Agenda packet — Porterville City Council, November 1, 2022 (part 1 of 2)

City Council Agenda November 1, 2022

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CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
NOVEMBER 1, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, 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 November 1, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/87813395728?pwd=RUxDUnozU0UrZkdSQmp0bHdhdnp4Zz09 Or via Telephone: 1-669-900-6833 Webinar ID: 878 1339 5728 Passcode: 098321 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: A portion of 302-110-054. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Tule River Tribe of California. Under Negotiation: Terms and Price.

2 - 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.

3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Angelica Aldaco v. California Department of Transportation, et al., Tulare County Superior Court Case No. PCU293166.

4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Six (6) cases in which facts are not yet known to potential plaintiff.

City Council Agenda November 1, 2022

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

REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Mayor Flores
Invocation

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. Mighty 190 Committee - October 19, 2022

2. Tulare County Association of Governments Coordination Meeting - October 19, 2022

3. Tulare County Homeless Task Force - October 19, 2022

4. Tulare County Regional Transit Agency Board - October 20, 2022

5. Tulare County Economic Development Corporation Board - October 26, 2022

6. Internal City Audit Committee - October 26, 2022

7. City Fall Luncheon - October 27, 2022

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

II. Staff Informational Reports
Street Performance Measure Quarterly Report FY 2022-2023 (July - September 2022) Charitable Car Washes Quarterly Report Calendar Year 2022 City Commission and Committee Attendance Quarterly Report FY 2022-2023 (July - September 2022)
City Council Member Appointments Attendance Quarterly Report FY 2022-2023 (July - September 2022)
Code Enforcement Quarterly Report FY 2022-2023 (July - September 2022) Golf Course Quarterly Report FY 2022-2023 (July - September 2022) City Council Agenda November 1, 2022

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OHV Park Quarterly Report FY 2022-2023 (July - September 2022) Building Permit Activity Quarterly Report FY 2022-2023 (July - September 2022)

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

1. Authorization to Purchase Shade Structure
Re: Consideration to authorize the purchase and installation of a shade structure at the skate park located at Veterans Park from California State Parks Per Capita Program funds for an amount not to exceed $58,526.19.

2. Purchase of Police Vehicles and Associated Equipment Re: Authorizing staff to negotiate the purchase of Police Department vehicles and equipment as identified in an estimated amount of $670,000.

3. Marching Through Time Agreement with Fine Art Conservation Laboratories.

Re: Consideration to approve the Agreement with Fine Arts Conservation Laboratories for restoration services on the "Marching Through Time" mural located in Centennial Park.

4. Approval of the City Library's Amended Rules of Conduct Re: Consideration to approve the draft Resolution adopting the proposed amended Rules of Conduct for the City Library.

5. Approval of the Library's Internet Use Policy
Re: Consideration to approve the Library's Internet Use Policy to be in compliance with the Children's Internet Protection Act.

6. Financial Status Reports
Re: Consideration to accept the Financial Status Report for the quarter ending September 30, 2022

7. Quarterly Investment Portfolio
Re: Consideration to accept the quarterly Investment Portfolio Summary Report.

8. City Council Member Requested Agenda Item - Consider City Code Prohibiting Commercial Vehicles From Using Certain Streets
Re: Consider Mayor Flores' request to consider and review the City's Code for prohibiting commercial vehicles from using certain streets.

9. Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
Re: Consider adoption of a draft Resolution consistent with AB 361 to continue to allow remote attendance at public meetings.

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

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible City Council Agenda November 1, 2022

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PUBLIC HEARINGS

11. Consideration of Conditional Use Permit (PRC 2020-049-C) and Tentative Parcel Map No. 2022-001
Re: Consideration to adopt the draft Resolution finding the proposal exempt from CEQA and approving Conditional Use Permit (PRC 2020-049-C) and Tentative Parcel Map No. 2022- 001 subject to conditions of approval.

12. Adoption of the 2022 California Building Codes
Re: Consideration to approve the draft Ordinances adopting the 2022 Editions of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Green Building Standards, Historical Buildings, Existing Buildings, and Referenced Standards Codes

13. Adoption of the 2022 California Fire Code
Re: Consideration of a draft Ordinance adopting the 2022 Edition of the California Fire Code.

14. Ordinance Amending the Porterville Municipal Code Concerning Code Enforcement Functions and Fire Department Personnel
Re: Consideration of draft Ordinance amending Chapters 2, 12, and 17 of the Porterville Municipal Code as it pertains to the Fire Department to match and reflect current State standards and local practices.

SCHEDULED MATTERS

15. Review of Cannabis Operating Permit Application Scores Re: Consideration of results of the overall scoring procedure established by the City Council and directing staff to begin negotiations for a Development Agreement with Bloom Farms.

16. Consideration of Appointment to the Arts Commission Re: Considering the appointment of an individual to serve on the City's Arts Commission.

17. Review Process for Fireworks Sales
Re: Consideration of the process by which fireworks sales are conducted annually by the City of Porterville.

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 November 15, 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 City Council Agenda November 1, 2022

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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.

Item No.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Street Performance Measure Quarterly Report FY 2022-2023 (July - September 2022)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide the City Council with an update on progress made on street reconstruction, overlay, micro-surfacing, and pothole repair efforts for the first quarter of FY 2022-2023 (July-September 2022). For Council's information, when reviewing the report, the light blue bar represents staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews have focused mainly on overlay and pothole repair efforts during this first quarter reporting period. Main Street reconstruction (Olive Avenue to Morton Avenue), Newcomb Street reconstruction (Olive Avenue to Porter Slough), Villa Street reconstruction (Olive Avenue to Westfield Avenue), Henderson Avenue rehabilitation (Westwood Street to Patsy Street), Union Avenue reconstruction (Indiana Street to Jaye Street), Morton Avenue reconstruction (Westwood Street to Plano Street), Grand Avenue (Fourth Street to Plano Street) and Henrahan Street (Grand Avenue to Morton Avenue) reconstruction, Montgomery Avenue reconstruction (Jaye Street to H Street), and Date Avenue (Jaye Street to H Street) and Kessing Street (Date Avenue to River Avenue) widening are all under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Streets Performance Measure Quarterly Report (July - September 2022)
Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
2022/2023 Level of Service Report 1st QUARTER REPORT - July 1, 2022 - September 30, 2022 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction.(Length represents street lanes) 4000 LF
12000 LF
20000 LF
28000 LF
36000 LF
44000 LF
52000 LF
60000 LF
68000 LF
76000 LF
84000 LF
92000 LF
100000 LF
Total FY 22/23: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF
6000 LF
10000 LF
14000 LF
18000 LF
22000 LF
26000 LF
30000 LF
34000 LF
38000 LF
42000 LF
48000 LF
52000 LF
Total FY 22/23: 36,260 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF
20000 LF
28000 LF
36000 LF
44000 LF
52000 LF
60000 LF
68000 LF
76000 LF
84000 LF
92000 LF
100000 LF
Total FY 22/23: 0 Lineal Feet

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair(Each Square Represnts Approx. 250 Potholes Repaired) 2000 SF
4000 SF
6000 SF
8000 SF
10000 SF
12000 sf
14000 sf
16000 sf
18000 sf
20000 sf
22000 sf
24000 sf
Total FY 22/23: 3,024 Square Feet
Total annual effort in lineal feet or square footageCompleted as of 09/30/2022 1st QUARTER REPORT - July 1, 2022 - September 30, 2022
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2022-2023\2022-2023 Level of Service Progress Report 1st quarter.xls CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Charitable Car Washes Quarterly Report Calendar Year 2022 SOURCE: Finance
COMMENT: In accordance with City Council direction, staff is providing a report on charitable car wash permits issued during the year. Article VI, Section 15-30 of the City Code allows up to four car washes by a charitable organization in a calendar year.

For the period of January 1 to September 30, 2022, there have been no charitable car wash applications received or permits issued.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Municipal Code Chapter 15 Article VI. Charitable Car Wash Permit Procedure
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
ARTICLE VI. CHARITABLE CAR WASH PERMIT PROCEDURE
SECTION:
15-70: Definitions
15-71: Permit Required For Charitable Car Wash
15-72: Application For Permit
15-73: Issuance And Form Of Permit
15-74: Term Of Permit
15-75: Nontransferability Of Permit
15-76: Manner Of Car Wash
15-77: Fundraising As A Business
15-78: Revocation Of Permit
15-79: Violations
15-80: Car Washing As A Business
15-70: DEFINITIONS:

For purposes of this article, the following definitions shall apply:

APPLICANT: A member of a charitable organization who applies for a car wash permit on behalf of the charitable organization.

CHARITABLE: Benevolent, civil, religious, educational, fraternal, patriotic, political, philanthropic or other similar purposes.

CHARITABLE CAR WASH: A temporary vehicle washing operation conducted by members of a charitable organization for organization fundraising purposes. It shall not be deemed to include the operation of an authorized permanent vehicle washing business or service station authorized to wash vehicles on its premises, although a car wash, as defined above, may be conducted on such premises.

CHARITABLE ORGANIZATION: Means and includes an organization which is a duly organized governmental or not for profit charitable, religious, civic, patriotic or community service organization; and the organization must have a tax exempt identification number assigned to it.

PERMIT HOLDER: The charitable organization who has been granted a permit pursuant to this article for the purpose of conducting a charitable car wash.

PERSON: Any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

RELIGIOUS OR RELIGION: Has the meaning established by the supreme court of the state or the supreme court of the United States.

RESIDENTIAL PROPERTY: A building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments. (Ord. 1669 § 1, 6-21-2005) 15-71: PERMIT REQUIRED FOR CHARITABLE CAR WASH:

A. It is unlawful for any person to engage, directly or indirectly, in a charitable car wash without first obtaining a valid charitable car wash permit pursuant to the provisions of this article.

B. The permit application shall include a written application to sponsor the charitable car wash by the owner or lessee of the property upon which the car wash is to be held.

C. The car wash permit issued under this article to a charitable organization must be prominently displayed at the location where the car wash is conducted and shall be removed at the completion of the car wash. (Ord. 1669 § 1, 6-21-2005)
15-72: APPLICATION FOR PERMIT:

A. Applications for charitable car wash permits shall be made to the finance department upon forms prescribed by the city. The application shall be declared under penalty of perjury and filed with the finance department not less than five (5) consecutive business days prior to the time at which the applicant wishes to conduct said car wash.

B. A nonrefundable application fee an amount to be set by resolution shall be paid by the applicant. The application fee shall be based solely upon the administrative costs in processing the application and issuing the permits.

C. Such applications shall contain the following information and documentation:

1. The full name, mailing address, principal business and telephone number of the charitable organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any.

2. The name and address of the sponsor, with a statement by the sponsor that he/she is the owner or lessee of the property where the car wash is to be held or is an employee or agent of the owner or lessee who has been delegated control of the premises by the owner or lessee, and that the sponsor assumes all liability regarding the car wash.

3. The full name and address of the person or persons who will be in charge of conducting the car wash.

The names and addresses of each individual who will actually be engaged in the car wash shall be on file at the agency/organization conducting the car wash and shall be made available to the city police department upon request at any time.

4. The time when such car wash will be held, including preferred date and hours of the day for commencement and termination of the car wash.

5. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the charitable organization by the city or any department or officer thereof.

6. Proof evidencing that the permit holder is a bona fide charitable organization.

7. The number of car washes that have been held by the charitable organization in that particular calendar year, and the number of car washes that have been held at that particular location in that particular calendar year.

8. Such supplemental information requested by the finance department as the finance department may require. The finance department may require that such information be updated during the time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.

D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the finance director in writing thereof prior to five o'clock (5:00) P.M. the day before such change.

E. The application documents shall be available for public inspection. (Ord. 1669 § 1, 6-21-2005) 15-73: ISSUANCE AND FORM OF PERMIT:

A. The finance department shall issue the permit, unless it finds that:

1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so.

2. The applicant has not provided the information required by this article and fails to provide the missing information after being requested to do so.

3. The application indicates that the proposed car wash will violate any of the requirements of this article and the applicant fails to amend the application to indicate compliance with said section after being requested to do so.

4. The number of charitable car washes by the charitable organization applying for said permit exceeds four (4) in a calendar year, or the number of charitable car washes held at a particular location exceeds four (4) per calendar year. The location requirement shall not pertain to licensed commercial car washes.

5. The applicant has violated any of the provisions of this article within one year of the date the application is submitted, resulting in the imposition of a fine or the revocation of a prior permit.

B. Nothing set forth in this article shall be construed as granting to the finance department or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this article.

C. The finance department shall either issue or deny the requested permit within two (2) consecutive business days after the date the application is made. In the event of denial, the finance department shall give the applicant a written notice which states with specificity the reasons therefor. In the event the finance department fails to act within the time prescribed, the permit shall be deemed issued.

D. The permit, if issued, shall include the following information:

1. The name and address of the permit holder;

2. The date for which the permit is valid;

3. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the car wash;

4. A permit number; and

5. The signature of the finance director or his/her designee. (Ord. 1669 § 1, 6-21-2005) 15-74: TERM OF PERMIT:

Permits issued under this article shall be valid only for the date specified in the application for the car wash and as stated on the permit. (Ord. 1669 § 1, 6-21-2005)
15-75: NONTRANSFERABILITY OF PERMIT:

No permit issued under this article shall be transferred or assigned, and any attempt at assignment or transfer shall be void. (Ord. 1669 § 1, 6-21-2005)
15-76: MANNER OF CAR WASH:

A. Car washes held pursuant to permits under this article:

1. Shall take place between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.

2. Shall be conducted for a one day period only.

3. Shall not be conducted by any person under the age of sixteen (16) years, unless supervised by an adult.

4. Shall not be conducted at any house, apartment or other dwelling nor an area zoned for residential use only.

5. Shall be conducted in an area zoned for commercial uses; and such location shall have a means of collecting the wash water and shall discharge the water to the city sewer collection system.

6. Shall use biodegradable soaps or detergents, and shall not violate any of the provisions of chapter 25 of this code, concerning wastewater discharge requirements.

7. Shall have a means in place to limit wastewater or runoff such as pistol grip nozzle or similar apparatus affixed to each garden hose or water source.

8. Shall not allow any person to solicit cars or other contributions from a position in or on any public right of way, including, but not limited to, sidewalks, traffic islands, driveways or the like as to endanger that individual or others.

9. Shall not be conducted at any commercial property which has held four (4) prior car washes in the calendar year (excluding licensed commercial car wash locations).

10. Shall take place at a distance of more than twenty five feet (25') from the street curb, or from the near edge of the travel lane or lanes of any uncurbed street or road.

11. Shall utilize temporary signs, if any signs are utilized, in compliance with the city's applicable regulations concerning temporary signs.

12. Shall not be conducted by a charitable organization which has held four (4) prior car washes in the calendar year. Four (4) applications per tax exempt identification number, and four (4) permits per tax exempt identification number, will be allowed in the calendar year.

B. It is unlawful for a "permit holder", as defined herein, to:

1. Refuse to provide their name and a copy of the permit issued under this article, if requested by city representatives.

2. Misrepresent their identity or the identity of the charitable organization conducting the charitable car wash for which he or she is an agent.

3. Misrepresent that the charitable car wash permit issued under this article is an endorsement by the city, or any department or employee thereof, of the charitable car wash. (Ord. 1669 § 1, 6-21-2005) 15-77: FUNDRAISING AS A BUSINESS:

An organization in the business of fundraising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, must comply with this article. If such an organization is soliciting on behalf of a nonprofit organization, the nonprofit organization shall obtain a permit pursuant to this article. (Ord. 1669 § 1, 6-21-2005) 15-78: REVOCATION OF PERMIT:

Any violation of this article by applicant or permit holder shall be cause for revocation of a permit issued pursuant to this article. Upon determination by an authorized representative of the city that a car wash is being conducted without a valid permit or in violation of the requirements of this article, said unlawful activity shall cease immediately, and all persons associated with said car wash shall be dispersed within one hour after the giving of said notice. Failure or refusal by the charitable organization and/or the owner/sponsor to cause a car wash in violation of these regulations to cease operations, after receiving such notification from the city official, shall constitute a separate violation of this article. Furthermore, any organization that violates this article shall be ineligible for the issuance of a permit for a period of one year. (Ord. 1669 § 1, 6-21-2005) 15-79: VIOLATIONS:

Every person who, for himself or herself, or as the agent of another, commences, engages in or conducts a car wash as provided in this article without procuring the permit as required under this article or who fails to comply with the conditions of this article shall be guilty of an infraction punishable by:

A. A fine not exceeding one hundred dollars ($100.00) for a first violation; B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; and C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. (Ord. 1669 § 1, 6-21-2005)
15-80: CAR WASHING AS A BUSINESS:

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord. 1669 § 1, 6-21-2005) CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: City Commission and Committee Attendance Quarterly Report FY 2022-2023 (July - September 2022)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information the attendance reports as of the first quarter FY 2022-2023 for the following City Commissions and Committees:
 Animal Control Commission
 Arts Commission
 Library & Literacy Commission
 Parks & Leisure Services Commission
 Transactions & Use Tax Oversight Committee
 CDBG Advisory & Housing Opportunity Committee
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Animal Control Commission

2. Arts Commission

3. Library & Literacy Attendance

4. Parks & Leisure Services Commission

5. Transactions and Use Tax Oversight Committee

6. CDBG Advisory and Housing Opportunities Committee
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Animal Control Commission 30-Sep-22
Attendance Records
2022 2022 2022 2022 2022 2022 2022
May June July 11-Aug Sept Oct Dec Notes:

Kathy Guinn * * * P
Jerry Hall * * * A
Art Duron * * * P
Kat Harris * * * P
Shawn Schwartzenberger * * P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr Notes:

Florenza Pizanis * * * * * *
Jerry Hall * * * * * *
Kathy Guinn * * * * * *
Kat Harris * * * * * *
Art Duron * * * * * *
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2021 2021 2021 2021
Mar Apr May June July Aug Sept Notes:

Florenza Pizanis P P ** ** P
Jerry Hall P A ** ** A
Kathy Guinn P P ** ** P
Kat Harris P P ** ** P
Art Duron A A ** ** P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2020 2020 2020 2020 2020 2021 2021
Aug Sept Oct Nov Dec Jan Feb Notes:

Florenza Pizanis
Jerry Hall
Kathy Guinn
Kat Harris
Vacant
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.

No meetings held due to COVID.

Arts Commission As of September 30, 2022
Attendance Records
2022 2022 2022 2022 2022 2022 2022 2022
Apr May June July Aug Sept Oct Nov
Kyree Perkins P P P ** P
Emily Luna P P P ** P
Diego Monterrubio A A A ** A
Eden Santos A A P ** Vacated seat 8/22
Maria Menga P P P ** P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2022 2022 2022
Aug Sept Oct Nov Dec Jan Feb Mar
Kyree Perkins *P ** P *P P P P P
Emily Luna *P ** P *P P P P P
Diego Monterrubio *A ** A *A A A A A
Eden Santos *A ** P *A PP A A
Maria Menga ** P *A PP P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2021 2021 2021
Dec Jan Feb Mar Apr May June July
Vacant **
Kyree Perkins *P *P *A **
Emily Luna *P *P *A **
Diego Monterrubio *A *A *A **
Eden Santos *A *A *P **
(Student) vacancy **
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2020 2020 2020 2020 2020 2020 2020
April May June July Aug Sept Oct Nov
Vacant
Kyree Perkins
Emily Luna
Diego Monterrubio
David Mason
(Student) vacancy
2019 2019 2019 2019 2019 2020 2020 2020
28-Aug 25-Sep 23-Oct 27-Nov 25-Dec 22-Jan 4-Mar 24-Mar
Donna Serna A* ** A ** ** ** **
Kyree Perkins P* ** P ** ** ** P **
Emily Luna P* ** P ** ** ** P **
Diego Monterrubio A* ** A ** ** ** **
David Mason P ** ** ** P **
(Student) vacancy
* No meeting due to lack of quorum.
** Meeting Cancelled
No meetings held due to COVID-19.

No meetings held due to COVID.

LIBRARY & LITERACY COMMISSION - Attendance Record As of September 30, 2022 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2022 2022 2022 2022 2022 2023 2023 2023 2023 2023
Aug Sept Oct Nov Dec Jan Feb Mar Apr May
PP
PP
PP
PP
PP
2021 2021 2021 2022 2022 2022 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr May June July

PPPPPPPP

PEPEPPPP

PPPPPPPP

PPPEPPPP
P

PPPPPEP
2020 2020 2020 2020 2021 2021 2021 2021 2021 2021
Jan Feb Mar Nov Feb May June July Aug Sept
P E P P P P ** P
P P P P P P ** P
P P P P P P ** P
P E P P P P ** P
P P P P P P ** P
P P P P P E ** P
P P P P P P ** E
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Leslie Pelon
Karen Stover
Catherine May
Esther Figueroa
Edith La Vonne
Patience Christenson
Kim Baumgardner
Susan Uptain
Leslie Pelon
Patience Christenson
Kim Baumgardner
Susan Uptain
Catherine May
Esther Figueroa
Edith La Vonne
PARKS & LEISURE SERVICES COMMISSION 30-Sep-22

ATTENDANCE RECORDS
Parks & Leisure Services Commissioner's Record of Attendance 2022 2022 2022 2022 2022 2022 2023 2023 2023 2023 2023 2023 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P
Diane Graybehl ** ** E
Kieran Daly ** ** P
** ** P
** ** P
** ** E
** ** P
** ** P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2021 2021 2021 2021 2021 2021 2022 2022 2022 2022 2022 2022 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P P P ** P E P P P A
Diane Graybehl ** ** P P P ** P P P P P P
Kieran Daly ** ** P P P ** A EPPP P
** ** P P E ** P P P P P P
** ** P P P ** P P P P P P
** ** P P E ** P P P E P P
** ** P P P ** P P P P P P
** P P P ** A PPPP P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2020 2020 2020 2020 2020 2020 2021 2021 2021 2021 2021 2021 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** P ** ** P ** ** A ** ** A E
Diane Graybehl ** P ** ** P ** ** P ** ** P E
Kieran Daly ** E ** ** P ** ** A ** ** E E
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
P = Present; E = Excused Absence; A = Absent; T = Tardy Transactions and Use Tax Oversight Committee 30-Sep-22
Attendance Records
2022
25-Aug
John Simonich P Term expires 5/2026
Margaret Stinson P Term expires 5/2024
John Billiou P Term expires 5/2026
Jerry Hall P Term expires 5/2026
Janice Kovars P Term expires 5/2024
Shawn Byars P Term expires 5/2026
Joshua Sulier A Term expires 5/2024
Angela Dennis P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn P Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. A Apptd 07/19; Term exp 5/2024
* Meeting cancelled
2020 2020 2021 2021 2021 2022 2022
23-Sep 18-Nov 26-May 25-Aug 17-Nov 24-Feb 19-May
John Simonich PPPP A PP Term expires 5/2026
Margaret Stinson P P P P P P P Term expires 5/2024
Russell "Buck" Fletcher A PP A A A A Term ended
John Billiou PPPPPPP Term expires 5/2026
Jerry Hall A P A A PPP Term expires 5/2026
Janice Kovars P P P P A PP Term expires 5/2024
Shawn Byars P A PPPPP Term expires 5/2026
Joshua Sulier PPPPPPP Term expires 5/2024
Angela Dennis PPPPP Apptd 12/20; Term exp 5/2024
Rae Dean Strawn Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. Apptd 07/19; Term exp 5/2024
* Meeting cancelled
2018 2019 2019 2019 2019 2019 2020
13-Nov 9-Jan 12-Feb 28-May 27-Aug 6-Nov 26-Feb
John Simonich A P A P A A*
Margaret Stinson P P P A P P *
Russell "Buck" Fletcher P P P P P P *
John Angell AAAPPP *
Mike Boudreaux Sr. A PPPPA *
Virginia Gurrola P P P A
John Billiou P P A PPP *
Jerry Hall P P P P P P *
Janice Kovars P P P P P P *
Shawn Byars P P P P P P *
Joshua Sulier P *
* Meeting cancelled
CDBG Citizens' Advisory and Housing Opportunity Committee As of September 30, 2022 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022
Pat Contreras P P P
Linda Mendez P P P
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A
Isabel Olmos P
Rebecca Contreras P
* No meeting was held due to COVID.

Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/27/2015 3/28/2016 3/1/2017 2/28/2018 2/26/2019 Pat Contreras P A P P P
Linda Mendez P A P P A
Grace Munoz-Rios P P P P P
Doug Heusdens P P P P A
Rebecca Vigil P P A P P
Kelle Jo Lowe P P P P P
Maria Gonzalez P A P P P
Year Originally Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 3/14/2011 3/12/2012 3/11/2013 3/10/2014 Pat Contreras 1988 P P P P
Linda Olmedo 1997 P P P P
Grace Munoz-Rios 1992 P P P A
Doug Heusdens 2012 N/A P P P
John Dennis 1998 P P A P
Rebecca Vigil 2008 P P A P
Kelle Jo Lowe 2009 P P P P
This Committee typically meets on an annual basis in February or March.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: City Council Member Appointments Attendance Quarterly Report FY 2022- 2023 (July - September 2022)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed that staff prepare a quarterly report on Council Member attendance at meetings of boards to which Council Members were appointed. This report represents attendance at meetings during the first quarter of FY 2022-2023 (July through September, 2022).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Quarterly Report (July 1 - 17, 2022)

2. Quarterly Report (July 18 - September 30, 2022)
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Committee/Board Member/Alternate JULY AUGUST SEPTEMBER
Ad Hoc Committee- COVID-19 Kellie Carrillo-Member
Lawana Tate - Member
Ad Hoc Committee - Proposition 64 Monte Reyes - Member
Regulation of Marijuana Lawana Tate-Member
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Lawana Tate - Member
Council of Cities Martha Flores - Member
Milt Stowe - Member
Eastern Tule Groundwater Monte Reyes - Member
Sustainability Agency JPA (ETGSA) Michael Knight-Alternate 7/7 P Internal City Audit Committee Martha Flores - Member 7/13 P Kellie Carrillo - Member 7/13 P
Joint City/School District Committee Milt Stowe-Member
Kellie Carrillo-Member
Lawana Tate - Member 7/6 P
Claudia Calderon -Alternate
Mighty190 Committee Kellie Carrillo - Member
Lawana Tate - Member
Monte Reyes - Member
Milt Stowe - Member 7/15 P
PDC Advisory Board John Lollis - Member
Mayor - Alternate
San Joaquin Valley Air Pollution Control Monte Reyes - Member District ("SJVAPCD") Board
San Joaquin Valley Special City Selection Milt Stowe - Member Committee Monte Reyes - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member Martha Flores - Member
Milt Stowe - Alternate
Martha Flores - Member
Tulare County City Selection Mayor- City Member
Committee Designee - Alternate
Martha Flores - Member
John Lollis - Alternate
Monte Reyes - Member
Milt Stowe - Alternate
Tulare County Taskforce on Homelessness Martha Flores - Member Claudia Calderon - Alternate
Tule River Improvement JPA Monte Reyes - Member
Michael Knight-Alternate 7/11 P
P = Present A = Absent
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development
Corporation (TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments
(TCAG) - Sustainable Corridors Committee
City Council Attendance - FY 2022-2023 First Quarter Report July 1, 2022 through July 17, 2022
Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee
(LINC)
Committee/Board Member/Alternate JULY AUGUST SEPTEMBER
Ad Hoc Committee- COVID-19 Kellie Carrillo-Member
Lawana Tate - Member
Ad Hoc Committee - Proposition 64 Lawana Tate - Member 9/21 P Regulation of Marijuana Don Weyhrauch - Member 9/21 P
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member 8/18 P Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Lawana Tate - Member
Council of Cities Martha Flores - Member 9/21 P
Milt Stowe - Member
Eastern Tule Groundwater Don Weyhrauch - Member 9/1P
Sustainability Agency JPA (ETGSA) Michael Knight-Alternate 8/4 P Internal City Audit Committee Martha Flores - Member 8/24 P 9/28 P Kellie Carrillo - Member 9/28 P
Joint City/School District Committee Milt Stowe-Member
Kellie Carrillo-Member
Lawana Tate - Member 8/3 P
Claudia Calderon -Alternate 9/7 P
Mighty190 Committee Kellie Carrillo - Member
Lawana Tate - Member
Milt Stowe - Member
Don Weyhrauch - Member
PDC Advisory Board John Lollis - Member
Mayor - Alternate
San Joaquin Valley Air Pollution Control Don Weyhrauch - Member District ("SJVAPCD") Board
San Joaquin Valley Special City Selection Milt Stowe - Member Committee Don Weyhrauch - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member Martha Flores - Member 8/15 P 9/19 P
Milt Stowe - Alternate
Martha Flores - Member
Tulare County City Selection Mayor - City Member
Committee Designee - Alternate
Martha Flores - Member 8/24 P 9/29 P
John Lollis - Alternate 7/27P
Milt Stowe - Member 8/24 P 9/28 P
Don Weyhrauch - Alternate
Kellie Carrillo - Advisory 9/28 P
Tulare County Taskforce on Homelessness Martha Flores - Member 7/20 P 8/17 P 9/21 P Claudia Calderon - Alternate
Tule River Improvement JPA Michael Knight - Alternate
P = Present A = Absent
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development
Corporation (TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments
(TCAG) - Sustainable Corridors Committee
City Council Attendance - FY 2022-2023 First Quarter Report July 18, 2022 through September 30, 2022
Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee
(LINC)
Item No.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Code Enforcement Quarterly Report FY 2022-2023 (July - September 2022) SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between July 1 and September 30, 2022.

During the first quarter of fiscal year 2022-2023, each Department of the City contributed towards recording 596 code enforcement issues. Of these, 397 were corrected and 199 were continued into the second quarter of 202-/2023 for additional corrective action. The Code Enforcement Division issued forty-seven (47) Administrative Citations.

At its meeting on July 20, 2021, the City Council reviewed its Ordinance related to the parking and storing of recreational vehicles, boats, and trailers.

During the past quarter, Code Enforcement received seven complaints specific to recreational vehicles, boats, and trailers, of which none had been completed at the time of this report.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Code Enforcement Quarterly Report (July - September 2022)
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager
Code Enforcement Report, Quarter 1, FY 22-23
Q1 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 39 37 94.87% $100 11 $1,100
Animal Control Services 1 1 100.00% $200 3 $600
Animals- agricultural animals 1 1 100.00% $500 8 $4,000 Animals- barking dogs 8 8 100.00% $1,000 2 $2,000
Animals- keeping too many or unauthorized species 3 3 100.00% $2,500 23 $57,500 Animals- roosters 3 3 100.00% FY 22-23 Total Assesment 47 0 0 0 $65,200 Building Department/ Permits 17 1 5.88%
CEO, Building Permit Check 1 1 100.00% Shopping Carts Q1 Q2 Q3 Q4 Total CEO, Business License 2 2 100.00% Collected 39 39
CEO, Shopping Carts 38 38 100.00% Disposed (Lbs.) 0
CEO, Sign Removal 1 1 100.00%
Code Enforcement, General 37 29 78.38% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Community Development, General or MULTIPLE violations 4 0 0.00% Voluntary Abatement 3 3 Engineering 3 0 0.00% Certified Voluntary Abatement 0 0 Fences and freestanding walls 6 1 16.67% Towed 5 5
Fire Hazard 2 2 100.00% Total Vehicles Abated 8 0 0 5 8 Fire Lane Blocked 1 1 100.00%
Fireworks 2 2 100.00%
Garbage Collection/ Illegal Dumping 16 1 6.25% Weed Abatement Q1 Q2 Q3 Q4 Total Graffiti 7 7 100.00% Properties Noticed 12 12
Health Hazard 18 7 38.89% Completed by Owner 116 116
Housing Issue (Structure Related) 1 1 100.00% Assigned to Contractor (private) 0 0 Itinerant Vendor, Solicitor, Peddler 14 14 100.00% Assigned to Contractor (city owned) 0 0 Landscaping/trees- private property 13 0 0.00% Completed by Contractor 0 0 Meter Request 66 17 25.76% Admin Citations 0 0
Neglected property/trash & debris 15 1 6.67%
Outdoor Storage 1 0 0.00%
Parks 8 7 87.50%
Police/ Traffic Enforcement 45 33 73.33%
Potholes 4 4 100.00%
Refuse Can Replacement / Repair 10 8 80.00%
Report Leak 21 5 23.81%
Sheds or second units 1 0 0.00%
Sidewalk Condition 3 0 0.00%
Stop Light Issue 14 13 92.86%
Street Light Issue 4 4 100.00%
Street Sweeping 1 1 100.00%
Transit Department 1 0 0.00%
Vehicles- inoperable vehicles 11 8 72.73%
Vehicles- Parked on lawn 5 2 40.00%
Vehicles- RVs/boats/etc 7 0 0.00%
Water Waste 39 37 94.87%
Water Waste Admin Cite 15 15 100.00%
Water Waste NOV 72 72 100.00%
Weed Abatement 12 7 58.33%
Yard Sales, Frequent 3 2 66.67%
Q1 Total 596 397 64.42%
CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Golf Course Quarterly Report FY 2022-2023 (July - September 2022) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Porterville Golf Course for informational purposes. The report reflects the First Quarter FY 2022/23.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Golf Course Quarterly Report (July - September 2022) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Jul-21 Jul-22 Aug-21 Aug-22 Sep-21 Sep-22
Golfers 2382 2321 2439 2139 Golfers2513 2108
Repeat 9/Twilight 1273 1446 1230 1190 Repeat 9/Twilight 1253 1154 Tickets Used 1028 850 1154 916 Tickets Used 1048 834
Passes Sold 44 35 36 54 Passes Sold 34 35
Carts 1998 1015 2120 946 Carts2077 870
Footgolf 0 0 0 0 $200 $220
Total $ 20,358.00 $ 23,128.00 $ 19,763.00 $ 20,681.00 Total $ 20,754.00 $19,848.00 * Repeat 9: Additional 9 hole rounds after first 9
* Twilight: Afternoon discount rate
* Tickets: Surcharge with monthly play pass $1.00 9-hole, $2.00 18-hole * Passes: Monthly Passes sold

PORTERVILLE GOLF COURSE STATISTICS
CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: OHV Park Quarterly Report FY 2022-2023 (July - September 2022) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Porterville OHV Park for informational purposes. The report reflects the First Quarter FY 2022-23.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. OHV Park Quarterly Report (July - September 2022) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Jul-21 Jul-22 Aug-21 Aug-22 Sep-21 Sep-22
Riders 233 191 68 104 159 91
Revenue $5,395.00 $4,625.00 $1,610.00 $2,610.00 $3,615.00 $2,225.00

PORTERVILLE OHV RIDERSHIP
CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Building Permit Activity Quarterly Report FY 2022-2023 (July - September 2022)
SOURCE: Engineering and Project Management
COMMENT:

The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of July, August and September 2022. The two main categories include new residential permits issued and new commercial permits issued.

First Quarter of FY 2022-2023 compared to First Quarter of FY 2021-2022 New residential permits issued during the first quarter of FY 2022-2023 (11) are down 71.05% from the first quarter of FY 2021-2022 (38). New commercial permits issued during the first quarter of 2022-2023 (1) are down 66.7% from the first quarter of 2021-2022 (3).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Permit Activity - July 2022

2. Building Permit Activity - August 2022

3. Building Permit Activity - September 2022
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 1.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Authorization to Purchase Shade Structure
SOURCE: Parks and Leisure Services
COMMENT: The City received a California State Parks Per Capita Program grant in the amount of $177,952. At its meeting on September 7, 2021, the City Council provided direction on a project for the grant funds to be used at the skatepark to add skate elements, solar lights and a shade structure. Four vendors previously used by the City were contacted to submit a quote for the shade structure. The responses were as follows:

Zoom Recreation $53,205.63
MRC Gametime $62,703.41
Dave Bang Associates Inc. $62,973.03
Park Planet $70,673.36
Zoom Recreation was the lowest quote and is a member of BuyBoard, a national purchasing cooperative government discount program. The City has purchased various playground amenities from Zoom Recreation throughout the years.

RECOMMENDATION: That the City Council authorize the purchase and installation of a shade structure at the skatepark from Zoom Recreation for an amount not to exceed $58,526.19, which includes a ten percent (10%) contingency.

ATTACHMENTS: 1. Shade Structure Quotes
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Purchase of Police Vehicles and Associated Equipment SOURCE: Police
COMMENT: The Police Department finds it necessary annually to purchase vehicles to replace aging vehicles in its fleet. As always, a careful evaluation is made of each particular vehicle to determine the actual need for replacement. In light of the commitment to strong budget fiscal management, this part of the Department’s vehicle replacement process is even more critical to ensure that a vehicle is not replaced only because it was scheduled to be replaced.

Department staff has conducted an evaluation of the fleet considering age of the vehicle, mileage, maintenance costs, etc. In addition, the evaluation includes examining the assignment of vehicles to determine if reassignment of vehicles can increase overall efficiency and cut costs.

Department staff has determined that ten (10) vehicles need to be replaced. In addition to this, as part of this fiscal year's approved budget, the Department was authorized to increase its fleet with the creation of the homeless/crisis outreach team. It has also been determined that three of the current administrative Police Dodge Chargers can be converted to Patrol Operation use.

The Department has been notified that Dodge could discontinue manufacturing of gas-powered V8 Dodge Chargers as soon as 2023. As ninety percent (90%) of the Department's fleet is currently Dodge Chargers, the conversion of these administrative Dodge Chargers will increase longer service life for patrol and save on current budget costs. Due to strong fiscal management and strategic contributions to the vehicle depreciation plan, the monies for the replacement vehicles have already been accumulated and allocated in this fiscal year approved Department budget.

Summary of replaced/new additional vehicle(s):

Four Unmarked Police Vehicles - Ford Explorer – Administration - $238,463.12 (under State contract)
Four replacement vehicles (Ford Explorers) are being purchased through the Department’s current vendor. The Department is requesting authorization to purchase these vehicles per Resolution 35-93, which authorizes no-bid purchases through a cooperative purchase program. The Department has identified National Auto Fleet Group as a provider of such a program for the desired vehicles, available under the Sourcewell Master Vehicle Contract #091521-NAF. Included in the quote was the cost to upfit each vehicle with the necessary emergency equipment by Cook’s Communications. While National Auto Fleet Group is contracting with Cook’s Communications for vehicle upfits, who also has been upfitting the Department's current vehicles. it should be noted that Cook’s Communications also holds negotiated contracts with Fresno County (#A-21-374) and Cook’s Communication’s is providing the upfit under this contract.

Three Unmarked Police Vehicles – To Be Determined – Investigations Units Two Unmarked Police Vehicles – To Be Determined – Professional Standards and Training Unit
One Marked Police Vehicle – To Be Determined - Homeless/Crisis Intervention Specialist
Staff is requesting that the City Council authorize staff to negotiate for the purchase of the six standardized vehicles (excluding the Ford Explorers) up to a total cost not to exceed $291,000, which is based on Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees, to include the upfit of necessary emergency equipment including lights, sirens, radios, and other tools required to place the vehicles into service. The vehicles will be negotiated either separately or as a unit through a process requesting quotes from not less than three vendors. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase of the vehicles based on the current economic market in regards to new and used vehicles. The upfit of all new and retrofitted vehicles will be performed by Cooks Communications, who holds a State contract (#A-21-374).

Conversion of current three Unmarked Administrative Police Dodge Chargers to be converted to Patrol Operations vehicles - $19,989.72.

Staff is also requesting to purchase eight Police vehicle radios for each of these new vehicles (excluding the training vehicles). The vehicle radios are to be purchased through its sole provider, J’s Communications. The Department radios are all Motorola and Motorola Solutions requires agencies to go through the area provider for purchase. J’s Communications is the area provider and provides all of the Department vehicles and handheld radios, and additionally has a current County of Los Angeles contract. A quote for eight (8) police vehicle radios is attached.

The total cost for these police vehicle radios is:

Eight Police Vehicle Radios - $43,322.50.

With these vehicle purchases, a total of eleven (11) Dell laptop Mobile Data Terminals (MDT’s) and associated equipment and software will need to be purchased. This purchase will allow the Department to add MDT’s to seven of the current General Investigations Unit vehicles, including GPS, and outfit the additional purchased vehicles as needed. The MDT’s allow personnel to conduct necessary inquiries in the field, as well as keep themselves and others updated on current incidents in progress and allow the transmission of required information between field units and the Communications Center. These MDT’s are to be purchased from the City vendor for Dell computers.

A quote with associated cost for eleven (11) MDT’s is attached:

Eleven (11) Dell Latitude 7220 Rugged MDTs:$32,279.17
A quote for related hardware/software/install of MDTs $17,727.24.

The total cost for the purchase and outfitting of ten (10) Police vehicles (which includes the upfit of the administrative vehicles to patrol vehicles) is approximately $670,000. The replacement vehicles and related equipment, and the conversion cost of the three unmarked Dodge Chargers, will be funded through the Equipment Replacement Fund. The homeless/crisis outreach vehicle and upfit will be funded by American Rescue Plan Act (ARPA) funds.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate the purchase of four police vehicles with upfit from National Auto Fleet;

2. Authorize staff to negotiate for the purchase of six standardized vehicles up to a total cost not to exceed $291,000, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees, as well as upfit of emergency equipment. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase;

3. Authorize staff to negotiate the retro upfit of three Administration Dodge Chargers to patrol vehicles;

4. Authorize staff to negotiate the purchase of eight APX 6500 unit radios from J's Communications;

5. Authorize staff to negotiate the purchase of eleven (11) Dell Latitude 7220 laptop MDT's from Dell;

6. Authorize staff to negotiate the installation of seven MDTs and associated equipment with Cook's Communications; and

7. Authorize payment to respective vendors upon receipt of listed equipment.

ATTACHMENTS: 1. National Auto Fleet Group Quote - Ford Explorers

2. Cook's Communications Estimate- 2019 Charger Retrofit Administration to Patrol

3. Cook's Communications Estimate- 2021 Charger Retrofit Administration to Patrol 1

4. Cook's Communications Estimate- 2021 Charger Retrofit Administration to Patrol 2

5. Motorola Solutions Quote - Radios

6. Dell Technologies Quote - MDT's

7. Cook's Communications Estimate - MDT Install
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
October 27, 2022
Lieutenant Ron Moore
Porterville Police Dept.
350 North D Street
Porterville, Ca 93257
Delivery Via Email
Dear, Lt. Moore,
In response to your inquiry, we are pleased to submit the following for your consideration:

National Auto Fleet Group will sell, service and deliver at Fresno, new/unused 2023 Ford Police Interceptor Utility Non-Hybrid Unit responding to your requirement with the attached specifications for $44,739 plus Upfit, State Sales Tax, and $8.75 tire tax (non-taxable). These vehicles are available under the Sourcewell (Formerly Known as NJPA) master vehicle contract# 091521-NAF. Units to be all Black Patrol Unit.

Terms are net 30 days.

Delivery 120-180 Days ARO
National Auto Fleet Group welcomes the opportunity to assist you in your vehicle requirements.

Kevin Buzzard
National Law Enforcement Sales Manager
National Auto Fleet Group
Wondries Fleet Group
626-457-5590 O
714-264-1867 C
One unit
MSRP Selling Price Total
Savings
Extended units
(4) Total Savings
2023 Ford Police
interceptor Utility
Non Hybrid 47,880.00 44,739.00 6.56% 178,956.00 12,564.00 Cooks Upfit 9,337.00 37,348.00
Sub Total 54,076.00 216,304.00
Sales Tax 5,002.03 20,008.12
Tire Tax 8.75 35.00
Transport 529.00 2,116.00
Total 59,615.78 238,463.12
Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
07/13/22 Origin Net Next EOM
David Burchfield
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257

PORTERVILLE
12277
160 North Broadway
Fresno, CA 93701-1592
Required
08/12/22
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7566
(559) 782-4050
Phone:

Email:
2019 DODGE CHARGER

ADMIN TO PATROL RETROFIT
PK1134CGR11 Setina 8XL Partition
1/2 Poly 1/2 Mesh
1 773.00 773.00
GK10271U Setina Single T Rail
Weapon Mount 1 XL Lock
1 314.00 314.00
WK0513CGR11 Setina Window Barriers
Steel Vertical
fits '11-'19 Dodge Charger
1 246.00 246.00
DK0100CGR11 Setina TPO Door Panel Kit
fits '11-'19 Dodge Charger
1 263.00 263.00
DC02 PTS Transport Seat
w/OS Belts
fits Dodge Charger
1 751.00 751.00

CONSOLE/COMPUTER
DS-DELL-604-2 Havis Docking Staion for
Dell Latitude 12 Rugged
Tablet. Duall Pass. Int. P/S
1 784.00 784.00
C-DMM-3005 Havis Dash Mount
fits '15-'19 Dodge Charger
1 400.00 400.00
PKG-KB-208 Havis Rugged Keyboard
& Mount
1 502.00 502.00
C-MD-204 Low Profile Tilt Swivel
Motion Device
1 67.00 67.00
1 S3511K Stop Stick Rack Kit 738.00 738.00
MATERIALSFEE2 Installation Material
Bundle
1 75.00 75.00
LAISREG Shop Installation
Admin to Patrol Retrofit
2019 Charger

8.000 125.00 1000.00
2019 DODGE CHARGER
Thank You
Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

PORTERVILLE
12277
160 North Broadway
Fresno, CA 93701-1592
Required
08/12/22
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7566
(559) 782-4050
Phone:

Email:

UNIT#
VIN#
LIC#
MILEAGE:

TECH:

Subtotal
Freight charges
Sales tax @ 8.35000%
Total
5913.00
340.00
410.24
6663.24
We appreciate your continued patronage
Thank You
Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

PORTERVILLE
12278
160 North Broadway
Fresno, CA 93701-1592
Required
08/12/22
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7566
(559) 782-4050
Phone:

Email:
2021 DODGE CHARGER

8.000 125.00 1000.00
2021 DODGE CHARGER
Thank You
Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

PORTERVILLE
12278
160 North Broadway
Fresno, CA 93701-1592
Required
08/12/22
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7566
(559) 782-4050
Phone:

Email:

UNIT#
VIN#
LIC#
MILEAGE:

TECH:

Subtotal
Freight charges
Sales tax @ 8.35000%
Total
5913.00
340.00
410.24
6663.24
We appreciate your continued patronage
Thank You
Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

PORTERVILLE
12279
160 North Broadway
Fresno, CA 93701-1592
Required
08/12/22
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7566
(559) 782-4050
Phone:

Email:
2021 DODGE CHARGER

8.000 125.00 1000.00
2021 DODGE CHARGER
Thank You
Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

PORTERVILLE
12279
160 North Broadway
Fresno, CA 93701-1592
Required
08/12/22
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7566
(559) 782-4050
Phone:

Email:

UNIT#
VIN#
LIC#
MILEAGE:

TECH:

Subtotal
Freight charges
Sales tax @ 8.35000%
Total
5913.00
340.00
410.24
6663.24
We appreciate your continued patronage
Thank You
Billing Address:

PORTERVILLE, CITY OF
291 N MAIN ST
PORTERVILLE, CA 93257
US
Quote Date:10/25/2022
Expiration Date:12/23/2022
Quote Created By:

Randy Emerzian
[email protected]
End Customer:

PORTERVILLE, CITY OF
Contract: 18105 - LA COUNTY , CA
1740313
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 6500 / Enh Series ENHANCEDAPX6500
1 M25QSS9PW1BN APX6500 ENHANCED UHF R1
MOBILE
8 $3,253.00 $2,374.69 $18,997.52
1a G48BD ENH: CONVENTIONAL
OPERATION APX6500
8 $550.00 $401.50 $3,212.00
1b G67DT ADD: REMOTE MOUNT E5
APXM
8 $327.00 $238.71 $1,909.68
1c G78AT ENH: 3 YEAR ESSENTIAL
SVC
8 $176.00 $176.00 $1,408.00
1d GA01606AA ADD: NO GPS/WI-FI

ANTENNA NEEDED
8 $0.00 $0.00 $0.00
1e G444AH ADD: APX CONTROL HEAD

SOFTWARE
8 $0.00 $0.00 $0.00
1f G806BL ENH: ASTRO DIGITAL CAI OP
APX
8 $567.00 $413.91 $3,311.28
1g GA01670AA ADD: APX E5 CONTROL
HEAD
8 $717.00 $523.41 $4,187.28
1h W22BA ADD: STD PALM

MICROPHONE APX
8 $79.00 $57.67 $461.36
1i B18CR ADD: AUXILIARY SPKR 7.5

WATT APX
8 $66.00 $48.18 $385.44
1j G843AH ADD: AES ENCRYPTION AND
ADP
8 $523.00 $381.79 $3,054.32
QUOTE-1816787
APX6500 Mobile AES & ADP
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 1 ends

Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 1k G426AD ADD: ANT 1/4 WAVE WHIP
450-470 MHZ
8 $28.00 $20.44 $163.52
1l W969BG ADD: MULTIKEY OPERATION 8 $363.00 $264.99 $2,119.92 Subtotal $39,210.32
$3,626.95
Estimated Freight $485.23
Grand Total $43,322.50(USD)
QUOTE-1816787
APX6500 Mobile AES & ADP
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 2 ends

Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.

Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)
A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.

To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.

Quote No. 3000134008384.1
Total $32,279.17
Customer # 4023319
Quoted On Oct. 18, 2022
Expires by Nov. 17, 2022
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Sales Rep Brittnie Hall
Phone (800) 456-3355, 6184609
Email [email protected]
Billing To ACCOUNTS PAYABLE

CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order. Thank you for shopping with Dell! Regards, Brittnie Hall
Shipping Group
Shipping To

TED WILLIAMS

CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257-3737
(559) 782-7439
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Dell Latitude 7220 $2,930.47 11 $32,235.17
Subtotal:

Shipping:

Environmental Fee:

Non-Taxable Amount:

Taxable Amount:

Estimated Tax:

Total:
$32,235.17
$0.00
$44.00
$32,279.17
$0.00
$0.00
$32,279.17

Page 1 ends

Shipping Group Details
Shipping To

TED WILLIAMS

CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257-3737
(559) 782-7439
Shipping Method
Standard Delivery
Quantity Subtotal
Dell Latitude 7220
Estimated delivery if purchased today:

Nov. 04, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$2,930.47 11 $32,235.17
Description SKU Unit Price Quantity Subtotal
Dell Latitude 7220 Rugged, CTO 210-ATEF - 11 -
8th Generation Intel Core i7-8665U Processor (4 Core,8MB Cache,1.9GHz,15W) 379-BDQU
- 11 - Windows 10 Pro (Includes Windows 11 Pro License) English, French, Spanish 619-AQMP
- 11 -
No Microsoft Office License Included 658-BCSB - 11 -
Intel Core i7-8665U with u-blox NEO-M8 GPS card 16GB Memory 338-BTPS - 11 - No Out-of-Band Systems Management - vPro Disabled 631-ACHF - 11 - 16GB 2133MHz LPDDR3 Memory 370-AFDB - 11 - M.2 512GB PCIe NVMe Class 40 Solid State Drive 400-BNRE - 11 -

11.6", FHD (1920 x 1080), 1000 Nit Outdoor-Readable, AG/AS/AP, Glove-Capable Touchscreen 391-BEVG
- 11 -
Intel Wi-Fi AX200 Driver with Bluetooth 555-BFIW - 11 - Intel AX200 Wireless Card Rugged 555-BFJX - 11 - No Mobile Broadband Card 362-BBBB - 11 - 2-cell 34wH) Lithium Ion Primary Battery 451-BCCD - 11 - 45 Watt AC Adapter 450-AEHK - 11 - No Security Software 650-AAJS - 11 - No Media 620-AAOH - 11 - E4 Power Cord 1M for US 537-BBBL - 11 - Latitude Rugged 7220 Getting Started Guide 340-COCF - 11 - No Secondary Battery 451-BCOI - 11 - Custom Configuration 817-BBBB - 11 - System Regulatory Label 389-DRXP - 11 - Regulatory Label (WLAN) 389-DRXQ - 11 - Windows 10 Additional Software 658-BEPO - 11 - Shipping Material, Shuttle 340-AQMD - 11 - System Shipment, Latitude 72x2 340-AQME - 11 - Directship Info Mod 340-CKTD - 11 - No Option Included 340-ACQQ - 11 - ENERGY STAR Qualified 387-BBNJ - 11 -

Page 2 ends

5 MP HD IR webcam /8 MP rear camera with Flash and Dual Microphone
319-BBHH
- 11 - WLAN Chassis with NFC 321-BEVS - 11 - Connector for I/O Expansion 750-ABNN - 11 - Mini Serial Port 325-BDNX - 11 - Hazardous Locations Certification 340-CNKH - 11 - Full Security Options (FPR, Contacted SC, Contactless SC) 461-AAHE - 11 - VMWCB Endpoint Stnd NGAV B-EDR w/ProSupport 1yr 528-CHEC - 11 - ProSupport Plus: Next Business Day Onsite, 2 Year Extended 804-0512 - 11 - ProSupport Plus: Next Business Day Onsite, 3 Years 804-0513 - 11 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 11 - Dell Limited Hardware Warranty Initial Year 997-6988 - 11 - ProSupport Plus: Accidental Damage Service, 5 Years 997-7015 - 11 - ProSupport Plus: Keep Your Hard Drive, 5 Years 997-7016 - 11 - ProSupport Plus: 7x24 Technical Support, 5 Years 997-7038 - 11 - Thank you for choosing Dell ProSupport Plus. For tech support, visit www.dell.com/contactdell or call 1-866-516-3115
997-8367
- 11 -
Subtotal:

Shipping:

Environmental Fee:

Estimated Tax:

Total:
$32,235.17
$0.00
$44.00
$0.00
$32,279.17

Page 3 ends

Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.

Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).

In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.

In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.

Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.

For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.

Electronically linked terms and descriptions are available in hard copy upon request. ^DELL BUSINESS CREDIT (DBC): Offered to business customers by WebBank, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. The Total Minimum Payment Due is the greater of either $20 or 3% of the New Balance shown on the statement rounded up to the next dollar, plus all past due amounts. Dell and the Dell logo are trademarks of Dell Inc.

Page 4 ends

Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

Date Ship Via F.O.B. Terms
Purchase Order Number Sales Person Expiration Date
Quantity Item Number Description Unit Price Amount
10/12/22 Origin Net Next EOM
David Burchfield
City of Porterville City of Porterville
291 N Main St
Accounts Payable
Porterville, CA 93257-0000
291 N Main St
Porterville, CA 93257

PORTERVILLE
12686
160 North Broadway
Fresno, CA 93701-1592
Required
11/11/22
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7566
(559) 782-4050
Phone:

Email: Irene Anaya <[email protected]
4-2016 2-2018 1-2020 FPI U

DASH MOUNTED

MDT SOLUTIONS
7 DC5E8Q-25MB Patch Cable 133.00 19.00
DS-DELL-608-2 Havis Docking Staion for
Dell Latitude 12 Rugged
Tablet. Duall Pass. Int. P/S
7 784.00 5488.00
C-DMM-3001 Havis Swing Up Device Mount
fits '20 FPI Utility
6 505.00 3030.00
MD-ARM-0306-L Havis Swivel Arm Mount
w/Side Mount Bracket
3" Base 6" Extension
6 138.00 828.00
C-DMM-3015 Havis Dash Monitor Mount
fits '20 FPI Utility
1 520.00 520.00
PKG-KBM-108-1 Havis Premium USB Keyboard
Mount Pkg
Havis Rugged keyboard with integrated
touchpad (KB-108)
Havis Rugged keyboard mount (C-KBM-201)
Height adjusting bracket, mounts to side of
console. (C-LDM-0003)
Articulating swivel arms with built-in tilt swivel
mounting plate with AMPS & VESA
(MD-ARM-0603)
1 642.00 642.00
PKG-KB-208 Havis Rugged Keyboard
& Mount
6 502.00 3012.00
MATERIALSFEE1 Installation Material
Bundle
7 50.00 350.00
LAISREG Shop Installation

2.5 hrs per vehicle

17.500 125.00 2187.50
Thank You
Estimate
Customer No.:

Quote No.:

Quote To: Ship To:

PORTERVILLE
12686
160 North Broadway
Fresno, CA 93701-1592
Required
11/11/22
Phone:(559) 233-8818 (559) 268-8506
Fax:

Phone:(559) 782-7566
(559) 782-4050
Phone:

Email: Irene Anaya <[email protected]
Subtotal
Freight charges
Sales tax @ 7.97500%
Total
16190.50
420.00
1116.74
17727.24
We appreciate your continued patronage
Thank You
Item No. 3.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Marching Through Time Agreement with Fine Art Conservation Laboratories.

SOURCE: Parks and Leisure Services
COMMENT: At its meeting on September 20, 2022, the City Council authorized Fine Art Conservation Laboratories (FACL) to restore the Marching Through Time mural in Centennial Park for $38,227. FACL is to perform the work in two phases. The first phase will be focused on stopping deterioration. After that portion is complete, the artist will undertake pictorial restoration as a separate phase of the project from FACL's work. Once the artist has finished his work, FACL will conduct phase two, which will be the application of the protective layers. The protective measures will ensure greater longevity than has existed with past varnish layers. The FACL portion of the project will be paid for out of the City Council's Special Purposes Reserve Fund as approved by City Council per Resolution No. 98-2022, up to $40,000.

The terms of the City's Development Agreement for the opening of two cannabis dispensaries states that the owner agrees to provide a historical/artistic feature as a component of its project, located at or near the property. Work on the feature must be commenced within one year of the opening of the business.

It also stipulates the payment of one percent (1%) of annual gross revenues or $30,000 (whichever is greater) toward a Community Benefits Program (including community beautification efforts and physical improvements to the benefit of the community). At its meeting on September 20, 2022, the Council provided direction to pay for the artist's portion of the project, which is not to exceed $37,500, from the City's Development Agreement by the two cannabis dispensaries.

RECOMMENDATION: That the City Council approve the Agreement with Fine Art Conservation Laboratories and authorize and direct the Mayor to execute the same.

ATTACHMENTS: 1. Draft Agreement
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Item No. 3.

Final Approver: John Lollis, City Manager

Item No. 4.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Approval of the City Library's Amended Rules of Conduct SOURCE: Parks and Leisure Services
COMMENT: Establishing Rules of Conduct or guidelines for the public to follow when using services provided by a library is very common in the United States. The purpose of the rules is for conformity, as to protect the community of library users who expect the facility to be clean, comfortable, and safe. The rules, applicable to patrons, volunteers and staff, are designed to foster an atmosphere of mutual respect and courtesy. As a municipal library, staff is responsible for establishing rules of conduct to protect the rights and safety of library patrons, volunteers, and staff, and for preserving and protecting the library's materials, equipment, facilities, and grounds.

At its meeting on September 4, 2018, the City Council approved a draft Resolution adopting the proposed Rules of Conduct and process for appeal for the City Library. Due to some recent actions by patrons, along with it having been over four years since staff last assessed the Library's Rules of Conduct, staff took the initiative to evaluate the current state of the rules. Staff then took a Rules of Conduct item before the Library and Literacy Commission on September 13, 2022, in order for the Commission to analyze the current rules.

The Library and Literacy Commission reviewed and recommended making the proposed amendments to the Library Rules of Conduct which are attached to the staff report. The amendments included the addition of the following rules which are considered unacceptable conduct that is not allowed on City Library properties:
#20- Sleeping or lying on the floor or furniture or blocking aisles, exits or entrances.
#21- Depositing bodily fluids on property, including library collections, equipment, and furnishings.
#22- Entering barefoot, shirtless, or removing footwear or clothes while in the library.

RECOMMENDATION: That the City Council approve the draft Resolution adopting the proposed amended Rules of Conduct for the City Library.

ATTACHMENTS: 1. Draft Resolution

2. 2018 Library Rules of Conduct
Item No. 4.

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager

Page 1 ends

RESOLUTION NO. _______-2022

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PORTERVILLE RESCINDING RESOLUTION 63-2018

AND ESTABLISHING THE RULES OF CONDUCT FOR THE

CITY OF PORTERVILLE PUBLIC LIBRARY
BE IT RESOLVED by the City Council of the City of Porterville that Resolution No. 63- 2018 is herein rescinded.

BE IT FURTHER RESOLVED that the amended Rules of Conduct be followed by the public when visiting library facilities:

Welcome to the City of Porterville Public Library. The City library is supported by the taxes of the people of this community who expect our facility to be a clean, comfortable, and a safe place for selecting materials, reading, researching, studying, writing, and/or attending programs and meetings. The City library is responsible for establishing rules of conduct to protect the rights and safety of patrons, volunteers, and staff, and for preserving and protecting materials, equipment, facilities, and grounds owned/or leased by the City of Porterville.

We expect patrons to respect other patrons’ use of our library facilities and its resources. As a courtesy to others, we ask that you place your cell phones on “vibrate” and take any phone calls outside.

For the comfort and safety of patrons, volunteers, and staff, and the protection of library property, the following are considered unacceptable conduct that is not allowed on City library properties:

1. Engaging in any activity in violation of Federal, State, local and other applicable law, or library policy.

2. Willfully damaging library materials, buildings, furnishing, equipment, or grounds.

3. Brining animals, other than service animals, into the library.

4. Engaging in noisy or boisterous activities that interfere with or are disruptive to other patrons’ use of the library. (CPC§370; CPC§415)

5. Leaving children unattended anywhere on library premises if they cannot care for themselves or if such children interfere with or disrupt other patrons’ use of the library.

6. Giving speeches or handing out printed materials in the library. However, such conduct may be allowed in the library public meeting room upon receiving permission from the appropriate City Official.

7. Soliciting money or engaging in commercial activity on library premises.

8. Smoking of tobacco products or vaping in the library or within 20 feet of the library facility.

9. Eating and drinking in the library except in designated areas.

10. Bathing inside or outside of the library facility.

11. Theft and/or vandalism to library property, or the personal property of library patrons or staff. (CPC§484, CPC§490.5, CPC§594)

12. Carrying firearms or other dangerous weapons of any kind on library premises.

Page 2 ends

13. Having unsanitary bodily hygiene which is so offensive to other patrons that it constitutes a nuisance in the library. ( CPC§370)

14. Engaging in sexual conduct on library premises. (CPC§647)

15. Using or taking illegal drugs or alcoholic beverages or being under the influence of either. (CPC§647)

16. Engaging in conduct which threatens the safety of other patrons or library staff. (CPC§422, CPC§602.1, CPC§415)

17. Loud talking, abusive language, profanity, or non-verbal attention that is willful, malicious, or repeated harassment. (CPC§370, CPC§415)

18. Fighting, running, pushing, shoving, or throwing things. (CPC§415)

19. Graffiti and littering. (CPC§594, CPC§374.4)

20. Sleeping or lying on the floor or furniture or blocking aisles, exits or entrances.

21. Depositing bodily fluids on property, including library collections, equipment, and furnishings.

22. Entering barefoot, shirtless, or removing footwear or clothes while in the library.

23. Obstructing the front of the library and disturbing patrons entering/exiting the library, or delaying or lingering without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.

The foregoing, including but not limited to the respective references to the California Penal Code, is not intended to be a complete list of unacceptable behaviors but is intended for guidance only.

In enforcing the Rules of Conduct, persons who violate this code of conduct will be asked to leave the library and understand that the City reserves the right to take action that is necessary to preserve any of its rights and remedies under the law. This includes, but is not limited to, suspension of library privileges, and/or pursuing legal action for monetary damages against a patron who causes damage to or loss of materials, buildings, furnishings, equipment, or grounds.

PASSED, APPROVED, and ADOPTED this ____ day of November, 2022. ______________________________________
Martha A. Flores, Mayor
ATTEST:

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

Item No. 5.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Approval of the Library's Internet Use Policy
SOURCE: Parks and Leisure Services
COMMENT: The Children's Internet Protection Act (CIPA) was enacted by Congress in 2000 to address concerns about children's access to obscene or harmful content on the internet. CIPA imposes certain requirements on libraries that receive discounts for internet access or internal connections through the E-Rate program - a federal program that makes certain communications services and products more affordable for eligible libraries. In early 2001, the Federal Communications Commission (FCC) issued rules implementing CIPA and provided updates to those rules in 2011.

Libraries subject to CIPA may not receive the discounts offered by the E-Rate program unless they certify that they have an internet safety policy that includes technology protection measures. The protection measures must block or filter internet access to pictures that are harmful to minors. Before adopting this internet safety policy, libraries must provide reasonable notice and hold at least one public meeting to address the proposal. Libraries subject to CIPA are required to adopt and implement an internet safety policy addressing:
 Access by minors to inappropriate matters on the internet;  The safety and security of minors when using electronic mail, chat rooms and other forms of direct electronic communications;  Unauthorized access, including so-called "hacking," and other unlawful activities by minors online;
 Unauthorized disclosure, use, and dissemination of personal information regarding minors; and
 Measures restricting minors' access to materials harmful to them.

At its meeting on October 11, 2022, the Library and Literacy Commission was informed by staff that the San Joaquin Valley Library System’s Administrative Librarian notified the City that its Internet Use Policy approved by the City Council at its meeting on October 15, 2002, was not considered CIPA compliant during a recent E-rate audit. The San Joaquin Valley Library System E-rate Consultant provided a template for policy compliance, which staff completed accordingly.

RECOMMENDATION: That City Council approve the Library's Internet Use Policy to be in compliance with the Children's Internet Protection Act.

Item No. 5.

ATTACHMENTS: 1. Draft Policy
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Porterville Public Library- Internet Safety Policy:

Introduction
It is the policy of the Porterville Public Library to: (a) prevent user access over its computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications; (b) prevent unauthorized access and other unlawful online activity; (c) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and (d) comply with the Children’s Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)].

Definitions
Key terms are as defined in the Children’s Internet Protection Act.

Access to Inappropriate Material
To the extent practical, technology protection measures (or “Internet filters”) shall be used to block or filter Internet traffic, or other forms of electronic communications, to prevent access to inappropriate information.

Specifically, as required by the Children’s Internet Protection Act, blocking shall be applied to visual depictions of material deemed obscene or child pornography, or to any material deemed harmful to minors.

Subject to staff supervision, technology protection measures may be disabled for adults or, in the case of minors, minimized only for bona fide research or other lawful purposes.

Inappropriate Network Usage
To the extent practical, steps shall be taken to promote the safety and security of users of the Porterville Public Library online computer network when using electronic mail, chat rooms, instant messaging, and other forms of direct electronic communications.

Specifically, as required by the Children’s Internet Protection Act, prevention of inappropriate network usage includes: (a) unauthorized access, including so-called ‘hacking,’ and other unlawful activities; and (b) unauthorized disclosure, use, and dissemination of personal identification information regarding minors.

Education, Supervision and Monitoring
It shall be the responsibility of all members of the Porterville Public Library staff to educate, supervise and monitor appropriate usage of the online computer network and access to the Internet in accordance with this policy, the Children’s Internet Protection Act, the Neighborhood Children’s Internet Protection Act, and the Protecting Children in the 21st Century Act.

Procedures for the disabling or otherwise modifying any technology protection measures shall be the responsibility of the Library and/or designated Library Staff.

Adoption
This Internet Safety Policy was adopted by the Porterville City Council at a public meeting, following normal public notice, on November 1, 2022.

Item No. 6.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial status reports to be provided to City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommended change in submittal of the interim financial status reports and established requirements and parameters in the presentation of the reports.

In accordance with Council Minute Order No. 10-011607, the financial status reports for the quarter ending September 30, 2022, are submitted.

RECOMMENDATION: That the City Council accept the Financial Status Reports as presented.

ATTACHMENTS: 1. Quarterly Financial Status Reports as of September 30, 2022
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Item No. 7.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Quarterly Investment Portfolio
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of September 30, 2022, and is in compliance with California Government Code Section 27000, etc., Section 53600, etc., and the City of Porterville's Statement of Investment Policy. Investments are selected based on the statutory objectives of safety, liquidity and yield.

Items identified in the summary include portfolio composition, weighted average rate of earnings, weighted average days to maturity, and the percentage of liquid holdings.

RECOMMENDATION: That the City Council accept the quarterly Investment Portfolio Summary Report.

ATTACHMENTS: 1. Investment Portfolio Summary - September 30, 2022 Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF SEPTEMBER 30, 2022

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1006 LOCAL AGENCY INVESTMENT FUND $ 29,240,927 $ 29,240,927 1.350% DAILY DAILY 1 1007 CSJVRMA INVESTMENT FUND 7,268,271 6,961,219 1.460% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 9,681,623 9,681,623 1.400% DAILY DAILY 30 CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 5,905 3130AKXB7 FEDERAL HOME LOAN BANKS 1,975,000 1,754,840 0.580% 3/18/2021 2/11/2026 1,230 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 867,448 1.000% 3/23/2021 3/23/2026 1,270 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 890,600 1.050% 3/25/2021 3/25/2026 1,272 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 891,690 0.750% 3/30/2021 3/30/2026 1,277 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 884,910 1.000% 4/29/2021 4/29/2026 1,307 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,751,600 1.040% 9/21/2021 9/21/2026 1,452 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 878,260 1.125% 9/29/2021 9/29/2026 1,460 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 877,200 1.100% 9/30/2021 9/30/2026 1,461 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 876,250 1.000% 8/26/2021 8/26/2026 1,426 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 877,450 1.100% 9/28/2021 9/28/2026 1,459 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 880,880 1.250% 10/26/2021 10/26/2026 1,487 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,333,950 1.600% 12/30/2021 12/30/2026 1,552 3130APDQ5 FEDERAL HOME LOAN BANKS 1,000,000 880,790 1.250% 10/28/2021 10/28/2026 1,489 3130APTJ4 FEDERAL HOME LOAN BANKS 1,000,000 878,870 1.250% 11/24/2021 11/24/2026 1,516 3130APU37 FEDERAL HOME LOAN BANKS 1,000,000 880,680 1.300% 11/24/2021 11/24/2026 1,516 3130AQ5Q2 FEDERAL HOME LOAN BANKS 2,000,000 1,771,360 1.500% 12/30/2021 12/30/2026 1,552 3130AQRM7 FEDERAL HOME LOAN BANKS 1,000,000 931,730 1.550% 2/25/2022 2/25/2025 879 3130AQRH8 FEDERAL HOME LOAN BANKS 1,000,000 905,310 2.000% 2/25/2022 2/25/2027 1,609 3130ARA76 FEDERAL HOME LOAN BANKS 2,000,000 1,815,960 2.250% 3/30/2022 3/30/2027 1,642 3130AQJJ3 FEDERAL HOME LOAN BANKS 1,000,000 905,740 1.125% 1/26/2022 1/26/2026 1,214 3133ENNG1 FEDERAL FARM CREDIT BANKS 2,000,000 1,809,960 1.860% 2/8/2022 2/8/2027 1,592 3130ASJT7 FEDERAL HOME LOAN BANKS 1,000,000 983,140 3.230% 6/29/2022 12/29/2023 455 3130ARQ95 FEDERAL HOME LOAN BANKS 1,000,000 960,650 3.030% 4/29/2022 4/28/2025 941 3130AS2Q1 FEDERAL HOME LOAN BANKS 1,000,000 964,250 3.150% 5/23/2022 5/23/2025 966 3134GXUC6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 976,990 3.400% 5/27/2022 5/23/2025 966 3134GXXF6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 969,770 3.500% 6/28/2022 6/26/2026 1,365 3130APG82 FEDERAL HOME LOAN BANKS 1,000,000 882,450 0.750% 11/2/2021 10/28/2026 1,489 3130ARU74 FEDERAL HOME LOAN BANKS 1,000,000 944,620 3.375% 5/17/2022 5/17/2027 1,690 3130ARUX7 FEDERAL HOME LOAN BANKS 1,000,000 954,170 3.750% 5/19/2022 5/19/2027 1,692 3130ASD63 FEDERAL HOME LOAN BANKS 1,000,000 942,500 3.250% 6/28/2022 6/28/2027 1,732 3130ASD71 FEDERAL HOME LOAN BANKS 1,000,000 953,520 3.200% 6/29/2022 6/29/2026 1,368 3130ASFQ7 FEDERAL HOME LOAN BANKS 1,000,000 960,220 4.000% 6/29/2022 6/29/2027 1,733 3134GXF74 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 987,130 3.625% 7/26/2022 7/26/2024 665 3134GXP81 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 989,100 3.820% 8/30/2022 8/28/2024 698 3134GXX66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 990,120 3.500% 9/23/2022 9/23/2024 724 3130ATFL6 FEDERAL HOME LOAN BANKS 1,000,000 1,001,290 4.600% 9/30/2022 9/30/2024 731 3134GXF66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 985,070 4.000% 8/1/2022 8/1/2025 1,036 3130ASU98 FEDERAL HOME LOAN BANKS, STEP-UP 1,000,000 985,770 3.500% 8/25/2022 8/25/2025 1,060 3135GACV1 FEDERAL NATIONAL MORTGAGE ASSOC 1,000,000 988,220 4.000% 8/30/2022 8/28/2025 1,063 3133ENF39 FEDERAL FARM CREDIT BANKS 1,000,000 990,200 3.125% 8/18/2022 8/8/2023 312 3130ASPE3 FEDERAL HOME LOAN BANKS 1,000,000 967,290 4.300% 7/28/2022 7/28/2027 1,762 3133ENL32 FEDERAL FARM CREDIT BANKS 1,000,000 985,300 4.230% 9/8/2022 9/8/2027 1,804 89236TKC8 TOYOTA MOTOR CRD CORP 1,000,000 976,060 3.950% 9/8/2022 6/30/2025 1,004 037833DE7 APPLE INC NOTE 1,000,000 996,620 2.400% 1/16/2018 1/13/2023 105 084670BR8 BERKSHIRE HATHAWAY 1,000,000 994,590 2.750% 4/23/2018 3/15/2023 166 06406RAG2 BANK NEW YORK MELLON CORP MTN 1,000,000 995,470 3.500% 10/16/2018 4/28/2023 210 90331HNV1 US BANK ASSN MTN 1,000,000 991,960 3.400% 11/15/2018 7/24/2023 297 06747PML0 BARCLAYS BANK 1,000,000 974,920 3.000% 3/17/2020 10/17/2023 382 13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 928,190 2.500% 4/28/2020 4/10/2025 923 17298CK64 CITIGROUP INC 1,000,000 875,920 1.000% 8/28/2020 8/28/2025 1,063 89114TK84 TORONTO DOMINION BANK 2,000,000 1,716,809 1.050% 6/16/2021 3/16/2026 1,263 06368EWM0 BANK OF MONTREAL 2,000,000 1,792,900 1.220% 3/17/2021 3/17/2026 1,264 17290A3E8 CITIGROUP INC 1,000,000 858,100 1.250% 7/1/2021 7/1/2026 1,370 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 880,240 1.400% 9/30/2021 9/30/2026 1,461 06048WV56 BANK OF AMERICA 1,000,000 949,470 4.000% 5/5/2022 5/5/2026 1,313 48133DN55 JP MORGAN CHASE FINL CO 2,000,000 1,955,100 4.050% 7/29/2022 7/29/2024 668 06748XQR5 BARCLAYS BANK 1,000,000 981,224 4.500% 9/12/2022 3/12/2026 1,259

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
795451CD3 CERTIFICATE OF DEPOSIT 240,000 233,527 3.350% 8/24/2022 8/25/2025 1,060 62384RAB2 CERTIFICATE OF DEPOSIT 249,000 248,948 2.300% 10/12/2017 10/12/2022 12 01748DAY2 CERTIFICATE OF DEPOSIT 249,000 248,831 2.200% 11/3/2017 11/3/2022 34 61747MF63 CERTIFICATE OF DEPOSIT 246,000 245,474 2.650% 1/11/2018 1/11/2023 103 22239MAR9 CERTIFICATE OF DEPOSIT 249,000 248,218 2.600% 2/2/2018 2/2/2023 125 366526AR2 CERTIFICATE OF DEPOSIT 249,000 248,089 2.650% 2/16/2018 2/16/2023 139 819866AE4 CERTIFICATE OF DEPOSIT 249,000 247,989 2.800% 3/5/2018 3/6/2023 157 319141KL0 CERTIFICATE OF DEPOSIT 245,000 243,719 3.150% 6/6/2018 6/6/2023 249 74934YAH4 CERTIFICATE OF DEPOSIT 245,000 243,643 3.150% 6/20/2018 6/20/2023 263 17312QJ26 CERTIFICATE OF DEPOSIT 246,000 244,713 2.900% 4/11/2018 4/11/2023 193 25665QAX3 CERTIFICATE OF DEPOSIT 246,000 244,699 2.900% 4/13/2018 4/13/2023 195 91435LAG2 CERTIFICATE OF DEPOSIT 249,000 247,670 3.050% 5/14/2018 5/15/2023 227 080515CQ0 CERTIFICATE OF DEPOSIT 246,000 244,677 3.050% 5/16/2018 5/16/2023 228 90348JCW8 CERTIFICATE OF DEPOSIT 249,000 247,835 3.250% 6/13/2018 6/13/2023 256 74160NGF1 CERTIFICATE OF DEPOSIT 249,000 247,700 3.200% 6/22/2018 6/22/2023 265 45581EAX9 CERTIFICATE OF DEPOSIT 249,000 247,825 3.300% 6/30/2018 6/30/2023 273 31911QFK6 CERTIFICATE OF DEPOSIT 249,000 247,250 3.200% 8/10/2018 8/10/2023 314 499724AD4 CERTIFICATE OF DEPOSIT 249,000 247,147 3.250% 8/30/2018 8/30/2023 334 64017AAH7 CERTIFICATE OF DEPOSIT 245,000 243,091 3.300% 9/19/2018 9/19/2023 354 92891CBK7 CERTIFICATE OF DEPOSIT 249,000 246,946 3.350% 10/16/2018 10/16/2023 381 474067AQ8 CERTIFICATE OF DEPOSIT 249,000 246,946 3.350% 10/19/2018 10/19/2023 384 59452WAE8 CERTIFICATE OF DEPOSIT 249,000 247,070 3.450% 11/9/2018 11/9/2023 405 61760ASL4 CERTIFICATE OF DEPOSIT 245,000 243,290 3.550% 11/26/2018 11/24/2023 420 635573AL2 CERTIFICATE OF DEPOSIT 245,000 242,714 3.400% 12/26/2018 12/21/2023 447 15118RRHS CERTIFICATE OF DEPOSIT 249,000 237,837 1.850% 8/30/2019 8/30/2024 700 938828BM1 CERTIFICATE OF DEPOSIT 249,000 238,525 2.000% 8/30/2019 8/30/2024 700 949495BC8 CERTIFICATE OF DEPOSIT 250,000 248,145 1.750% 2/21/2020 2/21/2023 144 05465DAK4 CERTIFICATE OF DEPOSIT 249,000 239,770 1.650% 3/26/2020 3/26/2024 543 87165FE42 CERTIFICATE OF DEPOSIT 249,000 218,687 1.100% 11/12/2021 11/12/2026 1,504 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 219,563 1.250% 12/8/2021 12/8/2026 1,530 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 219,543 1.250% 12/9/2021 12/9/2026 1,531 02589ABQ4 CERTIFICATE OF DEPOSIT 245,000 221,603 2.000% 3/9/2022 3/9/2027 1,621 39573LDA3 CERTIFICATE OF DEPOSIT 245,000 222,325 2.100% 3/15/2022 3/15/2027 1,627 856285F63 CERTIFICATE OF DEPOSIT 246,000 221,137 1.800% 1/31/2022 2/1/2027 1,585 70962LBE1 CERTIFICATE OF DEPOSIT 249,000 222,397 1.700% 2/18/2022 2/18/2027 1,602 14042RSH5 CERTIFICATE OF DEPOSIT 245,000 241,041 3.300% 6/29/2022 7/1/2024 640 02589AC34 CERTIFICATE OF DEPOSIT 250,000 239,508 2.550% 4/17/2022 4/7/2025 920 05580AM92 CERTIFICATE OF DEPOSIT 248,000 235,035 2.750% 4/22/2022 4/22/2026 1,300 58404DNW7 CERTIFICATE OF DEPOSIT 248,000 231,563 2.800% 4/29/2022 4/29/2027 1,672 254673D94 CERTIFICATE OF DEPOSIT 246,000 233,675 3.200% 5/18/2022 5/19/2027 1,692 07371C6Y0 CERTIFICATE OF DEPOSIT 246,000 231,410 3.000% 6/15/2022 6/9/2027 1,713 38150VCG2 CERTIFICATE OF DEPOSIT 246,000 231,363 3.000% 6/15/2022 6/15/2027 1,719 50625LBN2 CERTIFICATE OF DEPOSIT 249,000 236,724 3.250% 6/15/2022 6/15/2027 1,719 89841MAD9 CERTIFICATE OF DEPOSIT 245,000 243,052 2.850% 7/19/2022 7/19/2023 292 12527CFB3 CERTIFICATE OF DEPOSIT 245,000 240,335 3.300% 7/22/2022 9/30/2024 731 654062LB2 CERTIFICATE OF DEPOSIT 250,000 248,675 4.100% 9/28/2022 3/28/2025 910 02589AC34 CERTIFICATE OF DEPOSIT 250,000 241,450 3.050% 7/25/2022 7/25/2025 1,029 06740KQZ3 CERTIFICATE OF DEPOSIT 250,000 243,120 3.300% 7/27/2022 7/28/2025 1,032 20825WAZ3 CERTIFICATE OF DEPOSIT 249,000 242,655 3.400% 8/15/2022 8/15/2025 1,050 02007GWJ8 CERTIFICATE OF DEPOSIT 246,000 235,717 3.150% 7/21/2022 7/21/2029 2,486 88413QDN5 CERTIFICATE OF DEPOSIT 245,000 232,961 3.300% 8/19/2022 8/19/2027 1,784 32022RSY4 CERTIFICATE OF DEPOSIT 249,000 237,573 3.400% 9/14/2022 9/14/2027 1,810 52470QBV5 CERTIFICATE OF DEPOSIT 249,000 238,609 3.500% 9/23/2022 9/23/2027 1,819 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 4/24/2018 4/24/2023 206 1281 CERTIFICATE OF DEPOSIT 250,000 250,000 2.800% 5/14/2018 5/14/2023 226 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 3.000% 6/21/2018 6/21/2023 264 1283 CERTIFICATE OF DEPOSIT 250,000 250,000 1.591% 5/12/2020 5/12/2023 224 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 2.650% 4/29/2018 4/29/2023 211 1286 CERTIFICATE OF DEPOSIT 250,000 250,000 3.100% 6/25/2018 6/25/2023 268 1303 CERTIFICATE OF DEPOSIT 250,000 250,000 1.100% 4/16/2021 4/16/2024 564 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 1.800% 2/14/2022 2/14/2027 1,598 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 3.200% 6/23/2022 6/23/2027 1,727 1314 CERTIFICATE OF DEPOSIT 249,000 249,000 2.000% 7/21/2022 7/20/2024 659 1316 CERTIFICATE OF DEPOSIT 250,083 250,083 2.600% 10/6/2017 10/6/2022 6 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 2.428% 11/16/2017 11/16/2022 47 1318 CERTIFICATE OF DEPOSIT 249,000 249,000 2.500% 3/22/2018 3/22/2023 173

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1319 CERTIFICATE OF DEPOSIT 250,000 250,000 0.800% 5/3/2022 5/3/2023 215 1320 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 9/12/2018 9/12/2023 347 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 3.350% 1/11/2019 1/11/2024 468 1326 CERTIFICATE OF DEPOSIT 267,054 267,054 3.500% 1/29/2019 1/29/2024 486 1327 CERTIFICATE OF DEPOSIT 245,000 245,000 3.500% 2/28/2019 2/28/2024 516 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 3/22/2019 3/22/2024 539 1329 CERTIFICATE OF DEPOSIT 249,000 249,000 3.210% 4/9/2019 10/9/2023 374 1330 CERTIFICATE OF DEPOSIT 248,960 248,960 3.200% 5/24/2019 5/24/2024 602 1331 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 5/7/2019 5/7/2024 585 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 6/4/2019 6/4/2024 613 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 3.050% 7/31/2019 7/31/2024 670 1335 CERTIFICATE OF DEPOSIT 249,000 249,000 2.810% 9/11/2019 9/11/2024 712 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 2.800% 9/17/2019 9/17/2024 718 1337 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 11/1/2019 11/1/2024 763 1338 CERTIFICATE OF DEPOSIT 266,469 266,469 2.720% 10/15/2019 10/15/2024 746 1339 CERTIFICATE OF DEPOSIT 257,618 257,618 2.250% 12/26/2019 12/26/2024 818 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 2.400% 12/5/2019 12/5/2024 797 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/8/2020 1/8/2025 831 1342 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/17/2020 1/17/2025 840 1343 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/24/2020 1/24/2025 847 1344 CERTIFICATE OF DEPOSIT 249,000 249,000 1.100% 11/18/2020 11/18/2023 414 1345 CERTIFICATE OF DEPOSIT 249,000 249,000 3.150% 6/9/2022 6/9/2027 1,713 1346 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 6/21/2022 6/21/2027 1,725 1347 CERTIFICATE OF DEPOSIT 249,000 249,000 3.320% 7/21/2022 7/21/2027 1,755 1348 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 7/20/2022 7/20/2027 1,754 1349 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 8/30/2022 3/1/2026 1,248 TOTALS $ 137,300,516 $ 131,890,294

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

ONE YEAR HISTORY CURRENT PORTFOLIO DAYS TO
9/30/2021 12/31/2021 3/31/2022 6/30/2022 9/30/2022 HOLDINGS MATURITY

1.208% 1.222% 1.274% 1.588% 2.095% 33.642% 821
Comments:

Portfolio holdings as of September 30, 2022, are in compliance with the current Investment Policy. With 33.642% of the portfolio being held in liquid instruments, the cash needs of the City will be met. The next portfolio report will be calculated for the fourth calendar quarter ending December 31, 2022, and will be presented during the February 7, 2023 Council meeting.

Item No. 8.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: City Council Member Requested Agenda Item - Consider City Code Prohibiting Commercial Vehicles From Using Certain Streets
SOURCE: City Manager's Office
COMMENT:

Mayor Flores has requested that the City Council consider and review the City's Code for prohibiting commercial vehicles from using certain streets. Pursuant to the City Council Procedural Handbook, should the Council approve to consider Mayor Flores' request, the subject would be considered as a Scheduled Matter at the Council's next regular meeting.

RECOMMENDATION: That the City Council approve Mayor Flores' request to consider and review the City's Code requirements for prohibiting commercial vehicles from using certain streets as a Scheduled Matter at its next regular meeting.

ATTACHMENTS: 1. Municipal Code Article XIII: Restricted Use of Certain Streets

2. Richard Hatfield Letter
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
ARTICLE XIII. RESTRICTED USE OF CERTAIN STREETS
SECTION:
17-13: Certain Vehicles Prohibited In Central Traffic District 17-13.1: Truck Routes
17-13.2: Designation Of Interstate Truck Access Routes
17-13.3: Commercial Vehicles Prohibited From Using Certain Streets 17-13: CERTAIN VEHICLES PROHIBITED IN CENTRAL TRAFFIC DISTRICT:

A. No person shall operate any of the following vehicles in the central traffic district between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. of any day:

1. Any freight vehicle more than eight and one-half feet (8 1/2') in width, with load, or any freight vehicle so
loaded that any part of its load extends more than three feet (3') to the front or ten feet (10') to the rear of said vehicle.

2. Any vehicle carrying building material that has not been loaded, or is not to be unloaded, at some point within the central traffic district.

B. The city traffic engineer may by written permit authorize the operation of any such vehicle for the purposes of making necessary emergency deliveries to or from points within the central traffic district. (Ord. 1162 § 1, 12-5-1978)
17-13.1: TRUCK ROUTES:

A. Whenever any resolution of this city designates and describes any street or portion thereof as a street, the use of which is permitted by any vehicle exceeding a maximum gross weight limit of four (4) tons, the city traffic engineer is hereby authorized to designate such street or streets by appropriate signs as truck routes for the movement of vehicles exceeding a maximum gross weight limit of four (4) tons.

B. When any such truck route or routes are established and designated by appropriate signs, the operator of any vehicles exceeding a maximum gross weight limit of four (4) tons shall drive on such route or routes, and none other, except that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of four (4) tons coming from a "truck route" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pick ups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor.

C. The provisions of this section shall not apply to:

1. Passenger buses under the jurisdiction of the public utilities commission; or

2. Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility.

D. Those streets and parts of streets established by resolution of the council are hereby declared to be truck routes for the movement of vehicles exceeding a maximum gross weight of four (4) tons. (Ord. 1162 § 1, 12-5- 1978)
17-13.2: DESIGNATION OF INTERSTATE TRUCK ACCESS ROUTES:

A. Legislative Authority: This section is adopted, in accordance with the federal surface transportation assistance act (STAA), pursuant to the authority set forth in sections 35100, 35401, and 35401.5 of the Vehicle Code of the state of California.

B. Purpose:

1. It is the purpose of this section to protect the health, safety, and welfare of residents of this city by setting minimum standards for the use of city streets by certain interstate trucks. To that end, this section and the provisions thereunder shall be liberally construed.

2. It is additionally the intention of the city council to minimize the wear and tear on city streets with increased usage by certain interstate trucks while still providing the fullest possible access for city residents and businesses utilizing the benefits and services of such traffic.

C. Not Exclusive Regulation: This section is not the exclusive regulation of city streets. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereinafter enacted by the state, county, or any other legal entity or agency having jurisdiction.

D. Administration And Enforcement: Except as otherwise provided, this section shall be administered by the city traffic engineer and enforced by the city police chief.

E. Application Of Section: This section applies to all city controlled and maintained streets and any truck traffic, local or interstate, using such streets.

F. Definitions: Except where the context otherwise requires, the following definitions shall govern the construction of this section:

CALTRANS: The state of California department of transportation.

CITY: The city council of the city of Porterville, California.

CITY TRAFFIC ENGINEER: The city traffic engineer or his duly authorized agents.

INTERSTATE TRUCK: A combination of vehicles consisting of a truck tractor and semitrailer, with or without an additional trailer, which conforms to the conditions of section 35401.5 of the Vehicle Code of California. Any licensed carrier of household goods when directly en route to or from a point of loading or unloading of household goods, whose travel on highways other than those designated through this section is necessary and incidental to the shipment of the household goods, is specifically excluded from this definition.

POINT OF DECISION: Any intersection, junction or other point on a street where a driver must decide to proceed straight, turn, exit or enter (driveway entrances are excluded).

TERMINAL: A facility at which freight is consolidated to be shipped, where shipments may be loaded or unloaded, or at which truck and trailer combinations are regularly maintained, stored or manufactured.

TRAFFIC ENGINEER: The city traffic engineer or his duly authorized agents.

G. Declaration Of Prohibition: The city hereby prohibits the use of any interstate truck upon the streets under its jurisdiction except on specifically designated interstate truck terminal access routes as hereinafter provided.

City designation of an interstate truck terminal access route which is available for use shall be evidenced by specific signs posted at all points of decision on the interstate truck terminal access route.

H. Procedure For Terminal Access Route Designation:

1. STAA Truck Route Map:
a. STAA truck routes shall be adopted by resolution of the city council with a copy of the official STAA truck route map attached.
b. The official STAA truck route map may be amended, from time to time, by resolution of the city council.

2. Application:
a. Any terminal owner or authorized agent wishing to have an interstate truck terminal access route designated to a particular terminal, which route is wholly or partly made up of city streets, shall submit an application and supply all information and documents requested to the city traffic engineer. The application shall be on a form provided by the traffic engineer and available in the engineering division of the city during hours when the city is regularly open for business days. The application shall be accompanied by the applicable fee set by resolution of the city council.
b. Additional information may be required upon request by the traffic engineer. Written notification of any changes in any information supplied during the application process must be submitted to the traffic engineer. If such additional or changed information is not provided within five (5) working days or is inaccurate, the traffic engineer may deny the application.

3. Investigation:
a. The traffic engineer shall investigate all applications for interstate truck terminal access route designations.
b. Following the investigation, the traffic engineer shall compile a report describing the proposed route and any alternative routes. The report shall further identify any deficiencies or problems within the proposed route or alternate routes which must be corrected before such routes can be finally approved for designation as interstate truck access routes.

4. Approval:
a. The traffic engineer shall take one of the following actions on an application:
(1) Approve the application route as proposed.
(2) Approve the application route on the condition that the applicant correct any or all identified deficiencies to the satisfaction of the traffic engineer prior to any use of the route. (3) Deny the application.
b. If the application route is approved on the condition that any deficiencies be corrected, such correction must be commenced within three (3) months of conditional approval and shall comply with all normal city procedures, standards and permit requirements. Adequacy of correction of the deficiencies shall be subject to the approval of the traffic engineer. The traffic engineer may deny final approval of any route upon the applicant's failure to comply with any of these provisions. c. The applicant may appeal any conditional approval or any denial in accordance with subsection I of this section.

5. CALTRANS And Other Local Agency Approval:
a. Once the traffic engineer has approved a proposed or alternate route, the traffic engineer shall submit the proposed route to CALTRANS for approval. The traffic engineer shall also notify the applicant if approval by an affected local agency or county is necessary. Final approval by the city shall be contingent upon compliance by the applicant with all requirements set out by CALTRANS and approval by any other affected local agency or county.
b. If the applicant fails to meet any requirements by CALTRANS or is denied approval by any other affected local agency, the traffic engineer shall deny the application, which denial shall be final and not appealable to the city council.

6. Posting Of Signs: Following final approval, the traffic engineer shall post signs which mark the course of the interstate truck terminal access route. Such signs shall be posted in accordance with standards adopted by the traffic engineer.

7. Availability For Use: After the city council adopts a resolution amending the official STAA truck route map, the traffic engineer, after posting all necessary signs, shall notify the applicant and the California highway patrol, that a route has been designated and marked and is available for use.

8. Suspension; Revocation: The traffic engineer may, at any time and in his sole discretion, revoke his approval of any route if the route becomes unsafe. The designation of any route may be temporarily suspended to allow for repairs or other construction. A permanent revocation or temporary suspension may be appealed in accordance with subsection I of this section.

I. Appeal:

1. Generally: To appeal a conditional approval or a denial of designation by the traffic engineer, the applicant shall provide written notice of appeal to the traffic engineer within ten (10) days of notification of the conditional approval or denial. Such written notice shall set out all reasons why the applicant believes such conditions or denial are inappropriate.

2. Initial Review: Upon receipt of a written notice of appeal, the traffic engineer shall reconsider the conditions or denial and notify the applicant of the results of his review in writing within forty five (45) days. If the applicant is not satisfied by the traffic engineer's decision after review, the applicant may appeal directly to the city council. If the applicant is satisfied, the procedures in subsections H3 and H4 of this section as to correction of deficiencies, approval by other agencies, and posting of signs shall be followed.

3. Appeal To City Council:
a. If the applicant wishes to appeal to the city council the traffic engineer's decision on reconsideration rendered under subsection I2 of this section, appeal shall be made by letter to the city manager. Such appeal shall be filed within ten (10) days of the traffic engineer's decision on reconsideration. b. If the city council orders approval or conditional approval of a requested route, then the procedures set out in subsections H3 and H4 of this section as to correction of deficiencies, approval by other agencies and posting of signs shall be followed. The city council's decision on the applicant's appeal shall be final. Judicial review of such decision shall be in accordance with California Code of Civil Procedure section 1094.5.

4. Renewal Of Application: The denial of a route application shall be final as to that route unless there is a material change of circumstances between the date of denial and the date of filing a renewed application. A material change of circumstances may include construction and improvement of the proposed route for a different purpose or a decision by CALTRANS to withdraw a previous rejection of the route. The traffic engineer may reject a renewed application for a previously rejected route without investigation or report unless the applicant when making the renewed application provides written evidence of such a material change of circumstances. Denial by the traffic engineer of a renewed application shall be final for all appeal purposes. (Ord. 1391 § B, 11-17-1987; Ord. 1513 § C, 6-6-1995; Ord. 1537 § B56, 8-6-1996) 17-13.3: COMMERCIAL VEHICLES PROHIBITED FROM USING CERTAIN STREETS:

A. Whenever any resolution of this city designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the city traffic engineer shall erect and maintain appropriate signs on those streets affected by such resolution.

B. Those streets and parts of streets established by resolution of the council are hereby declared to be streets the use of which is prohibited by any commercial vehicle. The provisions of this section shall not apply to passenger buses under the jurisdiction of the public utilities commission. (Ord. 1162 § 1, 12-5-1978; Ord. 1391 § A, 11-17-1987)

Item No. 9.

CITY COUNCIL AGENDA – NOVEMBER 1, 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 October 18, 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 December 1, 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 1st day of November, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Item No. 10.

CITY COUNCIL AGENDA – NOVEMBER 1, 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 October 18, 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. 10.
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. 10.
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. 10.
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. 10.

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. 10.
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)
~X ~ ~d ~ S7 ll ~ '~ ~ r ,~ ~ ~~~li~ ~~i" °• _ «<-~ only ~,'.;?~ bffi~e c u ~ ~.e~ ,'~;1 ~,° ~;,;. _ ~(fhv S~.~ of ~~~nmi~
~~~~ s~,~, jm~ rti r ~a-s~

NOTICE REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

ADOPTED EMERGENCY REGULATION TEXT
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article. 2. Prevention of Drought Wasteful Water Uses
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.

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

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

Authority: Section 105$.5, Water Code.

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

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

DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the

AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.

PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 2 of 24 ends

3pg18xi20

1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• Exhibit A – Scope of Work and Schedule
• Exhibit B – Specific Funding Provisions
• Exhibit C – GENERAL TERMS AND CONDITIONS 2019-NOV
• Exhibit D – Special Conditions

2. The following documents are also incorporated by reference:
• the Drinking Water System Permit No. 03-12-06P-004;
• the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/davisbacon/2020_ dwsrf_governmental_entities.pdf

3. Party Contacts during the term of this Agreement are:

State Water Board City of Porterville
Section: Division of Financial Assistance
Name: Pete Stamas, Project Manager Name: Monte Reyes, Mayor Address: 1001 I Street, 16th Floor Address: 291 North Main Street City, State,
Zip:

Sacramento, CA 95814 City, State, Zip: Porterville, CA 93257 Phone: (916) 552-9983 Phone: (559) 782-7499
Fax: Fax:

Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.

4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement. (b) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(c) The Recipient must deliver to the Division a resolution certifying that its decision-making body reviewed and considered the Mitigated Negative Declaration filed by the State Water Board for the Akin Water Company Water Supply Project together with the Mitigation Monitoring and Reporting Program and reached its own conclusions on whether and how to approve the Project, pursuant to Section 15050 (b) of the CEQA Guidelines.

5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 3 of 24 ends

3pg18xi20
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 5 of 24 ends

Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1. PROJECT PURPOSE AND DESCRIPTION.

The Project is for the benefit of the Recipient and has a Useful Life of at least 40 years. The funding under this Agreement shall be used to provide the residents of two small disadvantaged communities currently served by Akin Water Company (Akin WC) and Central Mutual Water Company (Central MWC) with a sustainable source of safe drinking water.

A.2. SCOPE OF WORK.

The Recipient agrees to do the following: consolidate with Akin WC and Central MWC. Recipient also agrees to construct a new production well, estimated to produce between 1,300 and 1,800 gallons per minute, to provide the needed source capacity for the consolidation of Akin WC, the consolidation of Central MWC, as well as satisfy the remainder of East Porterville residents’ capacity needs.

The Recipient agrees to do the following for the Akin WC service area: construct approximately 1,500 feet of 8-inch waterline to provide water service to each customer currently served by Akin WC; install approximately three new fire hydrants and twenty-six new service laterals and meters; and destroy Akin WC’s two existing wells.

The Recipient agrees to do the following for the Central MWC service area: construct approximately 1,400 feet of 6-inch waterline to provide water service to each customer currently served by Central MWC; install approximately four new fire hydrants and thirty-four new service laterals and meters; and destroy Central MWC’s existing well.

Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.

A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):

“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.

Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 6 of 24 ends

Exhibit A
must complete and submit all work in time to be approved by the Division prior to the Project Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

ESTIMATED DUE
DATE
EXHIBIT A – SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

3. Completion of Construction October 1, 2023
B. REPORTS

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

3. Project Completion Report December 1, 2023
4 As Needed Reports TBD
EXHIBIT B – REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS

1. Reimbursement Requests Quarterly

2. Final Reimbursement Request April 1, 2024
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.

A.5 PROGRESS REPORTS.

The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements; 3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 7 of 24 ends

Exhibit A
A.6 SPECIAL REPORTS.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply.

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 8 of 24 ends

Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.

The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.

B.2 RECIPIENT CONTRIBUTIONS.
(a) The loan component of this Agreement is forgiven. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is Zero dollars and no cents ($0.00). (b) The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect the recovered funds.

B.3 VERIFIABLE DATA.

Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.

B.4 BUDGET COSTS
Budget costs are contained in the Summary Project Cost Table below:

LINE ITEM TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT
Construction $3,194,720 $3,194,720
Pre-Purchased Material/Equipment $0 $0
Purchase of Land $0 $0
Contingency $638,944 $638,944
Allowances (Soft Costs) $954,000 $954,000
TOTAL $4,787,664 $4,787,664

The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.

The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.

Reasonable indirect costs may be allowable upon approval by the Division.

B.5 LINE ITEM ADJUSTMENTS.

Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit B
Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.

Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.

B.6 REIMBURSEMENT PROCEDURE.
(a) Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:

1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred costs as specified below through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.

2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.

3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.

4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed.

Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.

5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.

6. The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.

7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (b) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(c) Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after this the Division has approved the final budget form submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit B
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

1. Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date

2. Each capitalized term used in this Agreement has the following meaning:
• "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. • "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
• "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
• “District Office” means District Office of the Division of Drinking Water of the State Water Board. • “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. • “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
• “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. • “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
b) Failure to operate the System or the Project without the Division’s approval; • “Final Budget Approval” means the Division-approved final budget for the Project, as set forth in Exhibit B. • “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
• "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. • “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 13 of 24 ends

Exhibit D
reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. • “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
• “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Porterville, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. • “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.

3. Acknowledgements.

The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”

4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.

5. [RESERVED]

6. [RESERVED].

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 14 of 24 ends

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

1. The Recipient shall submit its professional engineering services contract to the Division prior to disbursement of funds for costs incurred under such contract.

2. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division of Drinking Water Tulare District Office Engineer and the Project Manager.

3. The Recipient must submit final consolidation agreements with Akin WC and Central MWC, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for any Project Costs under the Agreement.

4. Upon completion of the Project the Recipient shall submit a water supply permit amendment request for review to the Division of Drinking Water Tulare District Office.

Environmental:

1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Mitigation Monitoring and Reporting Program adopted by the State Water Board on June 16, 2016 for the Project. The Recipient shall implement all mitigation measures therein. b. The letter dated February 12, 2020, from Patricia Cole of the United States Fish and Wildlife Service, San Joaquin Valley Division to Douglas E. Eberhardt of the United States Environmental Protection Agency, including, but not limited to, the following:
i. Implement Avoidance and Minimization Measures and Best Management Practices prior to and during construction activities to minimize and avoid effects to the San Joaquin kit fox.
c. The Mitigation Monitoring and Reporting Program adopted by the City of Porterville on April 21, 2020 for the Central Mutual Water Company Consolidation Project. The Recipient shall implement all mitigation measures therein.

2. In the Recipient’s Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

3. In the Recipient’s Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

8. [RESERVED].

9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.

10. [RESERVED].

11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 15 of 24 ends

Exhibit D

12. [RESERVED].

13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.

14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 16 of 24 ends

Exhibit D
v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 17 of 24 ends

Exhibit D
xx. The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption.
xxi. [RESERVED].

16. Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.

17. State Cross-Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
a) The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. b) Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c) Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d) Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. e) Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f) Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
g) Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h) Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i) Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j) Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k) The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.

18. Financial Management Systems. The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit D
used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient is bound by, and must comply with, the provisions and requirements of the federal Single Audit Act of 1984 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.

19. Access and Inspection. In addition to the obligations set forth in section 2 of the General Terms and Conditions incorporated in Exhibit C of this Agreement, the Recipient must ensure that the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during the term of the Agreement.

20. Fraud, Waste, and Abuse. The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to reimbursement requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder.

21. Disputes. The Recipient must continue with the responsibilities under this Agreement during any dispute.

The Recipient may, in writing, appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.

This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.

22. Additional Representations and Warranties. The Recipient makes the following representations and warranties:
a. [RESERVED].
b. The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application, a material fact that makes the statements in its application not misleading.
c. The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.
d. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the Cover Page.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 19 of 24 ends

Exhibit D
e. Except as set forth in this paragraph, there are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project.
f. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.
g. The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. h. Any financial statements or other financial documentation of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.
i. The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
j. The Recipient has no conflicting or material obligations, except as set forth in this paragraph. k. The Recipient legally possesses all real property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least to the Records Retention End Date of this Agreement, except as set forth in this paragraph. l. The Recipient and its principals, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized.
m. The Recipient possesses all water rights necessary for this Project.

23. Federal SRF Requirements. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions for the Useful Life of the Project:
a. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit D
Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 2 of this Agreement in all construction contracts and subcontracts.
c. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
d. The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/ogd.
e. No Recipient may receive funding under this Agreement unless it has provided its DUNS number to the State Water Board.
f. [RESERVED]
g. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR.
h. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
i. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement.
j. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit D
k. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A.
l. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. m. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing.
n. The Recipient certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board.
iii. The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks disbursements under this Agreement.
o. The Recipient must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit D
p. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit D
q. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises as set forth in this Agreement. r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. u. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
v. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. w. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. x. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
y. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
z. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Page 24 of 24 ends

Exhibit D
disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
aa. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).

Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. bb. The Recipient certifies that no Project Funds will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or
iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.

Item No. 11.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Consideration of Conditional Use Permit (PRC 2020-049-C) and Tentative Parcel Map No. 2022-001
SOURCE: Community Development
BACKGROUND:

COMMENT: The City's Project Review Committee reviewed PRC 2020-049 for a proposed sixteen (16) unit multi-family development on a single 0.92± acre parcel located on the eastside of Indiana Street, south of Putnam Avenue in the RM-3 (High Density Residential) zone district.

The project includes a tentative parcel map proposing the division of an existing 0.92± acre parcel (APN 252-301-027) into four lots each of approximately 10,079 square feet. Parcels 1 and 2 lack street frontage; access from those parcels to Indiana Avenue would be provided via an easement through Parcels 3 and 4, accommodating ingress, egress, parking, and public utilities. The Porterville Development Ordinance addresses lot frontage requirements in Chapter 407.03(h)(4) Lot Frontage. The code section states, “Lots shall have a single frontage on a street; double frontage lots or lots without street frontage will not be permitted except where, in the opinion of the Parcel Map Committee or City Council, topographical or unusual physical conditions justify a deviation from this rule.” The Porterville Development Ordinance allows for the modification of the requirements and regulations set forth as it pertains to lot design, subject to the approval of Conditional Use Permit (CUP) as outlined in Section 400.05. In order for the project to comply with the provisions of this section, the City Council or Parcel Map Committee find the following facts with respect thereto:

1. There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this series provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

2. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

3. That the granting of the modification will not be detrimental to public welfare or injurious to other property in the territory in which such property is situated;
Item No. 11.

4. That the exception is appropriate for the proper design and/or function of the subdivision; and

5. That the granting of the exception is consistent with the General Plan.

The subject site is consistent with the General Plan Land Use Designation, RM-3 (High Density Residential) and Zoning Standards for RM-3 (Medium Density Residential) and the use of multi-family residential is a permitted use. The RM-3 zone district designation is intended for attached homes, two- to four-plexes, and apartment buildings with a maximum residential density of thirty (30) units per net acre. The proposed Tentative Parcel Map with a planned multi-family development would suit the purpose of the zone designation.

When considering approval of a tentative map, the Council must deny the map if any one or more of certain findings are made (PDO Section 400.04; Subdivision Map Act Section 66474):

1. That the proposed map is inconsistent with the applicable general and specific plans.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

3. That the site is not physically suitable for the type of development.

4. That the site is not physically suitable for the proposed density of the development.

5. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

ANALYSIS: The project meets the requirements outlined in Section 400.05 of the Porterville Development Ordinance. At its meeting on April 6, 2021, the Council provided direction that finding one of the five required findings for a CUP to vary regulations of a parcel map is considered to be met. In the case of the proposed project, “There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this series provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law” is met in regard to proposed parcel maps without street frontage. The proposed CUP complies with all of the required findings which include: that the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner; that the granting of the modification will not be detrimental to Item No. 11.
the public welfare or injurious to other property in the territory in which such property is situated; that the exception is appropriate for the proper design and/or function of the subdivision; and that the granting of the exception is consistent with the General Plan.

Similarly, none of the findings require denial of the map. Development of the site as proposed is consistent with the land use density prescribed by the General Plan and the project will provide needed housing to assist in implementation of the City’s General Plan Housing Element. The future multi-family development supports the general plan land use guiding policies to allow and encourage efficient infill development in existing neighborhoods. The site is flat and level and is of proportions appropriate to accommodate the density of development and the required improvements.

The site is largely surrounded by urban development and is regularly plowed for weed control and is thus not suitable as habitat. As future development of the site would consist of multifamily development compatible with the General Plan and Development Ordinance, it is not likely to result in public health problems. There are no public easements currently in place on the project site.

Using the Low-Rise Multifamily Housing Land Use Category from the Institute of Transportation Engineers Trip Generation Web-based App (ITETripGen v 6.0.1, 11th Edition date) and assuming a buildout of sixteen (16) dwellings, the project is expected to generate between forty (40) and 200 average daily trips, which can easily be accommodated by Indiana Street and the surrounding circulation network. The project falls within the San Joaquin Valley Air Pollution Control District’s Small Project Analysis Level criteria (fewer than 224 multifamily dwellings) and is thus considered to have a less-than-significant effect on air quality. The Public Works Department has outlined the improvement requirements for water, wastewater, storm drainage, and solid waste, and indicates that services are available. The draft Resolution outlines that any future development of property with a proposed multi-family development shall meet all requirements of the development Ordinance. The project is subject to the City’s noise Ordinance. The development would require recordation of an easement for ingress, egress, parking, and public utilities. The proposed CUP grants approval of the subdivision of existing property as it relates to lot design.

ENVIRONMENTAL
REVIEW:

On October 26, 2022, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects. The Class 32 exemption applies to projects that are within city limits on sites of less than five acres and where the project is consistent with the General Plan and zoning, all utilities and services are available, the site is unsuitable as habitat, and the project would not result in significant effects to traffic, noise, air quality, water quality.

Item No. 11.

RECOMMENDATION: That the City Council adopt the draft Resolution finding the proposal for a six unit multi-family development on a single

0.92± acre parcel located on the eastside of Indiana Street, south of Putnam Avenue in the RM-3 (High Density Residential) zone district exempt from CEQA and approving Conditional Use Permit (PRC 2020-049-C) and Tentative Parcel Map No. 2022- 001 subject to conditions of approval.

ATTACHMENTS: 1. Draft Resolution

2. Tentative Parcel Map

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

CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF CONDITIONAL USE PERMIT (PRC 2020-049-C) AND TENTATIVE PARCEL MAP NO. 2022-001,

AUTHORIZING THE DEVELOPMENT OF A RESIDENTIAL TENTATIVE PARCEL MAP PROPOSING LOTS WITHOUT STREET FRONTAGE.

WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of November 1, 2022, conducted a public hearing to consider Tentative Parcel Map No. 2022-001, which proposes to divide Assessor’s Parcel Number 252-301-027, containing a total of 0.92± acre (37,461.6 SF) lot, into four parcels:

Parcel 1 Parcel 2 Parcel 3 Parcel 4
10,079 SF 10,079SF 10,079 SF 10,079 SF
WHEREAS: Parcels 1 and 2 of the tentative parcel map do not have frontage on a public street, said frontage required pursuant to Porterville Development Ordinance (PDO) Section 407.03(h)(4); and
WHEREAS: PDO Section 400.05 provides an avenue by which the City Council, upon making findings, may vary the requirements required for land division applications by approval of a Conditional Use Permit; and
WHEREAS: At said public hearing on November 1, 2022, the City Council did consider a Conditional Use Permit (PRC 2020-049-C) to allow the approval of a residential tentative parcel map with lots without street frontage; and
WHEREAS: On October 26, 2022, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects, said preliminary determination based on the requisite criteria and substantiated in the record:

1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations;

2. The proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses;

3. The project site has no value as habitat for endangered, rare, or threatened species;

4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality;

5. The site can be adequately served by all required utilities and public services; and WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to said Conditional Use Permit and said Tentative Parcel Map; and WHEREAS: The City Council made the following findings pursuant to PDO Section 400.05, the evidence for said findings substantiated in the record:

Resolution No. ____-2022

Page 2 of 4 ends

1. There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this Series provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

2. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

3. That the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated;

4. That the exception is appropriate for the proper design and/or function of the subdivision; and

5. That the granting of the exception is consistent with the General Plan.

WHEREAS: The City Council made the following findings pursuant to PDO Section 400.04, the evidence for said findings substantiated in the record:

1. That the proposed map is consistent with the general plan.

2. That the design or improvement of the proposed subdivision is consistent with the general plan.

3. That the site is physically suitable for the type of development.

4. That the site is physically suitable for the proposed density of development.

5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

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

1. The project is exempt from CEQA pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects.

2. The Conditional Use Permit (PRC 2020-049-C) allowing for creation of lots without street frontage is hereby approved.

3. Tentative Parcel Map No. 2022-001 is hereby approved subject to the following conditions:
a. Tentative Parcel Map No. 2022-01 shall be valid for a period of 24 months from the date of its conditional approval. Extensions to this period may be requested pursuant to Section 66453.3 of the Subdivision Map Act. Prior to expiration of the tentative map, the subdivider may submit a final parcel map prepared in accordance with Chapter 2, Article 3 of the Subdivision Map Act by a California-licensed land surveyor or civil engineer qualified to perform such service.

Resolution No. ____-2022

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Porterville City CouncilNovember 1, 2022

Porterville City Council
November 1, 2022