Porterville City Council
May 16, 2023

City Council Agenda May 16, 2023

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MAY 16, 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 – City Council Meeting of May 16, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/82629411102?pwd=cGNOK0tvOVZkclp1V2ZlcTAzUUZGUT09 Or via Telephone: 1-669-900-6833 Webinar ID: 826 2941 1102 Passcode: 256568 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville City Employees Association and Management and Confidential Series. 2 - Government Code Section 54956.95 – Liability Claim: Claimant: Reginaldo Cornejo. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Stephanie Navarrete. Agency claimed against: City of Porterville.

4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Four (4) cases in which facts are not yet known to potential plaintiff.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 6 - Government Code Section 54957 - Threat to Public Services or Facilities:

Consultation with Jake Castellow, Porterville EOC Incident Commander.

City Council Agenda May 16, 2023

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

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

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 - May 4, 2023

2. Library & Literacy Commission - May 9, 2023

3. Arts Commission - April 25, 2023

4. Animal Control Commission - May 11, 2023

5. Youth Commission - May 10, 2023

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

1. Water Conservation Phase IV Status Update - April 2023

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 April 14, 2023, and May 02, 2023.

Re: Considering approval of the City Council Meeting draft Minutes of April 14, 2023, and May 02, 2023.

2. Purchase of Personal Protective Equipment
Re: Consideration to approve the purchase of two sets of turnouts from Curtis at a not to exceed cost of $7,974.81.

3. Authorization to Advertise for Bids - Main Street Reconstruction Project (Putnam Avenue to Morton Avenue)
Re: Consideration to approve staff's recommended Plans and Project Manual for the Main Street Reconstruction Project located between Putnam Avenue and Morton Avenue; and authorize staff to advertise for bids on the project.

City Council Agenda May 16, 2023

4. Authorization to Distribute Request for Qualifications - Emergency Operations Center & Public Safety Headquarters
Re: Consideration to authorize staff to distribute Design Services Request for Qualifications for the Emergency Operations Center & Public Safety Headquarters located at 41 W.

Thurman Ave.

5. Authorization to Award Freedom Fest Fireworks Contract Re: Consideration to authorize progress payments up to one hundred percent (100%) of the contract amount of $25,000 to Zambelli Fireworks.

6. Authorization to Apply and Receive Financing for the Consolidation of Del Oro Water Company
Re: Consideration to authorize the application to receive financing from the California State Water Resources Control Board for planning, design, and construction of the Grandview Gardens and East Plano consolidation.

7. Approval of State Senate Bill 1 (SB1) Project List for Fiscal Year 2023-2024 Re: Consideration to adopt the draft Resolution for the SB1 project list for Fiscal Year 2023- 2024; authorize the City Clerk to record the attached draft Resolution; and authorize staff to submit the project list package to the California Transportation Commission to secure the City's FY 2023-2024 RMRA apportionment.

8. Consideration of Funding Recommendations and Reopening Request for Proposals for 2021 Permanent Local Housing Allocation (PLHA)
Re: Consideration to award Turning Point of Central California $154,234.50 for the Navigation Center, $154,234.50 for Emergency Housing, and $67,950.00 for permanent supportive housing (PSH); and award Central California Family Crisis Center $153,163.00 for operational support for emergency housing; and authorize staff to reopen RFP for the remaining $52,701.50 for PSH program operations.

9. A Resolution Approving the Application for State Off-Highway Vehicle Grant Funds Re: Consideration to adopt a draft Resolution approving the application for State OffHighway Vehicle grant funds in the amount of $1,730,535, of which $730,535 would be a local match.

10. Authorization of Street Closures for KJUG Free Summer Concert Series Re: Consideration to authorize the street closures for the KJUG Concerts on May 24, 2023, June 6 or 7, 2023, and June 21, 2023.

11. Authorization of Street Closure for Military Banner Ceremony Re: Consideration to authorize the temporary closure of Main Street between Thurman Avenue and Cleveland Avenue for the Military Banner Ceremony on Friday, May 26, 2023, between the hours of 9:00 a.m. and 3:00 p.m.

12. Parks and Leisure Services Commission Meetings
Re: Consideration to approve the Parks and Leisure Services Commission's request for a hiatus during the months of July and August 2023, with the Commission being available to meet if necessary.

13. Cancellation of Public Hearing to Consider Annexation Re: Consideration to cancel the Public Hearing previously scheduled for the consideration of the annexation of APNs 261-015-013, 261-015-015, and 261-015-016.

City Council Agenda May 16, 2023

14. Rescinding and Replacing Resolution No. 16-2023 Concerning Class A Driver's License Incentive Pay
Re: Consideration of rescinding and replacing Resolution No. 16-2023 regarding incentive pay for employees in certain classifications for attaining and retaining a Class A Driver's License.

15. Cancellation of July 4, 2023, City Council Meeting
Re: Consider cancellation of the first Council Meeting in July due to the Independence Day holiday.

16. 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

17. Public Hearing to Consider the Transition to Phase III of the City's Water Conservation Plan
Re: Consideration of the transition from Phase IV to Phase III of the City's Water Conservation Plan.

SCHEDULED MATTERS

18. Consider Resolutions of Opposition to Assembly Bill 1090 (Jones-Sawyer) and State Senate Bill 94 (Cortese)
Re: Consideration of Resolutions of Opposition to Assembly Bill 1090 (Jones-Sawyer) and Senate Bill 94 (Cortese).

19. Bid Results - Tule River Parkway, Phase 3 Project
Re: Consideration to award the Tule River Parkway, Phase 3 Project located along the Tule River between Main and Plano Streets, to American Paving Co. in the amount of $2,536,720; plus ten percent (10%) contingency, and an additional $1,091,564 in Local Transportation Funds.

20. 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 consider the draft License Agreement for the City's exclusive use of the Porterville Army National Guard Armory for one (1) year, from May 5, 2023 to May 4, 2024.

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

1. Military Banner Program Committee - April 25, 2023

2. Local Initiatives Navigation Center (LINC) Committee - May 3, 2023

3. Easter Tule Groundwater Sustainability Agency (ETGSA) - May 4, 2023

4. Tulare County Water Commission - May 8, 2023
City Council Agenda May 16, 2023

5. Tulare County Association of Governments One Voice Trip to Washington DC - May 9-12, 2023

6. Social Services Transportation Advisory Council - May 9, 2023

7. Transit Forum - May 10, 2023

8. CalVans Board - May 11, 2023

9. Tulare County Economic Development Corporation Board - May 11, 2023

10. Tulare County Association of Governments (TCAG)/ Tulare County Transportation Authority (TCTA) Board - May 15, 2023

11. Tulare County Regional Transit Authority (TCRTA) - May 15, 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 June 6, 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 – MAY 16, 2023
SUBJECT: 1. Water Conservation Phase IV Status Update - April 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 April 2023 show that ten (10) notices of violations were issued for water wasting, and no administrative citations were issued.

Water production for April 2023 reflects a nineteen percent (19%) decrease from the 5-year average. The monthly production for April was 198 million gallons, which is a thirty-nine percent (39%) decrease compared to April 2013 at 325 million gallons. Residential consumption for April 2023 was seventy-six (76) 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 April 2023. Porterville's cumulative total production conservation through April 2023 is twenty (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through April 2023. Porterville's cumulative total GPCD conservation through April 2023 is twenty-five percent (25%).

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

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a twenty-two percent (22%) decrease from April 2022 to April 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 April 2023

2. Monthly Production Status GPCD April 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 April 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 April 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
Item No. 1.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: City Council Minutes of April 14, 2023, and May 02, 2023.

SOURCE: Administrative Services
COMMENT: Staff has prepared the draft minutes for April 14, 2023, and May 02, 2023.

RECOMMENDATION: That the Council approve the draft Minutes of April 14, 2023, and May 02, 2023.

ATTACHMENTS: 1. 2023-04-14 Draft Minutes

2. 2023-05-02 Draft Minutes
Appropriated/Funded:

Review By:

Department Director:

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

MINUTES

SPECIAL CITY COUNCIL MEETING
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
APRIL 14, 2023, 11:00 AM
Call to Order at 11:00 a.m.

Roll Call: Council Member Donald Wehyrauch, Council Member Raymond Beltran, Council Member Greg Meister, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores The Pledge of Allegiance was led by Council Member Meister.

Invocation – a moment of silence was observed.

ORAL COMMUNICATIONS
None.

SCHEDULED MATTERS

1. CONSIDERATION OF LICENSE TO USE STATE MILITARY PROPERTY Recommendation: That the City Council approve the draft license to use State Military Property between the City and the California Military Department for the use of the Porterville Army National Guard Armory as a temporary evacuation point and shelter.

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

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Vice Mayor Carrillo that the City Council approve the draft license to use State Military Property between the City and the California Military Department for the use of the Porterville Army National Guard Armory as a temporary evacuation point and shelter located at 29 N. Plano Street. The motion carried unanimously.

Documentation: M.O. 01-041423
Disposition: Approved.

ADJOURNMENT
The Council adjourned at 11:55 a.m. to the meeting of April 18, 2023, at 5: 30 p.m.

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MAY 2, 2023, 5:30 PM
Call to Order at 5:30 p.m.

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

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis, Patrice Hildreth, and Yuliana Andrade. Employee Organizations:

Porterville City Firefighters Association, Management and Confidential Series, Porterville City Employees Association, and All Unrepresented Management Employees. 2 - Government Code Section 54956.95 – Liability Claim: Claimant: Josephina Garcia. Agency Claimed Against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Efrain Garcia. Agency Claimed Against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Michael McElhaney. Agency Claimed Against: City of Porterville. 5 - Government Code Section 54956.95 – Liability Claim: Claimant: Jaime Martinez. Agency Claimed Against: City of Porterville.
6 - Government Code Section 54956.95 – Liability Claim: Claimant: Daniella Swanson. Agency Claimed Against: City of Porterville.
7 - Government Code Section 54956.95 – Liability Claim: Claimant: Brandon Wilson. Agency Claimed Against: City of Porterville.
8 - 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-AWIEPG.
9 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Six (6) cases in which facts are not yet known to potential plaintiff.
10 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation: One Case.

11 - Government Code Section 54957 – Threat to public services or facilities: Consultation with Jake Castellow, Porterville EOC Incident Commander. 6:37 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION

City Attorney Lew reported action pertaining to A-2, A-3, A-4, A-5, A-6, and A-7, as follows:

A-2. On a MOTION made by Council Member Beltran, and SECONDED by Vice Mayor Carrillo the City Council unanimously denied the claim filed by Josephina Garcia.

Documentation: M.O. 01-050223
Disposition: Claim denied.

A-3. On a MOTION made by Council Member Beltran, and SECONDED by Vice Mayor Carrillo the City Council unanimously denied the claim filed by Efrain Garcia.

Documentation: M.O. 02-050223
Disposition: Claim denied.

A-4. On a MOTION made by Council Member Beltran, and SECONDED by Vice Mayor Carrillo the City Council unanimously denied the claim filed by Michael McElhaney.

Documentation: M.O. 03-050223
Disposition: Claim denied.

A-5. On a MOTION made by Council Member Meister, and SECONDED by Council Member Beltran the City Council unanimously denied the claim filed by Jaime Martinez.

Documentation: M.O. 04-050223
Disposition: Claim denied.

A-6. On a MOTION made by Council Member Weyhrauch, and SECONDED by Council Member Beltran the City Council unanimously denied the claim filed by Daniella Swanson.

Documentation: M.O. 05-050223
Disposition: Claim denied.

A-7. On a MOTION made by Council Member Meister, and SECONDED by Mayor Flores the City Council unanimously denied the claim filed by Brandon Wilson.

Documentation: M.O. 06-050223
Disposition: Claim denied.

The Pledge of Allegiance was led by Council Member Weyhrauch

Invocation – a member of the public came forward and gave an invocation.

PRESENTATIONS

Public Works Flood Fighters
Presentation of Audit for Fiscal Year 2021-2022 - Jeffrey Peek, CPA, CliftonLarsonAllen, LLP

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, spoke in favor of AB 1090 and SB 94 and provided the Council with information.
 Yolanda Bocanegra, Flag Day Committee Representative, stated that the annual Flag Day Ceremony is at risk of not being able to continue due to lack of interest, leadership, and physical and monetary donations, and requested the City’s assistance.  Josh Flowers, Strathmore, stated that he hopes Council will take a serious stance in addressing the ongoing homeless situation in the city.
 Sergio Gonzalez, Porterville, voiced concerns regarding the Santa Fe Railroad.  Kristy Martin, Porterville Chamber of Commerce, shared updates on upcoming events such the ribbon cutting for RWM Home Loans, First Friday Coffee sponsored by ITC, ribbon cutting for the Eagle Mountain Casino, Buisness After Hours at Valley Strong; and recognized City of Porterville Development Assosciate Alida Verduczo as their Ambassador of the Month.
 Gail Nuckols, Porterville, voiced concerns regarding water usage in the area of Westwood across from the casino.
 Ed McKervey, Porterville, voiced opposition to AB 1090 and SB 94, stating law and order needed to be restored in the city.
 Bob Nuckols, Portervillle, spoke of unsafe road conditions in the area of the Sports Complex.  Adonis Nuckols (via teleconference), Porterville, voiced concern with residents parking on Scranton Road along the Sports Complex.

REPORTS
I. Staff Informational Reports

1. Charitable Car Washes Quarterly Report Calendar Year 2023

2. Code Enforcement Quarterly Report FY 2022-2023 (January - March 2023)

3. Street Performance Measure Quarterly Report FY 2022-2023 (January - March 2023)

4. Building Permit Activity Quarterly Report FY 2022-2023 (January - March 2023)

5. Ohv Park Quarterly Report FY 2022-2023 (January - March 2023)

6. Golf Course Quarterly Report FY 2022-2023 (January - March 2023)

7. City Commission And Committee Attendance Quarterly Report FY 2022-2023 (January - March 2023)

8. City Council Member Appointments Attendance Quarterly Report FY 2022-23 (January - March 2023)

CONSENT CALENDAR
COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Vice Mayor Carrillo that the City Council approve Items Nos. 1-16. The motion carried unanimously.

1. CITY COUNCIL MINUTES OF NOVEMBER 15, 2022, AND APRIL 18, 2023.

Recommendation: That the Council approve the draft Minutes of November 15, 2022, and April 18, 2023.

Documentation: M.O. 07-050223
Disposition: Approved.

2. PURCHASE OF A POLICE ALL TERRAIN VEHICLE
Recommendation: That the City Council authorize staff to purchase a Polaris Ranger Crew XP1000 in the amount of $44,971.49 plus the applicable sales tax, from Polaris Government and Defense Sales.

Documentation: M.O. 08-050223
Disposition: Approved.

3. PURCHASE OF A PUBLIC SAFETY FACILITY WELLNESS DOG
Recommendation: That the City Council:

1. Approve the purchase of a new Public Safety Facility Wellness Dog and related training from Top Dog Training Center for the amount of $15,750 (plus tax), and

2. Authorize the Chief of Police to enter into an agreement with Top Dog Training Center to acquire said service dog and training.

Documentation: M.O. 09-050223
Disposition: Approved.

4. AUTHORIZATION TO PURCHASE SPECIALIZED EQUIPMENT –

ELECTRIC BLOWER BYPASS VALVE

Recommendation: That the City Council:

1. Authorize the purchase of a new electric blower bypass valve for a notto-exceed amount of $26,074 which includes taxes, shipping and a ten percent (10%) contingency from Kaeser Compressors;

2. Direct the Finance Director to initiate a Purchase Order to Kaeser Compressors for a not-to-exceed amount of $26,074 which includes taxes, freight and a ten percent (10%) contingency;

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

Documentation: M.O. 10-050223
Disposition: Approved.

5. AUTHORIZATION TO NEGOTIATE CONSULTANT AGREEMENT -

PARKS MASTER PLAN
Recommendation: That the City Council authorize staff to negotiate a scope of services and contract with QK, Inc.

Documentation: M.O. 11-0502223
Disposition: Approved.

6. ACCEPTANCE OF FINAL SUBDIVISION MAP - THE VILLAS AT SIERRA MEADOWS, PHASE 3 (SMEE HOMES, INC.)
Recommendation: That the City Council:

1. Approve the final subdivision map of The Villas at Sierra Meadows, Phase 3;

2. Accept all offers of dedication shown on the final map or by separate deed document; and

3. Authorize the City Clerk to file said map with the County Recorder.

Documentation: M.O. 12-050223
Disposition: Approved.

7. CONSIDERATION OF REFUSE ENCLOSURE & PARKING STALL

CONSTRUCTION/INSTALLATION AND USE AGREEMENT BETWEEN

CITY OF PORTERVILLE AND SEQUOIA IMAGING GROUP LLC DBA

CALIFORNIA MEDICAL IMAGING CENTER
Recommendation: That the City Council

1. Approve the Refuse Enclosure and Parking Stall
Construction/Installation and Use Agreement Between the City of Porterville and Sequoia Imaging Group LLC dba California Medical Imaging; and

2. Authorize the Mayor to sign the agreement.

Documentation: M.O. 13-050223
Disposition: Approved.

8. APPROVAL OF AIRPORT LEASE AGREEMENT - LOT NO. 8
Recommendation: That the City Council:

1. Approve the Lease Agreement for Lot No. 8 at the Porterville Municipal Airport between the City of Porterville and REACH Air Medical Services, LLC; and

2. Authorize the Mayor to sign the Lease Agreement on behalf of the City.

Documentation: M.O. 14-050223
Disposition: Approved.

9. INTENT TO SET A PUBLIC HEARING TO TRANSITION TO PHASE III OF

THE CITY'S WATER CONSERVATION PLAN
Recommendation: That the City Council direct the City Clerk to notice a Public Hearing to discuss the transition from Phase IV to Phase III of the City's Water Conservation Plan at its meeting on May 17, 2023.

Documentation: M.O. 15-050223
Disposition: Approved.

10. FINANCIAL STATUS REPORTS
Recommendation: That the City Council accept the Financial Status Reports as presented.

Documentation: M.O. 16-050223
Disposition: Approved.

11. QUARTERLY INVESTMENT PORTFOLIO
Recommendation: That the City Council accept the quarterly Investment Portfolio Summary Report.

Documentation: M.O. 17-050223
Disposition: Approved.

12. COMMUNITY CIVIC EVENT - TULARE COUNTY JUNIOR LIVESTOCK SHOW AND COMMUNITY FAIR - PORTERVILLE FAIR - MAY 17-21, 2023

Recommendation: That the City Council approve the Community Civic Event application from the Tulare County Jr. Livestock Show and Community Fair, to hold the Porterville Fair from May 17 to May 21, 2023, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 18-050223
Disposition: Approved.

13. COMMUNITY CIVIC EVENT - PORTERVILLE AREA COORDINATING COUNCIL - SPORTS CUTS BARBER BATTLE - MAY 7, 2023
Recommendation: That the City Council approve the Community Civic Event application from the Porterville Area Coordinating Council to hold the Sports Cuts Barber Battle on May 7, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 19-050223
Disposition: Approved.

14. AMENDMENT TO EMPLOYEE PAY & BENEFIT PLAN – PORTERVILLE

CITY FIREFIGHTERS ASSOCIATION
Recommendation: That the City Council approve the draft Resolution amending the Employee Pay and Benefit Plan pertaining to the Porterville City Firefighters Association employees.

Documentation: Resolution No. 19-2023
Disposition: Approved.

15. RESOLUTION APPROVING ONE-TIME FLOOD FIGHT HAZARD PAY

FOR APPLICABLE EXEMPT EMPLOYEES
Recommendation: That the City Council approve the draft resolution approving one-time flood fight hazard pay for applicable employees in Management and Confidential Series and Unrepresented Management Employees.

Documentation: Resolution No. 20-2023
Disposition: Approved.

16. 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. 20-050223
Disposition: Approved.

PUBLIC HEARINGS

17. ASSEMBLY BILL 481 - USE OF MILITARY EQUIPMENT ANNUAL REVIEW
Recommendation: That the the City Council, per the requirements of Assembly Bill 481:

1. Allow public comment and questions concerning the annual report and the funding, acquisition and use of the equipment;

2. Review and renew PPD Policy 704 – Military Equipment (Attachment 1);

3. Review the AB 481 Military Equipment Annual Report 2022 (Attachment 2); and

4. By opting not to modify or rescind, affirm Ordinance No. 1892.

City Manager Lollis introduced the item and Police Chief Jake Castellow presented the staff report.

Mayor Flores opened the Public Hearing at 7:41 p.m. and closed it at 7:42 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Vice Mayor Carrillo that the City Council renew PPD Policy 704 - Military Equipment; and reaffirmed Ordinance No. 1892. The motion carried unanimously.

Documentation: M.O. 21-050223
Disposition: Approved.

SCHEDULED MATTERS

18. CONSIDER RESOLUTIONS OF OPPOSITION TO ASSEMBLY BILL 1090 (JONES-SAWYER) AND STATE SENATE BILL 94 (CORTESE)
Recommendation: That the City Council consider Resolutions of Opposition to Assembly Bill 1090 (Jones-Sawyer) and Senate Bill 94 (Cortese).

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

Council Member Weyhrauch made a motion to continue this Scheduled Matter related AB 1090 and SB 94, to the next council meeting, to allow more time for council to gather more information before making a determination. The motion died for lack of a second.

Council Member Meister made a motion to put forward a resolution of opposition to AB 1090 and SB 94. The motion died for lack of a second.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Weyhrauch, that the City Council continue the item to the next City Council meeting.

AYES: Meister, Beltran, Weyhrauch
NOES: Carrillo, Flores
ABSTAIN: None
ABSENT: None
Documentation: M.O. 22-050223
Disposition: Consideration Continued.

19. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

EMERGENCY
Recommendation: That the City Council:

1. Receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration;

2. Provide direction on the function and hours of the Armory TEP after noon on May 5, 2023; and

3. Ratify the emergency expenditures of $77,396.67 for a trailer-mounted 6" dewatering and sewage pump, and $5,436.00 for local trucking services of riprap material for the Public Works Department.

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

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Meister that the City Council continue the Declaration of Local Emergency; transition the Armory Temporary Evacuation Point to a twelve hour shelter starting May 5, 2023 at noon, along with the removal of the on-site mobile shower and portable restroom facilities on the premises; bring back the item to the 2nd council meeting in June; and ratify the emergency expenditures of $77,396.67 for a trailer-mounted 6” dewatering and sewage pump, and $5,436.00 for local trucking services of riprap material for the Public Works Department. The motion carried unanimously.

Documentation: M.O. 23-050223
Disposition: Approved.

AB 1234 REPORTS

1. Mighty 190 Committee - April 19, 2023
Vice Mayor Carrillo stated that she had been unable to attend the meeting.

2. Tulare County Taskforce on Homelessness - April 19, 2023 Mayor Flores reported on those in attendance, approval of minutes, discussion and review of the ByLaws; and updates on Homekey, Mobile Shower Units, and local efforts to address homelessness.

3. San Joaquin Valley Special City Selection Committee - April 20, 2023 Council Member Weyrauch reported on the approval of minutes and appointments to the governing board.

4. Porterville Area Development Authority (PADA) Board - April 21, 2023 Council Member Weyhrauch reported on the approval minutes; the reorganization of the Board of Directors; action items regarding the reimbursement of eligible expenses for the Tertiary Treatment Facility and the Storm Drain Recharge Basin in the area of the new casino; and updates on the local road’s improvements and Tule River Active Transportation Plan Update.

5. Tulare County Regional Transit Agency (TCRTA) Board - April 21, 2023 Council Member Weyhrauch reported the introduction of an amended agenda, reports from the Executive Committee and Sustainability Committee; spoke of several reports related to employee recognition, grants and grant management, regional fare collection, transit operations; and the approval of minutes and a discussion regarding the professional services agreement for an Interim Director.

6. Tulare County Economic Development Corporation (TCEDC) Board - April 26, 2023 Mayor Flores reported on the approval of minutes, approval of financials, and updates on the project and client services.

7. Internal City Audit Committee - April 26, 2023 (Cancelled)

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, noted the hypocrisy surrounding AB 1090 and SB 94.

OTHER MATTERS
 Council Member Beltran lauded the Public Works Department for their efforts during the flood fight; spoke of the recent spring clean-up event; and thanked the committee volunteers for their service to the community.
 Council Member Weyhrauch lauded city staff for their contributions to the city; encouraged all employees to focus on their personal health and wellness; and spoke of a recent event where a staff member had deescalated a situation.
 Council Member Meister thanked staff for their hard work; and spoke of how certain policies directly impacted the city.

 Vice Mayor Carrillo thanked the flood fighters for their efforts; stressed the importance of mental health and wellness for the departments; stated she is looking forward to the Casino Grand Opening; and acknowledged Mayor Flores for her experience and attendance to the various committees and events.
 Mayor Flores spoke of her attendance to the Imagine Arts ribbon cutting, the Memorial Quilt Unveiling in Visalia, CA, the Arbor Day Celebration, and the Leadership Porterville Fundraising Event. Mayor Flores also spoke of several upcoming events such as the Commission Pageant, a Zeronox event, the Cinco De Mayo Parade, and a trip to Washington D.C.
 City Manager Lollis spoke of Administrative Professionals Day and said he appreciates staff for all that they do; invited the Council to an upcoming staff luncheon; and spoke of City Attorney Julia Lew’s upcoming birthday.

CLOSED SESSION
None.

ADJOURNMENT –
The Council adjourned at 9:29 p.m. to the meeting of May 16, 2023, at 5:30 p.m.

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

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Purchase of Personal Protective Equipment
SOURCE: Fire
COMMENT: The Porterville Fire Department is currently in the process of hiring one new Fire Captain to fill a vacancy at that rank within the Department. This firefighter is new to the City and has not been issued Personal Protective Equipment (PPE).

Pursuant to National Fire Protection Association (NFPA) Guidelines, each firefighter responsible for responding to structure fires is required to have two custom fitted sets of Personal Protective Equipment (PPE) for structure fires.

The Department has a standard uniform PPE specification, based on the Globe Custom turnout. Curtis is the only supplier that distributes Globe Customs in this area, and has provided a quote to provide two sets for a cost including tax of $7,249.83, as well as a ten percent (10%) contingency for a total price not to exceed 7,974.81. The Department must have this equipment in hand before the firefighter can be onboard. Funds are available for this purchase in the Fire Department's General Fund budget.

RECOMMENDATION: That the City Council approve the purchase of two sets of turnouts from Curtis at a cost of $7,249.83, with an added ten percent (10%) contingency of $724.98, for the total purchase to not exceed $7,974.81
ATTACHMENTS: 1. Curtis Quote
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 3.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Authorization to Advertise for Bids - Main Street Reconstruction Project (Putnam Avenue to Morton Avenue)
SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Main Street Reconstruction Project between Putnam Avenue and Morton Avenue. The project will consist of the removal and replacement of the existing asphalt and base and the 6" cast iron water main. The project also includes the installation of new barrier curb and gutter, detectable warnings, conduit for fiber optic line, and installing video detection at the intersection of Main Street and Putnam Avenue and Main Street and Morton Avenue. Purple pipe will be installed along the stretch of road in order to prepare for the future use of reclaimed water throughout the City.

The Engineer's Estimate of Probable Cost for the project is $1,661,187.23. An additional $166,118 is necessary for construction contingency (10%) and $166,118 is required for construction management, surveying, quality control and inspection services (10%), equating to a total construction cost of $1,993,423.23.

Funding for this project is provided from Road Maintenance Rehabilitation Account (SB1/Special Gas Tax Funds) in the amount of $1,548,748. Up to an additional $1,000,000 in Local Transportation Funds is available as approved in the 2022/2023 Fiscal Year Budget making this a fully funded project.

RECOMMENDATION: That the City Council:

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

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

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

ATTACHMENTS: 1. Locator Map

2. Engineer's Estimate
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Item No. 3.

Final Approver: Patrice Hildreth, Deputy City Manager
N

TULARE N
180
245
63 198
137
190
99 43
65 190
190
137
198
Know what'sbelow. Callbefore you dig. R

W THURMAN AVEN MAIN ST

E HARRISON AVE

E MORTON AVE

E PUTNAM AVE
E CLEVELAND AVE N 2ND ST N 3RD ST N 4TH ST N HOCKETT ST N N D ST Ó L:\Projects\2019\190121\ACAD\Improvements\ST\190121-CV-PHASE ONE.dwg, 5/5/2023 5:18:54 PM, Client Submittal, Plotted by MAG PREPARED BY: MARCO GONZALEZ
Date: 5/5/2023
ITEM
NO. DESCRIPTION QTY UNIT PRICE AMOUNT
1 Mobilization & Demobilization 1 L.S. $96,100.00 $96,100.00 2 Prepare and Maintain Traffic Control Plan 1 L.S. $20,000.00 $20,000.00 3 Demolition & Excavation 1 L.S. $50,000.00 $50,000.00
4 Remove Existing Traffic Loop Detectors 12 EA $400.00 $4,800.00 5 Perform Utility Potholing 1 LS $10,000.00 $10,000.00
6 Remove Existing 6" Cast Iron Water line 1 LS $2,500.00 $2,500.00 7 Construct City Std. Barrier Curb & Gutter 1226 LF $55.00 $67,430.00 8 Construct City Std. Barrier Curb 870 LF $45.00 $39,150.00 9 Protect and Reconstruct Decorative City Catch Basin to Grade
12 EA $2,500.00 $30,000.00
10 Furnish and Install Detectable Warning Surface 681 SF $50.00 $34,050.00 11 Furnish and Install Banner Poles 2 EA $15,000.00 $30,000.00 12 Sheeting & Shoring 1 LS $15,000.00 $15,000.00
13 Furnish and Install 4" PVC Conduit 1402 LF $100.00 $140,200.00 14 Furnish and Install Utility Box and Sweeps 9 EA $1,200.00 $10,800.00 15 Furnish and Install 12" PVC C900 Purple Pipe 871 LF $200.00 $174,200.00 16 Furnish and Install 12" Gate Valve 2 EA $6,000.00 $12,000.00 17 Furnish and Install 12" Cap Assembly 2 EA $2,500.00 $5,000.00 18 Furnish and Install 2" City Std Irrigation Water Service 1 EA $5,000.00 $5,000.00 19 Bore 4" Conduit at Decorative Crosswalk 8 EA $500.00 $4,000.00 20 Decorative Paver Crosswalk Replacement 7 EA $2,500.00 $17,500.00 21 Signing, Striping, and Pavement Markings 1 LS $15,000.00 $15,000.00 22 Trench Pavement Restoration 400 SF $10.00 $4,000.00
23 Intersection Pavement Cold Planing (1.5" depth) 8659 SF $0.50 $4,329.50 24 Full Width Pavement Cold Planing (4.5" min. depth) 53709 SF $1.60 $85,934.40 25 Furnish and Place Hot Mix Asphalt Overlay 1710 TON $100.00 $171,000.00 26 Furnish and Place 10" Plug Pavement Patch at New
Concrete
2096 SF $5.00 $10,480.00
27 Furnish and Install Paving Mat 4,500 SY $15.00 $67,493.33 28 Adjust Water Valve to Grade 4 EA $800.00 $3,200.00
29 Adjust Manhole Frame and Cover to Grade 0 EA $1,500.00 $0.00 30 Signing, Striping, and Pavement Markings 1 LS $20,000.00 $20,000.00 31 Furnish and Install Video Detetction Cameras and
Appurtenances (Putnam & Main, Morton & Main)
2 EA $175,000.00 $350,000.00
32 Reconstruct Existing Survey Monuments 5 EA $2,200.00 $11,000.00 $1,510,167.23
$151,020.00
$1,661,187.23
Subtotal:
10% Contingencies:

Total:
100% Submittal

PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COSTS
Job # 190121 PHASE 1
LOCATION: PORTERVILLE BRANCH
CLIENT/PROJECT: CITY OF PORTERVILLE/ MAIN STREET IMPROVEMENTS PROJECT

ENGINEERING PLANNING LAND SURVEYING GIS/GPS ENVIRONMENTAL SCIENCES 901 E. Main Street, P.O. Box 3699 Visalia, CA 93278 (559)733-0440 Fax (559) 733-7821 Item No. 4.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Authorization to Distribute Request for Qualifications - Emergency Operations Center & Public Safety Headquarters
SOURCE: Engineering and Project Management
COMMENT: The City is proposing the development of an Emergency Operation Center (EOC) & Public Safety Headquarters at 41 W Thurman Avenue; the former site of the City's library. The EOC & Public Safety Headquarters will serve as the critical coordination hub during emergency incidents and a centralized location for emergency response and recovery operations in Porterville and the greater southeastern Tulare County Area. The location's proximity to Fire Station 71 and the Porterville Police Department makes it ideal to function as a public safety administrative building as well. The design will also incorporate a memorial area to honor Fire Captain Ramon "Ray" Figueroa and Firefighter Patrick Jones, who both tragically lost their lives during the catastrophic Library fire on February 18, 2020.

With these concepts in place, staff proceeded with the preparation of a draft Request for Qualifications for design services for this project. The architectural and engineering firms interested in the project shall submit a statement of qualifications that will be reviewed and rated by a selection panel. The highest ranking firms, typically two to three firms, may be asked to participate in an interview panel and ranked again.

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

In July of 2022, the City received notification that an appropriation in the amount of $10 million dollars in State funding was approved as part of the California Assembly Bill 178, the Budge Act of 2022, for the development of this project.

RECOMMENDATION: That the City Council authorize staff to distribute Design Services Request for Qualifications for the Emergency Operations Center & Public Safety Headquarters.

Item No. 4.

ATTACHMENTS: 1. Draft Request for Qualifications

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

REQUEST FOR QUALIFICATIONS
Design Services – Emergency Operations Center (EOC) & Public Safety Headquarters
May 2023
PREPARED BY:

ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
on behalf of the Fire & Police Departments
May 2023
I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) from qualified architectural and/or engineering firms for the purpose of developing plans and specifications for an Emergency Operations Center (EOC) & Public Safety Headquarters to be located at 41 W Thurman Avenue; the former site of the City’s library.

The City endeavors to design and construct a EOC & Public Safety Headquarters that will serve as the critical coordination hub during emergency incidents and a centralized location for emergency response and recovery operations in Porterville and the greater southeastern Tulare County area. The building will also serve as the public safety administrative building with the location’s proximity to Fire Station 71 and the Porterville Police Department and should incorporate a traffic management system or be traffic management system capable.

The design will also incorporate a memorial area to honor Fire Captain Ramon “Ray” Figueroa and Firefighter Patrick Jones who both tragically lost their lives during the catastrophic Library fire on February 18, 2020. The City wishes to receive full construction documents within 9-12 months of contractual agreement.

This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services to complete all necessary and required materials and equipment to meet all applicable Federal, State and Local codes. The completed project must be complete and usable and in compliance with all Federal, State and Local codes and regulations regarding Emergency Operation Centers.

II EXAMINATION OF SOQ DOCUMENTS:

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

III ADDENDA/CLARIFICATIONS:

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

IV SOQ REQUIREMENTS:

SOQs for this project will be accepted at this office until 4:00 p.m., on Wednesday, June 21, 2023. Three (3) copies of the SOQ shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for Emergency Operations Center.” Cost proposals shall not be submitted until requested by the CITY. SOQs shall be addressed to:

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

V PRE-CONTRACTUAL EXPENSES:

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

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

VI EXCEPTIONS/DEVIATIONS:

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

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

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

VIII LOCAL AGENCY REPRESENTATIVE:

Sarah Weaver, Project Manager, shall be the Contract Administrator and contact person for all communications with CITY.

IX INSURANCE REQUIREMENTS:

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

X INDEMNIFICATION:

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

XI SUBCONTRACTING:

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

XII FEDERAL, STATE, AND LOCAL LAWS:

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

XIII SOQ EVALUATION CRITERIA:

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

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

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

XIV CONSULTANT SELECTION AND INTERVIEWS:

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

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

Interviews are tentatively scheduled for July 10, 2023. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

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

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANT shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's SOQ and cost proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a SOQ (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANT is expected to be presented at the City Council meeting scheduled for Tuesday, July 18, 2023. Issuance of this RFQ and receipt of SOQs does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all SOQs received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.

XVII COMPENSATION:

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

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

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

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

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

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

XIX SOQ FORMAT AND CONTENT:

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

A. Firm Experience:

1. A brief list of similar projects completed in the last ten (10) years, indicate the specific relationship if other than principal and each firm's responsibilities.

Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

Particular attention should be paid to past projects that prove experience in Design of Emergency Operations Centers, Police or Fire Facilities as well as other similar facilities.

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

B. Consultant Team:

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

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

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

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

C. SOQ Format:

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

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

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR DESIGN SERVICES FOR EMERGENCY OPERATIONS

CENTER (EOC) & PUBLIC SAFETY HEADQUARTERS
The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) from qualified architectural and/or engineering firms for the purpose of developing plans and specifications for an Emergency Operations Center (EOC) & Public Safety Headquarters to be located at 41 W Thurman Avenue; the former site of the City’s library.

This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services. to complete all necessary and required material and equipment to meet all applicable Federal, State and Local codes (including codes and regulations regarding Emergency Operation Centers).

SCOPE OF DESIGN SERVICES:

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

1. Meet with City staff to ascertain the full scope of design work and determine the level and amount of information and drawings available to the consultant to assist in the preparation of the formal “scope of service”. Said scope shall be prepared and transmitted to the City for review and concurrence. The consultant shall include their “fee” for all work described in the scope of services and, if acceptable to the City, the scope of services and associated fee shall form the basis for the Consulting Services agreement. A brief description of some of the work needed is listed below. a. Final design plans and specifications for the development of an EOC & Public Safety Administration Building.
i. The plans and specifications must meet all Federal, State and Local codes (including codes and regulations regarding Emergency Operation Centers). ii. Boundary and topography survey to establish property corners and design grades. Prepare legal descriptions and plat maps.
iii. Plans and specifications shall be complete and Code compliant (construction ready) for all aspects of the project deliverablesincluding but not limit to landscape & irrigation, foundation, plumbing, building structure, internal & external concrete/asphalt improvements and amenity improvements, etc.

2. Field Surveys necessary for the establishment of property corners including descriptions and recording of said property corner establishment. Topography survey as needed to properly establish open space grades, building foundation, and floor elevations cognizant of the surrounding topography. Said topography survey shall be provided in such detail that the information will be used to establish landscape, hardscape and irrigation systems.

3. Compile background data necessary and perform services required to prepare conceptual, preliminary and final plans, specifications, contract documents, special provisions, and special details needed for a complete and thorough project.

4. Prepare an Engineer’s Estimate of Probable Cost Report.

5. Provide clarifications and answer questions as needed during the construction bid process.

6. Coordinate early consultation and ongoing meetings with City staff and staff at other agencies.

7. Prepare the “Drawings of Record” and furnish the City with a digital set for the record.

8. Provide other consulting services as available through the selected firm.

DESIRABLE QUALIFICATIONS OF THE CONSULTANT:

The City is seeking a qualified consultant to provide plans, specifications, and related documentation for an EOC & Public Safety Headquarters. The desired consultant shall have the following qualifications:

1. Experience in design and construction support of similar facilities or other experience relevant to this type of project.

2. The Consultant’s proven ability to expeditiously and accurately produce the required product in a concise and useable format.

3. The “design team” should be comprised of professionals with the requisite design expertise to prepare complete “construction ready” plans, specifications, shop drawing review, and construction assistance.

4. The “design team” should include the proper mix of professionals (architectural, engineering, landscape, fire sprinkler, cost estimation, etc.).

LOCAL AGENGY RESPONSIBILITIES:

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

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

The CITY’s Contract Administrator shall be responsible for the following:
o Serve as the CITY’s primary contact person for the CONSULTANT o Monitor the CONSULTANT’s progress and provide direction o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the CONSULTANT’s progress payments
o Identify other CITY personnel for CONSULTANT to contact, if needed All records and documentation produced by the CONSULTANT become property of the CITY.

CONSULTANT SELECTION RATING FORM
Project Name: Date:

Project Number:

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

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

RANKING:

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

SERVICE AGREEMENT
DATE:

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

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

Project Name:

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

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

SECTION 1. CONTRACT SERVICES:

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

SECTION 2. PAYMENT:

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

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

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

SECTION 3. COMPLETION DATE:

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

SECTION 4. FAMILIARITY WITH PROJECT:

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

SECTION 5. INDEPENDENT CONTRACTOR:

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

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than 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 and assigns, against all claims arising from the negligence of CONSULTANT and any Service Agreement

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

SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

Service Agreement

SECTION 11. ENTIRE CONTRACT:

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

SECTION 12. DISPUTES; VENUE:

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

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

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

CITY OF PORTERVILLE CONSULTANT
By By
Date Date

PROPOSED SITE

PORTERVILLE CITY HALL

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROPOSED EOC PROJECT

E MORTON AVE

W HARRISON AVE

E THURMAN AVE

W CLEVELAND AVE

E OLIVE AVE

N MAIN ST

N HOCKETT ST
Item No. 5.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Authorization to Award Freedom Fest Fireworks Contract SOURCE: Parks and Leisure Services
COMMENT: The inaugural Freedom Fest community event took place in 2011 in partnership between the City and the Tule River Tribe, with each party contributing $15,000 in seed money in support of the event. Freedom Fest has grown to an estimated annual attendance of approximately 12,000. Event activities include music, family entertainment, Porterville Fire Department spray zone, food, craft and information booths, and culminating in a fireworks show. In 2013, the City Council contributed $10,000 and the Tribal Council $7,500 to assist with the continuation of the event and to help in meeting the increased expenditure costs as the event expanded. Now approaching its twelfth year, staff is requesting that Council approve the expenditure of $25,000 to Zambelli Fireworks for the fireworks show portion of the 2023 Freedom Fest. Council's approval will allow staff to issue a purchase order to secure its services. A fifty percent (50%) deposit of $12,500 is required to execute the contract for services with the remaining balance due three days after the fireworks display. The expenditure will come from the Freedom Fest account out of the General Fund, from which there is currently a balance of $20,267. It is further recommended that with regard to indemnification, the vendor be required to add the City as an additional insured to their liability coverage.

Additional fireworks vendors submitted proposals that were not comparable to the proposed display. The fireworks vendor from last year’s event, Fireworks & Stage FX America, proposed the same display from 2022 with an increased cost of $10,000 for a total fee of $35,000. A third vendor, Pyro Spectaculars, did not produce a quote that was comparable to the total number of shots/ shells in the proposed display. Garden State Fireworks did not have an available pyrotechnic operator in California on the day of the event, and Expo Shows did not respond to a request for a proposal.

RECOMMENDATION: That the City Council authorize progress payments up to one hundred percent (100%) of the contract amount of $25,000 to Zambelli Fireworks, as well as the contract provisions subject to the City Attorney's approval, including requiring the vendor to add the City of Porterville on to its liability coverage as an additional insured.

ATTACHMENTS: 1. Zambelli Fireworks Proposal

2. Fireworks & Stage FX America Proposal
Item No. 5.

3. Pyro Spectaculars Proposal
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
2023 Porterville Freedom Fest
Fireworks Celebration

Zambelli Fireworks
John Hagan
800-322-7142
502-220-7944
[email protected]
Shafter, CA

FIREWORKS PROPOSAL
Porterville Freedom Fest
2023 Fireworks Celebration
Show Date: Saturday July 1, 2023
Show Budget Options: $25,000 - 20-minute display.

Insurance Liability Coverage: $10 Million dollars per incident clause to cover the Fireworks Display. Zambelli uses the highest insurance premium in the industry, only offered to “AAA” rated companies.

State, Local and Federal Permits: Zambelli Fireworks will secure all necessary state, local and federal permits / required licenses.

Transportation Liability Coverage: $5 Million dollars as required by United States Department of Transportation. (DOT)
Workers Compensation: Pyrotechnicians will meet all of the requirements of the Workers Compensation Laws of California.

Site Security and Fire Protection: Customer will assist in providing site security and make arrangements with the Authorities Having Jurisdiction.

Transportation: Fireworks and equipment will be delivered by qualified CDL drivers with Haz-Mat endorsed licenses as required by US DOT.

Personnel: Zambelli Certified Pyrotechnicians and Trained Assistants; no subcontractors used.

Safety Procedures: Zambelli Fireworks adheres to all safety regulations.

NFPA 1123 code will be strictly enforced.
2023 Porterville Freedom Fest

SYNOPSIS FOR A TWENTY MINUTE DISPLAY
=================================================================

DEVICE DESCRIPTION QUANTITY
=================================================================

ZAMBELLI MULTI SHOT DEVICES (CAKES)
QUANTITY TWO EACH:
35 Shot Rainbow Dahlias w/Assorted Colored Tails 70
35 Shot Variegated Moons w/Titanium Reports and Tail 70 35 Shot Gold Brocade Waterfalls w/Gold Tails 70
35 Shot Green and Purple Moon Fan Box w/Green Tail 70
35 Shot Rainbow Crossettes w/Assorted Color Tails Fan Box 70 35 Shot Dragon Egg Color Pearl W/ Color Tails Fan Box 70 QUANTITY TWO EACH:
36 Shot Super Brocade w/Gold Tails Fan Box 72
36 Shot Rainbow Crossettes w/Assorted Color Tails Fan Box 72 36 Shot Variegated Chrysanthemum w/Palm and Silver Tails Fan Box 72 36 Shot Thunder Tourbillions w/Red and Blue Mines Fan Box 72 36 Shot Gold Brocade Waterfalls w/Gold Tails Fan Box 72 36 Shot Colorful Falling Leaves 72
QUANTITY TWO EACH:
100 Shot Variegated Chrysanthemum w/Palm and Silver Tails 200 100 Shot Red Crackling and Green Glittering w/Purple Mines 200 100 Shot Silver Crackling Flowers w/Silver Tails 200
QUANTITY TWO EACH:
400 Shot V-shaped Repeater W/Palm and Silver Tails 800
400 Shot V-shaped Repeater W/Comets and Reports 800
408 Z Shaped Colorful Pearl Zipper 816
136 Shot W-Shaped Brocade Crown 272
TOTAL NUMBER OF MULTI EFFECT SHOTS 3,340

TWO AND A HALF INCH DIAMETER SHELLS
Two and Half Inch Zambelli Specialty Shells 100
Two- and Half-Inch Palm Shells 100
Two- and Half-Inch Tourbillion Shells 100
Two- and Half-Inch Dahlia Shells 100
Two- and Half-Inch Chrysanthemum Shells 100
Two- and Half-Inch Serpent Effect Shells 100
TOTAL NUMBER OF TWO AND HALF INCH DIAMETER SHELLS BODY 600

THREE INCH DIAMETER SHELLS
Three Inch Zambelli Specialty Shells 50
Three Inch Palm Shells 50
Three Inch Tourbillion Shells 50
Three Inch Dahlia Shells 50
Three Inch Chrysanthemum Shells 50
Three Inch Serpent Effect Shells 50
TOTAL NUMBER OF THREE INCH DIAMETER SHELLS BODY 300

FOUR INCH DIAMETER SHELLS
Four Inch Zambelli Specialty Shells 30
Four Inch Palm Shells 30
Four Inch Tourbillion Shells 30
Four Inch Dahlia Shells 30
Four Inch Chrysanthemum Shells 30
Four Inch Serpent Effect Shells 30
TOTAL NUMBER OF FOUR INCH DIAMETER SHELLS BODY 186

ZAMBELLI GRAND FINALE
Two- and Half-Inch Assorted Color Finale Display Shells 150 Three Inch Titanium Salute Report Shells 150
Four Inch Assorted Color Finale Display Shells 36
TOTAL NUMBER OF GRAND FINALE SHELLS 336
TOTAL NUMBER OF SHOTS/ SHELLS IN THE DISPLAY 5,562
SAMPLE
City of Porterville
Presents
Celebrate Freedom
A Fireworks Extravaganza
July 1st, 2023
Produced by
"The Difference is Quality"
City of Porterville
Celebrate Freedom
July 1st, 2023
Announcement Barrage Bombardments
Program A Program A
Aerial Titanium Flash Salutes Multiple Shot Barrages: provide 3" 30 fabric and texture to your display
keeping an excellent and exciting
Color & Multi-Color Finale Shells pace. Our high-powered devices

2.5" 30 provide an exciting ground-to-sky
pyrotechic tableau:

Aerial Show Presentation Total Shots 5250
Color & Multi-Color Aerial Shells
3" 50 Aerial Grand Finale
4" 50
Color & Multi-Color Finale Shells
Flitter, Glitter, Electric Color & 2.5" 150
Color Changing Shells 3" 100
3" 40 4" 32
4" 40
Aerial Titanium Flash Salutes
Distinctive & Unique Aerial Shells 2.5" 50
3" 30
4" 30
Grand Totals
Streaking Comets & Tiger Tails
3" 10 Aerial Shell Counts

2.5" 230
Premium Aerial Shells 3" 290
3" 30 4" 182
4" 30
Units of Fire (from Bombardments)
5250
Total Shots 5952
Program Price
Total Program Price Inclusive of
Insurance, Operator and
Transportation
Cost $35,000
Fireworks America Products
"The Difference Is Quality"
Fireworks America has sought to affiliate itself with world renown-award winning manufacturers, both foreign and domestic. In every show you will find only the highest quality of products, designs, and variety which will far surpass those of our competitors.

Product Definitions Are:

Standard: Aerial Shells include: One color products and multiple colored products such as Chrysanthemums, Peonies, Hearts, Rings, Red, Green, Blue, Yellow, Purple, Orange, Variegated, etc. Our variety is unmatched and as such we can guarantee over 40 varieties in this category.

Compare to our competitors "Color", "Fancy", some "Extra Fancy", "Standard" or "Japanese Style Deluxe" Shells.

Classic: Aerial Shells include: Flitter, Glitter, Electric Color, Color Changing Transformation, Penny Glitter, Glitter & Color, Magnesium Red Electric, Red to Blue, Comets, etc.

Our variety is unmatched and as such we can guarantee over 50 varieties in this category.

Compare to our competitors "Extra Fancy", "Floral", "Classic" or "Japanese Style Super Effect" Shells
Select: Aerial Shells include: Distinctive and Unique Aerial Shells such as Spiders, Multiple Reports, Strobes, Multiple Effect Shells, Domestic Glittering Comets, Double Hearts, Crackling Effects, Double Ring Shells, Saturn Shells, Tourbillion Shells, Waterfalls, Special Pattern Shells, Weeping Willow Shells, Shell of Shells, Coconut Palms, and Serpentine Shells, etc..

Compare to our competitors "Special" or "Japanese Style Special Effect" Shells.

Premium: Aerial Shells include: Crossettes, Serpents, Whistles, Whistles and Reports, Serpents and Strobes, Fish and Whistles, Tourbillions to Reports, Thunder and Rainbow, Serpents and Stars, Nishiki Kamuros, and many other American Made Specialty Shells.

Our competitors cannot compare with our Domestically-Made Superstars.

Comets Bombardments Vivid Colors
City of Porterville
Show Concept, Services List,
and Miscellaneous Details
Services List:

Fireworks America to Provide:
1) Permit Filings as Required 1) A Suitable Firing Site 2) Storage and Delivery of fireworks 2) Adequate Security for Firing Site 3) All Equipment to produce the display 3) Permit Fees
4) Insurance Aggregate amount of 4) Standby Firefighter Fees, if req'd $10,000,000 (Combined Single Limits) 5) Sound System and Playback 5) Worker's Compensation Insurance 6) Adequate Permit Time as (Statute) listed below.

Minimum Time Required
Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the minimum permit times.

Land Based Shows based require a minimum of 30 days to permit based on Local and State Ordinance, FAA and other requirements.

Please plan your show accordingly.

Operators and Assistants:

Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance.

Payment Terms:

Method of Discharge:

The show will be fired Manually / Hand Fired.

City of Porterville to Provide:
50% deposit is due on Contract Execution, Balance Net 10 days after display.

Item No. 6.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Authorization to Apply and Receive Financing for the Consolidation of Del Oro Water Company
SOURCE: Public Works
COMMENT: The City provides public water services both to the City's residents (within City limits) and community residents outside City limits. As a result of local water quality impacts, the State Water Resources Control Board (Water Board) has sought out and encouraged the consolidation of surrounding private water systems. In this regard, the City has been in active communications to support consolidating two Del Oro Community Water Systems.

Del Oro was awarded a Funding Agreement to support these actions in January 2015, to address the water quality and quantity issues faced by the Grandview Gardens District and Del Oro East Plano water systems. The Planning Grant will develop the design, environmental, and legal documents necessary to consolidate with the City's water system.

The Grandview Gardens system is bounded by W. Merill Avenue on the north, N. Westside Street on the west, N. Douglas Street on the east, and W. North Grand Avenue on the south. The Del Oro East Plano system is located east of S.

Plano Street, and south of E. Worth Avenue, identified as Paul Street. The area served by the water company encompasses roughly ninety-nine (99) parcels within the water company service boundary.

Grandview Garden was annexed into the City on April 7, 2015, by Resolution No. 38-2015. Provisions for efficiently providing government services in a manner consistent with the City's Annexation and Municipal Services Objectives, Policies, and Procedures are detailed in Resolutions No. 74-2014 and 75-2014. The East Plano Water System on Paul Street is not within City Limits. However, it is located within the City's Urban Development Boundary (UDB) and will require Annexation or Extraterritorial Service Agreement to Serve.

The Water Board has acknowledged the following steps to respond in the consolidation process necessary to enter into a Funding Agreement with the City to bridge the gap from planning to construction to City Standards with the City as the lead agency. City staff has tentatively coordinated discussions of what a funding application would consist of; the funding for the planning review, design review, and construction of improvements to the water supply facilities of the City necessary to meet water quality requirements and system demands. The proposed improvements include new distribution mains to Item No. 6.
provide water service to each customer served by the Del Oro Water Company, water meters, and fire hydrants. Pending the City Council's approval and authorization to proceed, Water Boards has provided a Preliminary Funding Award Notification for the Project for $8,123,000.

After receiving a Preliminary Funding letter from the Water Board, a Resolution authorizing the application for a funding agreement and identifying the City's authorized representative by title is required. The funding agreement will also require a Resolution certifying that its decision-making body reviewed and considered an environmental determination to be completed by the City after the Funding Agreement has been issued for the Water Supply Project.

The staff recommendation is that the Council receive the Preliminary Funding Award Notification Letter for the City of Porterville, Grandview Gardens, and East Plano Consolidation with the City under the Expedited Drinking Water Grant Funding Program for improvements, including distribution mains to provide water service to each customer served by the Del Oro Water Company, water meters, and fire hydrants, with the completion of the identified Resolution, authorizing the Mayor or designee, the Public Works Director, to apply for and receive financing from the California State Water Resources Control Board for Planing, Design, and Construction of the Grandview Gardens and East Plano consolidation with the Porterville Project.

RECOMMENDATION: That the City Council:

1. Approve the Preliminary Funding Award Notification Letter with the State Water Resources Control Board to consolidate the Del Oro Water Systems; Grandview Gardens, and East Plano (Paul Street), onto the City’s water distribution system;

2. Adopt the draft Resolution authorizing the Mayor or Designee, the Public Works Director, to apply for and receive financing from the California State Water Resources Control Board for the planning, design, and construction of the Del Oro Systems; Grandview Gardens and East Plano Water Consolidation Project;

3. Direct the City Attorney as General Counsel to provide a legal opinion letter in regards to the proposed project once a funding agreement is received; and

4. Authorize the Mayor or Designee, the Public Works Director, to execute the funding agreement with the State Water Resources Control Board and any other necessary documents to effect the transaction.

ATTACHMENTS: 1. Draft Resolution

2. Preliminary Funding Award Notification

3. Resolution No. 38-2015

4. Resolution No. 74-2014

5. Resolution No. 75-2014

6. Location Map
Item No. 6.

Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. ____-2023

A RESOLUTION OF THE COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE PORTERVILLE CITY MAYOR OR DESIGNEE TO APPLY FOR

AND RECEIVE FINANCING FROM THE CALIFORNIA STATE WATER

RESOURCES CONTROL BOARD FOR THE PLANNING, DESIGN AND

CONSTRUCTION OF THE GRANDVIEW GARDENS AND EAST PLANO

CONSOLIDATION WITH PORTERVILLE PROJECT
WHEREAS, the City of Porterville provides public water services to the City of Porterville (City); and
WHEREAS, the State Water Resources Control Board (State Water Board) encouraged the Del Oro Water Company to consolidate its Grandview Gardens and East Plano water systems with the City; and
WHEREAS, the proposed improvements include distribution mains, meters, and fire hydrants to provide water service to each customer served by Del Oro Water Company’s Grandview Gardens and Del Oro Water Company’s East Plano water systems.

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

SECTION 1: The City’s Public Works Director (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Grandview Gardens and East Plano Consolidation with Porterville Project (the “Project”).

SECTION 2: This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

SECTION 3: The Authorized Representative, or his/her designee, is designated to represent the City in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.

Resolution No. ___-2023

PASSED, APPROVED AND ADOPTED this 16th of May, 2023.
_________________________________
Martha A. Flores, Mayor
Attest:

John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk
State Water Resources Control Board
May 8, 2023
Michael Knight
Public Works Director
City of Porterville
291 North Main Street
Porterville, CA 93257
PRELIMINARY FUNDING AWARD NOTIFICATION; CITY OF PORTERVILLE;

GRANDVIEW GARDENS AND EAST PLANO CONSOLIDATION WITH PORTERVILLE PROJECT (PROJECT); EXPEDITED DRINKING WATER GRANT (EDWG) FUNDING PROGRAM– ROUND 1; PROJECT NO. EDWG-5410010-019C
Dear Mr. Knight:

Your request for funding from the Division of Financial Assistance (Division) for the Project has been given preliminary approval. The Project has been reviewed by Division staff and determined to be eligible for funding per the EDWG Program Guidelines (EDWG Guidelines), as adopted by the State Water Board on March 8, 2023.

Therefore, the Division has transferred the application to the EDWG Program. Funding is contingent upon submittal of the requested information and the development and execution of a grant agreement. The purpose of this funding is to replace the water distribution systems in Del Oro Grandview Gardens District and Del Oro East Plano District, and to consolidate these water systems into the City of Porterville. The Project has an overall cost estimate of approximately $8,123,000.

Pete Stamas has been assigned as the Project Manager for this Project. You will be contacted by your assigned Project Manager to ensure that all conditions and requirements are addressed prior to execution of the grant agreement. We encourage your prompt response to any requests from our staff because unreasonable delays or failure to respond could result in withdrawal of this preliminary funding award.

The Division understands the importance of the Project and wants to ensure its successful and timely completion. To proceed with the process of developing a grant agreement, please provide the following documents within thirty (30) calendar days of this letter:
• Adopted Authorized Representative Resolution (applicants are encouraged to provide a draft resolution in accordance with the template prior to adoption to ensure it is acceptable)
Mr. Knight - 2 -
• Draft Technical, Managerial, and Financial (TMF) Assessment Form • Environmental Application Package for the EDWG Funding Program (if the California Environmental Quality Act [CEQA] process is complete) or the CEQA Planning Exemption Certification Form (if the CEQA process is not yet complete) • Scope of Work
• Self-Certification Form
• Other information or documentation requested by the Project Manager Additional information and forms are available on the EDWG Program Page. The City of Porterville must provide the requested documents within thirty (30) calendar days following the date of this letter. Failure to provide the requested documents within this timeframe may jeopardize funding under the current round or result in removal from the EDWG Program.

Once the aforementioned documents are received in a form satisfactory to the Division, a grant agreement will be prepared for the Project. No reimbursement of eligible projectrelated costs will be issued until the grant agreement is executed, subject to the terms and conditions of the grant agreement.

The grant agreement will require that certain conditions be met prior to proceeding with bid solicitation and construction activities. Proceeding with the bid solicitation and/or construction prior to receiving authorization from the Project Manager may jeopardize funding for the Project. Any costs incurred are at your own risk until the grant agreement is executed and the Division has provided necessary approvals to proceed.

The provision of a grant agreement is contingent upon your timely submission of the documents listed above and on the Division’s approval upon completion of review.

We look forward to working with you on this Project. Please contact the assigned Project Manager, Pete Stamas, with any questions at (916) 552-9983 or [email protected].

Sincerely,
Meghan Tosney, Assistant Deputy Director
Division of Financial Assistance
cc: See next page
Mr. Knight - 3 -
cc Adam Forbes
Visalia District Engineer
Division of Drinking Water
Robert Fortino
Corporate Executive Officer
Del Oro Water Company
Eli McFarland
Water Resource Control Engineer
Division of Drinking Water
Reyna Rodriguez
Water Resource Control Engineer
Division of Drinking Water

AnnexaƟon 474
Del Oro Project Area
Grandview Gardens
Del Oro Water Company
Water ConsolidaƟon Project Area
LocaƟon Map
Del Oro Project Area
East Plano “Paul Street”
Item No. 7.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Approval of State Senate Bill 1 (SB1) Project List for Fiscal Year 2023-2024 SOURCE: Engineering and Project Management
COMMENT: In April 2017, the State Legislature passed and then Governor Brown signed Senate Bill 1 (SB1), which was enacted to address basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and roads system.

The legislation created funding in the Road Maintenance and Rehabilitation Account (RMRA), which will be made available for local streets and roads projects prioritized for expenditures on basic road maintenance and rehabilitation projects. RMRA funding must be used for projects "that include, but are not limited to," the following:
a. Road maintenance and rehabilitation
b. Safety projects
c. Railroad grade separations
d. Traffic control devices
e. Complete streets components, including "active transportation purposes, pedestrian bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project RMRA funds may also be used to satisfy match requirements in order to obtain State or Federal funds for eligible projects.

Local agencies are required to submit a yearly project list to the California Transportation Commission (CTC) to show where RMRA funds will be spent.

The project list must be approved by Resolution through the agency's governing body. Failure to submit a project list will cause a city to lose that year's apportionment. The City will submit an annual report of completion to the CTC to show that RMRA funds were spent properly.

Cities can expect to receive approximately $1,000,000 of RMRA funds per fiscal year, which for Fiscal Year 2023-2024, the City is expected to receive an apportionment of $1,548,748. To receive the RMRA allocation, the City is required to sustain a Maintenance of Effort (MOE) by spending at least the annual average of its General Fund expenditures for streets and transportation purposes during the 2009-2010, 2010-2011, and 2011-2012 Fiscal Years. The MOE amount required by the City of Porterville each fiscal year to receive its RMRA funds apportionment is $693,653.

Item No. 7.

For Fiscal Year 2023-2024, staff recommends that RMRA funds be allocated to the Main Street Reconstruction Project between Putnam Avenue and Morton Avenue that has been listed in the attached draft Resolution as the design is complete and will be ready for construction by Summer 2023.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution for the SB1 project list for FY 2023-2024;

2. Authorize the City Clerk to record the attached draft Resolution; and

3. Authorize staff to submit the project list package to the California Transportation Commission to secure the City's FY 2023-2024 RMRA apportionment.

ATTACHMENTS: 1. Draft Resolution

2. Fiscal Year 2023-2024 RMRA Projected Revenues by City

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. ___ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
WHEREAS: Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS: SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Porterville, hereinafter referred to as the “City” are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS: the “City” must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS: the “City”, will receive an estimated $1,548,748 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS: this is the fifth year in which the “City” is receiving SB 1 funding and will enable the “City” to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS: the “City” has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS: the “City” used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS: the funding from SB 1 will help the “City” maintain and rehabilitate 216 miles of streets/roads, 16 bridges, and add active transportation infrastructure throughout the “City” this year and hundreds of similar projects into the future; and WHEREAS: the 2020 California Statewide Local Streets and Roads Needs Assessment found that the “City’s” streets and roads are in an “Poor” condition and this revenue will help us increase the overall quality of our road system and, over the next decade, will help bring our streets and roads into an “at lower risk” to “good” condition; and

WHEREAS: the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED as follows:

1. The foregoing recitals are true and correct.

2. The following newly proposed and adopted project will utilize fiscal year 2023-2024 Road Maintenance and Rehabilitation Account revenues in their delivery.

Main Street Reconstruction
Reconstruction of roadway section of two-lane minor arterial roadway, .25 mile in length and 40 feet in width.

Located between Putnam Avenue and Morton Avenue
Estimated Useful Life between 15-20 years
Revised Anticipated Year of Construction Spring 2024
PASSED, APPROVED and ADOPTED this 16th day of May, 2023. __________________________
Martha A. Flores, Mayor
ATTEST:

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

ATTACHMENT B
Local Streets and Roads - Projected FY2023-24 Revenues
Based on State Dept of Finance statewide revenue projectionsEstimated January 2023 TOTAL Road Mntnc Sec2103 (5) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct TOTAL Highway Users Tax Acct (HUTA)(1) Streets & Highways Code

TULARE COUNTY
DINUBA 164,883 248,992 93,309 198,046 6,000 711,231 621,145 1,332,376 EXETER 67,943 102,601 41,272 81,608 3,000 296,424 255,953 552,377 FARMERSVILLE 68,140 102,898 41,377 81,845 3,000 297,260 256,695 553,955 LINDSAY 83,318 125,819 49,525 100,075 3,000 361,737 313,873 675,610 PORTERVILLE 411,115 620,829 225,487 493,804 7,500 1,758,735 1,548,748 3,307,483 TULARE 455,809 688,322 249,478 547,487 7,500 1,948,596 1,717,117 3,665,713 VISALIA 932,399 1,408,027 505,312 1,119,936 10,000 3,975,674 3,512,523 7,488,197 WOODLAKE 50,186 75,787 31,740 60,280 2,000 219,993 189,060 409,053

TUOLUMNE COUNTY
SONORA 34,116 51,519 34,125 40,978 1,000 161,737 128,521 290,257

VENTURA COUNTY
CAMARILLO 464,293 701,135 295,204 557,678 7,500 2,025,810 1,749,080 3,774,890 FILLMORE 108,069 163,197 72,395 129,806 4,000 477,466 407,118 884,584 MOORPARK 237,616 358,827 153,423 285,409 6,000 1,041,274 895,145 1,936,419 OJAI 50,232 75,856 36,219 60,335 2,000 224,642 189,233 413,876 OXNARD 1,323,218 1,998,207 832,439 1,589,361 10,000 5,753,225 4,984,811 10,738,036 PORT HUENEME 145,650 219,948 95,900 174,945 5,000 641,443 548,690 1,190,133 SAN BUENAVENTURA 722,232 1,090,651 456,538 867,497 10,000 3,146,917 2,720,784 5,867,701 SANTA PAULA 202,713 306,119 131,592 243,485 6,000 889,909 763,658 1,653,566 SIMI VALLEY 827,801 1,250,072 522,568 994,299 10,000 3,604,741 3,118,483 6,723,224 THOUSAND OAKS 830,866 1,254,700 524,485 997,980 10,000 3,618,031 3,130,027 6,748,058

YOLO COUNTY
DAVIS 425,670 642,808 268,545 511,286 7,500 1,855,809 1,603,577 3,459,386 WEST SACRAMENTO 346,716 523,579 219,625 416,452 7,500 1,513,872 1,306,143 2,820,015 WINTERS 48,703 73,547 34,976 58,499 2,000 217,725 183,474 401,199 WOODLAND 394,618 595,917 249,306 473,989 7,500 1,721,330 1,486,601 3,207,931

YUBA COUNTY
MARYSVILLE 86,546 130,694 46,712 103,953 3,000 370,905 326,035 696,941 WHEATLAND 24,411 36,863 16,621 29,320 1,000 108,215 91,959 200,174 Statewide Total $ 217,110,500 327,861,000 $ 128,363,518 $ 266,002,500 $ 2,709,500 $ 942,047,018 $ 817,896,000 $ 1,759,943,018 $ Notes:

1. The Highway Users Tax is also known as the "Motor Vehicle Fuel Tax", the "Gasoline Excise Tax" and "Article XIX Revenues."2. Rolling Hills has no public streets and is therefore not eligible for HUTA or RMRA allocations.3. Str&HwysCode §§ 2103, 2105, 2106, 2107 and RMRA amounts are paid monthly. Includes special payments for snow removal.4. Str&HwysCode § 2107.5 amounts are typically paid by the State Controller once per year in July.5. Str&HwysCode § 2103 allocations replace the former Prop42 TCRF revenues. Previously adjusted annually by the BOE until July 2019. 18 January 2023 CaliforniaCityFinance.com Page 16 of 16 N

TULARE N
180
245
63 198
137
190
99 43
65 190
190
137
198
Know what'sbelow. Callbefore you dig. R

W THURMAN AVEN MAIN ST

E HARRISON AVE

E MORTON AVE

E PUTNAM AVE
E CLEVELAND AVE N 2ND ST N 3RD ST N 4TH ST N HOCKETT ST N N D ST Ó L:\Projects\2019\190121\ACAD\Improvements\ST\190121-CV-PHASE ONE.dwg, 5/5/2023 5:18:54 PM, Client Submittal, Plotted by MAG Item No. 8.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Consideration of Funding Recommendations and Reopening Request for Proposals for 2021 Permanent Local Housing Allocation (PLHA) SOURCE: Community Development
COMMENT: 426-225
As presented to the City Council at its meeting on May 19, 2020, the California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the Permanent Local Housing Allocation (PLHA) program Notice of Funding Allocation (NOFA). In order to access the funds, the City had to adopt a Five-year PLHA Plan.

On July 21, 2020, City Council adopted the Five-Year PLHA Plan. The plan allocates PLHA funding over the next five years, which is estimated to be approximately $2,056,524.

On February 26, 2021, the City received the executed agreement for the FiveYear PLHA plan and Year 1 funding in the amount of $3,425,754. An amendment to the 5-Year Plan was submitted with the Year 2 application and on December 10, 2021, the City of Porterville was notified by HCD that the City’s amendment to the 5-year plan and application for second year funding was approved. The City received $532,745 for year 2. Funding for the first two (2) years has been awarded via the RFP process and programs are underway.

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

On March 21, 2023, the City Council authorized the distribution of a Request for Proposals (RFP) for the PLHA Program, for the third year of the Five-Year PLHA Plan. The PLHA program proposes to (1) Provide operating costs for navigation centers; (2) Provide operating costs for emergency shelters and/or bridge housing programs; and (3) Support Permanent Housing Programs by providing operating costs for permanent supportive housing programs. On April 14th, an addendum to the RFP was issued to allow for administration costs up to 5% as an eligible expense.

In response to the RFP, the City received three (3) applications. Applications were received from Turning Point of Central California, Inc. (TPOCC) and Central California Family Crisis Center, (CCFCC), which were rated and ranked by the RFP review committee, resulting in the following funding Item No. 8.
recommendations:

CATEGORY OF FUNDING FUNDING RECOMMENDATION
Navigation Center $154,234.50
Emergency & Bridge Housing- PWC $154,234.50
Emergency Housing-CCFCC $153,163.00
PSH- Casa de Robles $67,950.00
Total $529,582.00
Funding recommendations for TPOCC will provide operational support for the Porterville Welcome Center for its Navigation Center, Bridge Housing and Emergency Housing Operations and for operation support for Permanent Supportive Housing (PSH) for the Case de Robles II project. Funding recommendations for CCFCC will provide operational support for Emergency Housing.

The Permanent Supportive Housing (PSH) program operations category of the RFP is undersubscribed by $52,701.50. Staff is seeking authorization to reopen the RFP to accept applications for the remaining PSH program operations funding, in addition to considering the approval of the funding recommendations as presented.

RECOMMENDATION: That the City Council:

1. Award Turning Point of Central California in the amount of $154,234.50 for the Navigation Center, $154,234.50 for
Emergency Housing and $67,950.00 for PSH operation support.

The totals include up to 5% of the Administration allocation;

2. Award CCFCC in the amount of $153,163.00; and

3. Authorize staff to reopen the Year 3 PLHA RFP for the remaining $52,701.50 for PSH program operations.

ATTACHMENTS: 1. PLHA Year 3 Funding Recommendations

2. PLHA Year 3 RFP & Addendum 1

3. PLHA Approved 5-Year Plan
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: Patrice Hildreth, Deputy City Manager
Eligible Category
Dollar % Dollar % Dollar % Dollar % Dollar %
Administration $ 29,313.50 5% 6,595.50 $ 1% 18,731.50 $ 3% $ 25,327.00 4% $ 3,986.50 1% Navigation Center $ 146,567.50 25% 0% 146,567.50 $ 25% 146,567.50 $ 25% $ 0% - Emergency Housing & Bridge Housing 293,135.00 $ 50% 146,567.50 $ 25% 146,567.50 $ 25% 293,135.00 $ 50% $ 0% - Permanent Supportive Housing $ 117,254.00 20% 0% 64,552.50 $ 11% 64,552.50 $ 11% 52,701.50 $ 9% TOTAL YEAR 3 PLHA GRANT 586,270.00 $ 100% 153,163.00 $ 26% 376,419.00 $ 64% $ 529,582.00 90% $ 56,688.00 10% Available Funding Central California Family
Crisis Center
Turning Point of Central
California, Inc Total Subscribed Undersubscribed
Funding Recommendations - Year 3 PLHA

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS FOR PERMANENT LOCAL HOUSING
ALLOCATION (PLHA) THIRD YEAR FUNDING OF 2019-2023 FIVE YEAR PLAN
RFP # No. 22/23-SR1944
The City of Porterville is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP.

Submittal: One PDF file must be received by:

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

Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. 22/23-SR1944 Permanent Local Housing Allocation (PHLA) Third Year Funding of 2019-2023 Five Year Plan
Late proposals will not be accepted and will be automatically disqualified from further consideration.

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

INQUIRIES:

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

City of Porterville RFP For Use of PLHA Funds 2 | P a g e

REQUEST FOR PROPOSALS (RFP)

FOR FIVE YEAR PLHA PLAN
I. PROPOSED PROJECT
PROJECT TITLE: PLHA Five Year Plan (2019-2023) - Year 3 Funding GRANTOR: California Department of Housing and Community Development (HCD) PROPOSAL DUE DATE: April 19, 2023
AMOUNT AVAILABLE: Third year up to $586,270 for single or multiple projects, with the possibility of additional funds to be available estimated at $2,056,524 for the five-year plan.

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

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

IMPORTANT DOCUMENTS:

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

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

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

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

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

1. Provide operating costs for navigation centers

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

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

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

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

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

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

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

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

PERMANENT HOUSING PROGRAMS: OPERATING COSTS FOR PERMANENT SUPPORTIVE HOUSING

PROGRAMS (PSH)
Permanent housing is community-based housing, the purpose of which is to provide housing without a designated length of stay. PLHA funds may be used for operating costs. PSH can only provide assistance to individuals with disabilities and families in which one adult or child has a disability. Supportive services City of Porterville RFP For Use of PLHA Funds 4 | P a g e designed to meet the needs of the program participants must be made available to the program participants.

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

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

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

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

VI. APPLICATION SUBMISSION REQUIREMENTS

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

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

All proposals must be submitted in PDF format electronically to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP City of Porterville RFP For Use of PLHA Funds 5 | P a g e No. 22/23-SR1944 Permanent Local Housing Allocation (PHLA) Third Year Funding of 2019-2023 Five Year Plan”.

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

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

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

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

APPLICANT INFORMATION FORM
See form in Attachment A.

PROJECT NARRATIVE

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

City of Porterville RFP For Use of PLHA Funds 6 | P a g e ii. Describe annual outcomes the project expects to accomplish throughout the grant period.
iii. Describe how program services and/or other resources within your agency will be used to quickly reduce housing barriers and quickly engage participants in successfully maintaining housing stability.
iv. Describe how your project will achieve geographic dispersion and client choice in offering housing placements throughout the City of Porterville. v. Describe the project timeline for program start-up, hiring staff, and achieving fully operational status.
vi. If the applicant is partnering with another organization to provide housing and/or services to project participants, list the names of the partners and provide information on the specific roles and responsibilities of each. vii. Describe how you intend to measure program effectiveness in terms of outcomes to be achieved.
c. Participants
Describe your agency’s experience in the past two years providing services to persons who are experiencing homelessness or at risk of homelessness. i. Describe how you determined the number of clients to be served with the funding requested in this application.
ii. Describe the population(s) you intend to serve. Explain how the target population is identified, qualified and monitored. How will the project link populations to units of non-time limited housing?
d. Personnel
i. Describe the overall staffing plan to accomplish activities in the proposed program, including project leadership, reporting responsibilities, and daily program operations.
e. Collaboration/Coordination
Describe any formal or informal coordination, partnerships, or collaborations with other organizations proposed in this application.
i. Will the proposed program use subrecipients and/or subcontractors? If yes, please list each partner agency, describe their role as either a subrecipient or contractor, describe what services and the frequency of services that will be offered by the partner agency, and provide a brief description of the partner agency’s experience providing homelessness services.
ii. Describe the organization’s ability to collect data electronically and your agency’s plan to participate in HMIS and/or Coordinated Entry.

2. Fiscal Management (Limit your response to one page)
a. Please outline the organization’s initial program budget, including the availability of other revenue sources. Complete the Estimated Spending Plan and Revenue Summary Form (Attachment B). If the sections do not apply to your program type or you are not requesting funds please enter $0 or N/A. Do not leave sections blank. b. As part of the organization’s initial program budget, please identify all personnel who will provide direct or indirect support of the organization’s proposed services. Include each position title, the number of staff positions within each position title, and the number of Full Time Equivalents (FTEs) within each position title category. Identify additional fund source(s) that pays for each staff member’s salary. These positions should be the same as those listed in the Personnel section of the proposal.
c. Describe how the organization will assure the proper use and safeguarding of public funds and experience using government funds. Does your organization have policies and City of Porterville RFP For Use of PLHA Funds 7 | P a g e procedures regarding the financial operations of the organization? Have recent reviews or audits of the organization by a certified public accountant or other financial professional identified any weaknesses in the organization’s financial internal controls? If so, please provide the written report identifying the weaknesses and describe how the organization has responded to correct weaknesses.
d. Describe the organizations overall financial condition and the applicant’s ability to fund potential cost overruns or other costs not anticipated in the project budget. e. Provide copies of the last single audit and 990 filed

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

ESTIMATED SPENDING PLAN AND REVENUE SUMMARY FORM
See Attachment B.

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

City of Porterville RFP For Use of PLHA Funds 8 | P a g e

ATTACHMENTS
A – Applicant Information Form

1. Project title:

2. Project location:

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

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

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

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

6. DUNS Number:

7. Federal Tax ID Number:

8. Contact Information for Project Applicant:

Lead Applicant Agency:
__________________________________________________________________________ Agency Mailing
Address:_________________________________________________________________________ City of Porterville RFP For Use of PLHA Funds 9 | P a g e Total Annual Agency Operating Budget (for all activities of the applicant agency from all sources):
______________
Executive Director Program Manager HMIS Data
Manager
Finance/Bookkeeper
Name
Title
Address (if
different mailing
then above)

Phone
FAX
Email

9. Applicant Type
Nonprofit organization
Affordable Housing Developer

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

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

City of Porterville RFP For Use of PLHA Funds 10 | P a g e B– Estimated Spending Plan and Revenue Summary Form
Payroll and Personnel Expenses
HUD
Grants
Program
Income
Other
Revenue
Total
Revenue
Difference
(Rev. - Exp)
Salary and Wages FTE's Salary Total Expenses
Supervision
Case Managers
Navigators
Support Staff
Fringe Benefits (provide detail)
FICA
Workmans Comp
Insurance
Retirement
Other
Costs related to the provision of services
Space costs
Utilities
Telephone/Communications
Postage/delivery
Office Expenses
Local Travel
Equipment and Furniture
Supplies and materials
Sub-total Personnel Costs
Other Than Personnel Costs
Rental Assistance Expenses
Unit Type FMR # of units
0-BR
1-BR
2-BR
3-BR
4-BR
5-BR
Rental Assistance Total
Other Financial Assistance
Assistance Type FTE's Salary Total Expenses
Rental application fees
Utilities and Utility Deposits
Moving Costs
Security Deposits
Other: ___________________
Other: ___________________
Other: ___________________
Other: ___________________
Sub-total Other Financial Assistance
Sub-total expenses

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

EXPENSES REVENUES

CITY OF PORTERVILLE
Addendum No. 1
Date of addendum: April 14, 2023

REQUEST FOR PROPOSALS FOR PERMANENT LOCAL HOUSING
ALLOCATION (PLHA) THIRD YEAR FUNDING OF 2019-2023 FIVE YEAR PLAN
RFP # No. 22/23-SR1944

NOTICE TO ALL POTENTIAL RESPONDENTS
The Request for proposals (RFP) is modified as set forth in this addendum. The original RFP documents remain in full force and effect, except as modified by this Addendum, which is hereby made part of the RFP. Respondents shall take this Addendum into consideration when preparing and submitting its Proposal.

ALLOWABLE COSTS:

The Proposal Allowable costs has been changed as noted herein, and modifies to allow applicants to request Administration Costs as part of their request not to exceed 5% of the budget.

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

Item No. 9.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: A Resolution Approving the Application for State Off-Highway Vehicle Grant Funds
SOURCE: Parks and Leisure Services
COMMENT: Staff submitted a State Off-HIghway Vehicle (OHV) Grant application for the Fiscal Year 2023-2024 grant cycle in order to continue to receive State funding, which in this case would be for the development of a new OHV Park. The process entailed an online preliminary application and the ability for the public to review and comment on the preliminary application. Preliminary application review and comment is conducted on the State OHV website, allowing the public the ability to participate. In addition, State OHV personnel review the preliminary application and provide comments on its completeness and accuracy. Staff is then given the opportunity to revise the preliminary application, only for purposes of responding to public and State comments, prior to confirming the submission of a final application.

The preliminary Development application is for $1,730,535, of which $1,000,000 is the grant request and $730,535 would come from a local match.

The project would consist of the construction of multiple OHV tracks, parking, spectator area, restroom, entry gate kiosk, maintenance building and landscaping. The project site of the new OHV Park would be on City-owned property approximately two miles southwest of its current location. The local match for the proposed grant would come from the sale of the current OHV Park. Grant awards will be announced August 7, 2023.

RECOMMENDATION: That the City Council adopt a Resolution approving the application for State Off-Highway Vehicle Grant Funds
ATTACHMENTS: 1. Draft Resolution

2. Locator Map: Proposed New OHV Park
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. _____- 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE STATE

OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, OFF-HIGHWAY

VEHICLE GRANT FUNDS
WHEREAS, The people of the State of California have enacted the Off-Highway Motor Vehicle Recreation Act of 2003, which provides funds to the State of California and its political subdivisions for Operation and Maintenance, Restoration, Law Enforcement, Education and Safety for off-highway vehicle recreation; and
WHEREAS, the Off-Highway Motor Vehicle Recreation Division with the California Department of Parks and Recreation has been delegated the responsibility to administer the program; and
WHEREAS, procedures established by the California Department of Parks and Recreation require the Applicant’s Governing Body to certify by resolution the approval to receive grant funding from the Off-Highway Motor Vehicle Grant funds; and WHEREAS, this Project appears on, or is in conformance with, this jurisdiction’s adopted general or master plan and is compatible with the land use plans of those jurisdictions immediately surrounding the Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville hereby:

1. Approves the receiving of grant funding from the Off-Highway Vehicle Grant or Cooperative Agreement; and

2. Certifies that this agency understands its legal obligations to the State upon approval of the Grant; and

3. Certifies that this agency understands the California Public Resources Code requirement that Acquisition and Development Projects be maintained to specific conservation standards; and

4. Certifies that the Project will be well-maintained during its useful life; and

5. Certifies that this agency will implement the Project with diligence once funds are available and the Applicant has reviewed, understands, and agrees with the Project Agreement; and

6. Certifies that this agency will provide the required matching funds; and

7. Certifies that the public and adjacent property owners have been notified of this Project (as applicable); and

8. Appoints the Director of Parks & Leisure Services as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, amendments, payment requests and so on, which may be necessary for completion of the Project.

Resolution No. ____-2023

PASSED, APPROVED AND ADOPTED this 16th day of May, 2023. _________________________________
Martha A. Flores, Mayor
Attest:

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

Item No. 10.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Authorization of Street Closures for KJUG Free Summer Concert Series SOURCE: Parks and Leisure Services
COMMENT: At its meeting on February 21, 2023, City Council authorized the City to sponsor the KJUG Concert Series to take place at Centennial Park on May 24, June 6 or 7 and June 21, 2022. The free concerts are anticipated to begin at 6:30 PM and be finished by 8:00 PM. Similar to previous KJUG concerts, City staff is recommending the same street closures as in past years to assure the safety of attendees. The attachment in the staff report shows the proposed street closures and traffic plan.

Additionally, because KJUG has not indemnified the City for past concerts, staff proposes to purchase special event coverage for the three concert dates at a cost not to exceed $5,000 to be paid out of the Risk Management Fund.

RECOMMENDATION: That the City Council authorize the street closures for the KJUG Concerts on May 24, June 6 or 7 and June 21, 2023, and approve an expenditure not to exceed $5,000 for special event liability coverage to be paid out of the Risk Management Fund.

ATTACHMENTS: 1. Traffic Control Diagram
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 11.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Authorization of Street Closure for Military Banner Ceremony SOURCE: Parks and Leisure Services
COMMENT: The City's annual Military Banner Ceremony is scheduled for Friday, May 26, 2023, from 12:00 PM to 2:00 PM. The event will take place in Centennial Park, 296 N. Main Street, across from City Hall. The ceremony will recognize seventy-one (71) individuals that will have banners installed in their honor for the 2023 display period of the Military Banner Program.

In support of this event, it is requested that the City Council approve a temporary closure of Main Street between Thurman Avenue and Cleveland Avenue. This application has been reviewed by all involved City departments and staff comments are included for Council’s consideration.

RECOMMENDATION: That the City Council authorize the temporary closure of Main Street between Thurman Avenue and Cleveland Avenue for the Military Banner Ceremony on May 26, 2023, from 9:00 AM to 3:00 PM.

ATTACHMENTS: 1. Internal Civic Event Application
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 12.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Parks and Leisure Services Commission Meetings SOURCE: Parks and Leisure Services
COMMENT: The Parks and Leisure Services Commission has expressed an interest in going on hiatus for the months of July and August 2023 as it has done annually for the past several years. The Commission would be available to schedule a meeting with a seventy-two (72) hour notice should the need arise. This matter of taking a summer hiatus was considered and unanimously approved by the Parks and Leisure Services Commission at its meeting on May 4, 2023.

Pursuant to Chapter 19, Article I, Section 19-7 of the Porterville Municipal Code, the Commission is permitted to designate its date and time for meetings.

It states, "The Commission shall hold meetings regularly and shall designate the time and place thereof. It shall adopt its own rules of procedure and shall keep a record of its proceedings..."
RECOMMENDATION: That the City Council approve the Parks and Leisure Services Commission's request for a hiatus during the months of July and August 2023, with the Commission being available to meet if necessary.

ATTACHMENTS: 1. Chapter 19, Article I
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 13.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Cancellation of Public Hearing to Consider Annexation SOURCE: Community Development
COMMENT: A Public Hearing notice was posted in the Porterville Recorder on May 6, 2023, for the proposed annexation of three parcels (APNs 261-015-013, 261-015-015, 261-015-016) near the southeast corner of E. River Avenue and Plano Street, that was scheduled to be considered by the City Council at its meeting on May 16, 2023. The legal notice was inadvertently not mailed to the property owners within a three hundred (300) foot radius of the subject property as required by Porterville Development Ordinance (PDO) Chapter 601.05. Therefore, the Public Hearing will need to be cancelled and considered after being properly noticed. Staff will notice the Public Hearing in accordance with PDO 601.05 for a future meeting.

RECOMMENDATION: That the City Council cancel the Public Hearing previously scheduled for the consideration of the annexation of APNs 261- 015-013, 261-015-015 and 261-015-016.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Rescinding and Replacing Resolution No. 16-2023 Concerning Class A Driver's License Incentive Pay
SOURCE: Administrative Services
COMMENT: As the City Council will recall, at its meeting of April 18, 2023, the Council adopted Resolution No. 16-2023 approving a Side Letter which established incentive pay of 2.5% of base salary for employees in specific job classifications within Porterville City Employees Association (PCEA) and Management & Confidential Series (MCS) for attaining and retaining a Class A Driver's License.

Subsequent to the Council's action, staff was contacted by PCEA's representative who inquired about adding the additional classification of Field Service Worker II/III - Refuse. Staff sees value in expanding the eligibility for said incentive pay as some of the current refuse drivers already possess a Class A license.

Council acceptance and approval of the Side Letter Agreement is needed before staff executes the letter and it 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 Rescinding and Replacing Resolution No. 16-2023 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

2. Resolution No. 16-2023
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE RESCINDING AND REPLACING RESOLUTION 16-2023

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

Field Services Superintendent – Streets
Field Services Superintendent – Refuse
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.

Resolution No. ___-2023

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.

PASSED, APPROVED AND ADOPTED this ____ day of May, 2023. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John Lollis, City Clerk
By: ______________________________
Fernando Gabriel-Moraga, Deputy City Clerk

Item No. 15.

CITY COUNCIL AGENDA – MAY 16, 2023
SUBJECT: Cancellation of July 4, 2023, City Council Meeting SOURCE: Administrative Services
COMMENT: This year, the first Tuesday of July falls on July 4th. Given that this is the Independence Day holiday, staff presents this item for the City Council's consideration in cancelling the July 4th Council Meeting. In the event items arise that require Council action, a special meeting can be scheduled.

RECOMMENDATION: That the City Council cancel the first Council Meeting in July scheduled for July 4, 2023, due to the Independence Day holiday.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Item No. 16.

CITY COUNCIL AGENDA – MAY 16, 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 May 2, 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. 16.
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. 16.
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. 16.
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. 16.

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. 16.

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. 16.

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

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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

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

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

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

Exhibit D

12. [RESERVED].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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