Agenda packet — Porterville City Council, January 17, 2023 (part 1 of 2)

City Council Agenda January 17, 2023

Page 1 of 5 ends

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JANUARY 17, 2023, 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 January 17, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/85249296273?pwd=cDlHSVFOeFo0WHVNQnQybTRBSFdPQT09 Or via Telephone: 1-669-900-6833 Webinar ID: 852 4929 6273 Passcode: 020968 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Yuliana Andrade. Employee Organizations: Porterville City Firefighters Association.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Benjamin Bogle and Keri Curtis. Agency claimed against: City of Porterville. 3 - Government Code Section 54956.95 – Liability Claim: Claimant: Isabel Hernandez. Agency claimed against: City of Porterville.

4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Four (4) cases in which facts are not yet known to potential plaintiff.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case.

City Council Agenda January 17, 2023

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6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON

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

PRESENTATIONS

Veterans Homecoming
Police Department's Citizen Recognition Award
Employee Service Awards

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

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

1. Tulare County Task Force on Homelessness - December 21, 2022 - Canceled

2. Cannabis Ad Hoc Committee - December 26, 2022

3. Tulare Economic Development Corporation (TCEDC) Board - December 25, 2022 - Canceled

4. Police Department Badge Pinning Ceremony - January 3, 2023

4. Local Initiatives Navigation Center (LINC) Committee Meeting - January 4, 2023

6. Eastern Tule Groundwater Sustainability Agency (ETGSA) Board Meeting - January 5, 2023

7. Tule River Tribe Sesquicentennial Celebration - January 9, 2023

8. Tulare County Water Commission - January 9, 2023

9. Transit Forum - January 11, 2023

10. Porterville Homeless Services Meeting - January 11, 2023

11. CalVans Board - January 12, 2023

12. Tulare County Economic Development Corporation (TCEDC) Board - January 13, 2023

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

I. City Commission and Committee Meetings
City Council Agenda January 17, 2023

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1. Parks & Leisure Services Commission - January 5, 2023

2. Library & Literacy Commission - January 10, 2023

3. Arts Commission

4. Animal Control Commission - January 12, 2023

5. Youth Commission - January 11, 2023

6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - December 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 Repair Police Vehicles No. 3352 and No. 3389 Re: Consideration to authorize vehicle repair by Milinich Body Works at a cost not to exceed $46,674

2. Approval of Emergency Expenditure
Re: Consideration to authorize payment to Prime Towing & Transport, Inc. in the amount of $12,562.50.

3. Purchase of Fire Department/Code Enforcement Body-Worn Camera Re: Considering the purchase and installation of one additional body-worn camera and associated equipment, licenses, and cloud storage from Axon Enterprises, Inc., for the Fire Department's Code Enforcement Division, at a total cost of $11,452.94.

4. Authorization to Repair Transit Vehicle No. 8113
Re: Consideration to authorize repair of a transit vehicle by E.M. Tharp, Inc. at a cost not to exceed $24,173.

5. Authorization to Repair Transit Van No. 8123
Re: Consideration of approval for transit van collision repair by E.M. Tharp, Inc. at a cost not to exceed $9,827.

6. Authorization to Distribute a Request for Qualifications for Design Services - Parks Master Plan
Re: Consideration to authorize staff to distribute a Design Services Request for Qualifications for a Parks Master Plan.

7. Status Report - Developer Impact Fees
Re: Consider acceptance of the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2022.

8. Acceptance of Police K-9 Safety Equipment Grant
Re: Consideration to accept the Spirit of Blue Foundation Grant in the amount of $3,770.00.

9. Acceptance of Donation of Little Library by Milt Stowe City Council Agenda January 17, 2023

Page 4 of 5 ends

Re: Consideration of the council to accept the donation of the Little Library by Milt Stowe.

10. Amended Barn Theater Revocable License Agreement
Re: Consideration of proposed amendments to the current Revocable License Agreement between the City and the Barn Theatre.

11. Assignment of Airport Lease - Lot No. 34F
Re: Consideration to approve the Assignment of Lease for Lot No. 34F at the Porterville Municipal Airport from Steven Huth and Michael Quatacker to Michael Quatacker and Debbie Quatacker.

12. City Council Member Requested Agenda Item - Consider the Formation of a City Council Ad Hoc Committee to Annually Review the Implementation of the City's General Plan.

Re: Consider Council Member Weyhrauch's request to form a Council Ad Hoc Committee to annually review the implementation of the City's General Plan.

13. 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.

14. 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

PUBLIC HEARINGS

15. Zone Change from RM-3 (High Density Residential) to CG (General and Service Commercial) for Panaderia La Cosecha located at 23 North F Street Re: Consideration of a draft Ordinance approving a Zone Change from RM-3 (High-Density Residential) to CG (General and Service Commercial) for a 0.17± acre parcel located at 23 North "F" Street.

16. Villas at Sierra Meadows 4 & 5 Development Project
Re: Consideration to continue the Public Hearing scheduled to consider the entitlements for PRC 2020-48 - Villas at Sierra Meadows 4 & 5 Development Project generally located at the southwest corner of W. Gibbons Avenue and S. Jaye Street, to February 21, 2023.

SCHEDULED MATTERS

17. Consideration of Amendments to the City Council Procedural Handbook Re: Consideration of amendments to the City Council Procedural Handbook.

18. 2023 State Budget and Legislation Interests
Re: Council consideration of its State budget and legislative interests for the upcoming 2023 California legislative session.

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
City Council Agenda January 17, 2023

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

ADJOURNMENT - to the meeting of February 7, 2023, at 5:30 p.m.

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

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

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

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: 1. Water Conservation Phase IV Status Update - December 2022 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of October 1, 2022. The Water Conservation Plan applies to all municipal water users within or outside the city limits.

The Phase III plan limits outdoor watering to two days per week, with "odd" addresses allowed to water on Tuesday and Saturday and "even" addresses allowed to water on Wednesday and Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday, Thursday, or Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.

Effective October 1, 2022, the City transitioned to Phase IV of its Water Conservation Plan. The Phase IV plan limits outdoor watering to one day per week, with "odd" addresses allowed to water on Saturday and "even" addresses allowed to water on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday through Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for December 2022 show that ten (10) notices of violation were issued for water wasting, and fifteen (15) administrative citations were issued.

Water production for December 2022 reflects a six percent (6%) increase to the 5-year average. The monthly production for December was 189 million gallons, which is a three percent (3%) decrease compared to December 2013 at 194 million gallons. Residential consumption for December 2022 was 69 gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from June 2015 through December 2022. Porterville's cumulative total production conservation through December 2022 is twenty (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through December 2022. Porterville's cumulative total GPCD conservation through December 2022 is twenty-five percent (25%).

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City of Porterville Council approved maintaining a self-imposed standard of twenty-six percent (26%). The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a three percent (3%) decrease from December 2021 to December 2022. California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, 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). The City of Porterville's Water Conservation Plan Phase IV meets the requirements for this shortage (Level 2).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status December 2022

2. Monthly Production Status GPCD December 2022

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through December 2022 Production Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through December 2022 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.

As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING

MONDAY THROUGH
FRIDAY.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.

OR
Item No. 1.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Authorization to Repair Police Vehicles No. 3352 and No. 3389 SOURCE: Public Works
COMMENT: Police Patrol Vehicle No. 3352 was involved in a traffic collision where the other party was at fault, and Police Patrol Vehicle No. 3389 was involved in a traffic collision where the Officer was at fault. The staff attempted to obtain three estimates by having the estimators visit the Corporation Yard as the vehicles were not driveable. Only Milinich Body Works responded to the request for either vehicle. The other two repair shops were non-responsive.

The estimates for Vehicle No. 3352 are as follows:

Milinich Body Works $13,685
Porterville Collision Non-Respondent
Golden State Body Shop Non-Respondent
The estimates for Vehicle No. 3389 are as follows:

Milinich Body Works $28,747
Porterville Collision Non-Respondent
Golden State Body Shop Non-Respondent
Staff is requesting authorization to utilize Milinich Body Works to perform the repairs at an estimated cost not to exceed $46,675 (inclusive of all parts, taxes, and labor, including a 10% contingency). Funding for the repair of Vehicle No. 3352 will come from the Police Equipment Replacement Account. The City is seeking reimbursement from the at-fault party for this repair. Funding for Vehicle No. 3389 will come from the Police Vehicle Maintenance Account.

RECOMMENDATION: That the City Council:

1. Authorize the repair of Police vehicles No. 3352 and No. 3389 by Milinich Body Works at a cost not to exceed $46,675
(inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repairs upon satisfactory
completion.

ATTACHMENTS: 1. Milinich Body Works Estimate - Unit No. 3389

2. Milinich Body Works Estimate - Unit No. 3352
Item No. 1.

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
MILINICH BODY WORKS Workfile ID:

PartsShare:

Federal ID:

State EPA:

BAR:
689ade45
90-0787680
S412
ARD00279737
631 N SUNNYSIDE ST, [email protected],
PORTERVILLE, CA 93257
Phone: (559) 784-8827
FAX: (559) 784-2972
Preliminary Estimate
Customer: PORTERVILLE UNIT 3389, CITY OF Job Number:

Insured: PORTERVILLE UNIT 3389,

CITY OF
Policy #: Claim #:

Type of Loss: Date of Loss: Days to Repair: 0
Point of Impact: 12 Front
Owner: Inspection Location: Insurance Company:

PORTERVILLE UNIT 3389, CITY OF MILINICH BODY WORKS
631 N SUNNYSIDE ST
[email protected]
PORTERVILLE, CA 93257
Repair Facility
(559) 784-8827 Business

VEHICLE
2019 DODG Charger Police AWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK VIN: 2C3CDXKT7KH733120 Interior Color: Mileage In: Vehicle Out:

License: Exterior Color: BLACK Mileage Out:

State: Production Date: Condition: Good Job #:

TRANSMISSION CONVENIENCE AM Radio Cloth Seats
Automatic Transmission Air Conditioning FM Radio Bucket Seats 4 Wheel Drive Intermittent Wipers Stereo Reclining/Lounge Seats POWER Tilt Wheel Search/Seek WHEELS
Power Steering Cruise Control Auxiliary Audio Connection Styled Steel Wheels Power Brakes Rear Defogger SAFETY PAINT
Power Windows Keyless Entry Drivers Side Air Bag Clear Coat Paint Power Locks Message Center Passenger Air Bag OTHER
Power Mirrors Steering Wheel Touch Controls Anti-Lock Brakes (4) Traction Control Power Driver Seat Telescopic Wheel 4 Wheel Disc Brakes Stability Control DECOR Climate Control Front Side Impact Air Bags California Emissions Dual Mirrors Backup Camera Head/Curtain Air Bags Power Trunk/Liftgate Tinted Glass Parking Sensors Hands Free Device
Overhead Console RADIO SEATS
9/28/2022 11:00:49 AM 018906 Page 1
6YnPS9
Preliminary Estimate
Customer: PORTERVILLE UNIT 3389, CITY OF Job Number:
2019 DODG Charger Police AWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK Line Oper Description Part Number Qty Extended
Price $
Labor Paint
1 RESTRAINT SYSTEMS
2 Repl Psngr air bag 68282914AD 1 666.00 m 0.5 0.0
3 Repl Driver air bag w/SRT logo 6RS501VXAB 1 1,135.00 m 0.4 0.0 4 Repl Knee air bag 5057792AH 1 334.00 m 0.6 0.0
5 Repl RT Ft impact sensor 56054085AA 1 209.00 m 0.3 0.0 6 Repl LT Ft impact sensor 56054085AA 1 209.00 m 0.3 0.0 7 Repl RT Position sensor 56054036AB 1 22.25 m 0.4 0.0
8 Air bag system diagnosis 0 0.00 m 0.5 0.0
9 Repl LT Position sensor 56054036AB 1 22.25 m 0.4 0.0
10 Repl Control module w/police 68371749AA 1 355.00 m 0.6 0.0 11 Repl RT Retractor assy black 1HZ06DX9AI 1 313.00 0.7 0.0 12 Repl RT Adjuster 68080745AD 1 53.20 0.2 0.0
13 Repl RT Buckle end black 6MS001X9AA 1 224.00 0.2 0.0 14 Repl LT Retractor assy black 1HZ05DX9AI 1 306.00 0.7 0.0 15 Repl LT Adjuster 68080745AD 1 53.20 0.2 0.0
16 Repl LT Buckle end black 6MS011X9AA 1 211.00 0.2 0.0 17 FRONT BUMPER & GRILLE
18 O/H front bumper 0 0.00 3.4 0.0
19 Repl Bumper cover 68267765AC 1 780.00 Incl. 3.4
20 Add for Clear Coat 0 0.00 0.0 1.4
21 Repl Bumper cover screw 6507610AA 6 25.20 0.0 0.0
22 Repl Closure panel 68226530AF 1 189.00 Incl. 0.0
23 Repl RT Support inner 68226532AA 1 33.20 Incl. 0.0
24 Repl LT Support inner 68226533AA 1 33.20 Incl. 0.0
25 Repl RT Support outer 68213539AC 1 9.45 Incl. 0.0
26 Repl LT Support outer 68213538AC 1 9.45 Incl. 0.0
27 Repl RT Bumper bracket 68226544AB 1 33.20 0.1 0.0
28 Repl LT Bumper bracket 68226545AB 1 33.20 0.1 0.0
29 Repl Energy absorber 68214783AA 1 108.00 Incl. 0.0
30 Repl Impact bar (UHS) 68100209AF 1 366.00 0.7 0.0
31 Repl Lower grille w/o adaptive cruise 68214782AB 1 117.00 Incl. 0.0 32 Repl Bezel 68238710AA 1 38.75 Incl. 0.0
33 Repl RT Air duct 68214812AA 1 53.20 0.0 0.0
34 Repl LT Air duct 68214813AA 1 53.20 0.0 0.0
35 Repl License bracket type 1 68202631AB 1 55.00 0.1 0.0 36 Repl Upper grille black crossbars 5PP33DX8AB 1 388.00 Incl. 0.0 37 Repl Nameplate "DODGE" black 68227437AA 1 76.90 0.1 0.0 38 FRONT LAMPS
39 Repl RT Headlamp assy halogen 68541680AA 1 789.00 0.4 0.0 40 Aim headlamps 0 0.00 0.5 0.0
41 Repl LT Headlamp assy halogen 68541681AA 1 998.00 0.4 0.0 42 Repl RT Side marker lamp 68214404AA 1 42.25 0.2 0.0
9/28/2022 11:00:49 AM 018906 Page 2
Preliminary Estimate
Customer: PORTERVILLE UNIT 3389, CITY OF Job Number:
2019 DODG Charger Police AWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK 43 Repl LT Side marker lamp 68214405AA 1 42.25 0.2 0.0
44 RADIATOR SUPPORT
45 Repl Radiator support 68200478AC 1 331.00 1.0 1.0
46 Repl RT Support bracket 68249076AA 1 9.45 0.1 0.0
47 Repl LT Support bracket 68249077AA 1 9.45 0.1 0.0
48 Repl RT Air guide 1-piece guide all 68212036AB 1 25.75 0.1 0.0 49 Repl LT Air guide 1-piece guide all 68212037AB 1 25.75 0.1 0.0 open Repl RT Air guide 2-piece guide, upper

5.7, 6.4 liter
68085804AA 1 64.25 0.1 0.0
open Repl LT Air guide 2-piece guide, upper

5.7, 6.4 liter
68085805AA 1 64.25 0.1 0.0
52 Repl RT Air guide 2-piece guide, lower

5.7, 6.4 liter
68202656AB 1 22.20 0.1 0.0
53 Repl LT Air guide 2-piece guide, lower

5.7, 6.4 liter
68202657AB 1 22.20 0.1 0.0
54 Repl RT Air guide clip 6512752AA 3 3.75 0.0 0.0
55 Repl LT Air guide clip 6512752AA 3 3.75 0.0 0.0
56 Repl Crossmember 5065240AH 1 301.00 0.5 0.0
open Repl RT Sight shield NOT LISTED 1 0.00 0.1 0.0
open Repl LT Sight shield NOT LISTED 1 0.00 0.1 0.0
59 Repl RT Mount bracket 5065532AC 1 14.90 0.5 0.3
60 Add for Clear Coat 0 0.00 0.0 0.1
61 Repl LT Mount bracket 5065533AC 1 14.90 0.5 0.3
62 Add for Clear Coat 0 0.00 0.0 0.1
63 Repl Access cover 68240582AB 1 33.20 0.0 0.0
64 Repl Front shield w/police 68231862AA 1 263.00 0.4 0.0 65 Repl Front shield pin 68331806AA 6 34.80 0.0 0.0
66 Repl Splash shield AWD w/police 4806075AB 1 109.00 0.2 0.0 67 COOLING
68 Repl Radiator 68050126AB 1 572.00 m 2.3 0.0
69 Deduct for Overlap 0 0.00 -0.5 0.0
70 Repl RT Upper insulator 4596474AD 1 25.75 0.0 0.0
71 Repl LT Upper insulator 4596474AD 1 25.75 0.0 0.0
72 Repl RT Lower insulator 68017994AA 1 22.20 0.0 0.0
73 Repl LT Lower insulator 68017994AA 1 22.20 0.0 0.0
74 Repl RT Side seal 68026556AA 1 54.95 0.0 0.0
75 Repl LT Side seal 68026556AA 1 54.95 0.0 0.0
76 Repl Upper seal 68050130AB 1 76.95 0.0 0.0
77 Repl Lower seal 68050130AB 1 76.95 0.0 0.0
78 Repl Reservoir 55111260AF 1 123.00 m 0.4 0.0
79 ** Repl A/M RT Fan blade 5137713AA 1 554.00 m 0.1 0.0 80 AIR CONDITIONER & HEATER
81 ** Repl A/M Condenser assy 68085784AA 1 259.05 m 1.5 0.0 82 Deduct for Overlap 0 0.00 -1.0 0.0
83 HOOD
84 Repl Hood (ALU) 68265445AB 1 1,225.00 1.5 3.0
9/28/2022 11:00:49 AM 018906 Page 3
Preliminary Estimate
Customer: PORTERVILLE UNIT 3389, CITY OF Job Number:
2019 DODG Charger Police AWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK 85 Add for Clear Coat 0 0.00 0.0 1.2
86 Add for Underside(Complete) 0 0.00 0.0 1.5
87 Add for Clear Coat 0 0.00 0.0 0.3
88 Repl RT Hinge 55113550AG 1 86.20 0.3 0.5
89 Overlap Minor Panel 0 0.00 0.0 -0.2
90 Repl LT Hinge 55113551AG 1 86.20 0.3 0.5
91 Overlap Minor Panel 0 0.00 0.0 -0.2
92 Repl Latch w/o remote start 55113787AB 1 93.55 0.4 0.0 93 Repl Front w'strip 68040220AC 1 42.25 Incl. 0.0
94 FENDER
95 Repl LT Fender 68213061AC 1 354.00 1.6 2.0
96 Overlap Major Adj. Panel 0 0.00 0.0 -0.4
97 Add for Clear Coat 0 0.00 0.0 0.3
98 Add for Edging 0 0.00 0.0 0.5
99 Add for Clear Coat 0 0.00 0.0 0.1
100 Repl RT Fender liner 3.6, 5.7 liter 68205936AH 1 134.00 Incl. 0.0 101 Repl LT Fender liner 3.6, 5.7 liter 68205937AH 1 134.00 Incl. 0.0 102 Repl RT Fender 68213060AC 1 354.00 1.6 2.0
103 Overlap Major Adj. Panel 0 0.00 0.0 -0.4
104 Add for Clear Coat 0 0.00 0.0 0.3
105 Add for Edging 0 0.00 0.0 0.5
106 Add for Clear Coat 0 0.00 0.0 0.1
107 Repl RT Upper rail (HSS) 68043926AD 1 308.00 s 3.5 0.8 108 Overlap Minor Panel 0 0.00 0.0 -0.2
109 Repl LT Upper rail (HSS) 68043927AD 1 336.00 s 3.5 0.8 110 Overlap Minor Panel 0 0.00 0.0 -0.2
111 Repl RT Upper inner rail (HSS) 68037592AA 1 336.00 s 3.0 0.8 112 Overlap Minor Panel 0 0.00 0.0 -0.2
113 Repl LT Upper inner rail (HSS) 68037593AA 1 336.00 s 3.0 0.8 114 Overlap Minor Panel 0 0.00 0.0 -0.2
115 Repl RT Rail assy (HSS) 68504488AA 1 797.00 s 10.4 1.5 116 Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2
117 * Rpr LT Rail assy (HSS) 0 0.00 s 5.0 1.5
118 Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2
119 Repl LT Bumper bracket 5065269AC 1 69.70 s 0.8 0.3
120 Add for Clear Coat 0 0.00 0.0 0.1
121 # FRAME SET-UP 1 0.00 2.0 F 0.0
122 # FRAME PULL 1 0.00 2.0 F 0.0
123 # FRONT WHEEL ALIGNMENT 1 65.00 X 0.0 0.0
124 # COVER CAR 1 5.00 X 0.3 0.0
125 # CORROSION PROTECTION 1 6.00 0.2 0.0
126 # SEAM SEALER 1 10.00 0.0 0.0
127 # ADD FOR FLEX ADDITIVE 1 6.00 0.0 0.0
128 INSTRUMENT PANEL
129 Repl Instrument panel w/o column 6DE36DX9AF 1 2,360.00 6.8 0.0 9/28/2022 11:00:49 AM 018906 Page 4
Preliminary Estimate
Customer: PORTERVILLE UNIT 3389, CITY OF Job Number:
2019 DODG Charger Police AWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK shift
130 WINDSHIELD
131 Repl Windshield Dodge w/o rain
sensor, w/humidity sensor
68269875AA 1 772.00 3.5 0.0
SUBTOTALS 19,522.60 69.0 23.6

ESTIMATE TOTALS
Category Basis Rate Cost $
Parts 19,452.60
Body Labor 65.0 hrs @ $ 70.00 /hr 4,550.00
Paint Labor 23.6 hrs @ $ 70.00 /hr 1,652.00
Frame Labor 4.0 hrs @ $ 80.00 /hr 320.00
Paint Supplies 23.6 hrs @ $ 35.00 /hr 826.00
Miscellaneous 70.00
Subtotal 26,870.60
Sales Tax $ 20,278.60 @ 9.2500 % 1,875.77
Grand Total 28,746.37
Deductible 0.00
CUSTOMER PAY 0.00
INSURANCE PAY 28,746.37

THIS DAMAGE IS BASED ON OUR INSPECTION AND DOES NOT COVER ANY ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK IS OPENED UP. OCCASIONALLY AFTER THE WORK HAS STARTED, WORN OR DAMAGED PARTS ARE DISCOVERED WHICH ARE NOT EVIDENT ON FIRST INSPECTION. 9/28/2022 11:00:49 AM 018906 Page 5
Preliminary Estimate
Customer: PORTERVILLE UNIT 3389, CITY OF Job Number:
2019 DODG Charger Police AWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide DR3PB11, CCC Data Date 09/16/2022, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source.

Tilde sign (~) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries.

Some 2023 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership.

The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced:

SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.

X=Miscellaneous Non-Taxed charge category.

SYMBOLS FOLLOWING LABOR:

D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.

M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories.

OTHER SYMBOLS AND ABBREVIATIONS:

Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel.

CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel.

HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part. O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace.

R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel.

Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.

CCC ONE Estimating - A product of CCC Intelligent Services Inc.

The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE:

BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 9/28/2022 11:00:49 AM 018906 Page 6
Preliminary Estimate
Customer: PORTERVILLE UNIT 3389, CITY OF Job Number:
2019 DODG Charger Police AWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK

PARTS SUPPLIER LIST
Line Supplier Description Price
79 1-800-Radiator #1700150UA $ 554.00
1036 N. MARCIN STREET A/M RT Fan blade
VISALIA CA 93291 Quote: 31108362
(559) 734-4004 Expires: 10/11/22
81 Keystone #CND3948 $ 259.05
3131 SOUTH NORTH POINT DRIVE, #103 A/M Condenser assy
FRESNO CA 93725 Quote: 1428902051
(559) 268-8146 Expires: 11/11/22
9/28/2022 11:00:49 AM 018906 Page 7
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MILINICH BODY WORKS Workfile ID:

PartsShare:

Federal ID:

State EPA:

BAR:
36c1eaff
90-0787680
S412
ARD00279737
631 N SUNNYSIDE ST, [email protected],
PORTERVILLE, CA 93257
Phone: (559) 784-8827
FAX: (559) 784-2972
Preliminary Estimate
Customer: PORTERVILLE UNIT 3352, CITY OF Job Number:

Insured: PORTERVILLE UNIT 3352,

CITY OF
Policy #: Claim #:

Type of Loss: Date of Loss: Days to Repair: 0
Point of Impact: 01 Right Front
Owner: Inspection Location: Insurance Company:

PORTERVILLE UNIT 3352, CITY OF MILINICH BODY WORKS
631 N SUNNYSIDE ST
[email protected]
PORTERVILLE, CA 93257
Repair Facility
(559) 784-8827 Business

VEHICLE
2016 DODG Charger Police RWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK VIN: 2C3CDXAT2GH356284 Interior Color: Mileage In: Vehicle Out:

License: Exterior Color: BLACK Mileage Out:

State: Production Date: Condition: Good Job #:

TRANSMISSION CONVENIENCE FM Radio Cloth Seats
Automatic Transmission Air Conditioning Stereo Bucket Seats POWER Intermittent Wipers Search/Seek Reclining/Lounge Seats Power Steering Tilt Wheel Auxiliary Audio Connection WHEELS Power Brakes Cruise Control SAFETY Styled Steel Wheels
Power Windows Rear Defogger Drivers Side Air Bag PAINT
Power Locks Keyless Entry Passenger Air Bag Clear Coat Paint Power Mirrors Message Center Anti-Lock Brakes (4) OTHER Power Driver Seat Steering Wheel Touch Controls 4 Wheel Disc Brakes Traction Control DECOR Telescopic Wheel Front Side Impact Air Bags Stability Control Dual Mirrors Climate Control Head/Curtain Air Bags California Emissions Tinted Glass RADIO Hands Free Device Power Trunk/Liftgate Overhead Console AM Radio SEATS
9/28/2022 11:00:18 AM 018906 Page 1
6YqS7L
Preliminary Estimate
Customer: PORTERVILLE UNIT 3352, CITY OF Job Number:
2016 DODG Charger Police RWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK Line Oper Description Part Number Qty Extended
Price $
Labor Paint
1 WINDSHIELD
2 Repl Washer reservoir 68125524AA 1 124.00 0.4 0.0
3 Repl Reservoir cap 5189351AA 1 20.50 0.0 0.0
4 Repl Washer pump 5139113AA 1 135.00 Incl. 0.0
5 Repl Washer pump grommet 5102254AA 1 13.05 0.0 0.0
6 Repl Level sensor 5152029AB 1 5.35 0.2 0.0
7 Repl Level sensor grommet 5152031AA 1 12.30 0.0 0.0
8 FRONT BUMPER & GRILLE
9 O/H front bumper 0 0.00 3.4 0.0
10 Repl Bumper cover 68267765AC 1 780.00 Incl. 3.4
11 Add for Clear Coat 0 0.00 0.0 1.4
12 Repl Closure panel 68226530AF 1 189.00 Incl. 0.0
13 Repl RT Support inner 68226532AA 1 33.20 Incl. 0.0
14 Repl RT Support outer 68213539AC 1 9.45 Incl. 0.0
15 Repl RT Bumper bracket 68226544AB 1 33.20 0.1 0.0
16 Repl RT Air duct 68214812AA 1 53.20 0.0 0.0
17 FRONT LAMPS
18 Repl RT Headlamp assy halogen 68294430AH 1 1,150.00 0.4 0.0 19 Aim headlamps 0 0.00 0.5 0.0
20 Repl RT Side marker lamp 68214404AA 1 42.25 0.2 0.0
21 RADIATOR SUPPORT
22 Repl RT Support bracket 68249076AA 1 9.45 0.1 0.0
23 Repl RT Mount bracket 5065532AC 1 14.90 0.5 0.3
24 Add for Clear Coat 0 0.00 0.0 0.1
25 FENDER
26 Repl RT Fender 68213060AC 1 354.00 Incl. 2.0
27 Add for Clear Coat 0 0.00 0.0 0.8
28 Add for Edging 0 0.00 0.0 0.5
29 Add for Clear Coat 0 0.00 0.0 0.1
30 Repl RT Seal 68213648AA 1 14.90 Incl. 0.0
31 Repl RT Insulator 68043210AD 1 13.05 Incl. 0.0
32 Repl RT Fender liner 3.6, 5.7 liter 68205936AH 1 134.00 Incl. 0.0 33 Repl RT Apron assy from 03/2014
(HSS)
68444164AA 1 176.00 s 7.0 1.5
34 Repl RT Upper rail (HSS) 68043926AD 1 308.00 s Incl. 0.8 35 Overlap Minor Panel 0 0.00 0.0 -0.2
36 Repl RT Upper inner rail (HSS) 68037592AA 1 336.00 s Incl. 0.8 37 Overlap Minor Panel 0 0.00 0.0 -0.2
38 Repl RT Torque box (HSS) 68250516AA 1 46.05 s 1.0 0.3 39 Add for Clear Coat 0 0.00 0.0 0.1
40 Repl RT Rail assy (HSS) 68504488AA 1 797.00 s 10.4 1.5 41 Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2
42 Deduct for Overlap 0 0.00 -2.5 0.0
9/28/2022 11:00:18 AM 018906 Page 2
Preliminary Estimate
Customer: PORTERVILLE UNIT 3352, CITY OF Job Number:
2016 DODG Charger Police RWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK 43 Repl RT Rail extn (HSS) 68043924AA 1 42.25 s 2.1 0.3 44 Add for Clear Coat 0 0.00 0.0 0.1
45 Repl RT Rail reinf (HSS) 5112076AB 1 126.00 s 1.8 0.3 46 Add for Clear Coat 0 0.00 0.0 0.1
47 Repl RT Inner rail (HSS) 68230360AC 1 293.00 s Incl. 0.5 48 Overlap Minor Panel 0 0.00 0.0 -0.2
49 HOOD
50 * Rpr Hood (ALU) 0 0.00 1.0 3.0
51 Overlap Major Adj. Panel 0 0.00 0.0 -0.4
52 Add for Clear Coat 0 0.00 0.0 0.5
53 PILLARS, ROCKER & FLOOR
54 Sect RT Aperture panel lower hinge
pillar
68265440AG 1 730.00 s 5.0 1.2
55 Overlap Major Adj. Panel 0 0.00 0.0 -0.4
56 Add for Clear Coat 0 0.00 0.0 0.2
57 FRONT DOOR
58 * Repl USED RT door assy +25% 68268054AC 1 1,093.75 2.1 3.1 59 Overlap Major Adj. Panel 0 0.00 0.0 -0.4
60 Add for Clear Coat 0 0.00 0.0 0.5
61 RT Clean, lube & adjust window
& latch
0 0.00 0.2 0.0
62 Refn exterior surface 0 0.00 0.0 2.1
63 Repl RT Door w'strip 68040044AJ 1 145.00 0.4 0.0
64 Repl RT Front w'strip 68040048AC 1 42.25 0.2 0.0
65 Repl RT Lower w'strip 68040042AB 1 16.80 0.2 0.0
66 Repl RT Applique 57010426AE 1 114.00 0.2 0.0
67 Repl RT Frame molding 57010504AM 1 117.00 0.3 0.0
68 R&I RT Power mirror w/o heat, w/o
memory, w/o blind spot blue
0 0.00 0.5 0.0
69 R&I RT Door glass Dodge 0 0.00 0.6 0.0
70 R&I RT Handle, outside black 0 0.00 0.4 0.0
71 R&I RT R&I trim panel 0 0.00 0.5 0.0
72 R&I RT Window regulator 0 0.00 0.0 0.0
73 * R&I RT Run channel 0 0.00 0.3 0.0
74 # COVER CAR 1 5.00 X 0.3 0.0
75 # HAZARDOUS WASTE REMOVAL 1 3.00 X 0.0 0.0
76 # FRAME SET-UP 1 0.00 2.0 F 0.0
77 # FRAME PULL 1 0.00 1.5 F 0.0
78 # CORROSION PROTECTION 1 6.00 0.2 0.0
79 # SEAM SEALER 1 10.00 0.0 0.0
80 # ADD FOR FLEX ADDITIVE 1 6.00 0.0 0.0
SUBTOTALS 7,553.90 41.5 23.5
9/28/2022 11:00:18 AM 018906 Page 3
Preliminary Estimate
Customer: PORTERVILLE UNIT 3352, CITY OF Job Number:
2016 DODG Charger Police RWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK

ESTIMATE TOTALS
Category Basis Rate Cost $
Parts 7,545.90
Body Labor 38.0 hrs @ $ 70.00 /hr 2,660.00
Paint Labor 23.5 hrs @ $ 70.00 /hr 1,645.00
Frame Labor 3.5 hrs @ $ 80.00 /hr 280.00
Paint Supplies 23.5 hrs @ $ 33.00 /hr 775.50
Miscellaneous 8.00
Subtotal 12,914.40
Sales Tax $ 8,321.40 @ 9.2500 % 769.73
Grand Total 13,684.13
Deductible 0.00
CUSTOMER PAY 0.00
INSURANCE PAY 13,684.13

THIS DAMAGE IS BASED ON OUR INSPECTION AND DOES NOT COVER ANY ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK IS OPENED UP. OCCASIONALLY AFTER THE WORK HAS STARTED, WORN OR DAMAGED PARTS ARE DISCOVERED WHICH ARE NOT EVIDENT ON FIRST INSPECTION. 9/28/2022 11:00:18 AM 018906 Page 4
Preliminary Estimate
Customer: PORTERVILLE UNIT 3352, CITY OF Job Number:
2016 DODG Charger Police RWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide DR3PB11, CCC Data Date 09/16/2022, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source.

The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced:

SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.

X=Miscellaneous Non-Taxed charge category.

SYMBOLS FOLLOWING LABOR:

D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.

M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories.

OTHER SYMBOLS AND ABBREVIATIONS:

Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel.

CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel.

R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel.

Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.

CCC ONE Estimating - A product of CCC Intelligent Services Inc.

The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE:

BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 9/28/2022 11:00:18 AM 018906 Page 5
Preliminary Estimate
Customer: PORTERVILLE UNIT 3352, CITY OF Job Number:
2016 DODG Charger Police RWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI BLACK

PARTS SUPPLIER LIST
Line Supplier Description Price
58 LKQ Corp #~327269277 $ 875.00
4646 S. Chestnut #105 USED RT door assy +25%
Fresno CA 93725 Door Assembly, Front R.,S#$K1101
(559) 268-5500 Quote: 1429601175
Expires: 11/11/22
9/28/2022 11:00:18 AM 018906 Page 6
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Item No. 2.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Approval of Emergency Expenditure
SOURCE: Police
COMMENT: On October 24, 2022, a City refuse truck was involved in a traffic collision at East Orange Avenue and South "A" Street. The Porterville Police Department responded to the scene to conduct the investigation. As part of the investigation, the refuse truck was towed by Prime Towing & Transport, Inc. to the city of Tulare to have a mechanical inspection conducted by the California Highway Patrol. The vehicle inspection was conducted and the vehicle was released back to the City on October 28, 2022.

The use of Prime Towing & Transport, Inc. specialized equipment was necessary due to the ability to accommodate large vehicles such as the refuse truck. Prime Towing & Transport, Inc. impound invoice is attached. Funds are available in the Risk Management fund for payment.

RECOMMENDATION: That the City Council authorize payment to Prime Towing & Transport, Inc. in the amount of $12,562.50.

ATTACHMENTS: 1. Prime Towing & Transport, Inc. Invoice
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 3.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Purchase of Fire Department/Code Enforcement Body-Worn Camera SOURCE: Fire
COMMENT: At its meeting on November 17, 2020, the City Council approved the Fire Department's request for the acquisition of body-worn cameras for the City's Code Enforcement Officers and the Fire Marshal for their daily interactions with residents and for use in Fire Investigation activities. The expectation was that the cameras would provide more detailed documentation of the sites visited and the interactions of these personnel with the public. This equipment is an invaluable tool for Officers’ interaction with residents and documenting violations.

In 2016, the Porterville Police Department staff conducted extensive research and determined that while several companies offered comparable body-worn cameras, Taser, Inc., which is now Axon Enterprises Inc., was the only vendor which offered a complete system that provided the required options needed by the Department.

At its meeting on May 8, 2021, the Council approved the Police Department's request for the renewal of the contract with Axon Enterprises Inc. (Taser Inc.) for a ten (10) year period. Additionally, the Police Department has an “Axon Certified Specialist” on staff that may assist with training and troubleshooting if issues arise.

Axon Enterprises Inc., (Taser, Inc.) includes unlimited storage of body-worn camera video through a proven “cloud-based” storage system known as Evidence.com. Through its Evidence.com website, Axon Enterprises, Inc. offers a fully integrated cloud storage and retrieval system. This system offers significant benefits to the Department from video management, storage redundancy, security, and ease of use standpoints. The Evidence.com integrated system is well known for its ease of use with regard to uploading, storage, and upkeep of important digital evidence collection. This also includes an application for smartphones and tablets to assist in collection of evidence by allowing a link to be sent directly, which allows for direct upload of photos and videos to the cloud-based storage by both victims and witnesses. For the aforementioned reasons, the Axon body-worn camera coupled with their Evidence.com cloud-based storage, Axon Enterprises Inc. fully meets the Fire Department's needs.

With the addition of new full-time positions, the Code Enforcement Division has realized the need to add an additional camera for daily use by staff. A quote Item No. 3.
was received from Axon Enterprises Inc. for the purchase of one body-worn camera at a total cost over the remaining life of the contract of $11,452.94. The quote includes necessary infrastructure equipment required to recharge the body-worn camera batteries, as well as upload video data from the body-worn cameras to cloud storage, and also includes the necessary Administration licenses, and technical support (see attached Axon Enterprises Inc. Quotation # Q-439444-44900.913KP for specific details). Below is a summary of the contract and pricing:

The first year, the Fire Department would pay $2,807.04. This would include:
• AB3 Camera Bundle
• USB-C to USB-A Cable for AB3 or Flex 2
• Wing Clip Mount, Axon Rapidlock
• North American Power Cord for AB3 & T7 1-Bay Dock/Datatport • AB3 1-Bay Dock Bundle
• BWC Unlimited with TAP 10YR
• Unlimited Evidence.com TAP Bundle
Then an additional $1,080.73 for the remaining contract term, through June 2030. Which would cover:
• The license for the Axon Body Camera
• Unlimited Storage (BWC Unlimited with TAP 10YR)
• Replacement camera every 2.5 years
The Fire Department requests Council authorization to enter into a contract with Axon Enterprises Inc. in accordance with the City’s Purchasing Policy & Procedure Manual. This contract will be for the remaining term of the Porterville Police Department contract. Funding for this purchase will be from Fire Department funds.

RECOMMENDATION: That the City Council:

1. Authorize staff to enter into a contract with Axon Enterprises Inc. for the purchase of one body-worn camera and equipment, one docking station, one Administration license, unlimited cloud storage and associated installation hardware and technical support for a total of $11,452.94;

2. Authorize payment(s) to Axon Enterprises Inc. per contract; and

3. Authorize staff to negotiate contract renewal for services upon the current contract’s expiration.

ATTACHMENTS: 1. Axon Enterprise, Inc. Quote
Appropriated/Funded:

Item No. 3.

Review By:

Department Director:

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

Page 1 ends

Q-439444-44900.913KP
Issued: 12/05/2022
Quote Expiration: 12/15/2022
Estimated Contract Start Date: 01/15/2023
Account Number: 148556
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
350 N D St Porterville Police Dept. - CA Kyle Panasewicz Arelli Adams 350 N D St 291 N Main St Phone: +1 4803294734 Phone: 559-782-7526 Porterville, CA 93257-3651 Porterville, CA 93257-3737 Email: [email protected] Email: [email protected] USA USA Fax: (480) 905-2071 Fax:

Email:

Quote Summary Discount Summary
Program Length 101.5333 Months Average Savings Per Year $21.09 TOTAL COST $10,970.27
ESTIMATED TOTAL W/ TAX $11,452.94 TOTAL SAVINGS $2,140.98 Payment Summary
Date Subtotal Tax Total
Dec 2022 $2,623.49 $183.55 $2,807.04
Jun 2023 $1,043.34 $37.39 $1,080.73
Jun 2024 $1,043.34 $37.39 $1,080.73
Jun 2025 $1,043.34 $37.39 $1,080.73
Jun 2026 $1,043.34 $37.39 $1,080.73
Jun 2027 $1,043.34 $37.39 $1,080.73
Jun 2028 $1,043.34 $37.39 $1,080.73
Jun 2029 $1,043.34 $37.39 $1,080.73
Jun 2030 $1,043.40 $37.39 $1,080.79
Total $10,970.27 $482.67 $11,452.94
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Page 2 ends

Quote Unbundled Price: $13,111.25
Quote List Price: $10,970.27
Quote Subtotal: $10,970.27
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
73843 UNLIMITED EVIDENCE.COM TAP BUNDLE TRUE UP
PAYMENT YEAR 1
1 19 $35.85 $35.85 $681.15 $63.01 $744.16
BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 102 $113.05 $92.06 $92.06 $9,390.12 $336.51 $9,726.63 A la Carte Hardware
AB31BD AB3 1-Bay Dock Bundle 1 $200.00 $200.00 $200.00 $18.50 $218.50 AB3C AB3 Camera Bundle 1 $699.00 $699.00 $699.00 $64.65 $763.65 Total $10,970.27 $482.67 $11,452.94

Page 3 ends

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB3 1-Bay Dock Bundle 71104 NORTH AMER POWER CORD FOR AB3 & T7 1-BAY DOCK/DATAPORT 1 12/15/2022 AB3 1-Bay Dock Bundle 74211 AXON BODY 3 - 1 BAY DOCK 1 12/15/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 2 12/15/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 1 12/15/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 2 12/15/2022 BWC Unlimited with TAP 10YR 73309 AXON CAMERA REFRESH ONE 1 06/15/2025 BWC Unlimited with TAP 10YR 73313 1-BAY DOCK AXON CAMERA REFRESH ONE 1 06/15/2025 BWC Unlimited with TAP 10YR 73310 AXON CAMERA REFRESH TWO 1 12/15/2028 BWC Unlimited with TAP 10YR 73314 1-BAY DOCK AXON CAMERA REFRESH TWO 1 12/15/2028 BWC Unlimited with TAP 10YR 73317 1-BAY DOCK AXON CAMERA REFRESH THREE 1 06/15/2030 BWC Unlimited with TAP 10YR 73345 AXON CAMERA REFRESH THREE 1 06/15/2030 BWC Unlimited with TAP 10YR 73318 1-BAY DOCK AXON CAMERA REFRESH FOUR 1 06/01/2031 BWC Unlimited with TAP 10YR 73346 AXON CAMERA REFRESH FOUR 1 06/01/2031 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 10YR 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 1 01/15/2023 06/30/2031 BWC Unlimited with TAP 10YR 73746 PROFESSIONAL EVIDENCE.COM LICENSE 1 01/15/2023 06/30/2031 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 10YR 80464 EXT WARRANTY, CAMERA (TAP) 1 12/15/2023 06/30/2031 BWC Unlimited with TAP 10YR 80466 EXT WARRANTY, SINGLE-BAY DOCK (TAP) 1 12/15/2023 06/30/2031

Page 4 ends

Payment Details
Dec 2022
Invoice Plan Item Description Qty Subtotal Tax Total
True Up 73843 UNLIMITED EVIDENCE.COM TAP BUNDLE TRUE UP PAYMENT YEAR 1 1 $681.15 $63.01 $744.16 True Up AB31BD AB3 1-Bay Dock Bundle 1 $200.00 $18.50 $218.50 True Up AB3C AB3 Camera Bundle 1 $699.00 $64.65 $763.65 Year 1 BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 $1,043.34 $37.39 $1,080.73 Total $2,623.49 $183.55 $2,807.04
Jun 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 $1,043.34 $37.39 $1,080.73 Total $1,043.34 $37.39 $1,080.73
Jun 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 $1,043.34 $37.39 $1,080.73 Total $1,043.34 $37.39 $1,080.73
Jun 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 $1,043.34 $37.39 $1,080.73 Total $1,043.34 $37.39 $1,080.73
Jun 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 $1,043.34 $37.39 $1,080.73 Total $1,043.34 $37.39 $1,080.73
Jun 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 6 BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 $1,043.34 $37.39 $1,080.73 Total $1,043.34 $37.39 $1,080.73
Jun 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7 BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 $1,043.34 $37.39 $1,080.73 Total $1,043.34 $37.39 $1,080.73

Page 5 ends

Jun 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 $1,043.34 $37.39 $1,080.73 Total $1,043.34 $37.39 $1,080.73
Jun 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9 BWCUwTAP10Yr BWC Unlimited with TAP 10YR 1 $1,043.40 $37.39 $1,080.79 Total $1,043.40 $37.39 $1,080.79

Page 6 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Page 7 ends

\s1\ \d1\
Signature Date Signed
12/5/2022
Item No. 4.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Authorization to Repair Transit Vehicle No. 8113 SOURCE: Public Works
COMMENT: On October 28, 2021, a Ford Transit Van (Unit No. 8113) was involved in a vehicle collision, resulting in the vehicle sustaining moderate damage and requiring the vehicle to be removed from service. Staff obtained three estimates, and the repair was awarded to Milinich Body Works at the City Council's meeting on March 15, 2022. After receiving approval, the vehicle was taken to Milinich Body Works. Milinich declined to perform the repair, so staff reached out to the two remaining body shops to see if they would repair the vehicle. Only Porterville Collision was responsive, and agreed to repair the vehicle at their original estimate.

Council awarded the repair to Porterville Collision at its meeting on May 17, 2022 for a cost not to exceed $24,209. The vehicle was scheduled for repair upon receiving approval from Council. City staff attempted to take the vehicle in for repair in July 2022, but the body shop re-scheduled for November 2022.

Staff again attempted to take it in November, but they rescheduled it for December 2022. When staff again tried to take it in December, they ultimately declined to repair the vehicle.

Staff proceeded to take the vehicle to E.M. Tharp, Inc. for an estimate, which they provided. Staff is requesting authorization to enter into an agreement with E.M. Tharp, Inc. to repair the damage to Transit Vehicle No. 8113 for an estimated cost of $24,173, which includes a ten percent (10%) contingency cost for damage that is not yet known but may be present upon repair of the vehicle.

The City is in receipt of a check from CalTIP in the amount of $7,831.92 in payment of the insurance claim. The remaining cost of repair will be paid by reimbursement from TCRTA. CalTip, the City's transit insurance provider, will seek subrogation from the party at fault.

RECOMMENDATION: That the City Council:

1. Authorize the repair of transit vehicle No. 8113 by E.M. Tharp, Inc. at a cost not to exceed $24,173 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

ATTACHMENTS: 1. E.M. Tharp, Inc. Estimate

2. Agenda Staff Report - March 15, 2022
Item No. 4.

3. Agenda Staff Report - May 17, 2022
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 4.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization to Repair Transit Vehicle No. 8113 SOURCE: Public Works
COMMENT: On October 28, 2021, a Transit Ford Van (Unit No. 8113) was involved in a vehicle collision, resulting in the vehicle sustaining moderate damage and requiring the vehicle to be removed from service. Staff obtained three estimates, and the repair was awarded to Milinich Body Works at the City Council meeting on March 15, 2022. After receiving approval, the vehicle was taken to Milinich Body Works. They declined to perform the repair, so staff reached out to the two remaining body shops to see if they would repair the vehicle. Only Porterville Collision was responsive, and agreed to repair the vehicle at their original estimate.

Staff is requesting authorization to enter into an agreement with Porterville Collision to repair the damage to Transit Vehicle No. 8113 for an estimated cost of $24,209, which includes a ten percent (10%) contingency cost for damage that is not yet known but may be present upon repair of the vehicle. The City is in receipt of a check from CalTIP in the amount of $7,831.92 in payment of the insurance claim. The remaining cost of repair will be paid by Transit Operating Funds. CalTip, the City's transit insurance provider, will seek subrogation from the party at fault.

RECOMMENDATION: That the City Council:

1. Authorize the repair of transit vehicle no. 8113 by Porterville Collision at a cost not to exceed $24,209 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

ATTACHMENTS: 1. Transit Vehicle Repair Estimates
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Item No. 5.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Authorization to Repair Transit Van No. 8123
SOURCE: Public Works
COMMENT: Transit Van #8123 is a front-line active Transit Van involved in a collision with a canopy structure. The damage is to the roof and must be repaired to prevent damage from water leaking into the interior of the van. The vehicle was taken to three body shops to obtain estimates. However, only one shop was able to provide an estimate. This is due to the roof height of the Ford Transit van, and paint booth availability. E.M. Tharp, Inc. is the only local shop with a paint booth that can accommodate a vehicle of this height.

Staff is requesting authorization to utilize E.M. Tharp, Inc. to perform the repair at an estimated cost not to exceed $9,718 (inclusive of all parts, taxes, and labor, including a 10% contingency). The cost of the repairs will be reimbursed by the Tulare County Regional Transit Agency.

RECOMMENDATION: That the City Council:

1. Authorize transit van collision repair by E.M. Tharp, Inc. at a cost not to exceed $9,718 (inclusive of all parts, taxes, and labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. E.M. Tharp, Inc. Estimate
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 6.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Authorization to Distribute a Request for Qualifications for Design Services - Parks Master Plan
SOURCE: Parks and Leisure Services
COMMENT: The City's current Parks Master Plan is over twenty (20) years old and is in need of an update . The City's Parks Master Plan will provide guidance and direction for the future design and development of facilities to meet the needs of the City's residents over the next ten (10) years. It also addresses the goals and objectives of the City's adopted General Plan. A few of the deliverables of the Consultant will include: developing a public engagement strategy; performing field data collection; providing project management; and working closely with City staff.

Staff has proceeded with the preparation of a Request for Qualifications for design services for this project. The firms interested in the project shall submit a statement of qualifications that will be reviewed and rated by a selection panel.

The highest ranking firms may or may not be asked to participate in an interview panel and ranked again.

Staff will then present the results of the ranking to City Council for approval and to direct staff to negotiate a fee with the highest ranking firm or the firm determined by Council. The chosen firm will meet with staff to fine tune the scope and deliver a fee. If the fee is acceptable, staff will then seek Council's approval to execute a Service Agreement so that the firm can commence with the needed design work for the Parks Master Plan.

RECOMMENDATION: That the City Council authorize staff to distribute a Design Services Request for Qualifications for a Parks Master Plan.

ATTACHMENTS: 1. Draft Request for Qualifications

2. General Plan Policy Exerpts
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No. 6.

Item No. 7.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Status Report - Developer Impact Fees
SOURCE: Finance
COMMENT: Pursuant to Government Code Section 66006(b)(1), a detailed fund analysis of the capital improvement funds containing developer impact fees has been prepared. A copy of this analysis has been delivered to the Building Industry Association of Tulare/Kings Counties, Inc. (BIA), per its request.

The format and content of this analysis have been developed around criteria previously approved by the BIA.

RECOMMENDATION: That the City Council accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2022.

ATTACHMENTS: 1. Developer Impact Fee Summary: Fiscal Year 2021-2022 Appropriated/Funded:

Review By:

Department Director:

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

DEVELOPER IMPACT FEE SUMMARY
2021/22

BEGINNING ENDING

BALANCES ELIGIBLE BALANCES
AS OF FEES INTEREST D.I.F. AS OF
JULY 1, 2021 COLLECTED EARNED EXPENDITURES JUNE 30, 2022 WATER ACREAGE FEE $ (21,361,392) $ 289,845 $ (98,328) $ (99,055) $ (21,268,930) SEWER ACREAGE FEE $ (2,602,918) $ 99,075 $ (79,157) $ (129,962) $ (2,712,962) STORM DRAIN FEE $ 2,268,773 $ 399,783 $ (66,156) $ (41,234) $ 2,561,167 TRANSPORTATION IMPACT FEE $ 2,046,097 $ 369,190 $ (60,159) $ (150,000) $ 2,205,128 PARK IMPACT FEE $ - $ 177,577 $ 193 $ (177,770) $ -

CITYOF PORTERVILLE

DEVELOPER FEE-FUNDED PROJECTS
2021/22
Allowed Eligible
Total D.I.F. D.I.F.

Expenditure Percentage Expenditure
Water Projects
Villa St (Nupchi Xo'Oy) $ 66,783.62 100% $ 66,783.62
Relocation of meter - 945 E Morton 4,500.00 0% $ 0.00
Master plan update 54,128.78 100% 54,128.78
South recharge basin 165.25 0% 0.00
DR#23 dual recharge basin 13,309.00 0% 0.00
North recharge basin 10,186.04 0% 0.00
Well #37 - Summit Estates 14,328.45 100% 14,328.45
Rehabilitate wells 1,928.28 100% 1,928.28
Well #35 - E Porterville 1,077,147.45 0% 0.00
SGMA compliance 132,636.44 0% 0.00
Well #34 - Akin &Central Mutual water system 27,883.37 100% 27,883.37 Auto radio read 171,639.52 0% 0.00
Masterplan payback 786.37 100% 786.37
Urban water mangement plan 50,208.95 0% 0.00
Property purchase - olive grove 3,082,992.06 0% 0.00
Water infrastructure review 14,712.53 0% 0.00
DR#30 - airport/casino basin 20,421.86 0% 0.00
WATER TOTAL $ 4,743,757.97 $ 99,055.25
Sewer Projects
Master plan payback $ 58.10 100% $ 58.10
Digester #3 repair/rehab 2,011,593.27 0% 0.00
Nitrification/Denitrification study 132,445.30 0% 0.00
Digester cleaning 41,104.14 0% 0.00
Wastewater needs assessment 95.62 0% 0.00
Master plan update 113,631.23 100% 113,631.23
Tertiary treatment plant 16,272.99 100% 16,272.99
WWTF office building 69,952.05 0% 0.00
Biosolids hauling 6,086.48 0% 0.00
Sewer annexation - area 457 84,086.07 0% 0.00
Sewer annexation - area 474 21,729.06 0% 0.00
Sewer annexation - area 475 42,544.30 0% 0.00
Sewer annexation - area 476 27,988.62 0% 0.00
Sewer annexation - area 478 50,152.91 0% 0.00
Sewer annexation - area 479 324,201.81 0% 0.00
SEWER TOTAL $ 2,941,941.95 $ 129,962.32
Storm Drain Projects
Master plan update $ 41,233.57 100% $ 41,233.57
Thurman/3rd St storm drain 3,859.86 0% 0.00
STORM DRAIN TOTAL $ 45,093.43 $ 41,233.57
Transportation Projects
Debt service - 2015 Refinancing Project $ 150,000.00 100% $ 150,000.00 TRANSPORTATION TOTAL $ 150,000.00 $ 150,000.00
Park Projects
Debt service - sports complex $ 171,380.26 100% $ 171,380.26 Sports complex parking lease 6,389.43 100% 6,389.43
PARK TOTAL $ 177,769.69 $ 177,769.69

CITY OF PORTERVILLE

DEVELOPER FEE RATE STRUCTURE
2021/22
Hillside Single Multiple Mobile Commercial /
Development Family Duplex Family Homes Institutional Professional Water Acreage Fee / Acre $ 1,945 $ 4,055 $ 10,151 $ 23,699 $ - $ 2,646 $ 3,048 Sewer Acreage Fee / Acre $ 1,322 $ 2,478 $ 5,755 $ 13,427 $ - $ 933 $ 3,499 Storm Drain Fee / Acre $ - $ 6,679 $ 8,910 $ 13,368 $ - $ 17,816 $ 17,816 Transportation Fee / Unit $ - $ 1,337 $ 903 $ 903 $ - $ 3,677 $ 6,994 Park Impact Fee / Unit $ - $ 887 $ 689 $ 689 $ 498 $ - $ - CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Acceptance of Police K-9 Safety Equipment Grant SOURCE: Police
COMMENT: In December 2022, the Police Department's K-9 Unit Supervisor was contacted by the Executive Director of the Spirit of Blue Foundation. The Spirit of Blue Foundation specializes in providing grant funded safety equipment, specifically for Police K-9's.

While they do not usually reach out to Tulare County, this year they had a surplus of grant funds available and offered said funds to be utilized to purchase two Plexus Level II Hybrid K-9 ballistic vests for the Porterville Police Department. The Department received notification from the Spirit of Blue Foundation that funding in the amount of $3,770.00 was approved for the Department.

The Spirit of Blue’s mission is to enhance Officer safety by providing safety equipment. This grant is intended to provide the necessary equipment for the Department’s Police working dogs to be protected from threats while serving the community.

The Spirit of Blue Foundation is a 501(c)(3) organization and has confirmed that the entire cost of the vests will be covered by the grant.

Attached is a copy of the Grant Award Letter.

RECOMMENDATION: That the City Council:
1) Authorize the acceptance of the grant in the amount of $3,770.00; and
2) Authorize staff to sign all necessary documents that pertain to the grant.

ATTACHMENTS: 1. Grant Award Letter
Appropriated/Funded:

Review By:

Department Director:

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

Spirit of Blue Foundation
12771 SW Tooze Road | Sherwood, OR 97140
[email protected] | (585) 662-9032
December 1, 2022
Sgt. Brian Pinheiro
Porterville Police Department
350 N D Street
Porterville, CA 93257
Dear Sgt. Pinheiro,
The Spirit of Blue Foundation 501(c)(3) is pleased to inform you that the Porterville Police Department has been selected to receive a Safety Equipment Grant in the form of a K9 ballistic vests. The vests will be sourced directly from Survival Armor by Spirit of Blue and will be donated to your agency.

The primary sponsor of the grant is the Renee and Gordon Graham Foundation. Their generous gift of $20,000 was used to create the 2022 Southern California K9 Safety Initiative which will be distributed to agencies or associations to benefit police working dogs in the region.

Sportsmen Organized for Law Enforcement (SOLE) also contributed to make this grant possible.

The grant includes:
• Two (2) Plexus Level II Hybrid K9 vests (Survival Armor) The value of the grant being awarded is $3,770. Nothing additional will be provided as part of the grant.

In keeping with the Spirit of Blue’s mission of enhancing officer safety and vitality through meeting safety equipment and training needs, this grant is intended to provide the necessary equipment for your police working dogs to be protected from threats while serving their community.

Again, congratulations on your agency being selected. We are hopeful that the use of this grant aids greatly in the safety of your police working dogs and the effectiveness of your agency.

Sincerely,
Ryan T. Smith
Executive Director
Item No. 9.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Acceptance of Donation of Little Library by Milt Stowe SOURCE: City Manager's Office
COMMENT: At its meeting December 20, 2022, former Mayor and Council Member Milt Stowe expressed to the City Council during Oral Communications his interest in donating to the City a Little Library that had been dedicated to him upon his recent departure from the City Council in appreciation for his career of service to the Porterville community. Mr. Stowe recommended the Little Library be placed in front of the Information Technology building, which is located directly west of City Hall and east of Fire Station 71 on W. Cleveland Avenue. A Little Library is a free book-sharing receptacle where anyone may take a book, or bring a book to share, and function on the honor system. In this case, the Little Library is shaped like a mailbox and decorated like a view from Google Earth.

By accepting the donation from Mr. Stowe, the City would be responsible for the Little Library's maintenance and repair.

RECOMMENDATION: That the City Council consider acceptance of the donation of the Little Library by Milt Stowe.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
Item No. 10.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Amended Barn Theater Revocable License Agreement SOURCE: City Manager's Office
COMMENT: For more than sixty (60) years, the Barn Theater, located at 42 South Plano Street, has been providing community entertainment. In April 2017, the City Council approved the Revocable License Agreement renewal with the Barn Theatre with a twenty-five (25) year term effective April 18, 2017 through April 17, 2042. This was the second consecutive twenty-five (25) year License Agreement between the City and the Barn Theatre. The Agreement states that 'the property is deemed suitable, necessary, and proper for use by the Barn Theater in carrying on and conducting a community enterprise of a non-profit, nonpolitical, and non-religious nature for which the Barn Theater has been incorporated and organized, and is now engaged in, carrying on and conducting as a community enterprise, and for the benefit, enlightenment, amusement, recreation, education and advancement of the Porterville area, and not for the profit of any individual or enterprise.

During the pandemic, the Barn Theatre, similar to other non-profit organizations, attempted new types of activities in order to continue providing some sort of offerings to the community and needed revenues to the organization. The Barn Theatre Board of Directors expressed an interest to the City in having the Agreement amended to provide clarity on what types of fundraising activities the Barn Theater can provide to the community.

Fundraising enables the Barn Theater to fulfill its primary purpose of providing community enrichment activities and theater programs. At its meeting on November 30, 2022, the City's Internal Audit Committee finalized the draft amendment to the current Revocable License Agreement. The proposed amendment that was agreed upon by the Barn Theatre representatives and the Internal Audit Committee is: "As a community non-profit that is dependent on its fundraising activities, the Barn Theater shall be allowed to conduct fundraising and/or community enrichment activities at the property including, but not limited to fine arts performances and recitals, concerts, comedy nights, art displays and art nights, talent shows, dance shows, dinners and luncheons, Christmas parties, weddings, birthday parties, and baby showers and shall be allowed to sublicense the property to community clubs for such clubs' meetings."
In addition to other minor edits and clarifications, the proposed amended Revocable License Agreement would modify the term of the current Agreement from twenty-five (25) years to five years, with a mutual option for an extension of an additional year.

Item No. 10.

RECOMMENDATION: That the City Council consider approval of the proposed amendments to the current Revocable License Agreement
between the City and the Barn Theatre.

ATTACHMENTS: 1. Barn Theater Revocable License Agreement - Final Draft

2. Barn Theater Revocable License Agreement - Final Draft (Redline)

3. Barn Theater Revocable License Agreement (2017)
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
1 REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered into the 17th of January, 2023, by and between the CITY OF PORTERVILLE, a municipal corporation, hereinafter called the Licensor, and THE BARN THEATRE, a non-profit California public benefit corporation, hereinafter called the LICENSEE:

W I T N E S S E T H:

WHEREAS the LICENSOR is the owner of the hereinafter described real Property; and
WHEREAS, the property is deemed suitable, necessary, and proper by the LICENSOR and the LICENSEE for use by the LICENSEE in carrying on and conducting a community enterprise of a non-profit, non-political, and non-religious nature for which the LICENSEE has been incorporated and organized, and is now engaged in, carrying on and conducting as a community enterprise, and for the benefit, enlightenment, amusement, recreation, education, and advancement of the Porterville Area, and not for the profit of any individual or enterprise.

NOW, THEREFORE, it is hereby covenanted and agreed between the LICENSOR and the LICENSEE as follows, to wit:

1. The real property herein referred to and covered by the terms of this license is that certain real property situated in the City of Porterville, County of Tulare, State of California, described as follows to wit:

Beginning at the Northwest corner of Northeast
Quarter of Section 36, Township 21 South, Range 27
East, MD. B & M., said point being on the East
Line of Plano Street in the City of Porterville,
2 County of Tulare, State of California; thence South
3°55’ East along the easterly line of said Plano
Street 375 feet to the point of beginning of the parcel being described; thence East 170 feet; thence South 7°East
375 feet, more or less, to the Northwesterly line of Park Drive; thence southerly and westerly along said westerly and northerly line of Park Drive 200 feet, more or less, to the easterly line of the said Plano Street; thence northerly along the easterly line of said Plano Street 500 feet, more or less, to the point of beginning.

Excepting therefrom, the westerly 20 feet measured
at right angles to said easterly line of Plano Street,
and also excepting such portions thereof as may be required for the widening of Park Drive.

2. That the LICENSOR for and in consideration of the promises, covenants, agreements, and stipulations herein contained on the part and behalf of the LICENSEE to be paid, kept, and performed, at the time and in the form and manner herein specified, with time being made the essence hereof, hereby grants to the LICENSEE a license to engage, use and employ the described real property together with the appurtenances thereon for the purpose of carrying on and conducting as a community enterprise for the benefit, enlightenment, amusement, recreation, education and advancement of the Porterville Area a theatre group in accordance with the By-laws and Articles of Incorporation of LICENSEE. The LICENSEE shall use and employ the real property together with the improvements thereon exclusively for the usual and customary theatrical activities of the LICENSEE; and no business, retail, or wholesale, activities or enterprises shall be carried on or conducted for profit or be allowed, suffered, or permitted to be carried on at or upon the property during the terms of this 3 license, except as otherwise specified in this Agreement. As a community non-profit that is dependent on it fundraing activities, LICENSEE shall be allowed to also conduct fundraising and/or community enrichment activities at the property including, but not limited to fine arts performances and recitals, concerts, comedy nights, art displays and art nights, talent shows, dance shows, dinners and luncheons, Christmas parties, weddings, birthday parties, and baby showers and shall be allowed to sublicense the property to community clubs for such clubs’ meetings. LICENSEE shall be allowed to grant a sublicense, for a period of not more than two (2) consecutive days to other individuals and organizations for the use of the premises, provided that LICENSEE complies with the requirements of this Agreement, including, but not limited to, Paragraphs 5, 16, 17, 18, and 19.

4. The Parties further agree that all of the terms, provisions, stipulations, agreements, and conditions herein contained on the part and behalf of the LICENSEE to be paid, kept, and performed, shall be and the same are hereby 4 expressly declared to be continuing conditions, covenants and agreement by precedent to any right on behalf of the LICENSEE to enjoy or exercise any of the rights or privileges granted by this license.

5. LICENSEE agrees that in the use, employment and enjoyment of this license by the LICENSEE, the LICENSEE shall not suffer, allow, or permit any religious discrimination, political discrimination, race discrimination, or any other form of illegal discrimination to be engaged in, conducted, carried on, or participated in by the LICENSEE or any agent, employee, or servant of the LICENSEE in carrying on or conducting any of the activities of the LICENSEE with reference to the use, employment and enjoyment of this license.

6. That during the entire term of this license, the LICENSEE shall at all times maintain with the State of California its status as a non-profit corporation.

7. That the term of this license shall commence as of January 18,, 2023, for a period of approximately five (5) years, ending at midnight on December 30, 2027. The parties may agree to extend this Agreement to be reviewed and adjusted for an additional (1) year, with the terms of said Agreement to be reviewed and modified as the parties deem appropriate prior to renewal.

8. The LICENSEE stipulates and agrees that in the occupancy of the real property and the improvements thereon that the LICENSEE shall not suffer, allow or permit any waste to be committed thereto or thereon, nor shall the LICENSEE suffer, allow, or permit any mechanic’s lien or other liens to be filed upon the real property or any of the improvements thereon; nor shall the LICENSEE suffer, allow, or permit the building or permanent improvement thereto, other 5 than trade fixtures, to be removed from the real property during the term hereof without permission of the LICENSOR first had and received.

9. The LICENSOR shall have the free right at all times by its authorized agents or representatives of entry upon the property and into, upon, and about the improvements thereon for purposes of inspection and posting of any legal notices thereon.

10. That any and all signs erected or maintained by the LICENSEE upon the property or any of the improvements thereon shall fully comply with and conform to all regulations and standards of the City of Porterville now in force or which may hereafter be in full force and effect.

11. The LICENSEE shall of its own proper cost and expense, and without any cost, charge, or expenses to the LICENSOR, pay and discharge when due and before delinquent all light, electric power, water, gas, telephone, garbage removal, all utilities, and all other occupation charges for the premises and the same shall not be suffered, allowed, or permitted to become a charge or lien upon the real property.

12. It is expressly stipulated and agreed herein that the LICENSOR shall not be called upon, expected to, nor shall the LICENSOR, pay and discharge any costs whatsoever arising from or in any connection with the use and enjoyment of this license by the LICENSEE or in the use and enjoyment of any of the improvements placed upon the property by the LICENSEE.

13. The LICENSEE shall at all times during the terms of this license keep and maintain all of the buildings, fixtures, and grounds directly adjacent to the 6 building. LICENSEE shall ensure the same is kept in good order and repair, inside and outside, together with all fixtures and appurtenances used and employed in the occupancy/license of the real property and the improvements thereon, including sewer lines, plumbing fixtures, electrical fixtures and all conveniences or necessities used and employed by the LICENSEE in the occupancy of the premises; and the LICENSEE shall at its sole cost and expense from time to time, as the needs may arise therefore, make renewals and replacements thereof in first class modern character and efficiency. LICENSOR shall maintain the turf area, parking lot, and prune trees when necessary.

14. The LICENSEE shall promptly and completely observe, comply with, and conform to all present and future applicable federal, state, and local laws, requirements, and standards in the operation and use of the License and the premises, and its programs on this premises. This includes, but is not limited to, State and Federal discrimination and disability laws and regulations.

LICENSEE shall, at its own cost and expense, make any and all improvements thereon or alteration thereto, structurally, or otherwise, that may be required at any time hereafter by any such present or future law, rule, requirement, order, direction, ordinance, or regulations. Failure to comply is grounds for immediate termination of this License by LICENSOR, and any notice requirements required pursuant to this Agreement shall not apply.

15. LICENSEE must maintain all outdoor consumption of beer, wine, and distilled spirits within the outdoor forty-by-100-foot, fenced-in consumption area. 7 16. LICENSEE shall not make any material alterations, improvements, additions, or any other structural or building changes without the prior written approval of the LICENSOR.

17. The LICENSEE shall not suffer, allow, or permit any property, properly or legally assessable to the LICENSEE, to be assessed against the LICENSOR or against the real property or for which the LICENSOR shall be liable or responsible to pay, or for the same to become a charge or lien upon the real property. In the event any possessory interest tax is assessed as a result of this Agreement, LICENSEE shall pay and be responsible for the full amount assessed.

18. Except as allowed pursuant to Paragraph 2 above, it is expressly stipulated, covenanted and agreed that this license shall not be assigned, transferred, mortgaged or hypothecated in any manner; nor shall the buildings or improvements or facilities used and employed by the LICENSEE in enjoying this license be sublicensed without the prior written consent of the LICENSOR’s Parks and Leisure Services Director or his Designee; for each such assignment or sublicensing, it being further stipulated that the consent by the LICENSOR to any one assignment/sublicense shall not be construed as a consent to any further of additional assigning or sublicensing.

19. The LICENSEE covenants and agrees at all times during the term of the license to keep and maintain all buildings, structures, and insurable improvements on or pertinent to the real property fully insured (with LICENSOR named as an additional insured) for the replacement value to insure that the building can be 8 replaced in the event of a fire with comprehensive coverage and in an amount and in such company or companies as may be acceptable to the LICENSOR; and all such policies of insurance shall be delivered to and held by the LICENSOR, except, however, that if the improvements shall have a mortgage thereon, a mortgage loss clause may be attached thereto in favor of such mortgage to the extent of the outstanding balance due on the aforesaid construction loan.

20. The LICENSEE, as a material part of the considerations to be rendered to the LICENSOR for the granting of the license, and to the fullest extent permitted by law, covenants and agrees, to the fullest extent permitted by law, to release, indemnify, defend and hold LICENSOR harmless and free from all liability and claims for damages by reason of any injury to any person or persons, or property of any kind whatsoever, from any cause or causes whatsoever while in, upon, or in any way connected with said licensed premises, or the premises adjacent thereto during the term of license or any extension thereof. It is further stipulated and agreed that the LICENSEE shall save, indemnify, and defend the LICENSOR, all of its officers, agents and employees of and from all claims, demands, actions or causes of actions arising from or in any way connected with the occupation and of the demised premises, including but not limited to any sublicense or use by other parties, together with all costs and attorney’s fees; that at all times during the term of this license, LICENSEE shall be and is hereby required and it hereby agrees to keep in full force and effect, with the premium fully prepaid thereon Two Million Dollars $2,000,000.00 for personal injury and property damage (covering all occupation and use of the premises) combined 9 single limits with liquor and product liability, and shall file with the LICENSOR the original policies and/or certificate thereof.

21. If the LICENSEE shall fail, neglect, or refuse to pay, do, or perform any of the terms, stipulations, promises, covenants, conditions, or agreements hereof on its part and behalf to be paid, kept and performed, the LICENSOR may, at its option, but it shall not be obligated to do so, pay or cause the same to be paid, done or performed, and the amount of money expended by the LICENSOR in so doing, or incurred by the LICENSOR in so doing, shall become a debt immediately due from the LICENSEE to LICENSOR, and shall constitute a material breach hereof entitling LICENSOR to immediate termination hereof pursuant to paragraph 21 below.

22. If the LICENSEE shall fail, neglect or refuse to pay, for a period of (30) days after notice, do or perform any of the items in the form and manner herein provided, the terms, provisions, covenants, conditions, and agreements hereof on its part and behalf to paid, kept and performed, the LICENSOR may terminate and cancel license and at such time and in such event, full and compete title to all improvements, buildings, structures, fixtures, excluding trade fixtures, shall have then vested in the LICENSOR, subject to the encumbrances now existing against such structures; and the LICENSOR may immediately re-enter into the possession of said real property together with all of the said improvements, and the same to have, hold, and enjoy thereafter as the sole, absolute and unconditional owner. In such event, LICENSEE shall have a period of thirty (30) 10 days after notice to remove its personal property and trade fixtures from the premises.

23. LICENSEE covenants and agrees on the last day of the term of this license, or the sooner determination of the term this license, to peacefully leave, surrender, and vacate to the LICENSOR the said real property together with the improvements thereon and the fixtures attached thereto in good order and condition and state of repair.

24. Failure on the behalf of the LICENSOR to insist on strict performance of the covenants, terms, stipulations, agreements and conditions of the license shall not be construed as a waiver by the LICENSOR of any of its rights hereunder, or as a waiver or a relinquishment of the strict future performance of the covenants, conditions and agreement herein contained, but all and each thereof shall be and remain in full force and effect.

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

26. The parties agree that this Agreement is entered into and is to be performed in Tulare Country, California.
11 27. Each party and its legal counsel have participated fully in the review and revisions of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

WITNESS the hands and seals of the parties the day and year first above written.

CITY OF PORTERVILLE
BY ___________________________ BY______________________________ Martha A. Flores, Mayor John D. Lollis, City Clerk

BARN THEATRE
BY ______________________________
Denise Everhart, President
1 REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered into the _____ of ___________, 202217, by and between the CITY OF PORTERVILLE, a municipal corporation, hereinafter called the Licensor, and tTHEhe BARN THEATRE, a non-profit California public benefit corporation, hereinafter called the LICENSEE:

W I T N E S S E T H:

WHEREAS,WHEREAS the LICENSOR is the owner of the hereinafter described real
Property; and
WHEREAS, the property is deemed suitable, necessary, and proper by the LICENSOR and the LICENSEE for use by the LICENSEE in carrying on and conducting a community enterprise of a non-profit, non-political, and non-religious nature for which the LICENSEE has been incorporated and organized, and is now engaged in, carrying on and conducting as a community enterprise, and for the benefit, enlightenment, amusement, recreation, education, and advancement of the Porterville Area, and not for the profit of any individual or enterprise.

NOW, THEREFORE, it is hereby covenanted and agreed between the LICENSOR and the LICENSEE as follows, to wit:

Beginning at the Northwest corner of Northeast
Quarter of Section 36, Township 21 South, Range 27
2 East, MD. B & M., said point being on the East
Line of Plano Street in the City of Porterville,
County of Tulare, State of California; thence South
3°55’ East along the easterly line of said Plano
Street 375 feet to the point of beginning of the parcel being described; thence East 170 feet; thence South 7°East
375 feet, more or less, to the Northwesterly line of Park Drive; thence southerly and westerly along said westerly and northerly line of Park Drive 200 feet, more or less, to the easterly line of the said Plano Street; thence northerly along the easterly line of said Plano Street 500 feet, more or less, to the point of beginning.

Excepting therefrom, the westerly 20 feet measured
at right angles to said easterly line of Plano Street,
and also excepting such portions thereof as may be required for the widening of Park Drive.

2. That the LICENSOR for and in consideration of the promises, covenants, agreements, and stipulations herein contained on the part and behalf of the LICENSEE to be paid, kept, and performed, at the time and in the form and manner herein specified, with time being made the essence hereof, hereby grants to the LICENSEE a license to engage, use and employ the described real property together with the appurtenances thereon for the purpose of carrying on and conducting as a community enterprise for the benefit, enlightenment, amusement, recreation, education and advancement of the Porterville Area a theatre group in accordance with the By-laws and Articles of Incorporation of LICENSEE. The LICENSEE shall use and employ the real property together with the improvements thereon exclusively for the usual and customary theatrical activities of the LICENSEE; and no business, retail, or wholesale, activities or enterprises shall be carried on or conducted for profit or be allowed, suffered, or 3 permitted to be carried on at or upon the property during the terms of this license, except as otherwise specified in this Agreement. As a community non-profit that is dependent on it fundraing activities, LICENSEE shall be allowed to also conduct fundraising and/or community enrichment activities at the property including, but not limited to fine arts performances and recitals, concerts, comedy nights, art displays and art nights, talent shows, dance shows, dinners and luncheons, Christmas parties, weddings, birthday parties, and baby showers and shall be allowed to sublicense the property to community clubs for such clubs’ meetings. LICENSEE shall be allowed to grant a sublicense, for a period of not more than two (2) consecutive days to other individuals and organizations for the use of the premises, provided that LICENSEE does this no more than five (5) times per year, and LICENSEE complies with the requirements of this Agreement, including, but not limited to, Paragraphs 5, 16, 17, 18, and 19.

3. The LICENSEE agrees at all times during the term of license to use, the described real property together with improvements thereon, solely and exclusively for activities of the LICENSEE presently authorized by its Articles of Incorporation and By-laws, it being further stipulated that no substantial amendment to the Articles or By-laws of the LICENSEE may be used to amend, extend, or modify the terms and provisions of this license without first obtaining the express written consent of the LICENSOR.
4 4. The Parties further agree that all of the terms, provisions, stipulations, agreements, and conditions herein contained on the part and behalf of the LICENSEE to be paid, kept, and performed, shall be and the same are hereby expressly declared to be continuing conditions, covenants and agreement by precedent to any right on behalf of the LICENSEE to enjoy or exercise any of the rights or privileges granted by this license.

6. That during the entire term of this license, the LICENSEE shall at all times maintain with the State of California its status as a non-profit corporation.

7. That the term of this license shall commence as of October April 171, 20212, for a period of five (5) years, ending at midnight on September 30April 17, 20127. . The parties may agree to extend this Agreement to be reviewed and adjusted for an additional (1) year, with the terms of said Agreement to be reviewed and modified as the parties deem appropriate prior to renewal.

8. The LICENSEE stipulates and agrees that in the occupancy of the real property and the improvements thereon that the LICENSEE shall not suffer, allow or permit any waste to be committed thereto or thereon, nor shall the LICENSEE 5 suffer, allow, or permit any mechanic’s lien or other liens to be filed upon the real property or any of the improvements thereon; nor shall the LICENSEE suffer, allow, or permit the building or permanent improvement thereto, other than trade fixtures, to be removed from the real property during the term hereof without permission of the LICENSOR first had and received.

12. It is expressly stipulated and agreed herein that the LICENSOR shall not be called upon, expected to, nor shall the LICENSOR, pay and discharge any costs whatsoever arising from or in any connection with the use and enjoyment of this 6 license by the LICENSEE or in the use and enjoyment of any of the improvements placed upon the property by the LICENSEE.

13. The LICENSEE shall at all times during the terms of this license keep and maintain all of the buildings, fixtures, and grounds directly adjacent to the building. LICENSEE shall ensure the same is kept in good order and repair, inside and outside, together with all fixtures and appurtenances used and employed in the occupancy/license of the real property and the improvements thereon, including sewer lines, plumbing fixtures, electrical fixtures and all conveniences or necessities used and employed by the LICENSEE in the occupancy of the premises; and the LICENSEE shall at its sole cost and expense from time to time, as the needs may arise therefore, make renewals and replacements thereof in first class modern character and efficiency. LICENSOR shall maintain the turf area, parking lot, and prune trees when necessary.

14. The LICENSEE shall promptly and completely observe, comply with, and conform to all present and future applicable federal, statestate, and local laws, requirements, and standards in the operation and use of the License and the premises, and its programs on this premises. . This includes, but is not limited to, State and Federal discrimination and disability laws and regulations.

LICENSEE shall, at its own cost and expense, make any and all improvements thereon or alteration thereto, structurallystructurally, or otherwise, that may be required at any time hereafter by any such present or future law, rule, requirement, order, direction, ordinance, or regulations. Failure to comply is 7 grounds for immediate termination of this License by LICENSOR, and any notice requirements required pursuant to this Agreement shall not apply.

15. LICENSEE must maintain all outdoor consumption of beer, winewine, and distilled spirits within the outdoor forty- by- 100 -foot, fenced -in consumption area.

16. LICENSEE shall not make any material alterations, improvements, additions, or any other structural or building changes without the prior written approval of the LICENSOR.

17. The LICENSEE shall not suffer, allow, or permit any property, properly or legally assessable to the LICENSEE, to be assessed against the LICENSOR or against the real property or for which the LICENSOR shall be liable or responsible to pay, or for the same to become a charge or lien upon the real property. . In the event any possessory interest tax is assessed as a result of this Agreement, LICENSEE shall pay and be responsible for the full amount assessed.

Except as allowed pursuant to Paragraph 2 above,

18. Iit is expressly stipulated, covenanted and agreed that this license shall not be assigned, transferred, mortgaged or hypothecated in any manner; nor shall the buildings or improvements or facilities used and employed by the LICENSEE in enjoying this license be sublicensed without the prior written consent of the LICENSOR’s Parks and Leisure Services Director or his Designee; for each such assignment or sublicensing, it being further stipulated that the consent by 8 the LICENSOR to any one assignment/sublicense shall not be construed as a consent to any further of additional assigning or sublicensing.

19. The LICENSEE covenants and agrees at all times during the term of the license to keep and maintain all buildings, structures, and insurable improvements on or pertinent to the real property fully insured (with LICENSOR named as an additional insured) for the replacement value to insure that the building can be replaced in the event of a fire with comprehensive coverage and in an amount and in such company or companies as may be acceptable to the LICENSOR; and all such policies of insurance shall be delivered to and held by the LICENSOR, except, however, that if the improvements shall have a mortgage thereon, a mortgage loss clause may be attached thereto in favor of such mortgage to the extent of the outstanding balance due on the aforesaid construction loan.

20. The LICENSEE, as a material part of the considerations to be rendered to the LICENSOR for the granting of the license, and to the fullest extent permitted by law, covenants and agrees, to the fullest extent permitted by law, to release, indemnify, defend and hold LICENSOR harmless and free from all liability and claims for damages by reason of any injury to any person or persons, or property of any kind whatsoever, from any cause or causes whatsoever while in, upon, or in any way connected with said licensed premises, or the premises adjacent thereto during the term of license or any extension thereof. It is further stipulated and agreed that the LICENSEE shall save, indemnify, and defend the LICENSOR, all of its officers, agents and employees of and from all claims, demands, actions or causes of actions arising from or in any way connected with 9 the occupation and of the demised premises, including but not limited to any sublicense or use by other parties, together with all costs and attorney’s fees; that at all times during the term of this license, LICENSEE shall be and is hereby required and it hereby agrees to keep in full force and effect, with the premium fully prepaid thereon Two Million Dollars $2,000,000.00 for personal injury and property damage (covering all occupation and use of the premises) combined single limits with liquor and product liability, and shall file with the LICENSOR the original policies and/or certificate thereof.

22. If the LICENSEE shall fail, neglect or refuse to pay, for a period of (30) days after notice, do or perform any of the items in the form and manner herein provided, the terms, provisions, covenants, conditions, and agreements hereof on its part and behalf to paid, kept and performed, the LICENSOR may terminate and cancel license and at such time and in such event, full and compete title to all improvements, buildings, structures, fixtures, excluding trade fixtures, shall 10 have then vested in the LICENSOR, subject to the encumbrances now existing against such structures; and the LICENSOR may immediately re-enter into the possession of said real property together with all of the said improvements, and the same to have, hold, and enjoy thereafter as the sole, absolute and unconditional owner. In such event, LICENSEE shall have a period of thirty (30) days after notice to remove its personal property and trade fixtures from the premises.

23. LICENSEE covenants and agrees on the last day of the term of this license, or the sooner determination of the term this license, to peacefully leave, surrender andsurrender, and vacate to the LICENSOR the said real property together with the improvements thereon and the fixtures attached thereto in good order and condition and state of repair.

25. If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in the Litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to its cost for the litigation including expert witness fees and a reasonable sum as and for its attorney’s fees in the litigation, 11 which shall be determined by the court in that litigation or in a separate action brought for that purpose.

26. The parties agree that this Agreement is entered into and is to be performed in Tulare Country, California.

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

WITNESS the hands and seals of the parties the day and year first above written.

CITY OF PORTERVILLE
BY ___________________________ BY______________________________ Martha A. FloresVirginia R. Gurrola, Mayor
John D. Lollis, City Clerk

BARN THEATRE
BY ______________________________
Denise Everhart, President

Item No. 11.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Assignment of Airport Lease - Lot No. 34F
SOURCE: Finance
COMMENT: Steven Huth and Michael Quatacker are the current leaseholders of Lot No. 34F at the Porterville Municipal Airport. Steven Huth has sold his ownership interest in the hangar located on the lot and is requesting the transfer of the lease to the new owners, Michael Quatacker and Debbie Quatacker. Michael Quatacker and Debbie Quatacker are requesting City Council authorization to assume the existing lease agreement between the City and Steven Huth and Michael Quatacker. The original lease agreement terminates on June 30, 2029.

The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council:

1. Approve the Assignment of Lease for Lot No. 34F at the Porterville Municipal Airport from Steven Huth and Michael Quatacker to Michael Quatacker and Debbie Quatacker; and

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

ATTACHMENTS: 1. Draft Assignment of Lease

2. Draft Lessor's Consent to Assignment of Lease Agreement

3. Letter of Request dated January 3, 2022

4. Bill of Sale

5. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

ASSIGNMENT OF LEASE

PORTERVILLE MUNICIPAL AIRPORT
THIS AGREEMENT, made this 17th day of January, 2023, by and between Steven Huth and Michael Quatacker, P. O. Box 1448, Porterville, CA, owner of a hangar on Lot 34F at the Porterville Municipal Airport, as the Assignor, and Michael Quatacker and Debbie Quatacker, 1279 W. Henderson Ave. #187, Porterville, CA, as the Assignee.

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

1. Effective January 1, 2022, Assignor hereby assigns, transfers and conveys to Assignee all of his right, title and interest as Lessee, in, to and under a certain Lease Agreement dated July 1, 2014, (hereinafter "Lease"), executed by and between the City of Porterville, as Lessor, and Steven Huth and Michael Quatacker, as original Lessee, providing for the letting of certain premises located at the Porterville Municipal Airport, Porterville, California, being more particularly described as follows:

An airport hangar known as Lot No. 34F, and containing a total area of approximately 2,350 square feet, and establishing an original Lease terminating June 30, 2029.

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

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

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

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

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

ASSIGNOR: ASSIGNEE:

Steven Huth Michael Quatacker
BY: BY:

Michael Quatacker Debbie Quatacker
BY: BY:

LESSOR'S CONSENT TO ASSIGNMENT OF LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
AIRPORT HANGAR LOT NO. 34F
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Lease for Airport Hangar Lot No. 34F, described in the foregoing Assignment, hereby consents to the Assignment of Lease Agreement from Steven Huth and Michael Quatacker to Michael Quatacker and Debbie Quatacker, terminating June 30, 2029, for the parking and storage of aircraft, upon the expressed condition that there shall be no further assignment without the prior written consent of the Landlord.

Dated this 17
th day of January, 2023.

CITY OF PORTERVILLE
BY: _______________________________
Martha A. Flores

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

BY: _________________________
Julia Lew, City Attorney

Item No. 12.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: City Council Member Requested Agenda Item - Consider the Formation of a City Council Ad Hoc Committee to Annually Review the Implementation of the City's General Plan.

SOURCE: City Manager's Office
COMMENT: Council Member Weyhrauch has requested that the Council consider the formation of a Council Ad Hoc Committee to annually review the implementation of the City's General Plan. Pursuant to the current City Council Procedural Handbook, should the Council approve Council Member Weyhrauch's request, the subject would be considered as a Scheduled Matter at the Council's next regular meeting on February 7, 2023.

RECOMMENDATION: That the City Council approve Council Member Weyhrauch's request to consider the formation of a Council Ad Hoc Committee to annually review the implementation of the City's General Plan as a Scheduled Matter at the next regular Council meeting.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
Item No. 13.

CITY COUNCIL AGENDA – JANUARY 17, 2023
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, although Governor Newsom announced on October 17, 2022, that the COVID-19 State of Emergency would be concluded on February 28, 2023, thus ending the authority of the legislation. The Council last adopted its Resolution consistent with AB 361 at its meeting on December 20, 2022.

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

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
RESOLUTION _____-2023

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 February 16, 2023, 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 17th day of January, 2023.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Item No. 14.

CITY COUNCIL AGENDA – JANUARY 17, 2023
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 Decmber 20, 2022, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.

On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.

The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 14.
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. 14.
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. 14.
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. 14.

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. 14.
small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015

2. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021

3. State of California State of Emergency Proclamation: April 21, 2021

4. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

5. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022

6. Governor Newsom Executive Order N-7-22: March 28,
2022

7. State Water Resources Control Board: Emergency
Regulation - Water Conservation; June 10, 2022

8. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.

NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.

IT IS HEREBY ORDERED THAT:

1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.

2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.

3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.

4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.

5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.

6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.

7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.

For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.

8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.

9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.

10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.

11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.

12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.

13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.

14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.

This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
~~~smia~rp__e:w. "fl
ATTEST:

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.

3. There is no guarantee that winter precipitation will alleviate the current drought conditions.

4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.

These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.

9. Enforcement against water waste is a key tool in conservation programs.

When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.

2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.

6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.

AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.

Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.

In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
State of California
Office of Administrative Law
In re:

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

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

Repeal sections:

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

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

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

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

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

NOTICE REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Authority: Section 105$.5, Water Code.

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

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

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

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

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

Page 2 of 24 ends

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

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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

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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

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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

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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

Page 12 of 24 ends

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
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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
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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.

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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
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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.

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Agreement No.: SWRCB0000000000D2002017

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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
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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.

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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).

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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."
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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
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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. 15.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Zone Change from RM-3 (High Density Residential) to CG (General and Service Commercial) for Panaderia La Cosecha located at 23 North F Street SOURCE: Community Development
BACKGROUND: In June 2022, City staff received an application for the development of a new Bakery, “Panaderia La Cosecha”, to be located at 23 North F Street.

COMMENT: The Project Review Committee reviewed the project on June 22, 2022. The project proposes to construct a new 1,640 square foot bakery on a vacant lot. The Land Use Diagram of the Porterville 2030 General Plan designates the site as General and Service Commercial, while the site is zoned RM-3 (High Density Residential). Prior to development of the site, the zoning must be brought into conformity with the General Plan. The property has been vacant since 1998, when a demolition permit (B11-98-13) was issued to authorize demolition of an existing dwelling.

ANALYSIS: Project Location: The project is located on a 0.17± acre parcel (APN 260- 204-009) on the west side of “F” Street just north of Olive Avenue.

Specific Request: The project proposes a zone change for a 0.17± acre parcel from RM-3 (High Density Residential) to CG (General and Service Commercial).

General Plan: The General Plan Land Use diagram identifies the site as General and Service Commercial.

Current Zoning: RM-3 (High Density Residential).

Proposed Zoning: CG (General and Service Commercial).

Present Use: The subject site is currently a vacant lot.

Surrounding Land Use and Zoning:

North: Residential Use (Single Family Residential), zoned RM-3 South: Commercial Use (Retail, Office), zoned CG
East: Commercial Use (Restaurant/Bakery), zoned CG
West: Residential Use (Single Family Residential), zoned RM-3 Commercial Use (Restaurant), zoned CG
Item No. 15.

The proposed zone change to CG (General and Service Commercial) is consistent with the development standards for the CG zoning District. The CG zone is intended to accommodate retail and service uses that meet local and regional demand, will advance the goals and objectives of, and is consistent with the policies of the General Plan. The future development will be required to adhere to current applicable development standards. It is not anticipated that this zone change or the associated development would have a negative impact on the surrounding properties or the environment.

ENVIRONMENTAL
REVIEW:

Because the proposed rezoning is intended to provide consistency with the General Plan and would facilitate development of an exempt facility, the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, subdivision (c). A Notice of Exemption will be filed with the Tulare County Clerk if the City Council approves the project.

Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing structures from one use to another where only minor modifications are made in the exterior of the structure. The number of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to:
c. A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to receive input regarding the proposed zone change; and

2. Approve the draft Ordinance, give first reading and order the Ordinance to print.

ATTACHMENTS: 1. Draft Ordinance

2. Locator Map

3. Zoning Map

4. General Plan Land Use Diagram

5. Site Plan
Item No. 15.

Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
ORDINANCE NO. ___-2023

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF ZONE CHANGE (PRC 2022-012-Z), FROM RM-3 (HIGH DENSITY RESIDENTIAL) TO CG (GENERAL AND

SERVICE COMMERCIAL) FOR THE DEVELOPMENT OF A FUTURE BAKERY WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of January 17, 2023, conducted a public hearing to consider findings in support of Zone Change PRC 2022-012-Z, being a change from RM-3 (High Density Residential) to CG (General and Service Commercial) for the parcel located at APN 260-204-009; and WHEREAS: on January 7, 2023, a notice was published in The Porterville Recorder setting the date, and place of a public hearing for January 17, 2023 and similar notices were sent to owners of property within 300 feet of the Site and posted at City Hall and the City’s website announcing the same; and
WHEREAS The City Council of the City of Porterville received testimony from all interested parties related to said Zone Change; and
WHEREAS: The Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15303(c), New Construction or Conversion of Small Structures, said preliminary determination based on the requisite criteria and substantiated in the record:

1. Class 3 consists of construction and location of limited number of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing structures from one use to another where only minor modification are made in the exterior of the structure. The number of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to
c. A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial building not exceeding 10,000 square feet on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding; WHEREAS: The City Council made the following findings that the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted.
a. The project supports and complies with the following General plan guiding policies:
• LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the city.

Resolution No. ____-2022

Page 2 of 4 ends

• LU-G-3: Promote sustainability in the design and development of public and private development projects.
• LU-G-5: Ensure that new development pays for the public pays for the public facilities and infrastructure improvements required to meet the demands resulting from that growth.
• ED-G-2: Retain, improve, and promote existing businesses in Porterville. • ED-G-5: Retain existing local businesses and foster local start-ups. • ED-G-7: Create an image for Porterville that will attract and retain economic activity.
b. The location of the proposed building and proposed zoning of General and Service Commercial will not be detrimental to the public health, safety welfare, or materially injurious to properties or improvements in the vicinity.

WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to said Zone Change; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville as follows:

1. That the following described property in the City of Porterville, County of Tulare, State of California, known as Zone Change PRC 2022-012-Z, is hereby rezoned from RM-3 (High Density Residential) to CG (General and Service Commercial), pursuant to Number 2 below, for the parcel described herein as Assessor Parcel Number 260-204-009; and

2. It is further ordained that all record of the City of Porterville, together with the official zoning map of the City of Porterville, shall be changed to show the above-described real property is rezoned from RM-3 (High Density Residential) to CG (General and Service Commercial) for the parcel described above, more particularly shown on the attached map as Exhibit “A”.

3. This ordinance shall be in full force and effect not sooner than thirty (30) days from and after the ordinance’s publication and passage.

4. Future development of site shall comply with the Porterville Development Ordinance and all applicable codes.

PASSED, APPROVED AND ADOPTED on the 17th day of January, 2023. ____________________________
Martha A. Flores, Mayor
ATTEST:

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

VINE AVE

MAPLE ST

WALNUT AVE

OAK AVE

WILLOW AVE
D ST
H ST
F ST
G ST
E ST

OLIVE AVE
Locator Map
PRC 2022-012
Panaderia La Cosecha
@ F Street
Date Printed: 6/17/2022 by the Community Development Department 1 in = 300 feet
±
Project Location

Downtown
Mixed Use
Education
General
and Service
Commercial
High Density
Residential
Medium
Density
Residential

VINE AVE

WILLOW AVE
G ST
F ST
E ST

OLIVE AVE
GPLU
PRC 2022-012
Panaderia La Cosecha
@ F Street
Date Printed: 6/17/2022 by the Community Development Department 1 in = 200 feet
±
Project Location

Item No. 16.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Villas at Sierra Meadows 4 & 5 Development Project SOURCE: Community Development
COMMENT: The City's Project Review committee began its assessment of PRC 2020-48 on January 6, 2021. As City comments were incorporated into the project, it was subsequently discussed at PRC meetings on May 26, 2021 and September 29, 2021. Formal project submittal was on December 17, 2021. The proposed project consists of several development entitlements: an amendment to the General Plan Land Use Diagram, a conditional use permit, a tentative subdivision map, and annexation. The project would result in the annexation and development of APN 269-060-020, consisting of approximately 20.23 acres located at the southwest corner of W. Gibbons Avenue and S. Jaye Street.

Development would generally include subdivision of the project site into eighty (80) lots for single-family use, construction of a 0.86-acre park, construction of interior local streets and necessary onsite infrastructure, and improvements within abutting major street rights-of-way.

Upon completion of the draft Initial Study/Mitigated Negative Declaration (IS/MND), notices of intent and completion were filed in accordance with CEQA. The IS/MND was sent to the State Clearinghouse (SCH No. 2022120369) and circulated for a period of thirty (30) days starting on December 16, 2022. The City published a public hearing notice and provided a public hearing notice to property owners within 300 feet of the proposed project on January 7, 2023, notifying the public of the Public Hearing scheduled for January 17, 2023. On January 10, 2023, the City received a comment letter from the Department of Toxic Substances Control requesting additional environmental site assessment based on the current agricultural use. After consultation with CEQA specialists, a determination was made to recommend continuing the Public Hearing to February 21, 2023, to allow time for additional environmental site assessment to be conducted in accordance with the comments received.

RECOMMENDATION: That the City Council continue the Public Hearing scheduled to consider the entitlements for PRC 2020-48 to February 21, 2023.

ATTACHMENTS: 1. Locator Map

2. Department of Toxic Substances Control Comment Letter dated January 10, 2023
Appropriated/Funded:

Item No. 16.

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager

PEARSON ST

STACIE AVE

CHESS TERRACE ST

MESA OAK ST

MELINDA AVE

YATES AVE

KESSING ST

HEMLOCK AVE

JAYE ST

GIBBONS AVE
Locator Map
PRC 2020-048
Smee TSM
Gibbons & Jaye
Date Printed: 12/18/2020 by the Community Development Department 1 in = 500 feet
Project Location
City Limits
Printed on Recycled Paper

SENT VIA ELECTRONIC MAIL
January 10, 2023
Mr. Jason Ridenour
City of Porterville
291 N. Main Street
Porterville, CA 93257
[email protected]
MITIGATED NEGATIVE DECLARATION FOR VILLAS AT SIERRA MEADOWS 4 & 5 RESIDENTIAL PROJECT – DATED DECEMBER 2022 (STATE CLEARINGHOUSE NUMBER: 2022120369)
Dear Mr. Ridenour:

The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration (MND) for the Villas at Sierra Meadows 4 & 5 Residential Project (Project).

The Lead Agency is receiving this notice from DTSC because the Project includes one or more of the following: groundbreaking activities, work in close proximity to a roadway, importation of backfill soil, and/or work on or in close proximity to an agricultural or former agricultural site.

The MND references the listing compiled in accordance with California Government Code Section 65962.5, commonly known as the Cortese List. Not all sites impacted by hazardous waste or hazardous materials will be found on the Cortese List. DTSC recommends that the Hazards and Hazardous Materials section of the MND address actions to be taken for any sites impacted by hazardous waste or hazardous materials within the Project area, not just those found on the Cortese List. DTSC recommends consulting with other agencies that may provide oversight to hazardous waste facilities and sites in order to determine a comprehensive listing of all sites impacted by hazardous waste or hazardous materials within the Project area. DTSC hazardous waste facilities and sites with known or suspected contamination issues can be found on DTSC’s EnviroStor data management system. The EnviroStor Map feature can be used to locate hazardous waste facilities and sites for a county, city, or a specific Mr. Jason Ridenour
January 10, 2023

Page 2 ends

address. A search within EnviroStor indicates that numerous hazardous waste facilities and sites are present within the Project’s region.

DTSC recommends that the following issues be evaluated in the Hazards and Hazardous Materials section of the MND:

1. A State of California environmental regulatory agency such as DTSC, a Regional Water Quality Control Board (RWQCB), or a local agency that meets the requirements of Health and Safety Code section 101480 should provide regulatory concurrence that the project site is safe for construction and the proposed use.

2. The MND should acknowledge the potential for historic or future activities on or near the Project site to result in the release of hazardous wastes/substances on the Project site. In instances in which releases have occurred or may occur, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. The MND should also identify the mechanism(s) to initiate any required investigation and/or remediation and the government agency who will be responsible for providing appropriate regulatory oversight.

3. Refiners in the United States started adding lead compounds to gasoline in the 1920s in order to boost octane levels and improve engine performance.

This practice did not officially end until 1992 when lead was banned as a fuel additive in California. Tailpipe emissions from automobiles using leaded gasoline contained lead and resulted in aerially deposited lead (ADL) being deposited in and along roadways throughout the state. ADL-contaminated soils still exist along roadsides and medians and can also be found underneath some existing road surfaces due to past construction activities. Due to the potential for ADL-contaminated soil, DTSC recommends collecting soil samples for lead analysis prior to performing any intrusive activities for the Project described in the MND.

4. If any projects initiated as part of the proposed Project require the importation of soil to backfill any excavated areas, proper sampling should be conducted to ensure that the imported soil is free of contamination. DTSC recommends the imported materials be characterized according to DTSC’s 2001 Information Advisory Clean Imported Fill Material.

5. If any sites included as part of the proposed Project have been used for agricultural, weed abatement or related activities, proper investigation for organochlorinated pesticides should be discussed in the MND. DTSC Mr. Jason Ridenour
January 10, 2023

Page 3 ends

recommends the current and former agricultural lands be evaluated in accordance with DTSC’s 2008 Interim Guidance for Sampling Agricultural Properties (Third Revision).

DTSC appreciates the opportunity to comment on the MND. Should you choose DTSC to provide oversight for any environmental investigations, please visit DTSC’s Site Mitigation and Restoration Program page to apply for lead agency oversight. Additional information regarding voluntary agreements with DTSC can be found at DTSC’s Brownfield website.

If you have any questions, please contact me at (916) 255-3710 or via email at [email protected].

Sincerely,
Gavin McCreary, M.S.

Project Manager
Site Evaluation and Remediation Unit
Site Mitigation and Restoration Program
Department of Toxic Substances Control
cc: (via email)
Governor’s Office of Planning and Research
State Clearinghouse
[email protected]
Mr. Dave Kereazis
Office of Planning & Environmental Analysis
Department of Toxic Substances Control
[email protected]
Item No. 17.

CITY COUNCIL AGENDA – JANUARY 17, 2023
SUBJECT: Consideration of Amendments to the City Council Procedural Handbook SOURCE: City Manager's Office
COMMENT:

With the seating of the new City Council, it is appropriate for the Council to consider its Procedural Handbook for ratification or potential amendments that the new Council may desire. The prior City Council last considered and approved revisions to the City Council Handbook at its meeting on December 17, 2019 (please see attached).

In its preliminary consideration at its meeting on December 20, 2022, Mayor Flores recommended that the Order of Business for Council meetings be modified by the moving of Council AB 1234 from prior to the Consent Calendar to after Scheduled Matters. A draft resolution has been drafted for Council's consideration in revising the Order of Business on the Agenda. In addition, with inquiries from the Council and new legal requirements, City Attorney Lew has prepared a draft policy concerning use of social media to be considered for inclusion in the Handbook (please see attached). The Council continued its consideration of amendments to the Handbook until its meeting of January 17, 2023, and that members of Council could submit additional recommended modifications. Council Member Weyhrauch has recommended several amendments to the Handbook, which are also attached for the Council's consideration.

RECOMMENDATION: That the City Council consider amendments to its Procedural Handbook and provide direction to staff as determined.

ATTACHMENTS: 1. City Council Procedural Handbook

2. Draft Resolution re Order of Business

3. Draft Policy Concerning Use of Social Media

4. Council Member Weyhrauch Recommended Handbook
Amendments
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Item No. 17.

Final Approver: John Lollis, City Manager

CITY COUNCIL

PROCEDURAL

HANDBOOK
The Office of City Clerk
291 North Main Street
Porterville, CA 93257
Tel: (559) 782-7464
Fax: (559) 782-7452
www.ci.porterville.ca.us
As Authorized by the City Council on December 17, 2019
City Council Procedural Handbook
As authorized December 17, 2019

Page 2 of 25 ends

TABLE OF CONTENTS
I. PREAMBLE 4
II. MEETINGS OF COUNCIL 5
A. Regular Meetings 5
B. Adjourned Meetings/Study Sessions 5
C. Special Meetings 6
D. Order of Business 6
E. Consent Items 7
III. MEETING PROCEDURES 8
A. Presiding Officer 8
B. Quorum 8
C. Discussion Rules 8
IV. COUNCIL REQUESTS FROM THE PUBLIC 10
A. Response to Letters from the Public 10
B. Referrals to Council Agenda 10
C. Telephone Calls 11
D. Personal Meetings 11
E. Personal Correspondence 12
F. Out-of-District Requests 12
G. Proclamation Approval Process 12
V. COUNCIL MEMBER REQUESTS TO STAFF 13
A. General Information 13
B. Research 13
C. Items for Inclusion in Council Agenda 13
VI. COUNCIL AGENDA 15
A. Preparation 15
B. Deadlines 15
C. Delivery 15
VII. THE BROWN ACT 16
VIII. TRAVEL, MEETINGS & EXPENSES 17
A. Requests for Reservations 17
B. Travel and Expense Form 18
C. Receipts 18
D. Eligibility 18
E. Event Tickets 19
F. Council Member Meetings with District Constituents 19 City Council Procedural Handbook
As authorized December 17, 2019

Page 3 of 25 ends

19 IX. CONFLICT OF INTEREST 20
A. City Council Members’ Filing Requirements 20
B. Other Agencies 22
C. Redevelopment Agency Filing Requirements 22
D. City of Porterville Conflict of Interest Code 22
X. GENERAL ITEMS 23
A. Different Hats 23
B. Compensation 23
C. Issuance of Laptop Computers to Council Members 23
D. Directions to Support Staff 23
E. City Attorney 24
F. Annual City Manager/City Attorney Evaluations 24
G. Response to President/Governor Directives 24
APPENDICES 25
A. Resolution 100-2019, Order of Business
B. Resolution 99-2012, Ticket Policy
C. Annual City Manager/City Attorney Evaluation Forms
D. Electronic Device, Internet and Email Policy
E. Email Retention Policy
City Council Procedural Handbook
As authorized December 17, 2019

Page 4 of 25 ends

Porterville City CouncilJanuary 17, 2023

Porterville City Council
January 17, 2023