Porterville City Council
October 4, 2022

City Council Agenda October 4, 2022

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
OCTOBER 4, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, and in an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – City Council Meeting of October 4, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83480551137?pwd=UTFNS2xodmJOdzdoWnFyLzZRWGNiUT09 Or via Telephone: 1-669-900-6833 Webinar ID: 834 8055 1137 Passcode: 695380 Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 261-130-004. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Cornerstone Main Partners II, L.P. Under Negotiation:

Terms and Price.

2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 298 North Main Street, Suites 2 and 3, Porterville, CA. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Friends of the Porterville Library. Under Negotiation: Terms and Price.

3 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville Peace Officers Association and Porterville City Firefighters Association.

4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Rae Dean Strawn v. Bruce Sokoloff et al., U.S. District Court, Eastern Div., Case No. 1:22-at-00742.

City Council Agenda October 4, 2022

5 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Eight (8) cases in which facts are not yet known to potential plaintiff.

6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON

REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Tate
Invocation

PRESENTATIONS
Employee of the Month - Rosio Mejia

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

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3. 1 - Cannabis Ad Hoc Committee - September 21, 2022
2 - Tulare County Homeless Task Force - September 21, 2022 3 - Council of Cities - September 21, 2022
4 - Casino Relocation Meeting - September 26, 2022
5 - Tulare County Economic Development Corporation - September 28, 2022 6 - Internal City Audit Committee Meeting - September 28, 2022 7 - Tulare County Regional Transit Agency Meeting - September 28, 2022 8 - Tulare County Economic Development Corporation Coordination Meeting - September 29, 2022
9 - Sierra View Medical Center Foundation Gala - October 1, 2022 10 - Police Department Badge Pinning Ceremony - October 3, 2022

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

I. Staff Informational Reports
City Council Agenda October 4, 2022

1. Fall Community Clean-Up Event

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Code Enforcement Vehicle Purchase
Re: Consideration to authorize staff to negotiate the purchase of two Code Enforcement vehicles at a cost not to exceed $90,200 per vehicle.

2. Authorization to Purchase Specialized Equipment - Blower Magnetic Bearing Controller
Re: Consideration to authorize the purchase of a new magnetic bearing controller for a not to exceed amount of $18,421 which includes taxes, shipping and a ten percent (10%) contingency from Kaeser Compressors.

3. Authorization to Repair Raw Sewage Pump #1
Re: Consideration to award the repair of influent pump #1 at the City Wastewater Treatment Facility, to Shape Incorporated for a do not exceed amount of $21,419.

4. Authorization to Advertise for Bids - Akin and Central Mutual Water System Improvement Project
Re: Consideration to approve staff's recommended Plans and Project Manual for Akin Water System located in the area of Lincoln Street at Fourth Street and north of Gibbons Avenue, and the Central Mutual Water System Project located in the area of South Kessing Street at Gibbons Avenue.

5. Acceptance of Project - Public Safety Building Storage Project Re: Consideration to accept the Public Safety Building Storage Project located at 980 S. Jaye Street, as complete.

6. Award of Contract for Consulting Services for Local Early Action Planning Grant South of Tule River Specific Plan
Re: Consideration to Authorize staff to negotiate a contract with Precision Engineering, Inc. to complete the Land Use and Circulation Elements for the Draft SoTu Specific plan and associated entitlements and environmental review.

7. Authorization to Execute Consultant Agreement with RRM Design Group Re: Consideration to approve a Consultant Service Agreement for design and construction support services for the Fourth Street Community Center and Park Project located at the southeast corner of Henderson Avenue and Fourth Street along the Santa Fe Byway Trail (formally known as Rails-to-Trails), with RRM Design Group in the amount of $1,149,613.

8. Authorization to Sign Agreement - Eagle Aerial Solutions Re: Consider authorization to enter into a 5-year Agreement with Eagle Aerial Solutions to access its proprietary software to assist the City in meeting its water conservation goals in an amount not to exceed $38,478 per year.

City Council Agenda October 4, 2022

9. Resolution Accepting a Deed of Easement from the United States Department of Agriculture Forest Service - Henrahan Street
Re: Consideration to adopt the draft Resolution for the acceptance of the Easement from the United States Department of Agriculture Forest Service along the eastern property line of the new Forest Service development at the corner of East Morton Avenue and North Henrahan Street.

10. Approval of Resolution for the Submittal of an Application, Acceptance of Funds and Execution of a Grant Agreement with the California Department of Transportation for an Airport Improvement Program Matching Grant
Re: Consideration to adopt the draft Resolution authorizing the Finance Director to file an application and execute the AIP Matching Grant Agreement with the California Department of Transportation.

11. East Porterville Water Connection Accessory Dwelling Unit Re: Consideration to adopt the draft Resolution approving the second water service connection for the Accessory Dwelling Unit (ADU) located at 1081 E. Cleo Avenue.

12. Program Supplement to the Administering Agency-State Agreement for Federal-Aid Projects - Olive Avenue and Porter Road/Cloverleaf Street Intersection Signal Replacement Project
Re: Consideration to approve the draft Resolution authorizing Program Supplement No.

F061 to administer Agency-State Agreement for Federal-Aid Projects No. 06-5122F15, for the design phase of the Olive Avenue and Porter Road/Cloverleaf Street Intersection Signal Replacement Project.

13. Consent to Sublet - Lot No. 6 at the Porterville Municipal Airport Re: Consideration to authorize the Lessee, TREDC Real Estate, to sublet the airport hangar on Lot No. 6 at the Porterville Municipal Airport to GreenPower Motor Company, Inc. through July 31, 2023.

14. Assignment of Airport Lease - Lot No. 38
Re: Consideration to approve the Assignment of Lease for Lot No. 38 at the Porterville Municipal Airport from Raymond Broad and Dernie Waikiki to Thomas S. Raya and Elizabeth M. Raya.

15. Authorization of Street Closure
Re: Authorization for the Fire and Police Departments to close city streets in the vicinity of Fire Station 71 as deemed necessary on October 11, 2022.

16. Authorization of Street Closure - Porter Road
Re: Consideration of request from the Porterville Military Academy to close Porter Road on Monday, October 31, 2022, from 5:00 PM to 9:00 PM in support of a planned school event.

17. Authorization for Out-of-State Travel to Georgia Smoke Diver Training Re: Consideration to authorize travel by City representatives to Dalton, Georgia to attend Smoke Divers Training.

18. Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
City Council Agenda October 4, 2022

Re: Consider adoption of a draft Resolution consistent with AB 361 to continue to allow remote attendance at public meetings.

19. Status and Review of Local Emergency: Drought
Re: Considering approval of the continuance of the Declaration of Local Emergency.

SCHEDULED MATTERS

20. Consideration of Appointments to the Animal Control Commission Re: Considering the appointments to the Animal Control Commission.

21. Wholly-Local Cannabis Adult-Use Dispensary Request for Proposals Re: Consideration of the Request for Proposals process for wholly-local cannabis retail dispensary operating permit, and the scheduling of a Special Meeting of City Council for Monday, October 24, 2022 at 6:00 P.M. to interview the qualified respondents.

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of October 18, 2022 at 5:30 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: 1. Fall Community Clean-Up Event
SOURCE: Public Works
COMMENT: To encourage local property maintenance and community beautification, the City sponsors two clean-up events every year; one in the Spring and one in the Fall. These events offer City residential refuse customers free disposal of general trash, bulky items, woodwaste, yard clippings, and e-waste at the City's Corporation Yard. City residents are required to bring a current City of Porterville refuse bill as proof of residency. Business or commercial waste is not allowed. Trailers will be limited to no longer than ten (10) feet, and participants will be required to unload their own vehicle. Items not accepted will include household hazardous waste, tires, refrigerators, and oversized auto parts.

The next clean-up event is scheduled for October 15, 2022, as approved by the City Council at its meeting on February 15, 2022. This event will occur from 8:00 a.m. until 2:00 p.m. As in the past, the events are open to all residents receiving City residential refuse service. The cost for this event is funded through the Solid Waste Operating Budget.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Fall 2022 Clean-Up Event Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
2022 COMMUNITY CLEAN-UP &
SATURDAY, OCTOBER 15, 2022
FROM 8:00 AM to 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
FOR MORE INFORMATION CALL 559-782-7513 OR VISIT WWW.CI.PORTERVILLE.CA.US

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

Participants will be required to unload their own vehicle.

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

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

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

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

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

FALL FREE

DISPOSAL EVENT

TULARE COUNTY HOUSEHOLD HAZARDOUS & E-WASTE
One Day Clean-Up Event at Tulare County Fire Station,
22315 Ave 152, Porterville, from 8:00 a.m. to 12:00 p.m.  No agricultural or business waste, explosives, radioactive materials, biowaste, or asbestos will be accepted.  By law, an individual may not transport more than 15 gallons or 125 pounds of hazardous waste to a mobile collection facility.  For more information, call Tulare County Environmental Health:
(559) 624-7400 or visit www.tularecountyeh.org
 For a list of used oil collection centers near you, call 1-800-CLEANUP These Items May Be Disposed Of
At No Cost:
 Computers/Monitors
 Cell Phones/Televisions
 Automotive Batteries
 Automotive Fluids & Anti- freeze
 Fluorescent Lamps & Tubes
 Garden Chemicals/ Pesticides
 Household Batteries
 Household Cleaners/Poisons
 Pool Chemicals
 Paints/Solvents/Aerosol Cans
 Used Motor Oil & Filters/ Gasoline
2022 EVENTO COMUNITARIO DE
SÁBADO, OCTUBRE 15, 2022
DE 8:00 AM a 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
PARA MAS INFORMACIÓN LLAME AL 559-782-7513 O VISITE WWW.CI.PORTERVILLE.CA.US

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

Los participantes deben descargar su propio vehículo.

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

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

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

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

Residuos Peligrosos Del Hogar (Pilas, Pinturas de Látex, Aceite y Filtros de Aceite, Lámparas Fluorescentes, Llantas, Refrigeradores, Partes de autos de tamaño grande (Cabina, Plataforma de Camioneta, etc.)
OTOÑO GRATIS
LIMPIEZA Y ELIMINACIÓN
RESIDUOS PELIGROSOS DOMÉSTICOS & ELECTRÓNICOS DEL CONDADE TULARE Evento de Limpieza de Un Día en la Estación de Bomberos del Condado de Tulare,
22315 Ave 152, Porterville, 8:00 a.m. - 12:00 p.m.
 No se aceptarán residuos agrícolas o empresariales, explosivos, materiales radiactivos, biorresiduos o amianto.
 Es contra la ley, que una persona transporte más de 15 galones o 125 libras de desechos peligrosos a una instalación móvil de colección.  Para más información, llame al Departamento de Salud Ambiental del Condado de Tulare: (559) 624-7400 o visite www.tularecountyeh.org  Para obtener una lista de los centros de recolección de aceite usados cerca de usted, llame al 1-800-CLEANUP.

Se Puede Deshacerse de Estos
Artículos Sin Costo Alguno:
 Computadoras/Pantallas
 Teléfonos Celulares/Televisores
 Baterías de Automóviles
 Fluidos y Anticongelantes para Áutomóviles
 Lámparas y Tubos Fluorescentes
 Químicos de jardín/ pesticidas
 Pilas
 Limpiadores Domésticos/Venenos
 Químicos para Piscina
 Pinturas/Disolventes/Contenedores de Aerosol
 Aceite y Filtros de Aceite/Gasolina
Item No. 1.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Code Enforcement Vehicle Purchase
SOURCE: Fire
COMMENT: With the adoption of the City's 2022-2023 Fiscal Year budget, the City Council approved the hiring of two new full-time Code Enforcement Officers. At this time, the Fire Department needs to purchase two vehicles to accommodate these positions.

In light of the nationwide shortage of new vehicles due to supply chain issues, staff has been challenged to find vendors willing to commit to a contracted estimate for vehicles. As a result, staff cannot rely on an opportunity to purchase vehicles through the State of California vehicle procurement process.

This will likely result in increased costs associated with the vehicles. For example, the Manufacturer Suggested Retail Price (MSRP) for a 2023 Chevy Silverado with 4-wheel drive is approximately $55,000.

Staff is requesting that the Council authorize staff to negotiate for the purchase of these vehicles up to a cost of $62,000 per vehicle, which is based on the MSRP plus tax, license, and applicable fees, as well as up to $20,000 per vehicle for all the necessary equipment, including emergency lights, radios, and other tools required to place the vehicles into service. The vehicles will be negotiated either separately or as a unit through a process requesting quotes from not less than three vendors. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase, at a total price not to exceed $90,200 per vehicle.

The Department's Measure I budget for Fiscal Year 2022-2023 includes a $50,000 appropriation for a new vehicle. An additional $40,200 is needed to purchase one new vehicle and the necessary equipment. Staff also requests the Council's approval to purchase the other vehicle from revenue that will be generated from the cannabis dispensaries to open the 2022 calendar year.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate for the purchase of two vehicles up to a cost of $62,000 per vehicle, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees;

2. Authorize staff to negotiate up to $20,000 per vehicle for all the necessary equipment, including emergency lights, radios, and other tools required to place the vehicles into service. The Item No. 1.
vehicles will be negotiated either separately or as a unit through a process requesting quotes from not less than three vendors;

3. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase, at a total price not to exceed $90,200 per vehicle; and

4. Approve the appropriation of $90,200 in the Fire Department's General Fund budget from revenues to be generated by cannabis dispensaries and an additional appropriation of $40,200 from Measure I Funds.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager
Item No. 2.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Authorization to Purchase Specialized Equipment - Blower Magnetic Bearing Controller
SOURCE: Public Works
COMMENT: The City's Wastewater Treatment Facility (WWTF) is seeking authorization for the purchase of two magnetic bearing controllers to replace the damaged bearing controller on Blower #2. The bearing controller failure is most likely due to voltage sag issues, surges, and brownouts which increase the fatigue on the controller. Due to long lead times on equipment deliveries caused by supply chain shortages, the WWTF is requesting the purchase of two controllers. One controller will replace the damaged controller on Blower #2. The second controller will provide reinforcement in the event of another controller failure.

The bearing controller is a vital part of the aeration system which supplies oxygen to microorganisms which remove organics and suspended solids from the wastewater stream.

Kaeser Compressors is the sole source for Pill Aerator parts and has provided a quote in the amount of $14,870 for two replacement bearing controllers. Staff is requesting City Council authorization to purchase the replacement bearings for a do not exceed amount of $18,421 which includes taxes, freight and a ten percent (10%) contingency from Kaser Compressors. Funding for the purchase of this equipment is from the Wastewater Operating Fund.

RECOMMENDATION: That City Council:

1. Authorize the purchase of a new magnetic bearing
controller for a not to exceed amount of $18,421 which
includes taxes, shipping and a ten percent (10%)
contingency from Kaeser Compressors;

2. Direct the Finance Director to initiate a Purchase Order to Kaeser Compressors for a not to exceed amount of
$18,421 which includes taxes, freight and a ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Kaeser Compressors upon receipt of the invoice approved by the Public Works Director.

ATTACHMENTS: 1. Kaeser Compressors Quote
Item No. 2.

Appropriated/Funded:

Review By:

Department Director:

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

Item No. 3.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Authorization to Repair Raw Sewage Pump #1
SOURCE: Public Works
COMMENT: The City's Wastewater Treatment Facility (WWTF) is requesting authorization for the repair of influent pump #1. The influent pump is one of four Flygt pumps used by the WWTF to lift the incoming wastewater to ensure proper gravity flow through the facility. The four raw sewage pumps provide the City reinforcement in the event of equipment maintenance or failure. The raw sewage pumps are crucial to the overall operation of the sewer system and WWTF.

Shape Incorporated is the authorized repair facility for Flygt pumps in the area.

Shape Incorporated has submitted a quote of $18,097 for the repair of influent pump #1 which does not include taxes or a ten percent (10%) contingency.

Funding for the repair is available in the Wastewater Operating Budget.

RECOMMENDATION: That City Council:

1. Award the repair of influent pump #1 to Shape Incorporated for a do not exceed amount of $21,419 which includes taxes and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Shape Incorporated for a do not exceed amount of $21,419 which includes taxes and a ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Shape Incorporated upon receipt of an invoice approved by the Public Works Director.

ATTACHMENTS: 1. Shape Incorporated Quote
Appropriated/Funded:

Review By:

Department Director:

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






  





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Item No. 4.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Authorization to Advertise for Bids - Akin and Central Mutual Water System Improvement Project
SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Akin and Central Mutual Water System Improvement Project. The Akin water system is located in the area of Lincoln Street at Fourth Street and north of Gibbons Avenue. The Central Mutual water system is located in the area of South Kessing Street at Gibbons Avenue. The project consists of the installation of new water lines and connections, the removal of old and/or temporary water system lines, the installation of fire hydrants, water meters, and backflows, and the destruction of the water system wells to fully consolidate the water systems into the City's system.

The City's consultant, Dee Jaspar & Associates, has prepared the Estimate of Probable Cost and the total for the two areas is $924,110. An additional $92,411 is necessary for construction contingency (10%). It is anticipated that an additional $138,616 is required for construction management, quality control, and construction surveying (15%), for a total of $1,155,137. Dee Jaspar and Associates was approached by staff to handle the construction management for this project as they did the design and are familiar with the City's water system and requirements of the grant program; Dee Jaspar and Associates is listed on the City's On-Call Engineering and Surveying Services Consultant List, adopted by MO #04-041922. The price for their work is included in the previously detailed totals.

Funding is provided by reimbursement of the State Water Resources Control Board and the Funding agreement was approved by the City Council at its meeting on June 1, 2021.

RECOMMENDATION: That City Council:

1. Approve Staff's recommended Plans and Project Manual; and

2. Authorize staff to advertise for bids on the project.

ATTACHMENTS: 1. Engineer's Estimate - Akin

2. Locator Map - Akin

3. Engineer's Estimate - Central Mutual

4. Locator Map - Central Mutual
Item No. 4.

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
DEE JASPAR & ASSOCIATES, INC.

CONSULTING CIVIL ENGINEERS
2730 Unicorn Road, Bldg. A
Bakersfield, CA 93308
PHONE (661) 393-4796
FAX (661) 393-4799
Item Quantity Unit Unit Price Amount
1 1 LS $30,000 $30,000
2 980 LF $150 $147,000
3 1 EA $8,500 $8,500
4 3 EA $4,000 $12,000
5 26 EA $2,700 $70,200
6 1,000 SF $10 $10,000
7 5,500 SF $6 $33,000
8 4 EA $7,500 $30,000
9 1 LS $10,000 $10,000
10 1 LS $30,000 $30,000
11 1 LS $10,000 $10,000
12 1 LS $8,000 $8,000
Subtotal $398,700
10% Contingency $39,870
Total $438,570
April 19, 2022
Engineer's Cost Estimate
City of Porterville
Mobilization, Demobilization, Clean-up
Akin Water System Improvement Project
Item Description
Furnish and Install Air Release Valve Assembly
Furnish and Install 8-inch Underground Water Line
Remove Existing Temporary Water Service & Backflow
Asphalt Pavement Removal and Replacement
Furnish and Install Fire Hydrants
Abandon & Destroy Well #1
Connection to Existing Water Line
Furnish and Install Underground 8-inch Gate Valve
Furnish and Install 1-inch Service Laterals
Remove and Replace Concrete Sidewalks & Driveways
Abandon & Destroy Well #2

AKIN WATER COMPANY
DEE JASPAR & ASSOCIATES, INC.

CONSULTING CIVIL ENGINEERS
2730 Unicorn Road, Bldg. A
Bakersfield, CA 93308
PHONE (661) 393-4796
FAX (661) 393-4799
Item Quantity Unit Unit Price Amount
1 1 LS $30,000 $20,000
2 1,370 LF $150 $205,500
3 1 EA $10,500 $10,500
4 2 EA $4,500 $9,000
5 33 EA $2,800 $92,400
6 4 EA $8,500 $34,000
7 1 LS $30,000 $30,000
8 500 LF $80 $40,000
Subtotal $441,400
10% Contingency $44,140
Total $485,540
August 31, 2022
Engineer's Cost Estimate
City of Porterville
Mobilization, Demobilization, and Clean-up
Central Mutual Water System Improvement Project
Item Description
Furnish and Install Air Release Valve Assembly
Furnish and Install 8-inch PVC Piping and Appurtenances Fill Well with 10-Sack Cement Slurry
Furnish and Install Underground 8-inch Gate Valves and Valve Box Assemblies Furnish and Install 1-inch Service Lateral
Furnish and Install Fire Hydrant Assemblies
Remove and Dispose of Equipment and Improvements at Existing Well

Item No. 5.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Acceptance of Project - Public Safety Building Storage Project SOURCE: Engineering and Project Management
COMMENT: S&B Sons, Inc., has completed the Public Safety Building Storage Project per plans and specifications. The project consisted of the construction of a 636- square foot insulated metal storage building and the required fire protection apparatuses.

Staff tracks construction costs of all Capital Improvement Projects and reports project construction expenditures when the project is accepted by City Council.

At its meeting on July 20, 2021, the Council authorized an expenditure of $181,300 for construction, construction management, quality control and inspection services for this project. The following itemizes the construction related costs in three categories: 1) the main construction contract, 2) the fire protection contract, and 3) a combination of construction management and quality control.

1. Final main construction cost is $164,150

2. Final fire protection cost is $5,269

3. Construction management, quality control and inspection service costs are $1,202.50
Total project construction costs equate to $170,621.50, which is less than the $181,300 overall budget approved by Council at the time of award. The funding for this project is from Measure I funding.

S&B Sons, Inc., requests that the City Council accept the project as complete.

Staff reviewed the work and found it acceptable.

RECOMMENDATION: That City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion; and

3. Authorize the immediate release of the final payment, provided no stop notices have been filed.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Item No. 5.

Review By:

Department Director:

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

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462
0 50 100 200
SCALE: 1"=100'

PROJECT
AREA

PORTERVILLE

PUBLIC SAFETY

BUILDING S JAYE STREET

W EL RANCHO WAY

W MONTGOMERY AVENUE W MONTGOMERY AVENUE
Item No. 6.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Award of Contract for Consulting Services for Local Early Action Planning Grant South of Tule River Specific Plan
SOURCE: Community Development
COMMENT: At its meeting on January 19, 2021, the City Council authorized staff to apply for the Local Early Action Planning (LEAP) program with the South of Tule River (SoTu) Specific Plan as the City’s project. The project area is located south of the Tule River and between State Route 65 and Westwood Street. The City’s application for $300,000 was approved by the State of California to complete a specific plan that would facilitate logical development of the project area. The specific plan is intended to assist in the planning of land use and transportation improvements in the project area, including the development of bridges across the Tule River at both Newcomb and Prospect Streets, as well as a roundabout to provide a connection to State Route 190 at Newcomb Street.

At its meeting on July 19, 2022, the Council authorized staff to distribute a Request for Proposals (RFP) for consultant services to undertake the drafting of the Land Use and Circulation Elements for the Draft SoTu Specific Plan and associated entitlements and environmental review. The RFP was open from July 22 to August 29, 2022. The City received one response to the RFP from Precision Civil Engineering, Inc. Precision Engineering, Inc. has the desired qualifications and proposed a scope of $264,374 to complete the project.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate a contract with Precision Engineering, Inc. to complete the Land Use and Circulation Elements for the Draft SoTu Specific plan and associated entitlements and environmental review; and

2. Authorize the Community Development Director to execute the contract.

ATTACHMENTS: 1. Request for Proposals
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Item No. 6.

Final Approver: John Lollis, City Manager

REQUEST FOR PROPOSALS
South of the Tule River (SoTu) District Specific Plan Preparation Services A Local Early Action Planning Grant Project
July 2022

PREPARED BY:

CITY OF PORTERVILLE

DEPARTMENT OF COMMUNITY DEVELOPMENT
291 N. MAIN ST
PORTERVILLE, CA 93257
July 2022

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 2 | P a g e

INTRODUCTION
The City of Porterville (City) is seeking the services of a qualified full-service planning consulting firm to prepare the Land Use and Circulation Elements of the SoTu (South of the Tule) District Specific Plan and associated environmental documents. Under the Fifth Cycle of the Regional Housing Needs Assessment, the City of Porterville was allocated 3,196 units; as of January 1 of this year, the City still has 2,800 units remaining under the current scheme. At the time of preparation of this Request for Proposals, the Tulare County Association of Governments has not formally concluded the Regional Housing Needs Allocation process for the Sixth Cycle yet; however, the City is expecting an overall allocation of 4064 units. It is expected the City will be allocated between 1,260 to 1,503 affordable units. Presently, the project area is approximately 420 acres of undeveloped agricultural county land with pockets of single-family residences located adjacent to the City’s current city limits. The SoTu Specific Plan will be integral in the City’s efforts to meet housing production goals in the coming years.

Concurrently with the preparation of the SoTu Draft Specific Plan, the City will also be undertaking a comprehensive update to the Development Ordinance using Regional Early Action Planning Grant funds as well as undergoing a multijurisdictional Housing Element Update. These efforts will have an impact on the Draft Specific Plan that will require coordination with Staff and other consultants.

The area is pre-zoned for low density residential uses with a few acres pre-zoned for commercial centers. The primary goal is to provide the necessary framework to guide development of the area as it transitions from agricultural land to a vibrant, distinct, and multi-modal district of mixed densities and uses that is attractive to residents and visitors to live, work, explore, and shop there.

Located at the base of the Sierra Nevada foothills in Tulare County, the City of Porterville has an approximate population of over 62,000 within 18.77 square miles. Porterville is the quintessential all American community with annual festivities and parades, nationally recognized schools, community fair, historic Downtown, and serves as the gateway to the Giant Sequoias of the Sierra Nevada.

PROJECT BACKGROUND
Due to historic development patterns, the City of Porterville’s housing stock is largely made up of detached single-family residences, accounting for nearly 75% of residential units.

While the detached, single-family residence is a cornerstone of Porterville’s character, rising housing costs, decreasing availability of developable land and housing needs of the community has necessitated the need to plan for higher-density housing. Diversification of the housing stock is needed to satisfy the needs of a wide array of potential residents.

While there is undeveloped land within Porterville’s existing city limits, several of the areas are located on the eastern side of the City. These areas contain expansive adobe clay soil that requires cost prohibitive site preparation measures in order to get these sites ready for construction. Additionally, other physical factors affect the growth of the community such

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 3 | P a g e
as State Route 190, State Route 65, the Tule River, Porter Slough, the former Santa Fe Railroad, Friant-Kern Canal, Scenic Heights, East Porterville, farm land, Rocky Hill and surrounding slopes. As a result, the City is lacking in flat or gradually sloping land with good soil conditions for construction. The proposed SoTu District’s location on the southwestern edge of the City along the Tule River facilitates prime development opportunities due to its gentle slope and loamy soil conditions.

The project area is exclusively defined as the area bounded to the west by Westwood St., SR 65 to the east, SR 190 to the south, and the Tule River to the north. Of the approximately 420 acres contained within the project area, about half are not within the City’s Urban Development Boundary and will require a Sphere of Influence Amendment with Tulare County LAFCo in order to complete the entitlements process prior to development.

Proposed South of the Tule District Area
Parcel APN Acreage Zoning GPLU
A (Portion) 259-150-001 9.14 RS-1 Parks
B 259-030-031 66.62 RS-1 Parks/Public/Low
Density Res.

C 259-270-004 28.67 RS-1 Parks/Public/Retail
Center
D 259-030-011 75.84 RS-1/CR/RS2Parks/LRD/RC
E 259-040-041 39.34 RS-2 Parks/LRD
F 259-040-044 103.53 RS-2 Parks/LRD
G 259-040-028 1.00 RS-2 LRD
H 259-040-027 1.05 RS-2 LRD
J 259-040-026 1.00 RS-2 LRD
K 259-040-025 1.02 RS-2 LRD
L 259-040-043 1.65 RS-2 LRD
M 259-040-042 1.65 RS-2 LRD
N 259-040-045 25.13 RS-2 LRD
O 259-040-046 1.25 RS-2 LRD
P 259-040-010 0.06 RS-2 LRD
Q 259-040-039 50.94 RS-2 LRD
R 259-320-001 3.55 RS-2 Parks/LRD
S (Portion) 259-370-058 1.01 RS-2 Parks
T (Portion) 259-320-002 9.44 RS-2 Parks/LRD
Total 421.89 acres

GOALS
The goal is to develop elements of a specific plan to facilitate the development of the SoTu project area as it develops from agricultural and rural residential land into a new district with a mix of residential, commercial, public and open space uses. The Specific Plan would not only provide overarching guidance and broad policy concepts, but also provide

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 4 | P a g e
information on type, location, and intensity of uses; define capacity and design for necessary public improvements; and determine the resources necessary to finance and implement infrastructure needed to support the development of the project area. The two most critical components of the Specific Plan that are to be drafted under this program are: 1.) the Circulation Element policies and implementation framework to ensure connectivity (evaluating proposed bridge at Tule River and Newcomb St and proposed roundabout at SR190 and Newcomb St.) and integration into established areas of Porterville while also emphasizing active transportation; and, 2.) the Land Use element for establishment of mixed-use development and a mix of densities residential districts with single family residential to facilitate housing production and feasibility of the district.

The 2030 General Plan currently designates approximately 237 acres as Low Density Residential with no additional residential designations in the project area. This creates the potential to build 991 dwelling units at a maximum density of 6 du/ac. Draft concepts (Attachments A & B) estimate that this area can accommodate approximately over 2,450 housing units at maximum density while balancing the need for commercial areas and ample dedicated public spaces throughout the District. The concepts are for reference, however, there should be an anticipated gain of residential units greater than the current land use designations.

The two critical components of this draft Specific Plan will be the development of the Circulation Element and Land Use Element. The goal of the SoTu Specific Plan is create a document that will facilitate development as it occurs in the project area in a way that is logical and active transportation-focused. As part of this concept, it is encouraged that there should be an emphasis on reducing trips taken by automobile in favor of active transportation options for intra-district trips.

The City will, based on qualifications presented in response to this RFP, select the firm best able to facilitate the development of the two foundational elements of the SoTu District Specific Plan. The successful firm will be innovative and creative in their approach to the development of the project plan and have demonstrated experience with actively engaging disadvantaged communities to build consensus

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 5 | P a g e

SCOPE OF WORK
The Consultant will develop a final work program in conjunction with City Staff, but the scope of work should include the following:

Consultant RFP Duties:

1. Develop a detailed timeline schedule with milestones leading toward the adoption of the draft elements of the Specific Plan. The preferred completion of the project is Fall 2023.

2. Review existing planning documents, confer with staff about current issues, and prepare a memo of options and approaches.

3. Hold consultative meetings with subject area landowners and community after project kickoff meeting with staff.

4. Draft Specific Plan elements:
a. Circulation Element:
i. Identification of all necessary transportation improvements inside and outside of Specific Plan area that provides
sufficient capacity to support proposed land uses, including the connection to proposed bridge over Tule River at
Newcomb St. and proposed roundabout at SR190 and
Newcomb St.
ii. Roadway network plan that provides for alignments of all local, collector, and arterial type roads within Specific Plan area and to surrounding neighborhoods; special attention paid to potential parking areas along peripherals of the District to encourage active transportation options within SoTu and minimize surface lots in core of district.

Summary of Conceptual SoTu Specific Plan
Residential Gross Acreage(±) Units (±)
Low Density (2.5-6 du/acre) 84.40 135 - 371
Medium Density (6-12
du/acre)

44.00 450 - 1,130
High Density (12-24 du/acre) 21.20 1020 - 2,558
Core MU (30 du/acre max) 26.30 608
Subtotal 234 1,517 - 2,458
Park/Open Space
Parks 109.00 N/A
Public Institutional
Public 8.60 N/A
Commercial
Retail Center 91.00 N/A
Neighborhood Commercial 9.30 N/A

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 6 | P a g e
iii. Development of Class I multi-modal network plan.
iv. Opportunities for future transit service and micro-transit options for within Specific Plan area.
v. Streetscape and Landscape Plan to establish standards and location for landscaped medians, sidewalks, street furniture, and gateway enhancements.
vi. Develop associated diagrams and maps.
b. Land Use Element:
i. Identification of range of housing units by density and type, streets, parks, open space, and community facilities/public and semi-public uses to be located within the district. ii. Focus on land use designations and encourage Missing Middle Housing and higher density residential development. iii. Location of, and general parameters for, land use, buildings, and facilities, and the estimated range for population density. iv. Public spaces to serve both neighborhood residents and residents of other Porterville neighborhoods.

5. Coordinate and complete draft and final California Environmental Quality Act review documents and conduct associated outreach.

6. Coordinate general outreach to gain input from the local community; host a minimum of four (4) general community meetings/workshops (two in Spanish and two in English).

7. Prepare Draft and Final documents for public hearing process. For review and adoption of the Specific Plan the Consultant should attend four (4) in-person City Council meetings, with a contingency for additional in-person meetings; two of which shall be work sessions with the Council.

Budget / Timeline:

Provide an estimated proposed budget and timeline identifying each task, projected hours for completion, and staffing assignment and hourly rates.

Project Manager: Identify the project manager that will be assigned to the project and be the daily contact for the City.

Deliverables:

1. Memo of Options and Approaches

2. Draft Circulation and Land Use Elements

3. Necessary California Environmental Quality Act review documents.

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 7 | P a g e

PROPOSAL REQUIREMENTS

1. To be considered responsive to this Request for Proposal, your submittal should specifically follow the Proposal Outline described in Section 3 below. The body of the proposal, excluding Appendices, should not exceed 50 pages. A letter of transmittal, not to exceed two pages, should be included. As an Appendix, provide full resumes of the Project Team.

2. One (1) digital file of the sealed proposals should be submitted no later than 4:00pm PST on August 29, 2022, to:

Jason Ridenour, Community Development Director
[email protected]
Subject: Proposal for SoTu LEAP Specific Plan

3. The proposal shall be concise and shall not include unnecessary promotional material.

The proposal shall include the following items and be organized as follows:
a. Letter of Transmittal: Describe your firm or team’s interest and commitment in providing consulting services for the City of Porterville. An officer of the Consulting firm who is authorized to contractually bind the firm and to negotiate a contract with the City shall sign the letter. Provide name, title, address, email, and telephone number of this officer.
b. Table of Contents: Each proposal shall include an index to the major topics contained in the proposal and all pages shall be numbered. c. Work Plan and Approach: Discuss your firm’s understanding of the Scope of Work, and with regard to each Scope of Work element, briefly confirm the tasks envisioned to accomplish the element. Describe the method for management of overall project costs, schedule, quality assurance/quality control, and other issues critical to this project.
d. Deliverables: Describe the expected deliverables to the City of Porterville. e. Key Personnel Background: Name, position, summary of qualifications, related experience, Spanish language fluency, and proposed responsibilities of project manager and key personnel. Resumes should be attached to the proposal in the appendices.
f. Team Experience: Listing of similar projects or efforts completed in the last five years. Include the following information:
i. Client name, location of project, point of contact, and contact information
ii. Description of project and year of completion
iii. Key personnel involved
g. References: Provide at least three references (name, company title, address, email, and telephone number).

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 8 | P a g e
h. Personnel Allocation: Consultant shall provide an estimate of the required personnel hours by task and job title in the proposal for the tasks described in the scope of services. This information is not meant as a fee proposal, but only an indication of the level of effort envisioned for completion of the project. i. Cost: Provide a complete summary of the estimated number of consulting hours, schedule of hourly rates for each classification, and total not-to-exceed cost of ancillary costs, including travel (if applicable) for the Scope of Services to be performed.
j. Contractual Requirements: Provide evidence that the individual(s) submitting the proposal are authorized to commit the proposing firm for the completion of the work. Provide any comments or exceptions to the City’s standard Agreement.

4. Please also note that applicants shall comply with the following terms:
a. A copy of the City’s standard professional services agreements is attached for your information
b. The consultant shall procure the insurance as specified in the agreement c. Business License: In accordance with Section 15-5 of the Porterville Municipal Code, prior to the start of work, the Contractor/Consultant shall obtain a City of Porterville Business License. Additional Business License information is available at
http://www.ci.porterville.ca.us/depts/Finance/BusinessLicense.cfm. Current fee rates are available by contacting the City of Porterville Finance Department at (559) 782-7457.
d. Comments, if any, concerning the terms and conditions in the form of contract included. If no comments are made in the proposal, it will be assumed that the Consultant will sign the attached contract.
e. The City of Porterville reserves the right to reject any and all proposals, to waive any informality in any proposal, to select the proposal which appears from all consideration to be the most economical and advantageous to the City, and to make sure final selection and award for any other reason deemed to be in the best interest of the City of Porterville.

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. The proposal shall conform to the Proposal 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

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 9 | P a g e
proposed agreement shall be assumed to have agreed to execute said agreement, without changes, which will be a condition precedent to being retained by the City.

At the conclusion of the evaluation and interview (or if a best-qualified firm is selected without the need for an oral presentation), the City will enter into contract negotiations with the top-ranking firm. If negotiations with the top-ranking firm are unsuccessful, negotiations will terminate and the City will undertake negotiations with the second ranked firm. City Staff will make recommendations to the Porterville City Council, which reserves the right to reject any or all proposals. The selection process will be completed when a contract is executed.

Furthermore, the City reserves the right to reject any or all proposals, and to waive any and all irregularities to choose the firm which, in the City’s opinion, best serves the City’s interests. The City reserves the right to extend submission due date; to modify, amend, reissue or rewrite this document; and to procure any or all services by other means.

The City will not be liable for any costs incurred by the consulting firms’ incidentals to the preparation of proposals or for developing and carrying out interview presentations, if needed. Submission of a proposal indicates acceptance by the firm of the conditions contained in this Request for Qualifications (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 on the following criteria, where the highest possible score is 110 points:
a. Capability to perform all or most aspects of the project: 15 pts. b. Recent experience in projects comparable to the proposed project and in specialized areas associated with the project: 20 pts.
c. Firm's reputation for professional integrity and competence, as well as demonstration and understanding of potential problems and the City’s special concerns: 10 pts.
d. Key personnel's professional background and caliber: 20 pts. e. Demonstrated ability to meet schedules or deadlines: 10 pts. f. Demonstrated ability to complete projects without having major cost escalations or overruns: 5 pts.
g. Quality of previously undertaken projects: 15 pts.
h. Evidence that the consultant is an equal opportunity employer: 5 pts. i. Demonstrated experienced working in SB535 Disadvantaged Communities and multicultural communities: 10 pts.

All proposals received in response to this RFP shall become property of the City and become a matter of public record, except for those parts of each proposal which are defined by the consultant as business or trade secrets, provided that the said parts are submitted in a sealed envelope and clearly marked as “confidential” or “proprietary”.

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 10 | P a g e
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
• 2015-2023 Adopted Housing Element and Appendices
• 2030 General Plan

RFP SUBMISSION DEADLINE
• All electronic RFP responses must be received by the Community Development Department by 4:00 p.m. on August 29, 2022. Responses received after the specified time and date will not be considered.
• Please label email subject line as: Proposal for SoTu Specific Plan. • Electronic proposals should be directed to Jason Ridenour at [email protected]

CONSULTANT INQUIRIES
For further information or inquiries about this RFP, please contact:

City of Porterville, Community Development Department
Jed Hackett, Assistant Planner
291 N. Main Street
Porterville, CA 93257
559.782.7460
[email protected]
Thank you for your interest in proposing this project.

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 11 | P a g e

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 South of Tule River (SoTu) Specific Plan 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:

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

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 12 | P a g e
employee of CITY. CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Professional Liability Insurance
Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and consultant agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this agreement.
(ii) General Liability
Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
(iii) Auto Liability
Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident.
(iv) Worker’s Compensation
Consultant shall maintain Worker’s Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(v) Indemnity for Professional Liability
When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, including the cost to defend and hold harmless City and any of its

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 13 | P a g e
officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal consultant’s fees and costs but only to the extent the Consultant (and its Sub-Consultants) are responsible for such damages, liabilities, and costs on a comparative basis of fault between the Consultant (and its Sub-Consultants) and the City in the performance of professional services under this agreement.
(vi) Indemnity for Other than Professional Liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, including legal Consultant’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

SECTION 6. WORKMANSHIP AND MATERIALS:

Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.

SECTION 7. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 8. AFFIRMATIVE ACTION:

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 9. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY'S "Conflict of Interest Code." Said code is in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required

CITY OF PORTERVILLE SOTU DISTRICT SPECIFIC PLAN REQUEST FOR PROPOSAL 14 | P a g e
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 _________________________ CITY OF PORTERVILLE SOTU SPECIFIC PLAN REQUEST FOR PROPOSAL 15 | P a g e CITY OF PORTERVILLE SOTU SPECIFIC PLAN REQUEST FOR PROPOSAL 16 | P a g e

Item No. 7.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Authorization to Execute Consultant Agreement with RRM Design Group SOURCE: Engineering and Project Management
COMMENT: At it's meeting on September 6, 2022, the City Council authorized staff to begin negotiations for a scope and services contract with RRM Design Group for the design of the Fourth Street Community Center and Park Project. The contract also includes support during the bidding and construction phases.

Staff was able to negotiate design services for the Fourth Street Community Center and Park Project at a not to exceed price of $927,438 and construction support services at a not to exceed price of $222,175 for a total consultant price of $1,149,613. Funding for the design and a large part of the construction of this project is provided from a grant through the Department of Parks and Recreation's Statewide Park Development and Community Revitalization Program of 2018 and delivery is time sensitive, making the delivery of construction plans and specifications imperative to the project's success.

Staff has found the negotiated price acceptable.

RECOMMENDATION: That City Council:

1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the Fourth Street Community Center and Park Project with RRM Design Group in the amount of $1,149,613; and

2. Authorize progress payments up to one hundred percent (100%) of the fee amount.

ATTACHMENTS: 1. Draft Service Agreement

2. Scope of Services

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Item No. 7.

Rev. 2013-02-19

SERVICE AGREEMENT
DATE: October 4, 2022
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and RRM Design Group, 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: Fourth Street Community Center and Park Project Description of Project: In general, the consultant will be provide professional services for the Fourth Street Community Center and Park Project. Details are summarized in the Scope of Services.

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 attached proposal.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed One Million One Hundred Forty-Nine Thousand Six Hundred Thirteen Dollars ($1,149,613).

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 services shall be completed by (date). City agrees that Consultant shall not be responsible for delays caused by factors beyond Consultant’s reasonable control. 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:

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 during the term of this agreement, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and Service Agreement

(iv) Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT. (v) To the fullest extent permitted by law, and subject to California Civil Code Sec 2782.8, CONSULTANT agrees to indemnify, including reimbursement of the reasonable cost to defend, City, its elected and appointed officers and employees, from and against any and all costs, or liability to the extent that are found to arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of City or any third part for acts City may be liable. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.

However, if one or more defendant/s is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs and reallocate as allowed by law or stature. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

SECTION 6. WORKMANSHIP AND MATERIALS:

Every part of the work herein described shall be executed in a professional manner consistent with the skill and care ordinarily exercised by members of the same profession currently practicing under similar conditions in the same or similar locate with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY upon Consultant’s receipt of payment in full for the services rendered under this Agreement. CONSULTANT hereby warrants that any materials prepared under this agreement shall meet the professional standard of care contemplated by the parties.

SECTION 7. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 8. AFFIRMATIVE ACTION.

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 9. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code.” Said code is in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required 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.

Service Agreement

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 work completed, except CITY can withhold damages incurred as a result of the termination to the extent that the damages are determined to be Consultant’s fault through mediation.

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
Javier Sanchez, Jr, Eng & Proj Mngmt Dir.

Date October 4, 2022 Date
3765 S. Higuera St., Ste. 102 • San Luis Obispo, CA 93401 p: (805) 543-1794 • f: (805) 543-4609
www.rrmdesign.com
a California corporation  Lenny Grant, Architect C26973  Robert Camacho, PE 76597  Steve Webster, LS 7561  Jeff Ferber, LA 2844 September 28, 2022
Transmitted via email: [email protected]
Ms. Sarah Weaver, Project Manager, Engineering Division City of Porterville
291 N. Main St.

Porterville, CA 93257
Re: Fourth Street Community Center and Park Design Services Proposed Scope of Services
Dear Sarah,
The following is RRM Design Group’s (RRM) scope of services for providing design and construction support for the Fourth Street Community Center and Park. The Community Center and Park will create a new place of community engagement, joy, and pride, providing needed services and programs to support the community of Porterville. We are excited to partner with the City and our team of consultants.

PROJECT UNDERSTANDING
The following scope of services is based on the Request for Qualifications for Design Services issued in June 2022 and our subsequent scoping meeting with you and Donnie Moore. The limits of work include the eastern boundary of the existing Rails-to-Trails Parkway running north to south, Henderson Avenue on the north, and bounded by the existing properties on the east.

The main elements of design will include:
• Multi-use community center building, approximately 18,000 sf. o Restrooms for park users will be provided in the main building • ADA accessible playground
• Splash pad
• Challenge course
• Public art wall
• Mini pitch soccer arena, 60’x100’
• Outdoor exercise equipment
• Premanufactured picnic shelter
• Pump track
• Parking lot
• Landscaping and irrigation
• Site lighting
Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

We assume that the project will be bid as a complete project (single phase) but will include bid alternates to hedge against unpredictable bid results. If the City chooses to issue phased plans (in other words, multiple drawing sets), that will be subject to additional fees which we will negotiate at the time that decision is made.

TASK SUMMARY
Task A: Topographic Survey and Boundary Survey
Task B: Geotechnical Investigation
Task C: Schematic Design
• Subtask C.1: Program Verification and Conceptual Design • Subtask C.2: Schematic Design Drawings
• Subtask C.3: Schematic Design Cost Estimate
Task D: Design Development Documents
• Subtask D.1: Design Development Drawings
• Subtask D.2: Design Development Cost Estimate
Task E: Construction Documents
• Subtask E.1: 50% Construction Documents and Outline Specifications • Subtask E.2: 50% Construction Cost Estimate
• Subtask E.3: 90% Construction Documents and Specifications • Subtask E.4: 90% Construction Cost Estimate
• Subtask E.5: 100% Construction Documents and Specifications (Permitting) Task F: Quality Control Review
Task G: Project Coordination and Meetings
Task H: Building Commissioning (per CBC)
Task I: Photovoltaic and Battery Back-Up (per CBC)
Task J: Audiovisual
Task K: SWPPP
Task L: Bidding Assistance
Task M: Construction Support
Task N: Drawings of Record
Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

DETAILED SCOPE OF SERVICES
Task A: Topographic Survey and Boundary Survey
The topographic survey will locate the visible physical features within the project limits such as buildings, fences, gates, vaults, trees, parking areas, pavements, and ground elevations.

Grades will be taken at an approximate 50-foot grid for developed surfaces and 100-foot grid for undeveloped surfaces, but additional measurements will be gathered as necessary to depict the existing improvements. Off-site topographic information will include approximate 50- foot cross sections of the full street width of Henderson Avenue as shown on attached Exhibit B. The drawing will be prepared in AutoCAD Civil 3D 2021 (R2018 .dwg format) at a suitable scale for design purposes. Underground utilities locations such as gas, telephone, cable television, and electric company are included in this proposal to the extent that they can be plotted based on record drawings or surface markings on site provided by the respective utility companies or Client. Surface storm drain and/or sanitary sewer structures will be located, and invert depths will be measured on site. Other storm and sewer structures will be depicted per record drawings if available.

Some of the information for underground utilities within the site (such as utility depths and inverts) may not be accessible without potholing the utility and measuring depths and inverts of the exposed piping. Note, if pot holing is necessary, outside sources will be required to excavate and expose utilities. This work, if required, will be billed on a time and materials basis per the attached fee schedule. Research deeds, record maps, and corner ties pertinent to establish property boundary. Establish horizontal control and locate section corners, centerline monuments, and property corners as necessary to establish property boundary for subject property. No property corners will be set, and no record of survey will be filed with the County of Tulare.

Deliverables:
• Topographic and boundary survey in CAD and PDF format Task B: Geotechnical Investigation
Our investigation at the project site will consist of drilling a total of twelve borings to a minimum depth of five feet and a maximum depth of twenty feet or refusal in the proposed improvement areas.

Borings will be advanced using a 4-1/4-inch I.D. hollow-stem auger attached to a CME-45 and/or CME-75 drilling rig. Earth materials encountered will be logged, classified in accordance with the Unified Soils Classification System, and graphically presented on Test Boring Logs.

Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

Undisturbed and bulk soil samples of representative subsurface soils will be obtained at five-foot intervals. Undisturbed samples will be retrieved using ASTM D1586 for granular soils and ASTM D1587 for cohesive soils. Standard penetration test results will be recorded for each sampling process.

Bores holes will be located in the proposed improvement areas. RRM consultant, Soils Engineering, Inc. (SEI), will stake boring locations for Underground Service Alert North (USAN) utility locating and clearing. A minimum of 72-hours is required for the USAN clearing process.

Bores will be backfilled with trimmings and consolidated with rig hammer.

Laboratory Testing
The following laboratory tests are anticipated:
• Sieve Analysis (ASTM D422 and/or D1140)
• Moisture-Density Determinations (ASTM D2216 & D2937)
• Consolidation Test (ASTM D2435)
• Direct Shear Test (ASTM D3080)
• Expansion Index Test (ASTM D4829)
• Resistant “R” Value Test (CTM-301)
• Corrosivity Analysis – Sulfate (SO4), pH, Chlorides (Cl) The field investigation and laboratory testing will be conducted in accordance with ASTM and State of California test procedures and in accordance with generally accepted soils engineering practices.

Report
The soils engineering report will address the following subjects:

1. Earthwork that may be necessary in the proposed infrastructure areas to reduce the probability of occurrences of excessive differential settlements; recommendations or quality control of imported fill materials where they are required; evaluation and description of subsurface soils for earthwork operations. a. Ground surface preparation in areas to receive Hot Mix Asphalt and Portland Cement Concrete Pavements
b. Recommendations for quality control of imported fill materials where they are required
c. Grading recommendations for site drainage

2. Criteria for design of structure foundations:
a. Most adequate foundations for the proposed structures b. Maximum allowable soil bearing pressures to be used for foundation design with a minimum depth of footings
c. Anticipated total and differential settlements
d. Lateral earth pressures and friction coefficients used for evaluating passive recommendations and friction factors
Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

e. Seismic values per the 2019 California Building Code (CBC) f. Soil corrosivity potential

3. Pavement design recommendations based on the R-value test results Deliverables:
• Geotechnical investigation: field and lab work
• Soils engineering report
Task C: Schematic Design
Subtask C.1: Program Verification and Conceptual Design RRM will work with the City team and stakeholders to identify programmatic elements and qualities, adjacencies, and develop a space needs program and diagram(s) that will be the basis for design of the community center floor plan.

RRM will develop one conceptual design for the park identifying the location of each of the programmatic elements identified in the grant. RRM will share sketched black and white drafts with staff to make sure we are in agreement on the direction. We will incorporate the minor revisions requested during the black and white version prior to preparing a final conceptual design.

The final conceptual design plan will be colored and annotated to meet the needs of the site with consideration given to the site circulation and operational needs of the community center.

Deliverables:
• Facility program document
• One (1) draft preferred concept site plan graphic (black and white, digital and hard copy) • Conceptual building floor plan
• Architectural character study
• Finalize project schedule
• One (1) final conceptual site plan (color, digital format) Subtask C.2: Schematic Design Drawings
With the conceptual floor and site plan defined, RRM will work with the City to verify the program as we prepare the schematic floor plan and schematic site plan. RRM will also prepare image boards to discuss the design character and will prepare schematic massing and building elevations of the community center. Following approval and completion of the center massing and elevations, RRM will complete the schematic design drawings.

Deliverables:
• Architectural site plan
• Architectural floor plan
• Architectural building elevations
Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

• Conceptual renderings
• Architectural building sections
• Coversheet with general notes and Information
• Site plan
• Horizontal control plan
• Grading and drainage plan
• Wet utility plan
• Paving plan
• Off-site demolition/improvements
• Civil details
• Site photo
Subtask C.3: Schematic Design Cost Estimate
RRM’s cost estimator will prepare a preliminary opinion of probable cost for the final conceptual design. Due to the highly conceptual nature of the design, this will not be an engineer’s estimate, it will be a high-level ‘order of magnitude’ opinion of the likely costs of the improvements.

Deliverables:
• One (1) preliminary opinion of probable cost
Task D: Design Development Documents
RRM’s team will prepare a design development package (approximately equivalent to 30% construction documents) based on the City-approved conceptual design. This package will generally contain the following subtasks:

Subtask D.1: Design Development Drawings
Site Improvements
• Design development site plan
• Design development grading plan
• Design development utility plan
• Irrigation mainline routing plan
• Outline technical specifications (CSI format, Divisions 2-33 as required) Community Center Schematics
Based on the City-approved conceptual floor plan, RRM will prepare a schematic design package for the community center, including the following:
• Design development architectural drawings
• Design development engineering drawings
• Design development specifications
Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

Deliverables:
• One (1) submittal of design development package (digital PDF format) • One (1) City review meeting
• Facility program document
Subtask D.2: Design Development Cost Estimate
RRM’s team will prepare a construction cost estimate for the project at the 100% design development stage. The detailed construction cost opinion will break out each component of the scope of service on a line-item spreadsheet with item descriptions and unit costs. Due to many variables surrounding bidding and construction conditions, this opinion will not represent a guarantee that bids received, or actual costs of construction will be equal to the opinion.

Deliverables:
• One (1) update of estimate based on design development drawings Task E: Construction Documents
RRM’s team will prepare plans, specifications, and estimates (PS&E), for the final design of the community center and park. The contents of the PS&E package will be as follows:

Title and Reference Sheets
Title and reference sheets containing general notes, abbreviations, and symbol legends.

Demolition Plan
Demolition plans for structures and elements requiring removal to implement the park design.

The plans will locate, identify, and describe the removal and provide instructions for disposal.

Erosion Control Plan
Erosion control plan for the proposed design that illustrates erosion prevention, sediment control, and stormwater quality management during construction to support the Stormwater Pollution Prevention Plan (SWPPP) prepared by the Contractor.

ADA Accessibility Plan
The accessibility plan will illustrate dedicated accessible route(s), accessible signage, and accessible parking for the project.

Horizontal Control and Site Dimension Plan
The plans will establish all horizontal control for the park by showing coordinates on the California State Plane Coordinate System. The plan will show coordinates on known points (e.g., existing monumentation) and will show coordinates and dimensions at various locations on site to assist the contractor in laying out the site.

Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

Site Wet Utility Plans
Utility plans for water, storm drain, and sewer beginning at the upstream ends of each utility within the project limits. Civil plans will include new wet utility service laterals including domestic water, fire water, sewer, and storm drain if the existing stubs are not suitable to serve the project. This scope of work is included in the offsite construction drawings. The design team intends to coordinate with a vendor to provide pre-packaged and pre-engineered systems.

Additionally, the design team will coordinate with the splash pad vendor to provide the necessary wet utility connections.

Grading and Drainage Plans
The plans will show spot elevations at key points and will use enlarged details where necessary.

Cut and fill quantities will be obtained by performing earthwork modeling and will be used for cost estimating purposes. The site wet utility plans will incorporate the storm drain design. This scope is limited to the project site only and assumes that the existing off-site upstream and downstream storm drain infrastructure has adequate capacity for the proposed site development, and analysis or upgrades to this infrastructure is not included.

Building Plans and Details
Architectural drawings for the community center including plans, elevations, schedules, finishes, and details. This drawing series includes mechanical, electrical, and plumbing. The 100% PS&E submittal will include Title 24 reports.

Construction Plan
Construction plans for the park layout with a keynoting system that identifies all construction items and references to appropriate details. This plan will include and annotate site features, play equipment, hardscape, paving materials, ramps, handrails, fences, and lighting.

Site Electrical/Lighting Plans
Electrical service distribution plans, circuiting, fixture schedules, panel schedules, and electrical calculations as required to provide electrical service for the community center building, site lighting, irrigation controller, and other miscellaneous elements. Preparation of Title 24 Lighting compliance for exterior lighting is included. A new main electrical service is expected for the site and utility coordination is included for the new service. The scope assumes the existing offsite electrical utility infrastructure will support the new site electrical requirements.

Construction Details
Details for all construction items illustrated on the construction plans. The details will specify materials, dimensions, colors, and finishes and will be keyed to the plan. Pavement and flatwork design will be based on the project geotechnical report’s recommendations. Project will utilize City-standard plans and details for curb ramps, sidewalks, signs, driveways, and other hardscape features when possible and if appropriate and applicable.

Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

Structural Details, Calculations, and Shop-Drawing Review Structural plans, details, and calculations for site-built park amenities including stage building, walls, trash enclosure, flagpole footings, and miscellaneous items. The following items are preengineered by their respective manufacturers/vendors and are not included in this scope of services: prefabricated buildings, shade shelters, and playground equipment. These will be handled as deferred submittals after award of the bid; we will review these manufacturer shop drawings upon receipt.

Fire Protection Plans
Fire alarm system drawings for automatic fire alarm detection, fire suppression system drawings, Irrigation Plans and Details
Irrigation plans will detail the system layout, mainline, automatic controller, head layout, piping, filter, and backflow device. In support of the irrigation plans, we will prepare irrigation details that specify the method of construction and proper irrigation system component procedures.

The irrigation plan will comply with the State Model Water Efficient Landscape Ordinance (“MWELO”).

Planting Plans and Details
Layout of all planting indicating plant species, quantity, size and location of all shrubs, ground cover, and trees. In support of the planting plans, we will prepare planting details that specify the method of construction and proper planting procedures.

Specifications
Technical specifications (CSI format, Division 02 through 32, as applicable) will be provided as part of the submittals listed in the tasks below. This scope assumes the City will provide and assemble all general provisions related to this project. The 50% PS&E submittal will include outline specifications only.

Construction Cost Opinions
At each milestone submittal, we will update the construction cost opinion. The detailed construction cost opinion will break out each component of the design with item descriptions and unit costs. Due to many variables surrounding bidding and construction conditions, this opinion will not represent a guarantee that bids received will be equal to the opinion. Unit costs will utilize recent project bid data and any relevant City-provided cost data.

Subtask E.1: 50% Construction Documents and Outline Specifications RRM’s team will prepare a 50% progress submittal for the City to review. The intent of this submittal is to verify that the design direction is aligned with the City’s expectations. The City will provide consolidated comments in writing for the design team to respond to.

Deliverables:
• One (1) submittal of 50% PS&E (digital PDF format)
Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

Subtask E.2: 50% Construction Cost Estimate
At the 50% submittal, we will update the construction cost opinion. The detailed construction cost opinion will break out each component of the design with item descriptions and unit costs.

Due to many variables surrounding bidding and construction conditions, this opinion will not represent a guarantee that bids received will be equal to the opinion. Unit costs will utilize recent project bid data and any relevant City-provided cost data.

Deliverables:
• One (1) update of estimate at 50% construction documents Subtask E.3: 90% Construction Documents and Specifications RRM’s team will prepare a 90% progress submittal for the City to review. The intent of this submittal is to verify that the design direction is aligned with the City’s budget. The City will provide consolidated comments in writing for the design team to respond to.

Deliverables:
• One (1) submittal of 90% PS&E (digital PDF format)
Subtask E.4: 90% Construction Cost Estimate
At the 90% submittal, we will update the construction cost opinion. The detailed construction cost opinion will break out each component of the design with item descriptions and unit costs.

Due to many variables surrounding bidding and construction conditions, this opinion will not represent a guarantee that bids received will be equal to the opinion. Unit costs will utilize recent project bid data and any relevant City-provided cost data.

Deliverables:
• One (1) update of estimate at 90% construction documents Subtask E.5: 100% Construction Documents and Specifications (Permitting) RRM’s team will prepare a 100% PS&E package for submittal to the City for building permit review. The City is responsible for distributing to all relevant departments, consolidating the various comments into a single list document, and reconciling conflicting comments from different plan reviewers.

RRM’s team will update the PS&E package based on City plan-check comments and our internal QA/QC review and resubmit to the City for back-checking. When the plans are approved through all relevant departments, RRM will prepare and package the bid-ready PS&E submittal and submit electronically to the City. Please note that ‘front-end’ specifications are the responsibility of the City including general provisions.

Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

Deliverables:
• One (1) submittal of 100% PS&E (digital PDF format)
• One (1) round of minor back-check comments (digital PDF format) • One (1) final bid package (digital PDF format)
Task F: Quality Control Review
RRM’s team will perform an internal review of the construction documents concurrent with the City’s review of the 100% complete submittal. This QA/QC review process will be performed by senior-level professionals that are not directly involved in the project to provide an independent perspective.

Deliverables:
• Internal QA/QC review
Task G: Project Coordination and Meetings
RRM will prepare for and attend up to nine virtual or in-person City meetings throughout the course of the project. These meetings are intended to provide an opportunity for staff to preview and provide input on the design progress, to address issues that may arise, and for general coordination. These meetings will be scheduled as needed throughout the process. The first meeting includes a site visit attended by key members of the design team to assess the existing opportunities and site constraints related to the project goals. This task also includes overall coordination with the consultant team and vendors of pre-manufactured items such as splash pad or restrooms.

Deliverables:
• Prepare for and attend one (1) site tour
• Prepare for and attend up to eight (8) virtual or in-person meetings with City staff • Team and manufacturer/vendor coordination
Task H: Commissioning per California Green Building Code RRM’s mechanical consultant will be retained to prepare the commissioning documentation required by the California Green Building Code (CBC) to permit buildings over 10,000 sf. This will be submitted to the building department as part of the plan check process. This is a recent new code requirement by the CBC.

Deliverables:
• Commissioning documentation
Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

Task I: Photovoltaic and Battery Backup Per CBC
RRM’s electrical engineer will provide photovoltaic/battery design if new code updates require battery backup for the PV system on the building and if Client prefers to underground adjacent overhead utilities. The new building code is requiring most buildings to provide battery backup.

It is unclear how the community center will be affected; however, we feel it is likely that it may be required to have battery backup. We suggest a review with the building department of upcoming code requirements for a determination. This task accounts for the electrical engineering to accommodate this as well as undergrounding if selected.

Deliverables:
• Photovoltaic and battery design, and construction documentation Task J: Audio Visual
RRM’s audio visual consultant will provide design services for the following:
• Audio visual systems, sound system, assistive listening, paging system • Data structured cabling, Wi-Fi propagation
• Electronic security systems; CCTV camera surveillance, access control, intrusion detection
Deliverables
• Attend up to three (3) 2-hour programming phase meetings with the design team, the City's stakeholders, and other designated representatives to review institutional goals, applicable standards, and preferred approaches that apply to this project. Discuss standard and evolving approaches used by other contemporary facilities to address similar challenges. Discuss design alternatives and opportunities to implement the project goals through a phased approach • It is assumed that the meetings will be conducted via web conferencing • Provide up to one (1) draft and one (1) final programming narrative report encompassing the findings of the above process as it relates to SFMI's scope of work accompanied by concept sketches indicating the areas of alteration required to support the recommended means of implementation
• Provide opinion of probable construction cost, if required • Design of A/V incorporated into Construction Documentation Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

Task K: Storm Water Pollution Prevention Plan (SWPPP)
RRM’s team will prepare a Storm Water Pollution Prevention Plan.

Deliverables:
• SWPPP to comply with California’s General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, State Water Resources Control Board (SWRCB) Order No. 2009-0009-DWQ
• Upload the SWPPP documents to the State’s Storm Water Multiple Application and Report Tracking System (SMARTS)
• Assist Client in setting up his/her account on the State’s SMART system • Three sets of completed hard copy SWPPP documents provided to the Client.

Task L: Bidding Assistance
RRM’s team will assist the City during the bidding phase by participating in a pre-bid conference, evaluating and advising the City regarding substitution requests, and responding to questions from prospective bidders in the form of an addendum.

Deliverables:
• Respond to bidder questions
• Prepare bid addenda, as necessary
• One (1) pre-bid conference with prospective bidders
Task M: Construction Support – 12 Month Construction Duration RRM will assist the City during the construction phase by reviewing and responding to contractor submittals and requests for information (RFI), reviewing and responding to requests by the City or contractor for changes in the work, and observing and advising the City construction administrator regarding construction progress and conformance to the contract documents. We will assist the City in preparing a punch list and advise the City on the status of the project with respect to substantial completion and final completion.

Key members of the design team will attend up to twenty-eight site meetings (every other week for up to 12 months) to address construction-related topics with the project team and generally observe construction progress. We assume the City will facilitate these meetings as desired.

While on site, we will observe construction progress; these visits are not construction inspections, nor are they intended to be an exhaustive check of the contractor’s work. Rather, they are to allow the design team to stay generally familiar with the work in progress and to determine if the work is generally proceeding in accordance with the contract documents.

Design team members will not supervise, direct, or have control over the contractor’s work, nor have any responsibility for the construction means, methods, techniques, sequences, or Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

procedures selected by the contractor, nor for the contractor’s safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the contractor in accordance with the contract documents.

The design team shall not be responsible for any acts or omissions of the contractor, subcontractors, any entity performing any portion of the work, or any agents or employees of any of them. The design team does not guarantee the performance of the contractor and is not responsible for the contractor’s failure to perform work in accordance with the contract documents or any applicable laws, codes, rules, or regulations.

Due to the unknown nature of construction, and uncertainty about the level of involvement the project will require, we are proposing this task as hourly (time and materials, not to exceed). If the required effort is more than anticipated, we will communicate in advance of reaching the contracted amount so that additional services can be authorized in time to ensure there are no disruptions to service.

Deliverables:
• Respond to RFI
• Issue supplemental information/instructions
• Review payment applications
• Review change proposals and change orders
• Prepare field observation reports when needed
• Prepare punch list
• Review of contractor provided “as-built” drawings and operations and maintenance manuals • Review revisions and changes during construction
• Provide comment to contractor regarding missing RFI and ASI items Meetings:
• One (1) pre-construction meeting
• Up to twenty-eight (28) on-site project meetings/construction observations • One (1) preliminary punch list walk-through
• One (1) final construction completion meeting
Task N: Drawings of Record
RRM’s team will review a set of record drawings that is prepared by the contractor during the construction process. We will verify it includes the revisions made during construction to provide the City with a complete record of the project as completed. Changes to the construction drawings will be recorded as PDF markups (Bluebeam software); original AutoCAD files will not be updated.

Deliverables:
• Reproducible record drawing set scan in PDF format
Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

SERVICES AND/OR INFORMATION TO BE PROVIDED BY CLIENT
• Timely review of design submittals
• Distribution of design submittals to all relevant parties, and consolidation of comments into a single list to which we can respond
• “Front end” specifications, including General and Special Provisions, Bid Forms, Instructions to Bidders, etc.
• Payment of fees
• Existing background information and documents including, but not limited to, as-built drawings, utility maps, technical studies, and available water pressure • Third-party playground safety compliance audit
• Irrigation audit
• Horticultural soil testing

LIMITATIONS OF SCOPE AND EXCLUSIONS
Please note that the tasks to be performed by the RRM team are limited purely to those outlined above. Substantive changes requested by the Client or changes in the Client’s program or direction that are inconsistent with prior approvals are subject to additional services fees.

Any additional services that RRM Design Group is asked to perform over and beyond those described above will be billed on a negotiated and Client-approved, fixed-fee, or hourly basis.

The following services or tasks are specifically excluded from the scope:
• Phasing plans/multiple bid packages
• Redesign/value-engineering due to bid results
• Hazardous materials investigation and consulting
• Stand-alone park restroom building
• Synthetic turf athletic field(s)
• Sports lighting
• Post-tensioned concrete slab design
• Arborist services
• Irrigation audit
• Construction management
• Security camera system design
• Photovoltaic system design
• Specialty audio-visual systems
• LEED documentation
• QSP/QSD services
• Foundation design beyond standard foundation systems such as caissons and mat slab • Environmental permitting/CEQA
• Off-site roadway work other than curb, gutter, and sidewalk and driveway aprons Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

TASK AND FEE SUMMARY

TASK DESCRIPTION FIXED FEE
(see footnote A)
Task A Topographic Survey and Boundary Survey $ 16,790
Task B Geotechnical Investigation $ 16,570
Task C Schematic Design
C.1 Program Verification and Conceptual Design $ 31,580 C.2 Schematic Design Drawings $ 90,273
C.3 Schematic Design Cost Estimate $ 5,800
Task C Subtotal $ 127,653
Task D Design Development Documents
D.1 Design Development Drawings $ 158,755
D.2 Design Development Cost Estimate $ 11,520
Task D Subtotal $ 170,275
Task E Construction Documents
E.1 50% Construction Documents and Outline Specifications $ 185,570 E.2 50% Construction Cost Estimate $ 9,760
E.3 90% Construction Documents and Specifications $ 183,730 E.4 90% Construction Cost Estimate $ 7,065
E.5 100% Construction Documents and Specifications (Permitting) $ 71,865 Task E Subtotal $ 457,990
Task F Quality Control Review $ 19,510
Task G Project Coordination and Meetings $ 22,400
Task H Building Commissioning (per CBC) $ 17,226
Task I Photovoltaic and Battery Back-up (per CBC) $ 16,500 Task J Audio Visual $ 10,736
Task K SWPPP $ 5,720
Task L Bidding Assistance $ 26,068
SUBTOTAL: $ 907,438
Estimated Reimbursable Expenses: $ 20,000
ESTIMATED PROJECT TOTAL: $ 927,438
Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

ADDITIONAL TASKS FIXED FEE
(see footnote A)

T&M NTE
(see footnote B)
Task M Construction Support $ 206,805
Task N Drawings of Record $ 15,370
Tasks I and J Subtotal $222,175
Fee Footnotes
A. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced.

B. Estimated fees for tasks shown as “Time and Materials - Not to Exceed" (T&M/NTE) establish the maximum that will be billed for each task. Amounts billed will reflect actual hours and will not exceed the maximum amount shown without prior approval by the Client.

Reimbursable Expenses
Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the Client at actual cost plus 10% to cover its overhead and administrative expenses. Reimbursable expenses include, but are not limited to, reproduction costs, postage, shipping, and handling of drawings and documents, long-distance communications, fees paid to authorities having jurisdiction over the project, the expense of any additional insurance requested by Client in excess of that normally carried by RRM Design Group or its subconsultants, travel expenses (transportation/automobile/lodging/meals), and renderings and models. Reimbursable automobile travel mileage will be billed at the current IRS business standard mileage rate.

Adjustment to Hourly Billing Rates
RRM reserves the right to adjust hourly rates on an annual basis.

Fourth Street Community Center and Park Design Services Scope of Services
September 28, 2022

If you have any questions or require clarification of the scope of services or fees outlined above, please do not hesitate to call us. Thank you again for this opportunity.

Sincerely,

RRM DESIGN GROUP
Lance Wierschem, PLA, LEED AP Lief McKay, ASLA, PLA, LEEP AP Principal Landscape Architect Principal
CA License No. 6210 CA License No.4937
Attachment: Exhibit A-1, Schedule 1
Exhibit B
djp\\corp\rrm\on-site\X-FILES\X-Files-2800\X2883-01-RC22-Porterville-Fourth-St-Community-Ctr\Proposal\Negotiation\Proposal - Porterville-djp-09-19-22.docx EXHIBIT A-1 SCHEDULE 1
Bill Rate Ranges
Subject to change effective March 1st each year

ARCHITECTURE INTERIOR DESIGN
Architect 95 $ - $ Designer I 60 155 $ - $ 95
Associate Manager of Architecture 140 $ - $ Designer II 70 200 $ - $ 120 Design Director 145 $ - $ Interior Designer I 75 240 $ - $ 125 Designer I 70 $ - $ Interior Designer II 90 100 $ - $ 150 Designer II 80 $ - $ Intern 45 125 $ - $ 85
Designer III 95 $ - $ Job Captain 105 150 $ - $ 165
Intern 45 $ - $ Senior Interior Designer 110 85 $ - $ 195 Job Captain 95 $ - $ 150
Manager of Architecture 165 $ - $ 280 LANDSCAPE ARCHITECTURE Principal 185 $ - $ Assistant Designer 70 350 $ - $ 110 Project Architect 115 $ - $ Associate Designer 80 185 $ - $ 125 Project Designer 115 $ - $ Designer 95 185 $ - $ 140
Project Manager 115 $ - $ Design Director 135 185 $ - $ 235 Senior Architect 135 $ - $ Intern 45 235 $ - $ 85
Senior Designer 135 $ - $ Landscape Architect 95 220 $ - $ 145 Senior Project Manager 135 $ - $ Manager of Landscape Architecture 150 240 $ - $ 245 Principal 185 $ - $ 350
ENGINEERING & SURVEYING Principal Landscape Architect 135 $ - $ 235 Associate Engineer 115 $ - $ Senior Landscape Architect 115 170 $ - $ 175 Construction Inspector 105 $ - $ 175
Designer I 55 $ - $ 95 PLANNING
Designer II 75 $ - $ Assistant Planner 90 125 $ - $ 130 Designer III (Structural only) 90 $ - $ Associate Planner 105 135 $ - $ 170 Engineer I 90 $ - $ Intern 45 140 $ - $ 85
Engineer II 105 $ - $ GIS Specialist 80 165 $ - $ 150
Land Surveyor 115 $ - $ Senior GIS Specialist 105 170 $ - $ 185 Manager of Engineering Services 170 $ - $ Manager of Planning 175 280 $ - $ 265 Manager of Surveying 155 $ - $ Principal 185 235 $ - $ 350 Party Chief $ 90 - $ Principal Planner 165 150 $ - $ 250 Principal 185 $ - $ Senior Planner 135 350 $ - $ 205
Project Engineer 125 $ - $ Senior Urban Designer 135 185 $ - $ 210 Project Manager 150 $ - $ Urban Designer 105 245 $ - $ 170 Senior Associate Engineer 130 $ - $ 210
Senior Designer 110 $ - $ 185 CORPORATE SERVICES
Senior Land Surveyor 135 $ - $ Administrative Assistant 60 210 $ - $ 95 Senior Party Chief $ 115 - $ Administrative Coordinator 75 185 $ - $ 130 Senior Project Engineer 140 $ - $ Assistant Office Manager 90 230 $ - $ 135 Supervisor of Surveying 145 $ - $ Chief Executive Officer 195 220 $ - $ 500 Survey Technician I 60 $ - $ File Clerk/Administrative Support 45 100 $ - $ 65 Survey Technician II 75 $ - $ Marketing Assistant 45 115 $ - $ 85 Survey Technician III 90 $ - $ Marketing Coordinator 65 155 $ - $ 115 Surveying Crew Rates Marketing Manager 125 $ - $ 235
REGULAR Marketing Specialist 90 $ - $ 155
One person w/ GPS or Robotic Workstation 125 $ - $ Office Coordinator 75 155 $ - $ 130 Two person 175 $ - $ Proposal Coordinator 80 290 $ - $ 140 Three person 235 $ - $ Receptionist 45 390 $ - $ 80
PREVAILING WAGE Senior Marketing Specialist 105 $ - $ 190 One person w/ GPS or Robotic Workstation 150 $ - $ 180
Two person 225 $ - $ 340
Three person 325 $ - $ 490
Rev 3/1/2022
RRM Design Group – 4th Street Community Center & Park
Lane Engineers, Inc. pg 4
LANE ENGINEERS, INC.

Civil  Structural  Surveying
www.laneengineers.com
EXHIBIT ‘B’

Item No. 8.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Authorization to Sign Agreement - Eagle Aerial Solutions SOURCE: Public Works
COMMENT: On May 31, 2018, Senate Bill (SB) 606 and Assembly Bill (AB) 1668 were signed into law, requiring urban water providers (UWP) throughout California to establish long-term improvements in urban water conservation and drought planning in order to adapt to climate change and the longer, more intense droughts in California. Beginning in 2022, UWP will be required to calculate their urban water use objective and assess whether they meet their conservation objective each year. The objectives will be developed by UWP for their service area based on five primary components:
 Total estimated efficient indoor residential water use;  Total estimated efficient outdoor residential water use and CII water use;  Total estimated efficient water losses from leaks;
 Approved variances (if any); and
 and Credits for qualifying for potable reuse (if applicable).

The City, as the UWP, must account for the sum of its indoor residential, outdoor residential, and CII water uses, as well as water loss estimates. Where applicable, variances and potable reuse credits will be added to this total. Once established, the UWP can take action or implement strategies to ensure that overall water use within that objective is met.

To substantiate the City's urban water use objectives, staff met with Eagle Aerial Solutions to evaluate their WaterView software. Eagle Aerial Solutions was directly involved in helping develop the California reporting requirements mandated by SB 606 and AB 1668. WaterView is currently used by over forty (40) water agencies throughout California.

WaterView software uses GIS-based mapping solutions that incorporate imagery data, demographic data to assess indoor water use, ET data, urban water use data, and landscape area measurement data from California Department of Water Resources-generated accurate irrigated vegetation data. WaterView by Eagle Aerial is the only proprietary software on the market designed specifically to integrate all of this data and provide detailed and accurate information essential to attain efficiency objectives and reporting requirements.

Staff requests Council's authorization to enter into a 5-year agreement with Eagle Aerial to provide five user seats at a cost of $38,478 per year. The total cost for the 5-year subscription will be $192,390 and will be funded from the Water Operating Budget.

Item No. 8.

RECOMMENDATION: That City Council:

1. Authorize entering into a 5-year agreement with Eagle Aerial Solutions for five user seats in an amount not to exceed $38,478 per year;

2. Direct the Finance Director to initiate a Purchase Order for five user seats to Eagle Aerial Solutions in an amount not exceed $38,478 per year; and

3. Direct the Finance Director to make payment to Eagle Aerial Solutions upon receipt of an invoice approved by the Public Works Director.

ATTACHMENTS: 1. Eagle Aerial Quote
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 9.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Resolution Accepting a Deed of Easement from the United States Department of Agriculture Forest Service - Henrahan Street
SOURCE: Engineering and Project Management
COMMENT: At its meeting on May 3, 2022, the City Council approved the acceptance of a five-foot street easement from the United States Department of Agriculture Forest Service (Forest Service) along the eastern property line of the new Forest Service development at the corner of East Morton Avenue and North Henrahan Street. The five-foot easement was necessary to bring the street to the current local street standard width requirements. The Forest Service has approved the required Federal permit for the easement and submitted the fully executed easement for acceptance and recordation.

The Forest Service is to install public improvements to City Standards along North Henrahan Street and at the corner of East Morton Avenue and North Henrahan Street as a condition of its development.

RECOMMENDATION: That City Council:

1. Adopt the draft Resolution for the acceptance of the Easement from the United States Department of Agriculture Forest Service; and

2. Direct the City Clerk to record the Easement in the office of the Tulare County Recorder.

ATTACHMENTS: 1. Draft Resolution

2. Executed Easement

3. Exhibit A

4. Exhibit B
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
RESOLUTION NO. _____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE ACCEPTING A DEED OF EASEMENT FROM THE

UNITED STATES DEPARMENT OF AGRICULTURE FOREST SERVICE
BE IT HEREBY RESOLVED by the City Council of the City of Porterville that the grant deed of easement for property described and attached hereto as Exhibit “A”, from the United States Department of Agriculture, Forest Service, is hereby accepted.

FURTHER, that said deed be recorded in the office of the Tulare County Recorder.

PASSED, APPROVED and ADOPTED this 4th day of October, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk

Item No. 10.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Approval of Resolution for the Submittal of an Application, Acceptance of Funds and Execution of a Grant Agreement with the California Department of Transportation for an Airport Improvement Program Matching Grant SOURCE: Finance
COMMENT: On September 7, 2022, the City received a grant offer from the Federal Aviation Administration (FAA) for the rehabilitation of the parallel taxiway and reconfiguration of the connecting taxiways at the Porterville Municipal Airport.

The total amount of the grant is $4,748,734, representing ninety percent (90%) of the total construction cost of the project.

The California Department of Transportation, Division of Aeronautics, has an Airport Improvement Program (AIP) Matching Grant Program which provides funding towards the local match requirement of an FAA AIP grant, up to five percent (5%) of the FAA grant. The City is applying for the full five percent (5%) of the FAA grant or $237,437.

RECOMMENDATION: That the City Council adopt the attached draft Resolution authorizing the Finance Director to file an application and execute the AIP Matching Grant Agreement with the California
Department of Transportation.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
RESOLUTION NO. _____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AUTHORIZING

THE SUBMITTAL OF AN APPLICATION, ACCEPTANCE OF AN ALLOCATION OF FUNDS AND

EXECUTION OF A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION,

FOR AN AIRPORT IMPROVEMENT PROGRAM (AIP) MATCHING GRANT WHEREAS, the City of Porterville and the Federal Aviation Administration are parties to federal Airport Improvement Program (AIP) grant 3-06-0190-019-2022 for the rehabilitation of the parallel taxiway and reconfiguration of taxiways A, C and D at the Porterville Municipal Airport; and WHEREAS, the California Department of Transportation, pursuant to the Public Utilities Code section 21683.1, provides grants of 5% of Federal Aviation Administration grants to airports; and WHEREAS, the California Department of Transportation requires the City Council to adopt a resolution authorizing the submission of an application for an AIP Matching grant; NOW, THEREFORE, the City Council of the City of Porterville, State of California, does hereby resolve as follows:

1. Authorizes the filing of an application for a state AIP Matching grant for this project.

2. Authorizes the acceptance of an allocation of state AIP Matching funds for this project.

3. Authorizes the execution of an AIP Matching Grant Agreement for this project; and BE IT FURTHER RESOLVED, that the City Council of the City of Porterville, does hereby authorize Maria Bemis, Finance Director, to sign any documents required to apply for and accept these subject funds on behalf of the City of Porterville.

PASSED, APPROVED, AND ADOPTED this 4th day of October, 2022. _______________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
_________________________________________
By: Patrice Hildreth, Chief Deputy City Clerk
Item No. 11.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: East Porterville Water Connection Accessory Dwelling Unit SOURCE: Community Development
BACKGROUND: The subject property, 1081 E. Cleo Avenue, is located in East Porterville, outside city limits and within the City's Urban Development Boundary (UDB). The property is currently developed with a single-family dwelling.

The property was approved for an Extraterritorial Service Agreement (ESA), as an emergency water service connection through the State of California Department of Water Resources (DWR) Emergency Connection Project for East Porterville in which the subject property qualified as part of the East Porterville Feasibility Study Project Area. An application for an ESA was processed and approved on September 15, 2016. The ESA included an Irrevocable Agreement for Annexation (IAA # 15-25) and a Deed Restriction (Document Number 2017-0061962).

COMMENT: Staff received a request for a will serve letter in order to provide a second water connection service to the existing property, for a development of a 1,200-square foot Accessory Dwelling Unit (ADU).

ANALYSIS: As a condition of the water service connection through the Extraterritorial Service Agreement (ESA), a deed restriction was recorded that outlined, “No expansion or modification of this use, including conversion of structures or addition of habitable structures, may be permitted without approval of the City Council of the City of Porterville." In accordance with Government Code §65852.2, an Accessory Dwelling Unit (ADU) in residential districts is permitted by right. The proposed development of an ADU on the existing property complies with Government Code §65852.2 and meets Tulare County’s development standards.

ENVIRONMENTAL
REVIEW:

The Environmental Coordinator made a determination on September 27, 2022 that the project is exempt from CEQA Guidelines Section §15268 as a ministerial project.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the second water service connection for the Accessory Dwelling Unit (ADU).

ATTACHMENTS: 1. Draft Resolution
Item No. 11.

2. Recorded Irrevocable Agreement and Deed Restriction

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
RESOLUTION NO.____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

FOR APPROVAL OF A SECOND SERVICE FOR MUNICIPAL WATER FOR PROPERTY LOCATED AT 1081 E. CLEO AVENUE.

WHEREAS: The California State Water Resources Board, in coordination with the Department of Water Resources conducted a feasibility study to define a long-term solution to the water related issues in East Porterville due to the on-going drought created a situation where hundred; and
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of April 19, 2016 amended the procedures for annexation and extension of municipal in Resolution 19-2016: and
WHEREAS: The East Porterville Feasibility Study Project Area was identified as an exemption under Resolution 19-2016 due to the on-going drought created a situation where hundreds of parcels in the East Porterville area where experiencing dry wells, or wells of substandard water quality; and
WHEREAS: The property located at 1081 E. Cleo Ave. qualified under the East Porterville Feasibility Study Project Area and an Extraterritorial Service Agreement (ESA) was processed on September 15, 2016; and
WHEREAS: The Extraterritorial Service Agreement (ESA) included an Irrevocable Agreement for Annexation, IAA # 15-25, and a Deed Restriction in which the document was recorded at the Tulare County Recorder’s on October 6, 2017 as 2017-0061962; and WHEREAS: The Deed Restriction outlined, “no expansion or modification of this use, including conversion of structures or addition of habitable structures may be permitted without approval of the City Council of the City of Porterville: and WHEREAS: The proposed Accessory Dwelling Unit (ADU) complies with Government Code § 65852.25 and Tulare County’s development standards; and WHEREAS: This project is exempt from CEQA pursuant to §15301 that CEQA only applies to projects which have the potential for causing a significant effect on the environment: and
NOW, THEREFORE, BE IT RESOLVED: That the City Council does hereby approve the request for a second water service for the proposed one thousand-two hundred (1200) Accessory Dwelling Unit (ADU) with the following conditions:

Resolution No. __-2022

1. All water service connections shall comply with all applicable codes, including but not limited to Porterville Municipal Code Section 26-2, which requires the abandonment of wells upon municipal service connection.

2. A back-flow device is required on the water meter.

3. The developer/applicant shall comply with the City standard for "backflow" prevention pursuant to Resolution No. 9615.

PASSED, APPROVED AND ADOPTED this 4th day of October, 2022.

Martha A. Flores, Mayor
ATTEST:

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

Item No. 12.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Program Supplement to the Administering Agency-State Agreement for Federal-Aid Projects - Olive Avenue and Porter Road/Cloverleaf Street Intersection Signal Replacement Project
SOURCE: Engineering and Project Management
COMMENT: The Department of Transportation has submitted Program Supplement Agreement Number F061 and requests that the City execute said Agreement.

The executed Agreement shall become a part of the Agency-State Agreement for Federal Aid Project No. 06-5122F15.

The attached Program Supplement is for the design phase of the signal replacement at the intersection of Olive Avenue and Porter Road/Cloverleaf Street.

RECOMMENDATION: That the City Council:

1. Approve the program supplement by passing a Resolution authorizing the Mayor to sign the subject program supplement; and

2. Direct the City Clerk to return the signed program supplement to the Department of Transportation.

ATTACHMENTS: 1. Draft Resolution

2. Program Supplement Agreement 5122092
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PORTERVILLE AUTHORIZING THE MAYOR TO SIGN
PROGRAM SUPPLEMENT NO. F061

TO ADMINISTERING THE AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 06-5122F15
BE IT RESOLVED by the City Council of the City of Porterville that the Mayor is hereby authorized to execute the document known as Program Supplement No. F061 to administering Agency-State Agreement for Federal-Aid Projects No. 06-5122F15, for the design phase of the Olive Avenue and Porter Road/Cloverleaf Street Intersection Signal Replacement Project.

PASSED, ADOPTED AND APPROVED this 4th day of October, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By Patrice Hildreth, Chief Deputy City Clerk
F061
FOR FEDERAL-AID PROJECTS NO 06-5122F15
0622000211
September 22, 2022
06-TUL-0-PTRV
HSIPL-5122(092)
5122
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 09/19/2016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

Intersection of Olive Ave and Porter Rd/Cloverleaf St
Replace existing signal, add protected Lt turn phasing for all intersection legs, curb ramps, signs

0.0(MILES)
Estimated Cost Federal Funds Matching Funds
STATE $69,600.00

CITY OF PORTERVILLE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$80,000.00 $10,400.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$69,600.00
Program Supplement 06-5122F15-F061- ISTEA 1Page of 3
9/23/22

SPECIAL COVENANTS OR REMARKS
06-TUL-0-PTRV
HSIPL-5122(092)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fedand-state-programs/highway-safety-improvement-program/delivery-requirements-statusapproved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
Program Supplement 06-5122F15-F061- ISTEA Page 2 of 3

SPECIAL COVENANTS OR REMARKS
06-TUL-0-PTRV
HSIPL-5122(092)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.

Program Supplement 06-5122F15-F061- ISTEA Page 3 of 3
Item No. 13.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Consent to Sublet - Lot No. 6 at the Porterville Municipal Airport SOURCE: Finance
COMMENT: TREDC Real Estate is requesting the City's consent to continue to sublet its hangar on Lot No. 6 to GreenPower Motor Company, Inc., through July 31, 2023 for the temporary storage of electric vehicles and the use of office space for business operations. City Council initially consented to sublet the hangar in March of 2017 for a period of one year, and again in October of 2018 for a period of one year, for hangar and charter services, for the temporary storage of buses and for office space. In February of 2020, the Council approved TREDC's request to continue to sublet its hangar to GreenPower through July 31, 2022, for the temporary storage of its products and the use of office space for business operations. GreenPower Motor Company, Inc. no longer uses the hangar for charter services or to store an aircraft or any aviation use.

As an airport operator that has accepted federal grants, the City must comply with Federal Aviation Administration (FAA) policies including the requirement that airport property be available for aeronautical use. When an airport has unused hangars and low aviation demand, a sponsor can request FAA approval for interim non-aeronautical use of hangars, until demand exists for those hangars for an aeronautical purpose. Currently, there is low aviation demand for hangars at the Porterville Municipal Airport.

RECOMMENDATION: That the City Council:

1. Authorize the Lessee, TREDC Real Estate, to sublet the airport hangar on Lot No. 6 at the Porterville Municipal Airport to GreenPower Motor Company, Inc. through July 31, 2023; and

2. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 6 on behalf of the City.

ATTACHMENTS: 1. Locator Map

2. Letter of Request

3. Lessor's Consent to Sublet
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Item No. 13.

Final Approver: John Lollis, City Manager

LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 6

AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 6, hereby consents to the request dated September 19, 2022, made by the TREDC Real Estate, to sublet said airport hangar lot to GreenPower Motor Company, Inc., through July 31, 2023, for the temporary storage of electric vehicles and the use of the office space for their business operations. Provided however, that there shall be no further subletting without the prior written consent of the Landlord.

Dated this 4
th day of October, 2022.

CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Martha A. Flores

MAYOR, CITY OF PORTERVILLE
ATTEST: _______________________________
John D. Lollis, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney
Item No. 14.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Assignment of Airport Lease - Lot No. 38
SOURCE: Finance
COMMENT: Raymond Broad and Dernie Waikiki, the current leaseholders of Lot No. 38 at the Porterville Municipal Airport, have sold their hangar located on the lot and are requesting the transfer of the lease to the new owners, Thomas S. Raya and Elizabeth M. Raya. Thomas S. Raya and Elizabeth M. Raya are requesting City Council authorization to assume the existing lease agreement between the City and Raymond Broad and Dernie Waikiki. The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council:

1. Approve the Assignment of Lease for Lot No. 38 at the Porterville Municipal Airport from Raymond Broad and Dernie Waikiki to Thomas S. Raya and Elizabeth M. Raya; and

2. Authorize the Mayor to sign the Lessor's Consent to
Assignment of Lease on behalf of the City.

ATTACHMENTS: 1. Locator Map

2. Bill of Sale

3. Letter of Request

4. Draft Assignment of Lease

5. Lessor's Consent to Assignment of Lease
Appropriated/Funded:

Review By:

Department Director:

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

ASSIGNMENT OF LEASE

PORTERVILLE MUNICIPAL AIRPORT
THIS AGREEMENT, made this 4th day of October, 2022 by and between Raymond Broad and Dernie Waikiki, P.O. Box 375, Captain Cook, HI, 96704, owner of a hangar on Lot 38 at the Porterville Municipal Airport, as the Assignor, and Thomas S. Raya and Elizabeth M. Raya, 1935 N Beverly St, Porterville, CA 93257, as the Assignee.

In consideration of the mutual covenants herein contained, each act to be performed hereunder, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Effective October 1, 2022, Assignor hereby assign, transfer and convey to Assignee all of their right, title and interest as Lessee, in, to and under a certain Lease Agreement dated July 1, 2015 (hereinafter "Lease"), executed by and between the City of Porterville, as Lessor, and Raymond Broad and Dernie Waikiki, as original Lessee, providing for the letting of certain premises located at the Porterville Municipal Airport, Porterville, California, being more particularly described as follows:

Airport hangar Lot No.38, and containing a total area of approximately 4,200 square feet, and establishing an original Lease terminating June 30, 2025.

2. Effective October 1, 2022, Assignee hereby accepts and assumes all of the obligations, responsibilities and liabilities of Assignor under said Lease, and agrees to perform said Lease Agreement according to its terms, covenants and conditions, without exception, and Assignee understands and agrees that Landlord makes no warranty or representation that either Assignor or Assignee would be given an exclusive use in the Porterville Municipal Airport for the use thereof by Assignor and/or Assignee, except as provided in the Lease.

3. Upon execution of this Assignment of Lease and Landlord's consent hereto, the parties’ Noticed Address shall be as set forth herein above. The parties further understand there is a $150 assignment fee, payable to the City of Porterville, and the Assignee must provide proof of aircraft and hangar owner’s liability insurance within thirty (30) days of Council approval.

4. Assignor hereby covenants said Lease as valid and existing and hereby warrant that Assignor is not in default as of the date of this Assignment.

5. This Assignment shall be binding upon and shall inure to the benefit of the respective parties, their successors and assigns.

IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Lease as of the date first above written.

ASSIGNOR: ASSIGNEE:

Raymond Broad Thomas S. Raya
By: By:

Dernie Waikiki Elizabeth M. Raya
By: By:

LESSOR'S CONSENT TO ASSIGNMENT OF LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
AIRPORT HANGAR LOT NO. 38
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Lease for Airport Hangar Lot No. 38, described in the foregoing Assignment, hereby consents to Assignment of Lease Agreement from Raymond Broad and Dernie Waikiki to Thomas S. Raya and Elizabeth M. Raya, for the parking and storage of aircraft, upon the expressed condition that there shall be no further assignment without the prior written consent of the Landlord.

Dated this 4
th day of October, 2022.

CITY OF PORTERVILLE
BY: _______________________________
Martha A. Flores

MAYOR, CITY OF PORTERVILLE
"LESSOR"
ATTEST: _______________________________
John D. Lollis, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney
Item No. 15.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Authorization of Street Closure
SOURCE: City Manager's Office
COMMENT: Pursuant to City Municipal Code Chapter 15-20(E), the planned non-emergency closure of city streets requires the approval of the City Council. Accordingly, the Fire and Police Chiefs request the approval of the Council to close city streets in the vicinity of Fire Station 71 deemed necessary on October 11, 2022.

RECOMMENDATION: That the City Council authorize the Fire and Police Departments to close city streets in the vicinity of Fire Station 71 as deemed necessary on October 11, 2022.

ATTACHMENTS: 1. Municipal Code 15-20 - Regulations
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager
15-20: REGULATIONS:

A. Card Tables:

1. Conformance With State Law: It is the stated purpose of this subsection to regulate card rooms, licenses and permits in the city of Porterville concurrently with the state of California, and to impose local controls and conditions upon establishments operating card rooms and card tables as permitted in the "gambling control act" as codified in division 8, chapter 5 of the California Business and Professions Code.

2. Licenses: Each card table shall be assigned a separate license with such license designating the number of the table and the location of the table, and the exact place of business where such card table is to be maintained. The operator shall attach to each licensed table a metal identification number, which shall be plainly visible at all times; and no license or identification number shall be transferable; provided, however, that it may be moved to a new location with the approval of the city council.

3. Hours Of Operation: Playing at all card tables shall absolutely cease and terminate at two o'clock (2:00) A.M. of each day; and it is hereby declared to be unlawful for any person to deal, participate in, play, carry on or bet at, against, rent, open up, carry on, conduct or have charge of or to control any card table in the city between the hours of two o'clock (2:00) A.M. and seven o'clock (7:00) A.M. of each day.

4. Patron Security And Safety: All licensees shall have in effect a security plan to address the safety and security of patrons in and around the card room. The plan, and any amendments thereto, must be filed with and approved by the chief of police. The licensee shall be liable for the security and safety of its patrons to the extent required by law. Any information about security measures that is provided to the city by an establishment operating a card table shall be confidential and not open to public inspection.

The physical arrangements of the gambling area and parking lots of the establishment operating card tables shall meet the requirements and specifications determined necessary by the chief of police for the security and safety of citizens, patrons, and police officers. During all hours of operation, the outside doors to the establishments wherein card tables are operated and the main doors to rooms wherein the tables are located must be unlocked and accessible to the general public. Any part and all of the establishment where a card table is operated shall be open to police inspection during all hours of operation.

5. Wagering Limits: Unless otherwise authorized by the chief of police based upon a finding of necessity because of the rules relating to a particular game, a maximum of ten (10) hands may be dealt at any one table. The maximum number of persons who may participate in play at a table may be limited by the licensee consistent with the provisions of this chapter, provided that in any event, the number of persons present in any establishment or room shall not exceed the occupant load as otherwise prescribed by law. There shall be posted in a conspicuous place on the establishment premises the minimum buy-in and wagering limits. Not later than July 1 of each calendar year, the licensee shall execute under penalty of perjury and file with the chief of police a declaration stating the following: a) the minimum buy- in, table and wagering limits and any and all charges or other fees assessed of all players at a table; and b) a set of the then current posted detailed house rules applicable to the games played. There is no wagering limit imposed by this subsection. However, all wagering limits fixed by the licensee shall be posted as required in this subsection, and shall comply with all state laws and all ordinances of the city.

6. Number Of Gambling Tables: Not more than three (3) card tables shall be located at each establishment. Not more than nine (9) tables total shall be located in the city of Porterville, and not more than three (3) establishments operating such tables shall be located in the city of Porterville.

7. Location: No license shall be issued except for a location deemed suitable by the city council.

8. Permit Required For Dealers And Employees: All card room dealers and employees shall be required to obtain a permit from the chief of police. In addition, all card room dealers and employees are required to submit to a fingerprint based criminal history background check by the department of justice. Permit applicants are responsible for all fees charged for applying for and obtaining the permit and submitting to the background check. The chief of police shall deny said permit for any of the following reasons, as set forth in California Business and Professions Code section 19850A(a):
a. Failure of the applicant to clearly establish eligibility and qualification in accordance with California Business and Professions Code, division 8, chapter 5;
b. Failure of the applicant to provide any information, documentation, and assurances required by said chapter of the Business and Professions Code or requested by the director of the division of gambling control, department of justice, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria;
c. Conviction of the applicant for any crime punishable as a felony; d. Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the ten (10) year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to sections 1203.4, 1203.4a and 1203.45 of the California Penal Code;
e. Association of the applicant with criminal profiteering activity or organized crime, as defined by section 186.2 of the Penal Code;
f. Wilful and obstinate defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by section 186.2 of the Penal Code; or g. The applicant is less than twenty one (21) years of age.

The department of justice's division of gambling control may object to the issuance of a work permit by the city for any cause deemed reasonable by the division.

9. Revocation And Appeal:
a. By The Chief Of Police: The chief of police may refuse to issue or may revoke the permit of a card room dealer or employee at any time if, in his judgment, such action is necessary. A person whose application for a permit is denied or a person whose permit is revoked, if the decision to deny or revoke was made solely by the chief of police, may appeal the action of the chief of police to the city council in accordance with the procedure set forth in subsection 15-13B of this article. b. By The Division Of Gambling Control: If the division objects to the issuance of a work permit, the permit shall be denied.

Any person whose application for a work permit has been denied because of an objection by the division may apply to the California gambling commission for an evidentiary hearing in accordance with regulations. In addition, the California gambling control commission may notify the chief of police to revoke a work permit, if the commission makes the necessary findings after a hearing, pursuant to California Business and Professions Code section 19912A.

B. Coin Operated Machines:

1. Contents Of Applications: At the time a license is applied for, the applicant shall give the serial number, and kind or character of such machine.

2. Display Of License Or Stamp: No person shall maintain any vending, weighing, entertainment or amusement machine within the city without having posted thereon in a conspicuous place a stamp or label, which shall be issued and supplied by the collector, which stamp or label shall indicate the number of the license, together with the date of expiration thereof; and in the event any duly qualified officer of the city finds any such machine being maintained in the city without such stamp or label being maintained thereon in a conspicuous place, or without such stamp or label indicating that there is a valid and unexpired license issued covering such machine, it shall be his duty to seize and hold such machine for the payment of the license tax, which machine shall be disposed of upon the nonpayment of such tax as provided by the laws relative thereto.

3. Transfer Of License: In the event any person discontinues maintaining any vending, weighing, entertainment or amusement machine duly licensed pursuant to this chapter during a period when such license remains unexpired, the licensee may substitute another similar machine in place of the machine, the use of which is so discontinued, and may maintain such substituted machine without the payment of an additional license tax for the unexpired period of the license carried on such discontinued machine; provided, however, that such person surrender the unexpired license of such discontinued machine to the collector and obtain from the collector a new license for such unexpired period for the replacing machine.

4. Location Of Machines: No license as provided in this chapter shall be issued for the maintaining of any vending, weighing, entertainment or amusement machine upon any public street, sidewalk, alleyway or court within the city.

C. Junk Dealers And/Or Collectors:

1. Permit Required: Before any person shall engage in the city in the business of buying or selling old rope, brass, copper, tin, lead, rags, slush, empty bottles, paper, bagging, or other junk whether at a fixed place of business or as an itinerant peddler, he shall make application to the city council for a permit to engage in such business. Such application shall be referred to the chief of police, who shall make an investigation concerning the character of the applicant, and within seven (7) days shall report thereon to the city council. Upon receiving such report, the city council shall grant or deny the applicant a permit to engage in such business, and such permit shall be granted unless it shall appear from such report of the chief of police that the applicant is not a person of good moral character, or has not a good character in respect to honesty and integrity; provided, however, that no such permit shall be granted unless the city council find that such applicant, or if the applicant be a corporation, the manager thereof, has been a resident of the city for not less than ninety (90) days prior to such application.

2. Registration Of Purchases: Every person maintaining or operating a junk shop or junkyard shall keep at his place of business a substantial well bound book, and shall promptly enter therein an exact description of all personal property purchased by him or it, the date of purchase, name and residence or place of business of the person from whom purchased, and all particular or prominent marks of identification that may be found on such property. Such book shall be kept neat and clean, and all entries made therein shall be neatly and legibly written in ink. Such book shall at all times during the ordinary hours of business be open to the inspection of the chief of police, or any other city officer.

3. Required Holding Period: All junk purchased by owners or keepers of junk shops or junkyards shall be held for a period of at least nine (9) days before the same shall be sold.

4. Pawning And Pledging Prohibited: No owner or keeper of a junk shop or junkyard shall receive any personal property by way of pledge or pawn, nor shall any owner or keeper of a junk shop or junkyard engage in the business of pawnbroking on the same premises wherein a junk shop or junkyard is located.

5. Hours Of Business: No junk peddler shall purchase or collect any junk in the city between the hours of six o'clock (6:00) P.M. and six o'clock (6:00) A.M.

6. Revocation Of Permit: The city council may revoke the junk dealer permit granted to any person upon failure of such person to conduct and carry on such business in accordance with the provisions of this subsection; and such permit may likewise be revoked, if in the conduct of such business, any law of the state, county or city be violated.

7. Places Of Business: It shall be unlawful for any owner, tenant or lessee of any premises in the city, or the owner, tenant or lessee of any trailer house, trailer, truck, automobile, motor vehicle or other vehicle to keep, place or maintain thereon, or to permit the keeping, placing or maintaining thereon, of any trailer house, trailer, truck, automobile, motor vehicle or other vehicle which is used or which is to be used for a dental or chemical laboratory or for the display or selling of merchandise therein, or to use or permit the use of any trailer house, trailer, truck, automobile, motor vehicle or other vehicle on any premises in the city for business, religious, educational, retail, commissary, shop, storage, office purposes or for other type of commercial retail purpose.

D. Bingo Games:

1. Bingo Games Allowed Only By Eligible Organizations With Proper City Permit: Bingo games within the city are illegal except those organizations exempted from the payment of the bank incorporation tax by sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the California Revenue and Taxation Code and by mobile home park associations and senior citizens' organizations; provided, that the proceeds of such games are used only for charitable purposes; and provided, that these eligible organizations have applied for and received the proper city bingo license and conformed to section 326.5 of the California Penal Code and the provisions of this chapter.

2. Application And Fee For License: Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application, in writing, to the office of the finance director on a form provided by the city. The issuing authority shall be the finance director, after approval of the chief of police. The license shall be for a term of one year from the date of issuance. The license fee, whether for the initial license or renewal, will be fifty dollars ($50.00) annually. If an application for a license is denied, one-half (1/2) of the license fee paid shall be refunded to the organization.

3. Contents Of Application: Said application for a bingo license shall obtain the following information:
a. The name, address, date, place of birth, physical description and driver's license number of every officer of the charitable organization.
b. The name, address, date, place of birth, physical description and driver's license number of not more than twenty (20) members who will be authorized to operate the licensed bingo games on behalf of the organization. c. The particular property within the city including the street number owned or leased by the applicant, and used by such applicant for an office or for the performance of the purposes for which the applicant is organized, on which property bingo games will be conducted together with the occupancy capacity of such place. d. The proposed days of week and hours of day for conduct of bingo games. e. That the applicant agrees to conduct the bingo games in strict accordance with section 326.5 of the California Penal Code and this chapter as they may be amended from time to time and agrees that the license to conduct bingo games may be revoked by the chief of police when there is a violation of this chapter or other applicable laws. f. The application shall be signed by said applicant under penalty of perjury. g. The annual license fee shall accompany the application. h. The applicant shall also submit, with its application, a certificate or determination of exemption under section 23701d of the California Revenue and Taxation Code, or a letter of good standing from the exemption division of the franchise tax board in Sacramento, showing exemption under said section 23701d.

4. Investigation Of Applicant: Upon receipt of the completed application and the fee, the finance director shall refer the application to the appropriate departments of the city for investigation, as to whether or not all the statements in the application are true, and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property in which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions.

5. Contents Of License: Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games within the city, and the police department has investigated the application, the finance director shall issue a license to said applicant, which shall contain the following information:
a. The name and nature of the organization to whom the license is issued. b. The address where bingo games are authorized to be conducted. c. The occupancy capacity of the room in which bingo games are to be conducted. d. The days of the week and times during which games may be conducted. e. The date of the expiration of such license.
f. Such other information as may be necessary or desirable for the enforcement of this subsection.

6. Consent: The application for or acceptance of a license constitutes:
a. Consent to the entry of any peace officer to investigate the location identified in the application before the issuance of a license, as well as during any game thereafter.
b. Consent to the chief of police or his agents to review or audit the charitable organization's records relating to the conduct of bingo games into the special account required by California Penal Code section 326.5(j) for the purposes of verifying compliance with the financial interest and special fund requirements of Penal Code section 326.5 and with this chapter and with all other applicable laws and regulations.

7. Violation A Misdemeanor: Any person who conducts a bingo game without the proper license as required by this chapter, or who operates a bingo game in violation of any of the requirements of this chapter, or who operates any bingo game after the suspension or revocation of a bingo license is guilty of a misdemeanor.

8. Summary Suspension Or Revocation: The chief of police may suspend or revoke a license for any violation of the provisions of this subsection or of any applicable law or regulation, or for any false, misleading or fraudulent statement of a material fact in the application for the license, or in the promotion, supervision, operation, conduct or staffing of any bingo game.

9. Notice Of Suspension Or Revocation: When it appears that there is probable cause for a suspension or revocation, the chief of police shall prepare a written statement showing the cause and the specific action to be taken. This written notice shall be served on an officer or member of the organization listed on the license application.

10. Appeal Process:
a. After receiving the written notice of suspension or revocation, the affected licensee may file a written request for an appeal hearing with the city manager. The decision of the city manager will be final. The written request for an appeal hearing must be filed with the city manager's office no later than seven (7) calendar days after receiving the written notice of suspension from the chief of police.
b. This appeal hearing must be held within thirty (30) days of the request being filed with the city manager. Upon the conclusion of the appeal hearing, the city manager shall issue his written decision within ten (10) days. c. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is the cancellation of the exemption granted under section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

11. Definition Of Bingo: As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols designated on a card which conform to numbers or symbols selected at random.

12. Maximum Amount Of Prize: The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

13. Profits To Be Kept In Separate Fund Or Account: All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the city by making such records available.

14. Financial Interest In Licensee Only: No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.

15. Exclusive Operation By Licensee: A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any phase of such game.

16. Bingo Games Open To Public: All bingo games shall be open to the public, not just to the members of the licensee organization.

17. Attendance Limited To Occupancy Capacity: Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building department of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

18. Bingo Games Conducted Only On Licensee's Property: A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect.

A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this subsection should be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

19. Bingo Cards: Only preprinted cards that bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinances" are to be used in any bingo game.

20. Minors Not To Participate: No person under the age of eighteen (18) years of age shall be allowed to participate in a bingo game.

21. Intoxicated Persons Not To Participate: No person who is obviously intoxicated shall be allowed to participate in a bingo game.

22. Hours Of Operation: No licensee shall conduct any bingo game more than ten (10) hours out of any twenty four (24) hour period. No bingo game shall be conducted before ten o'clock (10:00) A.M. nor after twelve o'clock (12:00) midnight of any day.

23. Participant Must Be Present: No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

24. Receipt Of Profit By A Person A Misdemeanor Under State Law: It is a misdemeanor under section 326.5(b) of the Penal Code of the state of California for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the city.

25. City May Enjoin Violation: The city may bring an action in a court of competent jurisdiction to enjoin a violation of section 326.5 of the California Penal Code or of this subsection.

26. Severability: If any portion of this subsection is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this subsection. The city council hereby declares that it would have adopted this subsection and each portion thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional.

E. Community Civic Events:

1. City Council Findings: The city council finds and declares that it has historically closed city streets in portions of the downtown area, for the purpose of assisting certain community and regional events benefitting the city, the community at large, and nonprofit organizations operating in the city. Control over the operation of these community civic events has traditionally been turned over to the entity sponsoring the event. The city council finds and declares that there is a need to provide written guidelines and regulations on how these community civic events shall operate.

2. Purpose: The purpose of this subsection is to establish a legal framework for the operation of community civic events, to set forth minimal requirements for sponsors of these events, to meet the need for order and control during these events, and to ensure that the theme or character of the event is maintained, and that use of public property is compatible with the event.

3. Definition: "Community civic event" (hereafter referred to as "CCE") shall mean the sponsoring and conducting by a nonprofit organization of a civic, artistic, cultural, charitable, educational, veteran or benevolent activity of community interest. The council shall require reasonable proof of the nonprofit status of the sponsoring organization.

4. Participation: Participation in a CCE and use of public right of way shall be limited to those members of the sponsoring organization, in good standing with the organization, and those persons and vendors as may be approved by the sponsoring organization.

5. Permit Required: The CCE sponsor shall obtain a CCE permit from the city not less than thirty (30) nor more than one hundred eighty (180) days before the commencement date of the proposed permit activities; provided, that the council may waive these time requirements if it determines such a waiver to be in the public interest. Upon receipt of an application, the business license clerk shall circulate the application to the following departments for comments and approval: police department, fire department, finance department, department of community development, public works department, parks and recreation department, and risk management department. These departments may impose terms and conditions upon the CCE permit and issuance and approval of the permit is conditioned upon compliance with the required conditions. At a minimum, the permit shall include conditions for holding the city harmless, maintaining minimum limits of liability insurance in accordance with city standards, providing security and traffic control, providing adequate restroom and sanitation facilities, and paying for the cost of city services. The nonprofit sponsor of the CCE shall be exempt from a license fee. Said permit shall be valid for a maximum of four (4) consecutive days. If an event runs for four (4) consecutive days, one of those days must include a Saturday, Sunday or national holiday. No person or sponsoring organization shall fail to keep the permit, at all times, at the place where the activities are being conducted, nor fail upon demand therefor to exhibit such permit to any public officer. The permit may be revoked for noncompliance with the conditions of the permit and the provisions of this subsection. Revocation may be made by the council, city manager, chief of police, or their designees. If the grounds for revocation occur during the CCE, the council, city manager, chief of police or their designee shall first advise the CCE sponsor of the grounds for revocation and provide an opportunity to correct the same. The permit may also be revoked during the CCE if fire or another emergency requires the CCE to be terminated to protect the public safety. When the permit is revoked for this reason, all CCE participants must immediately comply with instructions from any city police officer or fire department personnel.

6. Application: The application for the CCE permit shall contain:
a. The name of the applicant, the sponsoring organization, the CCE chairperson, and the addresses and telephone numbers of each.
b. The location and outside perimeter of the CCE area, indicated upon a map of the area. c. The date and times at which the CCE activities are to take place. d. A description of the CCE activities which will be conducted.

A preliminary list of persons who will be engaging in the CCE, and a preliminary list of persons engaging in temporary selling activities at any time during the dates and times for which a temporary selling permit has been granted shall be furnished to the city no later than one week before the CCE is to take place. An amended list of all participants is required to be submitted in conjunction with the payment of business license fees per subsection E16 of this section.

The council shall cause such application to be investigated and shall grant the permit if it determines that the proposed CCE activities will not disrupt to an unreasonable extent the movement of vehicular or pedestrian traffic or create a hazard to the public; that the proposed CCE activities are not of a size or nature that requires the diversion of so great a number of police personnel to regulate such CCE activities that it prevents reasonable police protection for the city; that the concentration of persons, equipment and materials is not so great in the CCE areas that it would prevent proper fire, police and ambulance protection; and that the CCE permit applicant agrees to be responsible for cleanup necessitated by the proposed activities. The council may, in its discretion, require a cleanup deposit to guarantee that cleanup takes place. The council shall condition the granting of permits upon compliance with the provisions of this subsection and also with such other conditions as the council may deem necessary to impose for the proper protection of persons and property.

7. Responsible Party: The sponsoring organization shall be responsible for the CCE and for all necessary planning, physical facilities, equipment, fire lanes, and removal, cleanup, and staffing. The sponsoring organization shall be responsible for any necessary permits and code requirements for the conduct of such CCE as may be required by county and state agencies and coordination with appropriate city departments, such as police and fire. All necessary certificates and approvals by any health or other governmental organization shall be in possession of the person representing the sponsoring entity in such CCE.

8. Management: Subject to the minimum requirements imposed by this subsection, the CCE sponsor shall:
a. Promulgate rules and regulations for the CCE, including rules and regulations to maintain the theme or character of the CCE. A copy of the rules and regulations shall be submitted to the business license clerk prior to the CCE. b. Have control over the terms and conditions under which persons chosen to provide vending services will operate at a CCE including, but not limited to, products sold, hours of sale, fees, vendor locations and issuance of seller permits. c. Take any other actions which are necessary for the efficient management and operation of the CCE.

9. Minimum Requirements: The CCE sponsor shall abide by the following minimum requirements. These minimum requirements shall be deemed a part of the permit conditions and may be supplemented by resolution of the city council. a. Maintain openings between vendor booths or sizes, and at locations and distances, required by the city. The required openings shall be identified on the CCE sponsor's street plan. b. Not use any permanent or semipermanent paint or other markers to delineate or mark the location or other direction on any public street, sidewalk, alley or parking lot.
c. Not discriminate in the selection of any vendor on the basis of race, color, religion, sex, national origin, or familial status, or violate any law with respect to the selection of any vendor. d. Require that all vendors obtain and display all appropriate permits, licenses, and certificates, and comply with all applicable federal, state and local laws, ordinances, and regulations. e. Require that all vendors maintain their spaces in a clean and sanitary condition, including the removal of containers, waste and trimmings before leaving the area.
f. Require that vendors take sufficient measures to keep the city storm drain system free from contamination, and require that food vendors take special precaution to keep grease and other waste products off all public streets, sidewalks, alleys and parking lots.
g. Provide on site personnel who can be contacted by appropriate city officials for immediate corrective action either for noncompliance with this subsection or the permit conditions, for emergencies, or for actions deemed necessary by the city official.

Such personnel shall be equipped with appropriate means of communication to be made known to the city by the CCE sponsor prior to the CCE.
h. Distribute the rules and regulations to each person participating in the CCE.

10. Cost Of CCE: The CCE sponsor will be responsible for the costs associated with the CCE, including, but not limited to, the cost of city services related to the CCE, and the cost of repair of any damage caused to any public property and rights of way, including landscaping. The CCE sponsor may apply to the city council for cooperation in presenting a CCE and request financial assistance for some or all of the costs of city services related to the CCE.

11. Permit To Sell: No person shall sell or offer to sell any item at the CCE except under the authority of a valid permit approved by the CCE sponsor. The CCE sponsor shall designate a person or persons responsible for issuing permits to sell. A seller's permit shall not be required for existing businesses selling merchandise from their stores. Whenever the CCE sponsor in good faith believes that a vendor has violated the conditions of the seller's permit, the CCE sponsor may immediately suspend the seller's permit.

Vendors shall have an opportunity to appeal the denial or suspension of a seller's permit as set forth in subsection E20 of this section. Permits to sell shall give a seller (including vendors, peddlers and other sellers) the privilege of selling at the CCE only if the following conditions are met:
a. The seller properly files an application for a permit to sell at the CCE with the CCE sponsor. b. The seller complies with all federal, state and local laws and regulations relating to the CCE, including the rules and regulations of the CCE sponsor.
c. The seller obtains all required permits, licenses and certificates. d. The seller pays all required fees to the appropriate authorities, including any fees due the sponsor. e. The seller grants permission to the CCE sponsor, or an authorized representative, to enter the seller's premises for the reasonable inspection of land, facilities, and records, in order to determine whether the seller is in compliance with the permit conditions, the rules and regulations of the CCE sponsor, and the terms of this subsection.

12. Peddlers And Itinerant Vendors: All peddler and itinerant vendor permits and licenses issued by the city shall be deemed suspended for the duration of any CCE. All permit and license holders shall be notified of this provision. No person holding a peddler or itinerant vendor permit or license shall sell merchandise within the designated CCE area for the duration of any declared CCE unless the holder of the peddler or itinerant vendor permit or license has a written agreement with the CCE sponsor to participate in the CCE, or otherwise has a seller's permit from the CCE sponsor. The CCE sponsor shall allow peddler and itinerant vendor permit and license holders with suspended city permits and licenses under this subsection the same opportunity to participate in a declared CCE as the CCE sponsor offers to other vendors.

13. Sidewalks: The city shall not approve vendor or sidewalk sales or other activities within the closure area for a CCE. The sponsoring entity may allow such sales or events, however selling activity during a parade must take place in conformity with subsection G of this section.

14. Parades: Any person or organization desiring to have a parade as a CCE or in connection with a CCE, and all vendors, peddlers, solicitors, or merchants not located inside a commercial location, shall comply with subsection G of this section in addition to the provisions of this subsection.

15. Interference: It shall be unlawful for any person to interfere with, disrupt or impede a permitted CCE. It shall also be unlawful for a person to put up any booth, table, chair, stool, structure, vehicle or piece of equipment in any public area located within a designated CCE area for which a CCE sponsor has been issued a permit without consent of the CCE sponsor. This subsection E15 shall not apply to persons acting under the direction or control of the city.

16. Business License Fees: Any individual, company, firm, concessionaire, fair operator, carnival operator, etc., who engages in, conducts, organizes, or promotes business for profit shall pay a business license fee of one dollar ($1.00) per day per amusement, entertainment, exhibit, ride or per booth, space, stall, stand or other unenclosed location used for the purpose of advertising, promoting, or sale of, or taking orders for, goods or services; except that no individual, company, firm concessionaire, fair operator, carnival operator, etc., who possesses a valid city business license shall be subject to separate licensing pursuant to this subsection E16.

The nonprofit sponsor shall collect said fee and remit the fee to the city within five (5) working days following the CCE. Said remittance shall be accompanied by a complete list of participants and consecutively numbered receipts written in triplicate, containing the name, address and telephone number of the licensee, and the licensee's California seller's permit number. Said receipts shall be furnished by the city. One copy of the receipt shall be furnished to the licensee, one copy filed with the finance department of the city, and one copy retained by the CCE sponsor for a period of three (3) years for audit purposes.

17. Charges And Exhibit Fees: The sponsoring entity may impose a reasonable charge or exhibit fee on each participating seller or exhibitor and shall be responsible for enforcing all requirements of this subsection and regulations imposed by the sponsoring entity. Any net profit received by the sponsoring organization shall be utilized for the civic, artistic, cultural, charitable, educational, veteran or benevolent activities of the organization within the city of Porterville.

18. Insurance: The council shall condition the granting of a CCE permit upon the sponsoring entity's filing with the council a policy of public liability insurance in which the city has been named as insured or coinsured with the permittee. The policy of insurance shall insure the city, its officers, and its employees against all claims arising out of, or in connection with, the issuance of the CCE permit or the operation of the permittee or its agents or representatives, pursuant to the permit. The policy of insurance shall provide coverage of no less than one million dollars ($1,000,000.00) per occurrence of bodily injury and property damage, combined single limit.

19. Violations: Any person who violates the provisions of this subsection E shall be deemed guilty of either a misdemeanor or an infraction, in accordance with section 15-21 of this article. In addition, civil penalties of one hundred dollars ($100.00) for a first violation and up to one thousand dollars ($1,000.00) for subsequent violations may be imposed. Every day that any such violation continues shall constitute a separate offense. In addition, the CCE sponsor is authorized to take civil action to enforce the requirements of this subsection, and the rules and regulations established by the CCE sponsor. The remedies provided herein shall not be exclusive, and the violation of any provision of this subsection E shall be subject to other remedies as may be provided by law.

20. Appeal Of The Denial Or Suspension Of A Seller Permit: After the denial or suspension of a seller's permit, the CCE sponsor shall allow the vendor an opportunity for an appeal hearing before the CCE sponsor's governing board, or if no governing board, the person with the highest decision making authority, to determine if the permit shall be issued, further suspended, reinstated, or revoked for repeated violations. The hearing shall be held within a reasonable time, depending on the date and duration of the CCE, no later than thirty five (35) days. The CCE sponsor shall establish procedures for the conduct of the hearing.

21. Other Rules And Regulations; Applicability: The CCE sponsor shall comply with all other applicable city ordinances, resolutions, policies, rules and regulations.

22. Compatibility With State And Federal Laws And Constitutions: It is the intention of the city council and the people of the city of Porterville that these subsections shall be interpreted in a manner compatible with the state of California constitution and the United States constitution and the laws of the state of California and the United States.

23. Severability: If any paragraph, sentence, clause or phrase of this subsection are for any reason held to be unconstitutional or invalid, that holding shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed these subsections, irrespective of the fact any one or more sections, subsections, sentences, clauses or phrases might be declared unconstitutional or invalid.

F. Fortune Telling:

1. Purposes And Findings:
a. The practice of "fortune telling", as defined in this subsection, has historically been subject to abuse by certain unscrupulous practitioners using the practice to commit fraud and larceny upon clients. b. It is the purpose of this subsection to regulate the practice of fortune telling in such a manner as to reduce the risk of fraud and larceny to clients while allowing fortune tellers to provide their services to clients with only minimal restrictions. c. The provisions of this subsection requiring a permit, posting of fees, providing receipts and allowing client recordation of the consultation, will make it more difficult for an unscrupulous fortune teller to commit fraud or larceny, and yet, as informational regulations, will not affect the nature of the information conveyed by the fortune teller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the fortune teller and will not, therefore, impose any undue burden on their practices.
d. "Fortune telling" for entertainment purposes, as defined in this subsection, does not create the same risk of fraud and larceny by an unscrupulous practitioner as would the practice with an individual client because it is done with a group at a public place for the purpose of entertaining and not to deal with the private concerns of an individual. e. For these and other reasons, the provisions of this subsection are necessary to protect the health, safety and welfare of the community.

2. Permit Required: No person shall conduct, engage in, carry on, participate in, or practice fortune telling or cause the same to be done for pay without having first obtained a permit therefor.

3. Definitions: As used in this subsection:

FOR PAY: For a fee, reward, donation, loan or receipt of anything of value.

FORTUNE TELLING: Shall mean and include telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, divination, soothsaying, mantic, necromancy, mind reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature.

4. Permit Application: Every natural person who, for pay, conducts, engages in, carries on, or practices fortune telling shall file a separate verified application or a permit with the business license officer. The application shall contain:
a. The name, home and business address, and home and business telephone number of the applicant. b. The record of conviction for violations of the law, excluding minor traffic violations. c. The fingerprints of the applicant on a form provided by the police department. d. The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.
e. A nonrefundable application fee in an amount of one hundred dollars ($100.00) to cover cost incurred by the city in staff time, and other expenses involved in investigation and processing of permit.

5. Investigation: Upon the filing of the application, it shall be referred to the police department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the business license officer within twenty one (21) days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

6. Hearing And Decision By Business License Officer: The business license officer shall consider the application and the police department report and recommendation at a hearing held not less than seven (7) nor more than fourteen (14) days following receipt of the police department report described in subsection F5 of this section. Notice of the time and place of the hearing and a copy of the police department report shall be given to the applicant personally or by certified mail by the business license officer at least five (5) days prior to the hearing. Any interested parties shall be heard at the hearing. City shall have the burden of proof to show the permit should be denied. The decision of the business license officer to approve, deny or conditionally approve the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the business license officer shall make his or her decision approving, denying, or conditionally approving the permit within twenty four (24) hours after completion of the hearing on the application for a permit and shall notify the applicant of his or her action by personal service or certified mail.

7. Approval Of Permit: The business license officer shall approve or conditionally approve the permit if he or she makes all of the following findings:
a. All the information contained in the application and supporting data is true; b. The applicant has not, within one year from the date of the application, been convicted of any violation of this subsection or crimes involving prediction of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or crimes involving moral turpitude;
c. The applicant has paid the required business license fee; and d. The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.

8. Term Of Permit: The term of the permit and the term of the business license shall be for one year from the date of issuance.

A renewal application shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application.

9. Posting Of Fees:
a. Each person required to obtain a permit pursuant to this subsection shall post on his or her business premises a sign containing the following information:
(1) The true name of the fortune telling practitioner;
(2) Each service provided by the fortune telling practitioner; (3) The fees charged for each service provided by the fortune telling practitioner; (4) The statement, "By law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates".
b. The sign required by this subsection F9 shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortune teller. The sign lettering shall be of uniform size with each letter at least one-half inch (1/2") in height. c. If the fortune telling service is provided at a location other than the fortune teller's permanent place of business, the fortune teller shall provide the information required by this subsection on eight and one-half by eleven inch (8 1/2 x 11") paper and legibly
printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortune telling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortune telling services. d. No person shall charge any fee, payment, remuneration, or item of value for fortune telling services in excess of the fees set forth on the sign or paper required by this subsection F9.

10. Receipts: Prior to the acceptance of any money or item of value from a client, other than the acceptance of a gratuitous tip given voluntarily by the client, which is in addition to the fee, the fortune teller shall issue a written receipt to the client, clearly showing:
a. Date;
b. Name of client;
c. Amount of money received or specific description of item of value received; and d. Purpose for which the money or item of value was received.

11. Client's Record Of Consultation: No person engaging in fortune telling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortune teller.

12. Exception Entertainment: The provisions of this subsection shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortune telling at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers.

13. Exception; Religious Practice: The provisions of this subsection shall not be applicable to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as "minister") from any bona fide church or religious association having a creed or set of religious principles that is recognized by all churches of like faith which provides for fortune telling; provided, that:
a. Except as provided in subsection F13c of this section, the minister's fees, gratuities, emoluments, and profits shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this subsection.
b. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection, shall file with the business license officer a certified copy of the minister's certificate of ordination and the minister's name, age, street address, and telephone number in this city where the activity set forth in this subsection is to be conducted. c. Such bona fide church or religious association, as defined in this subsection, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church or religious association and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.

G. Parades:

1. Application And Approval: Parades will only be allowed in conjunction with a community civic event referenced in subsection E of this section.

2. Selling Activity During A Parade: In order to maintain public safety and promote the good order of a parade, no vendor, peddler, solicitor, or merchant shall be permitted in the parade route once the parade begins. No vendor, peddler, solicitor, or merchant shall be permitted to conduct business on sidewalks or walkways or other areas that may impede pedestrian traffic. Any vendor, peddler, solicitor, or merchant not located inside a commercial location shall be limited to side streets once the parade begins. No vendor, peddler, solicitor, or merchant shall impede the view of any spectator during the event. All vendors, peddlers, solicitors, and merchants shall be prohibited from selling products at or near the event that are deemed to be a nuisance or contrary to the good order of the parade. These items include, but are not limited to:
a. Silly string;
b. Snap caps;
c. Party poppers;
d. Any projectile and/or launcher.

3. Movement Of Public Safety Equipment: The conduct of such parade shall not interfere with the movement of firefighting or police equipment. (Ord. 1324, 12-18-1984; Ord. 1326, 5-7-1985; Ord. 1346, 3-18-1986; Ord. 1384 § 2, 8-4-1987; Ord. 1584, 10-19- 1999; Ord. 1586, 5-16-2000; Ord. 1612, 8-20-2002; Ord. 1613 §§ 1, 2, 3, 9-17-2002; Ord. 1625, 11-19-2002; Ord. 1718 § 1, 3-20- 2007)
Item No. 16.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Authorization of Street Closure - Porter Road
SOURCE: City Manager's Office
COMMENT: The Porterville Unified School District's Porterville Military Academy has requested the temporary closure of Porter Road at Pioneer Avenue on Monday, October 31, 2022, from 5:00 P.M. to 9:00 P.M. in support of a planned "Trunkor-Treat" school event. The street closure is requested to promote event traffic safety, and no event activities would occur in the closed roadway. Porter Road currently provides no local traffic circulation and exclusively serves the school site. City staff recommends that with the City Council's approval of the requested street closure, the Council direct City staff to locate and remove the City-owned traffic safety barriers in support of the street closure due to the proximity to State Route 65.

RECOMMENDATION: That the City Council:

1. Approve the request of the Porterville Military Academy to close Porter Road on Monday, October 31, 2022, from 5:00 P.M. to 9:00 P.M.; and

2. Direct City staff to locate and remove City-owned traffic safety barriers.

ATTACHMENTS: 1. Porterville Military Academy Request Letter - September 20, 2022

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

Item No. 17.

CITY COUNCIL AGENDA – OCTOBER 4, 2022
SUBJECT: Authorization for Out-of-State Travel to Georgia Smoke Diver Training SOURCE: Fire
COMMENT: The Georgia Smoke Diver course is a six-day, 60-hour program designed for the experienced firefighter who desires realistic training in self-survival, firefighter rescue, advanced search & rescue, thermal imaging, emergency procedures, teamwork, discipline, team leadership, situational awareness and decision making as well as how to function within the elements of the Incident Command System.

The program condenses and replicates the extreme demands that may be placed on firefighters at any incident. Emphasis is placed on the day-to-day challenges firefighters face at structure fires, multiple-alarm fires and multiple fires within a single shift. These same principles can be applied to the performance of duties at natural disasters, catastrophic events and acts of terrorism. The course is a physically demanding and mentally challenging program. Its design allows each candidate to understand and manage their physical and mental limitations under safe but stressful realistic conditions. Coupled with constant situational awareness drills and forced decision making, the candidate gains condensed experience and therefore is able to operate more efficiently and safely at incidents. The program has a long history of improving lives and careers through the emersion of servant leadership principles. The course is continually updated to stay on the leading edge of firefighting technology and firefighter safety.

If approved, two Fire Department personnel, a Captain and an Engineer, would travel to Dalton, Georgia from November 13-18, 2022 to attend the class and bring knowledge learned back to share with the rest of the Department. Funding from the Department's training budget would be used to pay for the cost of the training and travel.

RECOMMENDATION: That the City Council authorize travel by City representatives to Dalton, Georgia to attend Smoke Divers Training.

ATTACHMENTS: 1. Georgia Smoke Diver Physical Training Guide Appropriated/Funded:

Review By:

Item No. 17.

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager

GEORGIA SMOKE DIVER

PHYSICAL TRAINING GUIDE

THE COMPLETE WORKOUT GUIDE FOR THE GEORGIA SMOKE DIVER PROGRAM Created By: A Georgia Smoke Diver, Georgia Smoke Diver Association. (2021)

PROGRAM OVERVIEW
The Georgia Smoke Diver course is a six-day, 60-hour program designed for the experienced firefighter who desires realistic training in self-survival, firefighter rescue, advanced search & rescue, thermal imaging, emergency procedures, teamwork, discipline, team leadership, situational awareness and decision making as well as how to function within the elements of the Incident Command System.

The program condenses and replicates the extreme demands that may be placed on firefighters at any incident. Emphasis is placed on the day-to-day challenges firefighters face at structure fires, multiple-alarm fires and multiple fires within a single shift. These same principles can be applied to the performance of duties at natural disasters, catastrophic events and acts of terrorism. The course is a physically demanding and mentally challenging program. Its design allows each candidate to understand and manage their physical and mental limitations under safe but stressful realistic conditions. Coupled with constant situational awareness drills and forced decision making, the candidate gains condensed experience and therefore is able to operate more efficiently and safely at incidents. The program has a long history of improving the lives and careers of Georgia firefighters, as well as firefighters throughout the nation, through the emersion of servant leadership principles. The course is continually updated to stay on the leading edge of firefighting technology and firefighter safety while the core mission remains the same as developed in 1978.

This unique course is conducted by the Georgia Smoke Diver Association. Due to the rigorous schedule, demanding scenarios and the physical and mental demands of the course, all nutrition and fluid intake is monitored and documented. A licensed physician's verification of the candidate’s ability to participate in the course is required. All participants are required to utilize lodging arrangements provided, for the accountability and safety of the candidate.

THE SMOKE DIVER'S CREED
If I persist, if I continue to try, if I continue to charge forward, I will succeed. I will not hear those who weep and complain, for their disease is contagious. The prizes of life are at the end of each journey, not near the beginnings, and it is not given to me to know how many steps are necessary in order to reach my goal. I will never consider defeat, and I will remove from my vocabulary such words as quit, cannot, unable, impossible, failure, and retreat, for these are the words of fools and cowards. When my thoughts beckon my tired body homeward, I will resist the temptation to depart. I will try again. I will make one more attempt to close with victory, and if that fails, I will make another. When others cease their struggle, then mine will begin, and my harvest will be full.

PREPARING FOR THE GEORGIA SMOKE DIVER PROGRAM
The Georgia Smoke Diver (GSD) Physical Training Guide (PTG) provides information about the type of training required to properly prepare for the demands of the Georgia Smoke Diver Course.

Each week of progressively harder workouts in the PTG is designed to help you develop the strength and endurance to withstand the rigors of training.

The PTG is designed to assist anyone who wants to improve their fitness in order to take and pass the GSD Physical Qualification Test (PQT) and succeed at the Georgia Smoke Diver Course.

The PTG offers a 16-week training template that will help future candidates train effectively and minimize the risk of injury. The training template can be modified to suit your individual needs.

If you want, you can extend the 16-week training template indefinitely.

QUALIFICATION TEST
The Georgia Smoke Diver Qualification Test is an indoctrination and screening tool for acceptance into the Smoke Diver Course. Candidates are tested on their Firefighter I cognitive knowledge as well as their physical abilities. The FF I test consists of 50 multiple choice questions, in which the candidate must have a minimum score of 80% to continue.

The physical ability portion includes 6 events which are timed and scored.

These Events Include:
• 10 Palms-Away Pull Ups
• 25 Pike Pole Pulls
• 5-Story Stair Ascent and Descent with Hose-Pack
• Equipment Hoist
• Rescue Drag
• 1.5 Mile Run
This Physical Training Guide Is Specifically Designed To Help Candidates Prepare For The Physical Portion Of The Qualification Test As Well As Develop The Necessary Strength And Endurance To Withstand The Physical Demands Of Training They Will Have to Endure During The 60-Hour Georgia Smoke Diver Course.

SMOKE DIVER PT
In addition to daily fireground based evolutions performed in full gear, including SCBA on air and classroom style lectures, each candidate should be prepared for morning physical training that will also include a group run. PT will be performed in the day’s PT attire, as well as Full Firefighter PPE, while the run is to be performed in normal gym attire and running shoes.

Candidates will be expected to excel in all aspects of training, including daily PT, group runs, and the Obstacle Course. Failure to meet the standard can result in a Drop on Performance (DOP) from the program or a Drop on Request (DOR) if the candidate feels they cannot or do not want to continue the training.

DAILY PT EXERCISES
• JUMPING JACKS
• MOUNTAIN CLIMBERS
• PUSH UPS
• UP/DOWNS (BURPEES)
• ARM CIRCLES
While these exercises are simple in design, the candidate must develop the necessary strength and endurance to not only meet the standard but excel. Candidates should be able to perform these exercises in normal gym attire and in full PPE for long undetermined durations. Failure to do so can result in a performance drop or the strong desire to quit in which they can Drop on Request (DOR).

For further information on the above-mentioned exercises, refer to the Exercise Index.

DAILY GROUP RUNS
As a part of your morning PT session, you will perform a group run with the rest of your class.

This run varies in distance, duration, and intensity. Passing the 1.5 Mile Run with a minimum score as part of your Qualification Test will not guarantee your success throughout the course.

You must be able to excel in every aspect of this training including the group runs, failure to meet the standard and/or keep up can result in a performance drop from the program.

Over the years the attrition rate of the course has ranged from 30% to 75%. Most of those who drop out on request did not adequately prepare for the class either physically and/or mentally.

Failure to prepare accordingly is preparing to fail.

THE OBSTACLE COURSE
The Georgia Smoke Diver Obstacle course is designed to reinforce certain fireground behaviors and to stress all the muscle groups, work the cardiovascular system and improve air consumption while wearing the self-contained breathing apparatus.

The obstacle course includes many common fire ground activities including hoisting equipment, climbing ladders, maneuvering on ceiling rafters, chopping, dragging hose, searching, nozzle and hose management and more. The combination of the calisthenics and obstacle course are the equivalent of working hard at 2-3 incidents.

We have found that job related obstacle courses are one of the best uses of physical training time. These courses can be used to instill desired behaviors through repetition. Working out in full protective clothing and breathing apparatus conditions the cardiovascular system and muscular system to perform in the environment firefighters actually work in.

Obstacle courses can be created at just about any fire station with existing equipment.

See below for some suggested obstacle course stations:

Pike Pole Pull
The student will pull the handle of a pike pole downward until it touches the ground 25 times. The pike pole will be attached to a rope/cable that is attached to 50 lbs. of hose. The student will be required to complete this task using primarily the upper body to complete the pull. The pike pole handle & hose must touch the ground successively in order to complete the cycle. This exercises the upper body and grip strength.

Ladder Setup
The students will work as a team to remove a 24-foot extension ladder from a climbing position on the building, carry the ladder 50 feet down and around a cone and return the ladder to its original position. This exercise requires flexibility, upper body, and leg strength.

Hose Evolution (Flashover)
The student will enter the room, locate the hose line and follow it toward the nozzle, identifying the team's direction of travel. Upon reaching the nozzle the team will flow water into the ceiling area to demonstrate actions to stop or prevent flashover conditions. This evolution works the arms, shoulders, legs and cardiovascular system.

Team Search & Rescue
The student will perform a search pattern of the interior floor with a partner, locate a victim, and remove the victim to the nearest exit. This evolution requires flexibility of the upper and lower extremities, back and shoulders, strength in the upper and lower body, and works the cardiovascular system.

Low Profile Maneuver
The student will enter the room, locate and negotiate the restricted opening. This evolution works the upper extremities, back, legs and cardiovascular system.

Vertical Chop
The student will use the Keiser Force Machine for this exercise. Using a dead blow hammer, the student shall drive the sled the full distance of the track. An alternate method of using a tire and sledgehammer may also be used. This exercise requires flexibility of the upper body, strength in the arms, and works the cardiovascular system.

Accordion Hose Carry
The student will lift and carry 50 lbs. of hose folded into an accordion load a distance of 100 feet.

This exercises the lower back, shoulders, legs, and cardiovascular system.

Forcible Entry
The students, working as a team, will use the tools provided to properly force open an inward or outward swinging door.

Attic Crawl
The student will crawl up through an attic scuttle, cross a set of floor joists a distance of approximately 12 feet, and exit out a second attic scuttle. This exercise requires full flexibility of all major muscle groups and works the cardiovascular system.

Ladder Bailout
The student will enter the prop and perform a head-first ladder bailout by exiting through the window onto a straight ladder. This requires flexibility of all major muscle groups, strength in the upper and lower body and works the cardiovascular system.

Rolled Hose Carry
The student will carry two (2) 50 lbs. sections of rolled hose with handles a distance of 100 feet.

This exercise tests back flexibility and requires upper and lower body strength.

Hose Advance
The student will advance a hose line to a designated area and flow water from the nozzle. This evolution requires flexibility of the upper & lower extremities, back & shoulders, strength in the upper & lower body, and works the cardiovascular system.

Equipment Hoist
The student will pull a ½ inch diameter rope with 50 lbs. of hose attached up to the roof of the burn building hand over hand; a distance of 26 feet. The equipment is then lowered to the start position, hand over hand. This exercises the upper body strength and the cardiovascular system.

Fan Carry
The student will lift a smoke ejector fan from the ground and carry it a total distance of 100 feet.

This exercise requires upper and lower body strength.

Tire Flip
The student will flip the tire a total of six (6) times. This requires flexibility of the back, upper and lower body strength.

Hose Drag
The student will drag the hose drag prop a distance of 50 feet. This requires flexibility of the back, upper and lower body strength.

Please note that the actual Georgia Smoke Diver Obstacle Course is not published in order to maintain the uncertainty that adds to the mental stress of the candidate

TRAINING
The condition that a firefighter must be in to adequately perform on the fireground can be compared to that of a professional athlete. Unlike professional athletes, we don’t know when the next fire is, we don’t get to warm up and we don’t have the benefit of professional coaches, massage therapists, medical staffs and state of the art gym equipment. There has always been controversy regarding fitness standards. There is no current fitness test or standard for the State of Georgia firefighters. Many local departments have fitness standards for their hiring process but nothing for incumbent members.

The Georgia Smoke Diver program places high importance on firefighter conditioning. Remember, heart attacks are still the number one killer of firefighters nationally. The Smoke Diver course is not designed to increase the physical fitness of a firefighter. However, firefighter fitness is a byproduct of the entire training and preparation for the course. So, the program does have a positive impact on firefighters' level of fitness.

The physical training portion of the Georgia Smoke Diver course is designed to warm up and then stress all the muscle groups, work your cardiovascular system and your flexibility. Calisthenics and the Obstacle Course are used because of time restraints. The calisthenics are used as a warm-up to prevent injuries on the obstacle course.

MISSION
To prevent death and injury by training firefighters to be adaptable and to develop critical decision-making skills in high stress environments.

CORE VALUES
Competence · Honor · Integrity
Mental Toughness · Servant Leadership
Commitment

GENERAL PHYSICAL PREPARATION (GPP)
General Physical preparation (GPP) is intended to provide balanced physical conditioning in endurance, strength, speed, flexibility, and other basic factors of fitness. It is “General” in the fact that it is not training for a “specific” event. GPP helps prevent imbalances and reduce injuries as it should be geared towards addressing weak links and areas that go undeveloped due to “specific” training. Means of GPP training may include Functional Fitness, Weight Training, BJJ, Rucking, Sled Drags, Heavy Stones, Playing Recreational Sports, etc. Use GPP workouts to help build your conditioning base without over training. GPP can also be active recovery activities that help promote restoration throughout your training that will increase your performance during your specific training.

RUNNING WORKOUTS
GSD utilizes daily group runs as part of your morning PT regiment to prepare the candidates for the day’s training. These runs are varied in distance, time, and intensity and will require you to keep up or risk the chance of being Dropped on Performance for failing to meet the standard. To prepare for these as well as your 1.5 Mile Run as part of the Qualification process, you should train your Speed as well as your Endurance. This guide provides a 16-week workout progression focusing on both of these aspects. Refer to the table below for your target paces based off your goal and specific intervals you are training that week. Do not move on to the next week of Running Workouts until you are able to finish all intervals at or below your target pace.

Target

1.5 Mile
Time
Interval Distances
Mile
Pace 100m 200m 400m 800m 1200m 1600m
10:30 7:00 0:27 0:53 1:45 3:29 5:14 6:58
11:00 7:20 0:28 0:55 1:50 3:39 5:29 7:18
11:30 7:40 0:29 0:58 1:55 3:49 5:43 7:38
12:00 8:00 0:30 1:00 2:00 3:59 5:58 7:58
12:30 8:20 0:32 1:03 2:05 4:09 6:13 8:18
13:00 8:40 0:33 1:05 2:10 4:19 6:28 8:37
Weekly Training Program
Below is an example of how you could structure your Weekly Training Program. You can arrange your workouts for the first 16 weeks or for longer periods until you are ready. You'll want to create balance in your workouts, considering how different workouts may interfere with each other, but results vary among different people so construct a schedule that works best for you.

It may be preferable to split a day into morning and afternoon/evening sessions to allow better recovery, but if that is not practical, do a single session. Worry more about completing your workouts every week rather than worrying about the exact schedule. Over time, make adjustments if necessary, to the days you do specific workouts, but keep following the general progressions for increasing your running, calisthenics, and workouts in gear. Maintain your commitment to train as effectively as possible to prepare appropriately before showing up for the Georgia Smoke Diver Course.

Weekly Plan for 16 Weeks
Mon Tue Wed Thu Fri Sat Sun
PT In Gear PT In Gear PT G.P.P. Rest/Active
Recovery
Run – Speed G.P.P. Run - LSD
PT = Jumping Jacks, Mt Climbers, Push Ups, & Up Downs
Start by performing these in normal gym attire, as you progress add your PPE, and then SCBA.

G.P.P. = General Physical Preparation
In Gear = Obstacle Course, SCBA Confidence, Full PPE on Air, etc.

BENCHMARKS
Here are some benchmarks that you can test yourself against to know if you are “ready”:
“DEATH BY GSD”
GOAL > 10 RDS
“F.I.D.O”
GOAL < 40MIN

EXERCISE INDEX - GSD CALISTHENICS

JUMPING JACK

MT CLIMBER

PUSH UP

UP DOWN
SAMPLE GSD “PT” WORKOUTS
(CALISTHENICS)
Deck of Cards Workout
In this exercise you will assign an exercise to each suit and face card. The number will reflect your reps. Time should be kept to under an hour.

Examples:
• Hearts = Pull-ups
• Spades = Push-ups
• Clubs = Mt. Climbers
• Diamonds = Up Downs
• Aces = Jump Rope or Sprints
• Kings = Tire Hammer (8 lbs. sledge)
• Queens = Jumping Jacks
• Jacks = Arms Circles (at least 60 secs)
Tabata GSD – 0:20 Work / 0:10 Rest
• Jumping Jacks
• Mt. Climbers
• Push-ups
• Up Downs
Start by going for 10 min (0:20/0:10 x 20 Rds.); as the weeks progress, increase the rounds until you are able to PT for 20-30 min straight. Once this is easy, start back over and add in PPE working up until you are able to PT in Full PPE including SCBA.

GSD PT Pyramid
1-2-3-4-5-6-7-8-9-10+…3-2-1
• Up Down
• Mt. Climber
• Push Up
• Jumping Jack
• (All movements are 4-count exercises)
Pick a Goal “Peak” and work Up and then back Down as quickly as possible. As the weeks progress, add in PPE until you are able to PT in Full PPE including SCBA.

Running – Speed Intervals
Week
Total
Volume
Intervals
Focus On Completing Each Interval At Your Target Pace
Refer To Table To Decide On Your Target Pace
Rest: 1 To 3 Minutes B/T Efforts
Try To Reduce Your Rest Time B/T Efforts As The Weeks Progress Walk Or Jog During Rest Intervals
1 2 3 4 5 6
1 1.5 Miles Run 1.5 Mile Time Trial
2 800m 200m 200m 200m 200m
3 1000m 200m 200m 200m 200m 200m
4 1200m 200m 200m 200m 200m 200m 200m
5 1200m 400m 400m 400m
6 1600m 400m 400m 400m 400m
7 2000m 400m 400m 400m 400m 400m
8 1.5 Miles Run 1.5 Mile Time Trial
9 2400m 400m 400m 400m 400m 400m 400m
10 2400m 800m 800m 800m
11 3200m 800m 800m 800m 800m
12 3600m 1200m 1200m 1200m
13 4800m 1200m 1200m 1200m 1200m
14 3200m 1600m 1600m
15 4800m 1600m 1600m 1600m
16 1.5 Miles Run 1.5 Mile Time Trial
Running – Long Slow Distance Intervals (LSD)
Week
Total
Volume
Intervals
Focus on accumulating the mileage and less on specific pacing As the weeks progress shoot for faster 3 Mile Time Trials Rest: 2 To 5 Minutes B/T Efforts
Try To Reduce Your Rest Time B/T Efforts As The Weeks Progress Walk Or Jog During Rest Intervals
1 2 3 4 5 6
1 3 Miles Run 3 Mile Time Trial
2 2 Miles 1 Mile 1 Mile
3 2 Miles 2 Miles
4 3 Miles 1 Mile 1 Mile 1 Mile
5 3 Miles 1.5 Miles 1.5 Miles
6 3 Miles 2 Miles 1 Mile
7 4 Miles 1 Mile 1 Mile 1 Mile 1 Mile
8 3 Miles Run 3 Mile Time Trial
9 4 Miles 1.5 Miles 1.5 Miles 1 Mile
10 4 Miles 2 Miles 1 Mile 1 Mile
11 4 Miles 2 Miles 2 Miles
12 5 Miles 3 Miles 1 Mile 1 Mile
13 5 Miles 3 Miles 2 Miles
14 5 Miles 4 Miles 1 Mile
15 5 Miles 5 Miles
16 3 Miles Run 3 Mile Time Trial
Item No. 18.

CITY COUNCIL AGENDA – OCTOBER 4, 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 September 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 November 3, 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 4th day of October, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Item No. 19.

CITY COUNCIL AGENDA – OCTOBER 4, 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 September 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. 19.
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. 19.
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. 19.
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. 19.

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. 19.
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