,073.63 $ 80.00 39 *NO SITE ADDRESS GUDINO ANGELITA & ARMANDO 269‐021‐002 31798.8 1 0.73 24,141.74 $ $ 17,623.47 $ 3,687.78 $ 1,590.73 $ 22,901.98 $ 80.00 40 852 S INDIANA ST MARTINEZ GUSTAVO & SARA 269‐021‐001 31798.8 1 0.73 24,141.74 $ $ 17,623.47 $ 3,687.78 $ 1,590.73 $ 22,901.98 $ 80.00 41 786 W MONTGOMERY AVE VALENCIA JOSE & VERONICA AVENDANO 269‐021‐023 7405.2 1 0.17 24,141.74 $ $ 4,104.10 $ 3,687.78 $ 1,590.73 $ 9,382.61 $ 80.00 42 770 W MONTGOMERY AVE DORAN DENIS L & MARCIA 269‐021‐022 9583.2 1 0.22 24,141.74 $ $ 5,311.18 $ 3,687.78 $ 1,590.73 $ 10,589.69 $ 80.00 Annexation Area:

Construction Bid
43 754 W MONTGOMERY AVE HULSE JIM & PAM 269‐021‐021 9147.6 1 0.21 24,141.74 $ $ 5,069.77 $ 3,687.78 $ 1,590.73 $ 10,348.28 $ 80.00 44 740 W MONTGOMERY AVE ANDERSON BILLIE & ROTHA 269‐021‐020 9147.6 1 0.21 24,141.74 $ $ 5,069.77 $ 3,687.78 $ 1,590.73 $ 10,348.28 $ 80.00 45 726 W MONTGOMERY AVE IBARRA JORGE & LUCIA PEREZ 269‐021‐019 9147.6 1 0.21 24,141.74 $ $ 5,069.77 $ 3,687.78 $ 1,590.73 $ 10,348.28 $ 80.00 46 718 W MONTGOMERY AVE ZAVALA ROBERT & MARIA 269‐021‐018 6969.6 1 0.16 24,141.74 $ $ 3,862.68 $ 3,687.78 $ 1,590.73 $ 9,141.19 $ 80.00 47 710 W MONTGOMERY AVE AYALA MANUEL & IRMA 269‐021‐017 11761.2 1 0.27 24,141.74 $ $ 6,518.27 $ 3,687.78 $ 1,590.73 $ 11,796.78 $ 80.00 48 *NO SITE ADDRESS SHAFER JENNIFER ANN 269‐021‐016 6969.6 1 0.16 24,141.74 $ $ 3,862.68 $ 3,687.78 $ 1,590.73 $ 9,141.19 $ 80.00 49 890 S OHIO ST RAMIREZ DAVID & MARIA S 269‐021‐015 8712 1 0.2 24,141.74 $ $ 4,828.35 $ 3,687.78 $ 1,590.73 $ 10,106.86 $ 80.00 50 717 W MONTGOMERY AVE BAEZA JR JESUS 269‐024‐006 8712 1 0.2 24,141.74 $ $ 4,828.35 $ 3,687.78 $ 1,590.73 $ 10,106.86 $ 80.00 51 735 W MONTGOMERY AVE GURROLA HUMBERTO 269‐024‐005 8712 1 0.2 24,141.74 $ $ 4,828.35 $ 3,687.78 $ 1,590.73 $ 10,106.86 $ 80.00 52 749 W MONTGOMERY AVE ROBLES ELEASAR 269‐024‐004 8712 1 0.2 24,141.74 $ $ 4,828.35 $ 3,687.78 $ 1,590.73 $ 10,106.86 $ 80.00 53 759 W MONTGOMERY AVE TELLER JOSEPH B & ROSALINDA 269‐024‐003 8712 1 0.2 24,141.74 $ $ 4,828.35 $ 3,687.78 $ 1,590.73 $ 10,106.86 $ 80.00 54 773 W MONTGOMERY AVE TERAN FRANCISCO H & SILVIA 269‐024‐002 8276.4 1 0.19 24,141.74 $ $ 4,586.93 $ 3,687.78 $ 1,590.73 $ 9,865.44 $ 80.00 55 755 W POPLAR AVE MCCOOL JERRY LEE III 269‐021‐004 62726.4 1 1.44 24,141.74 $ $ 34,764.11 $ 3,687.78 $ 1,590.73 $ 40,042.62 $ 80.00 56 713 W POPLAR AVE MCCOOL JERRY LEE III & TAMMY LYNN 269‐021‐027 13939.2 1 0.32 24,141.74 $ $ 7,725.36 $ 1,429.26 $ 1,590.73 $ 10,745.35 $ 80.00 57 713 W POPLAR AVE MCCOOL JERRY LEE III & TAMMY LYNN 269‐021‐028 13503.6 1 0.31 24,141.74 $ $ 7,483.94 $ 1,429.26 $ 1,590.73 $ 10,503.93 $ 80.00 58 713 W POPLAR AVE #C MCCOOL JERRY LEE III & TAMMY LYNN 269‐021‐029 14374.8 1 0.33 24,141.74 $ $ 7,966.77 $ 1,429.26 $ 1,590.73 $ 10,986.76 $ 80.00 59 711 W POPLAR AVE CH‐SEQUOIA BAPTIST ASSOCIATION OF CALIFORNIA 269‐021‐006 20037.6 1 0.46 24,141.74 $ $ 11,105.20 $ 3,687.78 $ 1,590.73 $ 16,383.71 $ 80.00 60 711 W POPLAR AVE CH‐SEQUOIA BAPTIST ASSOCIATION OF CALIFORNIA 269‐021‐009 20037.6 1 0.46 24,141.74 $ $ 11,105.20 $ 3,687.78 $ 1,590.73 $ 16,383.71 $ 80.00 61 813 S COTTAGE ST SMITH DOUGLAS & YRENE 269‐021‐007 14374.8 1 0.33 24,141.74 $ $ 7,966.77 $ 3,687.78 $ 1,590.73 $ 13,245.28 $ 80.00 62 829 S COTTAGE ST DRIVER DAVID & DIANA RICO 269‐021‐008 15681.6 1 0.36 24,141.74 $ $ 8,691.03 $ 3,687.78 $ 1,590.73 $ 13,969.54 $ 80.00 63 843 S COTTAGE ST HARRIS LOVINE 269‐021‐010 15681.6 1 0.36 24,141.74 $ $ 8,691.03 $ 3,687.78 $ 1,590.73 $ 13,969.54 $ 80.00 64 859 S COTTAGE ST BYARS THOMAS E & LINDA J 269‐021‐030 12632.4 1 0.29 24,141.74 $ $ 7,001.10 $ 3,687.78 $ 1,590.73 $ 12,279.61 $ 80.00 65 873 S COTTAGE ST SWEENEY DONALD D & PATRICIA D 269‐021‐031 9583.2 1 0.22 24,141.74 $ $ 5,311.18 $ 3,687.78 $ 1,590.73 $ 10,589.69 $ 80.00 66 881 S COTTAGE ST SHAFER JENNIFER ANN 269‐021‐013 9147.6 1 0.21 24,141.74 $ $ 5,069.77 $ 3,687.78 $ 1,590.73 $ 10,348.28 $ 80.00 67 885 S COTTAGE ST MACIEL JUAN & MARIA T 269‐021‐025 9147.6 1 0.21 24,141.74 $ $ 5,069.77 $ 3,687.78 $ 1,590.73 $ 10,348.28 $ 80.00 68 895 S COTTAGE ST CLINE ALLEN L 269‐021‐026 9583.2 1 0.22 24,141.74 $ $ 5,311.18 $ 3,687.78 $ 1,590.73 $ 10,589.69 $ 80.00 69 892 S COTTAGE ST GONZALEZ RIGOBERTO L 269‐022‐010 9147.6 1 0.21 24,141.74 $ $ 5,069.77 $ 3,687.78 $ 1,590.73 $ 10,348.28 $ 80.00 70 886 S COTTAGE ST JOHNSON SHARON 269‐022‐011 18295.2 1 0.42 24,141.74 $ $ 10,139.53 $ 3,687.78 $ 1,590.73 $ 15,418.04 $ 80.00 71 872 S COTTAGE ST TULARE COUNTY PROPERTY LLC 269‐022‐012 9147.6 1 0.21 24,141.74 $ $ 5,069.77 $ 3,687.78 $ 1,590.73 $ 10,348.28 $ 80.00 72 870 S COTTAGE ST TULARE COUNTY PROPERTY LLC 269‐022‐013 8712 1 0.2 24,141.74 $ $ 4,828.35 $ 3,687.78 $ 1,590.73 $ 10,106.86 $ 80.00 73 846 S COTTAGE ST TULARE COUNTY PROPERTY LLC 269‐022‐001 17424 1 0.4 24,141.74 $ $ 9,656.70 $ 3,687.78 $ 1,590.73 $ 14,935.21 $ 80.00 74 815 S CHESS TERRACE ST COX DARRELL & LUPE 269‐022‐003 10890 1 0.25 24,141.74 $ $ 6,035.44 $ 3,687.78 $ 1,590.73 $ 11,313.95 $ 80.00 75 825 S CHESS TERRACE ST MALACARA VICTOR & MARINA 269‐022‐004 10890 1 0.25 24,141.74 $ $ 6,035.44 $ 3,687.78 $ 1,590.73 $ 11,313.95 $ 80.00 76 835 S CHESS TERRACE ST HERNANDEZ EMMA & DAVID 269‐022‐005 10890 1 0.25 24,141.74 $ $ 6,035.44 $ 3,687.78 $ 1,590.73 $ 11,313.95 $ 80.00 77 847 S CHESS TERRACE ST ALCANTAR ANA M 269‐022‐006 10890 1 0.25 24,141.74 $ $ 6,035.44 $ 3,687.78 $ 1,590.73 $ 11,313.95 $ 80.00 78 865 S CHESS TERRACE ST LEDESMA MARIA & GUADALUPE 269‐022‐007 21780 1 0.5 24,141.74 $ $ 12,070.87 $ 3,687.78 $ 1,590.73 $ 17,349.38 $ 80.00 79 885 S CHESS TERRACE ST MACIEL JULIO 269‐022‐008 12196.8 1 0.28 24,141.74 $ $ 6,759.69 $ 3,687.78 $ 1,590.73 $ 12,038.20 $ 80.00 80 897 S CHESS TERRACE ST PINEDA NOEMI 269‐022‐009 12196.8 1 0.28 24,141.74 $ $ 6,759.69 $ 3,687.78 $ 1,590.73 $ 12,038.20 $ 80.00 81 898 S CHESS TERRACE ST CHRISTINE MARIE CHARLIE (TR)(FAM TR 269‐023‐008 15246 1 0.35 24,141.74 $ $ 8,449.61 $ 3,687.78 $ 1,590.73 $ 13,728.12 $ 80.00 82 886 S CHESS TERRACE ST ANDRADE LAURA ELENA MEZA 269‐023‐007 11325.6 1 0.26 24,141.74 $ $ 6,276.85 $ 3,687.78 $ 1,590.73 $ 11,555.36 $ 80.00 83 874 S CHESS TERRACE ST AYALA MARIA G & JAIME 269‐023‐006 10890 1 0.25 24,141.74 $ $ 6,035.44 $ 3,687.78 $ 1,590.73 $ 11,313.95 $ 80.00 84 860 S CHESS TERRACE ST EMERSON MARYLLS 269‐023‐005 10890 1 0.25 24,141.74 $ $ 6,035.44 $ 3,687.78 $ 1,590.73 $ 11,313.95 $ 80.00 85 848 S CHESS TERRACE ST PHAKOUSONH PHAENGTA 269‐023‐012 10018.8 1 0.23 24,141.74 $ $ 5,552.60 $ 3,687.78 $ 1,590.73 $ 10,831.11 $ 80.00 86 838 S CHESS TERRACE ST CORONA PEDRO M & CRISPINA 269‐023‐011 11325.6 1 0.26 24,141.74 $ $ 6,276.85 $ 3,687.78 $ 1,590.73 $ 11,555.36 $ 80.00 87 826 S CHESS TERRACE ST FELIX ADELITA 269‐023‐002 9583.2 1 0.22 24,141.74 $ $ 5,311.18 $ 3,687.78 $ 1,590.73 $ 10,589.69 $ 80.00 88 814 S CHESS TERRACE ST LALANNE CAROLYN & STACY 269‐023‐001 12196.8 1 0.28 24,141.74 $ $ 6,759.69 $ 3,687.78 $ 1,590.73 $ 12,038.20 $ 80.00 89 914 S INDIANA ST HEARNE ALBERT L & BERTHA 269‐010‐002 84942 1 1.95 24,141.74 $ $ 47,076.39 $ 3,687.78 $ 1,590.73 $ 52,354.90 $ 80.00 90 955 S OHIO ST MORON JUAN & ALFONSO PARENTE 269‐010‐027 69696 2 1.6 24,141.74 $ $ 38,626.78 $ 7,375.56 $ 1,590.73 $ 47,593.07 $ 80.00 91 956 S INDIANA ST IBARRA SALVADOR 269‐010‐022 54014.4 1 1.24 24,141.74 $ $ 29,935.76 $ 4,287.78 $ 1,590.73 $ 35,814.27 $ 80.00 92 998 S INDIANA ST HERRERA BRIAN 269‐010‐024 47480.4 1 1.09 24,141.74 $ $ 26,314.50 $ 3,687.78 $ 1,590.73 $ 31,593.01 $ 80.00 93 985 S OHIO ST HIGGINS MICHAEL D 269‐010‐025 18295.2 1 0.42 24,141.74 $ $ 10,139.53 $ 3,687.78 $ 1,590.73 $ 15,418.04 $ 80.00 94 998 S OHIO ST TOLEDO ANTONIO 269‐010‐026 18295.2 1 0.42 24,141.74 $ $ 10,139.53 $ 3,687.78 $ 1,590.73 $ 15,418.04 $ 80.00 95 950 S OHIO ST BELTRAN JAYRI 269‐010‐028 43560 1 1 24,141.74 $ $ 24,141.74 $ 3,687.78 $ 1,590.73 $ 29,420.25 $ 80.00 96 901 S COTTAGE ST ESQUIVEL JEREMY & ROSA 269‐010‐003 9147.6 1 0.21 24,141.74 $ $ 5,069.77 $ 3,687.78 $ 1,590.73 $ 10,348.28 $ 80.00 97 919 S COTTAGE ST ARROYO ROBERTO GONZALEZ 269‐010‐004 10018.8 1 0.23 24,141.74 $ $ 5,552.60 $ 3,687.78 $ 1,590.73 $ 10,831.11 $ 80.00 98 921 S COTTAGE ST SHRY JOHN & SUSAN A 269‐010‐005 10018.8 1 0.23 24,141.74 $ $ 5,552.60 $ 3,687.78 $ 1,590.73 $ 10,831.11 $ 80.00 99 923 S COTTAGE ST HARRIS GARY W & LOVINE 269‐010‐019 71438.4 1 1.64 24,141.74 $ $ 39,592.45 $ 3,687.78 $ 1,590.73 $ 44,870.96 $ 80.00 100 908 S COTTAGE ST JUAN AYALA & THE JUAN C ROBLES AYALA LIVING TRUST 269‐010‐006 9147.6 1 0.21 24,141.74 $ $ 5,069.77 $ 3,687.78 $ 1,590.73 $ 10,348.28 $ 80.00 101 916 S COTTAGE ST LEDESMA CESAR 269‐010‐031 91911.6 1 2.11 24,141.74 $ $ 50,939.07 $ 3,687.78 $ 1,590.73 $ 56,217.58 $ 80.00 102 911 S CHESS TERRACE ST CERVANTES ALFONSO JR & MARIA E 269‐010‐007 8276.4 1 0.19 24,141.74 $ $ 4,586.93 $ 3,687.78 $ 1,590.73 $ 9,865.44 $ 80.00 103 919 S CHESS TERRACE ST TORRES VICTOR CEBALLOS & ROSA 269‐010‐008 7840.8 1 0.18 24,141.74 $ $ 4,345.51 $ 3,687.78 $ 1,590.73 $ 9,624.02 $ 80.00 104 927 S CHESS TERRACE ST JCH FAMILY LIMITED PARTNERSHIP 269‐010‐009 8276.4 1 0.19 24,141.74 $ $ 4,586.93 $ 3,687.78 $ 1,590.73 $ 9,865.44 $ 80.00 105 945 S CHESS TERRACE ST HARRIS GARY W & LOVINE 269‐010‐017 26136 1 0.6 24,141.74 $ $ 14,485.04 $ 3,687.78 $ 1,590.73 $ 19,763.55 $ 80.00 106 977 S CHESS TERRACE ST BAEZA ARMANDO & LETICIA 269‐010‐016 26571.6 1 0.61 24,141.74 $ $ 14,726.46 $ 3,687.78 $ 1,590.73 $ 20,004.97 $ 80.00 107 910 S CHESS TERRACE ST RIVERA DAVID & FABIOLA 269‐010‐010 8712 1 0.2 24,141.74 $ $ 4,828.35 $ 3,687.78 $ 1,590.73 $ 10,106.86 $ 80.00 108 920 S CHESS TERRACE ST VALLES ROMAN C 269‐010‐011 8276.4 1 0.19 24,141.74 $ $ 4,586.93 $ 3,687.78 $ 1,590.73 $ 9,865.44 $ 80.00 109 930 S CHESS TERRACE ST OROSCO EDDIE A & MARIA A 269‐010‐012 9583.2 1 0.22 24,141.74 $ $ 5,311.18 $ 3,687.78 $ 1,590.73 $ 10,589.69 $ 80.00 110 946 S CHESS TERRACE ST SANCHEZ JUAN M & DOLORES 269‐010‐013 12196.8 1 0.28 24,141.74 $ $ 6,759.69 $ 3,687.78 $ 1,590.73 $ 12,038.20 $ 80.00 111 958 S CHESS TERRACE ST SANDHU RAJPAL K 269‐010‐014 12196.8 1 0.28 24,141.74 $ $ 6,759.69 $ 3,687.78 $ 1,590.73 $ 12,038.20 $ 80.00 112 968 S CHESS TERRACE ST ELIZALDI RICHARD V & LUCITA 269‐010‐015 24393.6 1 0.56 24,141.74 $ $ 13,519.37 $ 3,687.78 $ 1,590.73 $ 18,797.88 $ 80.00

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
Exhibit B

Page 1 of 1 ends

RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PORTERVILLE ACCEPTING
THE ENGINEER’S REPORT FOR
ISLAND ANNEXATION AREA 457
WHEREAS: Island Annexation Area 457 was annexed in 2015; and WHEREAS: the parcels in this area utilize individual septic tanks that are failing; and WHEREAS: an Engineer’s Report has been prepared by direction of the City Council of the City of Porterville (attached); and
WHEREAS: the report states that the new sewer system will have a positive effect upon all parcels within the proposed boundary and provide a reliable, consistent and safe method of sewage disposal; and
WHEREAS: the report states construction costs will initially be provided by a loan from re-financed Certificate of Participation Bond Sewer funds, and establishes repayment of the loan by property owners through a Sewer Utility District; and WHEREAS: property identifications and the proposed assessment Boundary Maps are referenced in the report.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville accepts the Engineer’s Report for the Island Annexation Area 457 sewer project.

PASSED, APPROVED AND ADOPTED this 19th day of July, 2022. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 16.

CITY COUNCIL AGENDA – JULY 19, 2022
SUBJECT: Sewer Utility Districts Annual Assessments Fiscal Year 2022-2023 SOURCE: Engineering and Project Management
COMMENT: At its meetings on April 16, 2013, October 15, 2013, February 3, 2016, and September 4, 2018, the City Council conducted Public Hearings for the formal formation of the Sewer Utility Districts for Areas 458, 455 A, 459 A & C, and 456 A, B & C and E. Henderson Avenue respectively. These four districts were completed by the City and Resolutions were approved to send the annual assessments to the Tulare County Auditor-Controller/Treasurer-Tax Collector office for repayment to the City.

The assessments, once approved by the Council, are placed upon the tax bill benefiting property owners as a special assessment, and collected by Tulare County. The assessment process must be fully filed with Tulare County by August 10, 2022, for the 2022-2023 tax year. Tulare County requires annual Resolutions from the Council in order to accept the annual assessments.

Assessments are based on the final construction costs, sewer laterals and construction management.

Area 455 A Sewer Utility Districts Assessment includes 216 parcels at a total assessed cost of $42,530.40. This upcoming fiscal year is also the ninth year of the 30-year Assessment period.

Areas 456 A, B, & C and E. Henderson Avenue Assessment includes 199 parcels at a total assessed amount of $62,658.84. This is the third year of the 30-year Assessment period.

Area 458 Sewer Utility District Assessment includes 382 parcels at a total assessed amount of $82,861.48. The upcoming fiscal year will be the ninth of the 30-year Assessment period.

Areas 459 A & C Sewer Utility Districts Assessment includes 319 parcels at a total assessed amount of $56,620.12. This is the seventh year of the 30-year Assessment period.

The Districts were formed to allow property owners to reimburse the City over thirty (30) years at three percent (3%) interest. The total amounts received from prior year assessments as well as voluntary pre-payments are as follows:

Item No. 16.

Fiscal Year
Assessments
Assessment
Revenue
Voluntary PrePaymentsCurrent
Delinquencies
2014/2015 $126,276.45 $130,032.42 $0.00
2015/2016 $126,603.98 $69,048.43 $0.00
2016/2017 $185,089.50 $15,259.88 $444.82
2017/2018 $183,407.75 $21,973.81 $1,047.45
2018/2019 $181,755.81 $4,003.33 $1,467.93
2019/2020 $181,591.94 $69,932.20 $1,171.44
2020/2021 $241,837.74 $20,315.12 $3,897.92
2021/2022 $232,335.24 $6,431.26 $12,894.64
Totals: $1,458,898.41 $336,996.45 $20,924.20
Staff is recommending that the City Council adopt the attached draft Resolutions approving the annual assessments for the 2022-2023 Fiscal Year.

RECOMMENDATION: That the City Council adopt the draft Resolutions ordering the continued sewer district assessments for the 2022-2023 tax year.

ATTACHMENTS: 1. Attachment A - Direct Charge Control

2. Attachment B - Authority to Approve Direct Charge

3. Attachment C - Compliance Certification

4. Area 455 Special Assessments Resolution 2022

5. Area 456 Special Assessments Resolution 2022

6. Area 458 Special Assessments Resolution 2022

7. Area 459 Special Assessments Resolution 2022

8. Locator Map - Area 455

9. Locator Maps - Area 456

10. Locator Map - Area 458

11. Locator Map - Area 459

12. 2022 Sewer Assessments
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
TULARE COUNTY AUDITOR-CONTROLLER Attachment A

DIRECT CHARGE (SPECIAL ASSESSMENT) CONTROL
DATE: ___________________________
TO: Tulare County Auditor-Controller
Property Tax Section
Courthouse, Room 101-E
Visalia, CA 93291
FROM: Agency ____________________________________________ Address ____________________________________________
City, State, Zip ______________________________________ Contact Person, Phone ________________________________
Hours Contact Person is available ________________________ E-mail (if available) ____________________________________ Check items included:
_____ 1. Resolution (s) stating compliance with code and that the charge is without regard to property valuation.
_____ 2. Change authorization sheet.
_____ 3. Parcel listing. (not required if submitting electronically) Fund/Charge Control
Tax Code Fund Name __ Parcel Count Amount________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
______ _ ________ ____________ _______________
Attach additional control sheets if necessary.

July 19, 2022
City of Porterville
291 N Main Street
Porterville, CA 93257
Daniel Cervantez, (559) 782-7462
M-F 8:00 am - 5:00 pm
[email protected]
x
x
52531 PTV455SEWER 216 $42,530.40
52531 PTV456SEWER 199 $62,658.84
52531 PTV458SEWER 382 $82,861.48
52531 PTV459SEWER 319 $56,620.12
Attachment B

TULARE COUNTY AUDITOR-CONTROLLER

AUTHORITY TO APPROVE DIRECT CHARGE (SPECIAL ASSESSMENT)

CHANGES
DISTRICT/AGENCY ________________________________________________ The following persons are authorized to approve changes to our Agency’s Special Assessment:

TYPED NAME_______________________ SAMPLE SIGNATURE_________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ Agency Official Date
_____________________________________
Title
City of Porterville
John D Lollis
Daniel Cervantez
7/19/2022
City Manager
Attachment C
Compliance Certification and Hold Harmless Statement
The City of Porterville certifies the following:

I have read and am familiar with the requirements of Article XIIIC and XIIID of the State Constitution as revised by Proposition 218, including the articles cited below, and believe that all of the taxes, assessments, levies and fees accompanying this submission to the County Auditor-Controller for inclusion on the secured property tax roll are in compliance with the law.

Article XIIIC. Sec. 2 c. “Any general tax imposed, extended, or increased, without voter approval, by any local government on or after January 1, 1995, and prior to the effective date of this article, shall continue to be imposed only if approved by a majority vote of the voters voting in an election on the issue of imposition, which election shall be held within two years of the effective date of this article and in compliance with subdivision b.”
Article XIIIC. Sec. 2 d. “No local government may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved.” Article XIIID. Sec. 5. “…this article shall become effective the day after the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article.”
Article XIIID. Sec. 6 d. “Beginning July 1, 1997, all fees or charges shall comply with this section.” In addition, the City/District agrees that it shall be solely liable and responsible, and will defend and hold the County harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City/District by the County; and
The City/District shall be solely liable and responsible, and will defend and hold the County and the County Auditor harmless from any and all legal fees or other costs incurred related to such a claim.

Approved by the governing Board on _____________________________________________________ Date
_____________________________________________ ____________________________ City Manager Date
July 19, 2022
7/29/2022

Page 1 of 1 ends

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CERTIFYING TO THE COUNTY OF TULARE THE VALIDITY OF THE LEGAL PROCESS

USED TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED

TAX ROLL
WHEREAS, the notices and election for special assessment fees for the purpose of sewer construction to be included on the regular County property tax bill for property owners of the Area 455 Sewer Utility District was completed on November 19, 2013; and WHEREAS, the City is placing the special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the monies collected are not in any way to be based on the assessed valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Tulare harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the list submitted with parcel numbers and amount are certified as being correct, the City Manager, John D. Lollis, or City Engineer, Daniel Cervantez, are hereby authorized to sign any documents required and directed to give the list to the Tulare County Auditor on behalf of the City for placement on the secured tax roll for collection:

1. Parcel and Assessment listing

2. Direct Charge (Special Assessment) Control Sheet

3. Direct Charge (Special Assessment) Change Authorization Sheet

4. Compliance Certification and Hold Harmless Statement PASSED, APPROVED AND ADOPTED, this 19h day of July, 2022. ____________________________________
ATTEST: Martha A. Flores, Mayor
John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk

Page 1 of 1 ends

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CERTIFYING TO THE COUNTY OF TULARE THE VALIDITY OF THE LEGAL PROCESS

USED TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED

TAX ROLL
WHEREAS, the notices and election for special assessment fees for the purpose of sewer construction to be included on the regular County property tax bill for property owners of the Area 456 A, B & C, and E Henderson Ave Sewer Utility District was completed on September 4, 2018; and
WHEREAS, the City is placing the special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the monies collected are not in any way to be based on the assessed valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Tulare harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the list submitted with parcel numbers and amount are certified as being correct, the City Manager, John D. Lollis, or City Engineer, Daniel Cervantez, are hereby authorized to sign any documents required and directed to give the list to the Tulare County Auditor on behalf of the City for placement on the secured tax roll for collection:

1. Parcel and Assessment listing

2. Direct Charge (Special Assessment) Control Sheet

3. Direct Charge (Special Assessment) Change Authorization Sheet

4. Compliance Certification and Hold Harmless Statement PASSED, APPROVED AND ADOPTED, this 19th day of July, 2022. ____________________________________
ATTEST: Martha A. Flores, Mayor
John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk

Page 1 of 1 ends

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CERTIFYING TO THE COUNTY OF TULARE THE VALIDITY OF THE LEGAL PROCESS

USED TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED

TAX ROLL
WHEREAS, the notices and election for special assessment fees for the purpose of sewer construction to be included on the regular County property tax bill for property owners of the Area 458 Sewer Utility District was completed on May 7, 2013; and WHEREAS, the City is placing the special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the monies collected are not in any way to be based on the assessed valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Tulare harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the list submitted with parcel numbers and amount are certified as being correct, the City Manager, John D. Lollis, or City Engineer, Daniel Cervantez, are hereby authorized to sign any documents required and directed to give the list to the Tulare County Auditor on behalf of the City for placement on the secured tax roll for collection:

1. Parcel and Assessment listing

2. Direct Charge (Special Assessment) Control Sheet

3. Direct Charge (Special Assessment) Change Authorization Sheet

Page 1 of 1 ends

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CERTIFYING TO THE COUNTY OF TULARE THE VALIDITY OF THE LEGAL PROCESS

USED TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED

TAX ROLL
WHEREAS, the notices and election for special assessment fees for the purpose of sewer construction to be included on the regular County property tax bill for property owners of the Area 459A & C Sewer Utility District was completed on February 17, 2015; and WHEREAS, the City is placing the special assessments on the Tulare County secured property tax roll for collection; and
WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments to be collected; and
WHEREAS, the monies collected are not in any way to be based on the assessed valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Tulare harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the list submitted with parcel numbers and amount are certified as being correct, the City Manager, John D. Lollis, or City Engineer, Daniel Cervantez, are hereby authorized to sign any documents required and directed to give the list to the Tulare County Auditor on behalf of the City for placement on the secured tax roll for collection:

1. Parcel and Assessment listing

2. Direct Charge (Special Assessment) Control Sheet

3. Direct Charge (Special Assessment) Change Authorization Sheet

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Prop # APN Yearly Amt Tax Code Acct Name
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Item No. 17.

CITY COUNCIL AGENDA – JULY 19, 2022
SUBJECT: Consideration of Retail Recruitment Service Agreement SOURCE: Community Development
COMMENT: At it meeting on December 2, 2008, the City Council authorized staff to negotiate and enter into a retail recruitment strategy and software solution with Buxton. Through a partnership with the Porterville Civic Foundation, Sierra View Medical Center and the City of Porterville, the City was able to contract with Buxton in January 2009, to complete a retail recruitment strategy. Staff have continued to work with Buxton and the Scout software platform since 2009. The information provided by Buxton has been instrumental in recruiting several retailers to Porterville.

In 2019, Buxton introduced the mobile insight data (Mobilytics), which includes geofencing the agreed upon boundary and capturing unique device IDs (mobile phones) observed within those boundaries over a recent 12-month period. This then creates a demographic profile of the visitors and provides a true trade area. Reports are generated with the same analytical information that retailers utilize to make site selection decisions. This contract expired June 30, 2022.

Buxton submitted a proposal for renewal of these services through June 30, 2023 for $35,000. The software and services available have continuously been upgraded as technology has evolved, utilizing cell phone data as well as providing new features that facilitate retail recruitment, such as sharable links and demographic insights that can allow for comparison between two locations or two businesses. Additionally, the data is now updated daily. The service provides a report that shows trends and volume of what other retailers the same customers visit and is also included in this upgrade to the software. Funding is available in the Community Development Department Budget.

RECOMMENDATION: That the City Council authorize staff to negotiate and sign a contract with Buxton for a retail recruitment and mobile visitor’s insights solution.

ATTACHMENTS: 1. Buxton Retail Recruitment Service Proposal Appropriated/Funded:

Review By:

Item No. 17.

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
Economic Development
Package

PREPARED FOR
Prepared by Lisa Hill | Expires 6302022

ORDER FORM
Porterville, CA
2651 South Polaris Drive | Fort Worth, TX 76137 | 18882BUXTON | www.buxtonco.com Fee Schedule
Contract Start Date: 06 / 13 / 2022 Contract End Date: 06 / 13 / 2023 Subscription QTY Number of
Years
Fee Per Year
Per Item
Subtotal
Economic Development Package (National)
National-level subscription to SCOUT with public
sector reporting package, Match, and Mobilytics.
1 1 $35,000.00 $35,000.00
Three 3 User Bundle
Included in your subscription.
1 1 $0.00 $0.00
Standard Support Package
Includes one live training session (up to 1 hour),
which will be recorded and available throughout the
duration of your Contract term; account set up;
access to our Support Team during normal business
hours 8 a.m. to 5 p.m. Central Time); access to live
chat; and access to our knowledge base and training
materials within the platform.
1 1 $0.00 $0.00
Total contract value: $35,000.00
Total fee per year: $35,000.00
The geography included in your subscription level: National *If this Order Form is executed and/or returned to Buxton Company by Client after the Contract Start Date above, Buxton Company may adjust the Contract Start Date and Contract End Date, without increasing the Total Fee, based on the date Buxton Company activates the products and provided that the total term length does not change. Fees shown above do not include any taxes that may apply. Any such taxes are the responsibility of Client. This is not an invoice. 2651 South Polaris Drive | Fort Worth, TX 76137 | 18882BUXTON | www.buxtonco.com Sign Here to Subscribe
Thank you again for the opportunity to present this Order Form. We look forward to working with you. I hereby acknowledge I have read this Order Form and understand and agree to the terms and conditions of Buxton’s Terms of Service located at this link, which shall be incorporated herein by reference. We suggest you print and retain a copy of these Terms of Service for your records.

Porterville, CA
Client Name Printed
Client Title
Primary Account Owner Name
Primary Account Owner Email Address
Invoice Recipient Name
Invoice Recipient Email Address
Invoice Recipient Phone Number
Billing Company Name
Billing Address
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Client Signature Buxton Signature
2651 South Polaris Drive | Fort Worth, TX 76137 | 18882BUXTON | www.buxtonco.com Payment Details
Preferred Method of Payment:

If sending a check, please make it payable to Buxton Company.

Address: 2651 South Polaris Drive, Fort Worth, TX 76137 If wiring, please follow the below instructions:

Bank Name: JPMorgan Chase
Bank Address: JPMorgan Chase New York, NY 10017
Bank Routing Number: 021000021
Account Name: Buxton Company
Account Number: 1886176625
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If ACH delivery, please follow the below instructions:

Bank Routing Number: 111000614
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Billing Method: Email
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Payment Terms: Payment due in net 10 days upon receipt of invoice.

Service will commence once payment is received.

Inquiries: Please send all billing inquiries to [email protected] or call us at 817 3323681.
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For assistance in selecting or completing the correct form, please contact us at the same email.

Technical Requirements
The Buxton Platform can be accessed at the following URL www.buxtonco.com.

The Buxton Platform is a web-based application accessible on any desktop, laptop, or mobile tablet device that has an Internet connection. When operating the platform, Buxton’s recommended hardware conguration is 4-core CPU and 8 GB RAM (or higher). Modern-day laptops or desktops purchased within the last 3 to 5 years will perform without issue. The recommended browser for accessing the Buxton Platform is the latest version of Chrome.

CITY COUNCIL AGENDA – JULY 19, 2022
SUBJECT: Cooperative Agreement with Porterville College for Use of the Police Firing Range
SOURCE: Police
COMMENT:

The Porterville Police Department's weapons range became operational in May 2011 for live fire training. Porterville College was under an agreement to utilize the range for its Reserve Police Officer training program; however, the agreement expired June 30, 2022. The Department and Porterville College would like to renew the agreement and make it effective for three years.

Porterville College has agreed to pay the sum of $600 annually to the City in compensation for facility usage, upkeep, and maintenance. This amount is based on monthly utilization. The agreement will be re-evaluated in three years for renewal; however, both the Department and Porterville College reserve the right to cancel the agreement with thirty (30) days advance written notice to the other party.

RECOMMENDATION: That the City Council:

1. Approve the Agreement for the period of July 1, 2022 through June 30, 2025; and

2. Authorize the Chief of Police to execute the agreement on behalf of the City of Porterville.

ATTACHMENTS: 1. Draft Agreement

2. Police Firing Range Rules and Regulations
Appropriated/Funded: MB
Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager

POLICE FIRING RANGE COOPERATIVE AGREEMENT
This Agreement is entered into as of July 1, 2022, between the CITY OF PORTERVILLE (“CITY”), and PORTERVILLE COLLEGE (“PC”), (each a “Party,” and collectively, the “Parties”), with reference to the following:

A. The Parties desire to allow the use of the CITY Police Firing Range (“Range”) by PC.

B. The Parties are willing to enter into this Agreement on the terms and conditions set forth below.

ACCORDINGLY, IT IS AGREED:

1. The term of this Agreement shall be for thirty-six (36) months, commencing on July 1, 2022, and ending on June 30, 2025.

2. PC use of the Range will vary depending on the range training necessary, as outlined by the Peace Officer Standards and Training (POST) guidelines, and as scheduled to accommodate the Police Reserve Academy dates.

3. The cost per this agreement term shall be equal to six hundred dollars ($600) annually.

4. The CITY shall furnish use of the Range to PC including restroom facilities, if available, and shall pay all taxes, insurance, maintenance fees, and all other costs required to provide use of the Range in accordance with this Agreement.

5. PC shall have the use of on-site firearms buildings located at the Range for training programs. Any available classroom facility may be used on a caseby-case basis, without additional charge, when arranged through the PPD Range Supervisor.

6. PPD and PC agree the Range shall be open and usable by members of the PC Police Academy at such times that are mutually agreeable to both parties. Exclusive use of the facilities by PC must be coordinated with, and scheduled by, the PPD Range Supervisor.

7. Prior to exclusive use of the Range, PC will submit their training agenda and course of fire to the PPD Range Supervisor as outlined in the Reserve Police Academy’s POST learning domain.

8. PC agrees that its members/cadets using the Range under this Agreement shall be governed by the range safety rules established by PPD. (Firearms Range Rules and Regulations attached.)

9. On their scheduled training days, the PC Range Master shall contact PPD Watch Commander at (559) 782-7400 upon their arrival and departure from the Range.

10.After use of the facility, PC agrees to ensure the Range is cleaned properly of all debris resulting from their use, including brass. Brass will be left in containers (containing only brass) at the Range for disposal by PPD.

11.Both the PPD and PC reserve the right to cancel this Agreement with thirty (30) days advance written notice to the other party.

12.The amount to be paid by PC, if monetary amount is agreed upon by both Parties, will be due and payable as follows: PC shall pay the amount as invoiced by the CITY on an annual basis of the agreed upon cost within thirty days of receiving said invoice(s).

13.Each party agrees to defend, hold harmless and indemnify the other party (and its officers, employees, trustees, agents, successors and assigns) against all claims, suits, expenses (including reasonable attorney's fees), losses, penalties, fines, costs and liability whether in contract, tort or strict liability (including, but not limited to, personal injury, death at any time and property damage) arising out of, or made necessary by, the indemnifying party's performance of this Agreement or breach of its terms.

14.Each party shall obtain, pay for and maintain in effect during the life of this Agreement the following policies of insurance issued by an insurance company rated not less than "A-,VI" in Best Insurance Rating Guide and admitted to transact insurance business in California: (1) commercial general liability insurance (including contractual, products and completed operations coverages, bodily injury and property damage liability insurance) with single combined limits of not less than $1,000,000 per occurrence; (2) workers' compensation insurance as required under state law. Each party's policy shall contain an endorsement naming the other party as an additional insured insofar as this Agreement is concerned, and provide that written notice shall be given to the other party at least 30 days prior to cancellation or material change in the form of the policy or reduction in coverage. a. Each party shall furnish the other party with a certificate of insurance containing the endorsements required under this section, and each party shall have the right to inspect the other party's original insurance policies upon request. Upon notification of receipt of a notice of cancellation, change or reduction in coverage, each party shall immediately file with the other party a certified copy of the required new or renewal policy and certificates for such policy.
b. Nothing in this section concerning minimum insurance requirements shall reduce a party's liabilities or obligations under the indemnification provisions of this Agreement.

15.Except as otherwise required by law, any notice to be given shall be in writing and shall be either personally delivered, sent by facsimile transmission, or sent by first-class mail, postage prepaid, and addressed as follows:

CITY:

City Clerk of the City of Porterville
291 N. Main Street
Porterville, CA 93257
Phone: 559-782-7447
Fax: 559-782-7452
PORTERVILLE COLLEGE:

Porterville College
100 E. College Avenue
Porterville, CA 93257
Phone: 559-791-2200
Fax: 559-784-4779
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission shall be deemed received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after mailing. Any Party may change the above address, phone number, or fax number by giving written notice pursuant to this paragraph.

16.No part of this Agreement may be assigned by any of the Parties without the prior written consent of the other Party.

17.Termination.
a. The right to terminate this Agreement under this provision may be exercised without prejudice to any other right or remedy to which the terminating Party may be entitled to by law or under this Agreement.
1) This Agreement may be terminated by any Party should another Party:
a) be adjudged bankrupt;
b) become insolvent or have a receiver appointed;
c) make a general assignment for the benefit of creditors; d) suffer any judgment which remains unsatisfied for 30 days and which would substantively impair the ability
of the judgment debtor to perform under this
Agreement; or
e) materially breach this Agreement.
2) For any occurrences except item (e), termination may be effected upon written notice by the terminating Party
specifying the date of termination.
3) Upon a material breach, the Agreement may be terminated following the failure of the defaulting Party to remedy the breach to the satisfaction of the non-defaulting Party(ies) within five (5) days of written notice specifying the breach. If the breach is not remedied within the five (5) day period, the non-defaulting Party may terminate the Agreement on further written notice specifying the date of termination.
4) If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting Party may submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting Party(ies) consents to that proposal in writing, which consent shall not be unreasonably withheld, the defaulting Party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting Party(ies) may terminate upon written notice specifying the date of termination. b. Effects of Termination. Termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports or pretermination contract activities.

18.This Agreement represents the entire Agreement between the Parties as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of all Parties.

19.This Agreement reflects the contributions of all Parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.

20.Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

21.The failure of any Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for the breach or any subsequent breach. The acceptance by any Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by any other Party.

22.This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, the Agreement may be terminated at the option of the affected Party.

23.Each Party agrees to execute any additional documents and to perform any further acts that may be reasonably required to effect the purposes of this Agreement.

24.It is expected that this agreement will continue into coming years. At the end of this agreement, the Chief of Police and the Dean of Career & Technical Education, or their designees, shall convene a meeting to discuss the agreement. If the agreement is continued, the Chief of Police shall provide the new cost (if applicable), and the new agreement will indicate the amount of funding each party shall be responsible for.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF PORTERVILLE:
____________________________________
Jake Castellow, Chief of Police Date
KERN COMMUNITY COLLEGE DISTRICT:
_____________________________________
Mike Giacomino, Chief Financial Officer Date

FIREARMS RANGE RULES AND

REGULATIONS
The following safety regulations are designed to ensure the safety of all personnel in this department, as well as any other department, using the firearms training facility. The rules will be posted in a conspicuous location and shall be strictly enforced. The Range Master is responsible for the safe operation of the facility and he/she may take appropriate and necessary action to safeguard all persons using the facility or to ensure public safety. Failure to obey any of these regulations may result in disciplinary action and/or being ordered to leave the firearms facility by the Range Master or designated firearms instructor. The Range Master will take immediate action to address rules violations and, at his/her discretion, depending on the seriousness of the violation, report the violation to the Training Unit Supervisor.

These rules apply to the Porterville Police Department personnel, as well as any other person or agency using the firearms range facility.

1. No personnel will enter the Range Master’s office without prior approval of the Range Master or firearms instructor.

2. Only authorized personnel will enter the storage area (seatrain).

3. No alcoholic beverages are permitted at the firearms training facility.

4. All firearms at the firearms training facility are subject to a safety inspection by the Range Master or firearms instructor at any time.

5. Only approved ammunition will be used at the firearms training facility. All ammunition is subject to inspection by the Range Master or firearms instructor at any time.

6. The loading and unloading of firearms will take place only in designated areas of the firearms facility.

7. All range activities will be coordinated through the Training Unit Supervisor or, if designated by the Training Unit Supervisor, the Range Master.

8. All injuries will be promptly reported to the Range Master or firearms instructor.

9. Shooting will only be at targets approved by the Range Master or firearms instructor.

10. When on the firing line, unholstered firearms shall be pointed downrange at all times.

11. Ear and eye protection are required at all times by all persons while on the range when any person is actively engaged in discharging a firearm.

12. During range qualification or firearms training, firing will only commence on the command of the Range Master or firearms instructor.

13. All firing will stop immediately if the Range Master or firearms instructor determines there is a safely issue. This will be done by yelling, “Cease fire!”

14. Firearms will not be left unattended, except unloaded firearms in designated areas.

15. Horseplay or unsafe handling of firearms will not be tolerated.

16. Persons not abiding by all of the above rules will leave the firearms training facility upon the request of the Range Master or firearms instructor.

Item No. 19.

CITY COUNCIL AGENDA – JULY 19, 2022
SUBJECT: Joint Funding Agreement with Porterville Unified School District and Burton School District for School Resource Officers
SOURCE: Police
COMMENT: The Porterville Police Department currently has four (4) Officers assigned as School Resource Officers. During school hours, these Officers respond to reports of criminal activity at all school sites within the City of Porterville. In addition, these Officers provide requested security for after-school functions throughout the school year, which is paid separately from the Joint Funding Agreement. Porterville Unified School District and Burton School District have shared in the funding of the four (4) School Resource Officers, and both school districts have agreed to renew the Joint Funding Agreement in which they share costs.

The estimated salary and benefit cost for a School Resource Officer during the term of the 2022-2023 school year is $110,000. Porterville Unified School District has agreed to pay 65% of the salary and benefits for three (3) School Resource Officers, and Burton School District has agreed to pay 65% of the salary and benefits for one (1) School Resource Officer. Based on the formula above, for this term, the City shall contribute an estimated $153,500 for three (3) School Resource Officer positions assigned to the Porterville Unified School District. This represents 35% of the estimated salary and benefits costs for three (3) School Resource Officers, as well as an additional $38,000 in estimated ancillary costs. Porterville Unified School District will contribute up to $214,500 for the three (3) School Resource Officers, which represents 65% of salary and benefits costs for the School Resource Officers. Based on the formula above, for this term, the City shall contribute an estimated $51,000 for one (1) School Resource Officer position assigned to the Burton School District. This represents 35% of the estimated salary and benefits costs for the School Resource Officer, as well as an additional $12,500 in estimated ancillary costs. Burton School District will contribute up to $71,500 for the School Resource Officer, which represents 65% of salary and benefits costs for the Officer.

Three of the four School Resource Officers will generally be assigned to the Porterville Unified School District, with each Officer generally responsible for one of the three major high schools and their respective feeder schools. The fourth School Resource Officer will generally be assigned to the Burton School District. These assignments will not preclude the ability of each Officer to respond to other areas as needed. Department staff is requesting Council Item No. 19.
approval to enter into an agreement to continue the School Resource Officer program with PUSD and BSD.

RECOMMENDATION: That the City Council:

Approve the Agreements for Joint Funding for School Resource Officers for the period of July 1, 2022 through June 30, 2023; and authorize the Chief of Police to execute the agreements on behalf of the City of Porterville.

ATTACHMENTS: 1. PUSD SCHOOL JOINT FUNDING COOPERATIVE
AGREEMENT 2022-2023

2. BSD SCHOOL JOINT FUNDING COOPERATIVE
AGREEMENT 2022-2023
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, Deputy City Manager

JOINT FUNDING COOPERATIVE AGREEMENT
This Agreement is entered into as of July 1, 2022, between the CITY OF PORTERVILLE (“CITY”) and the PORTERVILLE UNIFIED SCHOOL DISTRICT (“PUSD”) (each a “Party,” and collectively, the “Parties”), with reference to the following:

A. The Parties wish to continue efforts to create and maintain a safe environment for children attending school campuses in the city of Porterville, and the Parties believe this is vital to the educational process.

B. The Parties desire to share in the costs of supplying “School Resource Officers” (“SROs”) to respond to reports from PUSD officials concerning criminal and other activities occurring on the PUSD campuses that jeopardize the safety and security of the children attending these schools.

C. The Parties are willing to enter into this Agreement on the terms and conditions set forth below:

ACCORDINGLY, IT IS AGREED:

1. The term of this Agreement shall be for one year, commencing on July 1, 2022, and ending on June 30, 2023.

2. The CITY shall provide three “School Resource Officers” effective at the beginning of the school year, August 2022, and concluding at the end of the school year, June 2023. The SROs shall respond to school reports of criminal activity or other activity threatening the safety and security of children occurring on PUSD school campuses located within the CITY’s geographical limits. The guidelines and expectations of the SRO program are attached as Exhibit A. Nothing in this agreement prohibits SROs from assisting other law enforcement officers when necessary due to high priority needs of the department as determined by the on-duty supervisor.

3. The Department will be responsible for selecting which Department employees will serve as SRO’s, or the acting SRO for days when the designated SRO may be on leave, absent for training, or otherwise not available.

4. The maximum estimated salary and benefit cost for an SRO during the term of this Agreement is $110,000. This does not include any ancillary costs or overtime costs.

5. Three SROs shall be assigned to the PUSD District and the salary and benefit costs for the three SROs shall be divided as follows: The CITY shall pay 35% of the salary and benefits cost, as well as all ancillary costs; PUSD shall pay the remaining 65% in salary and benefits costs.

6. Based on the formula above, for this term, the CITY shall contribute an estimated amount of $153,500 for three SRO positions. This represents 35% of maximum estimated costs of salary and benefits for each position, plus approximately $38,000 in ancillary costs.

7. Based on the formula above, for this term, PUSD shall contribute up to, but no more than, $214,500 for three SRO positions. This represents 65% of the maximum estimated salary and benefits costs ($330,000).

8. The amounts to be contributed by PUSD shall be due and payable as follows: PUSD shall pay the amounts as invoiced by the CITY, on an annual basis, of the actual costs (excluding ancillary) but no more than the contribution amounts specified above, within thirty days of receiving said invoice(s). The full contribution amounts shall be paid by the end of the CITY’s fiscal year (June 30, 2023).

9. It is understood and agreed that if the funding is either discontinued or reduced for specified positions, any Party shall have the right to terminate this Agreement. In such event, the affected Party shall provide the other Party(ies) with at least sixty (60) days prior written notice of such termination.

10.It is mutually understood and agreed that the SROs at all times while carrying out this Agreement shall be acting as CITY employees. The CITY shall retain the right to control and direct the services of the SROs pursuant to this Agreement, and shall retain the usual management rights, powers, and authority of an employer over such employees. The City will make every effort to ensure that scheduling of vacation leaves and training sessions for SROs are made with consideration of the needs of the school district.

12.The parties agree that the SRO shall be deemed to be a “school official” for the performance on SRO’s duties on behalf of District. The SRO shall therefore be allowed access to student records but the District is in direct control of the use, maintenance, and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law. School officials shall allow the SRO to inspect and copy any student records maintained by the school for which the SRO has a “legitimate educational interest” within the scope of the SRO’s service under this Agreement. This includes access to student directory information to the extent permitted by District policy, classroom assignments, attendance records, and discipline files. However, the SRO may not inspect or copy confidential student records outside the scope of the SRO’s service, except as allowed by law.

If confidential student record information is needed in an emergency to protect the health or safety of a student or others, the District may disclose to the SRO information that is needed to respond to the emergency situation based on the seriousness of the threat to someone’s health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence.

If confidential student record information is needed by the SRO but no emergency situation exists, the information may be released only upon the issuance of a subpoena, a court order or written authorization of the parent/guardian.

Pursuant to Education Code section 48902, the principal or designee shall notify the SRO of any acts of a student that may violate specified provisions of the Penal Code and Education Code. This may require the disclosure of the student’s name or other identifying information to the SRO, along with information related to the underlying offence.

13. Neither the District nor the Department shall discriminate because of race, religion, color, national origin, disability, marital status, age, or sex against any person by refusing any person or privilege offered to or engaged by the general public.

14.Indemnity-The District shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned officer’s performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City, or the gross or willful misconduct of the assigned officer.

The City shall indemnify, defend, and hold harmless the District, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the City or the gross or willful misconduct of the assigned officer during the performance of work hereunder.

If the District rejects a tender of defense by the City and/or the assigned officer under this Agreement, and it is later determined that the City and/or the officer breached no duty of care and/or was immune from liability, the District shall reimburse the City and/or officer for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the City and/or officer settles a liability claim, with or without participation by the District.

The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or its assigned officer that they would not owe in the absence of the Agreement. The Agreement does not create and affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) the City or the assigned officer and the absence of the assigned officer and/or patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.

CITY:

City Clerk of the City of Porterville
291 N. Main Street
Porterville, CA 93257
Phone: 559-782-7442
Fax: 559-782-7452
PUSD:

Porterville Unified School District
600 W. Grand Avenue
Porterville, CA 93257
Phone: 559-793-2455
Fax: 559-793-1088
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission shall be deemed received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after mailing. Any Party may change the above address, phone number, or fax number by giving written notice pursuant to this paragraph. a. No part of this Agreement may be assigned by any of the Parties without the prior written consent of the other Parties. b. Termination.
i. The right to terminate this Agreement under this provision may be exercised without prejudice to any other right or remedy to which the terminating Party may be entitled to by law or under this Agreement.

1. This Agreement may be terminated by any Party
should another Party:
a. be adjudged bankrupt,
b. become insolvent or have a receiver appointed,
c. make a general assignment for the benefit of
creditors,
d. suffer any judgment which remains unsatisfied
for 30 days and which would substantively
impair the ability of the judgment debtor to
perform under this Agreement, or
e. materially breach this Agreement.

2. For any occurrences except item (e), termination may be effected upon written notice by the terminating Party specifying the date of termination.

3. Upon a material breach, the Agreement may be
terminated following the failure of the defaulting Party to remedy the breach to the satisfaction of the nondefaulting Party(ies) within five (5) days of written notice specifying the breach. If the breach is not
remedied within the five (5) day period, the nondefaulting Party may terminate the Agreement on further written notice specifying the date of termination.

4. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting Party may submit a written proposal within that period which
sets forth a specific means to resolve the default. If the non-defaulting Party(ies) consent to that proposal in
writing, which consent shall not be unreasonable
withheld, the defaulting Party shall immediately embark on its plan to cure. If the default is not cured within the time agreed upon, the non-defaulting Party(ies) may
terminate upon written notice specifying the date of
termination.
ii. Effects of Termination. Termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports or pre-termination contract activities.
c. This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent.
d. This Agreement reflects the contributions of all Parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.
e. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
f. The failure of any Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for the breach or any subsequent breach. The acceptance of any Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by any other Party.
g. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, the Agreement may be terminated at the option of the affected Party.
h. Each Party agrees to execute any additional documents and to perform any further acts that may be reasonably required to effect the purposes of this Agreement.
i. It is expected that this agreement will continue into coming years. In June of each year of the agreement, the Chief of Police and the Porterville Unified School District Superintendent, or their designees, shall convene a meeting to discuss the activities of the SROs during the previous school year. If the agreement is continued, the Chief of Police shall provide the new salary and benefits costs for the position, and the new agreement will indicate the amount of funding each party shall be responsible for.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF PORTERVILLE:
________________________________________
Jake Castellow, Chief of Police
PORTERVILLE UNIFIED SCHOOL DISTRICT:
________________________________________
Brad Rohrbach, Ed.D., Assistant Superintendent

EXHIBIT A

GUIDELINES AND EXPECTATION OF THE SCHOOL RESOURCE OFFICER PROGRAM The School Resource Officer Program is a collaborative effort by the Porterville Police Department and the Porterville Unified School District focused on preventing juvenile delinquency, maintaining a safe school environment, and providing a positive law enforcement presence in the school community. This effort will help bridge the gap between law enforcement officers and students in order to increase positive attitudes toward law enforcement, and reduce juvenile crime.

The exclusive focus on the physical and social territory of the school is an important aspect of the SRO program. Unlike law enforcement officers who respond to school problems as a result of calls for service or 911 calls by school personnel, the SRO knows the school’s physical layout and is aware of who belongs on school property and who does not.

School Resource Officers have two main functions: law enforcement officer and advisor.

As a law enforcement officer, the SRO maintains a safe and secure school environment in which “teachers feel safe to teach and students feel safe to learn.” The SRO acts as an advisor to students, parents, teachers and staff on the law, delinquency, violence, substance abuse, child abuse and other law enforcement related issues.

The SRO may talk to students, parents, teachers, administrators and staff about problems and concerns they may have, and help them find possible solutions through referrals to counselors or appropriate social service or legal agencies for additional support and assistance.

The most effective way a SRO can accomplish these functions is to be a positive role model and mentor. Students learn from every interaction they may have with a SRO. It is essential for a SRO to be a positive role model who endorses high moral standards, exercises good judgment and discretion, is consistent and fair, respects students, and displays a sincere concern for the school community.

School Resource Officers must maintain a professional appearance, be visible, accessible and willing to talk to students. The SRO shall attend and participate in school activities, interact positively with students and the community, taking their concerns seriously while maintaining a supportive and positive relationship with faculty and school administrators.

Duties and expectations of the SRO shall include, but not be limited to the following:
 To protect lives and property for the citizens and public school students.  To enforce Federal, State and Local criminal laws and ordinances, and to assist school officials with the enforcement of Board of Education Policies and Administrative Regulations regarding student conduct.
 To investigate criminal activity committed on or adjacent to school property.  To counsel public school students in special situations, such as students suspected of engaging in criminal misconduct, when requested by the principal or the principal's designee or by the parents of the student.
 To assist other law enforcement officers with outside investigations concerning students attending the school(s) to which the SRO is assigned.  To provide security for special school events or functions, such as PTA meetings, at the request of the principal or other school official.  To prevent juvenile delinquency through close contact with students and school personnel.
 To establish liaison with school principals, faculty, and students.  To inform the students of their rights and responsibilities as lawful citizens.  To provide liaison between students and social agencies which provide needed services.
 To participate in campus activities when invited and feasible.  To be aware at all times of the responsibility to improve the image of the uniformed law enforcement officer in the eyes of the students and the community.  To confer with the principal to develop plans and strategies to prevent and/or minimize dangerous situations on or near the campus or involving students at school-related activities.
1 JOINT FUNDING COOPERATIVE AGREEMENT
This Agreement is entered into as of July 1, 2022, between the CITY OF PORTERVILLE (“CITY” or “DEPARTMENT”), and the BURTON SCHOOL DISTRICT (“BSD” or “DISTRICT”) (each a “Party,” and collectively, the “Parties”), with reference to the following:

A. The Parties wish to continue efforts to create and maintain a safe environment for children attending school campuses in the City of Porterville, and the Parties believe this is vital to the educational process.

B. The Parties desire to share in the costs of supplying a “School Resource Officer” (“SRO”) to respond to reports from BSD officials concerning criminal and other activities occurring on the BSD campuses that jeopardize the safety and security of the children attending these schools.

C. The Parties are willing to enter into this Agreement on the terms and conditions set forth below:

ACCORDINGLY, IT IS AGREED:

1. The term of this Agreement shall be for one year, commencing on July 1, 2022, and ending on June 30, 2023.

2. The CITY shall provide one sworn police officer to act as a “School Resource Officer” effective at the beginning of the school year, August 2022, and concluding at the end of the school year, June 2023. The SRO shall respond to school reports of criminal activity or other activity threatening the safety and security of children occurring on BSD school campuses located within the CITY’s geographical limits, as well as Summit Charter Collegiate Academy, Summit Charter Intermediate Academy and Lombardi Elementary School. The guidelines and expectations of the SRO program are attached as Exhibit A. Nothing in this agreement prohibits the SRO from assisting other law enforcement officers when necessary due to high priority needs of the DEPARTMENT as determined by the on-duty supervisor.
2 3. The DEPARTMENT will be responsible for selecting which DEPARTMENT employee will serve as the SRO, or the acting SRO for days when the designated SRO may be on leave, absent for training, or otherwise not available.

4. The maximum estimated salary and benefit cost for an SRO during the term of this Agreement is $110,000. This does not include any ancillary costs or overtime costs.

5. One SRO shall be assigned to the BSD and the salary and benefit costs for the one SRO shall be divided as follows: The CITY shall pay 35% of the salary and benefits cost, as well as all ancillary costs; BSD shall pay the remaining 65% in salary and benefits costs.

6. Based on the formula above, for this term, the CITY shall contribute up to $51,000 to the SRO position. This represents 35% of the maximum estimated costs of salary and benefits for the position, plus approximately $12,500 in ancillary costs.

7. Based on formula above, for this term, BSD shall contribute up to, but no more than, $71,500 for one SRO position. This represents 65% of the maximum estimated salary and benefits costs ($110,000).

8. The amounts to be contributed by BSD shall be due and payable as follows:

BSD shall pay the amount as invoiced by the CITY, on an annual basis, of the actual costs (excluding ancillary) but no more than the contribution amounts specified above, within thirty days of receiving said invoice(s). The full contribution amounts shall be paid by the end of the CITY’s fiscal year (June 30, 2023).

10.It is mutually understood and agreed that the SRO at all times while carrying out this Agreement shall be acting as a CITY employee. The CITY shall retain the right to control and direct the services of the SRO pursuant to this Agreement, and shall retain the usual management rights, powers, and authority of an employer over such employees. The CITY will make every effort to ensure that scheduling of vacation leaves and training sessions for the SRO are made with consideration of the needs of the DISTRICT.

11.The certificated administrators of each school shall be responsible for student discipline and shall make all decisions regarding the imposition of discipline for students enrolled at their campus.
3 12.The parties agree that the SRO shall be deemed to be a “school official” for the performance on SRO’s duties on behalf of the DISTRICT. The SRO shall therefore be allowed access to student records but the DISTRICT is in direct control of the use, maintenance, and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law. School officials shall allow the SRO to inspect and copy any student records maintained by the school for which the SRO has a “legitimate educational interest” within the scope of the SRO’s service under this Agreement. This includes access to student directory information to the extent permitted by DISTRICT policy, classroom assignments, attendance records, and discipline files. However, the SRO may not inspect or copy confidential student records outside the scope of the SRO’s service, except as allowed by law.

If confidential student record information is needed in an emergency to protect the health or safety of a student or others, the DISTRICT may disclose to the SRO information that is needed to respond to the emergency situation based on the seriousness of the threat to someone’s health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence.

13. Neither the DISTRICT nor the CITY shall discriminate because of race, religion, color, national origin, disability, marital status, age, or sex against any person by refusing any person or privilege offered to or engaged by the general public.

14.Indemnity-The DISTRICT shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the SRO’s performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the CITY, or the gross or willful misconduct of the assigned officer. 4 The CITY shall indemnify, defend, and hold harmless the DISTRICT, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the CITY or the gross or willful misconduct of the assigned officer during the performance of work hereunder.

If the DISTRICT rejects a tender of defense by the CITY and/or the assigned officer under this Agreement, and it is later determined that the CITY and/or the officer breached no duty of care and/or was immune from liability, the DISTRICT shall reimburse the CITY and/or officer for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the CITY and/or officer settles a liability claim, with or without participation by the DISTRICT.

The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the CITY or its assigned officer that they would not owe in the absence of the Agreement. The Agreement does not create and affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) the CITY or the assigned officer and the absence of the assigned officer and/or patrol vehicle is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the CITY nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.

CITY:

City Clerk of the City of Porterville
291 N. Main Street
Porterville, CA 93257
Phone: 559-782-7442
Fax: 559-782-7452
BSD:

Burton School District
264 N. Westwood
Porterville, CA 93257
5 Phone: 559-781-8020
Fax: 559-781-1403
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission shall be deemed received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after mailing. Any Party may change the above address, phone number, or fax number by giving written notice pursuant to this paragraph. a. No modification, amendment or addendum to this Agreement shall be valid unless it is set forth in writing and is signed by the parties. b. Termination.
i. The right to terminate this Agreement under this provision may be exercised without prejudice to any other right or remedy to which the terminating Party may be entitled to by law or under this Agreement.

2. For any occurrences except item (e), termination may be effected upon written notice by the terminating Party specifying the date of termination, with at least sixty (60) days advance written notice.

4. If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting Party 6 may submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting Party(ies) consent to that proposal in
writing, which consent shall not be unreasonable
withheld, the defaulting Party shall immediately embark on its plan to cure. If the default is not cured within the time agreed upon, the non-defaulting Party(ies) may
terminate upon written notice specifying the date of
termination.
ii. Effects of Termination. Termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports or pre-termination contract activities.
c. This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the CITY shall be a person specifically authorized by the legislative body of the CITY to execute this Agreement, at the level of City Manager or City Attorney or equivalent.
d. This Agreement reflects the contributions of all Parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.
e. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
f. The failure of any Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for the breach or any subsequent breach. The acceptance of any Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by any other Party.
g. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either 7 Party is lost, the Agreement may be terminated at the option of the affected Party.
h. Each Party agrees to execute any additional documents and to perform any further acts that may be reasonably required to effect the purposes of this Agreement.
i. It is expected that this agreement will continue into coming years. In June of each year of the agreement, the Chief of Police and the Burton School District Superintendent, or their designees, shall convene a meeting to discuss the activities of the SRO during the previous school year. If the agreement is continued, the Chief of Police shall provide the new salary and benefits costs for the position, and the new agreement will indicate the amount of funding each party shall be responsible for.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF PORTERVILLE:
________________________________________
Jake Castellow, Chief of Police
BURTON SCHOOL DISTRICT:
_________________________________________
Sergio Mendoza, Superintendent
8 EXHIBIT A

GUIDELINES AND EXPECTATION OF THE SCHOOL RESOURCE OFFICER PROGRAM The School Resource Officer Program is a collaborative effort by the Porterville Police Department, Porterville Unified School District, and Burton School District focused on preventing juvenile delinquency, maintaining a safe school environment, and providing a positive law enforcement presence in the school community. This effort will help bridge the gap between law enforcement officers and students in order to increase positive attitudes toward law enforcement, and reduce juvenile crime.

School Resource Officers have two main functions: law enforcement officer and advisor.

The SRO is an extension of his/her agency as well as the school principal’s office, as the officer’s duties are comprised of both law enforcement and education. The SRO reports to both his/her agency commander and the school principal. Although the SRO will not serve as a disciplinarian, and disciplining students will remain the responsibility of the school faculty and administrators, the SRO will serve as a means for establishing cooperation, order and safety so that learning can take place, the business schools are about. This does not prevent the SRO from taking action in his/her official capacity.
9 Duties and expectations of the SRO shall include, but not be limited to the following:
 To protect lives and property for the citizens and public school students.  To enforce Federal, State and Local criminal laws and ordinances, and to assist school officials with the enforcement of Board of Education Policies and Administrative Regulations regarding student conduct.
 To investigate criminal activity committed on or adjacent to school property.  To counsel public school students in special situations, such as students suspected of engaging in criminal misconduct, when requested by the principal or the principal's designee or by the parents of the student.
 To assist other law enforcement officers with outside investigations concerning students attending the school(s) to which the SRO is assigned.  To provide security for special school events or functions, such as PTA meetings, at the request of the principal or other school official.  To prevent juvenile delinquency through close contact with students and school personnel.
 To establish liaison with school principals, faculty, and students.  To inform the students of their rights and responsibilities as lawful citizens.  To provide liaison between students and social agencies which provide needed services.
 To participate in campus activities when invited and feasible.  To be aware at all times of the responsibility to improve the image of the uniformed law enforcement officer in the eyes of the students and the community.  To confer with the principal to develop plans and strategies to prevent and/or minimize dangerous situations on or near the campus or involving students at school-related activities.

CITY COUNCIL AGENDA – JULY 19, 2022
SUBJECT: Joint Funding Agreement with Kern Community College District (Porterville College) for a Part-time Reserve Police Officer
SOURCE: Police
COMMENT: The Porterville Police Department currently has one Reserve Officer assigned to Porterville College on a part-time basis. This Reserve Police Officer provides police services six hours per day (Monday – Thursday) for Porterville College campus security/patrol. During school hours, this Officer is on campus and responds to reports of various types, including criminal activity, at the school site. In addition, this Officer provides requested security for after-school functions throughout the school year, as requested. All equipment, vehicle(s), and uniforms will be provided by the Porterville Police Department.

Kern Community College District has agreed to renew the Joint Funding agreement in which it pays the Reserve Officer at a rate of $33.00/hour, an estimated $32,000 annually, not to exceed $64,000 during this two-year contract. Department staff is requesting City Council approval to enter into an agreement to continue the Reserve Police Officer program with Kern Community College District - Porterville College.

RECOMMENDATION: That the City Council:

1. Approve the Agreement for Joint Funding for a part-time Reserve Police Officer for the period of July 1, 2022 through June 30, 2024; and

2. Authorize the Chief of Police to execute the agreement on behalf of the City of Porterville.

ATTACHMENTS: 1. City of Porterville Police Department-Kern Comm College District Agreement

2. Kern Community College District Indemnification
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager

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Kern Community College District-Agreement with Independent Contractor Indemnity Addendum
The District shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the assigned officer’s performance of work or his or her failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the active negligence by the City, or the gross or willful misconduct of the assigned officer.

The City shall indemnify, defend, and hold harmless the District, its officers, officials, employees, and volunteers from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigations (including without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of the active negligence by the City of the gross or willful misconduct of the assigned officer during the performance of work hereunder.

The parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or its assigned officer that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter and/or a duty to intervene) the City or the assigned officer and the absence of the assigned officer and/or patrol vehicle is not a material breach of this Agreement neither the City nor its assigned officer intends to waive any immunities to which they would be entitled in the absence of the Agreement.

This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement4 of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authored agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement at the level of City Manager or City Attorney or equivalent. ________________________________ ____________________________ Representative Date
Kern Community College District obo Porterville College ________________________________ ____________________________ Jake Castellow, Chief of Police Date
Item No. 21.

CITY COUNCIL AGENDA – JULY 19, 2022
SUBJECT: Request for Renewal of Accela PublicStuff Three Year Contract SOURCE: City Manager's Office
COMMENT: At its meeting on August 6, 2013, in consideration of options for implementing a City mobile application and Citizen Relationship Management (CRM) system, the City Council authorized a one-year contract with Accela for their PublicStuff program for the development of the "myPorterville" mobile application at an expense of $8,800. The expense for the contract was split between the City Council and Community Promotion expenditure accounts for Fiscal Year 2013-2014, given funds were added to these accounts from the refund of a portion of fees paid to the Tulare County Economic Development Corporation.

With the current contract set to expire on September 16, 2022, Accela has provided the City with a three-year renewal quote. The three-year contract offers a three percent (3%) increase per year. Year 1 is $12,467.69, Year 2 is $12, 841.72 and Year 3 is $13,226.98. Entering into a multi-year agreement is less expensive than entering a one-year contract with a higher increase. Given the community's positive response to myPorterville, as well as staff's utility for coordinated Code Enforcement, it is recommended that the City enter into a three-year contract with Accela for the PublicStuff Pro application.

Funding for the contract renewal is included in the adopted Fiscal Year 2022- 2023 budget under the Community Promotions account.

RECOMMENDATION: That the City Council authorize a three year contract renewal with Accela for the PublicStuff Pro Services to be used through the myPorterville mobile application.

ATTACHMENTS: 1. Accela Renewal Order Form 2022-2025
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
Item No. 21.
2633 Camino Ramon, Suite 500
San Ramon, CA, 94583
Proposed by: Caitlin Carter
Contact Phone: (925) 359 - 3411
Contact Email: [email protected]
Quote ID: Q-26678
Valid Through: 8/17/2022
Currency: USD
_______________________________________________________________________________________ Renewal Order Form
Address Information
Bill To: Ship To:

City of Porterville City of Porterville
291 North Main Street
Porterville, California 93257
United States
291 North Main Street
Porterville, California 93257
United States
Billing Name: Terry Mendez
Billing Phone: (559) 782-7466
Billing Email: [email protected]
_______________________________________________________________________________________ Services Year Start Date End Date Term
(Months)
Price Qty Net Total
PublicStuff Pro Year 1 9/17/2022 9/16/2023 12 $12,467.69 1 $12,467.69 TOTAL: $12,467.69
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
PublicStuff Pro Year 2 9/17/2023 9/16/2024 12 $12,841.72 1 $12,841.72 TOTAL: $12,841.72
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
PublicStuff Pro Year 3 9/17/2024 9/16/2025 12 $13,226.98 1 $13,226.98 TOTAL: $13,226.98
Pricing Summary
Period Net Total
Year 1 $ 12,467.69
Year 2 $ 12,841.72
Year 3 $ 13,226.98

Quote Number:Q-26678-1 Print Date:5/25/2022

Page 1 of 4 ends

Total $ 38,536.39
Quote Number:Q-26678-1 Print Date:5/25/2022

Page 2 of 4 ends

Renewal Terms/Information:

General Information
Governing
Agreement(s) This Order Form will be governed by the applicable terms and conditions. If those terms and conditions are non-existent, have expired or have otherwise been terminated, the following terms at https://www.accela.com/terms/ will govern as applicable, based on the Customer’s purchase.

Order Terms
Order Start Date Unless otherwise specified in the Special Order Terms:
• Software Licenses & Subscriptions start on the date of delivery by Accela; • Hosting and Support start on Accela’s delivery of the software hosted and/or supported;.

Order Duration Unless otherwise specified in the Special Order Terms:
• Subscriptions continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer’s first Subscription purchase.
• Any Software Licenses or Hardware are one-time, non-refundable purchases. • Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). • Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.

Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern the Software, Maintenance, and/or Services items listed on this Order Form. • In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction.
• For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela’s customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally-available offering with comparable functionality.

Payment Terms
Currency USD
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total above will be issued on the Order Start Date.

Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement(s), all payments are due on the Invoice Date and payable net 30 days.

Special
Payment
Terms
None unless otherwise specified in this location.

Quote Number:Q-26678-1 Print Date:5/25/2022

Page 3 of 4 ends

Purchase Order If Customer requires PO number on invoices, it must be provided below and Customer must provide a copy of the PO prior to invoice issuance. If no PO number provided prior to invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.

PO#
Signatures
Accela, Inc. Customer
Signature: Signature:

Print Name: Print Name:

Title: Title:

Date: Date:

Quote Number:Q-26678-1 Print Date:5/25/2022

Page 4 of 4 ends

Item No. 22.

CITY COUNCIL AGENDA – JULY 19, 2022
SUBJECT: Renewal of HR Test Rental and Use Agreement Between City of Porterville and CPS HR Consulting
SOURCE: Administrative Services
COMMENT:

As a public agency, the City hires personnel via a merit-based civil service selection system, which generally includes a minimum qualification application review process, written examination, and panel interview. Protecting against adverse impact and ensuring the validity and reliability in this process is critical. In order to achieve this and maintain the integrity of its recruitment process, the City utilizes the services of CPS HR Consulting.

The City's contract with CPS HR Consulting expired in June 2022. The terms of the proposed two-year agreement remain the same with no annual fee, nor any increase in costs for the bank of tests that the City utilizes. It is important to note that the agreement requires that the City pay a rental fee for only those tests it uses. A copy of the proposed agreement is provided herein for City Council's consideration.

RECOMMENDATION: That the City Council authorize the two-year renewal of the Test Rental and Use Agreement with CPS HR Consulting, and
authorize the Administrative Services Director to sign on behalf of the City.

ATTACHMENTS: 1. CPS Agreement
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager

Item No. 23.

CITY COUNCIL AGENDA – JULY 19, 2022
SUBJECT: Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
SOURCE: City Manager's Office
COMMENT:

During the prior eighteen (18) months, the City Council and its legislative bodies have conducted teleconferencing meetings as allowed pursuant to a series of Executive Orders, the most recent which expired on September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Pursuant to adopted State law effective September 30, 2021, Assembly Bill 361 (AB 361), extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, which the status of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place. Consistent with AB 361, the Council must adopt a Resolution consistent with the Governor's State of Emergency, and must review and renew such Resolution every thirty (30) days thereafter. AB 361 will sunset on January 1, 2024. The Council last adopted its Resolution consistent with AB 361 at its meeting on June 20, 2022.

RECOMMENDATION: That the City Council consider adoption of the draft Resolution to continue allowing the option to participate in the City's public meetings remotely through the use of the teleconferencing provisions of AB 361.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
RESOLUTION _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY ASSEMBLY BILL 361 ISSUED ON SEPTEMBER 16, 2021, AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF ALL LEGISLATIVE BODIES OF THE CITY OF PORTERVILLE FOR THE PERIOD OF THIRTY (30) DAYS PURSUANT TO BROWN

ACT PROVISIONS
WHEREAS, the City Council is committed to preserving and nurturing public access and participation in meetings of all City of Porterville legislative bodies; and, WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and,
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certain conditions; and, WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and, WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or humancaused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, a State of Emergency has been proclaimed by the Governor of the State of California; and,
WHEREAS, State and local officials continue to promote social distancing measures and City’s conference chambers limited capacity would present imminent risk to health and safety of attendees; and,
WHEREAS, as a consequence of the State emergency, the City does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (c) of section 54953; and, WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and, WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and,
WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Porterville as follows:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and, SECTION 2. Ratification of Governor’s Proclamation of a State of Emergency.

The City hereby ratifies the Governor of the State of California’s Proclamation of March 2, 2020; and,
SECTION 3. Remote Teleconference Meetings. The City Manager and legislative bodies of City of Porterville are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 4. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of August 18, 2022, or such time the Council adopts a subsequent Resolution in accordance with Government Code section 54953 (e)(3) to extend the time during which the legislative bodies of City of Porterville may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Item No. 24.

CITY COUNCIL AGENDA – JULY 19, 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 June 20, 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. 24.
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." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water.

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) Item No. 24.
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 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. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

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 Item No. 24.
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 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.

Item No. 24.

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 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 Item No. 24.
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 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: Emergency
Regulation - Water Conservation; June 10, 2022

8. 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

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
~~~smia~rp__e:w. "fl
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
State of California
Office of Administrative Law
In re:

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:

Repeal sections:

Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).

The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).

OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.

This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.

Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
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~~~~ s~,~, jm~ rti r ~a-s~

NOTICE REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)

1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE

3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
Re ulato tither `Action L_~
OAL USE ACTION ON PRppgSFD NOTICE
~~~Y HPP~oveaas
NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation

2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
_~cidi~a~al:_sF~eeh_6f~reeded.} __~_._ _--- ____ _._ ----_ ____ -- TITLE(S) REPEAL 23 3. TYPE OF FILING
Code
Regular
§11346)
Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
§11346.1(b))
Emergency (Gov. Code, ~
emergency
Resubmittal
filing
of disapproved
(Gov. Code,
or
§11346.1)
withdrawn o ocher {sPe~~~> Wafer Code Section 1058.5

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)

5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)

7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179

8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.

SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022

TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board

ADOPTED EMERGENCY REGULATION TEXT
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
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, 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.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.

Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.

Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 105$.5, Water Code.

References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350

3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976

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

Page 2 of 24 ends

Porterville City CouncilJuly 19, 2022

Porterville City Council
July 19, 2022