Porterville City Council
March 21, 2023

City Council Agenda March 21, 2023

AMENDED CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 21, 2023, 5:30 PM
The City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. 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 – Amended City Council Meeting of March 21, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/88167877382?pwd=Y29qOG9MS0kzOUZXYnhPSllGYzIvZz09 Or via Telephone: 1-669-900-6833 Webinar ID: 881 6787 7382 Passcode: 466698 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 252-193-008. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and CA Medical Imaging. Under Negotiation: Terms and Price.

2 - Government Code Section 54956.95 – Liability Claim: Claimants: Bertha Ruiz, Charlie David Montoya, Karen Marlene Montoya, and Jonathan Salvador Montoya. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Donald Sweeney. Agency claimed against: City of Porterville.

4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three (3) 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 March 21, 2023

6 - Government Code Section 54957 - Threat to Public Services or Facilities: Consultation with Jake Castellow, Porterville EOC Incident Commander. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON

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

PRESENTATIONS
Legacy Award - The Press Shop
Tulare County Economic Development Corporation

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.

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

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - March 02, 2023

2. Library & Literacy Commission - March 14, 2023

3. Arts Commission

4. Animal Control Commission

5. Youth Commission

6. Transactions and Use Tax Oversight Committee (TUTOC)

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. City Council Minutes of December 20, 2022, and March 7, 2023 Re: Considering approval of the City Council Meeting draft Minutes of December 20, 2022, and March 7, 2023.

2. Purchase of Firefighter Ballistics Protective Equipment Re: Consideration to authorize the purchase of seven sets of Firefighter Ballistic Equipment from Bullitproof IT, LLC at a cost of $16,578.68 plus a ten percent (10%) contingency for a total of $18,236.55.

3. Authorization to Purchase Specialized Repair Equipment - Screw Press City Council Agenda March 21, 2023

Re: Consideration to authorize the purchase of specialized equipment from HUBER Technology, Inc. for a not-to-exceed amount of $30,045 which includes freight, taxes and a ten percent (10%) contingency.

4. Authorization to Distribute Request for Proposals for the Third Year of the Five-Year Permanent Local Housing Allocation (PLHA) Plan
Re: Consideration to authorize staff to distribute a Request for Proposals for $586,270 for the third year of the five-year Permanent Local Housing Allocation (PLHA) Plan.

5. Authorization to Distribute a Request for Qualifications for Consultant Services - ADA Self-Evaluation and Transition Plan
Re: Consideration to authorize staff to distribute a Request for Qualifications for the ADA Self-Evaluation and Transition Plan.

6. Community Civic Event - Sequoia Family Medical Center - Sequoia Arbor Day 5k Run/Walk and Health Fair - April 29, 2023
Re: Consideration to approve the Community Civic Event application from Sequoia Family Medical Center to hold the Sequoia Arbor Day 5k Run/Walk and Health Fair on April 29, 2023, from 6:30 a.m. to 12:00 p.m. along the Tule River Parkway.

7. Community Civic Event - Parenting Network - Calling All Superheroes - April 5, 2023 Re: Consideration to approve the Community Civic Event application from the Parenting Network to hold the "Calling All Superheroes" event on Wednesday, April 5, 2023 at Zalud Park from 2:00 p.m. to 4:00 p.m.

8. Community Civic Event - Tule River Economic Development Corporation - Autism Awareness Car Show - April 1, 2023
Re: Consideration to approve the Community Civic Event application from the Tule River Economic Development Corporation to hold the Autism Awareness Car Show event on Saturday, April 1, 2023, from 9:00 a.m. to 4:00 p.m. at the City parking lot adjacent to Landing 13 at 152 N. Hockett Street.

9. Community Civic Event - Summit Charter Academy - Fun Run - March 24, 2023 Re: Consideration to approve the Community Civic Event application from Summit Charter Academy to hold the "Fun Run" event on March 24, 2023, from 9:00 a.m. to 10:00 a.m.; and request the closure of Lombardi Street at the intersection of Lombardi and the access road south of Summit Charter Academy, Lombardi campus, and the use of the sidewalk along the school to the said intersection for the Fun Run.

10. Community Civic Event - Comision Honorifica Mexicana Americana Inc - Annual Cinco de Mayo Celebration Parade and Fiesta - May 6-7, 2023 Re: Consideration to approve the Community Civic Event application from the Comision Honorifica Mexicana Americana, Inc. to hold the Annual Cinco de Mayo Celebration on Main Street on Saturday, May 6, 2023, from 10:00 a.m. to 12:00 p.m. as well as a fiesta at Veterans Park on Sunday, May 7, 2023, from 10:00 a.m. to 7:00 p.m.

11. Review of City Participation in the Tulare County Regional Transit Agency Re: Review and consideration of the City's continued participation in the Tulare County Regional Transportation Agency.

12. Authorization of Out-of-State Travel
City Council Agenda March 21, 2023

Re: Consideration of authorization for out-of-state travel and per diem expenses for three Fire Department personnel to the Pierce Manufacturing Facility, located in Wisconsin, for the evaluation and planning of Ladder Truck and Fire Engine design.

13. City Council Member Requested Agenda Item - Consider Authorization to Distribute a Request for Qualifications to Add to the List of Qualified Material Testing Firms and Annual Review by City Council
Re: Consider Council Member Meister's request to consider authorization to distribute a Request for Qualifications to add to the list of qualified material testing firms and annual review by Council.

14. Status and Review of Local Drought Emergency
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. Modification to Conditional Use Permit 10-88 and Classification of Nonconforming Use for Krayola Korner
Re: Consideration to find the proposed project exempt from CEQA under CEQA Guidelines Section 15301; classify the existing Daycare as a Class I Nonconforming Use; and adopt the draft Resolution approving the modification to Conditional Use Permit 10-88 for Krayola Korner, subject to conditions of approval.

SCHEDULED MATTERS

16. 2022 Housing Element Annual Performance Report
Re: Consideration to review the 2022 Annual Housing Element Progress Report and direct the Community Development Department to submit the report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).

17. Porterville Development Ordinance Comprehensive Update Re: Consideration of the Council to provide input on the development of the update to the Development Ordinance
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

1. Ribbon Cutting Ceremony: EECU - March 8, 2023

2. CalVans Board - March 9, 2023 - Canceled

3. Wall of Fame Ceremony - March 10, 2023

4. Tulare County Water Commission - March 13, 2023

5. Tulare County Regional Transit Authority (TCRTA) Study Session - March 14, 2023

6. Tulare County Task Force on Homelessness - March 15, 2023 - Canceled City Council Agenda March 21, 2023

7. City Selection Committee - March 15, 2023 - Canceled

8. Council of Cities - March 15, 2023 - Canceled

9. Police Officer Swearing-In Ceremony - March 16, 2023 - Canceled

10. TCAG Board Retreat - March 16, 2023 - Canceled

11. City/Tribe Casino MOU Meeting - March 16, 2023 - Canceled

12. PADA Board- March 17, 2023 - Canceled

13. Tulare County Association of Governments (TCAG) - March 20, 2023

14. Tulare County Regional Transit Authority (TCRTA) - March 20, 2023

ORAL COMMUNICATIONS

OTHER MATTERS

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

ADJOURNMENT - to the meeting of April 4, 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.

Item No. 1.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: City Council Minutes of December 20, 2022, and March 7, 2023 SOURCE: Administrative Services
COMMENT: Staff has prepared the draft Minutes of December 20, 2022, and March 7, 2023, for the Council's consideration.

RECOMMENDATION: That the Council approve the draft Minutes of December 20, 2022, and March 7, 2023.

ATTACHMENTS: 1. 2022_12_20 DraftMinutes

2. 2023_03_07 DraftMinutes
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: Fernando Gabriel-Moraga, Deputy City Clerk

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
DECEMBER 20, 2022, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None.

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: CEI - Dentsply Sirona Inc., / Erin Wood. Agency Claimed Against: City of Porterville. 3 - Government Code Section 54856.95 - Liability Claim: Application for leave to present a late claim. Applicant/Claimant: Chessie Allen. 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.
6:36 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-3, as follows:

A-3. On a MOTION made by Council Member Meister, and SECONDED by Council Member Beltran the City Council unanimously denied the Application for Leave to Present a Late Claim filed by Chessie Allen.

Documentation: M.O. 01-122022
Disposition: Claim Rejected.

The Pledge of Allegiance was led by Vice Mayor Carrillo.

Invocation – a moment of silence was observed.

PRESENTATIONS
Employee of the Month - Karina Galindo
Porterville Fire Department - Emergency Incident Recognition

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, spoke of his experience using the Uber app and the TransPort Vans within the city and stated that a representative should reach out to UBER to fix their mapping issues; and welcomed the two new council members. • Richard Eckhoff, Porterville, stated the Buck Shaffer Spectacular at the Porterville Memorial Auditorium will be back, after a two-year hiatus due to Covid and gave history of the how the Buck Shaffer Spectacular began.
• Kristy Martin, Porterville Chamber of Commerce; welcomed the new council members, spoke of the recent Porterville Christmas Parade and Float Winners; spoke of a ribbon cutting at the Palace Kitchen and Bar; and spoke of the cancellation of the Government Affairs Committee meeting for December.
• Milt Stowe, Porterville, spoke of a recent donation of a little library that was given by the Brewster to him, and asked if the council would consider his request in placing the Little Library on the porch area of the IT building next to the fire department; and wished everyone a Merry Christmas.
• Marco Galina, Porterville, welcomed the new council members, and wanted to follow up with his concerns regarding Giovanni’s Pizzerias award being rescinded.

AB 1234 REPORTS
Mayor Flores moved all AB1234 reports to after Scheduled Matters.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - December 1, 2022 Commissioner Janet Uresti reported on the Youth Basketball League, Adult Flag Football League, Zalud House Candlelight Tours, Senior Christmas Luncheon, Christmas Decorating Contest, New Years Eve Gala, Military Banner Program Deadline, and the Virtual Bingo.

2. Library & Literacy Commission - December 13, 2022
Commissioner Edith La Vonne reported on three videos that were provided by the Porterville High School Multimedia and Technology Academy; and several meetings that have been held at the facility such as a free Medicare class and pie event, tule river youth wellness resource center, and virtual story time event.

3. Arts Commission – no report.

4. Animal Control Commission – no report.

5. Youth Commission - December 13, 2022 – no report was provided.

6. Transactions And Use Tax Oversight Committee (TUTOC) no report.

II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - November 2022

2. Appointment of City Council Members to Various Committees and Boards

CONSENT CALENDAR
Council Member Donald Weyhrauch requested that Item No. 4 be removed for further discussion.

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Greg Meister that the City Council approve Items Nos. 1-3, and 5-13. The motion carried unanimously.

1. AUTHORIZATION TO PURCHASE DOWNTOWN TRASH RECEPTACLES Recommendation: That the City Council authorize the purchase of Downtown trash receptacles from Zoom Recreation utilizing ARPA funds to address public health in the amount of $22,416.89.

Documentation: M.O. 02-122022
Disposition: Approved.

2. AUTHORIZATION TO REPAIR TRACTOR
Recommendation: That the City Council:

1. Authorize the clutch replacement and repair of a Parks Division tractor by Farmer's Tractor & Equipment Co. at a cost not to exceed $9,327 (inclusive of all parts, taxes, labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

Documentation: M.O. 03-122022
Disposition: Approved.

3. EAST PORTERVILLE WATER CONNECTION SECOND DWELLING UNIT:

APN 262-034-010

Recommendation: That the City Council adopt the draft Resolution approving the second water service connection.

Documentation: Resolution No. 115-2022
Disposition: Approved.

5. ACCEPTANCE OF DONATION OF REAL PROPERTY: APN 260-300-030 Recommendation: That the City Council:

1. Adopt the draft Resolution for the acceptance of the donation of real property; and

2. Authorize the Mayor and City Manager to sign all necessary documents to complete the transfer of the property.

Documentation: Resolution No. 117-2022
Disposition: Approved.

6. AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE

CALIFORNIA STATE LIBRARY BUILDING FORWARD LIBRARY

INFRASTRUCTURE PROGRAM GRANT
Recommendation: That the City Council adopt the draft Resolution for the California State Library Building Forward Grant.

Documentation: Resolution No. 118-2022
Disposition: Approved.

7. RENEWAL OF AIRPORT LEASE AGREEMENT - LOT NO. 44B
Recommendation: That the City Council approve the renewal of the Lease Agreement between the City and Michael Quatacker and Debbie Quatacker for Lot No. 44B at the Porterville Municipal Airport for a term of ten (10) years.

Documentation: M.O. 04-122022
Disposition: Approved.

8. AMENDMENT TO THE PAY RATE SCHEDULE FOR SEASONAL AND

PART-TIME EMPLOYEES
Recommendation: That the City Council:

1. Adopt the draft Resolutions amending the City's Employee Pay and Benefit Plan; and

2. Authorize the Mayor to execute these and other documents necessary to implement the provisions hereof.

Documentation: Resolution No. 119-2022, Resolution No. 120-2022 Disposition: Approved.

9. ESTABLISHING AN INFORMATION TECHNOLOGY TECHNICIAN

CLASSIFICATION WITHIN THE FINANCE DEPARTMENT
Recommendation: That the City Council:

1. Authorize the establishment of a new classification of Information Technology Technician within the Finance Department; and

2. Direct Human Resources staff to prepare all necessary documentation to establish said classification.

Documentation: M.O. 05-122022
Disposition: Approved.

10. AUTHORIZATION OF CHRISTMAS EVE LIBRARY CLOSURE
Recommendation: That the City Council authorize the closure of the temporary library on Saturday, December 24, 2022.

Documentation: M.O. 06-122022
Disposition: Approved.

11. CANCELLATION OF JANUARY 3, 2023, CITY COUNCIL MEETING Recommendation: That the City Council cancel the January 3, 2023, City Council Meeting.

Documentation: M.O. 07-1220222
Disposition: Approved.

12. REAFFIRM CONDITIONS OF STATE ASSEMBLY BILL 361 TO

CONTINUE REMOTE ATTENDANCE AT PUBLIC MEETINGS
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.

Documentation: Resolution No. 121-2022
Disposition: Approved.

13. STATUS AND REVIEW OF LOCAL EMERGENCY DROUGHT

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.

Documentation: M.O. 08-122022
Disposition: Approved.

SCHEDULED MATTERS

14. CONSIDERATION OF STATUS REPORT ON CONDITIONAL USE PERMIT CONCERNING 180 SOUTH "E" STREET
Recommendation: That the City Council consider the report and provide direction as deemed appropriate.

City Manager Lollis introduced the item and Assistant City Manager Jason Ridenour presented the staff report and noted that Staff met with the applicant and the applicant’s agent on December 1, 2022, to discuss questions that the applicant had pertaining to the comments and corrections provided in response to the applicant’s building permit application. The applicant noted during the meeting that his agent would be resubmitting plans shortly. Ridenour stated the applicant had not submitted updated plans to be reviewed for the issuance of the required building permits outlined in Resolution 40-2022.

Documentation: None
Disposition: Informational only. Update was given to council.

15. CONSIDERATION OF THE CITY COUNCIL PROCEDURAL HANDBOOK Recommendation: That the City Council consider its Procedural Handbook and provide direction to staff as determined.

City Manager Lollis introduced the item and presented the staff report.

Mayor Flores recommended that the Order of Business for Council meetings be modified by the moving the Council AB 1234 from prior to the Consent Calendar to after Scheduled Matters. In addition, with inquiries from the Council and new legal requirements, City Attorney Lew was directed to prepare a draft policy concerning use of social media to be considered for inclusion in the Handbook.

Council continued its consideration of amendments to the handbook until its meeting of January 17, 2023, and members of Council could submit additional recommended modifications.

Documentation: None.

Disposition: Direction given.

4. IRREVOCABLE OFFER OF DEDICATION FROM BURTON SCHOOL

DISTRICT, A CALIFORNIA PUBLIC SCHOOL DISTRICT
Recommendation: That City Council:

1. Approve the draft resolution accepting the Irrevocable Offer of Dedication from Burton School District, a California Public School District; and

2. Direct the City Clerk to record the Irrevocable Offer of Dedication in the office of the Tulare County Recorder upon the City receiving the final subdivision map for the Brookside Subdivision.

City Manager Lollis introduced the item and noted a real property conflict on pertaining to the item and excused himself from the chambers.

Engineering and Project Management Director Javier Sanchez presented the staff report.

Members of Council voiced their concerns regarding the impacted traffic as a result of the proposed development, to which staff noted that the development itself would help mitigate some traffic concerns, but ultimately, it would not fix them as there will always be traffic in that area.

Staff noted that the sewer lift station that is in the area would need to be moved to better serve the area when the development of the subdivision is under way.

Staff stated under the Subdivision Map Act, they are limited with regard to what can be considered when looking at tentative maps and final maps, but we do have legal obligations to the map.

Staff noted that the intent of the item is to catch up on what should have been done years ago, so that when the final map is near completion, we will have ownership of the area to do improvements.

After a long discussion between the council regarding the traffic issue, sewer impact, and access points, a direction was made to continue this item to a later meeting so that staff can gather more information and answers to Councils concerns on the project.

Documentation: None.

Disposition: Direction given, item to be continued to a future meeting.

Adjourned at 8:22 p.m. to a joint meeting of the Porterville City Council and Successor Agency to the Porterville Redevelopment Agency.

JOINT CITY COUNCIL / SUCCESSOR AGENCY TO THE

PORTERVILLE REDEVELOPMENT AGENCY AGENDA
291 NORTH MAIN STREET, PORTERVILLE, CA 93257
DECEMBER 20, 2022

Roll Call: Council /Agency Member Meister, Council/Agency Member Beltran, Council/Agency Member Weyhrauch, Vice Mayor/Vice Chair Carrillo, Mayor/Chair Flores

WRITTEN COMMUNICATION
None.

ORAL COMMUNICATIONS
None.

JOINT CITY COUNCIL/SUCCESSOR AGENCY SCHEDULED MATTERS

16. APPROVAL OF ADMINISTRATIVE BUDGET AND RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2023-2024
Recommendation: That the Board of the Successor Agency:

1. Adopt the draft Resolution approving the Administrative Budget and the Recognized Obligation Payment Schedule for the period July 1, 2023 through June 30,2024, provided that should any modification be required to the ROPS 2023-24, the Finance Director shall be authorized to make such modification;

2. Direct Successor Agency staff to submit ROPS 2023-24 to the Countywide Oversight Board for approval; and

3. Direct Successor Agency staff to submit the Oversight Board approved ROPS 2023-24 to the County Auditor-Controller, the State Controller's Office and the California Department of Finance by February 1, 2023.

City Manager Lollis introduced the item and Finance Director Maria Bemis presented the staff report.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Donald Weyhrauch that the City Council adopt the draft resolution approving the Administrative Budget and the Recognized Obligation Payment Schedule for the period of July 1, 2023 through June 30, 2024, provided that should any modification be required to the ROPS 2023-24, the Finance Director shall be authorized to make such modification; and direct Successor Agency staff to submit ROPS 2023-24 to the Countywide Oversight Board for approval; and direct Successor Agency staff to submit the Oversight Board approved ROPS 2023-24 to the County AuditorController, the State Controller's Office and the California Department of Finance by February 1, 2023.

Documentation: SA Resolution No. 2022-01
Disposition: Approved.

17. APPROVAL OF LAST AND FINAL RECOGNIZED OBLIGATION
PAYMENT SCHEDULE FOR FISCAL YEAR 2024-2025 THROUGH
FISCAL YEAR 2040-2041
Recommendation: That the Board of the Successor Agency:

1. Adopt the draft Resolution approving the Last and Final Recognized Obligation Payment Schedule (ROPS), provided that should any modification be required, the Finance Director shall be authorized to make such modification;

2. Direct staff to submit the Last and Final ROPS to the Countywide Oversight Board for review and approval; and

3. Direct staff to transmit the Oversight Board approved Last and Final ROPS and Oversight Board Resolution to the California Department of Finance for review and approval.

City Manager Lollis introduced the item and Finance Director Maria Bemis presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Donald Weyhrauch that the City Council adopt the draft resolution approving the Last and Final Recognized Obligation Payment Schedule (ROPS), provided that should any modification be required, the Finance Director shall be authorized to make such modification; direct staff to submit the Last and Final ROPS to the Countywide Oversight Board for review and approval; and Direct staff to transmit the Oversight Board approved Last and Final ROPS and Oversight Board Resolution to the California Department of Finance for review and approval. The motion carried unanimously.

Documentation: SA Resolution No. 2022-02
Disposition: Approved.

The Council adjourned at 8:32 p.m. to a meeting to a meeting of the Porterville City Council.

AB 1234 REPORTS

1. Tulare County Economic Development Corporation (TCEDC) Board - December 7, 2022
City Manager Lollis stated the meeting was brief, and topics of discussion was a review of current financials for the organization and prospect activity.

2. Local Initiatives Navigation Center (LINC) Committee Meeting - December 7, 2022 Assistant City Manager Jason Ridenour reported the nomination and vote of a new Chair, and a commute to assist the Kings-Tulare Homeless Alliance in their PIT survey.

3. Leadership Porterville "Local Government Day" - December 8, 2022

Vice Mayor Carrillo stated they met with the Leadership Porterville Members and were asked about their backgrounds and reasons for seeking office, and stated she really enjoyed attending.

Mayor Flores stated it was good to be involved and engaged with the class and a brief history of her involvement in the community over the years and shared with the class of Councils responsibilities.

4. Calvans Board - December 8, 2022
Vice Mayor Carrillo reported on the approval of minutes, approval of the 2023 calendar, fleet activity updates, and informational items.

5. Porterville Area Development Authority (PADA) Board - December 8, 2022 - Cancelled

6. Tulare County Regional Transit Agency - December 8, 2022 Council Member Weyhrauch presented the toll-free call-in number to participate in the meetings, presentations on the Mobility-as-a-service study and Rideco, informational items, approval of minutes, and adoption of resolutions to continue remote attendance.

7. Children's Christmas Parade - December 8, 2022
Mayor Flores spoke of her participation to the event which was well attended and expressed her thanks to Terry Romero and other departments in their support and assistance in the event.

8. Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority - December 12, 2022
Mayor Flores reported on those in attendance, the transportation workshop that included several presentations; and adoptions of resolutions to reaffirm AB 361 and a approving the LTF Claims, informational items regarding the 2022 Amendments to the Brown Act and SB1.

Flores also reported on the Association Consent Calendar which included the approval of minutes, approval of the meeting calendar and adoption of resolutions.

9. Tulare County Water Commission - December 12, 2022 - Cancelled

10. City Employee Holiday Luncheon - December 14, 2022
Mayor Flores stated she looks forward to this event each year and stated it was nice to see all the employees.

Council Member Beltran stated he remembers attending the luncheons as a kid, and was glad to be able to participate at the event.

Council Member Weyhrauch stated it was fun to see the many workers that were in attendance and was able to meet a good number of employees, who expressed their appreciation of the Luncheon.

11. Transit Forum - December 14, 2022 - Cancelled

12. Police Department Badge Pinning Ceremony - December 19, 2022 Vice Mayor Carrillo she was grateful in being able to attend the ceremony and stated it was nice to see all the support form family, friends and coworkers of the new and returning officers.

13. LINC Committee "Point-In-Time" - December 19, 2022
Council Member Beltran reported on those in attendance, recognition of a new chair, approval of minutes with amendments, a report on the budget, and stated the main topic of the meeting was the Point-In-Time Survey.

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, challenged those who are concerned with traffic flow on Lombardi Street, to drive on Newcomb in front of Monache during school pick up times, and recommended that the LINC Committee consider working with the school district and do a survey of the unstably housed students.
• Richard Eckoff, Springville, spoke of the mural repair to the mural at Centennial Park.

OTHER MATTERS
• Council Member Weyhrauch spoke of the General Plan Subcommittee that could be made in the future to review the plan; spoke of the process of the Outstanding Business Award; and gave Kudos to the Redevelopment Agency.
• Council Member Meister spoke of Milt Stowes request of the little library placement; thanked city staff for assisting him as a new Council Member; and said the city does not sleep and thanked the people working during the holidays.
• Vice Mayor Carrillo thanked all city staff and gave prayers to everyone during the holiday season.
• Mayor Flores gave thanks to City Attorney Julia Lew for her efforts in assisting both city staff and Council and is grateful for her; and stated she will be attending the Elks Lodge Dinner honoring the Veterans, will try to attend a CHMA event, and a potential interview by a Porterville College Student.
• City Manager Lollis appreciated the sentiments of council regarding the Christmas Luncheon and thanked the departments involved who made the event happen; and wished everyone a Merry Christmas and New Years.
• Deputy City Clerk Fernando Gabriel-Moraga wished everyone a Merry Christmas and Happy New Years.

CLOSED SESSION
None.

ADJOURNMENT

The Council adjourned at 9:21 p.m. to the meeting of January 17, 2023, at 5:30 p.m.

Fernando Gabriel-Moraga, Deputy City Clerk
SEAL
Martha A. Flores, Mayor

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 7, 2023, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organization: Porterville City Employees Association and Management & Confidential Series. 2 - Government Code Section 54956.95 – Liability Claim: Claimant: Anaberta Champion. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Blanca Dewitt Lopez. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Elyssa Garcia. Agency claimed against: City of Porterville.
5 - 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.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated litigation – Initiation of Litigation: One (1) case. 6:32 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-2, A-3, and A-4, as follows:

A-2. On a MOTION made by Council Member Raymond Beltran, and SECONDED by Council Member Greg Meister the City Council unanimously rejected the claim filed by Anaberta Champion.

Documentation: M.O. 01-030723
Disposition: Claim Rejected
A-3. On a MOTION made by Council Member Raymond Beltran, and SECONDED by Council Member Greg Meister the City Council unanimously rejected the claim filed by Blanca Dewitt Lopez.

Documentation: M.O. 02-030723
Disposition: Claim Rejected
A-4. On a MOTION made by Council Member Raymond Beltran, and SECONDED by Council Member Greg Meister the City Council unanimously rejected the claim filed by Elyssa Garcia.

Documentation: M.O. 03-030723
Disposition: Claim Rejected
The Pledge of Allegiance was led by Council Member Meister Invocation – a member of the public came forward to give an invocation.

PRESENTATIONS
Employee of the Month – Isiah Fajardo
Tulare County Regional Transit Agency - Rich Tree

ORAL COMMUNICATIONS
• Edith Lavone, Porterville, thanked council members for their support on her reporting of the Library and Literacy Commission; spoke of her support of Item No. 6; spoke of the Ponderosa Evacuation; and her record keeping of rainfall through the years. • Brock Neeley, Porterville, presented Council Member Meister with documentation of the government code that pertains to declarations of local emergency. • Kerry Decker, Porterville, voiced her concerns on homelessness and trash within the city and asked how the city will be addressing these issues. • Elizabeth Boothe, Porterville, stated her concerns with the homelessness and trash in the area of Main Street, and stated what can concerned citizens do to help. • Stephanie Torres, Porterville Chamber of Commerce, reported to the council on new ambassadors (Naomi Torres-CSET, Sabrina Breedlove– Legacy Real Estate, Rubina Soto – Galaxy Theaters), welcomed four new Board Members (Dr. Larriann Torres – Porterville Adult School, Ador Cardenas – Eagle Mountain Casino, Taha Saleh – Local Business, Daren Griswold – Insurica), and invited everyone to upcoming events and grand openings. • Josh Flowers, Strathmore, spoke of response times of public safety that are needing to be addressed by the council, and stated that homelessness encampments is a real emergency that is also needing to be addressed.

REPORTS

I. Staff Informational Reports

1. Update Regarding Reported Bicycle Incidents

CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion.

COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Donald Weyhrauch that the City Council approve Items Nos. 1-17. The motion carried unanimously.

1. CITY COUNCIL MINUTES OF FEBRUARY 21, 2023
Recommendation: That the Council approve the draft Minutes of February 21, 2023 Documentation: M.O. 04-030723
Disposition: Approved.

2. AUTHORIZATION TO PURCHASE PLAYGROUND ENGINEERED WOOD FIBER
Recommendation: That the City Council authorize the purchase of playground engineered wood fiber from Park Planet in an amount not to exceed $25,000 from the General Fund Facility Deferred Maintenance/Equipment Replacement Designated Fund.

Documentation: M.O. 05-030723
Disposition: Approved.

3. AUTHORIZATION TO PURCHASE MONITOR NOZZLE FOR AERIAL FIRE

LADDER TRUCK
Recommendation: That the City Council:

1. Authorize the purchase of a monitor nozzle for an aerial fire ladder truck from Burton's Fire, Inc. at a cost not to exceed $9,329 (inclusive of all parts, taxes, freight, including a 10% contingency); and

2. Authorize payment of up to one hundred percent (100%) of the authorized amount upon receipt of invoice approved by the Public Works Director.

Documentation: M.O. 06-030723
Disposition: Approved.

4. AUTHORIZATION TO ADVERTISE FOR BIDS - VILLA STREET

RECONSTRUCTION PROJECT
Recommendation: That the City Council:

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

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

3. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #04-041922;

4. Authorize the Finance Director to appropriate an additional $2,900,045.94 from Measure I Funds to fully fund this project; and

5. Authorize the Finance Director to appropriate an additional $534,504 from Water Replacement Funds to fully fund this project.

Documentation: M.O. 07-030723
Disposition: Approved.

5. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR QUALIFICATIONS

FOR GOLF COURSE DRIVING RANGE NETTING
Recommendation: That the City Council authorize the distribution of a Request for Qualifications for golf course driving range netting.

Documentation: M.O. 08-030723
Disposition: Approved.

6. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR QUALIFICATIONS

FOR DESIGN SERVICES - PORTERVILLE PUBLIC LIBRARY PROJECT Recommendation: That the City Council authorize staff to distribute a Design Services Request for Qualifications for the Porterville Public Library Project.

Documentation: M.O. 09-030723
Disposition: Approved.

7. AWARD OF CONTRACT - REHABILITATE PARALLEL AND CONNECTING

TAXIWAYS PROJECT
Recommendation: That the City Council:

1. Award the contract for the parallel and connecting taxiways rehabilitation project to Teichert Construction in the amount of $4,675,270;

2. Authorize a construction contingency of ten percent (10%) or $467,527;

3. Authorize Tartaglia Engineering to provide construction administration at an estimated cost of $708,300;

4. Authorize the purchase of two lighted closure crosses through the informal bidding process, at an estimated cost of $90,000; and

5. Authorize staff to submit a grant amendment to the FAA to correct the project scope and description and to request additional funds.

Documentation: M.O. 10-030723
Disposition: Approved.

8. INTENT TO ABANDON AND CLOSE TO PUBLIC USE AN UNIMPROVED ALLEY BOUNDED BY MORTON AVENUE AND THE EAST 7.5 FEET OF

THE WILLIAM DUNCAN SUBDIVISION
Recommendation: That City Council:

1. Approve the draft Resolution of intent to abandon an alley bounded by Morton Avenue to the south, and the east 7.5 feet of the William Duncan Subdivision; and

2. Set the City Council meeting of April 4, 2023, as the time and place for the Public Hearing for consideration.

Documentation: Resolution No. 10-2023
Disposition: Approved.

9. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS - ROYAL OAKS, PHASE 2 (GREENVINE, LLC)
Recommendation: That the City Council:

1. Accept the public improvements, including those related to the Landscape & Lighting Maintenance District of the Royal Oaks, Phase 2 Subdivision for maintenance;

2. Authorize the City Clerk to file the Notice of Completion; and

3. Release the payment guarantee thirty-five (35) days after recordation, provided no liens have been filed.

Documentation: M.O. 11-030723
Disposition: Approved.

10. AMENDMENT NO. 1 TO 4CREEKS, INC. SANTA FE BYWAY TRAIL

SERVICE AGREEMENT
Recommendation: That the city Council:

1. Authorize the Engineering & Project Management Director to execute Addendum No. 1 to the 4Creeks, Inc. Service Agreement at an agreed upon fee of $38,320 for the services described herein; and

2. Authorize progress payments up to one hundred percent (100%) of the fee amount and authorize a ten percent (10%) contingency to cover unforeseen costs.

Documentation: M.O. 12-030723
Disposition: Approved.

11. AMENDMENT NO. 2 TO 4CREEKS, INC. BUTTERFIELD STAGE CORRIDOR

SERVICE AGREEMENT

Recommendation: That the City Council:

1. Authorize the Engineering & Project Management Director to execute Addendum No. 2 to the 4Creeks, Inc. Service Agreement at an agreed upon fee of $116,670 for the services described herein; and

2. Authorize progress payments up to one hundred percent (100%) of the fee amount and authorize a ten percent (10%) contingency to cover unforeseen costs.

Documentation: M.O. 13-030723
Disposition: Approved.

12. ACCEPTANCE OF BOARD OF STATE COMMUNITY AND CORRECTIONS

OFFICER WELLNESS AND MENTAL HEALTH GRANT
Recommendation: That the City Council:

1. Authorize City Staff to sign all necessary grant documents; and

2. Authorize a budget adjustment upon receipt and acceptance of the funds.

Documentation: M.O. 14-030723
Disposition: Approved.

13. COMMUNITY CIVIC EVENT - BOYS & GIRLS CLUB OF THE SEQUOIAS - 2023 LOVE OUR KIDS FUN RUN - APRIL 15, 2023
Recommendation: That the City Council approve the Community Civic Event application from Boys & Girls Club of the Sequoias to hold the "2023 Love Our Kids Fun Run" on April 15, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 15-030723
Disposition: Approved.

14. COMMUNITY CIVIC EVENT - PINK HEALS TULARE COUNTY CHAPTER - ROLLIN' RELICS CAR SHOW - MAY 13, 2023
Recommendation: That the City Council approve the Community Civic Event application from Pink Heals Tulare County Chapter to hold the Rollin' Relics Car Show on May 13, 2023 at Veterans Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 16-030723
Disposition: Approved.

15. COMMUNITY CIVIC EVENT - OPTIMIST CLUB OF PORTERVILLE /

PORTERVILLE UNIFIED SCHOOL DISTRICT / BURTON SCHOOL DISTRICT - PORTERVILLE CELEBRATES READING - APRIL 1, 2023
Recommendation: That the City Council approve the Community Civic Event application from the Optimist Club, PUSD, and BSD to hold the "Porterville Celebrates Reading" event on April 1, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 17-030723
Disposition: Approved.

16. TRAVEL TO WASHINGTON D.C. FOR TULARE COUNTY ASSOCIATION OF GOVERNMENTS "ONE VOICE TRIP" - MAY 9-12, 2023
Recommendation: That the City Council:

1. Authorize the travel of Mayor Flores and the City Manager to Washington D.C. as part of the TCAG "One Voice Trip"; and

2. Authorize the expenditure of City monies in support of the trip.

Documentation: M.O. 18-030723
Disposition: Approved.

17. STATUS AND REVIEW OF LOCAL DROUGHT EMERGENCY
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.

Documentation: M.O. 19-030723
Disposition: Approved.

SCHEDULED MATTERS

18. TULARE COUNTY REGIONAL MULTI-JURISDICTION HOUSING ELEMENT UPDATE
Recommendation: That the City Council review and provide input on the development of the 2023-2031 Draft Housing Element Update.

City Manager Lollis introduced the item and City Contracted City Planner Jeff Oneal presented the staff report and gave a power point presentation on the Tulare County Regional Multi-Jurisdictional Housing Element.

Staff reported that the California Department of Housing and Community Development (HCD) has 90 days to review the housing element document and give the city any comments that they may have, but if everything meets all requirements and preliminary approval is given by HCD, than Council can action to formally adopt the housing element, and send it back to HCD for certification.

Staff stated that they will be working with a consultant to prepare a draft of the housing element, which will be brought forth to the Council for consideration of approval and submittal to the California Department of Housing and Community Development (HCD) and the Governors Office of Planning and Research.

Documentation: None.

Disposition: Direction given.

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

1. Calvans Board Meeting - February 9, 2023
Vice Mayor Carrillo reported on those in attendance; discussions on the leasing of a new facility in Lemoore, CA; and spoke of the current fleet of vans that are active.

2. Social Services Transportation Advisory Council - February 14, 2023 Vice Mayor Flores reported on a discussion of Unmet Needs Hearing scheduled for March; and discussions between City of Visalia and staff on the north side route

3. Tulare County Task Force On Homelessness - February 15, 2023 Mayor Flores spoke of a presentation that was given at the meeting that is to be presented to City Council at the next meeting.

4. Tulare County Economic Development Corporation Board Meeting - February 22, 2023 City Manager Lollis reported on the brief meeting and stated the most substantial part of the meeting was a presentation by Kaweah Delta Medical Center talking about the financial impacts and challenges that all hospitals have been experiencing.

5. Internal City Audit Committee Meeting - February 22, 2023 Mayor Flores reported on those in attendance, approval of minutes, review and update of the Porterville Kiwanis Club Agreement, Review of the Tulare County Junior Livestock Show and Community Fair Agreement, and a review of City Property Use Agreements.

6. Tulare County Regional Transit Agency - February 22, 2023 Council Member Weyhrauch wished to carry the report to the next meeting.

7. City/Tribe Casino MOU Meeting - February 23, 2023

Mayor Flores reported on those in attendance, and discussions regarding MOU amendments, public safety cost, water use and road improvements. Flores stated all information was informational only and any action taken will be taken back to each parties respective council for formal approval.

8. San Joaquin Valley Regional Early Action Planning (REAP) Committee Meeting - February 24, 2023
Mayor Flores reported on those in attendance, the adoption of a resolution to allow teleconference meetings, the election of Chair and Vice Chair, approval of minutes, and informational updates on recent REAP activities.

9. Tulare County Association of Governments (TCAG)/City/Tribe Active Transportation Program (ATP) Project Meeting - February 24, 2023
Mayor Flores reported on those in attendance and said the meeting was focused on the updates of the recommended street and pedestrian bridge projects by TCAG, on the Tule River Tribe.

10. Tule River Tribal Council Swearing-In Ceremony - February 27, 2023 Vice Mayor Carrillo reported on those in attendance and spoke of the various members who were also in attendance such as tribal elders, tribal staff and members, and the swearing in which was done by audience of elders, tribal staff, tribal members, and the swearing in which was done by Alec Garfield.

11. TCAG/Tulare County Transportation Authority (TCTA) Board - February 27, 2023 Mayor Flores reported on those in attendance, approval of routine items, approval of the 2023 Active Transportation Program and Metropolitan Planning Organization Component Fund Recommendation, the approval of agreement for the exchange of $1.311 million in Tulare County Association of Governments (TCAG) Regional State Transportation Improvement Program (STIP) shares for $1.311 million of Shasta Regional Transit Agency (SRTA) COVID-STIP shares, approval of minutes, adoptions of resolutions, and appointments of members at large.

12. Tulare County Board of Supervisors Meeting - February 28, 2023 Mayor Flores stated she was in attendance and was invited to do the welcome and shortly after.

Council Member Beltran reported on those in attendance, stated they were recognized for being newly elected to city council and said it was great experience.

Council Member Weyhrauch stated he impressed on the way the board handled their business that evening and spoke of a report on the financial condition of the Kaweah Delta Medical Center and the challenges they currently face. Weyhrauch stated he unfortunately had to leave during the break, but was pleased to see the Board in the chambers.

Council Member Meister also spoke of the challenges that Kaweah Delta Medical Center faces and stated it was an honor to have our County Supervisors in the Council Chambers to conduct business.

13. Local Initiatives Navigation Center (LINC) Committee - March 1, 2023 Council Member Beltran reported on the welcoming and introductions of meeting participants, approval of minutes, a budget report that was given, and Porterville Welcome Center events and updates.

14. TCAG Board Training - March 2, 2023
Vice Mayor Carrillo reported on Measure R Part 2, which focused on financing and funding examples, and different City Manager Perspectives
Council Member Meister stated the meeting was very educational and filled with a lot of information and looks forward to continue to learn going forward.

15. Eastern Tule Groundwater Sustainability Agency (ETGSA) - March 2, 2023 Council Member Weyhrauch reported on those in attendance and stated that due to technical difficulties, he was unable to hear much of the presentation that was provided and invited Public Works Director Michael Knight to give a report on the presentation as he was also in attendance.

ORAL COMMUNICATIONS
None.

OTHER MATTERS
• Council Member Beltran stated it was great to present the Employee of the Month; thanked the Tulare County Regional Transit Agency for its presentation earlier in the evening; and spoke of Council Member Weyhrauchs participation to a conference in Lake Tahoe and wished him safe travels to the conference.
• Council Member Weyhrauch lauded the efforts done by city staff who were working on the streets on North Plano; spoke of a conversation regarding the Cannabis Ad Hoc Committee meeting soon, with Council Member Beltran; spoke of a conversation regarding the General Plan Ad Hoc Committee, with City Manager Lollis; and stated he received a call regarding bicyclists and distracted drivers that may be impacting the public. • Council Member Meister stated the council backs public safety; stated city staff are making efforts to address homelessness within the city; and stated the city should develop an ordinance to take back its local control.
• Vice Mayor Carrillo thanked Council Member Beltran for his comments on TCRTA; stated there are a lot of efforts that is currently going on to address homelessness and trash within the city; mentioned the upcoming storm and wished everyone to be safe and prepared; and spoke of a mural that was done by a local artist and tribal member named Poyomi MdDarment.

• Mayor Martha A. Flores spoke of the Homeless presentation that will be conducted by Claudia Calderon at the next council meeting; stated she is looking forward to the upcoming Wall of Fame Ceremony; and stated that she and City Manager Lollis were invited to do a video that was part of the Eagle Mountain Casino 10 Day Countdown that will air 10 days before the casino opens. Flores also mentioned her invitation to the Public Safety Recognition Dinner, Porterville Colleges Celebration of Woman’s History month, and Woman in Transportation.

• City Manager Lollis spoke of a Police Department Badge Pinning Ceremony in the upcoming week, and expressed his appreciation for the leadership of the council.

The Council reconvened into Closed Session at 8:47 p.m.

CLOSED SESSION
None.

ADJOURNMENT
The Council adjourned at 9:51 p.m. to the meeting of March 21, 2023 at 5:30 p.m.

Fernando Gabriel-Moraga, Deputy City Clerk
SEAL
Martha A. Flores, Mayor
Item No. 2.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Purchase of Firefighter Ballistics Protective Equipment SOURCE: Fire
COMMENT: In 2019, the Porterville Fire Department received Ballistic Protection Equipment through a county-wide grant that enhanced the operational response to active shooter hostile events. This equipment was placed in service and is being used by the Department's engine companies. Through training, it was identified that the Command Staff and Training Captain that operate independently from the engine companies do not have ballistic protective equipment. In order to provide the advanced safety protection required during an active shooter hostile event response, the Department plans to purchase seven additional kits that include specifically coded helmets and vests that identify the firefighters as first responders. This personal protection equipment is a sole source acquisition, given Bulletproof IT, LLC is the only approved provider of the appropriate gear. Bulletproof IT, LLC is the brand that was provided by the county-wide grant and will be used for continuity of training, care, maintenance, and on-scene identification. The cost of the set of ballistic equipment is $16,578.68 with a ten percent (10%) contingency allowance and will be funded by measure I from the Department's current budget.

RECOMMENDATION: That the City Council authorize the purchase of seven sets of Firefighter Ballistic Equipment from Bullitproof IT, LLC at a cost of $16,578.68 plus a ten percent (10%) contingency for a total of $18,236.55.

ATTACHMENTS: 1. Bulletproof IT, LLC Quote
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
D-U-N-S NUMBER- 040434165 CAGE CODE- 6ZWA1
Armor Solutions Specialist

BULLETPROOF IT, LLC
3104 NW 115th St
Vancouver, WA 98685
[email protected]
360-518-2464
QUOTE
TO: Shannon Skiles,Deputy Chief,
Porterville City Fire Dept.

[email protected]
QUOTE NUMBER: 03012023
P.O DATE PO NUMBER SHIPPED VIA F.O.B. POINT TERMS
TBD TBD Lowest Cost Destination Pre pay

QTY UNIT DESCRIPTION UNIT PRICE TOTAL
7 BPI-RTF-VestKit-Black-Fire
1) NIJ Level IIIA Ballistic Rescue Task Force
Vest-Includes Front, Back and Side Armor
inserts with
(1)NAR medic pouch only 80-0169. Black
(2) FIRE Patches
(2) Rescue Task Force Patch
(2) Level IV Stand Alone Shooter Cut Torso
Plate10"X12" 7.4 LB
(1) Revision Viper A3 Full Cut, Black,
NIJ IIIA level threat protection. Helmet
includes 1 NVG hole and the standard Revision
Liner and Harness Systems 4-0525-54
(1) AEGIS ECHO Ballistic Glasses
W/ Clear lenses 90-0067 (1) Gear Carry Bag
Black
$ 2,125.00 $ 14,875.00
SUB-TOTAL $14,875.00
Shipping $300.00
Tax 9.25% $1,403.68
Total $16,578.68
Item No. 3.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Authorization to Purchase Specialized Repair Equipment - Screw Press SOURCE: Public Works
COMMENT: The City's Wastewater Treatment Facility (WWTF) has received a quote from HUBER Technology, Inc. for parts to repair the HUBER screw press. The screw press dewaters digested sludge by mixing the sludge with polymers, then presses the water from the mixture. The dewatered sludge is then hauled to solar beds for further drying prior to land application.

The screw press is proprietary to HUBER Technology, Inc. and is the sole source for repair parts. Due to normal wear and tear of the internal parts, the unit is not operating efficiently, thus allowing excess solids to be returned to the treatment facility. Replacing the worn parts of the screw press will increase efficiency, reduce polymer usage, and eliminate excess solids loading to the treatment facility.

HUBER Technology, Inc. has submitted a quote in the amount of $27,314 for the repair parts. Installation of parts will be performed by the WWTF staff. The expenditure for the repair, in the amount not to exceed $30,045, which includes the repair parts, freight, taxes, and a ten percent (10%) contingency. Repairs will be funded from the 2022-2023 Wastewater Operating Budget.

RECOMMENDATION: That City Council:

1. Award the purchase of specialized equipment to HUBER Technology, Inc. for a not-to-exceed amount of $30,045 which includes freight, taxes and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to HUBER Technology, Inc. for a not-to-exceed amount of $30,045 which includes freight, taxes and a ten percent (10%)
contingency; and

3. Direct the Finance Director to make payment to HUBER Technology, Inc. upon receipt of invoice approved by the Public Works Director.

ATTACHMENTS: 1. HUBER Technology, Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

Item No. 3.

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

Item No. 4.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Authorization to Distribute Request for Proposals for the Third Year of the Five-Year Permanent Local Housing Allocation (PLHA) Plan SOURCE: Community Development
COMMENT: As presented to the City Council at its meeting on May 19, 2020, the California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the Permanent Local Housing Allocation (PLHA) program Notice of Funding Allocation (NOFA). In order to access those funds the City had to adopt a Five-year PLHA Plan.

At its meeting on July 21, 2020, the Council adopted the Five-Year PLHA Plan.

The plan allocates PLHA funding over the next five years, which is estimated to be approximately $2,056,524.

On February 26, 2021, the City received the executed agreement for the FiveYear PLHA plan and Year 1 funding in the amount of $342,754. An amendment to the 5-Year Plan was submitted with the Year 2 application and on December 10, 2021, the City was notified by HCD that the City’s amendment to the 5-Year Plan and application for second year funding was approved. The City received $532,745 for year 2. Funding for the first two years has been awarded via the Request for Proposals (RFP) process and programs are underway.

On February 23, 2023, the City received an executed agreement for the 2021 (third year) PLHA funding in the amount of $586,270.00, totaling $1,461,769 for the first 3 years.

Staff is requesting authorization to distribute a RFP for the PLHA Program, for the third year of the Five-Year PLHA Plan. The PLHA program proposes to:
(1) Provide operating costs for navigation centers; (2) Provide operating costs for emergency shelters and/or bridge housing programs; and (3) Support Permanent Housing Programs by providing operating costs for permanent supportive housing programs.

The selected subrecipient will need to be a qualified, licensed and insured Affordable Housing Developers and/or Nonprofit organizations which can demonstrate institutional, managerial and financial capability to plan, manage and complete the program as described in the RFP.

The RFP will request fixed costs for the above-mentioned tasks and then a comprehensive fee schedule for all personnel, equipment and indirect costs Item No. 4.
related to additional services that may be required.

RECOMMENDATION: That City Council authorize staff to distribute a Request for Proposals for $586,270 for the third year of the five-year Permanent Local Housing Allocation (PLHA) Plan
ATTACHMENTS: 1. Draft Request for Proposals

2. State of California Standard Agreement - Amendment
Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE, STATE OF CALIFORNIA

REQUEST FOR PROPOSAL

PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
THIRD YEAR FUNDING OF 2019-2023 FIVE YEAR PLAN
DRAFT RFP # No. ________
The City of Porterville is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP.

All proposals must be submitted in PDF format electronically to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP # No. _________ Permanent Local Housing Allocation (PHLA) Third Year Funding of 2019-2023 Five Year Plan”. Proposals must be received by Wednesday, April 19, 2023, by 5:00 pm. The City assumes no liability for proposals not received by the time set forth above.

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Monday, April 17, 2023.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprise (DBE) will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, religion or sexual orientation in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of contract.

The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City. /s/Maria Bemis, Finance Director
Publication Dates: March 24, 2023
City of Porterville RFP For Use of PLHA Funds 2 | P a g e

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS FOR PERMANENT LOCAL HOUSING
ALLOCATION (PLHA) THIRD YEAR FUNDING OF 2019-2023 FIVE YEAR PLAN
RFP # No. ___________
The City of Porterville is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP.

Submittal: One PDF file must be received by:

Wednesday, April 19, 2023, by 5:00 pm.

Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. __________ Permanent Local Housing Allocation (PHLA) Third Year Funding of 2019-2023 Five Year Plan
Late proposals will not be accepted and will be automatically disqualified from further consideration.

All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Monday, April 17, 2023.

City of Porterville RFP For Use of PLHA Funds 3 | P a g e

REQUEST FOR PROPOSALS (RFP)

FOR FIVE YEAR PLHA PLAN
I. PROPOSED PROJECT
PROJECT TITLE: PLHA Five Year Plan (2019-2023) - Year 3 Funding GRANTOR: California Department of Housing and Community Development (HCD) PROPOSAL DUE DATE: February 3, 2023
AMOUNT AVAILABLE: Third year up to $586,270 for single or multiple projects, with the possibility of additional funds to be available estimated at $2,056,524 for the five-year plan.

Category Breakdown 2021
Allowable Administration (5%) $ 29,313.50
Navigation Center (25%) $ 146,567.50
Emergency Housing & Bridge Housing (50%) $ 293,135.00
Permanent – Permanent Supportive Housing Operations (20%) $ 117,254.00 $ 586,270.00
ADMINISTRATIVE ALLOWANCE: None. Activity Delivery time is allowed.

TIME PERIOD FOR CONTRACT: One-year grant term for operating or supportive service projects. Funding in 5yr Plan will be announced when received.

IMPORTANT DOCUMENTS:

Please read the following document located at: https://www.hcd.ca.gov/grants-and-funding/programsactive/permanent-local-housing-allocation • Notice of Funding Announcement: Applicants must ensure that program design meets the 2022

HCD NOFA
• Permanent Local Housing Allocation Final Guidelines
• City of Porterville Permanent Local Housing Allocation Five-Year Plan (2019-2023):
https://www.ci.porterville.ca.us/departments/community_development/community_development_ block_grant_program_(cdbg)/index.php
OBJECTIVE: In 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the PLHA program Entitlement and Non-entitlement Local government formula component Notice of Funding Availability (NOFA). This is the 3rd year NOFA funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2021, pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local City of Porterville RFP For Use of PLHA Funds 4 | P a g e governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

The City of Porterville, as an Entitlement Local government, applied and received 2021 formula allocation of PLHA funds in the amount of $586,270. The approximate PLHA five-year formula allocation amount is $2,056,524. PLHA funds must be used to carry out one or more of the eligible activities.

The City of Porterville plans to use PLHA funds for three (3) priorities, distributed over three (3) possible activities that assist persons who are experiencing homelessness or at risk of homelessness. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

The eligible activities in the City’s five-year plan include:

1. Provide operating costs for navigation centers

2. Provide operating costs for emergency shelters and/or bridge housing programs.

3. Support Permanent Housing Programs:
a. Provide operating costs for permanent supportive housing programs.

II. ELIGIBLE APPLICANTS
Affordable Housing Developers and Nonprofit organizations are eligible to apply that can demonstrate institutional, managerial and financial capability to plan, manage and complete the program as described.

III. LOCAL CRITERIA
The recipient or sub-recipient must participate with local priority systems that are in place to include the following; HMIS for data collection, Coordinated Entry System (CES), and project must be financially feasible. Additionally, the activities funded must take place in the city limits of Porterville.

IV. ELIGIBLE ACTIVITIES
The applicant may apply for funding for one or more of the eligible activities.

OPERATING COSTS FOR NAVIGATION CENTERS
PLHA funds can be used for operation costs associated with a new or existing Navigation Center. The Navigation Center would serve as a central location for people who are experiencing homelessness to connect to services to help them obtain housing or overcome barriers in obtaining housing.

OPERATING COSTS FOR EMERGENCY SHELTERS AND/OR BRIDGE HOUSING PROGRAMS.

PLHA funds can be used for operating costs needed to run an emergency shelter and/or operating costs for a bridge housing beds, leading to permanent housing. This will assist in ensuring that low barrier beds for people who have been identified by the local Continuum of Care on Homelessness, the Kings/Tulare Homeless Alliance (KTHA) continue to be available.

PERMANENT HOUSING PROGRAMS: OPERATING COSTS FOR PERMANENT SUPPORTIVE HOUSING

PROGRAMS (PSH)
Permanent housing is community-based housing, the purpose of which is to provide housing without a designated length of stay. PLHA funds may be used for operating costs. PSH can only provide assistance to individuals with disabilities and families in which one adult or child has a disability. Supportive services City of Porterville RFP For Use of PLHA Funds 5 | P a g e designed to meet the needs of the program participants must be made available to the program participants.

Placement or retention in housing must not be conditional upon participation in such services.

PSH Targets Chronically Homeless Individuals
To be eligible, proposed PSH projects must target chronically homeless individuals, as defined by HUD.

PSH is Low-barrier and Follows HUD Housing First Approach To be eligible, proposed PSH projects must be low-barrier and follow the HUD Housing First Approach.

V. GENERAL ELIGIBILITY CRITERIA
Applicants must meet the minimum general eligibility criteria described below:
• Activities must take place in the City limits of Porterville • Organizations must not discriminate on the basis of ethnicity, race, color, creed, religion, gender, national origin, age, disability, marital status, sexual orientation, gender identity, or Veteran’s discharge status.
• Applicants must agree to use the CoC’s CES as the sole referral source for each program component. The CES is the central access and referral point for all homeless individuals seeking housing in City of Porterville. This system will identify the most appropriate housing options while also prioritizing the most vulnerable individuals for placement into permanent housing. The system will then maintain a steady flow of referrals to all available housing options. To ensure these individuals have appropriate access to the program components, a project may need to modify its entrance criteria or use reasonable accommodation to admit tenants who would otherwise not be able to apply. By agreeing to use the coordinated entry system as the sole referral source, applicants agree to make reasonable accommodation to accept the referrals. • Applicants must agree to operate projects under the “Housing First” model, meaning prospective tenants are not required to agree to participate in services prior to entering the housing nor can service participation be a requirement of tenancy. Tenants can be required to adhere to a standard market lease, and their tenancy should be supported by eviction prevention strategies, including the engagement of services as appropriate.
• Multiple organizations may apply as a collaborative or joint venture; however, a lead entity must be designated.
• Organizations must be able to demonstrate capacity to start operations within 90 days of contract award.
• Organizations must have adequate financial capacity to perform proposed operations on a reimbursement basis
• Organizations must submit reports and invoices in a timely manner.

VI. APPLICATION SUBMISSION REQUIREMENTS

APPLICATION PROCESS
Applications from this Request for Proposals (RFP) from Qualified Agencies will be accepted beginning Monday, March 27, 2023 through Wednesday, April 19, 2023. Agencies funded as a result of this RFP are expected to execute contracts with the City of Porterville by July 1, 2023 and begin program operations no later than 60 days from contract execution.

Respondents shall submit a complete RFP application, (including all attachments), to:

All proposals must be submitted in PDF format electronically to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP City of Porterville RFP For Use of PLHA Funds 6 | P a g e No. __________ Permanent Local Housing Allocation (PHLA) Third Year Funding of 2019-2023 Five Year Plan”.

The City will review and evaluate each qualification and proposal submission. The City reserves the right to obtain clarification or request additional information, including an interview. If an interview is required, they will be scheduled for April 20, 2023 to April 25, 2023 (excluding weekend). Proposals will be evaluated and ranked according to the following criteria:

Criteria Points
Understanding of the project and scope of services 40
Experience in the disciples directly relevant to the
project and scope of services
30 Proposed budget and fee structure 30
Following an evaluation of the proposals, it is expected that the selected agency(ies) will be recommended to the City Council for approval. If approved by the City Council, a subrecipient agreement will be executed between the City of Porterville and the selected agency(ies).

The City of Porterville, as a unit of local government, reserves the right to reject any and/or all proposals, reserve the right to waive any formalities or irregularities in the proposal or evaluation process, and reserve the right to award contract(s) in the best interest of the City of Porterville. In addition, the City will not reimburse costs associated with the preparation or presentation of the proposals.

APPLICATION FORMAT
The submitted proposals should contain the following components:
• Applicant Information Form (Attachment A)
• Project Narrative
o Program Description and Design
o Management of Program
o Fiscal Management
o Diversity and Multicultural Competency
• Estimated Spending Plan and Revenue Summary Form (Attachment B)

APPLICANT INFORMATION FORM
See form in Attachment A.

PROJECT NARRATIVE

1. Program Description and Design (Limit your response to 3 pages) a. Program Description
i. Provide a short, one or two sentence explanation of the purpose of this program and what the funds will be used on.
ii. Explain why the program is needed.
b. Provide a detailed description of your entire proposal as below:
i. Describe the scope of the project, including the number of households that will be served annually, the program services and financial assistance that will be offered to address housing and supportive service needs. Detail the program activities under this service model and how each one will help to achieve one or more of the eligible activities listed in the City of Porterville’s PLHA Five-Year Plan.

City of Porterville RFP For Use of PLHA Funds 7 | P a g e ii. Describe annual outcomes the project expects to accomplish throughout the grant period.
iii. Describe how program services and/or other resources within your agency will be used to quickly reduce housing barriers and quickly engage participants in successfully maintaining housing stability.
iv. Describe how your project will achieve geographic dispersion and client choice in offering housing placements throughout the City of Porterville. v. Describe the project timeline for program start-up, hiring staff, and achieving fully operational status.
vi. If the applicant is partnering with another organization to provide housing and/or services to project participants, list the names of the partners and provide information on the specific roles and responsibilities of each. vii. Describe how you intend to measure program effectiveness in terms of outcomes to be achieved.
c. Participants
Describe your agency’s experience in the past two years providing services to persons who are experiencing homelessness or at risk of homelessness. i. Describe how you determined the number of clients to be served with the funding requested in this application.
ii. Describe the population(s) you intend to serve. Explain how the target population is identified, qualified and monitored. How will the project link populations to units of non-time limited housing?
d. Personnel
i. Describe the overall staffing plan to accomplish activities in the proposed program, including project leadership, reporting responsibilities, and daily program operations.
e. Collaboration/Coordination
Describe any formal or informal coordination, partnerships, or collaborations with other organizations proposed in this application.
i. Will the proposed program use subrecipients and/or subcontractors? If yes, please list each partner agency, describe their role as either a subrecipient or contractor, describe what services and the frequency of services that will be offered by the partner agency, and provide a brief description of the partner agency’s experience providing homelessness services.
ii. Describe the organization’s ability to collect data electronically and your agency’s plan to participate in HMIS and/or Coordinated Entry.

2. Fiscal Management (Limit your response to one page)
a. Please outline the organization’s initial program budget, including the availability of other revenue sources. Complete the Estimated Spending Plan and Revenue Summary Form (Attachment B). If the sections do not apply to your program type or you are not requesting funds please enter $0 or N/A. Do not leave sections blank. b. As part of the organization’s initial program budget, please identify all personnel who will provide direct or indirect support of the organization’s proposed services. Include each position title, the number of staff positions within each position title, and the number of Full Time Equivalents (FTEs) within each position title category. Identify additional fund source(s) that pays for each staff member’s salary. These positions should be the same as those listed in the Personnel section of the proposal.
c. Describe how the organization will assure the proper use and safeguarding of public funds and experience using government funds. Does your organization have policies and City of Porterville RFP For Use of PLHA Funds 8 | P a g e procedures regarding the financial operations of the organization? Have recent reviews or audits of the organization by a certified public accountant or other financial professional identified any weaknesses in the organization’s financial internal controls? If so, please provide the written report identifying the weaknesses and describe how the organization has responded to correct weaknesses.
d. Describe the organizations overall financial condition and the applicant’s ability to fund potential cost overruns or other costs not anticipated in the project budget. e. Provide copies of the last single audit and 990 filed

3. Diversity and Multicultural Competency (Limit your response to one page) Cultural Competency is defined as:
• Having a defined set of values and principles, and demonstrating behaviors, attitudes, policies and structures that enable the organization to work effectively in cross-cultural situations; and
• Having the capacity to 1.) value diversity, 2.) conduct self-assessment, 3.) manage the dynamics of difference, 4.) acquire institutional knowledge, and 5.) adapt to diversity and the cultural contexts of the communities being served; and • Incorporating the above in all aspects of policy making, administration, practice, service delivery and involving consumers and key stakeholders.
a. Explain your agency’s philosophy and the specific efforts that are in place to assure that this project will be culturally competent and linguistically accessible for the population that will be served. Be sure to include the following information in your response:
i. Based on your understanding of the target population and subpopulation(s), describe how your project will be culturally relevant, sensitive, and linguistically accessible for the individuals or households that will be served, including efforts related to staffing, outreach and service design (i.e., how the project will help reduce barriers to housing and services for individuals of color and those households for whom English is not the primary language); ii. Describe how the ethno-cultural backgrounds of your project staff and agency board reflect that of the identified population to be served and/or how your agency is working to broaden staff and board diversity and knowledge around cultural competency; and
iii. Describe any means or efforts that are in place to assess the cultural competency of your organization and make changes accordingly.

ESTIMATED SPENDING PLAN AND REVENUE SUMMARY FORM
See Attachment B.

VII. RESPONSIVENESS
All proposals will be reviewed to determine compliance with administrative requirements and instructions specified in this RFP. The Applicant is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive. The City of Porterville also reserves the right at its sole discretion to waive minor administrative irregularities.

City of Porterville RFP For Use of PLHA Funds 9 | P a g e

ATTACHMENTS
A – Applicant Information Form

1. Project title:

2. Project location:

3. Number of households served on a given day: Number of households served annually:

4. Number of individuals served on a given day: Number of Individuals served annually:

5. a. This project is specifically designed to serve the following population:
(Please be very specific and check only those that apply) □ Homeless single adults
□ Homeless families with children
□ Homeless young adults (ages 18 - 25)

5. b. This project is specifically designed to serve the following subpopulation:
(Please check all that apply)
□ Homeless households living on the streets
□ Homeless households living in shelters
□ Homeless households living in transitional housing
□ Persons who are chronically homeless
□ Persons with serious mental illness
□ Persons with significant drug/alcohol addictions
□ Persons with chronic medical condition(s)
□ Persons exiting the foster care system
□ Persons exiting criminal justice facilities
□ Persons exiting mental health or psychiatric inpatient facilities □ Persons exiting residential chemical dependency treatment facilities

6. DUNS Number:

7. Federal Tax ID Number:

8. Contact Information for Project Applicant:

Lead Applicant Agency:
__________________________________________________________________________ Agency Mailing
Address:_________________________________________________________________________ City of Porterville RFP For Use of PLHA Funds 10 | P a g e Total Annual Agency Operating Budget (for all activities of the applicant agency from all sources):
______________
Executive Director Program Manager HMIS Data
Manager
Finance/Bookkeeper
Name
Title
Address (if
different mailing
then above)

Phone
FAX
Email

9. Applicant Type
Nonprofit organization
Affordable Housing Developer

10. Provide the caption, cause number, Court, Counsel, and general summary of any litigation pending or judgment rendered within the past three (3) years against the applicant, as applicable.

11. Indicate the extent, if any, to which the firm, association or corporation or any person in a controlling capacity or any position involving the administration of federal, state or local funds; is currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any agency; has been suspended, debarred, voluntarily excluded or determined ineligible by any agency within the past three (3) years; does have a proposed debarment pending; has been indicted, convicted or has a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or misconduct with the past three (3) years.

City of Porterville RFP For Use of PLHA Funds 11 | P a g e B– Estimated Spending Plan and Revenue Summary Form
Payroll and Personnel Expenses
HUD
Grants
Program
Income
Other
Revenue
Total
Revenue
Difference
(Rev. - Exp)
Salary and Wages FTE's Salary Total Expenses
Supervision
Case Managers
Navigators
Support Staff
Fringe Benefits (provide detail)
FICA
Workmans Comp
Insurance
Retirement
Other
Costs related to the provision of services
Space costs
Utilities
Telephone/Communications
Postage/delivery
Office Expenses
Local Travel
Equipment and Furniture
Supplies and materials
Sub-total Personnel Costs
Other Than Personnel Costs
Rental Assistance Expenses
Unit Type FMR # of units
0-BR
1-BR
2-BR
3-BR
4-BR
5-BR
Rental Assistance Total
Other Financial Assistance
Assistance Type FTE's Salary Total Expenses
Rental application fees
Utilities and Utility Deposits
Moving Costs
Security Deposits
Other: ___________________
Other: ___________________
Other: ___________________
Other: ___________________
Sub-total Other Financial Assistance
Sub-total expenses

TOTAL FUNDING REQUESTED
Annual cost
NOTE: Administrative Costs are not allowed, please make sure those costs are not included in your request.

EXPENSES REVENUES
Michael White Manager, Contracts Services Section
2/23/2023

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Authorization to Distribute a Request for Qualifications for Consultant Services - ADA Self-Evaluation and Transition Plan
SOURCE: Engineering and Project Management
COMMENT: Public rights of way and facilities are required to be accessible to persons with disabilities pursuant to the following statutes: Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. §794) and Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §12131-12164). The laws work together to achieve this goal. These statutes prohibit public agencies from discriminating against persons with disabilities by excluding them from services, programs, or activities. The City is required to have an ADA SelfEvaluation and Transition Plan that will:
-Identify existing obstacles limiting accessibility;
-Describe steps that are to be taken to ensure that facilities within the public right of way are made accessible to all individuals;
-Specify a schedule for achieving compliance; and
-Identify the officials who will be responsible for the implementation of the plan.

The ADA Self-Evaluation and Transition Plan will provide recommendations for complying with accessibility requirements as mandated by State and Federal codes and guidelines. It will also provide the basis for prioritizing, budgeting, implementing, and monitoring barrier removal.

Staff has prepared a Request for Qualifications for consultant services for this project. The qualified consultants/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, typically two or three firms, may be asked to participate in an interview panel and ranked again.

Staff will then present the results of the ranking to the City Council for approval and to direct staff to negotiate a fee with the highest ranking firm. 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 ADA Self-Evaluation and Transition Plan.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Qualifications for the ADA Self-Evaluation and Transition Plan ATTACHMENTS: 1. Draft Request for Qualifications
Appropriated/Funded:

Review By:

Department Director:

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

REQUEST FOR QUALIFICATIONS
ADA Self-Evaluation & Transition Plan
PREPARED BY:

ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
March 2023
I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) from qualified consultants/firms (hereinafter referred to as “CONSULTANT”) to compile and implement a comprehensive Americans with Disabilities Act (ADA) Self-Evaluation & Transition Plan for City programs, policies, facilities, parks, parking lots, streets, intersections and sidewalks.

This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services.

II EXAMINATION OF SOQ DOCUMENTS:

By submitting an SOQ, each CONSULTANT represents that it has thoroughly examined and become familiar with the work required under this RFQ and that it is capable of performing quality work to achieve the objectives of CITY.

III ADDENDA/CLARIFICATIONS:

Any CITY changes to this RFQ will be made via written addendum. No verbal modification shall be binding.

IV SOQ REQUIREMENTS:

SOQs for this project will be accepted at this office until 4:00 p.m., on Wednesday, May 10, 2023. Three (3) copies of the SOQ shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for ADA Self-Evaluation & Transition Plan Consulting Services.” Cost proposals shall not be submitted until requested by the CITY. SOQs shall be addressed to:

Marcia Garcia, Assistant Project Manager
Engineering & Project Management Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all SOQs, which do not meet the requirements of this RFQ and/or any portion of the requirements of this project.

V PRE-CONTRACTUAL EXPENSES:

Pre-contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) Preparing and reproducing its SOQ in response to this RFQ; 2) submitting its SOQ to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's SOQ; 4) other matters prior to the date of award of a Contract.

CITY shall not be liable for any pre-contractual expenses incurred by CONSULTANT in the preparation of SOQs. Pre-contractual expenses shall not be included in the cost proposal.

VI EXCEPTIONS/DEVIATIONS:

Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's SOQ.

Such exceptions must be included as a separate element of the SOQ entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:

The CONSULTANT shall assign a responsible representative and an alternate, both of whom shall be identified in the SOQ. The CONSULTANT's representative shall remain in responsible charge for the duration of the project. Should the CONSULTANT's primary representative be unable to continue with the project, the CONSULTANT's alternate representative shall become the primary representative. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of CITY.

VIII LOCAL AGENCY REPRESENTATIVE:

Marcia Garcia, Assistant Project Manager, shall be the Contract Administrator and contact person for all communications with CITY.

IX INSURANCE REQUIREMENTS:

The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
 Full liability under Worker’s Compensation laws of the State of California  General comprehensive liability (bodily injury and property damage)*  Professional liability insurance (errors and omissions)*  Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.

X INDEMNIFICATION:

The CONSULTANT shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful CONSULTANT and its subconsultants arising out of performance requirements of the Contract.

XI SUBCONTRACTING:

Only those firms identified in the Contract as subcontractors or subconsultants shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime CONSULTANT to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.

XII FEDERAL, STATE, AND LOCAL LAWS:

The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes.

XIII SOQ EVALUATION CRITERIA:

Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:

A. Transmittal Letter;
B. Firm(s) experience with similar projects and references; C. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
D. Firm(s) understanding of the project requirements;
E. Project schedule. Firm(s) must detail ability to provide the required services in a timely and cost-effective manner to meet the required schedule; F. Firm(s) policy in providing Equal Employment Opportunity; and G. Firm(s) approach to provide the best product for CITY.

The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all SOQs and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The top three (3) highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team to determine the top rated firm. However, in the event one proposal is clearly superior to all other proposals, The City of Porterville reserves the right to eliminate the oral interview process and present their recommendation to the City Council based solely on the proposals. The Engineering & Project Management Director shall make a recommendation to the City Council to award a contract to the top rated firm.

The City Council, at its sole discretion, may choose to accept staff’s recommendation, or may choose to award a contract to another consulting firm, or may choose not to award a contract as this time. The Contract will be a written Service Agreement between the Consultant and the City setting forth the scope of work, responsibilities, deliverables, schedule, ownership of work, insurance requirements, compensation, method of payment, and other points. A sample Service Agreement is included in this RFQ package. Please indicate on the transmittal letter the firm’s ability to comply with the Service Agreement provisions, including insurance coverage.

Interviews are tentatively scheduled for June 7, 2023. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

The cost proposal shall not be submitted until requested by the CITY. Negotiations with the topranked candidate(s) may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate(s) and proceed. If necessary, this process will continue until either an agreement is reached or CITY elects to readvertise for new SOQs. CITY reserves the right to reject any and all proposals prior to award of a Contract. All cost proposals not opened shall be returned to their respective firms.

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANT shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's SOQ and cost proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a SOQ (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANT is expected to be presented at the City Council meeting scheduled for Tuesday, June 20, 2023. Issuance of this RFQ and receipt of SOQs does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all SOQs received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.

XVII COMPENSATION:

A. All items of work required for completion of the project/s to result from this RFQ shall be paid for following the cost proposal format specified in each task order request.

Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's SOQ), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.

B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writing within ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.

C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project. In addition, an updated schedule showing tasks and their degree of completion shall be provided.

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.

XIX SOQ FORMAT AND CONTENT:

SOQs shall be brief and include a concise address of the following information:

A. Firm Experience:

1. Provide a list of at least three (3) prior projects completed in the last five (5) years, in which the firm provided relevant services similar to this assignment, indicate the specific relationship if other than principal and each firm's responsibilities. Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

2. Other information that might aid CITY in ascertaining proposing firm's qualifications.

B. Consultant Team:

Name of prime consulting firm, subconsultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.

1. Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal for modified personnel.

2. If subconsultants are used, names of subconsultant's key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each subconsultant.

3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.

C. SOQ Format:

1. SOQs shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes, double-sided, font size no less than 10 pt., and single or double-spaced. Cover letters will be counted as part of the twenty sheets. The City encourages the use of recycled materials.

2. SOQs should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Section dividers with tabs, if applicable;
d. Identification of offering firms, including name, address, and telephone number of each firm;
e. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project; f. Acknowledgment of receipt of RFQ addenda, if any;
g. Concise, complete response addressing each of the items, ‘a’ through ‘p’, as shown in the City’s “Consultant Selection Rating Form”; and h. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR CONSULTANT SERVICES FOR THE DEVELOPMENT OF THE CITY’S ADA SELF-EVALUATION AND TRANSITION PLAN
The City of Porterville seeks “Statement of Qualifications” (SOQs) from qualified consultant/firms for the purpose of developing the City’s ADA Self-Evaluation & Transition Plan. The City desires to develop an ADA Self-Evaluation & Transition Plan that meets the requirements of applicable laws and regulations but allows for maximum flexibility in the schedule and cost of implementation of both consultant services and associated accessibility improvements.

Accordingly, the following is intended only as a guide for submission of the Scope of Services to be included in the proposal.

At a minimum, all Consultants shall submit a “Statement of Qualifications” (SOQs) responding to the entire Scope of Services. However, Consultants may recommend changes and include alternatives to the Scope of Services if (1) additional tasks are required by laws or regulations, (2) tasks below are not specifically required by laws or regulations, or (3) tasks below can be modified to meet the City’s above stated objectives.

This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services.

SCOPE OF SERVICES:

The consultant will respond directly to the Engineering and Project Management Director or their designee on the project. The selected consultant will perform, but not be limited to the following tasks:

1. The Consultant will develop the procedures and forms needed to conduct a SelfEvaluation on behalf of the City.

2. The Consultant will conduct investigations of public facilities including an evaluation of the City’s sidewalks, street intersections (curb ramps & crosswalks), pedestrian signals, parking lots and parks.

3. The Consultant will determine the level of accessibility compliance required for each City building subject to applicable requirements and will conduct the necessary investigations of the areas of each building open to public access. Field investigations shall identify physical barriers within the public areas of City buildings and the public right of way that limit accessibility and compare facilities for compliance with state and federal codes and guidelines.

4. The Consultant shall review and evaluate current City policies, programs (including but not limited to recreation programs), and practices in order to identify issues which may be discriminatory to people with disabilities. The review will include City policy documents that affect the public. The review should evaluate the current level of program accessibility, including eligibility requirements, participation requirements, facilities used, staffing, transportation, communication, grievance procedures and emergency procedures.

5. The Consultant shall develop the comprehensive ADA Self-Evaluation & Transition Plan based upon results of the barrier assessments, policy review and City staff guidance. The ADA Self-Evaluation & Transition Plan shall include all requisite information necessary to comply with Title II of the ADA for such a plan, which may include the following:
a. Methodology for the self-evaluation of existing barriers to accessibility; b. Summary of the findings of the self-evaluation of facilities, policies, programs, and practices;
c. Recommendations of remedial measures to correct deficiencies and a methodology for the prioritization of barrier remediation; d. Cost estimates of remediation measures;
e. Implementation schedule that includes milestones or measures of achievement for monitoring implementation;
f. Procedure for periodically reviewing and updating the Transition Plan; g. Procedures for addressing grievances; and
h. Assignment of responsibilities for repair/replacement.

6. The Consultant shall plan to attend at least three meetings with City staff. At a minimum, a kick-off meeting, interim progress meeting, and a final completion meeting shall be held, in addition to any required site visits and City staff meetings needed for SelfEvaluation investigations and document research. The Consultant shall also plan to attend and present the ADA Self-Evaluation & Transition Plan to the City Council at separate public meetings.

7. Project Database: The Consultant shall develop a database for the ADA Transition Plan using City-approved software. The purpose of the database is to facilitate ongoing monitoring and updating the final comprehensive ADA Transition Plan by City staff. The database shall correlate all components of the transition plan including but not limited to compliance and facility reports, facility diagrams, Transition Plan, reference drawings, standard drawings, and photographs. The database shall be the property of the City when the ADA Transition Plan compilation is complete.

8. City Staff Training: The process is expected to be an educational experience for City staff.

During the course of Plan development, the Consultant shall assist the City in designating an ADA Coordinator and ADA Liaisons from relevant departments to serve as an ongoing work group. The Consultant shall train designated City staff in the following areas:
a. Applicable government code, statutes and regulations; b. Performing field investigations and inspections;
c. Preparation of ADA Compliance Assessment Reports;
d. Monitoring and updating the ADA Self-Evaluation & Transition Plan; e. Using and maintaining the database and/or project map; and f. Internal procedures for granting exemptions for City projects.

9. The City seeks to have a final ADA Self-Evaluation & Transition Plan completed twelve (12) months from issuance of Notice to Proceed. If the Consultant deems this is unreasonable based on prior experience, a suitable completion date shall be clearly identified, and an explanation given as to why the preferred completion date would be unrealistic.

LOCAL AGENGY RESPONSIBILITIES:

The Consultant will report to the City’s Contract Administrator. The Consultant shall not proceed with any work until the City provides the Notice to Proceed to the Consultant.

The City’s Contract Administrator will directly handle the project management and monitoring of the Consultant’s work to ensure it is complete, accurate, and consistent with the terms and conditions of the Consultant contract. The Contract Administrator and designees will also inspect, review, and discuss project progress, compliance with Federal, State, and Local policies and regulations, and other requirements to further the prosecution of the contract work with the least delay.

The City’s Contract Administrator (or designee) shall be responsible for the following:
o Serve as the City’s primary contact person for the Consultant; o Monitor the Consultant’s progress and provide direction; o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period;
o Approve the Consultant’s progress payments;
o Identify other City personnel (ADA Coordinator and ADA Liaisons for each relevant department) for Consultant to contact, if needed; o Document review by ADA Coordinator and/or ADA Liaisons and consolidate comments from staff;
o Ensure that ADA Coordinator and ADA Liaisons from relevant departments are available to attend meetings, trainings, workshops, etc.

City will provide to the Consultant:
o City staff will assemble facility site plans and floor plans (if they exist), City street maps (GIS and/or AutoCAD), and a list of City Policy documents; o Report and related GIS map of City Right of Way assets and their conditions, as compiled by Infrastructure Management Services in 2022; o Any existing blueprints, CAD files, site plans, emergency evacuation diagrams, or other graphics or information that portrays City facilities; o Access to City facilities. It is expected that Consultant’s surveyors will be accompanied during the surveys of the police department and fire stations, otherwise will not require accompaniment by City staff person; o Any materials or meeting accommodations requested by the public, including interpreters, alternative formats documents, or other modifications. The City will coordinate and provide the venue and publicity for the public meetings; o Key City staff to attend the Council meetings.

All records and documentation produced by the Consultant become property of the City.

CONSULTANT SELECTION RATING FORM
Project Name: Date:

Project Number:

Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of
Factor

FIRM FIRM FIRM FIRM
Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 b. Recent experience in projects comparable to the proposed project. 0-10 c. Firm’s reputation for professional integrity and competence. 0-5 d. Key personnel’s professional background and caliber. 0-7 e. Adequate qualified personnel available for assignment to the project. 0-5 f. Recent experience in specialized areas of expertise associated with the project. 0-5 g. Demonstrated ability to meet schedules or deadlines. 0-10 h. Demonstrated ability to complete projects without having major cost escalations or overruns.
0-7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration.
0-10
j. Quality of project previously undertaken. 0-10
k. Familiarity with and proximity to the geographic location of the project. 0-5 l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office.
0-3
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns.
0-5
n. Degree of interest shown in undertaking the project. 0-3 o. Evidence that consultant is an equal opportunity employer. 0-2 p. Proximity of firm’s office to project. 0-3
TOTAL SCORE:

RANKING:

P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100 Rev. 2013-02-19

SERVICE AGREEMENT
DATE:

PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and (insert name), hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:

Project Name:

Description of Project: In general, Consultant to provide (plans and specifications) (services) for the (proposed project). Details are summarized in the Scope of Services as Attachment “A”.

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described:.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis (and/or not to exceed _____________ Dollars ($ ))..

TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.

CONSULTANT should receive payment within 45 days of the date the bill is received.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all “work directives” shall be completed by (date). In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than One Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of One Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than One Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any Service Agreement

injuries to third parties, including employees of CITY and CONSULTANT. (v) To the fullest extent permitted by law, and subject to California Civil Code Sec 2782.8, CONSULTANT agrees to indemnify, including cost to defend, City, its elected and appointed officers and employees, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of City; and does not apply to any passive negligence of the City unless caused at least in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, if one or more defendant/s is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs and reallocate as allowed by law or stature. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 10. TERMINATION:

Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

Service Agreement

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 12. DISPUTES; VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California.

CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.

CITY OF PORTERVILLE CONSULTANT
By By
Date Date
Item No. 6.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Community Civic Event - Sequoia Family Medical Center - Sequoia Arbor Day 5k Run/Walk and Health Fair - April 29, 2023
SOURCE: Finance
COMMENT: The Sequoia Family Medical Center is requesting approval to hold the "Sequoia Arbor Day 5k Run/Walk and Health Fair" on Saturday, April 29, 2023, from 6:30 AM to 12:00 PM. The event will feature a non-competitive 5k run or walk along the Tule River Parkway. Food booths and information booths will be staged at the Jaye Street park and ride lot. The event will benefit the Tule River Parkway Association.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are listed on the attached copy of the Agreement and Application, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Sequoia Family Medical Center to hold the Sequoia Arbor Day 5k Run/Walk and Health Fair on April 29, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 7.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Community Civic Event - Parenting Network - Calling All Superheroes - April 5, 2023
SOURCE: Finance
COMMENT: The Parenting Network is requesting approval to hold the "Calling All Superheroes" event on Wednesday, April 5, 2023 at Zalud Park from 2:00 PM to 4:00 PM. The event will consist of information booths from several organizations with a focus on child abuse awareness.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are contained on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the Parenting Network to hold the "Calling All Superheroes" event on April 5, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, and Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 8.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Community Civic Event - Tule River Economic Development Corporation - Autism Awareness Car Show - April 1, 2023
SOURCE: Finance
COMMENT: The Tule River Economic Development Corporation is requesting approval of the "Autism Awareness Car Show" event on Saturday, April 1, 2023, from 9:00 AM to 4:00 PM. The event will be held at the City parking lot adjacent to Landing 13 at 152 N. Hockett Street. The event will feature a car show for general public viewing in the parking lot with vendor booths on the sidewalk and music provided by a DJ. Food and drinks may be purchased inside the restaurant but no alcoholic beverages will be allowed outside. The event will highlight autism awareness month.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the Tule River Economic Development
Corporation to hold the Autism Awareness Car Show on April 1, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, and Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 9.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Community Civic Event - Summit Charter Academy - Fun Run - March 24, 2023
SOURCE: Finance
COMMENT: Summit Charter Academy is requesting approval to hold the "Fun Run" event on Friday, March 24, 2023, from 9:00 AM to 10:00 AM. The sponsor is requesting the closure of Lombardi Street at the intersection of Lombardi and the access road south of Summit Charter Academy, Lombardi campus, and the use of the sidewalk along the school to the said intersection for the Fun Run.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the ordinance regulations and reviewed by all City departments involved. The requirements and restrictions are contained in the attached Application and Agreement, Exhibit A and Exhibit B.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Summit Charter Academy to hold the "Fun Run" event on March 24, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, and Exhibit B
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: Fernando Gabriel-Moraga, Deputy City Clerk

Item No. 10.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Community Civic Event - Comision Honorifica Mexicana Americana Inc - Annual Cinco de Mayo Celebration Parade and Fiesta - May 6-7, 2023 SOURCE: Finance
COMMENT: Comision Honorifica Mexicana Americana, Inc. (CHMA) is requesting approval of its Community Civic Event Application for a permit to hold the Annual Cinco de Mayo Celebration on May 6, 2023 and May 7, 2023. The celebration will include a parade down Main Street on Saturday, May 6, 2023 from 10:00 a.m. to 12:00 p.m. as well as a fiesta at Veterans Park on Sunday, May 7, 2023, from 10:00 a.m. to 7:00 p.m.

With regards to the parade, CHMA is requesting the closure of the following streets:

Main Street and Second Street - from Morton Avenue to Olive Avenue Morton Avenue - from Main Street to Second Street
Harrison Avenue - from Hockett Street to Second Street
Thurman, Cleveland, Putnam, Mill, Oak, and Garden Avenues - from Division Street to Second Street
Olive Avenue - from Hockett Street to B Street
This request is submitted in accordance with the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A , Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the Comision Honorifica Mexicana Americana, Inc. to hold the Annual Cinco de Mayo Celebration Parade and Fiesta on May 6 and 7, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Maps, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, and Certificate of Insurance Liability
Appropriated/Funded:

Item No. 10.

Review By:

Department Director:

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

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Review of City Participation in the Tulare County Regional Transit Agency SOURCE: Public Works
COMMENT:

On August 11, 2020, the Joint Powers Agreement was approved creating the Tulare County Regional Transit Agency (TCRTA). TCRTA is comprised of member agencies from the Cities of Dinuba, Exeter, Farmersville, Porterville, Tulare, Woodlake and the County of Tulare. Pursuant to the Agency Bylaws, Any of the member agencies may, on or before May 1 of any year, give written notice to the Transit Agency that it is withdrawing from the Transit Agency and terminating its rights and duties under the Agreement at the end of the fiscal year, and such notice shall have the same effect on the 30th day of June thereafter. Withdrawal at any other time requires approval of the Agency Board of Directors.

As the City Council is aware, the finances of the TCRTA has been of concern, including the call for funds from member agencies in September 2022, which the Council authorized the allocation of $1 million to the TCRTA as its proportional share of the annual TCRTA fiscal budget to stabilize the finances of the Agency. City staff has had continued concerns in regard to the Agency's financial position, which an Agency Finance Committee meeting scheduled for March 14, 2023 was canceled due to the continuing county-wide emergency flood responses and has yet been rescheduled at the time of this report.

Anticipated to be considered by the Council as a Scheduled Matter at this meeting, staff recommends that the Council's review of the City's participation in the TCRTA be scheduled as a Scheduled Matter for the meeting of April 4, 2023, in the anticipation that the Finance Committee will also be conducted prior to the April 4th meeting of the Council.

RECOMMENDATION: That the City Council schedule the review and consideration of the City's continued participation in the Tulare County Regional Transportation Agency at its meeting on April 4, 2023.

ATTACHMENTS: 1. Tulare County Regional Transit Agency Bylaws Appropriated/Funded:

Review By:

Department Director:

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

TULARE COUNTY REGIONAL TRANSIT AGENCY

AMENDED AND RESTATED JOINT POWERS AGREEMENT
The Joint Powers Agreement (“Agreement”), dated this _____ day of __________, 2022, by and among the County of Tulare and the Cities of Exeter, Farmersville, Lindsay, Porterville, Tulare, Woodlake, and the Tule River Indian Tribe (each, a “Party” or “Member Agency” and together, the “Parties” or “Member Agencies” to this Agreement) is hereby entered into pursuant to Section 6500 et seq. of the Government Code of the State of California.

Article I
General Provisions
Section 1: Purpose
The purpose of this Agreement is to empower the Parties to exercise their common powers by the formation and operation of a Joint Powers Agency, hereafter called “Tulare County Regional Transit Agency” or “Transit Agency,” with full power and authority to own, operate, and administer a public transportation system within the jurisdictions of the Member Agencies. The Transit Agency shall be a public agency separate and apart from the Member Agencies.

Section 2: Name and Membership
The legal name of the Transit Agency shall be “Tulare County Regional Transit Agency.” Agencies eligible to enter into this Agreement include the County of Tulare, all incorporated cities within Tulare County, and the Tule River Indian Tribe. Upon entering into this Agreement, Member Agencies shall be required to maintain membership for the duration of the remaining fiscal year in which the Member Agency joined, plus the following three (3) fiscal years. Early withdrawal of any agency under these terms may be approved by unanimous vote of the Transit Agency’s Board of Directors if withdrawal is determined to be mutually beneficial.

Section 3: Boundaries
The boundaries of the Transit Agency shall coincide with the exterior boundaries of Tulare County but shall exclude the territory of any incorporated city within Tulare County that is not a Party to this Agreement.

Section 4: Powers
The Transit Agency shall have all powers necessary to carry out the purpose of this Agreement, except the power to tax. The powers of the Transit Agency specifically include, but are not limited to, the following:
a. To operate a public transportation system to service the Tule River Indian Tribe and incorporated areas of the cities who elect to become Member Agencies hereunder and the unincorporated areas of the County of Tulare. b. To acquire, hold, and dispose of real and personal property.

Attachment 2
5 c. To acquire, construct, manage, maintain, and/or operate any facilities or improvements. d. To own, lease, operate, and maintain vehicles and other property and equipment, which are necessary or reasonable to carry out the purpose of this Agreement. e. To expend funds. This power shall be limited only by the availability of funds as set forth in Article III, Sections 4 and 9 of this Agreement.
f. To sue and be sued in its own name.
g. To make and enter into contracts for services.
h. To incur debts, liabilities, and obligations, none of which shall become a debt, liability, or obligation of any Member Agency pursuant to California Government Code section 6508.1 (a) without the express written consent of that Member Agency, except that any debt, liability, or obligation of the Transit Agency with respect to retirement liabilities of the Transit Agency shall be a joint debt, liability, or obligation of each Member Agency if the Transit Agency contracts with a public retirement system. i. To provide and enter into agreements for transportation services to locations outside the jurisdiction and boundaries of any of the Member Agencies. j. To apply for and execute agreements for financial assistance from the State of California, U.S.

Government, and other sources, and to obligate the Transit Agency to operate the public transportation system in accordance with the terms and conditions of said financial assistance. k. To purchase insurance.
l. To employ staff, or to contract with the Member Agencies, or private vendors or individuals to provide the agency with necessary and appropriate services, including, but not limited to, an Executive Director and legal counsel. If the Transit Agency elects to employ its own staff, then the Board shall establish appropriate personnel rules and benefit programs, and determine whether to seek and approve membership in the Tulare County Employees Retirement Association, another established retirement/pension system, or make other retirement/pension options available for its employees.
m. To adopt local debt policies pursuant to California Government Code section 8855. n. To adopt a Conflict-of-Interest Code pursuant to California Government Code section 87300. o. All other powers that are necessary and proper for the Transit Agency in order to provide public transportation services.

Article II
Organization
Section 1: Governing Board of Directors
The powers of the Transit Agency are vested in its governing Board of Directors, hereafter called the “Board.” The Board shall be composed of elected officials, hereafter called “Directors,” from each Member Agency. Each Member Agency shall appoint one regular Director and one alternate Director to the Board.

Each Director will serve at the pleasure of the Director’s appointing authority; however, Directors who are members of the governing body of their respective Member Agencies shall cease to serve as Directors upon termination of that public office. The applicable appointing authorities shall fill vacancies on the Board of Directors.
6 The following shall sit as non-voting, ex-officio members of the Board:
a. The Tulare County Association of Governments (TCAG) Board members sitting as the Public Transit Representative and Alternate (if different than an already seated Transit Agency Director).

Section 2: Officers
a. The Board shall elect a Chair and Vice-Chair from among the Directors, and such other officers as the Board may deem necessary.
b. The Chair shall preside at all meetings of the Board and generally shall perform all duties incident to the office of Chair and such other duties as may from time to time be assigned to such office by the Board.
c. At the request of the Chair, or in case of his or her absence or disability, the Vice-Chair shall perform all duties of the Chair and, when so acting, shall have all the powers of, and be subject to all restrictions upon, the Chair. In addition, the Vice-Chair shall perform such other duties as may from time to time be assigned to that office by the Board of Directors or the Chair. d. The Chair, Vice-Chair, and such other officers as are elected by the Board each shall serve at the pleasure of the majority of the Board and be elected for a term of two years, with no limit on the number of terms served. Each such officer shall continue to serve until his or her successor is elected, or until his or her death, resignation, or removal from office by the majority of the Board, whichever occurs earlier.
e. The Executive Director of the Transit Agency (provided for below) shall serve ex-officio as the Secretary of the Board. The Secretary shall (i) certify and keep at the office of the Transit Agency, or at such other place as the Board may order, the original or a copy of the Agreement, the Bylaws, and the other documents provided for below, as amended or otherwise altered; (ii) keep at the office of the Transit Agency, or at such other place as the Board may order, a book of minutes of all meetings of the Board, recording therein. the time and place of holding, whether regular or special, and, if special, how authorized, the notice thereof given, and the proceedings thereat; (iii) see that all notices are duly given in accordance with the provisions of this Agreement, the Bylaws, or as required by law; (iv) be custodian of the records of the Transit Agency; (v) exhibit at all reasonable times to any Director., upon application, the Bylaws and minutes of the proceedings of the Board; and (vi) in general, perform all duties of the office of Secretary and such other duties as may from time to time be assigned to such office by the Board or the Chair.
f. Any officer may resign at any time by giving written notice to the Board. Any such resignation shall take effect at the time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the manner prescribed in this Agreement for regular election or appointment to such office. g. With prior Board approval, the Chair, the Vice-Chair, or the Secretary is authorized to execute all documents in the name of the Transit Agency.

Section 3: Compensation
7 The members of the Board shall serve without compensation but shall receive reimbursement for actual and necessary travel expenses incurred in the performance of their duties and outlined in accordance with policies established by the Board.

Section 4: Executive Director
The Board shall appoint an Executive Director. The Executive Director shall serve at the pleasure of or upon the terms prescribed by the Board. The Executive Director so appointed may be an employee of a Member Agency, an employee of the Transit Agency, or an independent contractor (or employee of an independent contractor). Under rules and regulations provided by the Board, the powers and duties of the Executive Director are:
a. To lead and coordinate the transit system of the Transit Agency and to be responsible to the Board for proper administration of all affairs of the Transit Agency. b. To appoint, assign, direct, supervise, and, subject to the personnel rules adopted by the Board, discipline or remove Transit Agency employees.
c. To arrange for secondary support services, including: legal counsel, general services, office space, human resources, fiscal and administrative support, communications, information technology, payroll, and other support services necessary or convenient for the operation of the transit system and Transit Agency.
d. To supervise and direct the preparation of the annual operating and capital improvement budgets, hereafter called “Budget”, for the Board and be responsible for their administration after adoption by the Board.
e. To formulate and present to the Board plans for transit facilities and/or services and the means to finance them.
f. To supervise the planning, acquisition, construction, maintenance, and operation of the transit facilities and/or services of the Transit Agency. g. To provide regular performance updates to the Board. h. To attend all meetings of the Board and act as the Secretary of the Board. As Secretary, he or she shall cause to be kept minutes of all meetings of the Board, to cause a copy of the minutes of the previous Board meeting to be included with the agenda of the next regular meeting of the Board, and perform all of the duties prescribed in Section 2.e. above. i. To establish and maintain fare collection and deposit services. j. To organize and operate an ongoing transit marketing program, including special promotions. k. To evaluate and propose new programs and public transportation services, with implementation to occur as approved by the Board. l. To execute transfers within major budget units, in concurrence with the Treasurer/ AuditorController of the Transit Agency, as long as the total expenditures of each major budget unit remain unchanged.
m. To purchase or lease items, fixed assets, or services within the levels authorized in the applicable Budget. n. To lease buses, vans, and other transit vehicles on an “as needed” basis from public or private organizations when deemed necessary to assure continued reliability of service. 8 o. To perform such other duties as the Board may require in carrying out the policies and directives of the Board.

Section 5: Meetings
The Board shall hold regular monthly meetings and shall establish a date, time, and place for those meetings. Meetings may be canceled by a vote of the Board. Special meetings may be called at any time by the Chair, or at the suggestion of the Executive Director, or upon written request by any two members of the Board. Each member shall receive written notice at least 24 hours in advance of any special meeting unless the member has specifically waived this required notice.

Section 6: Ralph M. Brown Act
All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code).

Section 7: Quorum
A majority of the total membership of the Board shall constitute a quorum for the transaction of business.

Section 8: Voting
Regular business will be acted upon by approval of a quorum of the Board, with the exception of the following actions which shall require approval by a unanimous vote of the Directors present and voting at a regular or special meeting of the Board, provided that a quorum of the Board is present and voting:
a. Approval of the Budget.
b. Local Transportation Fund (LTF) Claims Approval for Submittal to TCAG. c. Withdrawal of an agency prior to completion of initial new membership term (per Article I, Section 2).
d. Readmission of an agency that was a prior member of the Transit Agency and has since withdrawn.

Section 9: Policies and Procedures, Bylaws, Conflict-of-Interest Code, and Debt Policies Within the first six (6) months of the Transit Agency’s existence, the Board shall establish a Policies and Procedures Manual and Bylaws to govern the day-to-day operations of the Transit Agency, local debt policies pursuant to California Government Code section 8855, and a Conflict-of-Interest Code pursuant to California Government Code section 87300, all of which are not inconsistent either with applicable law or with this Agreement. Each Director and Member Agency shall receive a copy of the adopted Policies and Procedures Manual, the Bylaws, and the Conflict-of-Interest Code. Thereafter, the Board may amend or repeal any bylaw, regulation, policy, procedure or portion of the Conflict-of-Interest Code, provided that such action is not inconsistent with either the applicable law or this Agreement. The Executive Director 9

shall send to each Director and to each Member Agency all Bylaw amendments, and Debt Policy and Conflict-of-Interest Code revisions promptly after adoption by the Board.

Section 10: New Members
If a city or other eligible organization within the County of Tulare not a Party to this Agreement desires to join the Transit Agency, it may become a Member Agency subject to such terms and conditions as may be prescribed by the Board. Upon becoming a Member Agency, the new Member Agency shall become responsible for its share of the funding for public transportation provided by the Transit Agency. The new Member Agency’s share of the funding shall be determined in the same manner as for the original Member Agencies, as set forth in Article III, Section 4, “Sources of Funds” of this Agreement.

If a new city is incorporated in Tulare County, it may become a Member Agency, subject to such terms and conditions as may be prescribed by the Board. Upon becoming a Member Agency, the new city shall become responsible for its share of the funding for public transportation provided by the Transit Agency. The new city’s share of the funding shall be determined in the same manner as for the original Member Agencies as set for the in Article III, Section 4, “Sources of Funds” of this Agreement. Regardless of whether or not the new city elects to become a Member Agency, at the end of the fiscal year during which incorporation becomes effective, unless otherwise agreed among the new city, the County, and the Transit Agency, the County will no longer be responsible for funding public transportation within the area included in the new city.

New Member Agencies shall be required to maintain membership in this Agreement for the duration of the fiscal year in which the Member Agency joined, plus the following three (3) fiscal years.

Section 11: Change of Boundaries
In the case of annexations, reorganization of transit services and costs due to new jurisdictional boundaries will occur. Funding for transit services provided within Member Agencies’ jurisdictions shall be determined as set forth in Article III, Section 4, “Source of Funds” of this Agreement.

Section 12: Ratification and Effective Date
This Agreement shall become effective upon ratification by the legislative bodies of all participating agencies. This Agreement shall be dated and shall be effective upon the last date ratified by a Member Agency.

Section 13: Amendment of Agreement
This Agreement may be amended at any time by a supplemental written agreement executed by all Parties. Amendments may be made only with the unanimous approval of the legislative bodies of all of the Member Agencies.
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Section 14: Withdrawal and Readmission of Member Agencies Any Party to this Agreement may, on or before May 1 of any year, give written notice to the Transit Agency that it is withdrawing from the Transit Agency and terminating its rights and duties under the Agreement at the end of the fiscal year, and such notice shall have the same effect on the 30th day of June thereafter.

Withdrawal at any other time requires approval of the Board per Article II, Section 8.

If a Member Agency chooses to withdraw, it nevertheless shall be responsible for its share of all Transit Agency contractual obligations in force on the effective date of withdrawal. Said share shall be determined in accordance with Article III, Section 4, “Sources of Funds” of this Agreement. The withdrawing agency shall remain responsible for said contractual obligations until the involved contracts legally expire or until the obligations can be changed or eliminated by negotiations between the contracting parties.

Each of the Parties to this Agreement hereby agrees that if it should withdraw from the Transit Agency and give up its rights and duties under this Agreement, as provided hereinabove, and the Transit Agency is not dissolved as a result of said withdrawal, then such withdrawing Party waives its right to any refund of contributions previously made by such Party to the Transit Agency and relinquishes to the Transit Agency all right, title, and interest it may have in any property of the Transit Agency.

After finalization of Member Agency withdrawal, that agency will be eligible to re-enter into this Agreement after one full fiscal year has passed. When any Party has ceased to be a Party to this Agreement, it shall not be entitled to again become a Party to this Agreement except upon unanimous consent of the Board and upon such terms and conditions as may be imposed by unanimous action of the Board.

Section 15: Duration of Agreement
This Agreement shall continue in full force and effect until termination is approved by all or by all but one of the legislative bodies of the Member Agencies, or until withdrawals have reduced the number of Member Agencies to less than two.

In the case of termination, contractual obligations shall be met in the same manner as specified for withdrawals in Article II, Section 14, “Withdrawal and Readmission of Member Agencies” of this Agreement.

Section 16: Distribution of Surplus Money and Property
Pursuant to California Government Code Sections 6511 and 6512, in the event that this Agreement is terminated, then all surplus money and property of the Transit Agency shall be distributed to the Member Agencies in proportion to the most recent annual contributions made by the Member Agencies under the terms of Article III, Section 4, “Source of Funds” of this Agreement. In the case of property, the Member Agencies may elect to receive their shares of the property in kind or may request that their shares be sold and the money distributed in the manner prescribed in this Section. 11

Section 17: Notification of Secretary of State, State Controller, and Local Agency Formation Commission Pursuant to California Government Code Sections 6503.5 and 6503.6, the Transit Agency shall, within thirty (30) days of the effective date of this Agreement or amendment thereto, cause (a) a notice of the Agreement or amendment to be prepared and filed with the office of the California Secretary of State, (b) a full copy of the Agreement or amendment to be filed with the State Controller, and (c) a full copy of the Agreement or amendment to be filed with the Tulare County Local Agency Formation Commission.

Article III
Financial and Service Level Provisions
Section 1: Fiscal Year and Budget
The fiscal year for the Transit Agency shall be July 1 through June 30 of the following calendar year.

The Board shall adopt an Annual Budget prior to the beginning of each fiscal year. Except as otherwise provided in Article III, Section 4 of this Agreement, a unanimous vote of approval by all Directors present and voting at a regular or special meeting of the Board, which must be a quorum, shall be required for the adoption of the Budget.

The Annual Budget may carry forward funds for future fiscal years where necessary to reflect obligations under state or federal funding or grant agreements.

Section 2: Level of Service
The minimum level of public transit service provided within the jurisdiction of each Member Agency shall be established by the Transit Agency. The Transit Agency shall set levels of service based on appropriate established criteria, including: needs of residents, service performance, TCAG performance measures and other requirements, Title VI compliance, and any other criteria deemed a) appropriate by the Transit Agency and/or b) required by law. Unmet needs found reasonable to meet will also be implemented as required.

Costs of services above the minimum level of service as set by the Transit Agency shall be calculated based upon the marginal increase in cost, plus an allocation of fixed costs of the additional services based upon the proportion of vehicle hours of the new service to the total vehicle hours provided by the Transit Agency, and shall be charged to and paid by the requesting Member Agency.

Section 3: Service Changes
Transportation Development Act (TDA)-funded services may be adjusted from time to time as deemed appropriate by the Board. Additionally, each Member Agency, by resolution of its governing body, may submit a request for changes in the services funded through TDA within said Member Agency’s jurisdictional boundaries. Said request shall include a description of the requested changes. 12

In reviewing requests for service increases, the Transit Agency shall consider:
a. Whether such changes are in substantial conformance with applicable plans, such as transit plans and the Regional Transportation Plan, and comply with required minimum levels of service. b. Whether there is sufficient funding available to implement the proposed service change. c. Whether there is sufficient personnel, operating capacity, and capital resources available to implement such services.
d. Whether changes are permissible under state and federal law, and including Transit Agency’s willingness and ability to implement necessary actions required for requested changes.

In reviewing requests for service decreases that will amount to a funding reduction of ten (10) percent or more from the requesting agency’s share, the Transit Agency shall require up to six (6) months to negotiate changes with the requesting Member Agency and to implement any reductions approved by the Board.

The Transit Agency shall consider whether such changes are in substantial conformance with applicable plans, such as transit plans and the Regional Transportation Plan, and comply with required minimum levels of service.

Section 4: Sources of Funds
The Transit Agency shall have the authority to apply for any funds available for transit purposes from any regional, local, state, or federal sources. Claims for Local Transportation Funds must be unanimously approved by Directors present at a regular or special meeting of the Board and voting on the matter, which must be a quorum.

Each Member Agency shall make an annual contribution to the Transit Agency. The contribution shall be the member’s pro rata share of the Transit Agency’s annual budget, less any transit assistance funds that can only be used for transit. The pro rata share shall be based on one-half on the ratios of populations within a member’s jurisdictional boundary (excluding the population of any non-member jurisdiction), and one-half on ratios of transit service hours available to each Member Agency. Notwithstanding the foregoing, while any debt incurred by the Transit Agency in accordance with this Agreement remains outstanding, (i) the annual budget of the Transit Agency shall include the aggregate amount of all principal and/or interest payments payable on such debt for each application fiscal year (which aggregate amount so budgeted shall be deemed approved by all Member Agencies, whether or not the annual budget, as a whole, has been approved in accordance with Article III, Section 1 of this Agreement), and (ii) each Member Agency which is a member on the date on which the Transit Agency incurs the applicable debt, shall be obligated to annually contribute its Local Transportation Funds (Government Code section 29530 et seq.), to the Transit Agency (whether the Member Agency remains a member or withdraws as a member of the Transit Agency).

Population figures shall be those published by the California Department of Finance. Transit service hour ratios shall be developed by TCAG or Transit Agency staff, as applicable, and shall be included as part of the Annual Budget.
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Section 5: Transfer of Transit-Related Assets
Upon the effective date of this Agreement, each Member Agency shall consider the transfer to the Transit Agency, or retention, of the agency’s existing transit-related assets. The terms and conditions for transfers and/or lease of assets shall be negotiated between the Transit Agency and applicable Member Agency.

The Executive Director shall establish policies and procedures for maintaining assets and the use of assets necessary to provide public transportation services within its service area, including requirements for Transit Agency pre-approval of alterations and improvements.

Section 6: New Assets
Upon the effective date of this Agreement, the Transit Agency will become responsible for the purchase all new transit vehicles and related equipment, at a minimum, for the provision of services within its service area.

Section 7: Assignment of Federal Transit Administration (FTA) Contracts and Grant Application Authority Subject to FTA and Transit Agency approval, Member Agencies may assign existing FTA contracts and policies, including contractual requirements, assurances, and responsibilities, over to the Transit Agency. The Executive Director shall be authorized to prepare, submit, and execute grant applications for the use of FTA operating, planning, and capital funds, as well as other state, federal, and local funds that may become available.

Section 8: Service Agreements
Upon the effective date of this Agreement, the Transit Agency shall work with Member Agenciesto assume service agreements, if possible and feasible, for services necessary for the operation of the Transit Agency and for provision of service within its service area. Where service agreements cannot be assumed, the Transit Agency will work with contracting Member Agencies to utilize services until such time that the agreements are terminated, as necessary and appropriate. A Member Agency shall not enter into new transit service agreements as required for operation of the Transit Agency once its existing transit service agreements are terminated.

Section 9: Limitation of Financial Commitment
Except as provided in Article III, Section 4 of this Agreement, the Transit Agency shall not obligate Member Agencies to expenditure of general funds for transit purposes.

Section 10: Investment of Funds
Pursuant to California Government Code section 6509.5, the Transit Agency shall have the power to invest any money in the treasury pursuant to California Government Code section 6505.5 that is not required for 14

the immediate necessities of the Transit Agency, as the Board determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to California Government Code section 53601.

Article IV
Miscellaneous provisions
Section 1: Treasurer and Auditor
Pursuant to California Government Code Section 6505.5, the County Treasurer and County Auditor of the County of Tulare are hereby designated as Treasurer and Auditor of the Transit Agency. As such, they shall have the powers, duties, and responsibilities as set forth in said section of the Government Code. The County shall be compensated for the services rendered. The amount and method of compensation agreed upon between the County and Transit Agency shall be set forth in the Annual Budget of the Transit Agency.

Section 2: Annual Audit
The Board shall cause an annual audit to be prepared and filed pursuant to California Government Code Section 6505. The Transit Agency shall pay the cost of such audit whether conducted by the County Auditor or an independent auditor.

Section 3: Official Bonds
Pursuant to California Government Code Section 6505.1, the Board shall require the official bonds be filed by any officers, employees, or agents, which have access to the property of the Transit Agency. The cost of said bonds shall be borne by the Transit Agency.

Section 4: Purchasing Procedures
The Board may establish purchasing procedures and policies to ensure the Transit Agency receives competitive prices for the lease or purchase of goods and services. Formal bidding shall not be required unless specifically directed by the Board or required by applicable state or federal law.

Section 5: Indemnification
The Transit Agency shall indemnify, defend, and hold harmless the Member Agencies, their officers, agents, and employees, and members of the Board of Directors, their officers, agents, and employees, and committee members, their officers, agents, and employees, from and against any and all claims and losses whatsoever, occurring or resulting to persons, firms, or corporations furnishing or supplying work, services, materials or supplies to the Transit Agency in connection with the performance of this Agreement, and, except as expressly provided by law, from any and all claims and losses accruing or resulting to any persons, firm or corporation, for damage, injury, or death arising out of or connected with the Transit Agency’s performance of its obligations under this Agreement. Nothing herein shall limit the right of the Transit Agency to purchase insurance or to create a self-insurance mechanism to provide coverage for the foregoing indemnity.
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In this regard, the Member Agencies do not intend hereby to be obligated either jointly or severally for the debts, liabilities or obligations of the Transit Agency, except as may be specifically provided for in California Government Code Section 895.2 as amended or supplemented. Provided, however, if any Member Agency is, under such applicable law, held liable for the acts or omissions of the Transit Agency caused by negligent or wrongful act or omission occurring in the performance of this Agreement, then such parties shall be entitled to contribution from the other Member Agencies so that after said contributions each Member Agency shall bear a proportionate share of such liability, in ratios consistent with those provided for in Article III, section 4 above. This Section 5 of Article IV does not apply to acts or omissions of a Member Agency in implementing the public transit system approved by the Transit Agency within such Member Agency’s boundaries and managed in whole or in part by such Member Agency.

Section 6: Privileges and Immunities
All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of officers, agents or employees of any Member Agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the auspices of the Transit Agency and the provisions of this Agreement.

Section 7: Finance or Refinance Acquisition of Transit Equipment a. Pursuant to California Government Code section 6518, the Transit Agency, without being subject to any limitations of any Party to the Agreement pursuant to California Government Code section 6509, may also finance or refinance the acquisition or transfer of transit equipment or transfer federal income tax benefits with respect to any transit equipment by executing agreements, leases, purchase agreements, and equipment trust certificates in the forms customarily used by a private corporation engaged in the transit business to effect purchases of transit equipment, and dispose of the equipment trust certificates by negotiation or public sale upon terms and conditions authorized by the parties to the agreement. Payment for transit equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust certificates payable from any source or sources of funds specified in the equipment trust certificates that are authorized by the parties to the agreement. Title to the transit equipment shall not vest in the Transit Agency until the equipment trust certificates are paid. b. If the Transit Agency finances or refinances transit equipment or transfers federal income tax benefits with respect to transit equipment under subdivision (a), it may provide in the agreement to purchase or lease transit equipment any of the following:
(1) A direction that the vendor or lessor shall sell and assign or lease the transit equipment to a bank or trust company, duly authorized to transact business in the state as trustee, for the benefit and security of the equipment trust certificates. (2) A direction that the trustee shall deliver the transit equipment to one or more designated officers of the Transit Agency.
(3) An authorization for the Transit Agency to execute and deliver simultaneously therewith an installment purchase agreement or a lease of equipment to the Transit Agency. 16

c. If the Transit Agency finances or refinances transit equipment or transfers federal income tax benefits with respect to transit equipment under subdivision (a), then it shall do all of the following:
(1) Have each agreement or lease duly acknowledged before a person authorized by law to take acknowledgments of deeds and be acknowledged in the form required for acknowledgment of deeds. (2) Have each agreement, lease, or equipment trust certificate authorized by resolution of the Board.
(3) Include in each agreement, lease, or equipment trust certificate any covenants, conditions, or provisions that may be deemed necessary or appropriate to ensure the payment of the equipment trust certificate from legally available sources of funds, as specified in the equipment trust certificates.
(4) Provide that the covenants, conditions, and provisions of an agreement, lease, or equipment trust certificate do not conflict with any of the provisions of any trust agreement securing the payment of any bond, note, or certificate of the Transit Agency. (5) File an executed copy of each agreement, lease, or equipment trust certificate in the office of the California Secretary of State, and pay the fee, as set forth in paragraph (3) of subdivision (a) of Section 12195 of the Government Code, for each copy filed d. The Transit Agency acknowledges that California Secretary of State may charge a fee for the filing of an agreement, lease, or equipment trust certificate under California Government Code section 6518. The agreement, lease, or equipment trust certificate shall be accepted for filing only if it expressly states thereon in an appropriate manner that it is filed under California Government Code section 6518. The filing constitutes notice of the agreement, lease, or equipment trust certificate to any subsequent judgment creditor or any subsequent purchaser. e. Each vehicle purchased or leased under California Government Code section 6518 shall have the name of the owner or lessor plainly marked on both sides thereof followed by the appropriate words “Owner and Lessor” or “Owner and Vendor,” as the case may be.

Section 8: Issuance of Revenue Bonds or Other Debt
Pursuant to Article 2, commencing with section 6540, of Chapter 5 of Division 7 of Title 1 of the California Government Code and upon the affirmative authorization of each of the Member Agencies, the Transit Agency may issue revenue bonds or other forms of indebtedness, including refunding bonds, pursuant to that article to pay the cost and expenses of acquiring or constructing mass transit facilities or vehicles, including any or all expenses incidental thereto or connected therewith, and such expenses may include engineering, inspection, legal and fiscal agents’ fees, costs of the issuance and sale of said bonds, working capital, reserve fund, and bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction. The proceeds of the bonds shall be used only for the project provided for in the indenture pursuant to which such revenue bonds are issued.

Pursuant to California Government Code section 6547.8, no Director shall be personally liable on the bonds or subject to any personal liability by reason of the issuance of bonds pursuant to this authority.

Pursuant to California Government Code section 6551, said revenue bonds shall not constitute a debt, 17

liability, or obligation of any Member Agency unless that Member Agency has given its express written consent to such obligation.

Section 9: Insurance
The Transit Agency shall obtain insurance for all Directors and Member Agencies, including, but not limited to, directors and officers liability insurance, and general liability insurance, containing policy limits in such amounts as the Board shall determine will be necessary to adequately insure against the risks of liability that may be incurred by the Transit Agency.

Section 10: Dispute Resolution Procedures
This Section shall govern the resolution of all controversies or claims among or between the Parties, including those that may arise between the Transit Agency and a Member Agency, that arise from or are related to this Agreement and any modifications hereto (collectively, "Arbitrable Disputes"). Wherever this Agreement makes reference to any means of resolving Arbitrable Disputes among or between the Parties, and/or the Transit Agency and a Member Agency, the Parties agree to follow the meet and confer and mediation procedure described below prior to initiating any litigation to resolve the dispute. Pending the resolution of any dispute hereunder, the Transit Agency and each Party shall continue to perform or otherwise fulfill its obligations under the Agreement. For convenience, the parties to a particular dispute are referred to in this Article as the “Disputants” and may include one or more Member Agencies and /or the Transit Agency.
a. Opportunity to Cure. Notwithstanding any other provision in this Agreement, no Disputant may terminate the Agreement or pursue any remedy for any breach of this Agreement without first giving the applicable Party written notice of such breach and a reasonable time, not less than thirty (30) days, within which to cure such breach. b. Voluntary Resolution, Meet and Confer Obligation. In recognition of the government-to-government relationships of the Parties, the Disputants will make their best efforts to resolve disputes that occur under this Agreement by good faith negotiations whenever possible.

Therefore, without prejudice to the right of any Disputant to seek injunctive relief against the other(s) pursuant to this Section 10, subsection e., when circumstances are deemed to require injunctive relief, the Parties hereby establish a threshold requirement that disputes between or among the Disputants first be subject to a process of meeting and conferring in good faith in order to allow the opportunity to cure any breach of contract issue between or among the Disputants, and to foster a spirit of cooperation and efficiency in the administration and monitoring of performance and compliance by each other with the terms, provisions, and conditions of this Agreement, as follows:
(1) Any Disputant shall give the other applicable Disputant(s), as soon as possible after the event giving rise to the concern, written notice setting forth, with specificity, the issues to be resolved. Notice shall be provided consistent with Section 11 below. Said notice shall suggest a date, time and place for the meeting. The Disputants may jointly decide to meet at another time and place; provided, however, the Disputants agree that such meeting shall commence within fifteen (15) calendar days after the date that the original 18

notice was given to the applicable Party, unless the Disputants agree that there is good cause to extend this time limit.
(2) The Disputants agree that the meet and confer, including proceedings or discussions concerning the proposed meet and confer, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during a meet and confer by any Party or a Party’s agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or be admissible for any purpose, including impeachment, in any litigation or other proceeding, including mediation, involving the Disputants; provided, however, that evidence otherwise subject to discovery or otherwise admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the meet and confer.
(3) Absent mutual consent of the Disputants, if a noticed meeting fails to commence within the fifteen (15) calendar day period, or if a reasonable attempt to schedule or reschedule the meeting has not been made within those fifteen (15) calendar days, then the meet and confer obligation imposed under this Section shall be deemed to have been satisfied and the Disputants shall be free to pursue their rights and remedies under this Section 10, unless the reason for such failure to meet and confer is the refusal of the Party asserting a claim to participate in the meet and confer, in which event said claim will be deemed to have been waived.
(4) If the dispute is not resolved to the satisfaction of the Disputants within thirty (30) calendar days after the first meeting, then upon the written request of any Disputant, the dispute may be submitted to non-binding mediation in accordance with Subsection c of this section ("Mediation Request"). The disputes submitted to non-binding mediation shall be limited to claims that this Agreement has been breached by one or more Disputants or the Transit Agency.
c. Mediation. In the event a dispute arising under this Agreement is not resolved through the above-described meet and confer process, then within thirty (30) days after notice is provided through a Mediation Request, the Disputants to the dispute agree to participate in non-binding mediation administered by a mediator, mutually agreed to by the Disputants, to help mediate and settle the dispute as soon as practicable. The mediation shall proceed as follows:
(1) The mediation shall be held at a mutually agreeable location within Tulare County, California. (2) The Disputants shall work together to select a single mediator, but if the Disputants cannot agree on a mediator within forty-five (45) calendar days of the Mediation Request, then each Disputant will provide the others with three (3) names of proposed mediators based on substantive and procedural knowledge, availability, and location. Each Disputant will have an opportunity to strike one (1) name from the list provided by the other Disputants and rank the remaining two (2) names 1-2, with one (1) being the most favorable. The Disputants shall then exchange lists of proposed mediators and the ranking numbers from each Disputant will be added together; the proposed mediator whose combined ranking number is the lowest, which is most favorable, will be deemed to have been chosen to serve as mediator for the particular dispute (the "Mediator"). If any Disputant 19

fails to act within the forty-five (45) calendar day period, then the mediator shall be appointed by Fresno, California office of the American Arbitration Association ("AAA") in accordance with applicable AAA Commercial Arbitration Rules for large, complex commercial disputes. (3) The Mediator shall meet with and hear presentations by the Disputants as soon as practicable after appointment. (4) Mediation will be conducted consistent with California Evidence Code Sections 1115- 1129, this Section 10, and, to the extent practicable, the Commercial Mediation Procedures of the American Arbitration Association ("AAA"). The Mediator shall owe a professional duty to all Disputants, and shall be barred from testifying in any litigation or arbitration concerning any information obtained or disclosed in the course of the mediation. (5) Each Disputant shall bear its own costs and attorneys’ fees, and an equal proportionate share of all fees and expenses of the Mediator.
(6) Unless otherwise agreed upon by the Disputants in writing, the mediation shall be completed within ninety (90) days of the selection of the Mediator. (7) The Mediator’s recommendations shall not be binding on or admissible against any Disputant. The Arbitrable Dispute shall be resolved in accordance with the litigation provisions set forth in Subsection d. below if: (1) a Disputant elects to reject the Mediator’s recommendations; or (2) the Mediator does not meet with the Disputants. (8) The Disputants agree that the mediation, including proceedings or discussions concerning the mediation, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during the mediation by any Disputant or a Disputant’s agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding involving the Disputants; provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the mediation. d. Litigation. Following the satisfaction of the meet and confer and mediation requirements, any controversy(ies) or claim(s) arising out of or relating to this Agreement that was not resolved during the meet and confer or mediation process (as applicable) may be resolved through litigation by or among the Disputants.
e. Expedited Procedure for Threats to Public Safety
(1) Judicial Litigation. If any Disputant reasonably believes that another Disputant’s violation of this Agreement has caused or will cause an imminent and significant threat to public health or safety, resolution of which cannot be delayed for time periods otherwise specified in this Section 10, then the complaining Disputant may proceed with judicial litigation consistent with the provisions of this Section 10.
(2) The Parties consent to the jurisdiction of the Tulare County Superior Court for purposes of obtaining declaratory relief and specific performance under this Subsection.

Section 11: Notice
20

All notices required by this Agreement will be deemed to have been given when made in writing and personally delivered or mailed to the respective representatives of Parties at their respective addresses on file with the Transit Agency. Any Party may change the address to which such communications are to be given by providing the other Parties with written notice of such change at least fifteen (15) calendar days prior to the effective date of the change. All notices will be effective upon receipt and will be deemed received through delivery if personally served, or on the fifth (5th) day following deposit in the mail.

Section 12: No Third Party Beneficiaries and No Assignment This Agreement is not intended to, and will not be construed to, confer a benefit or create any right for any person or entity that is not a Party. The Parties agree that this Agreement and any of the obligations of the Parties under this Agreement may not be assigned to any third party and that no third party possesses the right or power to bring an action to enforce any of the terms of this Agreement.

Section 13: Waiver
The waiver by any Party or any of its officers, agents or employees or the failure of any other Party or its officers, agents or employees to take action with respect to any right conferred by, or any breach of any obligation or responsibility of this Agreement, shall not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of any terms, covenants or conditions of this Agreement.

Section 14: Authorized Representatives
The persons executing this Agreement on behalf of the Parties hereto affirmatively represent that each has the requisite legal authority to enter into this Agreement on behalf of their respective Parties and to bind their respective Parties to the terms and conditions of this Agreement. The persons executing this Agreement on behalf of their respective Parties understand that all Parties are relying on these representations in entering into this Agreement.

Section 15: Successors in Interest
The terms of this Agreement will be binding on all successors in interest of each Party.

Section 16: Severability
If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. The Parties shall endeavor in good faith negotiations to replace the prohibited or unenforceable provision with a valid provision, with the economic effect of which comes as close as possible to that of the prohibited or unenforceable provision in accordance with Article IV, section 10 of this Agreement. 21

Section 17: Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter, and supersedes all prior negotiations, representations, or other agreements, whether written or oral. In the event of a dispute among the Parties as to the language of this Agreement or the construction or meaning of any term hereof, this Agreement will be deemed to have been drafted by the Parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against any Party to this Agreement. Headings contained in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

Section 18: Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California.

Section 19: Counterparts
The Parties may sign this Agreement in counterparts, each of which is an original and all of which taken together form one single document. A signed copy or signed counterpart of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of a signed original or signed copy of this Agreement.

Section 20: Manual or Electronic Signatures
The Parties may sign this Agreement by means of manual or electronic signatures. The Parties agree that the electronic signature of a Party, whether digital or encrypted, is intended to authenticate this Agreement and to have the same force and effect as a manual signature. For purposes of this Agreement, the term “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with this Agreement and executed and adopted by a Party with the intent to sign this Agreement, including facsimile, portable document format, or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17), as it may be amended from time to time.
[THIS SPACE LEFT BLANK INTENTIONALLY; SIGNATURES FOLLOW ON NEXT PAGES] 22

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

COUNTY OF TULARE
By
Chair, Board of Supervisors
Attest: Jason T Britt, County Administrative Officer/Clerk of the Board of Supervisors By
Approved as to Form:

COUNTY COUNSEL
By
Deputy (Matter No. 20192039)

CITY OF TULARE
By
Mayor
Attest:

By
Tulare City Clerk
Approved as to Form:

By
Tulare City Attorney

CITY OF EXETER
By
Mayor
Attest:

By
Exeter City Clerk
Approved as to Form:

By
Exeter City Attorney

CITY OF FARMERSVILLE
By _____________________________________
Mayor
Attest:

By _____________________________________
Farmersville City Clerk
Approved as to Form:

By _____________________________________
Farmersville City Attorney
23

CITY OF LINDSAY
By _____________________________________
Mayor
Attest:

By _____________________________________
Lindsay City Clerk
Approved as to Form:

By _____________________________________
Lindsay City Attorney

CITY OF PORTERVILLE
By _____________________________________
Mayor
Attest:

By ______
Porterville City Clerk
Approved as to Form:

By _____________________________________
Porterville City Attorney

CITY OF WOODLAKE
By
Mayor
Attest:

By
Woodlake City Clerk
Approved as to Form:

By
Woodlake City Attorney

TULE RIVER INDIAN TRIBE
By
Chairperson
Approved as to Form:

By
Tule River Tribal Attorney
24 Item No. 12.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Authorization of Out-of-State Travel
SOURCE: Fire
COMMENT: On February 7-10, 2023, three Fire Department personnel traveled to the Pierce Manufacturing Facility, located in Wisconsin. During their trip, they evaluated and inspected several different types of fire apparatus. The evaluation and inspection process will assist the Department with planning for the purchase and replacement of future apparatus. Travel was provided by the manufacturer with the exception of three days of per diem expenses.

Staff requests that the City Council authorize out-of-state travel for three City of Porterville Fire Department personnel to the Pierce Manufacturing Facility, located in Wisconsin, for the evaluation and planning of the upcoming Ladder Truck and Fire Engine design.

RECOMMENDATION: That the City Council authorize out-of-state travel and per diem expenses for three Fire Department personnel to the Pierce Manufacturing Facility, located in Wisconsin, for the evaluation and planning of Ladder Truck and Fire Engine design.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
Item No. 13.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: City Council Member Requested Agenda Item - Consider Authorization to Distribute a Request for Qualifications to Add to the List of Qualified Material Testing Firms and Annual Review by City Council
SOURCE: City Manager's Office
COMMENT:

Council Member Meister has requested that the City Council consider authorization to distribute a Request for Qualifications to add to the list of qualified material testing firms and for annual review by Council. Pursuant to the City Council Procedural Handbook, should the Council approve to consider Council Member Meister's request, the subject would be considered as a Scheduled Matter at the Council's next regular meeting.

RECOMMENDATION: That the City Council approve Council Member Meister's request to consider authorization to distribute a Request for Qualifications to add to the list of qualified material testing firms and for Council to annually review.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
Item No. 14.

CITY COUNCIL AGENDA – MARCH 21, 2023
SUBJECT: Status and Review of Local Drought Emergency
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of March 7, 2023, 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.

At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that Item No. 14.
the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.

Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the 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.

Item No. 14.

To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.

A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.

In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at its meeting on Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is 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 Item No. 14.
focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.

City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.

Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.

Staff is coordinating with State staff on addressing these new isolated needs.

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water 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 Item No. 14.

July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water 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
Item No. 14.

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

8. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

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

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

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

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

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

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THEREFORE BE IT RESOLVED THAT:

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

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

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

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

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

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

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

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

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

Authority: Section 1058.5, Water Code.

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

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

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

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

Repeal sections:

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

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

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

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

Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
~X ~ ~d ~ S7 ll ~ '~ ~ r ,~ ~ ~~~li~ ~~i" °• _ «<-~ only ~,'.;?~ bffi~e c u ~ ~.e~ ,'~;1 ~,° ~;,;. _ ~(fhv S~.~ of ~~~nmi~
~~~~ s~,~, jm~ rti r ~a-s~

NOTICE REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Authority: Section 105$.5, Water Code.

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

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

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

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

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

3pg18xi20

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

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

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

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

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

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

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

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

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

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

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

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

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

A.2. SCOPE OF WORK.

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

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

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

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

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

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

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

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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

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

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

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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