Porterville City Council
April 18, 2023

City Council Agenda April 18, 2023

AMENDED CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET, PORTERVILLE, CA 93257
and PARADISE POINT, HOTEL LOBBY -1404 VACATION ROAD,
SAN DIEGO, CA 92109
APRIL 18, 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 April 18, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83025797492?pwd=bWV1dGh4TURBRVFaa2dPVnkyeUt3UT09 Or via Telephone: 1-669-900-6833 Webinar ID: 830 2579 7492 Passcode: 497954 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: 302-110-073. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Robert C. and Gail L. Nuckols (TRS Family Trust). Under Negotiation: Terms and Price.

2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis, Patrice Hildreth and Yuliana Andrade. Employee Organizations: Porterville City Firefighters Association, Porterville City Employees Association, Management & Confidential Series, and all unrepresented management employees.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Miguel and Anna Moreno. Agency claimed against: City of Porterville.

4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Rae Dean Strawn v. Bruce Sokoloff et al., U.S. District Court, Eastern District, Case No. 1:22-CV-1245 AWI EPG.

City Council Agenda April 18, 2023

5 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Cecilia Chavez et al. v. City of Porterville et al., U.S. District Court, Eastern District, Case No. 22-cv-00794-ADA-SKO.

6 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel - Existing Litigation: Anthony Luckey v. City of Porterville et al., U.S. District Court, Eastern District, Case No. 1:23-CV-00551-ADA-BAM.

7 - Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation: Ana Isabel Moreno v. City of Porterville et al., U.S. District Court, Eastern District, Case No. 1:23-CV-00541-JLT-SKO.

8 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiff.
9 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 10 - 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 Council Member Beltran
Invocation

PRESENTATIONS
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; subcommittee reports; and staff informational items.

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - April 6, 2023

2. Library & Literacy Commission - April 11, 2023

3. Arts Commission

4. Animal Control Commission - April 13, 2023

5. Youth Commission - April 12, 2023

6. Transactions and Use Tax Oversight Committee (TUTOC) City Council Agenda April 18, 2023

II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - March 2023

2. Spring Clean-up Event

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

1. City Council Minutes of December 06, 2022, and April 04, 2023.

Re: Considering approval of the City Council Meeting draft Minutes of December 06, 2022, and April 04, 2023.

2. Authorization to Purchase Specialized Equipment - Laboratory Refrigerators Re: Consideration to award the purchase of three laboratory refrigerators to Fisher Scientific for an amount not to exceed $23,639 which includes taxes, fuel charge and a ten percent (10%) contingency.

3. Renewal of Sophos Endpoint and Email Security
Re: Consideration to approve the current renewal of Sophos Intercept X with XDR/EDR and Email Advanced from GovConnection, Inc. for three years at a cost of $29,398.18; and approve the option to renew the Sophos subscription for an additional three years for a total of six years coverage to take advantage of end of the year discounts that will save costs.

4. Acceptance of Project - Island Annexation Area 478B & C Sewer Project Re: Consideration to accept the Sewer Projects as complete in Annexation Area 478B (generally along West North Grand Avenue to the north and Pioneer Avenue to the south between North Prospect Street to the west and State Route 65 to the east) and 478C (generally in the area south of Harrison Avenue and along Olive Avenue between Road 222 to the west and Westwood Street to the east).

5. Authorization to Distribute Request for Proposals to Update the Public Health & Safety Element and Preparation of an Environmental Justice Element to the Porterville 2030 General Plan
Re: Consideration to authorize staff to distribute a Request for Proposals for the update to the Public Health & Safety Element and preparation of an Environmental Justice Element to the City’s 2030 General Plan.

6. Intent to Set a Public Hearing to Consider Annual Adjustment of Fees by Application of the Engineering News-Record Cost Index
Re: Consideration to set a Public Hearing for June 13, 2023, pursuant to Government Code Section 66016, to consider the implementation of the City's Impact Fee ENR Cost Index auto escalator.

7. Authorization to Execute Consultant Agreement with 4Creeks, Inc - Veterans Park Multi-Use Trail, Phase 2
Re: Consideration to authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the design of Phase 2 of the Veterans Park Multi-Use Trail, with 4Creeks, Inc. in the amount of $132,355.

City Council Agenda April 18, 2023

8. Authorization of Temporary Overflow Parking on City Property Re: Consider authorization for temporary parking at the Porterville Sports Complex and City property adjacent to the east of the Porterville Fairgrounds in support of the opening of the new Eagle Mountain Casino the days of April 20 - 23 and May 5 - 14, 2023.

9. Resolution Approving Side Letter with Porterville City Employees Association and Management and Confidential Series Employees Concerning Class A Driver's License Incentive Pay
Re: Consideration of approving a draft Resolution to establish incentive pay for employees in certain classifications for attaining and retaining a Class A Driver's License.

10. Out-of-State Travel for Fallen Firefighter Memorial Re: Consideration to authorize travel by City representatives to Emmitsburg, Maryland; and approve up to $4,000 in anticipated travel expenses from the Fire Department's annual budget.

11. 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

12. Substantial Amendment to the 2022/2023 Action Plan for use of Community Development Block Grant (CDBG) Funds and Program Income Re: Consideration of a draft Resolution approving the use of Community Development Block Grant Funds with proposed changes for the 2022/2023 Program Year Entitlement and Program Income Allocations.

13. Community Development Block Grant 2023/24 Action Plan Re: Consideration to adopt the draft Resolution approving the 2023/24 Action Plan.

SCHEDULED MATTERS

14. Agreement for the Provision of Recycled Water and Provisional Domestic Water for the Tule River Tribe Development Project
Re: Consideration of the draft Agreement, provide any additional direction, and authorize the execution of the Agreement subject to approval by the City Manager and City Attorney.

15. 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.

16. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts or likely impacts relative to increased flow of the Tule River; and ratify the emergency expenditures of $6,417.70 for Water Rescue Equipment for the Fire Department, and $13,151 for the 30-day rental of two mobile shower and restroom units for the Armory temporary evacuation point and emergency shelter.

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

City Council Agenda April 18, 2023

1. Local Initiatives Navigation Center (LINC) Committee - April 5, 2023

2. Eastern Tule Groundwater Sustainability Agency (ETGSA) - April 6, 2023

3. AB 1234 Training - April 7, 2023

4. Tulare County Water Commission - April 10, 2023

5. Tulare County Regional Transit Authority (TCRTA) - April 12, 2023 (RESCHEDULED)

6. Police Officer Swearing In Ceremony - April 13, 2023

7. CalVans Board - April 13, 2023 (CANCELLED)

8. Friant Water Authority 2023 Annual Meeting - April 13, 2023

9. Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) Board - April 17, 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 May 2, 2023, at 5:30 p.m.

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

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

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

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: 1. Water Conservation Phase IV Status Update - March 2023 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of October 1, 2022. The Water Conservation Plan applies to all municipal water users within or outside the city limits.

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

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

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for March 2023 show that one notice of violation was issued for water wasting, and two administrative citations were issued.

Water production for March 2023 reflects a twelve percent (12%) decrease to the 5-year average. The monthly production for March was 164 million gallons, which is a twenty-one percent (21%) decrease compared to March 2013 at 209 million gallons. Residential consumption for March 2023 was sixty-one (61) gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from June 2015 through March 2023. Porterville's cumulative total production conservation through March 2022 is twenty (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through March 2023. Porterville's cumulative total GPCD conservation through March 2023 is twenty-four percent (24%).

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

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a twenty-five percent (25%) decrease from March 2022 to March 2023. California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2). The City of Porterville's Water Conservation Plan Phase IV meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N-10-21.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status March 2023

2. Monthly Production Status GPCD March 2023

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through March 2023 Production Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through March 2023 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.

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

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

WATERING PROHIBITED

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

NO WATERING

MONDAY THROUGH
FRIDAY.

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

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

OR
CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: 2. Spring Clean-up Event
SOURCE: Public Works
COMMENT: To encourage local property maintenance and beautification, the City sponsors two clean-up events every year, the first in the Spring and the second in the Fall. These events offer City residential refuse customers free disposal of general trash, mattresses, bulky items, woodwaste, yard clippings, and e-waste at the City's Corporation yard. City residents are required to bring a current City of Porterville refuse bill as proof of residency. Business or commercial waste is not allowed. Trailers will be limited to no longer than ten (10) feet, and participants will be required to unload their own vehicle. Items not accepted will include tires, refrigerators, and any type of hazardous waste.

The Spring clean-up event is scheduled for April 22, 2023, as approved by the City Council at its meeting on February 21, 2023. This event will occur from 8:00 a.m. until 2:00 p.m. As in the past, the events are open to all residents receiving City residential refuse service. The cost for this event is funded through the Solid Waste Operating Budget.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Spring 2023 Clean Up Event Flyer (English)

2. Spring 2023 Clean-Up Event Flyer (Spanish)
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
2023 COMMUNITY CLEAN-UP &
SATURDAY, APRIL 22, 2023
FROM 8:00 AM to 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
FOR MORE INFORMATION CALL 559-782-7513 OR VISIT WWW.CI.PORTERVILLE.CA.US

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

Participants will be required to unload their own vehicle.

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

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

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

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

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

DISPOSAL EVENT

TULARE COUNTY HOUSEHOLD HAZARDOUS & E-WASTE
One Day Clean-Up Event at Tulare County Fire Station,
22315 Ave 152, Porterville, from 8:00 a.m. to 12:00 p.m. • No agricultural or business waste, explosives, radioactive materials, biowaste, or asbestos will be accepted. • By law, an individual may not transport more than 15 gallons or 125 pounds of hazardous waste to a mobile collection facility. • For more information, call Tulare County Environmental Health:
(559) 624-7400 or visit www.tularecountyeh.org
• For a list of used oil collection centers near you, call 1-800-CLEANUP These Items May Be Disposed Of
At No Cost:
• Computers/Monitors
• Cell Phones/Televisions
• Automotive Batteries
• Automotive Fluids & Anti- freeze
• Fluorescent Lamps & Tubes
• Garden Chemicals/ Pesticides
• Household Batteries
• Household Cleaners/Poisons
• Pool Chemicals
• Paints/Solvents/Aerosol Cans
• Used Motor Oil & Filters/ Gasoline
2023 EVENTO COMUNITARIO DE
SÁBADO, ABRIL 22, 2023
DE 8:00 AM a 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
PARA MAS INFORMACIÓN LLAME AL 559-782-7513 O VISITE WWW.CI.PORTERVILLE.CA.US

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

Los participantes deben descargar su propio vehículo.

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

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

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

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

Residuos Peligrosos Del Hogar (Pilas, Pinturas de Látex, Aceite y Filtros de Aceite, Lámparas Fluorescentes, Llantas, Refrigeradores, Partes de autos de tamaño grande (Cabina, Plataforma de Camioneta, etc.)

PRIMAVERA GRATIS
LIMPIEZA Y ELIMINACIÓN
RESIDUOS PELIGROSOS DOMÉSTICOS & ELECTRÓNICOS DEL CONDADE TULARE • No se aceptarán residuos agrícolas o empresariales, explosivos, materiales radiactivos, biorresiduos o amianto.
• Es contra la ley, que una persona transporte más de 15 galones o 125 libras de desechos peligrosos a una instalación móvil de colección. • Para más información, llame al Departamento de Salud Ambiental del Condado de Tulare: (559) 624-7400 o visite www.tularecountyeh.org • Para obtener una lista de los centros de recolección de aceite usados cerca de usted, llame al 1-800-CLEANUP.

Se Puede Deshacerse de Estos
Artículos Sin Costo Alguno:
• Computadoras/Pantallas
• Teléfonos Celulares/Televisores
• Baterías de Automóviles
• Fluidos y Anticongelantes para Áutomóviles
• Lámparas y Tubos Fluorescentes
• Químicos de jardín/ pesticidas
• Pilas
• Limpiadores Domésticos/Venenos
• Químicos para Piscina
• Pinturas/Disolventes/Contenedores de Aerosol
• Aceite y Filtros de Aceite/Gasolina
Evento de Limpieza de Un Día en la Estación de Bomberos del Condado de Tulare,
22315 Ave 152, Porterville, 8:00 a.m. - 12:00 p.m.

Item No. 1.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: City Council Minutes of December 06, 2022, and April 04, 2023.

SOURCE: Administrative Services
COMMENT: Staff has prepared the draft minutes for December 06, 2022, and April 04, 2023.

RECOMMENDATION: That the Council approve the draft Minutes of December 06, 2022, and April 04, 2023.

ATTACHMENTS: 1. 2022-12-06 Draft Minutes

2. 2023-04-04 Draft Minutes
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
DECEMBER 6, 2022, 5:30 PM
Call to order @ 5:30 pm
Roll Call: Councilmember Donald Weyhrauch (via teleconference), Councilmember Lawana Tate, Councilmember Milt Stowe, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 259-040-047. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Smee Homes, Inc. Under Negotiation:

Terms and Price.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Diego Bedolla. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Strawn v. Sokoloff Et Al., U.S. District Court, Eastern Division, Case No. 1:22- CV-1245 AWI-EPG.
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.
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported that no reportable action had taken place during Closed Session.

The Pledge of Allegiance was led by Mayor Martha A. Flores.

Invocation – Councilmember Stowe and a member of the public came forward to give an invocation.

PRESENTATIONS

Introduction Leadership Porterville Class of 2023
Tulare County Regional Transit Agency (TCRTA) Presentation

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, thanked Council Member Milt Stowe and Council Member Lawana Tate for their service to the community.
 Virginia Gurrola, Porterville, thanked Council Member Lawana Tate for her service and lauded staff for everything they do for the City.
 Yalimar Garcia, Porterville, expressed awareness of the Development Block Grant & Housing Advisory Committee and stated the committee should have regular meetings each month, rather than once a year.
 Scott Bowler, Porterville Chamber of Commerce, stated that the Chamber appreciated the Council’s consideration to move the Christmas Parade to Thursday, December 8th, due to weather and spoke of recent chambers events such as First Friday Coffee and Chamber Orientation.
 Marco Galina, Porterville, spoke of his desire in the City Council revoking a previously awarded Business of the Year of 2019.

AB 1234 REPORTS
Mayor Flores advised that all AB1234 reports would be made after Scheduled Matters.

CONSENT CALENDAR
COUNCIL ACTION: MOVED by Council Member Milt Stowe, SECONDED by Council Member Donald Weyhrauch that the City Council approve Items Nos. 1-10.

The motion carried unanimously.

1. REPLACEMENT OF POLICE VEHICLE
Recommendation: That the City Council;

1. Authorize staff to negotiate the purchase of one police vehicle from National Auto Fleet in the amount of $43,133.23; and

2. Authorize payment to respective vendor upon receipt of listed equipment.

Documentation: M.O. 01-120622
Disposition: Approved.

2. AUTHORIZATION OF CONSTRUCTION OF CONCRETE SLABS FOR

FITNESS EQUIPMENT AT ZALUD PARK
Recommendation: That the City Council authorize the construction of concrete slabs by Advanced Concrete for fitness equipment at Zalud Park in an amount of $19,815.

Documentation: M.O. 02-120622
Disposition: Approved.

3. Acceptance of Project - Olive Avenue & Newcomb Street Traffic Signal Upgrade Project
Recommendation: That City Council:

1. Accept the Project as complete. and

2. Authorize the filing of the Notice of Completion.

Documentation: M.O. 03-120622
Disposition: Approved.

4. Addendum No. 1 To 4Creeks, Inc. Butterfield Stage Corridor 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 $13,000 for the services described herein; and

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

Documentation: M.O. 04-120622
Disposition: Approved.

5. RENEWAL OF AIRPORT LEASE AGREEMENT - LOT NO. 49A
Recommendation: That the City Council approve the renewal of the Lease Agreement between the City and Elaine Wall for Lot No. 49A at the Porterville Municipal Airport for a term of ten (10) years.

Documentation: M.O. 05-120622
Disposition: Approved.

6. RENEWAL OF AIRPORT LEASE AGREEMENT AND CONSENT TO
SUBLET – LOT NO. 49B
Recommendation: That the City Council:

1. Approve the renewal of the Lease Agreement between the City and Michael Quatacker and Debbie Quatacker for Lot No. 49B at the Porterville Municipal Airport for a term of ten (10) years;

2. Authorize the Lessee, Michael Quatacker and Debbie Quatacker, to sublet airport hangar on Lot No. 49B at the Porterville Municipal Airport to David Sherwood on a month-to-month basis; and

3. Authorize the Mayor to sign the Lessor's Consent to Sublet Airport Hangar Lot No. 49B on behalf of the City.

Documentation: M.O. 06-120622

Disposition: Approved.

7. RENEWAL OF AIRPORT LEASE AGREEMENT - LOT NO. 46C
Recommendation: That the City Council approve the renewal of the Lease Agreement between the City and Michael Quatacker and Debbie Quatacker for Lot No. 46C at the Porterville Municipal Airport for a term of ten (10) years.

Documentation: M.O. 07-120622
Disposition: Approved.

8. COMMUNITY CIVIC EVENT - CHILDREN'S CHRISTMAS PARADE
RESCHEDULING - DECEMBER 8, 2022
Recommendation: That the City Council approve the Rotary Club of Porterville and the Porterville Chamber of Commerce request to reschedule the Children's Christmas Parade to Thursday, December 8, 2022, subject to the restrictions and requirements contained in the Community Civic Event Application and Agreement, Exhibit A and Exhibit B.

Documentation: M.O. 08-120622
Disposition: Approved.

9. 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. 112-2022
Disposition: Approved.

10. 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. 09-120622
Disposition: Approved.

PUBLIC HEARINGS

11. GOLF COURSE FEES
Recommendation: That the City Council:

1. Conduct a Public Hearing to solicit comment on the proposed golf course fees; and

2. Consider adoption of the draft Resolution approving the new golf course fees.

City Manager Lollis introduced the item and Parks and Leisure Services Director Donnie Moore presented the staff report.

The Public Hearing opened at 7:07 p.m. and closed at 7:08 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Stowe, SECONDED by Mayor Flores that the City Council approve the draft resolution approving the new golf course fees. The motion carried unanimously.

Documentation: Resolution No. 113-2022
Disposition: Approved.

SCHEDULED MATTERS

12. CONSIDERATION OF CITY CODE PROHIBITING COMMERCIAL

VEHICLES FROM USING CERTAIN STREETS
Recommendation: That the City Council consider and review the City's Code requirements for prohibiting commercial vehicles from using certain streets, specifically E.

Yates Avenue, S. Fourth Street, S. Roche Street, and E. Worth Avenue between S. Second Street and S. Plano Street.

City Manager Lollis introduced the item and the Engineering and Project Management Director Javier Sanchez presented the staff report.

In response to a Council inquiry, staff clarified the proposed change prohibits larger commercial vehicles such as eighteen wheelers, and that signage would be posted for drivers stating that the road limit for vehicles is not to exceed three or four tons.

COUNCIL ACTION: MOVED by Council Member Donald Weyhrauch, SECONDED by Mayor Martha A. Flores that the City Council approve the draft resolution prohibiting commercial vehicles prohibiting commercial vehicles from using certain streets, specifically E. Yates Avenue, S. Fourth Street, S.

Roche Street, and E. Worth Avenue between S. Second Street and S. Plano Street. The motion carried unanimously.

Documentation: Resolution No. 114-2022
Disposition: Approved.

13. MILITARY BANNER PROGRAM BANNER LOCATIONS
Recommendation: That the City Council provide direction on the location of new military banners as the program expands past its current designated locations.

City Manager Lollis introduced the item and the Leisure Services Specialist Amy Graybehl presented the staff report.

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Stowe that the City Council approve the recommendation made by the Military Banner Committee to approve street locations of Henderson Avenue (Main to Plano Streets), Morton Avenue (Main to Hillcrest Streets), Jaye Street (Putnam Avenue to State Route 190), Newcomb Street (Mulberry to Morton Avenues), and Putnam Avenue (Carmelita to Plano Street). The motion carried unanimously.

Documentation: M.O. 10-120622
Disposition: Approved.

14. BID RESULTS - TULE RIVER PARKWAY, PHASE 3 PROJECT
Recommendation: That the City Council:

1. Reject all bids; and

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

City Manager Lollis introduced the item and Engineering and Project Management Director Javier Sanchez presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Stowe that the City Council reject all bids and authorize staff to re-advertise for bids on the Tule River Parkway, Phase 3 Project. The motion carried unanimously.

Documentation: M.O. 11-120622
Disposition: Approved.

AB 1234 REPORTS

1. Social Services Transportation Advisory Council (SSTAC) - November 8, 2022 Vice Mayor Carrillo reported on her attendance, the approval of minutes, discussions concerning the previous month’s ride days report, TransPort Expansion, Genfare Implementation, and a discussion on transportation planning and coordination.

2. Transportation Forum - November 9, 2022

Vice Mayor Carrillo reported on her attendance and topics of discussion including different funding, grants, and programs. She stated a discussion also took place concerning potential FTA funding for Fiscal Year 2022.

3. Police Department Badge Pinning Ceremony - November 16, 2022 Mayor Flores reported on her attendance, noting it what wonderful to be there and see Corporal Carlos Ochoa, promoted to Sergeant with the support of his family and colleagues.

Council Member Stowe congratulated Carlos Ochoa on his promotion and said he's known him since he was a little boy and has watched him grow up, and that he is proud of him and the department.

Council Member Weyhrauch recognized Carlos Ochoa for accepting the position, and lauded the City’s leadership team in the Police Department for developing quality candidates.

4. Mighty 190 Committee - November 16, 2022
Council Member Tate reported on her attendance and stated it was amazing to see all the different levels of departments and businesses working together to promote tourism.

5. Tulare County Homeless Task Force - November 16, 2022 Mayor Flores reported on those in attendance, the adoption of a resolution to allow for remote meetings, the approval of minutes, the cancellation of the December 21st meeting, and a presentation by Noah Whitaker on updates on the Project Room Key and Home Key.

6. Council of Cities - November 16, 2022 – Cancelled.

7. Library Facility Planning Committee - November 17, 2022 Vice Mayor Carrillo reported on the approval of minutes, and presented new library updates such as the city’s acquisition of the parcel across the street from the South Valley Justice Center and of the Request for Qualifications on the design of the new library.

8. Porterville Chamber of Commerce Annual Installation & Awards Show - November 18, 2022
Mayor Flores reported on those in attendance and thanked Adonis Nuckols for setting things up for the event. Mayor Flores also acknowledged all of the nominees in all the categories and congratulated the many recognized individuals and businesses nominated for awards.

9. TCAG/Tulare County Transportation Authority (TCTA) Board - November 21, 2022 – Cancelled.

10. Community Christmas Tree Lighting Ceremony - November 25, 2022 Mayor Flores stated that the event was very magical and stated that she enjoyed seeing everyone who attended.

11. Military Banner Committee - November 29, 2022
Vice Mayor Carrillo reported on the approval of minutes; spoke of the opening of the 2023 application period, process, the cost of banners, and new locations for banners.

12. Internal City Audit Committee - November 30, 2022
Mayor Flores reported on those in attendance, the approval of minutes, a review of the Barn Theater Agreement, a review of the Kiwanis Club Agreement, and review of the Comision Honorificana Americana Agreement.

13. Eastern Tule Groundwater Sustainability Agency (ETGSA) - December 1, 2022 Council Member Weyhrauch reported on the approval of minutes; the review of financial statements; and several discussion items under the administration items.

14. Porterville Chamber of Commerce First Friday Coffee - December 2, 2022 Council Member Stowe stated he had the privilege of attending the First Friday Coffee event and said the mayor gave an outstanding job of presenting the State of the City Address.

Mayor Flores thanked everyone involved in the preparation and making of the State of the City Address successful. Flores also thanked Council Member Elect Raymond Beltran and Greg Meister for their attendance and stated it's always an honor and privilege to share with the community everything that is done in the city.

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, inquired about the status of the planned hotel behind Burger King on Henderson Avenue and asked if any of the Internect kids’ plans were going into the design of the new library.

OTHER MATTERS
 Council Member Tate reflected on everything the City Council had accomplished the prior year and noted that she had been unable to attend the First Friday Coffee event.  Council Member Weyhrauch thanked the city staff for the professional work they do to steer the community forward and keep the community safe.
 Council Member Stowe voiced his appreciation for his wife for sacrificing her time in being there for him during his time on the Council, spoke of the history of how and why he joined the City Council in that he wished to help clean up the City. He then lauded City Manager John Lollis and staff.
 Vice Mayor Carrillo thanked Council Member Stowe for his words of appreciation and spoke of a recent tour of the Navigation Center by the Tule River Indian Health Center, and her attendance at Olive Elementary School for a discussion and review of the comprehensive School Safety Plan. Vice Mayor Carrillo also thanked Rich Tree for his presentation, Virginia Gurrola for her facilitation of Leadership Porterville, the Parks and Leisure Services Department for all their work, and the Mayor for her time and effort in attending the many events or meetings that she does.

 Mayor Flores spoke of her participation in the Christmas Parade, spoke of her history on the Council, and stated she is very grateful for having served and worked with Council Member Stowe, and thanked him for the conversation he had with her grandson. Mayor Flores also thanked Council Member Tate for being on the Council noting that she was certain she would continue to do community service.
 City Manager Lollis expressed his appreciation to city staff; spoke of an incident at Sierra View District Hospital and of the Police Department’s handling of the situation. He then spoke of Leadership Porterville’s Local Government Day and the Annual Employee Luncheon. Lollis spoke of the history of when he met and started to work with Council Member Stowe, and showed his appreciation toward him, noting that he was thankful for helping him become a new City Manager.
 City Attorney Lew stated she’s known Council Member Stowe since she started her legal career in the valley, thanked him for being an incredible inspiration to her and everyone else present, and stated he will be missed.

CLOSED SESSION
None.

ADJOURNMENT –
The meeting adjourned at 8:30 p.m. to the meeting of December 20, 2022, 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
APRIL 4, 2023, 5:30 PM
Call to Order at 5:30 p.m.

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

ORAL COMMUNICATIONS
 Felipe Martinez, Porterville, acknowledged the great work of the Council and staff in response to the emergency flood event.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APNs: 269-050-063, 269-050-064 and 269-050-065. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and California Highway Patrol. Under Negotiation: Terms and Price. 2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis, Patrice Hildreth and Yuliana Andrade. Employee Organizations:

Porterville City Firefighters Association, Porterville City Employees Association, Management and Confidential Series, and all Unrepresented Management. 3 - Government Code Section 54956.95 – Liability Claim: Claimant: Sandra Lopez Hernandez. Agency Claimed Against: City of Porterville. 4 - Government Code Section 54956.95 – Liability Claim: Claimant: Julie Rivera. Agency Claimed Against: City of Porterville.
5 - Government Code Section 54956.95 – Liability Claim: Claimant: Sherri Goodnight. Agency Claimed Against: City of Porterville. 6 - Government Code Section 54956.95 – Liability Claim: Claimant: Alfredo Galindo. Agency Claimed Against: City of Porterville.
7 - Government Code Section 54956.95 – Liability Claim: Claimant: Lisa Marquis. Agency Claimed Against: City of Porterville.
8 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Cecilia Chavez et al. v. City of Porterville et al., U.S. District Court, Eastern District, Case No. 22-CV-00794-ADA-SKO.

9 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Two (2) cases in which facts are not yet known to potential plaintiffs.
10 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 11 - 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

City Attorney Lew reported action pertaining to A-3, A-4, A-5, A-6, and A-7, as follows:

A-3. On a MOTION made by Councilmember Greg Meister, and SECONDED by Vice Mayor Kellie Carrillo the City Council unanimously accepted the claim filed by Sandra LopezHernandez.

Documentation: M.O. 01-040423
Disposition: Claim accepted.

A-5. On a MOTION made by Councilmember Beltran, and SECONDED by Mayor Martha A.

Flores the City Council unanimously rejected the claim filed by Sherri Goodnight.

Documentation: M.O. 02-040423
Disposition: Claim rejected.

A-4, A-6,
and A-7.

On a MOTION made by Councilmember Weyhrauch, and SECONDED by Vice Mayor Kellie Carrillo the City Council unanimously rejected the claims filed by Julie Rivera, Alfredo Galindo, and Lisa Marquis.

Documentation: M.O. 03-040423
Disposition: Claims rejected.

The Pledge of Allegiance was led by Mayor Martha A. Flores.

Invocation – a member of the public came forward to give an invocation.

PRESENTATIONS

Employee Service Awards
 Tonya Childree
 Amy Graybehl
Taskforce on Homelessness Presentation - Claudia Calderon

ORAL COMMUNICATIONS

 Betty Luna, Central Valley California Family Crisis Center, came forward with colleagues and noted that the Month of April is National Child Abuse Prevention and Awareness Month.

She presented the Council with blue ribbons and encouraged everyone to wear a blue ribbon to help raise awareness and support for affected children and their families.  David Harris, Consolidated Testing Labs, spoke in support of Item No. 9 on Scheduled Matters.
 Vicent Salinas, Tulare-Kings Hispanic Chamber of Commerce, thanked the Council for joining the Chamber this year and in recognition of their membership he presented them with a plaque.
 Ed McKervey, Porterville, spoke of the Easter Egg Hunt that will occur at Veterans Park in the coming days; opined that the Council should consider looking into ways to improve the Tule River Parkway; spoke in favor of employing local businesses for better response and better prices; and stated that the city should rethink their participation in the Tulare County Regional Transit Agency if they are unable to make it work financially.  Kristy Martin, Porterville Chamber of Commerce, (via teleconference) spoke of on the upcoming Spring Festival and Chili Cookoff, invited the public to attend the Spring Mixer Kick-off Celebration before the festival at the Palace Kitchen and Craft Bar; and spoke of an upcoming ribbon-cutting.

REPORTS
I. Staff Informational Reports

1. Water Conservation Phase IV Status Update - February 2023

2. Vacation of seat on Arts Commission

CONSENT CALENDAR
City Manager Lollis noted a misstatement on Item No. 3, related to the passive infrared sensor (PIR) on the solar lights.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Beltran that the City Council approve Items Nos. 1-5. The motion carried unanimously.

1. CITY COUNCIL MINUTES OF DECEMBER 13, 2023, MARCH 17, 2023, AND MARCH 21, 2023
Recommendation: That the Council approve the draft Minutes of December 13, 2023, March 17, 2023, and March 21, 2023.

Documentation: M.O. 04-040423
Disposition: Approved.

2. AUTHORIZATION TO PURCHASE UNMANNED AERIAL SYSTEM (UAS) Recommendation: That the City Council:

1. Authorize the Police Department to purchase one Matrice 30T; and

2. Authorize the purchase of the UAS from Drones Made Easy in the amount of $18,705.78.

Documentation: M.O. 05-040423
Disposition: Approved.

3. AUTHORIZATION TO PURCHASE SOLAR LIGHTS FOR MURRY PARK

THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT PARK

IMPROVEMENT FUNDS
Recommendation: That the City Council:

1. Authorize the purchase of solar lights for Murry Park through Community Development Block Grant Park Improvement Funds from Gama Sonic not to exceed $61,768.99, which includes ten percent (10%) contingency should any unforeseen circumstances arise; and

2. Authorize the Parks and Leisure Services Director to negotiate for the installation of the solar light poles.

Documentation: M.O. 06-040423
Disposition: Approved.

4. AUTHORIZATION TO APPLY FOR CLEAN CALIFORNIA LOCAL GRANT

PROGRAM (CCLGP) FUNDS
Recommendation: That the City Council:

1. Approve the submittal of Clean California Local Grant Program funding applications to the California Department of Transportation; and

2. Authorize the Mayor, City Manager or designee to execute all documents pertaining to the CCLGP and to make any augmentation, modification, addition or revision as may be necessary to conform to requirements imposed by the California Department of Transportation.

Documentation: M.O. 07-040423
Disposition: Approved.

5. 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. 08-040423
Disposition: Approved.

PUBLIC HEARINGS

6. CONSIDERATION OF CONDITIONAL USE PERMIT (PRC 2023-003-C) TO ALLOW FOR THE SALE OF ALCOHOL AT "TIO CHEMA" LOCATED AT 377 E. ORANGE AVENUE
Recommendation: That the City Council:

1. Find the proposed project exempt from CEQA under CEQA Guidelines Section 15301; and

2. Adopt the draft Resolution approving the Conditional Use Permit 2023- 003 for Tio Chema, subject to conditions of approval.

City Manager Lollis introduced the item and Associate Planner Oscar Zepeda presented the staff report.

Mayor Flores opened the Public Hearing at 7:19 p.m. and closed it at 7:20 p.m. when no one came forward to speak.

In response to Council inquiries, staff clarified that the over concentration was related to offsale licenses as opposed to on-sale licenses and that Tio Chema is considered on-sale. Staff advised that on-sale licenses were for sale of different types of alcoholic beverages to be consumed on the premises, whereas off-sale licenses were typically what convenience stores had, with the sale of sealed alcoholic beverages for consumption later off site.

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Meister that the City Council find the proposed project exempt from CEQA, under CEQA Guidelines Section 15301; and adopt the draft resolution approving the Conditional Use Permit 2023-003 for Tio Chema located at 377 E. Orange Avenue. The motion carried unanimously.

Documentation: Resolution No. 13-2023
Disposition: Approved.

7. 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 the City Council:

1. Adopt the draft Resolution ordering the vacation of an unimproved alley bounded by Morton Avenue and the east 7.5 feet of the William Duncan Subdivision; and

2. Authorize the City Clerk to record the Resolution of Abandonment with the County Recorder.

City Manager Lollis introduced the item and Engineering and Project Management Director Javier Sanchez presented the staff report.

Mayor Flores opened the Public Hearing at 7:28 p.m. and closed it at 7:28 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Beltran that the City Council adopt the draft resolution ordering the vacation of an unimproved alley bounded by Morton Avenue and the East

7.5 feet of the William Duncan Subdivision. The motion carried unanimously.

Documentation: Resolution No. 14-2023
Disposition: Approved.

SCHEDULED MATTERS

8. REVIEW OF CITY PARTICIPATION IN THE TULARE COUNTY REGIONAL

TRANSIT AGENCY
Recommendation: That the City Council consider the City's continued participation in the Tulare County Regional Transportation Agency (TCRTA) and act to authorize as determined.

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

City Manager Lollis spoke of a meeting hosted by the city, comprised of Tulare County Association of Governments (TCAG), TCRTA, and City representatives, which focused on the current and future state of the TCRTA, and elaborated on several issues related to funding and drawdowns that the TCRTA was currently having.

Jose Sigala, Board Chair of the Tulare County Regional Transit Agency, came forward and spoke in favor of the City continuing its participation in TCRTA. He stated that the board was shocked and disappointed to see Rich Tree move on, and that the board had created an ad hoc committee to review and recruit a replacement.

Rich Tree, Executive Director of the Tulare County Regional Transit Agency, stated city is in capable hands with city staff and noted that TCRTA needs the city’s support.

City Manager Lollis spoke of the budget development process and stated that staff’s attention was currently on the storm activity and flood fight, not with the budget development process. He noted that the Council could delay its decision until such time as the Council could consider its budgetary process and have its study session at afuture meeting to give staff more time to prepare.

Documentation: None.

Disposition: Consideration Continued.

9. CONSIDER AUTHORIZATION TO DISTRIBUTE A REQUEST FOR

QUALIFICATIONS TO ADD TO THE LIST OF QUALIFIED MATERIAL

TESTING FIRMS AND ANNUAL REVIEW BY CITY COUNCIL

Recommendation: That the City Council:

1. Consider authorization to distribute a Request for Qualifications to add to the list of qualified material testing firms; and

2. Annually review the list of qualified material testing firms.

City Manager Lollis introduced the item and Assistant City Manager Jason Ridenour presented the staff report.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Beltran that the City Council authorize the distribution of a Request for Qualifications to add to the list of qualified material testing firms; and annually review the list of qualified material testing firms. The motion carried unanimously.

AYES: Meister, Beltran, Flores
NOES: Weyhrauch, Carrillo
ABSTAIN: None
ABSENT: None
Documentation: M.O. 09-040423
Disposition: Approved.

10. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

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.

City Manager Lollis introduced the item and presented the staff report with updates on the atmospheric river storm activity, noting that the snow shed into the success lake is still occurring and modeling shows that this will continue into September.

Mr. Lollis stated the Temporary Evacuation Point located at Porterville College will be closing their doors soon to those who were displaced due to the evacuation, noting that a new location will need to be provided, with two potential sites being the Porterville Army National Guard Armory and the Porterville Development Center. He advised that conversations with representatives at both facilities were taking place.

Mr. Lollis then spoke of the budget development process and stated that staff’s attention has unfortunately been focused on the storm activity and flood fight, and not on the budget. Mr. Lollis asked the Council to consider pushing its budgetary process and study session to future time to give staff more time to prepare.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Raymond Beltran that the City Council determine the need exists to continue the Declaration of Local Flood Emergency; and direct that the

budget study session scheduling be moved to a future meeting; and adopt the draft resolution authorizing the appropriation of funds from the Catastrophic / Emergency Reserve Fund for the costs associated with the response to the local flood emergency. The motion carried unanimously.

Documentation: Resolution No. 15-2023
Disposition: Approved.

AB 1234 REPORTS

1. Tulare County Economic Development Corp. (TCEDC) -March 22, 2023 - Cancelled

2. Tulare County Regional Transit Authority (TCRTA) - March 22, 2023 Council Member Weyrauch reported on those in attendance and stated that he attended as a member of the public and gave comments on several different action items on the agenda.

3. Tulare County Association of Governments (TCAG) Board Retreat - March 23, 2023 Cancelled

4. Joint City/School Committee - March 27, 2023
Vice Mayor Carrillo reported on those in attendance; indicated that topics of discussion were introductions, the sharing of information on construction projects, active transportation program information, school safety plans, homeless student services, and flood response and recovery for school districts.

Council Member Meister thanked Vice Mayor Carrillo for keeping the meeting on a good path and spoke of the school safety plan information they had received during the meeting.

5. City/Tribe Casino MOU Meeting - March 28, 2023
Mayor Flores reported on those in attendance, discussions with an emphasis on work that needs done on or by opening day, road improvements and water updates, and probable soft opening dates. Mayor Flores stated the meeting was informational only, and that no action was taken.

6. Internal City Audit Committee - March 29, 2023
Mayor Flores reported on her attendance, approval of minutes, and the review of the City's Annual Comprehensive Financial Report presented by Jeff Peak from Clifton Larson Allen.

7. Tulare County Regional Transit Authority (TCRTA) - March 29, 2023 Council Member Weyrauch spoke of several reports from the Executive Committee, Safety Committee, and the Sustainability Committee; a presentation by Rob Brian with VIA Service Plan; Form 700s due dates; a new logo presentation; lessons learned during the Storm State of Emergency; and several transit updates.

8. Hispanic Chamber Foundation Women's History Month Event - March 30, 2023 Mayor Flores stated it was an honor to be recognized as one of the trailblazers along with Former City Mayor Virginia Gurrola, Teresa De La Rosa, Obdulia Guzman-Alvarado, and Olivia Alison. Mayor Flores stated she was humbled by the city staff who were in attendance and thanked City Manager Lollis for reaching out to all the departments and extending the invitation.

9. TCAG/TCRTA Transit Coordination Meeting - March 31, 2023 Mayor Flores stated all the information was presented to Council earlier in the meeting and did not report further.

ORAL COMMUNICATIONS
None.

OTHER MATTERS
 Council Member Beltran recognized past Council Member Felipe Martinez for publicly thanking city staff and different departments for their efforts; congratulated Tonya Childree and Amy Graybehl for being great representatives of the City; thanked Claudia Calderon for the Homelessness Presentation; and stated that he is glad that the Council is going to be taking more time to review their consideration to continue to participate in the TCRTA.  Council Member Weyhrauch lauded the Employee Service Awards and the recipients; spoke of the Internal Audit Committee and encouraged members of the public to attend; gave recognition toward Public Safety for a recent post on Facebook regarding distracted driving; and expressed his support to city staff for their time addressing the flood fight.  Council Member Meister thanked city staff for going above and beyond during the flood fight and thanked Public Safety for a recent sting operation they conducted with other agencies.
 Vice Mayor Carrillo congratulated the employees recognized during the Employee Service Awards; thanked the Central Valley California Family Crisis Center for presenting the council with Blue Ribbons; spoke of the Homelessness Presentation; and thanked former Council Member Felipe Martinez for his comments regarding staff’s efforts in the flood fight.
 Mayor Flores lauded City Attorney Julia Lew; and spoke of the Exchange Club Public Safety Dinner.
 City Manager Lollis spoke of his attendance at the Hispanic Chamber Foundation Women’s History Month event; stated that April 1st was the day that former Council Member Stowe had his heart transplant; and thanked the Porterville Police Department for their participation at Porterville Breakfast Rotary Special Needs Prom.

CLOSED SESSION
The Council took a five-minute recess and reconvened in Closed Session at 9:59 p.m.

ADJOURNMENT –
The Council adjourned at 11:52 p.m. to the meeting of April 18, 2023, at 5:30 P.M.

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

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Authorization to Purchase Specialized Equipment - Laboratory Refrigerators SOURCE: Public Works
COMMENT: The City's Laboratory is requesting authorization to purchase three laboratory refrigerators to replace the existing units. Water, wastewater, and sludge samples require special sample handling and storage, including refrigeration, to prevent potential changes in sample morphology and/or composition between sampling and analysis. Oxidation, evaporation, thermal degradation, or chemical interaction may occur if samples are not properly preserved.

The current refrigerators were originally installed in 1994, and two of the units are no longer operational. Due to the age of the refrigerators, repairing the units is no longer a viable option. Staff is recommending the purchase of new, more efficient units.

Staff received three quotes, which are as follows:

Fisher Scientific $6,554.07 each
LAB Rep Co $8,292.90 each
VWR $10,135.59 each
Staff is recommending that the three refrigerators be purchased through Fisher Scientific as they have submitted the lowest quote. Expenditure for the equipment, for an amount not to exceed $23,639, which includes taxes, fuel surcharge, and a ten percent (10%) contingency, will be funded from the Fiscal Year 2022-2023 Laboratory Equipment Replacement Budget.

RECOMMENDATION: That the City Council:

1. Award the purchase of three laboratory refrigerators to Fisher Scientific for an amount not to exceed $23,639
which includes taxes, fuel charge and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Fisher Scientific for an amount not to exceed $23,639
which includes taxes, fuel charge and a ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Fisher Scientific upon receipt of an invoice approved by the
Item No. 2.

Public Works Director.

ATTACHMENTS: 1. Fisher Scientific Quote

2. LAB Rep Co Quote

3. VWR Quote
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 3.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Renewal of Sophos Endpoint and Email Security
SOURCE: Finance
COMMENT: The Finance Department's Information Technology (IT) Division would like to renew the City's subscription to Sophos for Endpoint and Email protection. The City currently utilizes Sophos Central Intercept X Endpoint with XDR/EDR and Email Advanced to protect computers, workstations, and filter email. The City's three year subscription with Sophos will expire on April 28th, 2023.

Staff reviewed alternative solutions and the respective costs, and found that Sophos provides the best solution at a reasonable price for the City's needs.

Renewing Sophos will provide an additional benefit because it is compatible with the City's Sophos XG-330 firewall appliances. It will also allow staff to manage all of the City's primary security software under a single unified web console.

Staff received the following quotes:

Vendor Product Quote
GovConnection, Inc Sophos Central Intercept X Advanced
Sophos Central Email Advanced
$29,398.18
StrictlyTech Sophos Central Intercept X Advanced
Sophos CentralEmail Advanced
$69,680.78
GovConnection, Inc Trend Micro Cloud One
Trend Micro Vision One
$81,877.38
Staff recommends the renewal of the Sophos Central Intercept X Advanced and Email Advanced subscription from GovConnection, Inc for three years at a cost of $29,398.18 plus any applicable sales tax, with the option to renew for an additional three years to increase the odds of receiving end-of-the year discounts from Sophos. Funds are available in the IT Division's General Fund operating budget.

RECOMMENDATION: That the City Council approve the current renewal of Sophos Intercept X with XDR/EDR and Email Advanced from
GovConnection, Inc. for three years at a cost of $29,398.18 plus the applicable sales tax with the option to renew the Sophos subscription for an additional three years, for a total of six years.

Item No. 3.

ATTACHMENTS: 1. GovConnection, Inc. (Sophos) Quote

2. StrictlyTech (Sophos) Quote

3. GovConnection, Inc. (Trend Micro) Quote
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
Connection
F SEC701: C _UT ioNs
we solve IT SALES QUOTE
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Account Executive: John Zugg
Phone:

Fax:

Email: [email protected]
Account Manager:

Phone:

Fax:

Email:
# 25482834.01

PLEASE REFER TO THE ABOVE
QUOTE # WHEN ORDERING
Date: 4/13/2023
Valid Through: 5/13/2023
Account #: Tulare
Customer Contact:

Email:

Robert Campos
[email protected]
Phone: (559) 782-7432
Fax:

QUOTE PROVIDED TO: SHIP TO:

AB#: 14824559 AB#: 20347426

CITY OF PORTERVILLE CITY OF PORTERVILLE
ACCOUNTS PAYABLE 350 N D St
291 N MAIN ST Porterville, CA 93257
PORTERVILLE, CA 93257
(559) 782-7456 (559) 782-7439
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
5-30 Days A/R/0 Destination Small Pkg Ground Service Level .00 lbs Net 30

SOURCEWELL
RFP#081419
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our Sourcewell Contract # 081419. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our Quote Number in your order.
* Line # Qty Item # Mfg. Part # Description Mfg. Price Ext Govt. Central Intercept X Advanced w /
EDR Subscription Renewal Per User (200-
1 350 41291530 CAEI3GTAA 499) 36 Months Sophos 46.33 16,215.50 Sophos
Govt. Central Intercept X Advanced w /
XDR Subscription Renewal (50-99)
2 54 41614363 CSIG3GTAA Servers 3 Year Sophos 110.67 5,976.18 Sophos
Corp. Central Email Advanced
Subscription Renewal Per User (200-499)
3 350 41189375 CAMI3CTAA 36 Months Sophos 20.59 7,206.50 Sophos
Subtotal $ 29,398.18
Fee 0.00
Shipping and
Handling 0.00
Tax Exempt!
Total $ 29,398.18

Connection
we solve IT

ORDERING INFORMATION
GovConnection, Inc. DBA Connection
SOURCEWELL Contract # RFP#081419
Contract Expiration: 30 October 2023
Please contact your account manager with questions.

Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.

PO Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.

TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
Delivery Time: 1-30 DAYS ARO
FEIN: 52-1837891
DUNS Number: 80-967-8782
CEC: 80-068888K
Cage Code: OGTJ3
Business Size: LARGE
WARRANTY: Manufacturer's Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).

Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Terms and Conditions of our Sourcewell Contract #081419. Any Order accepted by GovConnection for the items included in this Quotation is expressly limited to those Terms and Conditions; any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. No other terms and conditions shall apply without the written consent of GovConnection, Inc. Please refer to our Quote Number in your order.

If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one: https://www.goyconnection.com/web/Shoppine/Proof0fPurchase.htm Notice on Tariff Tax Impacts: Please be aware that the pricing shown in this quote is potentially subject to change at time of order placement due Federal Government tax law changes resulting in increases in Tariff's assessed on imports and exports, which are outside our control and the control of our suppliers. Please confirm pricing with your Account Manager prior to order placement.

We apologize for this inconvenience.

Please forward your Contract or Purchase Order to:

[email protected] QUESTIONS: Call 800-800-0019
FAX: 603.683.0374
2300 NW 55th Court, Suite 110,
Fort Lauderdale, FL 33309
Phone: 954-606-5440 Fax: 954-606-5441
Sophos RNWL 3 YR
Number: 19251
Date: 03/30/2023
Quote prepared for: Robert Campos
Bill To:

City of Porterville CA
Robert Campos
291 North Main Street
Porterville, CA 93257
Phone: (559)782-7432
Email: [email protected]
Ship To:

City of Porterville CA
Robert Campos
291 North Main Street
Porterville, CA 93257
Item
#
Mfr. Part Product
Image
Description Price Qty. Extended
*1 CAEI3GTAA Sophos Central Intercept X Advanced with EDR - Subscription License Renewal - 1 User - Price Level (200-499) License - Volume, Government - PC, Mac Mfr: SOPHOS PLC
UNSPSC : 43231512
$ 107.48 350 $ 37,618.00
*2 CAMI3CTAA Sophos Central Email Advanced - Subscription License Renewal - 1 User - 3 Year - Price Level (200-499) License - Volume
Mfr: SOPHOS PLC
UNSPSC : 43231512
$ 59.12 350 $ 20,692.00
*3 CSIG3GTAA Sophos Central Intercept X Advanced for Server with EDR - Subscription License Renewal - 1 Server - 3 Year - Price Level (50-99) License - Government - PC Mfr: SOPHOS PLC
UNSPSC : 43231512
$ 210.57 54 $ 11,370.78
3 item(s) Sub-Total $ 69,680.78
Tax @ 0% $ 0.00
Freight $ 0.00
Total $ 69,680.78
(*) Tax exempted Part(s)
Quote Valid Until: 04/29/2023
Payment Details Shipping and Delivery Details
Pay by: Company PO
Payment Term: Net 30
Shipping via: FEDEX Ground
CAGE: 70BA0
DUNS: 078817964
FEIN: 46-2619818
Woman-Owned Small Business (WOSB)
Primary NAICS: 423430
Unique Entity ID (SAM): DEGDRGZ32898
Terms and Conditions
Prices exclude applicable taxes, insurance, shipping and special handling charges unless stated. All prices are subject to change without notice. Supply subject to availability. Due to pricing fluctuations from OEM manufacturers as well as supply chain constraints, pricing is valid for a period of 7 days from the submission of this quote. Please check pricing, availability and/or delivery estimates with your Client Executive prior to placing orders.

Prepared by: Brittany Cullen Email: [email protected] Phone: 954-606-5440 Account Executive: John Zugg
Phone:

Fax:

Email: [email protected] Date: 4/6/2023
Valid Through: 5/6/2023
Account Manager: Account #: Tulare
Phone:

Fax:

Email:

Customer Contact: Robert Campos Phone: (559) 782-7432
Email: [email protected] Fax:

DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level .00 lbs Net 30 * Line # Qty Item # Mfg. Part # Description Mfg. Price Ext 1 54 41520269 CXNI0001
Acad. Cloud One Workload Security XDR
51-250 Devices
Trend Micro - Licensing
Trend Micro -
Licensing $ 125.07 $ 6,753.78
2 54 41532952 CXRI0001
Acad. Cloud One Workload Security with
XDR 51-250 Devices License Renewal
Trend Micro - Licensing
Trend Micro -
Licensing $ 125.07 $ 6,753.78
3 54 41532952 CXRI0001
Acad. Cloud One Workload Security with
XDR 51-250 Devices License Renewal
Trend Micro - Licensing
Trend Micro -
Licensing $ 125.07 $ 6,753.78
4 350 41418747 NNNA0055
Acad. Cloud Application Security New 251-
500 Users Annual
Trend Micro - Licensing
Trend Micro -
Licensing $ 10.05 $ 3,517.50
5 350 41599961 NNRA0055
Acad. Cloud App Security Standard 251-
500 Users Renewal
Trend Micro - Licensing
Trend Micro -
Licensing $ 10.05 $ 3,517.50
6 350 41599961 NNRA0055
Acad. Cloud App Security Standard 251-
500 Users Renewal
Trend Micro - Licensing
Trend Micro -
Licensing $ 10.05 $ 3,517.50
7 350 CXNA0060
Trend Micro Cloud One - Endpoint
Security Academic 251-500 Devices
New
Trend Micro - Licensing
Trend Micro -
Licensing $ 17.64 $ 6,174.00
8 350 CXRA0060
Trend Micro Cloud One - Endpoint
Security Academic 251-500 Devices
Renew
Trend Micro - Licensing
Trend Micro -
Licensing $ 17.64 $ 6,174.00
9 350 CXRA0060
Trend Micro Cloud One - Endpoint
Security Academic 251-500 Devices
Renew
Trend Micro - Licensing
Trend Micro -
Licensing $ 17.64 $ 6,174.00
10 404 SYNN0030
Service One Enhanced Endpoint &
Workloads (includes Messaging) Normal
251-500 New
Trend Micro - Licensing
Trend Micro -
Licensing $ 25.17 $ 10,168.68
(559) 782-7456 (559) 782-7439
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.

SALES QUOTE
GovConnection, Inc. # 25480114.01
732 Milford Road PLEASE REFER TO THE ABOVE
Merrimack, NH 03054 QUOTE # WHEN ORDERING

CITY OF PORTERVILLE
Porterville, CA 93257
QUOTE PROVIDED TO: SHIP TO:

AB#: 14824559 AB#: 20347426

CITY OF PORTERVILLE
ACCOUNTS PAYABLE 350 N D St
291 N MAIN ST
PORTERVILLE, CA 93257

Account Executive: John Zugg
Phone:

Fax:

Email: [email protected] Date: 4/6/2023
Valid Through: 5/6/2023
Account Manager: Account #: Tulare
Phone:

Fax:

Email:

Customer Contact: Robert Campos Phone: (559) 782-7432
Email: [email protected] Fax:

DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level .00 lbs Net 30 * Line # Qty Item # Mfg. Part # Description Mfg. Price Ext (559) 782-7456 (559) 782-7439
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.

SALES QUOTE
GovConnection, Inc. # 25480114.01
732 Milford Road PLEASE REFER TO THE ABOVE
Merrimack, NH 03054 QUOTE # WHEN ORDERING

CITY OF PORTERVILLE
Porterville, CA 93257
QUOTE PROVIDED TO: SHIP TO:

AB#: 14824559 AB#: 20347426

CITY OF PORTERVILLE
ACCOUNTS PAYABLE 350 N D St
291 N MAIN ST
PORTERVILLE, CA 93257
11 404 SYRN0030
Service One Enhanced Endpoint &
Workloads (includes Messaging) Normal
251-500 Renew
Trend Micro - Licensing
Trend Micro -
Licensing $ 25.17 $ 10,168.68
12 404 SYRN0030
Service One Enhanced Endpoint &
Workloads (includes Messaging) Normal
251-500 Renew
Trend Micro - Licensing
Trend Micro -
Licensing $ 25.17 $ 10,168.68
13 1,150 VONA0000
Trend Micro Vision One Credits Academic
1+ Credits New
Trend Micro - Licensing
Trend Micro -
Licensing $ 1.77 $ 2,035.50
Subtotal $ 81,877.38
Fee $ 0.00
Shipping and
Handling $ 0.00
Tax Exempt!
Total $ 81,877.38

ORDERING INFORMATION
GovConnection, Inc. DBA Connection
Please contact your account manager with any questions.

Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.

Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.

TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
CEC: 80-068888K
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).

Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company’s Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company’s Standard Terms of Sale on the Company’s website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already prenegotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.

If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Please forward your Contract or Purchase Order to:

[email protected]
QUESTIONS: Call 800-800-0019
Item No. 4.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Acceptance of Project - Island Annexation Area 478B & C Sewer Project SOURCE: Engineering and Project Management
COMMENT: West Valley Construction has completed the Island Annexation Area 478B & C Sewer Project per plans and specifications. The project consisted of the installation of 9,476 lineal feet (1.79 miles) of 8" and 6" diameter sewer mains, thirty-one (31) sewer manholes and 154 sewer laterals.

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

At its meeting on June 20, 2022, the Council authorized an expenditure of $4,120,601 for construction, construction management, and quality control and inspection services for the project. The following itemizes the construction related costs into two categories: 1) the construction contract, and 2) a combination of construction management and quality control.

1. Final Construction Cost $3,672,748.43

2. Construction management, quality control and inspection service costs are $97,482.24
Total project construction costs equate to $3,770,230.67, which is less than the $4,120,601 overall budget approved by Council at the time of award. The funding sources for this project includes $1,100,000 in proceeds from the issuance of the 2019 Sewer Revenue Bonds, better known to staff as Certificates of Participation (COP) funds and the remaining amount for the project being paid by the Sewer Revolving Fund.

West Valley Construction requests that the Council accept the project as complete. Staff has reviewed the work and found it acceptable.

RECOMMENDATION: That the City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion.

ATTACHMENTS: 1. Locator Map - ANNEX 478B

2. Locator Map - ANNEX 478C
Appropriated/Funded:

Review By:

Item No. 4.

Department Director:

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

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 478B

SUBJECT

LOCATION
W PIONEER AVE N PROSPECT ST STATE HIGHWAY 65

W NORTH GRAND AVE N COBB ST

W CASTLE AVE

LINEAL FOOTAGE

SEWER SYSTEM IMPROVEMENT SUMMARY

NUMBER OF LOTS
2,750
25 COST
$75/L.F.
$5,700/EA.

TOTAL
$206,250
$142,500

BREAKDOWN UNIT
LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN
$5,700/EA. $1,031,700

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 478C

SUBJECT

LOCATION

W MORTON AVE

W OLIVE AVE
W THURMAN AVE ROAD 222 ROAD 223 N WESTWOOD ST

W HARRISON AVE

W PUTNAM AVE

LINEAL FOOTAGE

SEWER SYSTEM IMPROVEMENT SUMMARY

NUMBER OF LOTS
9,700
181
COST
$75/L.F.

TOTAL
$727,500

BREAKDOWN UNIT
LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN
Item No. 5.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Authorization to Distribute Request for Proposals to Update the Public Health & Safety Element and Preparation of an Environmental Justice Element to the Porterville 2030 General Plan
SOURCE: Community Development
COMMENT: State law requires local jurisdictions to prepare a General Plan. A General Plan is defined as a “comprehensive, long-term general plan for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgement bears relation to its planning.” State requirements call for a General Plan that will “comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.”
A city’s General Plan is the framework within which decisions on how to grow, provide public services and facilities, and protect and enhance the environment are made. The State’s practice of permitting local authority over land use decisions allow jurisdictions to have considerable flexibility in preparing their General Plans.

While allowing flexibility, State planning laws do establish some requirements for the issues that General Plans must address. The California Government Code (Section 65300) establishes both the content of General Plans and rules for their adoption and subsequent amendments. State law and judicial decisions establish the following three overall guidelines for General Plans:

1. The General Plan Must be Comprehensive

2. The General Plan Must be Internally Consistent

3. The General Plan Must be Long-Range
The City of Porterville’s current General Plan was adopted by the City Council on March 4, 2008. State law also requires that many City regulations, requirements and actions to be consistent with the General Plan. Therefore, regular ongoing use of the General Plan is essential.

The City is currently participating in a regional Housing Element that is being coordinated by the Tulare County Associations of Governments (TCAG). The adoption of an updated Housing Element initiates the City to update the Public Health & Safety Element in accordance with Government Code § 65302.15(b).

In addition, in September 2016, the State Legislature passed Senate Bill 1000 (SB 1000) which requires cities and counties with disadvantaged communities to incorporate environmental justice policies into their General Plans. This must Item No. 5.
happen upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.

Pursuant to Government Code § 65302(h), local jurisdictions must prepare the Environmental Justice Element or related goals, policies, and objectives integrated into other elements, that identify disadvantaged communities within the City. The Environmental Justice Element shall be prepared to comply with the following applicable State requirements:

1. Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.

2. Identify objectives and policies to promote civic engagement in the public decision-making process.

3. Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.

At this time, staff is requesting authorization to distribute a Request for Proposal to hire a qualified consultant to undertake the update of the Public Health & Safety Element and the preparation of the Environmental Justice Element to the City’s General Plan. The project consists of an update to the Public Health & Safety Element. Per Government Code § 65302(g) the Public Health & Safety Element must address flood hazard zones, fire hazards, climate adaptation and resilience strategies.

The selected consultant will be responsible for updating the Public Health & Safety Element and the preparation of an Environmental Justice Element to the City’s General Plan pursuant to Government Code § 65302(g)(h) and with the preparation of documentation that may be required to comply with the California Environmental Quality Act (CEQA), and to comply with all City and State legal and regulatory requirements.

The City's Fiscal Year 2022-23 CIP budget included $325,000 from the General Fund for the development of the Housing Element Update, which is being coordinated by TCAG and funded instead with the Regional Early Action Planning grant funds. The savings from utilizing regional partnerships and grants allow for the original budgeted Housing Element amount to be able to be utilized for the Public Health & Safety Element update and the preparation of the Environmental Justice Element.

RECOMMENDATION: That City Council authorize staff to distribute a Request for Proposals for the update to the Public Health & Safety Element and preparation of an Environmental Justice Element to the City’s 2030 General Plan.

ATTACHMENTS: 1. Draft Request for Proposal
Item No. 5.

Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE

REQUEST FOR PROPOSAL
Public Health & Safety Element Update and Preparation of An Environmental Justice Element
to the Porterville 2030 General Plan
City Of Porterville
Department Of Community Development
291 N. Main St
Porterville, Ca 93257
April 2023
Proposal Due Deadline:
5:00 P.M., Monday, May 22, 2023
Contact:

Jason Ridenour, Assistant City Manager
[email protected]
Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 2

TABLE OF CONTENTS

SECTION PAGE
NO.

1.0 INTRODUCTION .................................................................................. 3

2.0 BACKGROUND .................................................................................... 3

3.0 PROJECT DESCRIPTION........................................................................ 4

4.0 SCOPE OF WORK............................................................................... 10

5.0 PROPOSAL SUBMITTAL REQUIREMENTS................................................ 17

6.0 PRESUBMITTAL QUESTIONS................................................................ 19

7.0 PROPOSAL SUBMITTAL DATE .............................................................. 19

8.0 SELECTION PROCESS ........................................................................ 20

9.0 TENTATIVE PROPOSAL EVALUATION SCHEDULE..................................... 20

10.0 GENERAL TERMS AND CONDITIONS ..................................................... 21

11.0 ONLINE REFERENCES......................................................................... 23 ATTACHMENT A: PROFESSIONAL SERVICE AGREEMENT TEMPLATE.................... 24 Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 3

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS

PUBLIC HEALTH & SAFETY ELEMENT UPDATE AND PREPARATION OF AN

ENVIRONMENTAL JUSTICE ELEMENT

1.0 INTRODUCTION
The City of Porterville (the “City”) is requesting proposals from qualified Consultants to update the Public Health & Safety Element and to prepare an Environmental Justice Element to the City’s General Plan pursuant to Government Code § 65302(g) and (h).

Proposals for this project will be due by 5:00 P.M. on Monday, May 22, 2023 and must include all the requirements listed under the Scope of Work, Required Tasks, and Submittal Requirements. This Request for Proposal (“RFP”) contains additional information regarding the selection process, tentative schedule, and general terms and conditions.

The project will be managed by the Planning Division of the Community Development Department. Staff from additional departments will also provide input throughout the process. The City anticipates that work will commence on June 12, 2023.

2.0 BACKGROUND
The City of Porterville General Plan contains a total of nine (9) elements with goals, policies, and regulations that govern the long-term plan for the city.

The City’s current General Plan was adopted on March 4, 2008 by the City Council.

The current Housing Element was adopted on December 15, 2015 by the City Council, and certified by HCD on December 22, 2015. The General Plan document can be found on the City’s website:https://www.ci.porterville.ca.us/departments/community_ development/general_plan_update.php) and may be used as a foundation for understanding the City’s unique vision and needs. In Conjunction with TCAG, a Regional Housing Element update is underway for the 2023-2031 planning period to comply with the HCD established December 31, 20231 deadline for certification.

Concurrently with the Housing Element update, as per this RFP, the City will review and update the Public Health & Safety Element to comply with Government Code § 65302(g) to address flood hazard zones, fire hazards, climate adaptation and resilience strategies, and will prepare an Environmental Justice Element that identifies disadvantaged communities in the City pursuant to Government Code § 65302(h). It shall be the responsibility of the selected Proposer to ensure that the adoption process 1 Date is estimated by HCD, and is subject to change per HCD.

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 4
and final work meets the applicable requirements set forth by State law. As part of a Multi-Jurisdictional effort, the Tulare County Board of Supervisors Of Tulare County adopted the 2023 Tulare County Multi-Jurisdictional Local Hazard Mitigation Base Plan on March 14, 2023.

CITY PROFILE
The City of Porterville is located at the foothills of the Sierra Nevada Mountains, centrally located in California's agriculturally rich San Joaquin Valley and is part of the Visalia-Porterville metropolitan area with a population of nearly half a million. As a Charter City, Porterville is a “full-service” city with over 500 employees.

Porterville has a population of 62,742, based on the 2020 Census. It has a culturally diverse resident population with 70% Hispanics, 58.4% White, 18.9% Two or More Races, 5.2% Asians, 1.5% American Indian, 0.6% African American and 0.2% Native Hawaiian and Other Pacific Islander.

Once known primarily as an agricultural community, Porterville has experienced a significant increase in its employment base, in part, due to its location within one of the strongest economies in the county. At the county level, labor force is 212,700 with an estimated 22,080 jobs in the City of Porterville. The unemployment rate in Tulare County is currently 10.6%.

The City is also actively working on the development of other areas of the city to foster reinvestment, such as in the City’s Downtown and the airport areas. Additionally, as a leader in the region, the City continues supporting the essential needs of unincorporated communities in county areas, including East Porterville’s water needs and the commercial needs of communities including Springville in the sierras and Terra Bella and Ducor just minutes outside of the city limits.

3.0 PROJECT DESCRIPTION
The project consists of an update to the City of Porterville’s Public Health & Safety Element, preparation of an Environmental Justice Element, and preparation of documentation that may be required to comply with the California Environmental Quality Act (CEQA). The selected Consultant shall be responsible for updating the Public Health & Safety Element, preparing an Environmental Justice Element, and preparing the accompanying CEQA documentation. The project shall be guided by the following objectives:
• Comply with all City and State legal and regulatory requirements; • Ensure residents and stakeholders are engaged and participate in the update process;
• Achieve milestones with sufficient time for City to review; Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
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• Effectively coordinate with other Consultants and City staff; and, • Be consistent with the City’s Local Hazard Mitigation Plan (adopted on March 14, 2023 by the Tulare County Board of Supervisors), and other relevant planning documents.

PUBLIC HEALTH & SAFETY ELEMENT
The Public Health & Safety Element will be updated pursuant to Government Code § 65302(g) that requires local jurisdictions to update the Public Health & Safety Element to address flood hazard zone, fire hazards, and climate adaptation and resilience strategies upon revisions of the Housing Element. The Public Health & Safety Element must be updated to comply with the following applicable state regulations:

Flood Hazards
The Public Health & Safety Element must be reviewed and updated to address the following flood hazards zone risks:

A. Identify information regarding flood hazards, including, but not limited to, the following:
(i) Flood hazard zones: areas subject to flooding that are delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency (FEMA).
(ii) National Flood Insurance Program maps published by FEMA. (iii) Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources. (vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.

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(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding. (x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities. (xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.

B. Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A) above, for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new development. (ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones. (iii) Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.

C. Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B) above.

Risk of Fire
The Public Health & Safety Element must be reviewed and updated to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Government Code Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
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Planning, General Plan Technical Advice Series” and shall also include all of the following:

A. Information regarding fire hazards, including, but not limited to, all of the following:
(i) Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.

B. A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) above for the protection of the community from the unreasonable risk of wildfire.

C. A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) above including, but not limited to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone. (iii) Designing adequate infrastructure if a new development is located in a Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
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state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression. (iv) Working cooperatively with public agencies with responsibility for fire protection.

D. If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this section.

Climate Adaptation and Resiliency Strategies
The Public Health & Safety Element must be reviewed and updated, as necessary, to address climate adaption and resiliency strategies applicable to the city. The review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed regarding flood hazards and risk of fire.
(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B) below, including, but not limited to, all of the following:
(I) Information from the Internet-based Cal-Adapt tool. (II) Information from the most recent version of the California Adaptation Planning Guide.
(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV) Information from local agencies on their current ability to deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.

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(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities. (VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services. (B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) above for the protection of the community.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) above including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in atrisk areas. (ii) The designation of adequate and feasible infrastructure located in an atrisk area. (iii) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services.

This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
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and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.

ENVIRONMENTAL JUSTICE ELEMENT
Pursuant to Government Code § 65302(h) local jurisdictions must prepare an Environmental Justice Element or related goals, policies, and objectives integrated into other elements, that identifies disadvantaged communities within the City. An Environmental Justice Element will be prepared to comply with the following applicable state required goals, policies and objectives:

A. Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.

B. Identify objectives and policies to promote civic engagement in the public decision-making process
C. Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.

CONSISTENCY WITH GENERAL PLAN ELEMENTS AND RELEVANT PLANNING

DOCUMENTS
The updated Public Health & Safety Element and the prepared Environmental Justice Element shall be consistent with other elements of the General Plan, and other relevant planning documents.

4.0 SCOPE OF WORK
Proposers shall be required to provide a detailed scope of services for update of the Public Health & Safety Element and the preparation of the Environmental Justice Element. The documents shall meet all state guidelines and legal requirements. The following describes the components that should be included in the scope of work • Update the Public Health & Safety Element, and prepare an Environmental Justice Element.
• Prepare and maintain detailed work plan, including detailed schedules of dates and activities.

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• Assist in the organization and scheduling of, attend, and keep minutes of project related meetings.
• Provide all work products for public review in paper and electronic formats. • Prepare an environmental review in compliance with CEQA guidelines. • Identify community/public outreach and engagement activities and how they will be incorporated into the overall planning process. • Indicate if sub-Consultants will be utilized in completing the project. • Attend, in person or via teleconference, monthly meetings with staff regarding the progress, coordination, and other project management issues. • Explain how the proposer intends to work with City Staff. • Present all required documents to approval bodies, such as the City Council meeting(s).

GENERAL EXPECTATIONS
The ideal Consultant or Consultant team would work collaboratively with staff and community stakeholders to conduct a process that proactively engages the community, and that complies with all applicable laws and regulations. It is expected that the Consultant will:
• Be familiar with the State requirements relating to the Public Health & Safety Element update, including, but not limited to flood hazards, fire hazards, and climate adaptation and resiliency strategies;
• Be familiar with State requirement regarding preparation of an Environmental Justice Element;
• Actively engage a variety of community stakeholders and communicate ideas effectively in various forums, i.e. on-line platforms and community meetings, to engage different groups of residents and encourage public participation; • Promote and advertise public involvement and participation with a branded public outreach effort;
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• Ensure that the project remains on time and within the allocated budget; and, • Appropriately integrate graphics/maps/infographics as part of a plan document, i.e., use innovative graphics to communicate complex ideas and concepts effectively, during the outreach process and within the final products.

REQUIRED TASKS
TASK 1 PROJECT INITIATION
Task 1.1: Project Kick-Off Meeting
The Consultant will schedule a kick-off meeting with City staff to review the scope of work, and to discuss project expectations regarding coordination, reporting, deliverables and all relevant project information. The Consultant will prepare a meeting summary with project goals, objectives, and action items.

Deliverable(s): Meeting Summary
Task 1.2: Project Schedule Development
The Consultant will work with City staff to finalize a project schedule within ten (10) working days after the kick-off meeting that includes tasks and milestones for the adoption of the Public Health & Safety Element Amendment and the Preparation of the Environmental Justice Element no later than June 2024. The schedule shall:
• Identify project milestones (tasks) with time for staff review of work products throughout the project.
• Include public outreach timeline with public meetings and anticipated City Council hearings.
• Include outreach in compliance with SB 18 and AB 52 regulations. • Include implementation of environmental review timeline. • Include timelines for City staff review times.

Any modifications or changes to the project schedule by the Consultant shall be submitted to the City Project Manager on or before the 30th day of each month during the course of the project. In the event project schedule delays are anticipated, Consultant shall advise the City’s project manager on strategies to correct and mitigate.

Deliverable(s): Initial Project Schedule, Monthly Updated Schedules Task 1.3: Project Coordination
Consultant will be available to meet with City staff for weekly progress meetings over the course of the project to review status to ensure objectives and milestones are being achieved. At the City’s discretion, these meetings may be conducted as a Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
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conference call or in person at the City offices. Consultant will prepare a meeting summary, including action items, for each meeting. Consultant will coordinate with staff to create and make presentations to City and/or stakeholders as necessary.

Deliverable(s): Weekly Meeting Summaries
TASK 2. Public Health & Safety Element Update
Task 2.1
Review and evaluate the current Public Health & Safety Element to determine its compliance with State law.

Task 2.2
Provide list of any corrections that must be made to text and/or exhibits in the Public Health & Safety Element to bring it into compliance with State Law.

Task 2.3
Work with staff to update the Public Health & Safety Element to ensure consistency with other General Plan elements, the Local Hazard Mitigation Plan (adopted on March 14, 2023), and other planning documents, and to ensure compliance with State law. This task is intended to focus the scope of work to update portions of the Public Health & Safety Element, as necessary, for compliance with State law and consistency with other elements in the General Plan.

TASK 3. Preparation of the Environmental Justice Element Task 3.1
Prepare an Environmental Justice Element that complies with the goals, policies, and objectives of State Law.

Task 3.2
Provide recommendations for the format of the Environmental Justice Element.

Task 3.3
Work with staff to ensure the Environmental Justice Element is consistent with other General Plan elements and planning documents, and is in compliance with State law.

TASK 4. Community Outreach and Engagement and Public Hearings Task 4.1
Consultant will propose an appropriate community/public outreach and engagement plan that meets the State’s general plan update requirements. The proposal should discuss different outreach approaches and what is recommended for this effort to best involve stakeholders in the process. The outreach and engagement plan shallinclude:

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• An outline of public outreach efforts, which could include public workshops, community meetings, and press releases. This effort should ensure every person who wishes to express an opinion has the ability to do so.

The City expects that the public outreach and engagement will include at least two (2) community meetings/workshops throughout the update process in addition to the City Council meetings outlined below. The Consultant will be responsible for preparing any meeting information flyers advertising the community meetings/workshops, and the City will be responsible for mailing, posting, and distributing the flyers. Consultant shall submit the preliminary outreach and engagement plan framework which may include: website information portal, social media engagement and/or other proposed media outlets to the City as part of this RFP. A final Outreach and Engagement Plan shall be prepared and submitted for review and approval within sixty (60) days of contract execution date.

Deliverable(s): Community Outreach and Engagement Plan
Task 4.2
Consultant will prepare the exhibits and presentations to the City Council. Consultant must be prepared to attend, in total, a minimum of two (2) public hearings held by the City Council. The Consultant shall incorporate additional costs incurred if attendance at two (2) additional public hearing is required.

Deliverable(s): Exhibits and public hearing presentations.

TASK 5. Facilitation of Review and Approval of General Plan Amendments Task 5.1 Maintain Ongoing Discussion with City Staff about the Progress of the Draft Public Health & Safety Element Update and the Preparation of the Environmental Justice Element
As work progresses, Consultant shall maintain ongoing discussions with City Staff to ensure the appropriate document format, and to ensure the appropriate goals, policies, and objectives are included in the update of the Safety Element and preparation of the Environmental Justice Element.

Task 5.2 First Draft of Public Health & Safety Element Update and the Preparation of the Environmental Justice Element Consultant will submit the draft Public Health & Safety Element Update and Environmental Justice Element for a 30-day internal staff review period. Consultant is expected to coordinate with City staff to provide adequate time for review and discussion of revisions for each section. After City staff provides comments on the draft document, Consultant shall update the draft documents to incorporate the comments. It is anticipated that two rounds of review will be required.

Deliverable(s): Six (6) hard copies and one (1) electronic copy in both PDF Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
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and Microsoft Word Format
Task 5.3 Final Draft of the Public Health & Safety Element Update and Preparation of the Environmental Justice Element
Consultant will prepare the final draft Public Health & Safety Element Update and the Environmental Justice Element for public review. Consultant will distribute final draft document to interested agencies as determined by the City for public review.

Consultant will review public comments and incorporate revisions as directed.

Deliverable(s): Four (4) hard copies, (Three (3) bound copies and one (1) unbound copy) and one (1) electronic copy in both PDF and Microsoft Word Format
Task 5.4 City Adoption
Upon adoption of the Final Draft of the Public Health & Safety Element Update and the Preparation of the Environmental Justice Element by the City Council, the Consultant will prepare a final version of the documents for inclusion in the General Plan document.

Task 5.5 Public Noticing
The Consultant shall prepare tribal noticing pursuant to Senate Bill SB 18, including the mailing of the notices via certified mail and providing copies of the certified receipts to the City, and assist with any consultation in accordance with statutory timelines.

Consultant shall coordinate with City staff to allow for adequate review and oversight of noticing materials and activities. All notices shall be submitted to the City for review prior to circulation. Consultant shall also be responsible for preparing materials for, presenting at, and attending all public hearing(s). The City will be responsible for preparing and mailing notices for the public hearing(s).

Deliverable(s): One (1) electronic copy in both PDF and Microsoft Word Format of each document and the public hearing notice(s)
TASK 6. Environmental Analysis
Task 6.1 Environmental Determination
Consultant will conduct an initial environmental review of the project and complete an initial study checklist on the Public Health & Safety Element Update and the Preparation of the Environmental Justice Element in compliance with local requirements, California Environmental Quality Act (CEQA) requirements (Public Resources Code 21000 et. seq) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et. seq).

Please note: Since the level of environmental review has not yet been determined, the portion of the proposal responsive to Task 6 shall include two scopes of work: one Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
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for each of the potential levels of environmental review (Mitigated Negative Declaration or an Environmental Impact Report).

Task 6.2 Draft of Environmental Analysis (Screen Check) Consultant will prepare a draft environmental document (screen check), and associated technical studies, in compliance with CEQA and submit for a minimum 30- day internal staff review period. Consultant will coordinate with City staff to review and consider comments/suggestions received on previous draft version. After City staff provides comments on the draft document, Consultant shall update draft to incorporate comments and other technical analysis as needed. It is anticipated that two rounds of review will be required.

Deliverable(s): One (1) electronic copy in both PDF and Microsoft Word Format Task 6.3 Environmental Noticing, Outreach, and Filing
Consultant will prepare and file all environmental notices (i.e., Notice of Intent, Notice of Determination), and documents for the environmental review of the General Plan Element update. If necessary, Consultant shall produce the Notice of Preparation (NOP) and Notice of Scoping meeting, subject to City staff review. The Consultant shall prepare tribal noticing pursuant to Senate Bill SB 52, including the mailing of the notices via certified mail and providing copies of the certified receipts to the City, and assisting with any consultation in accordance with statutory timelines. The Consultant shall complete response to comments.

Consultant shall also be responsible for preparing materials for, presenting at, and attending public scoping meeting, if necessary. All notices shall be submitted to the City for review prior to posting or circulating. The City will be responsible for preparing and mailing notices for the public hearing.

Deliverable(s): One (1) electronic copy in both PDF and Microsoft Word Format of each document
Task 6.4 Circulation of Final Draft of Environmental Analysis Consultant will distribute final draft document to interested agencies as determined by the City for public review. Consultant will review public comments, prepare response to comments, and incorporate revisions.

Deliverable(s): Four (4) hard copies (3 bound copies and 1 unbound copy), one (1) electronic copy in both PDF and Microsoft Word Format, and Twenty (20) CD-ROM copies
Task 6.5 Adoption
As needed, Consultant shall prepare final findings of fact and statement of overriding Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
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considerations, and provide to City for review prior to distribution. Prepare and submit requiring filings with State agencies and County Recorder’s Offices.

Deliverable(s): One (1) hard copy and one (1) electronic copy in both PDF and Microsoft Word Format

5.0 PROPOSAL SUBMITTAL REQUIREMENTS
Proposal responses must adhere to the requirements set forth in this Section 5, both for content and sequence. Failure to adhere to these requirements or the inclusion of conditions, limitation or misrepresentations may be cause for rejection of the submittal. The original proposal and each subsequent copy must be submitted on paper, properly bounded and appropriately labeled, in the following order:

A. Cover Letter: Provide a cover letter and introduction that includes the name and address of the organization and individuals submitting the proposal, together with the name, address, telephone number, facsimile number, and email address of the contact person who will be authorized to represent the organization, and general information about the firm (e.g., company size, location of office(s), years in business, organization chart, number of staff). The introduction shall express the consultant’s ability and desire to meet the requirements of this Request for Proposal. The letter must be signed by an individual authorized to bind the firm contractually.

B. Consultant Qualifications: Describe the firm’s resources, experience, and capabilities as it relates to the Scope of Work described under Section 4.0.

Submit in the order identified below:

1. Executive Summary: An executive summary should briefly describe the Consultant’s qualifications, including experience in preparation of a Public Health & Safety Element Updates and the Preparation of the Environmental Justice Element, and associated public outreach. The summary should include a description of general plan update projects recently completed.

2. Project Approach: Provide a description of the project approach for executing all the tasks in the Scope of Work. Provide a detailed description of how the public outreach will be conducted, including outreach platforms and activities, and if available, include not less than three (3) examples of previous outreach campaigns used for similar projects. Provide a preliminary scope of work and schedule aligned with the key tasks as described in the RFP, with any additions or modifications recommended in the proposal.

3. Work Schedule: Review the scope of work and provide comments, including changes to the schedule, sequencing, specific work items, and/or Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
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recommendations for additional work items or optional tasks. Include a proposed schedule or timeline for the entire project, which depicts the overall cumulative project schedule and time to complete each task, including milestones, community meetings, and City Council Public Hearings, based on the initial start date of June 12, 2023.

The schedule should demonstrate how and what point the Consultant will complete the project, incorporate all public outreach meetings, review periods, and complete any necessary revisions to the project, pursuant to the direction of the City Council.

Qualifications: Provide the firm’s background and qualifications to perform the requested services. Identify all key project personnel and/or subConsultants and their role in completing the project, including identifying the key staff person responsible for the general project management for each phase of the project, and key staff person responsible for management of the CEQA compliance functions. Summarize the relevant qualifications and experience of each of the identified personal.

4. Experience: Detail previous experience updating and amending General Plan elements (specifically the Public Health & Safety Element and the Preparation of the Environmental Justice Element) or similar activities. Provide a list of General Plan Updates previously prepared and/or similar projects completed for the past five (5) years. Detail previous experience preparing CEQA documentation, including but not limited to documentation for Public Health & Safety Element updates and preparation of the Environmental Justice Element. Indicate how the team’s experience relates to the Project Description.

5. References: List five (5) public sector clients, including three (3) of the most recent and relevant and with whom similar, comparable services have been performed. Provide name, mailing address, and telephone number of the principal contact. If there are multiple firms included in the proposal, i.e., sub-consultants, include five references for each firm. Provide a brief description of the service provided and the dates of the work provided. Do not include references from the City of Porterville.

6. Fee Schedule and Cost Estimates: Provide a detail cost breakdown, including the cost and hours for each task. Costs should include hours and staff assignments for each task. Provide a fee schedule with hourly rates for each person who will be involved in the preparation of the plan. List travel costs and any other direct or indirect costs associated with performing the required services. The cost estimates should include costs for all administrative and material costs, and shall be a not-to-exceed total budget.

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7. Commercial General Liability and Professional Liability Insurance:

Provide statement that adequate insurance is or can be provided. The City requires a commercial general liability of $2,000,000 per occurrence and professional liability with insurance companies with a Best’s Guide Rating of A-Class VII or better.

8. Professional Services Contract: The successful proposer will be required to execute a professional services contract with the City. A template is attached to this RFP as Attachment A. Please note any exceptions to the contract template. It is further anticipated that the City will enter into a Not to Exceed (NTE) contract. The successful proposer will be responsible for obtaining a Porterville business license before work can begin. Information on obtaining a Porterville business license can be obtained by calling (559) 782-7460.

Please note: Any substitution of key personnel during the project shall require the prior approval of the City and submittal of the above information for the proposed new team members for City review.

6.0. PRESUBMITTAL QUESTIONS
Prospective consultants can submit any questions about the RFP via the Public Purchase website:www.publicpurchase.com, by 5:00 P.M. on Monday, May 8, 2023.

7.0 PROPOSAL SUBMITTAL DATE
Firms wishing to be considered for this RFP, must submit three (3) hard copies of the submittal packet formatted to standard letter-sized paper of their proposal in a sealed envelope and one (1) electronic PDF copy (saved on a flash drive or submitted electronically via the Public Purchase website:www.publicpurchase.com) of their proposal in a sealed envelope by 5:00 P.M. on Monday, May 22, 2023. Proposal shall be signed by an authorized officer in order to receive consideration. The envelope should be clearly marked as shown below:

City of Porterville
Proposal for Public Health & Safety Element Update and Preparation of an Environmental Justice Element to the Porterville 2030 General Plan Attention: Jason Ridenour, Assistant City Manager
291 N Main St
Porterville, CA 92257

FAXED PROPOSALS, E-MAILED PROPOSALS, LATE PROPOSALS, OR POSTMARKS WILL NOT BE ACCEPTED.

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8.0 SELECTION PROCESS
Each proposal will be reviewed by City staff.

The City’s selection process will be based on:

A. The proposal’s conformance to the Request for Proposals B. The firm’s ability to complete the analysis in a timely manner C. Demonstrated understanding of the scope of work
D. Qualifications and resources of the firm and staff
E. Preliminary cost information
F. Record of performance
G. References
The City reserves the right, where it may serve the best interest of the City, to request additional information and clarification from Consultants. At the discretion of the City, Consultants submitting proposals may be requested to make oral presentations as part of the evaluation process.

Upon final selection of the Consultant, the scope of services may be modified and refined during negotiations with the City.

9.0 TENTATIVE PROPOSAL EVALUATION SCHEDULE

The City has established the following target dates for evaluation and scheduling purposes. The following dates are tentative, non-binding, and are subject to change without prior notice.

TASK TENTATIVE DATE

1. Request for Proposal Release Date Saturday, April 22, 2023

2. Deadline to Submit Questions Through Public Purchase Website: www.publicpurchase.com
Monday, May 8, 2023

3. Proposals Due Monday, May 22 2023

4. Review of Proposal by City Staff, and Proposal interviews (if needed)
May 23 - June 2, 2023

5. Consultant Selection and Award (City Council meeting) June 6, 2023

6. Draft Public Health & Safety Element update and prepared Environmental Justice Element and Draft Environmental Screen Check Completed for City Staff Review
January 8, 2024

7. Final Draft of Public Health & Safety Element Update and Prepared Environmental Justice Element Final Draft
Environmental Document Completed for Public Review
April 2024
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8. City Council Public Hearing/ Adoption June 2024

10.0 GENERAL TERMS AND CONDITIONS

10.1 City’s Rights
The City may investigate the qualifications of any proposer under consideration, require confirmation of information furnished by a Proposer, and require additional evidence of qualifications to perform the Services described in this RFP. The City reserves the right to:
• Reject any or all of the proposals.
• Issue subsequent Requests for Proposals.
• Cancel the entire Request for Proposal.
• Remedy technical errors in the Request for Proposal process. • Appoint evaluation committees to review proposals.
• Seek the assistance of outside technical experts in proposal evaluation. • Approve or disapprove the use of particular subcontractors. • Establish a short list of Proposers eligible for discussions after review of written proposals.
• Negotiate with any, all, or none of the Proposers.
• Solicit best and final offers from any or all Proposers. • Award a contract to one or more Proposers. (Except for Brooks Bill procurements where multiple awards are not allowed).
• Accept other than the lowest offer.
• Waive informalities and irregularities in proposals.

This RFP does not commit the City to enter into a contract.

10.2 Pre-contractual Costs
The City of Porterville shall not, in any event, be liable for any pre-contractual costs incurred in the preparation of the proposal, in the submission of additional information, and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the Proposer.

10.3 City Assistance and Documentation
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The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other costs or obligation of any kind that may be incurred by a Proposer.

10.4 Late Proposals
It is the Consultant's sole responsibility to ensure that proposals are received at the City Community Development Department prior to the scheduled closing time specified in this RFP. Proposals will not be accepted after the deadline.

10.5 Withdrawal of Proposals
Proposals may be withdrawn if written notification of withdrawal of the proposal is signed by an authorized representative of the proposer and received at the City office prior to the closing time for receipt of proposals. Proposals cannot be changed or withdrawn after the time designated for receipt.

10.6 News Releases
News releases pertaining to the award of any contract resulting from this RFP shall not be made without prior approval of the City. The City's name and shield shall not appear on customer lists, advertising or other materials used to promote the Consultant's services without prior written approval of the City.

10.7 Examination of RFP Documents
Each proposer shall be solely responsible for examining the RFP Documents, including any Addenda issued during the proposal period, and for informing itself with respect to any and all conditions which may in any way affect the amount or nature of the proposal, or the performance of the services in the event the proposer is selected. No relief for error or omission will be given.

10.8 Public Records Act
Responses to this RFP become the exclusive property of the City and subjectto the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in Civil Code section 3426.1(d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Proposers which indiscriminately identify all or most of their proposal as exempt from Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
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disclosure without justification may be deemed non-responsive.

In the event the CITY is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", Proposer agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorney’s fees, in any action or liability arising under the Public Records Act.

11.0 ONLINE REFERENCES
Consultants are advised to refer to the City’s website at www.ci.porterville.ca.us for a copy of the current General Plan and other relevant City documents. Please refer to the following links:
https://www.ci.porterville.ca.us/departments/community_development/development_ activity.php
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ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this day of , 2023, by the CITY OF PORTERVILLE, a municipal corporation, ("CITY") and XXXXXXXXXXXXXX, herein after referred to as “CONTRACTOR”.

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Porterville Council Resolution No. 22-2008 (March 4, 2008).

2. CITY desires to utilize the services of CONTRACTOR to provide an update to the Public Health & Safety Element and to prepare an Environmental Justice Element to the City of Porterville 2030 General Plan, and to prepare and process a California Environmental Quality Act (CEQA) compliance document.

3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.

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

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described in the Scope of Work, Attachment A.

SECTION 2. PAYMENT:

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

TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month. CONSULTANT should receive payment within 45 days of the date the bill is received.

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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) Professional Liability Insurance
Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and consultant agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this agreement. (ii) General Liability
Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.

Consultant’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
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such policies.
(iii) Auto Liability
Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident.
(iv) Worker’s Compensation
Consultant shall maintain Worker’s Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(v) Indemnity for Professional Liability
When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, including the cost to defend and hold harmless City and any of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal consultant’s fees and costs but only to the extent the Consultant (and its Sub-Consultants) are responsible for such damages, liabilities, and costs on a comparative basis of fault between the Consultant (and its Sub-Consultants) and the City in the performance of professional services under this agreement. (vi) Indemnity for Other than Professional Liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, including legal Consultant’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

SECTION 6. WORKMANSHIP AND MATERIALS:

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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.

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:

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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 – APRIL 18, 2023
SUBJECT: Intent to Set a Public Hearing to Consider Annual Adjustment of Fees by Application of the Engineering News-Record Cost Index
SOURCE: Engineering and Project Management
COMMENT: In accordance with prior City Council authorizations, staff calculates and adjusts all of the attached fees annually. The policy as established in 2003 is to provide the Council with notice of all the attached adjustments annually (whether they are subject to the Mitigation Fee Act or not) sixty (60) days before the new fees become effective.

City staff endeavors to honor its commitment to the Building Industry Association (BIA) by providing 60-days notice prior to the effective date of the annually adjusted fees. The BIA of Tulare/Kings Counties, Inc., has requested that they be notified of the annual adjustment of the attached fees, which are adjusted annually by application of the Engineering News-Record (ENR) Cost Index. Notification was sent to BIA, developers, and Porter Vista Utilities on April 12, 2023. Most of the fees in Exhibit "H" Connection Fees were in effect before January 1, 1989, (the effective date of the Mitigation Fee Act) and have only been increased by the ENR 20 City Construction Cost Index. The fees subject to the Act, that were adopted or increased after its effective date, were adopted or increased in accordance with those regulations. Again this year, City staff is providing notice of the fees covered by the Mitigation Fee Act. The applicable fees are: 1) Hillside Development Trunk Line Sewer Fees; 2) Hillside Development Water Trunk Fees; 3) Transportation Impact Fees; and 4) Park Impact Fees (Exhibit "A").

The fee adjustments (3.01%) are shown in the attached Exhibit "A" Park Impact Fees and Exhibit "H" Connection Fees and will go into effect on July 1, 2023.

RECOMMENDATION: That the City Council set a Public Hearing for June 13, 2023, pursuant to Government Code Section 66016, to consider the implementation of the City's Impact Fee ENR Cost Index auto escalator.

ATTACHMENTS: 1. Exhibit "A" Park Impact Fees

2. Exhibit "H" Connection Fees

3. California Government Code 66016
Appropriated/Funded:

Item No. 6.

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
EXHIBIT ‘A’
PARK IMPACT FEES ◊
Effective Date Effective Date
07/01/22 07/01/23*

1. Single Family (RS-1 & RS-2) ∆ $960 $988

2. Multiple Family Per Unit ∆ $745 $767

3. Mobile Homes ∆ $538 $555
To be increased annually by the Engineering News Record Construction Cost Index. *MO #XX-XXXX – Based on ENR Index = 13176.3
∆ Resolution #2-99 (Establishing ENR Annual Adjustment) ◊ Fees Covered by the Mitigation Fee Act
P:\PUBWORKS\GENERAL\ADMINISTRATION\CONNECTION FEES\2023 FEE ADJUSTMENT\EXHIBIT A 2023.DOC (Reference Acreage Fees) EXHIBIT ‘H’

CONNECTION FEES

EFFECTIVE DATE
SEWER TRUNK LINE FEES 7/01/22 7/01/23*

1. Hillside Development - per acre (∆ 142-02)◊ _ $1,429 $1,472

2. Single Family (RS-1 & RS-2) - per acre (∆ 94-90) $2,680 $2,761

3. Duplex (RM-1) - per acre (∆ 94-90) $6,224 $6,411

4. Multiple Family (RM-2 & RM-3) - per acre (∆ 94-90) $14,520 $14,957

5. Institutional - per acre**(∆ 94-90) $1,009 $1,039

6. Commercial & Professional Office - per acre**(∆ 94-90) $3,784 $3,898

7. Industrial - per acre**(∆ 94-90) $16,154 $16,640

EFFECTIVE DATE
TREATMENT PLANT FEES 7/01/22 7/01/23*

1. Single Family and Multiple Family - per unit (∆ 67-03) $4,392 $4,524

2. Commercial and Industrial - per sewer connection $15.69 $16.16 (∆ 67-03) (per gpd) (per gpd)
($4,392) ($4,524)

EFFECTIVE DATE
SEWER CONNECTION CHARGES 7/01/22 7/01/23*

1. Six Inch or Smaller - per foot $14.48 $14.92

2. Eight Inch - per foot $18.99 $19.56

EFFECTIVE DATE
WATER TRUNK FEES 7/01/22 7/01/23*

1. Hillside Development - per acre (∆ 142-02) ◊ _ $2,103 $2,167

2. Single Family (RS-1 & RS-2) - per acre (∆ 93-90) $4,385 $4,517

3. Duplex (RM-1) - per acre (∆ 93-90) $10,977 $11,308

4. Multiple Family (RM-2 & RM-3) - per acre (∆ 93-90) $25,628 $26,400

5. Institutional**(∆ 93-90) $2,862 $2,948

6. Commercial and Professional Office - per acre**(∆ 93-90) $3,296 $3,395

7. Commercial Crop Cultivation – per acre**(Ord. 1813) D $823 $848

8. Industrial - per acre**(∆ 93-90) $25,312 $26,074

EFFECTIVE DATE
WATER CONNECTION FEE 7/01/22 7/01/23*

1. Connection Charges - per foot $11.77 $12.12

EFFECTIVE DATE
STREET LIGHT FEES 7/01/22 7/01/23*

1. Multiple Family - per foot $3.75 $3.86

2. Commercial/Industrial - per foot $4.74 $4.88

EFFECTIVE DATE
STORM DRAINAGE FEES 7/01/22 7/01/23*

1. Single Family (RS-1 & RS-2) - per acre (inc. Hillside Dev.) (∆ 95- 90) $7,223 $7,441

2. Duplex (RM-1) - per acre (∆ 95-90) $9,635 $9,925

3. Multiple Family (RM-2 & RM-3) - per acre (∆ 95-90) $14,456 $14,891

4. Commercial, Industrial & Institutional - per acre (∆ 95-90) $19,266 $19,846

EFFECTIVE DATE
FIRE HYDRANT FEES 7/01/22 7/01/23*

1. Multiple Family - per foot $4.90 $5.05

2. Commercial/Industrial - per foot $7.27 $7.49
TRANSPORTATION IMPACT FEES◊ _ 7/01/22 7/01/23*

1. Single Family (RS-1 & RS-2) per unit (∆ 50-98) $1,446 $1,489

2. Multiple Family (per unit) (∆ 50-98) $977 $1,006

3. General Office/ Institutional (per 1,000 sq ft of gross floor) (∆ 50-98) $3,977 $4,096

4. Commercial (per 1,000 square feet of gross floor area) (∆ 50-98) $7,564 $7,792

5. Light Industrial (per 1,000 square feet of gross floor area) (∆ 50-98) $1,128 $1,161

EFFECTIVE DATE
FRONTAGE IMPROVEMENT VALUATION THRESHOLD 7/01/22 7/01/23*

1. Frontage Improvements are required when the
Building Permit valuation is over  $27,465 $28,292
(Beginning 2/19/04 - over a two-year period)
*MO #XX-XXXXXX – Based on ENR Index = 13176.3
∆ Resolution Establishing ENR Annual Adjustment
Ordinance No. 1644 dated 2-19-04 (includes Annual Adjustment by ENR) ◊ Fees Covered by the Mitigation Fee Act
**Institutional, Commercial and Industrial water and sewer trunk line fees will be collected based upon the amount stated above, but shall be adjusted after monitoring of actual usage to the following fees:

Water - $220.38 per 100 GPD of actual average demand (adjusted annually by the ENR Construction Cost Index).

Sewer - $187.32 per 100 GPD of actual daily flow (adjusted annually by the ENR Construction Cost Index).

State of California

GOVERNMENT CODE
Section 66016
66016. (a)  Prior to levying a new fee or service charge, or prior to approving an increase in an existing fee or service charge, a local agency shall hold at least one open and public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice of the meeting on new or increased fees or service charges. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.

At least 10 days prior to the meeting, the local agency shall make available to the public data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues. Unless there has been voter approval, as prescribed by Section 66013 or 66014, no local agency shall levy a new fee or service charge or increase an existing fee or service charge to an amount which exceeds the estimated amount required to provide the service for which the fee or service charge is levied. If, however, the fees or service charges create revenues in excess of actual cost, those revenues shall be used to reduce the fee or service charge creating the excess.
(b)  Any action by a local agency to levy a new fee or service charge or to approve an increase in an existing fee or service charge shall be taken only by ordinance or resolution. The legislative body of a local agency shall not delegate the authority to adopt a new fee or service charge, or to increase a fee or service charge. (c)  Any costs incurred by a local agency in conducting the meeting or meetings required pursuant to subdivision (a) may be recovered from fees charged for the services which were the subject of the meeting.
(d)  This section shall apply only to fees and charges as described in Sections 51287, 56383, 65104, 65456, 65584.1, 65863.7, 65909.5, 66013, 66014, and 66451.2 of this code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code. (e)  Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion levying a fee or service charge subject to this section shall be brought pursuant to Section 66022.
(Amended by Stats. 2006, Ch. 643, Sec. 19. Effective January 1, 2007.) Item No. 7.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Authorization to Execute Consultant Agreement with 4Creeks, Inc - Veterans Park Multi-Use Trail, Phase 2
SOURCE: Engineering and Project Management
COMMENT: The City has received a federal Congestion Mitigation & Air Quality Grant (CMAQ) for the construction of Phase 2 of the Veterans Park Multi-Use Trail.

Grant delivery is dependent on the completion of the plan design before the end of this fiscal year. Staff has reached out to 4Creeks, Inc. for a quote for the design work as they are currently working on trail designs for the City and they are listed on the City's approved Engineering & Surveying Consultant On-Call List.
4Creeks, Inc. has submitted a quote in the amount of $132,355 for the design work and has committed to delivering the required plans and specifications in time for the City to meet the requirements of the grant. Funding for the design of this project is approved in the 2022-2023 Fiscal Year budget with Measure R - Alternate Transportation Funds. Staff found the quote acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the design of Phase 2 of the Veterans Park Multi-Use Trail, with 4Creeks, Inc. in the amount of $132,355;

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

3. Authorize the Engineering & Project Management Director to secure Measure R Funds for the design of the project.

ATTACHMENTS: 1. Draft Service Agreement

2. Scope of Services

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

Rev. 2013-02-19

SERVICE AGREEMENT
DATE: April 20, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and 4Creeks Incorporated, 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: Design and construction support services for Veteran’s Park Multi-Use Trail, Phase 2 Description of Project: In general, the consultant will be provide engineering services for the Veteran’s Park Multi-Use Trail, Phase 2 Project. Details are summarized in 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 in the attached proposal.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed One Hundred Thirty-Two Thousand Three Hundred Fifty-Five Dollars, ($132,355).

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 design “work directives” shall be completed in time to meet the various submittal deadlines for the grant. 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 Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents Service Agreement

and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”

SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between Service Agreement

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
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
March 8, 2023
Ms. Sarah Weaver
Project Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
Subject: Design Proposal for Veteran’s Park Trail – Southern Segment Dear Ms. Weaver,
We have prepared a scope of work and fee for the services required to complete the plans, specifications, and engineer’s opinion of probable construction costs (PS&E) for the southern segment of Veteran’s Park Trail. The project is approximately 0.80 miles of Class I path. Our understanding is that the scope of work will generally include the following improvements:
• Approximately 0.80 miles of 8’ wide concrete paved trail with 2’ wide shoulders • Solar lighting for the length of the path
• Approximately 100 LF of new security fencing
• Approximately 400 SF of concrete for four (4) bench seating areas Below you will find a breakdown of the tasks needed to complete this project.

Task 1: Project Management
4Creeks will manage the design team’s progress throughout the life of the project. The City of Porterville will be the Contract Administrator for the project. The purpose of the Project Management task is to organize the efforts of the project team, including the City, to keep the project on schedule and on budget. 4Creeks will:
• Manage project tasks and completion of work products
• Coordinate and manage the design team
• Manage and update the project schedule in coordination with the City of Porterville • Schedule meetings in coordination with the City of Porterville • Represent the 4Creeks’ Team at project coordination meetings • Prepare and distribute project coordination meeting minutes • Respond to the City’s questions/correspondence
• Implement and maintain quality control procedures across all disciplines involved in the project • Provide overall quality control of the contract documents • Prepare and submit monthly invoices to the City of Porterville 4Creeks will coordinate, schedule, and participate in project meetings with the City. 4Creeks assumes a meeting to review City comments after the 30%, 90%, and 100% submittals and one additional project coordination meeting for up to a total of four (4) project meetings to be held virtually or in-person.

The above Task 1 services will be provided for a Fixed Fee of $8,410. This task assumes up to four (4) project meetings to be held virtually and/or in-person. Please note additional meetings have been identified and included in other tasks. 4Creeks will be available to attend additional in-person or virtual meetings, as needed and approved by the City on a time and materials basis.

Ms. Sarah Weaver March 8, 2023
Veteran’s Park Trail – Southern Segment Proposal Page 2 of 5 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Task 2: Topographic Survey
This task includes a topographic field survey of the southern trail system of the existing Veteran’s Park site in Porterville, California (APN # 251-360-001). The topographic survey is intended to be used in the design of the trail. 4Creeks will complete the topographic field survey which shall include, but not be limited to, the following:
• Observable utilities including fire hydrants, water meter boxes, sewer cleanouts, sewer and storm manholes, valve boxes, etc.
• Building locations
• Paved/parking areas
• Grass and landscaped areas
• Curb and gutter
• Concrete/sidewalk
• Tie into local County or GPS benchmark system
• Tie in adjacent centerline or property line monuments for baseline control of site (rotation) 4Creeks will then prepare the topographic survey map. Property boundaries will be prepared based on record data and field monumentation.

The above-described Task 2 services shall be provided for a Fixed Fee of $10,500. Any title or agency documentation shall be provided by the City and/or their agents. Any item not specifically mentioned above will be billed on a time and materials basis per the current 4Creeks fee schedule.

Task 3: Utility Research and Coordination
4Creeks will work with utility companies affected by the project in providing a complete set of plans for construction bidding. Along Veteran’s Park Trail, there are wet and dry utilities that will need to be included in the topographic base map. 4Creeks will complete utility research to identify and mitigate existing and potential conflicts. 4Creeks will complete the following utility research and coordination:
• Obtain utility plats and record drawings from utility companies • Schedule meetings and site visits with affected utility companies and the City of Porterville in identifying utility conflicts
• Include obtained utility information in the topographic survey and base map • Draft conflict maps for each affected facility
The above Task 3 services will be provided for a Fixed Fee of $2,590.

Task 4: Geotechnical Analysis
4Creeks subconsultant, Krazan & Associates, will perform a geotechnical investigation. Krazan will drill eight (8) exploratory borings over the length of the proposed Class I path to a depth of five to 10 feet or auger refusal. Four (4) bulk subgrade soil samples will also be collected for laboratory R-Value testing. Prior to drilling operation, Underground Service Alert (USA) will be notified. All fieldwork will be done under the supervision of a Geotechnical Engineer. A final geotechnical report of the findings will be provided.

The above Task 4 services will be provided for a Fixed Fee of $7,475.

Task 5: PS&E for Civil Design of Southern Trail Segment The 4Creeks’ Team will prepare PS&E for review/approval by the City. Plans and cost estimates will be provided at the 30%, 90%, and 100% submittal stages. Specifications will be provided at the 90% and 100% submittal stages.

It is anticipated that the City will provide a full review of the documents submitted at each stage of the project and will provide their comments to 4Creeks. The 4Creeks’ Team will address the City’s comments and revise the plans as appropriate and provide the City with responses to comments.

The following will be submitted with the 30%, 90%, 100%, and final submittals, or as noted below:

Ms. Sarah Weaver March 8, 2023
Veteran’s Park Trail – Southern Segment Proposal Page 3 of 5 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
● Full-sized (22” x 34”) plans – one hardcopy and electronic PDF file ● Specifications – one hardcopy and one electronic PDF file (90%, 100%, and final submittals) ● Engineer’s Opinion of Probable Construction Costs – one hardcopy and one electronic PDF file ● Electronic copy of specifications in MS Word format (90%, 100%, and final submittals) ● 4Creeks response to comments and tracking - electronic PDF (90%, 100%, and final submittals) ● Electronic copy of plans in AutoCAD Civil 3D 2019 (submitted with final, signed plans only) After final comments are addressed, one (1) set of the following hard copies will also be submitted for the final, signed contract documents:
● Full-sized plans
● Specifications
● Engineer’s Opinion of Probable Construction Costs
Construction Plans
4Creeks will submit construction plans that conform to current regulations and guidelines in accordance with City of Porterville’s Standard Plans and Specifications, Caltrans Standards and Specifications, and applicable AASHTO geometric design guidelines. It is anticipated the project improvements can be designed within the existing City right of way or the necessary right of way or easement areas will be obtained by the City.

Project plans will be prepared in AutoCAD Civil 3D on 22” x 34” size sheets. 4Creeks anticipates providing the following plan sheets for the project:

• Cover Sheet
• General Notes and Legend
• Key Map (assumed at 1” = 200’ scale, 4 sheets)
• Cross Sections (assumed at 1” = 10’ scale, 1 sheet)
• Topographic Survey/Demo Plans (assumed at 1” = 20’ scale, 5 sheets) • Layout Sheets & Utility Plan and Profile Sheets (assumed 1” = 20’ scale, 5 sheets). • Drive Approach Details (assumed 4 per page at 1” = 5’ scale, 1 sheet) • Construction and City Standard Details (assumed 3 sheets) • Sight Amenities and Lighting Plan (assumed 1” = 20’ scale, 5 sheets)

Specifications and Cost Estimate
4Creeks will prepare the project specifications and engineer’s opinion of probable construction costs for the project.

The City shall provide 4Creeks their current City specifications and technical special provisions in MS Word. Based on directions received from the City, 4Creeks anticipates the City will prepare the up-front, boilerplate specifications. 4Creeks shall prepare and provide the following:
• Short project description to be included in the project specifications • Special provisions, technical specifications, and needed appendices for the project specifications • Engineer’s opinion of probable construction costs
• Bid item description, including measurement and payment for each item • Excel file showing itemized quantity breakdowns
Special provisions and technical specifications that are not covered by the City’s Standard Specifications will be prepared using Caltrans Standard Specifications and Special Provisions or industry standard specifications for the specific items identified, or similar technical specifications of previous projects.

The above Task 5 services will be provided for a Fixed Fee of $92,110.

Ms. Sarah Weaver March 8, 2023
Veteran’s Park Trail – Southern Segment Proposal Page 4 of 5 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Task 6: Bidding Phase Services
4Creeks will provide assistance during the bidding phase to the help the City receive clear and concise bids from Contractors for the project construction. 4Creeks will provide the following bidding phase services:
• Attend and participate in a pre-bid meeting with the City and Contractors • Provide supplemental instructions and clarifications to bidders as necessary; produce addendums to modify the bid documents (plans and specifications) as required • Review bids received at the bid opening held by the City and provide a recommendation for award The above Task 6 services will be provided on a time and materials basis. We propose the City budget $3,080 for these services. This task assumes one (1) in-person pre-bid meeting to be held at the City’s office or at the project site.

Task 7: Construction Assistance, CE Task
4Creeks will assist during construction, including but not limited to the following services:
• Attend and participate in the preconstruction meeting • Respond to Requests for Information
• Review technical submittals if requested by the City
• Assist with change order review if requested by the City • Prepare as-built record drawings in AutoCAD based on red-lined plans provided by the City/Contractor Project costs for the above Task 7 services will be provided on a time and materials basis. We propose the City budget $8,190 for these services. This task assumes one (1) in-person preconstruction meeting to be held at the City’s office.

Total Amount for Tasks 1 to 7 = $132,355
Schedule
4Creeks has attached a proposed project schedule which anticipates the 90% project plans, specifications, and engineer’s opinion of probable construction costs (PS&E) will be completed and submitted to the City by May 31, 2023 to meet the funding deadline. To meet this schedule, Notice to Proceed shall be provided to 4Creeks no later than March 23, 2023. The items listed below are being provided to give the City the best chance possible of meeting their schedule. Our staff will aggressively pursue these items to get approvals as soon as reasonably possible.

1. City-provided information/data – The City shall provide the following information/data immediately upon notice to proceed:
• Current City Standard Plans
• Current City specifications and technical special provisions in MS Word • Record drawings of the project area
• AutoCAD files of the project’s north segment conceptual plans • Right of way documents or title reports for the project • Any utility information the City may have for the project area

2. Expediting Permits – The City will need to expedite any required City permits, such as for geotechnical investigations, so they are approved right away and there is no delay in work to be completed.

3. Expediting City Review – The City will need to expedite their review of the PS&E submittals. 4Creeks has included seven (7) working days for the City’s review of the 30%, 90%, and 100% submittals.

4. Utility Relocation Process – At this time, it is unknown if there are any major utilities that will require relocation. 4Creeks staff will work with the utility companies as efficiently and quickly as possible to finalize the necessary utility relocation packages.

Ms. Sarah Weaver March 8, 2023
Veteran’s Park Trail – Southern Segment Proposal Page 5 of 5 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
City of Porterville Responsibilities
• Provide information/data as noted in item 1 above.
• Provide responses to Consultant’s questions within two (2) days throughout the project. • Attend and participate in monthly project coordination meetings and City review meetings. • Provide expedited permits and City review to maintain the project schedule.

Exclusions
• Any work not specifically listed in this scope of work is excluded.

We are very excited to submit this proposal and look forward to continuing to develop a strong working relationship with the City of Porterville. If you have questions or need additional information, please feel free to give us a call to discuss.

Sincerely,
Elsa Mejia, PE 92473 Matthew D. Ainley, PE 66233
Senior Civil Engineer Principal-In-Charge
encl: 4Creeks Fee Schedule
Current Prevailing Wage Surveying Rates
Project Schedule
EM/CC
Job No. 23064
1 of 1
Effective May 1, 2022
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour Classification Charges Per Hour Civil Engineering Services Architectural Services
Associate Engineer $125 Architectural Designer $105
Engineer $145 Architect $145
Senior Engineer $175
Principal Engineer $200
Planning Services Construction Inspection
(Non-Prevailing Wage)
Assistant Planner $90 Associate Construction Inspect0r $110 Associate Planner $115 Construction Inspector $130
Planner $135 Senior Construction Inspector $150
Senior Planner $165
Principal Planner $185
Structural Engineering Services Construction Management Associate Structural Engineer $145 Associate Construction Manager $125 Structural Engineer $160 Construction Manager $145
Senior Structural Engineer $180 Senior Construction Manager $175 GIS Services Technical Services
Associate GIS Technician $90 Project Technician I $85
GIS Technician $100 Project Technician II $95
Senior GIS Technician $120 Project Technician III $105
Project Technician IV $120
Utility Design Services
Associate Designer $105 Public Outreach Coordination
Designer $130 Associate Outreach Coordinator $105
Senior Designer $160 Outreach Coordinator $125
Land Surveying Services
Assistant Surveyor $110 Water Consulting Services
Land Surveyor $135 Associate Water Consultant $115
Senior Surveyor $155 Water Consultant $135
Principal Land Surveyor $180 Senior Water Consultant $165 1-Man Survey Crew * $150
2-Man Survey Crew * $220 Executive Staff
3-Man Survey Crew* $275 Associate Executive $120
Drone Pilot $155 Executive $145
Senior Executive $165
Software Engineering Services Expert Witness
Assistant Software Engineer $75 Expert Witness $300
Associate Software Engineer $90
Software Engineer $135
Senior Software Engineer $165
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses • Website Hosting Fees: $15/mo. | $150/annual
*Prevailing wage rates by separate schedule – Varies by County 1 of 1
Effective February 1,2020
Updated August 12, 2021
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour
Construction Inspection (Prevailing Wage)
Construction Inspector $150
Construction Inspector Over Time $180
Construction Inspector - Sunday $210
Land Surveying (Prevailing Wage)
1-Man Survey Crew – Tulare County $150
1-Man Survey Crew – Fresno County $150
1-Man Survey Crew – Kings County $150
1-Man Survey Crew – Kern County $150
1-Man Survey Crew – Merced County
2-Man Survey Crew – Tulare County $280
2-Man Survey Crew – Fresno County $280
2-Man Survey Crew – Kings County $280
2-Man Survey Crew – Kern County $280
2-Man Survey Crew – Merced County $280
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.75 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses

MUTLI-USE TRAIL

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 VETERANS PARK
MULTI-USE TRAIL - PHASE 2 N PROSPECT ST

W HENDERSON AVE

VETERANS PARK

PORTERVILLE
WWTP

W MORTON AVE N NEWCOMB ST
Item No. 8.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Authorization of Temporary Overflow Parking on City Property SOURCE: City Manager's Office
COMMENT: City staff was recently contacted by Eagle Mountain Casino staff with a request to use the eastern unimproved overflow parking lot at the Sports Complex, as well as the City's unimproved overflow parking lot east of the Porterville Fairgrounds, as overflow parking for the new Eagle Mountain Casino during its planned public soft opening (April 20 - 23) and Grand Opening (May 5 - 14) events. Use of the unimproved overflow parking lot at the Sports Complex should not interfere with scheduled Sports Complex activities. However, construction continues on the tertiary treatment recycled wastewater facility near the lot so necessary traffic precautions would need to be implemented.

Also, the Porterville Fair is scheduled for May 17-21, so accommodations will be made to not interfere with preparations for the upcoming Fair.

RECOMMENDATION: That the City Council authorize temporary overflow parking at the Porterville Sports Complex and on City property adjacent to the east of the Porterville Fairgrounds for the opening of the new Eagle Mountain Casino the days of April 20 - 23 and May 5 - 14, 2023.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 9.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Resolution Approving Side Letter with Porterville City Employees Association and Management and Confidential Series Employees Concerning Class A Driver's License Incentive Pay
SOURCE: Administrative Services
COMMENT: Within the scope of the Meyers-Milias-Brown Act, City representatives have met with representatives of the Porterville City Employees Association (PCEA) and Management and Confidential Series (MCS) and have reached an agreement to amend the Employee Pay & Benefit Plan to establish incentive pay of 2.5% of base salary for employees in specific job classifications who attain and retain a Class A Driver's License.

City Council acceptance and approval of the side letter agreement is needed before staff executes the letter and is most commonly demonstrated by Council authorization to change or amend, when applicable, those documents that are necessary to implement the points of agreement contained in the letter.

RECOMMENDATION: That the City Council adopt the draft Resolution approving a Side Letter between the City of Porterville and Porterville City Employees Association and Management & Confidential Series employees amending the Employee Pay & Benefit Plan
establishing incentive pay for employees attaining and retaining a Class A Driver's License.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE APPROVING A SIDE LETTER AGREEMENT

BETWEEN THE CITY OF PORTERVILLE AND
PORTERVILLE CITY EMPLOYEES ASSOCIATION (“PCEA”) AND
MANAGEMENT & CONFIDENTIAL SERIES (“MCS”)

AMENDING THE EMPLOYEE PAY AND BENEFIT PLAN

ESTABLISHING INCENTIVE PAY FOR EMPLOYEES ATTAINING AND
RETAINING A CLASS “A” DRIVER’S LICENSE
WHEREAS, the City Council has determined and reiterated that an Employee Pay and Benefit Plan, Classification Plan, Personnel System Rules and Regulations, Health Plan and Retirement Plan are essential for the proper administration of the City’s affairs, including employee recruitment and retention, and for proper supervision of City Employees; and WHEREAS, the City Council recognizes the necessity of amending and/or changing the contents of such plans and regulations from time to time, and of executing instruments to implement and to keep the provisions thereof current, and to maintain the relevancy of the same; and
WHEREAS, in order to meet the needs of the City, on a regular basis it is necessary that City staff utilize trailers in excess of 10,000 pounds to move heavy equipment and other materials. In order to comply with provisions of the California Vehicle Code, employee drivers must possess a Class A Driver’s License in order to haul these loads; and WHEREAS, the City recognizes the additional educational requirements to employees who attain and retain a Class A Driver’s License, as well as the legal impacts to these employees while off-duty, and desires to provide incentive pay for mutual benefit; and WHEREAS, there has been concurrence on a Side Letter Agreement between the City, PCEA and MCS to amend the Employee Pay and Benefit Plan to establish incentive pay in this regard.

Resolution No. ___-2023

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the Employee Pay and Benefit Plan shall be amended to establish incentive pay in specific classifications, as follows:

Porterville City Employees Association Classifications:

Field Services Worker II/III – Streets
Mechanic II
Parks Maintenance Worker I/II/III
Water Utility Worker I/II/III
Management & Confidential Series Classifications:

Field Services Superintendent - Streets
Field Services Supervisor - Water
Parks Superintendent
Shop Superintendent
Water Systems Specialist
Water Utility Superintendent
Effective April 1, 2023, employees within the job classifications identified above are eligible to receive incentive pay of 2.5% of base salary to attain and retain a Class A Driver’s License as conditioned herein.

Employees within the job descriptions identified above who currently possess and have possessed a Class A Driver’s License and performed duties associated with said license since January 1, 2023, shall receive incentive pay of 2.5% of base salary retroactively effective to January 1, 2023, as conditioned herein.

The Class A Driver’s License must be maintained in good standing to continue to receive this incentive pay. The intent of making this incentive pay available to employees is to provide a mutual benefit between the City and the eligible employee. If the employee is unable to perform the duties that require a Class A Driver’s License for a period of time of sixty (60) days or longer due to any reason, including for a work-related or non-work-related injury, the incentive pay shall be suspended until such time as the employee returns to their performance of Class A driving duties.

All other terms and conditions previously negotiated and subsequently approved and implemented by appropriate authority shall, unless herein expressly modified or eliminated, remain in full force and effect until such time as they are subsequently modified or eliminated through the meet and confer process and mutually agreed upon by the City and bargaining units.

BE IT FURTHER RESOLVED that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof.

Resolution No. ___-2023

PASSED, APPROVED AND ADOPTED this 18th day of April, 2023. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John Lollis, City Clerk
By: ______________________________
Fernando Gabriel-Moraga, Deputy City Clerk
Item No. 10.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Out-of-State Travel for Fallen Firefighter Memorial SOURCE: Fire
COMMENT: Annually, the National Fallen Firefighters Foundation sponsors the official national tribute to all firefighters who have died in the line of duty during the previous year. This annual event is held at the National Emergency Training Center in Emmitsburg, Maryland. This year the event has been moved to May and will honor the firefighters that perished in 2022. Members of the Porterville Fire Department's Honor Guard will attend the ceremony to honor the memory of Captain Figueroa and Firefighter Jones, as well as the firefighters that will be honored at this year's ceremony. Two members from the Fire Department's Honor Guard will depart on May 5th and return on May 8th. If travel is approved by the City Council, the associated costs will be paid for by the Fire Department's annual budget. Staff estimates that the total cost for two personnel is approximately $4,000.

RECOMMENDATION: That the City Council:
1) Authorize travel by City representatives to Emmitsburg, Maryland; and
2) Approve up to $4,000 in anticipated travel expenses from the Fire Department's annual budget.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
Item No. 11.

CITY COUNCIL AGENDA – APRIL 18, 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 April 4, 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. 11.
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. On March 24, 2023, due to atmospheric river storms during the month of March 2023, Governor Newsom issued Executive Order N-5-23 that ended the requirement that the state's largest water providers (including the City of Porterville) put in place "Level 2" of water storage contingency plans (the City of Porterville is currently in "Level 4"), as well as ended the voluntary fifteen percent (15%) water conservation target.

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 Item No. 11.
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 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 Item No. 11.
purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

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

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

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

County staff had previously indicated that the well would be in service and 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.

Item No. 11.

City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.

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

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

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

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 Item No. 11.

Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

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

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the 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:

Item No. 11.

April 27, 2021

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

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

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

8. Governor Newsom Executive Order N-5-23: March 24,
2023

9. 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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California 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 March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; 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 Order 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:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

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 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

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