Porterville City Council
June 6, 2023

City Council Agenda June 6, 2023

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JUNE 6, 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 June 6, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/85228264141?pwd=UHBOY1M4QmdWL3ROcFhzdndMSVc0dz09 Or via Telephone: 1-669-900-6833 Webinar ID: 852 2826 4141 Passcode: 867961 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claim: Claimant: Dennis Thomas Crowell. Agency claimed against: City of Porterville.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Andres Loza. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Fred Landucci. 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 plaintiffs.
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 -- Public Employee Performance Evaluation -- Title:

City Manager.

City Council Agenda June 6, 2023

7 - Government Code Section 54957 -- Public Employee Performance Evaluation -- Title:

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

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Meister
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.

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 November 14, 2022, and May 16, 2023.

Re: Considering approval of the City Council Meeting draft Minutes of November 14, 2022, and May 16, 2023.

2. Authorization to Purchase Specialized Equipment - Centrifuge Re: Consider authorization to purchase Centrifuge for Waste Water Sampling from Fisher Scientific, at a cost not to exceed $6,956.

3. Authorization to Repair Refuse Truck Engine
Re: Consider authorization for refuse truck repair by Cummins Sales and Service at a cost not to exceed $34,330.

4. Lease of Six Automated License Plate Readers from Flock Safety Re: Consider authorizing the Police Department to enter into a two-year lease agreement with Flock Safety to install six cameras for a total cost of $39,900.

5. Authorization to Distribute a Request for Qualifications for Sports Complex Baseball Field Design
Re: Consideration to authorize staff to distribute a Request for Qualifications for the design of the Sports Complex Baseball field.

6. Acceptance of Subdivision Improvements - The Villas at Sierra Meadows, Phase 2 (Smee Homes, Inc)
Re: Consider acceptance of the public improvements, including those related to the Landscape & Lighting District of Villas at Sierra Meadows, Phase 2 subdivision for maintenance as complete.

City Council Agenda June 6, 2023

7. Approval of Amendment No. 4 to the Consultant Services Agreement with MuniServices, LLC
Re: Consider approval of Amendment No. 4 to the Consultant Services Agreement with MuniServices, LLC, to add an annual adjustment of five percent (5%) to the fixed fee portion of compensation.

8. Authorization to Negotiate a Consultant Agreement - Porterville Public Library Project Re: Consideration to authorize staff to negotiate a scope of services contract with Paul Halajian Architects; or Steinberg Hart if staff is unable to negotiate an acceptable contract with Paul Halajian Architects.

9. Ratification of Emergency Expenditure - Walk-in Cooler - Airport Restaurant Re: Consideration of the Council to ratify the emergency purchase of a walk-in cooler for the Airport Restaurant in the amount of $6,800.

10. Authorization to Execute a Consultant Agreement with QK, Inc. - Parks Master Plan Re: Consider authorization to execute a Consultant Service Agreement for the Parks Master Plan with QK, Inc. in the amount of $149,217; and authorize an appropriation of $149,217 in federal American Rescue Plan Act (ARPA) funds to fund this project.

11. Porterville College Landscape Phasing
Re: Consider approval of the phasing of landscape improvements along the proposed College and Triunfo Avenue Project.

12. Request for Approval of the Self-Performed Street Maintenance Program for Fiscal Year 2023-2024
Re: Considering approval of the 2023-2024 Self-Performed Street Maintenance Program and authorizing the expenditure of $2,000,000.

13. Asphalt Grinding Program for Fiscal Year 2023-2024
Re: Consider authorizing staff to secure annual grinding contractor services for the Fiscal Year 2023-2024 Street Maintenance and Overlay Program.

14. Annual Hauling Services for Asphalt Maintenance Program Re: Authorization to secure annual hauling contractor services for the Fiscal Year 2023-2024 Capital Improvement Projects Overlay Program.

15. Street Striping Program for Fiscal Year 2023-2024
Re: Consideration of authorizing staff to secure annual striping contractor services for the Fiscal Year 2023-2024 to support the Self-Performed Street Maintenance and Overlay Program.

16. Annual Emulsion Program for Fiscal Year 2023/2024
Re: Consider authorizing staff to secure an emulsion distributor for the Fiscal Year 2023/2024 Self-Performed Street Maintenance Program.

17. Department of Finance Population Update
Re: Consider authorizing the Mayor to sign a request for State certification for the City of Porterville, May 1, 2023, at a population of 62,588.

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

City Council Agenda June 6, 2023

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

PUBLIC HEARINGS

19. Public Hearing to Consider Amendments to Series 200 of the Porterville Development Ordinance
Re: Consideration of a draft Ordinance amending Sections 204.01 and 204.02 of the Porterville Development Code regarding the Professions Office (PO) Zone District.

20. Consideration of an Ordinance Approving a Development Agreement between the City of Porterville and Cannabis Express, Inc.

Re: Considering approval for first reading of a draft Ordinance regarding the development of a retail cannabis dispensary located at 200 North Main Street.

21. Consideration of Annexation 489 - East River Avenue and Plano Street Re: Consideration to find the proposed annexation project exempt from CEQA under CEQA Guidelines Section 15319; and adopt the draft Resolution, requesting that Tulare LAFCO initiate proceeding for 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.

SCHEDULED MATTERS

22. Bid Results - Villa Street Reconstruction Project
Re: Consideration to reject all bids, and direct the Engineering and Project Management Director to re-advertise the project; or award the Villa Street Reconstruction Project to Dawson-Mauldin, LLC in the amount of $10,087,972.40;

23. Consider Approval of Payment for Parts and Rental of Specialized Equipment to Repair the Flag Pole in the Grocery Outlet/Dollar Tree Center Shopping Mall Re: Consider approval of payment of $2,562.75 to Elevated Energy and Construction for parts and rental of specialized equipment to repair the flag pole in the Grocery Outlet/Dollar Tree Center Shopping Mall from the City's "Special Purposes" Reserve Fund.

24. Consideration of Proposed Fiscal Year 2023-2024 Budget Process and Setting of Date for Public Hearing
Re: Consider the proposed Fiscal Year 2023-2024 Budget process and set the date of Public Hearing for June 20, 2023.

25. 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 approval of the agreement with TopKnotch Security, Inc. to provide nightly security at the Porterville Army National Guard Armory for $18,000 per month.

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

1. Tulare County Taskforce on Homelessness - May 17, 2023

2. Council of Cities - May 17, 2023

3. Porterville Area Development Authority (PADA) - May 19, 2023 City Council Agenda June 6, 2023

4. Tulare County Economic Development Corporation (TCEDC) Board - May 24, 2023

5. Tulare County Association of Governments (TCAG) Board Retreat - May 25, 2023

6. General Plan Ad Hoc Committee - May 30, 2023

7. Eastern Tule Groundwater Sustainability Agency (ETGSA) - June 1, 2023

8. Cannabis Ad Hoc Committee - Jule 2, 2023

9. TCAG Board - June 5, 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 20, 2023, at 5:30 P.M.

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

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

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

Item No. 1.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: City Council Minutes of November 14, 2022, and May 16, 2023.

SOURCE: Administrative Services
COMMENT: Staff has prepared the draft minutes for November 14, 2022, and May 16, 2023.

RECOMMENDATION: That the Council approve the draft Minutes of November 14, 2022, and May 16, 2023.

ATTACHMENTS: 1. 2022-11-14 Draft Minutes

2. 2023-05-16 Draft Minutes
Appropriated/Funded:

Review By:

Department Director:

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

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

PORTERVILLE, CALIFORNIA
NOVEMBER 14, 2022, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Councilmember Donald Weyhrauch, Councilmember Lawana Tate, Councilmember Milt Stowe, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
 Michael Reed, Attorney, spoke of Kyley Horton’s history in the Porterville Police Department and the disciplinary action taken against her.
 Kyley Horton, Bakersfield, asked the Council to review the disciplinary appeal to its fullest extent.
 Henry Pacheco, Bakersfield, stated he has known Kyley Horton for a long time and does not believe she deserves to lose her job.
 Jack Horton, spoke in favor of his daughter Kyley Horton.  Celeste Bernadino, Porterville, stated she met Kyley Horton through the Porterville Explorer Program and stated Horton is a good person.
 Desiree Corozco, Visalia, spoke in favor of Kyley Horton and stated the council should take their time in gathering the evidence to make a good decision.  Deborah Stewart, stated Kyley Horton has always been responsible and spoke of her work history.
 Genesis Richardson, stated Kyley Horton is a great police officer.  Amber Moreno, Tulare, spoke in favor of Kyley Horton.  Sue Renfro, Attorney from Liebert Cassidy Whitmore representing the City in the matter of Kyley Horton, spoke of the administrative proceeding of former Police Officer Kyley Horton.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Administrative Proceeding – Employee Disciplinary Appeal. 2 - Government Code Section 54957 – Public Employee Discipline/Dismissal/Release - Consideration by City Council of any modification of City Manager/Hearing Officer decision to uphold termination of city employee, in accordance with City of Porterville Personnel Rules and Regulations, Rule XI, Section 3.f. Note, if requested as provided by law, any complaints or charges shall be heard in open session prior to the City Council convening in closed session.
7:43 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported on action pertaining to A-1, as follows:

A-2. On a MOTION made by Council Member Stowe, SECONDED by Vice Mayor Carrillo, the City Council unanimously declined to modify the City Manager/Hearing Officer’s decision in the

Appeal, effectively upholding the decision to terminate the City Employee.

Documentation: M.O. 01-111422
Disposition: Appeal Denied.

ADJOURNMENT
The Council adjourned at 7:44 p.m. to the meeting of November 15, 2022, at 5:30 P.M.

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MAY 16, 2023, 5:30 PM
Call to Order at 5:30 p.m.

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

ORAL COMMUNICATIONS
None
CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee 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. 6:34 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action, as follows:

A-2. On a MOTION made by Council Member Meister, and SECONDED by Vice Mayor Carrillo the City Council unanimously denied the claim filed by Reginaldo Cornejo.

Documentation: M.O. 01-051623
Disposition: Claim denied.

The Pledge of Allegiance was led by Vice Mayor Carrillo.

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

ORAL COMMUNICATIONS
 Yolanda Bocanegra, Terra Bella, announced the Flag Day Ceremony is on schedule and thanked the Council for their time and support.
 Ryan Leasure, Porterville Chamber of Commerce, provided updates on new business that have joined the chamber and new ambassadors; and invited the council to First Friday Coffee at the Tap House at the Eagle Mountain Casino.
 Josh Flowers, Strathmore, recited words from “The Tale of the Starfish”, and stated the Council did something similar for the homeless.
 Antonio Morales, Porterville, stated he is wanting the city to address and fix the riverbank next to his home.
 Ed McKervey, Porterville, stated the city should redirect some of its money in resources for the homeless shelter.
 Art Castillo, Porterville, stated the city should address the traffic speeds on Jaye Street, between Highway 190 and West Gibbons Avenue, as traffic has increased due to new housing development.
 Cesar Martinez, Porterville, stated it would be nice if there was something in the city that would promote the Arts and Creativeness in the community, and spoke of his desire to have an opportunity to create a Mural in the city.
 Luisa Velasquez, American Cancer Society, presented the Council with packets of information regarding the American Cancer Society – Cancer Action Network and spoke of their efforts in working with community members, to support evidence-based policy solutions designed to eliminate cancer as a major health problem.  Angelica Garcia, American Cancer Society, shared results of a Survey that was conducted in the city related to second hand smoke and tobacco use.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - May 4, 2023 – no report was provided.

2. Library & Literacy Commission - May 9, 2023
Commissioner Edith Lavonne reported on a survey that will be releasing to the public soon, and spoke of participation statistics for the month April for various events such as Virtual Story Time, Adult Book Club, Bilingual Story Time, Bring your Own Game day, Book Bingo, Young Adult Book Club, and the Thousand Books Before Kindergarten Challenge.

3. Arts Commission - April 25, 2023 – no report was provided.

4. Animal Control Commission - May 11, 2023 – no report was provided.

5. Youth Commission - May 10, 2023
Commissioner Daniel Acedo Nevarez & Commissioner Ahla Saleh reported on the professional development that the Commission received during the year by touring and attending meetings with their local government and state officials.

6. Transactions and Use Tax Oversight Committee (TUTOC) – no report was provided.

II. Staff Informational Reports

1. Water Conservation Phase Iv Status Update - April 2023

CONSENT CALENDAR
City Manager Lollis noted that he had a conflict on Item No. 8.

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

1. CITY COUNCIL MINUTES OF APRIL 14, 2023, AND MAY 02, 2023.

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

Documentation: M.O. 02-0516
Disposition: Approved.

2. PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT
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 Documentation: M.O. 03-051623
Disposition: Approved.

3. AUTHORIZATION TO ADVERTISE FOR BIDS - MAIN STREET

RECONSTRUCTION PROJECT (PUTNAM AVENUE TO MORTON

AVENUE)
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.

Documentation: M.O. 04-051623
Disposition: Approved.

4. AUTHORIZATION TO DISTRIBUTE REQUEST FOR QUALIFICATIONS -

EMERGENCY OPERATIONS CENTER & PUBLIC SAFETY

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

Documentation: M.O. 05-151623
Disposition: Approved.

5. AUTHORIZATION TO AWARD FREEDOM FEST FIREWORKS

CONTRACT
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.

Documentation: M.O. 06-051623
Disposition: Approved.

6. AUTHORIZATION TO APPLY AND RECEIVE FINANCING FOR THE

CONSOLIDATION OF DEL ORO WATER COMPANY
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.

Documentation: Resolution No. 21-2023
Disposition: Approved.

7. APPROVAL OF STATE SENATE BILL 1 (SB1) PROJECT LIST FOR FISCAL YEAR 2023-2024
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.

Documentation: Resolution No. 22-2023
Disposition: Approved.

8. CONSIDERATION OF FUNDING RECOMMENDATIONS AND
REOPENING REQUEST FOR PROPOSALS FOR 2021 PERMANENT

LOCAL HOUSING ALLOCATION (PLHA)
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.

Documentation: M.O. 07-051623
Disposition: Approved.

9. A RESOLUTION APPROVING THE APPLICATION FOR STATE OFFHIGHWAY VEHICLE GRANT FUNDS Recommendation: That the City Council adopt a Resolution approving the application for State Off-Highway Vehicle Grant Funds
Documentation: Resolution No. 23-2023
Disposition: Approved.

10. AUTHORIZATION OF STREET CLOSURES FOR KJUG FREE SUMMER

CONCERT SERIES
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.

Documentation: M.O. 08-051623
Disposition: Approved.

11. AUTHORIZATION OF STREET CLOSURE FOR MILITARY BANNER

CEREMONY
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.

Documentation: M.O. 09-051623
Disposition: Approved.

12. PARKS AND LEISURE SERVICES COMMISSION MEETINGS
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.

Documentation: M.O. 10-051623
Disposition: Approved.

13. CANCELLATION OF PUBLIC HEARING TO CONSIDER ANNEXATION 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.

Documentation: M.O. 11-051623
Disposition: Approved.

14. RESCINDING AND REPLACING RESOLUTION NO. 16-2023

CONCERNING CLASS A DRIVER'S LICENSE INCENTIVE PAY
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.

Documentation: Resolution No. 24-2023

Disposition: Approved.

15. CANCELLATION OF JULY 4, 2023, CITY COUNCIL MEETING
Recommendation: That the City Council cancel the first Council Meeting in July scheduled for July 4, 2023, due to the Independence Day holiday.

Documentation: M.O. 12-051623
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. 13-051623
Disposition: Approved.

PUBLIC HEARINGS

17. PUBLIC HEARING TO CONSIDER THE TRANSITION TO PHASE III OF

THE CITY'S WATER CONSERVATION PLAN
Recommendation: That the City Council:

1. Conduct a Public Hearing to consider the transition from Phase IV to Phase III of the City's Water Conservation Plan effective June 1, 2023; and

2. Consider directing staff to transition from Phase III to Phase IV effective October 1, 2023.

City Manager Lollis introduced the item and Public Works Director Michael Knight presented the staff report.

Mayor Flores opened the Public Hearing at 7:13 p.m. and closed it at 7:14 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Council Member Meister that the City Council approve the transition from Phase IV to Phase III of the City's Water Conservation Plan effective June 1, 2023; and directed staff to transition from Phase III to Phase IV effect October 1, 2023. The motion carried unanimously.

Documentation: M.O. 14-051623
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 Meister stated Assembly Bill 1090 failed and is no longer eligible for consideration of opposition.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Beltran that the City Council approve the Resolution of Opposition to Senate Bill 94. The motion failed.

AYES: Meister, Beltran,
NOES: Weyhrauch, Carrillo, Flores
ABSTAIN: None
ABSENT: None
Documentation: M.O. 15-051623
Disposition: Motion failed.

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

1. Award of the Tule River Parkway, Phase 3 Project to American Paving Co. in the amount of $2,536,720:

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

3. Authorize a contingency in the amount of $253,672;

4. Authorize ten percent (10%) for construction staking, construction management, quality control and inspection services;

5. Authorize an additional appropriation of $1,091,564 in Local Transportation Funds to fully fund the project.

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

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Weyhrauch that the City Council award the Tulare River Parkway, Phase 3 Project to American Paving Co. in the amount of $2,536,720.00. The motion carried unanimously.

Documentation: M.O. 16-051623

Disposition: Approved.

20. 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; and

2. Consider approval of the draft License to Use State Property Agreement with the California Military Department.

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

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Meister that the City Council continue the Declaration of Local Emergency; and approve the license to use State Property Agreement with the California Military Department for the 1-year exclusive use of the Porterville Armory.

The motion carried unanimously.

Documentation: M.O. 17-051623
Disposition: Approved.

AB 1234 REPORTS

1. Military Banner Program Committee - April 25, 2023
Vice Mayor Carrillo reported on the approval of minutes, committee member vacancies, and presented an update on the upcoming Military Banner Program.

2. Local Initiatives Navigation Center (LINC) Committee - May 3, 2023 Council Member Beltran reported on the approval of minutes, several updates that included the budget report, the Porterville Welcome Center, the Street Medicine Team, and a volunteer table that was requested at the LINC events.

3. Easter Tule Groundwater Sustainability Agency (ETGSA) - May 4, 2023 Council Member Weyrhauch reported on the approval of minutes, ratification of bills to be paid, approval of the ETGSA 9th Amended Rules and Regulations, review of logo proposals for ETGSA, the setting of a date for Public Hearing to Enforce Tier 1 Penalty Delinquencies, and other various routine staff reports.

4. Tulare County Water Commission - May 8, 2023
Mayor Flores stated she had been unable to attend the meeting.

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

Mayor Flores reported on those in attendance and spoke of a hearing by the Committee on Natural Resources “Save Our Sequoias Act” by Speaker Kevin McCarthy and stated that the group met with Trevor Smith of Speaker Kevin McCarthy’s office and presented him with a regional transportation booklet. Mayor Flores stated on Thursday of the trip they attended a meeting with the Department of Transportation and a later meeting with the Federal Aviation Administration.

6. Social Services Transportation Advisory Council - May 9, 2023 Vice Mayor Carrillo reported on the unmet needs and recommendations which was a request direct access from Visalia north side route from downtown, toward the target shopping center and regional on demand service.

7. Transit Forum - May 10, 2023
Vice Mayor Carrillo stated Visalia Transit and TCRTA continue to work on an operations plan for regional on demand micro transit service.

8. CalVans Board - May 11, 2023
Vice Mayor Carrillo reported on the proposed Calvans budget totals for staff benefits, services and supplies.

9. Tulare County Economic Development Corporation Board - May 11, 2023 Assistant City Manager Jason Ridenour reported on the Strategic Planning Session which was focused on the budget.

10. Tulare County Association of Governments (TCAG)/ Tulare County Transportation Authority (TCTA) Board - May 15, 2023
Mayor Flores reported on an educational workshop that included a KNN presentation of the summary of outstanding debt, the adoption of resolutions, the approval of minutes, the Local Clearinghouse Review, and several informational items.

11. Tulare County Regional Transit Authority (TCRTA) - May 15, 2023 Council Member Weyhrauch reported on several action and discussion items such as a professional services agreement, the notice of withdrawal from the City of Porterville, and the board of directors meeting schedule.

ORAL COMMUNICATIONS
None

OTHER MATTERS
 Council Member Beltran thanked Yolanda Bocanegra for the Flag Day update; lauded the Youth Commission for their earlier report; spoke of the Eagle Mountain Casino Grand Opening Event; and the recent Cinco Day Mayo Parade.
 Council Member Weyhrauch spoke of road improvements that were done in the city; stated the Centennial Park Mural Restoration looks great; stated he would like to take part in future

contractor reports; and thanked the Mayor and City Manager for attending the One Voice Trip in Washington D.C.
 Council Member Meister wished all mothers a Happy Mother’s Day; thanked the Tule Tribe and congratulated them for the Eagle Mountain Casino Grand Opening; and requested that the council consider for an item to be placed on the agenda to assist the Flag Day Committee.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Council Member Weyhrauch that the City Council place an item on the next Council Meeting, as a Scheduled Matter, to consider approval of Payment for Parts and Rental of Specialized equipment to repair the flag pole in the Grocery Outlet/Dollar Tree shopping mall. The motion carried unanimously.

Documentation: M.O. 18-051623
Disposition: Approved.
 Vice Mayor Carrillo spoke of her attendance at the Eagle Mountain Casino Grand Opening Event; spoke of her visit to Tulare Lake with the Santa Rosa Rancheria Tribe; thanked the Youth Commission for its report; and lauded the library reports.  Mayor Flores spoke of her attendance to various events such as the JESPOG ZeroNox Event, the City Employee Luncheon at the Corporation Yard, and the Cinco De Mayo Parade; and congratulated the Eagle Mountain Casino for their Grand Opening.  City Manager Lollis spoke of a memorable moment during his trip to Washington D.C.; and highlighted on upcoming events such as the Fair Week, KJUG Summer Concert Series, and Military Banner Ceremony.

CLOSED SESSION
None
ADJOURNMENT –
The Council adjourned at 9:06 p.m. to the meeting of June 6, 2023, at 5:30 p.m.

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

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Authorization to Purchase Specialized Equipment - Centrifuge SOURCE: Public Works
COMMENT: The City's Public Works Department - Laboratory Division is requesting authorization to purchase one centrifuge to replace the existing unit originally installed in 1994. The existing unit is obsolete, and replacement parts are no longer available.

The centrifuge is used for anaerobic digester samples, which require special sample handling and preparation, including separating liquids and solids. The centrifuge accomplishes this as it spins at a high rotation rate to separate the liquid from the solids. The extracted liquid is distilled to determine volatile acids and alkalinity concentrations, which are critical to anaerobic digester performance and operation.

Staff received three quotes as follows:

Vendor Cost
Fisher Scientific $ 6,323
VWR $ 7,840
Laboratory Supply Network $ 7,858
Fisher Scientific has been identified as the lowest quote, securing the centrifuge proposal. Expenditure for the centrifuge, in the amount not to exceed $6,956, which includes taxes, shipping, and a ten percent (10%) contingency, will be funded from the Fiscal Year 2022-2023 Laboratory Equipment Replacement Budget.

RECOMMENDATION: That the City Council:

1. Award the purchase of one centrifuge to Fisher Scientific for an amount not to exceed $6,956, which includes taxes, shipping, and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order for Fisher Scientific for an amount not to exceed
$6,956, which includes taxes, shipping, and a ten percent (10%) contingency; and

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

Public Works Director.

ATTACHMENTS: 1. Fisher Scientific Quote

2. VWR Quote

3. Laboratory Supply Network Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
FISHER SCIENTIFIC COMPANY LLC
4500 TURNBERRY DRIVE
HANOVER PARK IL 60133-5491
Valid To
*Quote Nbr Creation Date Due Date Page
Sales Representative
Prepared By
Payment Terms Delivery Terms
To place an order
Customer Reference
Submitted To: Customer Account: 178679­001
Don't have a profile? Register on
*Please reference this Quote Number on
all correspondence.
fishersci.com
3150-8257-13 05/30/2023 1 of 1
NET 45 DAYS DEST
09/27/2023 SCAPPE, FRANCESCA
QUOTE 5/30 FRANCESCA SCAPPE
800-766-7000 800-926-1166

CITY OF PORTERVILLE

LABORATORY
1265 W GRAND AVE
PORTERVILLE CA 93257-0001
Sales Quotation
Ph: Fx:

CAROLINE THOMASON
[email protected]
559-782-7508
For complete Terms and Conditions, please click here.

Click here or go through your purchasing system to
fishersci.com quotes
Blank Line
Blank Line
Nbr Qty UN Catalog Number Description Unit
Price
Extended
Price
1 1 EA S72219 CENTRIFUGE FC5816 4,865.29 4,865.29
Ohaus Frontier 5000 Series Multi Pro Centrifuge, Capacity: 6 x 250 ml, Hertz: 50/60, Max. RCF: 21,379, Max. Speed: 15,000rpm, Refrigerated: No, Voltage: 120/230, Electrical Requirements: 120V, For Use With: NA, Includes: NA, Stainless steel, Product Line:

Centrifuge
Vendor Catalog # 30314817/EMD
This item is being sold as 1 per each
Blank Line
2 1 EA S72230 ROTOR SWING OUT 4X250ML ID 1,450.61 1,450.61 Ohaus Rotor, Swing out, 4 x 250ml, ID, Capacity: 4 x 250 ml, For Use With: FC5714, Stainless steel, Max. RCF: 3780 x g, Max. Speed: 4,500 rpm, Angle: 0-90 deg., Description: Rotor, Swing out, 4x250ml, ID, Includes: NA, Net Weight: 4.060 kg, Recommended Applications:

Education
Vendor Catalog # 30314820
This item is being sold as 1 per each
Blank Line
MERCHANDISE TOTAL 6,315.90
Fuel Surcharge 7.45
TOTAL 6,323.35
Blank Line
NOTES:

We now offer highly competitive financing with low monthly payments. Please contact your local sales representative for more information.

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Tell us about your recent customer service experience by completing a short survey. This should take no longer than three minutes. Enter the link into your browser and enter the passcode: USA-PGH-CS2 http://survey.medallia.com/fishersci
NASPO CONTRACT # 7-16-99-26-02

THERE WILL NOT BE ANY STANDARD SHIPPING CHARGES
To: CAROLINE THOMASON
Date: 05/30/2023
Message:
5/31/23, 5:49 PM VWR® Mega Star 1.6 General Purpose 1.6 L Benchtop Centrifuges | VWR https://us.vwr.com/store/product?keyword=76519-282 1/7
Printed from VWR Website
User: Caroline Thomason
Date: 05-31-2023 Time: 20:47
VWR® Mega Star 1.6 General Purpose 1.6 L Benchtop
Centrifuges
Supplier: VWR International
Optimize projects with the Mega Star 1.6 general purpose centrifuge series. These versatile compact benchtop centrifuges provide maximum sample security and reproducibility in an intuitive, easy to use platform.

Choose between a ventilated or refrigerated compact benchtop 1.6 L model, sold as an individual centrifuge or a package, to enhance productivity.

Space saving general purpose Mega Star 1.6 and 1.6R centrifuges Equipped with a simple, intuitive keypad control interface in a compact footprint
Can run up to 16×50 ml conical tubes, 36×15 ml conical tubes or 10× standard microplates
… More Product Information
Order Now
5/31/23, 5:49 PM VWR® Mega Star 1.6 General Purpose 1.6 L Benchtop Centrifuges | VWR https://us.vwr.com/store/product?keyword=76519-282 2/7

SPECIFICATIONS
Model Mega Star 1.6 Mega Star 1.6R
Max. Speed 15200 rpm (depending on rotor) 15200 rpm (depending on rotor) Max. RCF 25830×g (depending on rotor) 25830×g (depending on rotor) Voltage 120 V 120 V
Height
Lid open: 85.5 cm (33.6")
Lid cosed: 36.2 cm (14.3")
Lid open: 85.5 cm (33.6")
Lid cosed: 36.1 cm (14.2")
Depth 66 cm (26") 66 cm (26")
Width 44.5 cm (17.5") 62.5 cm (24.6")
Centrifuges
ORDER DOCUMENTATION Q and A
5/31/23, 5:49 PM VWR® Mega Star 1.6 General Purpose 1.6 L Benchtop Centrifuges | VWR https://us.vwr.com/store/product?keyword=76519-282 3/7
Description Capacity
Temperature
range
Weight
VWR
Catalog
Number
Unit Availability
Your
Price
Quantity
VWR® Mega Star 1.6 general
purpose 1.6 L benchtop
centrifuge, ventilated, 120 V
(centrifuge only)

1.6 L —
61 kg (134
lbs.)
76468-134 Each
Ordered
Upon
Request
$5,827.27
VWR® Mega Star 1.6R general
purpose 1.6 L benchtop
centrifuge, refrigerated, 120 V
(centrifuge only)

1.6 L −10...+40 °C
92 kg
(202.8
lbs.)
76468-132 Each
In Stock at
VWR $8,764.42
Centrifuge packages
Description Capacity
Temperature
range
Weight
VWR
Catalog
Number
Unit Availability
Your
Price
Quantity
VWR® Mega Star 1.6 general purpose

1.6 L benchtop centrifuge tissue
culture package, ventilated, 120 V
(tissue culture packages includes
TX400 rotor, set of 4×400 ml buckets,
set of four ClickSeal™ biocontainment
lids, set of four 4×50 ml conical tube
adapters, set of four 9×15 ml conical
tube adapters)

1.6 L —
61 kg
(134
lbs.)
76519-282 Each
Ordered
Upon
Request
$7,840.03
- +
- +
- +
0 0
0 Item No. 3.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Authorization to Repair Refuse Vehicle Engine
SOURCE: Public Works
COMMENT: City Vehicle #6681 is an active residential refuse truck which has extensive wear to the engine requiring an engine overhaul. A Cummins engine powers this vehicle and should only be repaired by an authorized Cummins engine repair facility.

Staff is requesting authorization to utilize Cummins Sales and Service, which is the nearest authorized Cummins engine repair service facility, at an estimated cost of $34,330 (inclusive of all parts, taxes, and labor, including a 10% contingency). Funding for the repair will be the Solid Waste operating fund.

RECOMMENDATION: That the City Council:

1. Authorize the refuse truck repair by Cummins Sales and Service at a cost not to exceed $34,330 (inclusive of all parts, taxes, and labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. Cummins Quote
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 4.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Lease of Six Automated License Plate Readers from Flock Safety SOURCE: Police
COMMENT: Over the last year, the city has seen an increase in retail theft, auto theft, and theft of catalytic converters throughout the city. These thefts normally involve a vehicle occupied by several individuals who steal from stores or the vehicles of their intended victims. The Porterville Police Department has enhanced its efforts by providing increased patrols as well as coordinating and developing partnerships with other agencies to address these issues.

Unfortunately, regardless of these increased efforts, it is anticipated the city will continue to experience thefts of this type. In order to enhance the Department’s ability to prevent and investigate cases of theft, staff have researched the lease and installation of six cameras strategically placed throughout the city. The Department will use this new technology to assist with investigations; and staff believe additional technology could be beneficial in the deterrence, prevention, and investigation of these crimes.

Recently, Department staff attended a presentation by Flock Safety to examine the feasibility of installing Automated License Plate Readers (ALPRs) at strategic locations throughout the city to assist with the Department’s efforts.

These ALPRs would further enhance the ability to provide a method of alerts for certain vehicles as well as enhanced search abilities for license plates and vehicle descriptions.

License plates can be entered into the system within alert parameters, allowing for immediate notification upon a suspect’s vehicle entering the city. Searches can be conducted within the Flock system for license plates including partial plates as well as vehicle descriptions. The system has the ability to differentiate between vehicle types, models, colors, vehicle damage, or other specific data entered into the system. Staff believes the addition of this system will enhance the Department’s investigative abilities.

Flock Safety presented staff with a desirable approach to deploying ALPR cameras throughout the community. The Flock program is an all-inclusive model for deploying the APLR cameras. Flock Safety is the sole manufacturer and developer of the Flock Safety Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety Camera. In addition to this, all of the Department’s patrol vehicles are outfitted with the Axon Fleet 3 camera system. These cameras are also ALPR and, due to the fact that Axon and Flock Item No. 4.
have agreements, the new Flock system will be a seamless partnership with the Axon in-car cameras.

There are several other differences between Flock and other ALPR companies.

Most notably, they are the only manufacturer and service provider that leases ALPR services. Others require the city to purchase equipment. The technology is also different because it captures motion and not just license plates. In addition, as previously noted, they have a business partnership with Axon, which is the Department’s provider for body and fleet ALPR cameras currently in the Department's police vehicles.

The key benefits of Flock Safety are that they charge an annual flat rate lease per camera of $3,000, which is wireless, free of infrastructure setup, and has the option for solar or direct power. They also include a two-year warranty, Criminal Justice Information Services (CJIS) compliant cloud-based hosting, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling and a cellular connection.

The Flock lease program prevents the City from being burdened with maintaining costly equipment at the end of the agreement, which could require replacement. The Flock program is being utilized by more than 210 police departments across the nation. Bakersfield Police Department, McFarland Police Department, Visalia Police Department, Lindsay Police Department, Woodlake Police Department, and Farmersville Police Department are just a few agencies currently utilizing Flock’s services. The City's agreement will allow the Department to have access to all Flock partner agencies cameras as well. Flock’s cameras capture date, time, location, license plate (state, partial, paper, and no plate), vehicle details (type and color), as well as objects (bicycle, animals, and people).

At the end of the two-year lease period, staff can assess the benefits of the program and determine whether to recommend continuing or discontinuing the program. Staff received a quote from Flock Safety for six cameras and installation at a total cost of $39,900, The initial cost includes the setup, installation, Flock safety advanced search features, and annual fees associated with adding the six cameras throughout the city. The Flock Safety contract is a two-year lease with the first year being $21,900 while the second year would be $18,000. Funding for this project is available in the Department's budget.

RECOMMENDATION: That the City Council:
1) Authorize the Police Department to enter into a two-year lease agreement with Flock Safety to install six cameras for a total cost of $39,900; and
2) Authorize staff to sign all necessary documents regarding the contract and make payments per the contract language.

ATTACHMENTS: 1. Flock Safety Sole Source Letter

2. Flock Safety Agreement
Item No. 4.

Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Sole Source Letter for Flock Safety™ ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera.

The Flock Safety ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features:

1. Vehicle Fingerprint Technology™:
○ Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) ○ Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate ○ Ability to ‘Save Search’ based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description
○ Only LPR provider with “Visual Search” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
○ Falcon Flex™: an infrastructure-free, location-flexible license plate reader camera that is easy to self install. Falcon Flex ties seamlessly into the Flock ecosystem with a small and lightweight camera with the ability to read up to 30,000 license plates and vehicle attributes on a single battery charge

2. Integrated Cloud-Software & Hardware Platform:
○ Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
○ Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
○ Utilizes motion capture to start and stop recording without the need for a reflective plate
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
○ Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
○ On device machine processing to limit LTE bandwidth consumption ○ Cloud storage of footage
○ Covert industrial design for minimizing visual pollution

3. Transparency & Ethical Product Design:
○ One-of-a-kind “Transparency Portal” public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system
○ Built-in integration with NCMEC to receive AMBER Alerts to find missing children ○ Privacy controls to enable certain vehicles to “opt-out” of being captured

4. Integrated Audio & Gunshot Detection:
○ Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots)

5. Live Video Integration:
○ Ability to apply computer vision to third-party cameras using Wing™ LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint technology offered on the Flock Safety Falcon™ ALPR cameras ○ Wing™ Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents ○ Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (AVL) on Flock Safety’s Wing™ Suite ○ Access Wing™ Replay to unlock enhanced situational awareness with 7-day footage retention, Hot List Live Video Instant Replay, and downloadable MP4

6. Partnerships:
○ Flock Safety is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com
○ Flock Safety is the only LPR provider to be fully integrated into a dynamic network of Axon’s Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon cameras
○ Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
○ Ability to potential access additional cameras from Flock Customers, including:

Hanford PD, Woodlake PD, Farmersville PD, Lindsay PD, Reedley PD, 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Bakersfield PD, Kern Co SO, Madera Co SO, Stallion Springs PD, Delano PD, McFarland PD, Newman PD, Fresno PD, Fresno Co SO, etc., at no additional cost

7. Warranty & Service:
○ Lifetime maintenance and support included in subscription price ○ Flock Safety is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation
○ Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
Thank you,
Garrett Langley CEO, Flock Safety
Flock Safety + CA - Porterville PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Caroline Fraher
[email protected]
3108443659
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.

EXHIBIT A

ORDER FORM
Customer: CA - Porterville PD Initial Term: 24 Months
Legal Entity Name: CA - Porterville PD Renewal Term: 24 Months Address: 350 N D St Porterville, California 93257 Payment Terms: Net 30 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $18,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 6 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 6 $3,900.00 Subtotal Year 1: $21,900.00
Annual Recurring Subtotal: $18,000.00
Estimated Tax: $0.00
Contract Total: $39,900.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $21,900.00
Annual Recurring after Year 1 $18,000.00
Contract Total $39,900.00
*Tax not included
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Porterville PD
By:
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By:
\FSSignature1\
Name:
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Name:
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Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 15 day of May 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies;the competitive strength of, or market for, Flock’s products or services;such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer,to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

10.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Public Disrepute. In the event Customer or its employees become the subject of an indictment, arrest, public disrepute, contempt, scandal or behaves in a manner that, in the reasonable judgment of Flock, reflects unfavorably upon Flock, and/or their officers or principals, licensees, such act(s) or omission(s) shall constitute a material breach of this Agreement and Flock shall, in addition to any other rights and remedies available to it hereunder, whether at law or in equity, have the right to elect to terminate this Agreement.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

Item No. 5.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Authorization to Distribute a Request for Qualifications for Sports Complex Baseball Field Design
SOURCE: Parks and Leisure Services
COMMENT: With the construction of the South County Justice Center came the removal of the Municipal Ballpark. The ballpark consisted of one adult-sized baseball field with lights. In an effort to replace the former ballpark field, a priority project was included in the City adopted 2022-2023 Fiscal Year Budget to construct a new lighted baseball field on the southeast portion of the Sports Complex. The project's estimated cost is $1 million, which includes design and is currently planned to be funded by federal American Rescue Plan Act (ARPA) funds. To make the new baseball field versatile for multiple ages, staff is recommending an artificial turf infield with a portable pitcher's mound and a natural grass outfield.

Staff has proceeded with the preparation of a Request for Qualifications for this project. The firms interested in the project shall submit a statement of qualifications that will be reviewed and rated by a selection panel. The highest ranking firms may or may not be asked to participate in an interview panel and ranked again. Staff will then present the results of the ranking to the 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 Sports Complex Baseball Field Design project.

The City intends to select one qualified design firm to provide full-service.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Qualifications for the design of the Sports Complex Baseball Field.

ATTACHMENTS: 1. Draft Request for Qualifications Cover Letter

2. Draft Request for Qualifications

3. Sports Complex Baseball Field Map

4. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Item No. 5.

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

REQUEST FOR QUALIFICATIONS
Professional Services – Sports Complex Baseball Field Project Design
May 2023
PREPARED BY:

PARKS AND LEISURE SERVICES DEPARTMENT
May 2023

I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) from qualified consultant firms to provide professional services for the design of the Sports Complex Baseball Field Project. This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services.

II EXAMINATION OF PROPOSAL DOCUMENTS:

By submitting a proposal, 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 PROPOSAL REQUIREMENTS:

Proposals for this project will be accepted at this office until 4:00 p.m., on Thursday, June 29, 2023. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for Sports Complex Baseball Field Project Design.” Cost proposals shall not be submitted until requested by the CITY. Proposals shall be addressed to:

Donnie Moore, Director
Parks and Leisure Services Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all proposals, 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 proposal in response to this RFQ; 2) submitting its proposal to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's proposal; 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 proposals. 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 proposal. Such exceptions must be included as a separate element of the proposal 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 proposal. 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 subcontractor’s or subconsultant’s 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   PROPOSAL EVALUATION CRITERIA:

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

A. Firm(s) experience with similar projects;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the project requirements;
D. Firm(s) ability to provide the required services in a timely and cost‐effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. 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 proposals 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 highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for the fourth week of July 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 top‐ ranked 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 re‐ advertise for new proposals. 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 proposal, and CITY Contract. Where two or more CONSULTANT’s desire to submit a single proposal (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, August 15, 2023. Issuance of this RFQ and receipt of proposals 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 proposals 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 proposal), 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   PROPOSAL FORMAT AND CONTENT:

Proposals 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 five (5) 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.

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 with modified personnel.

2. If subconsultant’s 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. Proposal Format:

1. Proposals 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. Proposals 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 SPORTS COMPLEX BASEBALL FIELD DESIGN The City of Porterville seeks “Statement of Qualifications” (SOQ) from companies interested in providing design services for the Sports Complex Baseball Field project. The City intends to select one (1) qualified company to provide full‐service documentsfor a new baseball field at the Sports Complex with a synthetic turf infield and natural grass outfield. This document identifies the general project scope and procedures for Contractor involvement in this process. Responding businesses must have relevant experience and the ability to provide the requisite professional services.

SCOPE OF SERVICES:

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

1. Meet with City staff to ascertain the full scope of 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 contractor 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 Contract Services Agreement. A brief description of some of the work needed is listed below.

2. Provide clarifications and answer questions as needed.

3. Coordinate early consultation and ongoing meetings with City staff.

4. The Contractor shall provide a working schedule indicating major milestones to complete the work identified in the scope of services above.

5. The Contractor will be required to perform field data collection necessary to complete the requirements of the Project. The Contractor is solely responsible for safety of its employees including any sub‐contracted employees during any field operations.

6. The Contractor shall provide project management to a level commensurate with the Project including clearly defined lines of communication between the City and the Contractor, coordination necessary for successful completion of the Project, timely invoicing forservicesrendered, and notification of tasks outside the executed Agreement.

DESIRABLE QUALIFICATIONS OF THE CONTRACTOR:

The City is seeking a qualified professional with the following qualifications:

1. Experience in similar baseball field projects.

2. The company should be comprised of professionals with the technical competence and resources to perform the work specific to this RFQ.

3. The company should include the proper mix of professionals capable of producing the desired outcome of CITY.

LOCAL AGENGY RESPONSIBILITIES:

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

The CITY’s Contract Administrator will directly handle the project management and monitoring of the CONTRACTOR’s work to ensure it is complete, accurate, and consistent with the terms and conditions of the CONTRACTOR’s 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 (or designee) shall be responsible for the following:
 Serve as the CITY’s primary contact person for the CONTRACTOR  Monitor the CONTRACTOR’s progress and provide direction  Review billings and determine whether costs billed are reasonable in relation to the work performed during billing period
 Approve the CONTRACTOR’s progress payments
 Identify other CITY personnel for CONTRACTOR to contact, if needed  Provide access to CITY facilities as required
 Provide available data pertinent to the Project
 Provide CONTRACTOR with CITY documents including policies, procedures, regulations and standards pertinent to the Project
 Examine documents submitted to CITY by CONTRACTOR and render decisions pertaining thereto in a timely manner

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Acceptance of Subdivision Improvements - The Villas at Sierra Meadows, Phase 2 (Smee Homes, Inc)
SOURCE: Engineering and Project Management
COMMENT: The Subdivider, Smee Homes, Inc., has requested that the public improvements constructed for the Villas at Sierra Meadows, Phase 2 subdivision be accepted by the City for maintenance. All required improvements, excluding sidewalks, have been completed, inspected by City staff and found to be acceptable. A Landscape and Lighting District (LLD) was also a requirement of the development. Improvements associated with the District have also been inspected by City staff and found to be acceptable.

The Subdivider has on file a one (1) year maintenance guarantee for five percent (5%) of the total cost of improvements and remaining public sidewalk security via bond.

RECOMMENDATION: That the City Council:

1. Accept the public improvements, including those related to the Landscape & Lighting District of Villas at Sierra Meadows, Phase 2 subdivision for maintenance;

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

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

ATTACHMENTS: 1. The Villas at Sierra Meadows, Phase 2 Map Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
TRACT MAP NO. _____

THE VILLAS AT SIERRA MEADOWS
PHASE 2
PREPARED BY:

BORUM LAND SURVEYING
1445 W. GRAND AVE. STE C
GROVER BEACH, CA 93433
(805) 270-4154
PREPARED FOR:

THE O'SULLIVAN FAMILY REVOCABLE TRUST
1279 W. HENDERSON AVE. #340
PORTERVILLE, CALIFORNIA 93257

SOIL ENGINEER'S STATEMENT
I HEREBY STATE THAT THE PRELIMINARY SOILS REPORT WAS SUBMITTED BY ME IN MARCH 2021 IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE 900 OF THE MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND THAT SAID REPORT IS ON FILE IN THE CITY BUILDING INSPECTOR'S OFFICE.

SOILS REPORT NO. DATE
DATED THIS DAY OF , 20 .

SALVADOR ALVAREZ, PE 83957

CITY CLERK'S STATEMENT
I, JOHN D. LOLLIS, CITY CLERK OF THE CITY OF PORTERVILLE, STATE OF

CALIFORNIA, HEREBY STATE TO THE COUNTY RECORDER, AND TO WHOMSOEVER IT MAY CONCERN, THAT ALL PROVISIONS OF DIVISION 2, TITLE 7

OF THE GOVERNMENT CODE OF THE STATE OF CLAIFORNIA AND OF ANY

LOCAL ORDINANCES PERTAINING TO DEPOSITS REQUIRED AT THE TIME OF

APPROVL OF THIS MAP BY THE CITY COUNCIL OF THE CITY OF PORTERVILLE HAVE BEEN COMLIED WITH.

DATED THIS DAY OF , 20 . CITY CLERK

CITY COUNCIL'S STATEMENT

THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE HELD ON THE DAY OF , 20____, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO

APPROVING THIS MAP AND SUBDIVISIONS, AND ON BEHALF OF THE PUBLIC, ACCEPTING, SUBJECT TO IMPROVEMENTS, THE PUBLIC STREET AND LOTS A & B;

AND ACCEPTING THE PUBLIC UTILITY EASEMENTS ALL INCLUDED WITHIN THE

BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED UPON THIS MAP.

WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF PORTERVILLE THIS ON THE DAY OF , 20 . CITY CLERK

ZONING ADMINISTRATOR'S STATEMENT
I HEREBY STATE THAT THIS MAP CONFORMS TO THE APPROVED TENTATIVE MAP DATED FEBRUARY 4, 2020.

DATED THIS DAY OF , 20 .

JON RIDENOUR

COMMUNITY DEVELOPMENT DIRECTOR

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION, AND IS BASED

UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE

SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF THE O'SULLIVAN FAMILY REVOCABLE TRUST IN MARCH 2021. I HEREBY STATE THAT

THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF

THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

BRIAN S. BORUM, PLS 8006 DATE

BOARD OF SUPERVISORS' STATEMENT
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER / CLERK OF THE BOARD OF SUPERVISORS OF THE

COUNTY OF TULARE, STATE OF CALIFORNIA , DO HEREBY STATE THAT SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2, TITLE 7 OF THE GOVERNMENT CODE OF STATE OF CALIFORNIA.

DATED THIS DAY OF , 20 . JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER / CLERK OF THE BOARD OF SUPERVISORS BY:

DEPUTY

CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS

SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES

APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

DEE JASPAR, RCE 23042 DATE

VICINITY MAP

NOT TO SCALE
SHEET 1 OF 3

OWNER'S STATEMENT

WE HEREBY STATE WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO, THE REAL

PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP, AND THAT EXCEPT AS SHOWN ON

THIS MAP AND STATEMENTS MADE A PART THEREOF, WE ARE THE ONLY PERSONS WHOSE CONSENT IS

NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY AND WE HEREBY CONSENT TO THE MAKING OF SAID

MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BOUNDARY LINES, AND HEREBY CONSENT TO THE RECORDATION OF SAID MAP.

WE HEREBY DEDICATE FOR PUBLIC USE THE STREETS WITHIN THE BOUNDARY OF SAID MAP.

WE HEREBY DEDICATE FOR PUBLIC USE EASEMENTS FOR PUBLIC UTILITIES UNDER, ON OR OVER THOSE CERTAIN STRIPS OF LAND LYING ADJACENT TO THE FRONT AND/OR SIDE LINES OF LOTS 1 THROUGH 39 DESIGNATED AS "PUBLIC UTILITIES EASEMENT" AS SHOWN ON SAID MAP, WITHIN SAID SUBDIVISION SUCH STRIPS OF LAND TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND.

THE O'SULLIVAN FAMILY REVOCABLE TRUST
BY:

THOMAS J. O'SULLIVAN, TRUSTEE
BY:

DEBORAH L. O'SULLIVAN, TRUSTEE

NOTARY ACKNOWLEDGEMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE

INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF S.S.

ON , BEFORE ME, , A NOTARY

PUBLIC, PERSONALLY APPEARED, WHO

PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE

SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE

SAME IN HIS/HER/THEY AUTHORIZED CAPACITY AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE

INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S), ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FORGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.

NOTARY PUBLIC
PRINTED NAME:

COUNTY OF:

COMMISSION EXPIRES:

COMMISSION NO:

RECORDER'S STATEMENT
DOCUMENT NO. FEE PAID:

FILED THIS DAY OF , 20 , AT M. IN VOLUME OF
MAPS, AT PAGE , TULARE COUNTY RECORDS, AT THE REQUEST OF BRIAN S. BORUM-LAND SURVEYOR ROLAND P. HILL

TULARE COUNTY RECORDER
BY:

DEPUTY COUNTY RECORDER

FLOOD HAZARD INFORMATIONAL NOTE

THE FOLLOWING FLOOD ZONE INFORMATION IS BASED ON OUR INTERPRETATION OF THE FEDERAL

EMERGENCY MANAGEMENT AGENCY (FEMA) NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP (MAP NO. 06107C1642E) FOR COMMUNITY NUMBER 060407, CITY OF PORTERVILLE, TULARE COUNTY, CALIFORNIA, DATED JUNE 16, 2009. THE SUBJECT SITE IS LOCATED WITHIN ZONE X (UNSHADED) WHICH IS OUTSIDE OF THE 0.2 PERCENT ANNUAL CHANCE OF FLOOD.

PROJECT
SITE
L.S. 8006
BRIAN S. BORUM

LICENSED LAND SURVEYO
R

STAT E OF CALIFORNIA
BEING A SUBDIVISION OF THE REMAINDER OF THE VILLAS AT SIERRA MEADOWS PHASE 1, AS RECORDED OF VOLUME 44 OF MAPS, AT PAGE 61, IN TULARE COUNTY RECORDS, BEING ALSO A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN,

IN THE CITY OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA CONSISTING OF 39 LOTS CONTAINING 7.35 GROSS ACRES, 5.07 NET ACRES AND A DESIGNATED REMAINDER CONTAINING 7.15 GROSS ACRES. TOTAL ACREAGE 14.50
JUNE 2021
www.borumlandsurveying.com
N

RICHARD AVENUE
(N0° 26' 30"E 1324.94')
JOAN AVENUE MESA OAK STREET (N0° 32' 44"E 1327.42')
(N89°50'15"W 2650.44')
(1325.22') (1325.22')
(1322.80')
((1322.79'))
((1325.22'))
((N0° 32' 44"E 1327.43'))
((N89°50'15"W 2650.44'))
((1325.22'))
((N0° 26' 30"E 1324.94'))
[N00° 26' 27"E 2659.37']
[N89°50'15"W 2650.44']
[1325.22']
FD. 2" BRASS CAP IN MON

WELL CENTER OF SECTION
2-T22S R27E CITY BM #95
PER 44-MB-61
(S89°43'50"E 2645.60')
(1322.80')
((N89°43'50"W 2645.60')) ((1322.80'))
FD. 1/2" RBR CAP LS4076
N03° 30'22"W 0.38' OF

CORNER NOT ACCEPTED
FD. PATCH & HUB & TACK
WITH 2X2 O/S PER 44 MB 53 WESTERN ((1334.44')) 1334.53' N89°27'40"W 56.00'
(N89° 33' 30"W 56.00')
S00°26'26"W 57.56'
(N00° 26' 30"E 57.46')
N89°43'46"W 340.00'
(S89°43'21"E 340.00')
S00°16'08"W 161.00'
(N00°16'11"E 161.00')
N89°43'49"W
330.63'
S47°30'19"W 27.54'
N89°45'23"W

56.02'
N89°27'16"W
103.87'
S00°26'30"W 208.71'
(N00°26' 30"W 208.71')
PHASE 1

BROWN AVENUE
N89°50'15"W 2650.44'
S89°43'48"E 2645.64'
N0°26'30"E 1324.84'
1325.22' 1325.22'
1322.82'
1322.82'
N0°32'41"E 1327.34' STREET
N00°32'44"E 26.90'
905.40'
(905.38')
S0°32'43"W 394.35' 791.61'
S89°43'49"E 15.37'
(N89°43'49"W 15.37')
S46°39'54"W 204.30'
(S46°40'09"W 204.30')
S58°07'55"W 49.97'
(N58°07'49"E 49.97')
S61°01'07"W 220.50'
(N61°01'01"E 220.50')
S51°18'15"W 223.71'
(N51°17'06"E 223.76')
REMAINDER 7.15 AC

POPLAR DITCH
(S0°32'43"W 394.35')
{N58°07'49"E 49.97'} {S46°40'09"W 204.30'}
{N61°01'01"E 220.50'}
{N51°17'06"E 223.76'}
164.68' BASIS OF BEARINGS N0°26'30"E 2659.38'
417.42' (417.42') N0°32'41"E 418.33'
FD. 2" BRASS CAP IN MON
WELL STAMPED RCE 16094
NE COR SEC 3-T22S R27E
PER 31-LS-38
FD. 2.5" RBR BRC IN WELL
NE 1/4 COR SEC 2-22/27
PER 31-LS-38
[N89°49'55"W 2640.80']
((N89°49'43"W 2640.80'))
S89°49'56"E 2640.88'
(N00° 38' 59"E 1329.92')
((N00° 38' 59"E 1329.92'))
[1329.92']
[N00° 38' 59"E 2659.85']
((1329.93'))
[1329.92']
E 1/4 COR SEC 3-T22S
R27E FD. BRASS TAG &
NAIL, TAG ILL.

PER 31-RS-38 1329.84' N0°38'51"E 2659.67' 1329.84'
FD. 2X2 O/S IN LIEU OF

C/L MONUMENT PER
44-MB-53

13.00'
[13.00']
TRACT MAP NO. _____

THE VILLAS AT SIERRA MEADOWS
PHASE 2
SHEET 2 OF 3

BASIS OF BEARINGS
THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, TAKEN AS N0°26'30"E AS SHOWN ON RECORD OF SURVEY MAP RECORDED IN BOOK 31 OF LICENSED SURVEYS AT PAGE 38, TULARE COUNTY RECORDS.

UNPLOTTABLE EASEMENTS OF RECORD

1. EASEMENT TO POPLAR IRRIGATION COMPANY, A CORPORATION, FOR WATER DITCH PURPOSES RECORDED APRIL 13, 1900 PER BOOK 97, PAGES 261-264 OF DEEDS.

2. EASEMENT TO MT. WHITNEY POWER AND ELECTRIC COMPANY FOR PUBLIC UTILITIES RECORDED AUGUST 1, 1913 PER BOOK 31, PAGE 256 OF CONTRACTS.

3. EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR PUBLIC UTILITIES RECORDED MARCH 4, 1953 AS DOCUMENT NO. 6978 OF OFFICIAL RECORDS.

LEGEND
NOTE: SET 3/4" I.P. WITH CAP LS 8006 AT ALL LOT CORNERS

AND BEGINNING AND ENDING OF CURVES

FOUND AND ACCEPTED MONUMENTS AS DESCRIBED
SET CITY STANDARD MONUMENT STAMPED LS 8006
FOUND 1/2" REBAR TAGGED PLS 4076 PER BOOK 44 OF MAPS AT PAGE 61 OFFICIAL RECORDS
RECORD DATA PER MAP THE VILLAS AT SIERRA MEADOWS PHASE 1 RECORDED IN BOOK 44 OF OF MAPS AT PAGE 61 OFFICIAL RECORDS RECORD DATA PER MAP RECORDED IN VOLUME 31 OF LICENSED
SURVEYS AT PAGE 38 T.C.R.

RECORD DATA PER MAP RECORDED IN VOLUME 44 OF MAPS AT PAGE 53 TULARE COUNTY RECORDS

UNRECORDED JAYE STREET PROPERTY SURVEY PLAT PREPARED BY THE CITY OF PORTERVILLE DATED 9/15/2018

LINE INDICATES SUBDIVISION BOUNDARY
15' WIDE PEDESTRIAN ACCESS EASEMENT
RADIAL

ILLEGIBLE
R
BEING A SUBDIVISION OF THE REMAINDER OF THE VILLAS AT SIERRA MEADOWS PHASE 1, AS RECORDED OF VOLUME 44 OF MAPS, AT PAGE 61, IN TULARE COUNTY RECORDS, BEING ALSO A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN,

IN THE CITY OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA CONSISTING OF 39 LOTS CONTAINING 7.35 GROSS ACRES, 5.07 NET ACRES AND A DESIGNATED REMAINDER CONTAINING 7.15 GROSS ACRES. TOTAL ACREAGE 14.50
JUNE 2021
ILL
www.borumlandsurveying.com

NOT TO SCALE
N

CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
LENGTH

48.92 24.13

33.81 12.43

99.91 RADIUS

50.00 50.00

50.00 50.00

50.00 DELTA
56°03'50"
27°38'55"
38°44'20"
14°14'49"
114°29'21"

TANGENT

26.62 12.30

17.58 6.25

77.72 RADIAL LINE TABLE
RADIAL #
R1
R2
R3
R4
R5
R6
R7

BEARING
N62° 07' 49"E
N61° 48' 21"W
N89° 27' 16"W
S0° 16' 13"W
S38° 28' 07"E
N24° 13' 18"W
S89° 43' 47"E

PARCEL LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
LENGTH

28.35 14.73

28.35 28.22

28.35 8.15

28.33 DIRECTION
S44° 35' 32"E
S0° 32' 44"W
S44° 35' 31"E
N45° 24' 29"E
N44° 35' 31"W
S89° 43' 47"E
S44° 38' 38"E N0°16'13"E 210.00'
RICHARD AVENUE 28'
FD. 1/2" RBR CAP
LS4076 N02°59'50"E

0.43' OF CORNER

NOT ACCEPTED

JOAN AVENUE MESA OAK STREET
FD. 1/2" RBR CAP LS4076
N03° 30'22"W 0.38'
NOT ACCEPTED 28' 28' 28' 28' 28' 28' 28'
28' 28'
28' 28'
28' 28'
(N0° 26' 30"E 208.71')
(N0° 16' 11"E 161.00')
(S89° 43' 49"E 340.00')
(S89°43'50"E 905.38') WESTERN
6' PUE (TYP)
6' PUE (TYP)
6' PUE (TYP)
PHASE 1
PHASE 1 44-MB-61

REMAINDER
BROWN AVENUE 25'
28' 28'
FD. 3/4" I.P. TAGGED
LS8006 PER 44-MB-61

REPLACED WITH

CITY STANDARD

BRASS DISC
FD. 3/4" I.P. TAGGED
LS8006 PER 44-MB-61

REPLACED WITH CITY

STANDARD BRASS DISC
LOT 1
6464 S.F. LOT 2
4987 S.F.

LOT 3
5250 S.F.

LOT 4
5250 S.F.

LOT 5
5250 S.F.

LOT 6
5250 S.F.

LOT 7
5250 S.F.

LOT 8
5250 S.F.

LOT 9
5250 S.F.

LOT 10
5250 S.F.

LOT 11
5250 S.F.

LOT 12
5250 S.F.

LOT 13
5250 S.F.

LOT 14
7146 S.F.

LOT 15
6600 S.F.

LOT 16
5670 S.F.

LOT 17
5250 S.F.

LOT 18
5250 S.F.

LOT 19
5250 S.F.

LOT 20
6930 S.F.

LOT 21
6930 S.F.

LOT 22
5250 S.F.

LOT 23
5250 S.F.

LOT 24
5250 S.F.

LOT 25
5670 S.F.

LOT 26
7165 S.F.

LOT 27
6930 S.F.

LOT 28
5250 S.F.

LOT 29
5250 S.F.

LOT 30
5250 S.F.

LOT 31
5670 S.F.

LOT 32
6650 S.F.

LOT 33
5286 S.F.

LOT 34
5286 S.F.

LOT 35
5286 S.F.

LOT 36
5286 S.F.

LOT 37
5286 S.F.

LOT 38
5286 S.F.

LOT 39
7095 S.F.

S89°43'47"E 604.80'
N0°32'44"E 445.74' 105.00' 105.00' 105.00' N0°16'41"E 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 85.10'105.00' 105.00' 105.00' S0°26'26"W 84.94'

66.00' 50.00' 50.00' 54.00' 50.25' 44.59' 54.00' 50.00' 50.00' 66.00'

54.80' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00'

50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 71.13'

66.00' 50.00' 50.00' 50.00' 54.00' 70.00'

65.00' 54.00' 50.00' 50.00' 50.00' 66.00'
103.87'
103.87'
103.87'
103.87'
103.87' 50.89' 50.89' 50.89' 50.89' 50.89' 50.89'
N89°27'16"W 103.87' 70.00'

45.41' 54.00' 50.00' 50.00' 50.00' 66.00'
S89°43'47"E 314.59'
S89°43'47"E 315.41'
S89°43'47"E 320.25'
S89°43'46"E 340.00'
N0°32'44"E 170.00'
L1 L2
L3
L4
L5
L6
L7 C1
C2
C3
C4 C5
R1
R2
R3
R7
R6
R5R4
S89°43'48"E 905.40'

69.00'
S0°32'41"W 1327.34'
15'
15' STREET
N00°26'26"E 57.56'
(N00° 26' 30"E 57.46')
N89°27'40"W 56.00'
(N89° 33' 30"W 56.00')
10' WATER LINE EASEMENT TO THE CITY
OF PORTERVILLE BK 4146, PG. 387 O.R.

N89°43'47"W 745.76' 84.90' S0°32'44"W 355.74' S0°16'13"W 105.00' 105.00' 105.00' S89°43'48"E 83.78'
N89°27'16"W 103.88' S0°16'13"W 87.50' 133.00' N0°16'13"E 105.00' 105.00'

50.00' 50.00'

50.00'
S89°45'23"E 56.02'
N47°30'19"E 27.54'
S89°43'49"E 330.63'
S89°43'49"E 15.37' N0°32'44"E 26.90'
S0°32'43"W 394.35' 50.40' 50.89' 50.89' 50.89' 50.89' 50.89' 50.89' 105.00' C/L 10' WIDE SANITARY SEWER

EASEMENT TO THE CITY OF
PORTERVILLE PER 44-MB-61 6'
6'
N89°43'47"W 378.64' N0°16'08"E 161.00' N0°26'30"E 208.71' 75.71' 131.88' 33.40'
6' PUE (TYP)

BASIS OF BEARINGS
THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, TAKEN AS N0°26'30"E AS SHOWN ON RECORD OF SURVEY MAP RECORDED IN BOOK 31 OF LICENSED SURVEYS AT PAGE 38, TULARE COUNTY RECORDS.

TRACT MAP NO. _____

THE VILLAS AT SIERRA MEADOWS
PHASE 2
BEING A SUBDIVISION OF THE REMAINDER OF THE VILLAS AT SIERRA MEADOWS PHASE 1, AS RECORDED OF VOLUME 44 OF MAPS, AT PAGE 61, IN TULARE COUNTY RECORDS, BEING ALSO A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN,

IN THE CITY OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA CONSISTING OF 39 LOTS CONTAINING 7.35 GROSS ACRES, 5.07 NET ACRES AND A DESIGNATED REMAINDER CONTAINING 7.15 GROSS ACRES. TOTAL ACREAGE 14.50
JUNE 2021
LEGEND
NOTE: SET 3/4" I.P. WITH CAP LS 8006 AT ALL LOT CORNERS

AND BEGINNING AND ENDING OF CURVES

FOUND AND ACCEPTED MONUMENTS AS DESCRIBED
SET CITY STANDARD MONUMENT STAMPED LS 8006
FOUND 1/2" REBAR TAGGED PLS 4076 PER BOOK 44 OF MAPS AT PAGE 61 OFFICIAL RECORDS
RECORD DATA PER MAP THE VILLAS AT SIERRA MEADOWS PHASE 1 RECORDED IN BOOK 44 OF OF MAPS AT PAGE 61 OFFICIAL RECORDS RECORD DATA PER MAP RECORDED IN VOLUME 31 OF LICENSED
SURVEYS AT PAGE 38 T.C.R.

RECORD DATA PER MAP RECORDED IN VOLUME 44 OF MAPS AT PAGE 53 TULARE COUNTY RECORDS

UNRECORDED JAYE STREET PROPERTY SURVEY PLAT PREPARED BY THE CITY OF PORTERVILLE DATED 9/15/2018

LINE INDICATES SUBDIVISION BOUNDARY
15' WIDE PEDESTRIAN ACCESS EASEMENT
RADIAL

ILLEGIBLE
R
SHEET 3 OF 3
ILL
www.borumlandsurveying.com
SCALE: 1"=
N
50'
0' 50' 100'
Item No. 7.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Approval of Amendment No. 4 to the Consultant Services Agreement with MuniServices, LLC
SOURCE: Finance
COMMENT:

The City currently has an ongoing consultant services agreement with MuniServices, LLC to perform revenue enhancement services pertaining to the examination of the City's sales or transactions and use tax records, including Measure H and Measure I district taxes. MuniServices is requesting an amendment to the contract, particularly Exhibit C, Section 5 - Compensation, to add an annual adjustment of five percent (5%) to the fixed fee portion of compensation. The only fixed fee in the current agreement is for the Sales Tax Analysis & Reporting Services of $3,000 per year, which has not changed since the inception of the contract in April 1995.

RECOMMENDATION: That the City Council approve Amendment No. 4 to the Consultant Services Agreement with MuniServices, LLC, adding a clause to increase the fixed fee portion of compensation annually by five percent (5%).

ATTACHMENTS: 1. Amendment No. 4 to the Consultant Services Agreement

2. Consultant Services Agreement: Exhibit C, Section 5
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
AMENDMENT NO. 4

TO THE CONSULTANT SERVICES AGREEMENT
This Amendment No. 4 is entered into as of July 1, 2023, by and between the City of Porterville, a municipal corporation ("City"), and MuniServices, LLC., a Delaware limited liability company ("Consultant"), collectively the Parties.

The City and Consultant agree as follows:

WHEREAS, the City and Consultant entered into a Consulting Services Agreement, effective April 18, 1995, to perform, among other things, Sales or Transactions and Use Tax Audit Services and Sales Tax Analysis & Reporting Services (the “Agreement”) and WHEREAS, the Parties desire to amend the Agreement to include Price Adjustment language for the Sales Tax Analysis & Reporting Services.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained here, the Parties hereby amend the Agreement as follows:

1. Exhibit C. Section 5. COMPENSATION is hereby amended to include the following language:

The fees/compensation associated with the Sales Tax Analysis & Reporting Services are adjusted annually at the beginning of each Term of the Agreement by five percent (5%).

2. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect.

3. In case of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall strictly prevail.

IN WITNESS WHEREOF, the parties are signing this Amendment on the date stated in the introductory paragraph.

MuniServices, LLC
Consultant
By: _________________________
____________________________
Name and Title
City of Porterville
A Municipal Corporation
By: _________________________
____________________________
Name and Title

Item No. 8.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Authorization to Negotiate a Consultant Agreement - Porterville Public Library Project
SOURCE: Engineering and Project Management
COMMENT: At its meeting on March 7, 2023, the City Council authorized the distribution of a Request for Qualifications (RFQ) for design services for the Porertville Public Library. On April 26, 2023, staff received sixteen (16) Statements of Qualifications (SOQs) for the design of the Porterville Public Library. Staff reviewed and rated the firms in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering and Similar Services" to narrow down the firms that would move on to the interview portion of the selection process. Of the sixteen (16) firms that submitted SOQs, seven were invited to move forward to the interview process.

Consultant interviews were conducted on May 22, 2023, and the firms were ranked based on a combination of the presentations given and the answer provided to a standard set of questions regarding the project. The results of the interviews are as follows (70 total points possible):
1) Paul Halajian Architects
Clovis, CA
62 pts
2) Steinberg Hart
Los Angeles, CA

60.1 pts
3) Johnson Favaro
Culver City, Ca
59 pts
4) Miller Hull w/ Andrew Goodwin
Designs
San Diego, CA (liaison office in
Porterville)

58.9 pts
5) Darden Architects
Fresno, CA

58.5 pts
6) HMC
Los Angeles, CA

53.7 pts
7) COAR Design Group
Santa Rosa, CA

49.8 pts
Staff is pleased with the qualifications of the listed consultants and their interest Item No. 8.
in the project and recommends negotiating a contract with the top-ranked firm.

Staff will seek Council approval of a Service Agreement at a later meeting.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate a scope of services contract with Paul Halajian Architects; and

2. Authorize staff to negotiate a scope of service contract with Steinberg Hart if staff is unable to negotiate an acceptable contract with Paul Halajian Architects.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

PORTERVILLE PUBLIC LIBRARY

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 LOCATOR MAP

N PLANO ST

W OLIVE AVE

SOUTH COUNTY

JUSTICE CENTER
Item No. 9.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Ratification of Emergency Expenditure - Walk-in Cooler - Airport Restaurant SOURCE: Finance
COMMENT: The walk-in cooler at the Airport restaurant (Airway Cafe) stopped working properly and became freezing over. Efforts were made to fix and correct the problem to no avail. The equipment is over twenty (20) years old and parts for this particular cooler are no longer manufactured. The cost of finding replacement parts and repairing the cooler will be too high.

Staff received a proposal from a local contractor, Serrato Heating & AC, to replace the walk-in cooler in the amount of $6,800, which includes the installation of the new equipment and the disposal of the old one. The equipment will have to be special-ordered and has a lead-way time of fifteen (15) days.

In order to minimize the disruption in the operation of the Airport restaurant, staff requested and received authorization from the Mayor to order the new walk-in cooler as an emergency purchase in accordance with Municipal Code Section 2-38, Emergency Expenditures/Appropriations. Funding is available from the Airport Operating Fund.

RECOMMENDATION: That the City Council ratify the emergency purchase of a walk-in cooler for the Airport Restaurant in the amount of $6,800, plus any applicable sales tax and shipping costs.

ATTACHMENTS: 1. Serrato Heating & AC Quote

2. Municipal Code 2-38 Emergency
ExpendituresAppropriations
Appropriated/Funded:

Review By:

Department Director:

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

2-38: EMERGENCY EXPENDITURES/APPROPRIATIONS:

An appropriation and/or expenditure of up to one hundred thousand dollars ($100,000.00) is authorized without additional prior council approval, if: a) the city manager has requested that such an appropriation/expenditure be made; b) the mayor has determined that the circumstances for the request constitute an extraordinary emergency, meaning that there is an immediate need to make such appropriation/expenditure for the preservation of the public peace, health or safety; and c) the city manager notifies the council of the specific appropriation/expenditure in writing. (Ord. 1704 § 1, 10-3-2006)
Item No. 10.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Authorization to Execute a Consultant Agreement with QK, Inc. - Parks Master Plan
SOURCE: Engineering and Project Management
COMMENT: At its meeting on May 2, 2023, the City Council authorized staff to begin negotiations for a scope and services contract with QK, Inc. for design services for the Parks Master Plan. This contract also includes the preparation of a draft Development Impact Fee and Quimby Act Study.

Staff was able to negotiate design services for the Parks Master Plan at a not to exceed price of $149,217. Funding for this work is available from the City's federal American Rescue Plan Act (ARPA) funds.

Staff has found the negotiated price acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the Parks Master Plan with QK, Inc. in the amount of $149,217;

2. Authorize the appropriation of $149,217 in federal American Rescue Plan Act (ARPA) funds to fund the project; and

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

ATTACHMENTS: 1. Draft Service Agreement

2. Scope of Services
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: June 6, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and QK, Inc, 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: Parks Master Plan.

Description of Project: In general, the consultant will develop a Parks Master Plan for the current and future needs of the City as summarized in Scope of Services as Attachment “A”.

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

SECTION 1. CONTRACT SERVICES:

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

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed One Hundred Forty-Nine Thousand Two Hundred Seventeen Dollars, ($149,217).

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

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

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all design “work directives” shall be completed in time to meet the various submittal deadlines for the grant. In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

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

SECTION 5. INDEPENDENT CONTRACTOR:

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

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

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

SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

SECTION 11. ENTIRE CONTRACT:

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

the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 12. DISPUTES; VENUE:

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

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

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

CITY OF PORTERVILLE CONSULTANT
By By

Date Date
May 26, 2023
Mr. Daniel Cervantez, City Engineer
Engineering & Project Management Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
Subject: Scope of Services, Schedule, and Fee for Preparation of Porterville Parks Master Plan City of Porterville, CA
Dear Mr. Cervantez:

QK is pleased to offer our services to the City of Porterville to prepare its Parks Master Plan (Master Plan). We are excited to work with the City to develop a Master Plan that will meet or exceed the General Plan’s objectives. Our plan will also provide exceptional access to various parks, trails, and recreational features for Porterville residents.

Attached is our Scope of Services, Schedule, and Fee Estimate for your review and consideration. We are happy to discuss our proposal with you and answer any questions you may have following your review.

Thank you for your confidence in the QK team. We look forward to beginning this important project with the City upon the signing of a contract.

Sincerely,
Christopher Mynk, AICP Jeff Cowart, PE
Principal Planner/Project Manager VP of Municipal Services & Quality Control Enclosures: Scope of Services, Schedule, and Fee Estimate Charge Rate Schedule
cc: Steve Brandt, QK
Mike Ratajski, QK
P230121

MR/SB/CM/JSC
Scope of Services, Schedule, and Fee Estimate
City of Porterville Parks Master Plan
City of Porterville – Parks Master Plan (P230121) Page 1 of 13 May 26, 2023

PROJECT UNDERSTANDING
The City of Porterville’s (City) goal is to develop a Parks Master Plan (Master Plan) to reflect the current and future user needs, demographics, facility conditions, priorities, and financial strategies and funding opportunities. The City also wants this updated Master Plan to comply with the City of Porterville General Plan.

We know that input from as many community members as possible is key to the success of the Master Plan. Many policies can be developed by listening to the input that the community provides. Our use of TurningPoint Technology “clicker” surveys embedded in our PowerPoint presentations have been very effective in getting the opinions of even the shyest participants who often prefer not to raise their hands and speak. We will create and oversee questionnaires and surveys so that the response to a question cannot be skewed to favor one position over another. We will gather input from the community using voting dots on exhibit boards. Spanish translation services at workshops and meetings will be provided by the City of Porterville.

We will conduct a needs assessment to identify the current and future recreation facility needs in Porterville, to identify recreation demand that is unmet, and to suggest the relative priority for each identified need. Needs will be identified and prioritized by engaging the community in public meetings and online or written surveys. A successful outreach program engages all generations, cultural groups, abilities, and incomes.

We also understand the overwhelming value of listening to Parks and Leisure staff, Public Works Department staff, the Porterville Parks and Leisure Commission, and City Council members. Scheduling interviews with them and their input will be included in the decision-making process during the development of the Master Plan.

Emerging trends will have impacts on current facilities and the development of new parks and recreation facilities.

We will examine national, regional, and local trends.

The Parks and Leisure Department is responsible for maintaining the aesthetic and recreational value of property including parks, athletic fields, and trails. Meeting the park and landscape maintenance needs of the City will require the QK team to identify costs for renovating existing parks, maintenance, and developing new parks. We will include funding opportunities to meet the challenges that the Parks and Leisure staff will face.

In compliance with the City’s General Plan and a review of and the intent of the Quimby Act, the City wishes to update park impact fees to fund the acquisition and development of land for park and recreation facilities, pursuant to the General Plan. A Park Development Impact and Quimby Act Fee Study will also be included as part of this Master Plan Scope of Services.

The QK team will provide a realistic and visionary guide for the creative, orderly development and management of parks and recreation facilities for the City of Porterville, now and into the future. The Master Plan findings and recommendations will be derived from town hall meetings, surveys, input from professional staff including maintenance personnel, and a detailed technical analysis and needs assessment. We propose the following scope of services.

APPROACH/SCOPE OF SERVICES
TASK 1.0 INITIAL DATA GATHERING
Subtask 1.1 Kick-Off Meeting and Field Data Collection
QK will attend a kick-off meeting with the City to review the scope of work, schedule, public outreach plan, identify key stakeholders, review anticipated products, and discuss current and future levels of park and landscape maintenance.

As part of this meeting, we will also review key meeting dates with the City and define specific goals and objectives for the Master Plan. Our first meeting with the City will also be our field data collection trip. The QK Team will tour City of Porterville – Parks Master Plan (P230121) Page 2 of 13 May 26, 2023
all the parks with City staff, take pictures, ask questions, get feedback on issues of maintenance, safety concerns, age, recreational needs, vandalism, graffiti, ADA needs, and other pertinent issues for each of the park. This one-day trip will include photos of the site for future use in public meetings and the Master Plan report document. This oneday field trip will be documented and addressed with City staff as described in Subtask 3.1.

Deliverables:
 Meeting Notes
 Field Notes and Photos from Parks Visit (to be incorporated in the Master Plan document) Subtask 1.2 Information Gathering / Data Research / Base Mapping QK will collect and analyze the community profile including geography, demographics, socio-economic conditions, and trends specific to the community that will affect Parks and Recreation considerations for the future.

QK will compile necessary base information, plans, studies, and recreation needs study materials that will be used in the development of the Master Plan. We will review the materials available and identify any missing data that may be needed for a thorough master plan. Utilizing existing base materials provided by the City in GIS format including plans, maps, topography, and other available data, we will develop exhibits for presentations, plans, and the document.

Deliverables:
 Base mapping and information that will be used for Master Plan efforts  Parks list by classification and characteristics
Subtask 1.3 Trends and National Benchmarks
QK will identify benchmark National Park and Recreation Association (NPRA) recommendations, along with regional trends. QK will prepare a benchmark analysis to compare Porterville with other agencies in park acreage, budgets, staffing numbers, revenue recovery, and facilities. QK will work with City staff to identify an appropriate list of potential cities to compare.

Deliverables:
 Benchmark trends analysis
Subtask 1.4 Project Management and Project Schedule
QK will provide overall project management the project, including day-to-day oversight of all work items identified in the scope of services, management of the project budget, responding to City staff questions/correspondence, preparing and submitting monthly invoices, and preparing and maintaining the project schedule.

Deliverables:
 Project Schedule with Milestones
 Response to questions/correspondence
 Invoices (monthly)
Subtask 1.5 Meetings with Staff
QK will hold no more than ten (10) meetings as needed (some may include teleconference with project update memo) with the City for project updates during the life of the project. QK’s Project Manager shall schedule the meetings, as necessary, at key times during the development of the Master Plan. The meetings are likely to include brief updates on the progress of the Master Plan and/or milestones where input from staff is needed.

City of Porterville – Parks Master Plan (P230121) Page 3 of 13 May 26, 2023
Deliverables:
 List of potential meeting/teleconference dates
 Agenda for each meeting
 Meeting notes following each meeting
TASK 2.0 PUBLIC ENGAGEMENT
Part of our proposed services is public outreach and community engagement to allow Porterville’s citizens to be involved in this project. We will provide a preliminary outreach plan to the City for review and incorporate City staff input into a revised final version.

Subtask 2.1 Public Outreach Plan
QK will prepare a public outreach plan and update the project schedule with dates for all meetings and presentations to be reviewed by the City staff for their input and acceptance. We anticipate two (2) public meetings as identified in the City’s task list. Each meeting will provide a variety of ways for participants to interact, learn, and engage in a way that is meaningful and comfortable (by providing a range of written and verbal input options and small and large group options). Experienced QK facilitators will guide the community through the workshops and ensure that all voices are heard and acknowledged.

QK anticipates that all meetings, including the joint session and City Council meeting will be noticed in the Porterville Recorder and with posters at several park sites. A recognizable logo will be created for the Parks Master Plan process that will be included in all advertisements.

Deliverables:
 Public Outreach Plan
 Updated Project Schedule
 Notices for the meetings in the Porterville Recorder; posters placed at up to four (4) city parks, City Hall, and the Porterville Senior Center; and Porterville Parks Master Plan logo Subtask 2.2 Stakeholder Interviews
We understand the overwhelming value of listening to Parks and Leisure staff, Public Works Department staff, the Porterville Parks and Leisure Commission, and City Council members. We will interview representatives during the decision-making process of Master Plan development so that their input will be effectively included in the final plan.

QK will conduct one (1) all-day stakeholder interview event to interview representatives from the following potential list of stakeholders:
 The Parks and Leisure Commission
 Local sports leagues
 Senior citizens’ representative (or focus group for later date in Subtask 2.4)  Youth Commission (or focus group for later date in Subtask 2.4)  Selected Park and Leisure staff member
 City Council members
 Fire and Police Department
 School Superintendent/Representative
QK will prepare a list of pertinent questions that will be reviewed by the City before this stakeholder meeting. Our questionnaire will include the opportunity for stakeholders to include any additional ideas, concerns, or thoughts that were not identified in the prepared list of questions. If any stakeholder is unable to attend an in-person interview, QK can arrange phone interviews.

City of Porterville – Parks Master Plan (P230121) Page 4 of 13 May 26, 2023
Deliverables:
 List of Questions to be Approved by the City
 Summary of comments received
Subtask 2.3 Community Survey
QK will develop a community survey and present it to City staff for review and comment. We will distribute the survey at community meetings and provide a version for the City to post on its website.

Following the survey period, QK will summarize the results and review them with Parks and Leisure staff. The summary will help guide the direction of new facilities and renovations/improvements for inclusion the Master Plan.

Note: Questions from the Community Survey may be included in both our community meeting presentations and in written format where respondents can provide their own additional unstructured comments.

Deliverables:
 Community Surveys
 Summary of the survey findings
Subtask 2.4 Focus Groups
QK will arrange targeted focus group meeting(s) to gather detailed information and interests of specific groups.

Examples of groups that can yield valuable input are the Porterville Youth Commission and Porterville Seniors. We could schedule focus group meetings with them either on the day of the public outreach meeting or during the youth commission’s monthly meeting and the Thursday Bridge Game at the Senior Center. Only two (2) focus groups are anticipated.

Deliverables:
 PowerPoint Presentation
 Agendas/Questionnaires for each meeting
 Meeting notes from each meeting
Subtask 2.5 Public Workshops
QK will conduct and prepare two (2) community workshops (detailed below) to provide various ways for participants to interact, learn, and engage in accessible and meaningful ways. Our facilitators will guide residents through workshops and allow all voices to be heard and acknowledged.

QK will provide meeting minutes for all Master Plan process public meetings. Spanish translation services at workshops and meetings will be provided by the City of Porterville.

Workshop 1: Introduction
Workshop 1 will include, at a minimum:
 Overview of the Parks Master Plan, planning process, and a brief image tour of current City parks  Timeline for Master Plan completion
 Review of local, regional, and national trends
 Map of the City’s Parks and Trails System
 Summary of comments received from Stakeholder Interviews  Community Survey
City of Porterville – Parks Master Plan (P230121) Page 5 of 13 May 26, 2023
We will schedule this two-hour meeting preferably during evening hours to facilitate public attendance. It will consist of a digital presentation and a question-and-answer period. We will also include exhibit boards that will be used with “voting dots” to identify the following:

1. Where residents live

2. Preferred City Park or Parks’

3. Preference for types of recreational amenities
Deliverables:
 PowerPoint Presentation
 TurningPoint Survey imbedded into PowerPoint Presentation  Community Survey Handout
 Exhibit Boards as indicated
 Summary of meeting responses
Workshop 2: Renovations & New Parks
Workshop 2 will include, at a minimum:
 Summary of survey results and input gathered during Workshop 1  Additional survey questions on various topics
 Timeline for Master Plan completion
QK will ask participants to prioritize facilities for new and renovated parks and to select their preferred locations for facilities, for example, such as skateparks, pickleball courts, and new restrooms. The second workshop is intended to be a prelude to the draft Master Plan. The contents of the workshop will be reviewed and approved by City staff.

Workshop Tools
We will use a TurningPoint Technology clicker survey embedded in our PowerPoint presentation. Our past outreach experience has shown that workshop participants enjoy providing their responses to questions with a clicker that allows everyone in the audience to have a voice.

We will also use exhibit boards with images of City parks for participants to write comments and ideas on Post-It notes and attach them to any of the exhibit boards. Participants will be able to view the boards before and after the event as well as during a brief break. Our team members will be available at the event entrance to hand out voting dots so residents can select the image of their favorite/preferred recreational activity on exhibit boards.

Using the City’s current Mission Statement, we will work with the community to develop a preliminary set of Parks Master Plan goals and policies based on input from the community at the workshops. The Porterville Parks and Leisure department’s mission of “enhancing quality of life by providing opportunities for public enjoyment, inspiration, education, personal development and cultural enrichment - and providing clean, safe, well-designed parks and facilities” is an ideal starting point for the process of developing goals and policies.

Deliverables:
 Exhibit Boards as needed (i.e., Images of typical recreational facilities/amenities; City aerial map; City parks systems map)
 PowerPoint Presentation
 TurningPoint Survey
 Summary of survey responses
 We will provide the material presented at each meeting for uploading to the City's website for public consumption and comment.

City of Porterville – Parks Master Plan (P230121) Page 6 of 13 May 26, 2023
Subtask 2.6 Public Meeting Notification
All workshops will be announced in the Porterville Recorder newspaper and through posters at the most popular park sites (up to 4), City Hall, and the Senior Center. We will help create a recognizable logo for the Master Plan process that will be included in all advertisements.

QK will prepare the advertisement for the newspaper and posters for the meetings. The cost of the newspaper advertisements will be a reimbursable expense. QK will maintain a list of participants (typically provided by the Parks and Leisure Department from past public events) that will be noticed via email for future Master Plan public events and as additionally collected from the public workshops. A sign-in sheet will be located at the entrance to each event for participants to sign.

Deliverables:
 Public meeting notifications
 Sign-up sheet maintained by QK
TASK 3.0 INVENTORY AND ANALYSIS
Subtask 3.1 Physical Analysis
After QK visits each City park during Subtask 1.1, we will identify any maintenance or safety concerns and prepare a summary of existing conditions and inventories, including recommendations for renovation. The physical inventory will include the following:
 Location
 Size and boundary
 Use (mini-park, neighborhood, community or regional, trail)  Current conditions
 Renovation needs
 Park facilities, including park/ponds
The inventory will be reviewed by City Staff to ensure accuracy and completeness before proceeding with the analysis.

The analysis will include:
 System gaps. Conduct a “gap” analysis between the community’s needs and the existing inventory. Compare the previous Parks Master Plan standards with current parks and facilities and identify needs.  Operations and maintenance issues and requirements.
 Potential for increased recreational opportunities, including potential joint use with schools, storm basins, and with other organizations.
 Opportunities for expansion of existing parks and recreation facilities.  Opportunities for modifications to improve long term sustainability.

Analysis of the City’s recreational programs will determine the level of recreational needs currently being met by the City and to identify those recreational areas that are lacking or not being served in Porterville. This task will also include the review and identification of potential locations to expand the City’s recreational facilities, identifying potential revenue sources, and operating/maintenance requirements.

City Mapping
QK will develop exhibits for presentations, plans, and the Master Plan as needed using existing base materials provided by the City in GIS format (e.g., plans, maps, topography). During this process, we anticipate the City's collaboration and support in providing any additional assistance required.

City of Porterville – Parks Master Plan (P230121) Page 7 of 13 May 26, 2023
Through this collaborative approach, QK aims to deliver a clear and effective Master Plan that meets the needs of the community and serves as a strong foundation for future park and recreational development.

Deliverables:
 Inventory and Analysis of Porterville City Park system Subtask 3.2 Level of Service
QK will collect and analyze information on participation, needs, desires, operations, programming and land use trends and make level of service recommendations. Identify areas of service shortfalls and projected impact of future trends.

QK will identify the level of service for community and neighborhood parks, including the location, based on the General Plan, scale, and scope of future proposed parks.

Deliverables:
 Draft memo and list of projects and program elements that depict the level of service for existing and future parks and programs.
 Level of Service exhibit
Subtask 3.3 Recommendations for Renovation
QK will Identify recommendations for renovation after the site visit to city parks and facilities completed in Subtask

1.1).

Deliverables:
 List of renovations by park and recreation facility
Subtask 3.4 ADA Recommendations
QK will address accessibility in parks, with consideration of ADA guidelines and requirements. The California Code of Regulations, Title 24, Part 2 mandates that all publicly funded buildings, structures, and related facilities shall be accessible to and usable by persons with disabilities. These regulations pertain to Porterville’s public buildings, parks, and facilities that were constructed using state, City, or municipal funds or that are owned, leased, rented, contracted, or sublet by the City.

QK’s field reconnaissance and Master Plan will identify necessary modifications to playgrounds and public sidewalks to meet accessibility requirements and best practices and create a more accessible community. We will include a detailed summary of ADA access needs per facility in the Master Plan.

Deliverables:
 List of recommendations by park and facility.

TASK 4.0 IMPLEMENTATION
Subtask 4.1 Develop 15-Year Implementation Plan
QK will develop a 15-year parks development Implementation Plan, including a proposed schedule and cost projections. Any new developments should include an estimated annual maintenance cost. We will meet with City staff to discuss our findings and revise as required.

Deliverables:
 15-Year Implementation Plan with schedule and cost projections City of Porterville – Parks Master Plan (P230121) Page 8 of 13 May 26, 2023
Subtask 4.2 Develop Action Plan with Phased Goals, Objectives & Policies and Program for Renovation and New Development
QK will develop an action plan which includes strategies, priorities and an analysis of budget support and funding mechanisms for short-term, mid-term and long term for park maintenance operations and recreation programs and services.

The Master Plan must include phased goals, plans, objectives and policy statements that articulate a clear vision and "road map" and model for the Parks and Leisure Department’s future.

QK will develop a definitive program for renovation and development of recreation facilities and administration of facilities for the future.

Deliverables:
 Action plan with strategies, priorities, and budget analysis  Master Plan roadmap of goals, objectives, and policies  Program for renovation and development
Subtask 4.3 General Plan Compliance
QK will develop a section in the Master Plan on compliance with the City’s General Plan goals, objectives, and policies.

Deliverables:
 Section in Master Plan detailing General Plan compliance Subtask 4.4 CEQA Compliance
QK will review the Master Parks Plan for consistency with the Porterville General Plan and Final EIR. We expect that 15061 (b)(3) activity falls under the common-sense exemption of the California Environmental Quality Act (CEQA).

This exemption applies when it is certain that the activity in question will not have a significant impact on the environment. If there is no possibility of a significant environmental effect, the activity is not subject to CEQA.

We will create a Notice of Exemption (NOE) to serve as evidence that supports our determination regarding the adequate level of effort required for CEQA compliance. QK will post the NOE with the State Clearinghouse and the County Clerk. If the City receives any comments regarding the use of this exemption, a full environmental review may be necessary. At that time, QK can provide a contract amendment with a scope of work and fee to complete that work.

Deliverables:
 Notice of Exemption (NOE)
Subtask 4.5 Identify Opportunities for Funding, Partnerships, and Acquisition Alternatives QK will identify opportunities for available funding, partnership, and acquisition alternatives. Opportunities identified will be detailed in a section of the Master Plan.

Deliverables:
 Section in Master Plan document identifying potential funding sources Subtask 4.6 Options for adoption of Quimby Act and Development Impact Fee QK will prepare a memo describing the opportunities for, and legal limitations of, adopting a Quimby Act fee and increasing the park impact fee. The legal limitations described in Government Code Section 66477 (Quimby Act) and City of Porterville – Parks Master Plan (P230121) Page 9 of 13 May 26, 2023
Government Code Section 66000 et. seq. (Fees for Development Projects) will be summarized in the memo. If the analysis, as applied to Porterville, yields multiple options for moving forward, the memo will describe the options so that direction can be given by the City on what fee increases should be studied in the Development Impact Fee and Quimby Act Study that will be prepared in Task 7.0.

Deliverables:
 Administrative Draft Memo regarding Quimby Act and Parks Development Impact Fee  Final Draft Memo regarding Quimby Act and Parks Development Impact Fee TASK 5.0 DRAFT MASTER PLAN
Subtask 5.1 Administrative Draft Master Plan
QK will produce an Administrative Draft Master Plan for review by the City staff prior to public release. An overall strategy for implementation of the proposed improvements will be developed. The Plan will include:
 Executive Summary. The Plan’s Executive Summary is typically fewer than twenty pages and consists of an overview of the plan with applicable charts, tables, and graphics.  Introduction. The Introduction will include the purpose for conducting a Parks Master Plan, how the Plan document is organized, and the Location and Geographic Context of the City of Porterville.  Community Profile | Demographics. QK will collect and analyze Porterville’s community profile including geography, demography, socioeconomic conditions, and trends that may affect future community parks and recreation considerations.
 Existing Conditions. QK will provide a summary of existing conditions, inventories, and level-of-service analysis that includes identifying areas that fall short of applicable standards (i.e., regional, state, and national).
 Trends. QK will identify NPRA recommendations/benchmarks and regional trends. We will work with City staff to identify an appropriate list of cities with which to perform a benchmark analysis that compares Porterville with its peers in terms of park acreage, budgets, staffing, revenue recovery, and applicable facilities.
 Park Classification Guidelines. QK will help the City develop park classification guidelines for future parks so that they will be adequately sized and feature suitable amenities for their intended purpose. These classifications will encompass both recommended and optional amenities for each park category.  Facility Needs Summary. This section of the Master Plan synthesizes data from diverse sources, such as public and staff input, relevant studies, and analyses, to create a comprehensive overview of recreation facilities tailored to meet the needs of Porterville residents. We will gather input for this section through various channels, including community surveys, stakeholder interviews, and public feedback. The Facility Needs Summary then prioritizes these needs based on the frequency and significance of input received. As a result, the more frequently a particular need is identified by the public, the higher it is ranked, so that the Master Plan accurately reflects the community's preferences and requirements.  Action | Implementation Plan. The implementation plan consists of strategies, priorities, and a budgetary analysis aimed at delivering the short-term, mid-term, and long-term sustainability and planned growth of the Parks and Leisure system. It identifies responsible parties and their roles and outlines specific action items and timelines for each task, ultimately leading to the successful implementation of renovated and new park projects. Moreover, the plan offers clear and practical definitions and recommendations for designated park and open space areas, including defining acreages and setting appropriate parameters. This comprehensive City of Porterville – Parks Master Plan (P230121) Page 10 of 13 May 26, 2023
approach verifies that the park and open space system meets the needs and expectations of the community, both now and in the future.
 Goals | Policies. QK will offer recommendations and strategies for goals and policies that incorporate feedback gathered from the community, Parks and Leisure Commission, staff, and other stakeholders. We will develop written goals, targets, and policy statements that present a clear vision, serving as a road map to park services. Additionally, QK will conduct a thorough analysis of the Quimby Act in relation to the City of Porterville for help in identifying future park impact fees.  Prioritization Plan. QK will develop a plan that prioritizes renovations and improvements to existing parks, trails, and facilities as well as prioritize planned future facilities. We will base our prioritization on the following factors:
o Urgent need, specifically in cases of outdated or unsafe areas and equipment o High-use areas and equipment
o Vandalism history
o Community input
o Parks and Leisure staff input
o Facility tour
 Phasing Plan. QK will break our prioritized list of projects and actions into short-, medium-, and long-term phases based on their cost, complexity, implementation readiness, and other relevant factors.  Cost Estimates. QK will provide order-of-magnitude construction cost estimates for the recommended repairs and improvements. A detailed order-of-magnitude cost estimate will be located in the Appendix of the Master Plan document.
 Land Acquisition & Development Plan. This section includes a plan with guidelines and cost assumptions for land development for future parks, recreation facilities, and trails. We will include annual inflation assumptions.
 Funding Sources. QK will identify specific potential capital funding sources to facilitate improvements, including eligible grant programs.
 Operations & Maintenance (O&M) Plan, Expenses, and Staffing. This plan will identify required O&M tasks, associated costs, and responsible parties. A comparable park and recreation agency dedicates 44% of its operating budget to parks and 43% to recreation. Additionally, staffing accounts for 54% of the total operating budget. We expect to recommend similar percentages in Porterville’s Master Plan.  General Plan Compliance. This section will demonstrate the Parks Master Plan’s compliance with Porterville’s General Plan and a determination regarding the adequate level of effort required for CEQA compliance.  Appendices. To be determined.

Deliverables:
 Administrative Draft Master Plan
Subtask 5.2 Draft Master Plan
QK will refine the Administrative Draft Master Plan based on comments from City staff and prepare a Draft Master Plan for review during a joint session with the Parks and Leisure Commission and City Council (Subtask 5.3).

Deliverables:
 Draft Master Plan
City of Porterville – Parks Master Plan (P230121) Page 11 of 13 May 26, 2023
Subtask 5.3 Joint Session
QK will facilitate a joint session with the Parks and Leisure Commission and City Council to review all information received to date and to hear their recommendations for key elements of the draft Master Plan. One of the key topics of this meeting will be to present recommendations for long term park sustainability. QK will refine the document based on comments received.

Deliverables:
 PowerPoint presentation
 Summary of comments received
TASK 6.0 FINAL MASTER PLAN
Subtask 6.1 City Council Meeting
QK will meet with City Council to review all information received to date and to present the draft final Master Plan for final comment and approval.

Deliverables:
 PowerPoint presentation
 Summary of comments received
 Draft of final Master Plan document
Subtask 6.2 Final Master Plan
QK will refine the Parks Master Plan Update as needed based on any directed City Council changes to the Draft Master Plan.

Deliverables:
 Final adopted Master Plan
TASK 7.0 DEVELOPMENT IMPACT FEE AND QUIMBY ACT STUDY
Subtask 7.1 Literature/Data Review, Data Collection, and Development QK and Porterville staff will meet to confirm the scope of the Impact Fee and Quimby Act Study using information from the memo prepared in Subtask 4.6. The policies cost estimates prepared in the Parks Master Plan will be reviewed along with the parks policies in the General Plan. These documents will ultimately be used to model a fee structure that meets the infrastructure needs identified in the various documents to accommodate projected growth identified within the General Plan. The research in the task will be used to write the Impact Fee and Quimby Act Study.

Subtask 7.2 Administrative Draft Impact Fee Study
QK will prepare an Administrative Draft of the Impact Fee and Quimby Act Study for City staff review. The Administrative Draft will include a draft fee structure, population projections, and costs that will be covered by Impact Fees and/or Quimby Act dedications and in-lieu fees.

The Impact Fee and Quimby Act Study will also identify a system for fairly providing Impact Fee credit to developers that construct improvements that are meant to be funded by Impact Fees. Finally, the study will compare the proposed fees with previous fees and fees of surrounding jurisdictions. QK will meet to go over comments with City staff related to the Administrative Draft so that the Public Draft can be refined and acceptable to City staff by the time the Study is released publicly.

City of Porterville – Parks Master Plan (P230121) Page 12 of 13 May 26, 2023
Deliverables:
 Administrative Draft Development Impact Fee and Quimby Act Study  Follow-up meeting to discuss comments with City Staff Subtask 7.3 Public Draft Impact Fee Study
QK will prepare a Public Draft of the Impact Fee and Quimby Act Study based upon the comments received in Subtask

7.2. This draft will be intended for public distribution and review prior to the public hearing. State law requires that the local Building Industry Association chapter receive a copy of the study at least 30 days before the public hearing to adopt a new fee. QK will present the Impact Fee and Quimby Act Study at a public hearing of the City Council.

Deliverables:
 Draft Development Impact Fee and Quimby Act Study
 Attendance at up to two (2) public meetings
 Final Development Impact Fee and Quimby Act Study

SCHEDULE
Our proposed schedule to complete the Scope of Services above is included at the end of this document.

FEE ESTIMATE
Our total proposed fee for the above tasks identified by this scope of services is a fixed fee of $149,217.00, which includes labor and reimbursable expenses such as mileage and printing cost. This also includes up to ten (10) informal meetings with City staff and the public meetings as described above. Any additional meetings or tasks not identified here will require additional fees.

Task Description Fee Type Fee Amount

1.0 INITIAL DATA GATHERING

1.1 Kick-Off Meeting and Field Data Collection Fixed Fee $4,272.00

1.2 Information Gathering / Data Research / Base Mapping Fixed Fee $3,742.00

1.3 Trends and National Benchmarks Fixed Fee $1,358.00

1.4 Project Management and Project Timeline Fixed Fee $3,238.00

1.5 Meetings with Staff (up to 10) Fixed Fee $4,608.00

2.0 PUBLIC ENGAGEMENT

2.1 Public Outreach Plan Fixed Fee $1,412.00

2.2 Stakeholder Interviews Fixed Fee $4,580.00

2.3 Community Survey Fixed Fee $1,748.00

2.4 Focus Groups Fixed Fee $4,781.00

2.5 Public Workshops (2) Fixed Fee $13,102.00

2.6 Public Meeting Notification Fixed Fee $1,358.00

3.0 INVENTORY AND ANALYSIS

3.1 Physical Analysis Fixed Fee $2,600.00

3.2 Level of Service Fixed Fee $3,722.00

3.3 Recommendations for Renovation Fixed Fee $5,972.00

3.4 ADA Recommendations Fixed Fee $7,230.00

4.0 IMPLEMENTATION

4.1 Develop 15-Year Implementation Plan Fixed Fee $4,450.00

4.2 Develop Action Plan with Phased Goals, Objectives & Policies and Program for Renovation and New Development
Fixed Fee $7,992.00

4.3 General Plan Compliance Fixed Fee $4,074.00

4.4 CEQA Compliance Fixed Fee $2,340.00
City of Porterville – Parks Master Plan (P230121) Page 13 of 13 May 26, 2023
Task Description Fee Type Fee Amount

4.5 Identify Opportunities for Funding, Partnerships, and Acquisition Alternatives
Fixed Fee $4,520.00

4.6 Options for Adoption of Quimby Act and Development Impact Fee Fixed Fee $7,042.00

5.0 DRAFT MASTER PLAN

5.1 Administrative Draft Master Plan Fixed Fee $22,757.00

5.2 Draft Master Plan Fixed Fee $7,210.00

5.3 Joint Session Fixed Fee $4,228.00

6.0 FINAL MASTER PLAN

6.1 City Council Meeting Fixed Fee $3,628.00

6.2 Final Master Plan Fixed Fee $4,295.00

7.0 DEVELOPMENT IMPACT FEE AND QUIMBY ACT STUDY

7.1 Literature/Data Review, Data Collection, and Development Fixed Fee $1,774.00

7.2 Administrative Draft Impact Fee Study Fixed Fee $6,042.00

7.3 Public Draft Impact Fee Study Fixed Fee $5,142.00
Total Fee $149,217.00
Notes:

1. Expenses for reproduction, mailing, mileage, etc. are included in the fixed fee above and billed per our attached Charge Rate Schedule.

2. Tasks billed by fixed fees will be invoiced monthly based on the percentage of work completed.

3. Additional Services requested in writing and approved by the client will be provided on a time-and-materials basis.

4. The Fee Estimate and Schedule are good for a period of 90 days from the date of the proposal. After 90 days, the Fee Estimate and Schedule are subject to change.

EXCLUSIONS AND ASSUMPTIONS
 We expect a Notice of Exemption will be used for CEQA compliance. If the City receives any comments regarding the use of this exemption, a full environmental review may be necessary. At that time, QK can provide a contract amendment with a scope of work and fee to complete that work.  Spanish translation services at workshops and meetings will be provided by the City of Porterville.  Professional engineering or land surveying services excluded.

AUTHORIZATION OF SERVICES
In order to authorize services described herein, please send us an Agreement. Typically, we can begin our services within 5 business days of the time authorization is received depending on client need and schedule constraints.

QK Project Manager: Christopher Mynk, AICP
Project Name: Porterville Parks Master Plan QK Proposal No. P230121

1.1 Kick-Off Meeting and Field Data Collection1.2 Information Gathering / Data Research / Base Mapping1.3 Trends and National Benchmarks1.4 Project Management and Project Timeline 1.5 Meetings with Staff (up to 10)2.1 Public Outreach Plan 2.2 Stakeholder Interviews2.3 Community Survey 2.4 Focus Groups 2.5 Public Workshops Workshop 1: IntroductionWorkshop 2: Renovations & New Parks

2.6 Public Meeting Notification 3.1 Physical Analysis3.2 Level of Service3.3 Recommendations for Renovation3.4 ADA Recommendations4.1 Develop 15-Year Implementation Plan4.2 Develop Action Plan with Phased Goals, Objectives & Policies and Program for Renovation and New Development

4.3 General Plan Compliance4.4 CEQA Compliance 4.5 Identify Opportunities for Funding, Partnerships, and Acquisition Alternatives4.6 Options for Adoption of Quimby Act and Development Impact Fee5.1 Administrative Draft Master Plan5.2 Draft Master Plan5.3 Joint Session 6.1 City Council Meeting6.2 Final Master Plan TASK 7.0 - DEVELOPMENT IMPACT FEE AND QUIMBY ACT STUDY

7.1 Literature/Data Review, Data Collection, and Development7.2 Administrative Draft Impact Fee Study7.3 Public Draft Impact Fee Study LEGEND:

Notice to Proceed Deliverables Stakeholder Interviews, Focus Groups, or Public Workshops Project Completion Kick-off Meeting with City Staff Meetings with City Staff Joint Session or City Council Meeting TASK 6.0 - FINAL MASTER PLANTASK 2.0 - PUBLIC ENGAGEMENT TASK 3.0 - INVENTORY AND ANALYSIS TASK 4.0 - IMPLEMENTATION TASK 5.0 - DRAFT MASTER PLAN TASK 1.0 - INITIAL DATA GATHERING October November December January 2024 February March

SCHEDULE
Client Name: City of Porterville
Task Description 2023
June
2023 July August September April May June
Months following Notice to Proceed
2024
Charge Rate Schedule
Item No. 11.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Porterville College Landscape Phasing
SOURCE: Engineering and Project Management
COMMENT: Porterville College is implementing its Facilities Master Plan for the campus.

As part of the Master Plan for the College, the circulation for College Avenue would no longer extend onto Main Street, as a new road (Triunfo Avenue) would connect Main Street and Plano Street. The roads for College Avenue and Triunfo Avenue will be constructed by the College to City Standards.

The College is requesting that the landscape portion of the roads be allowed to be completed in two phases. The first phase will be installed when the roads are constructed. The second phase of the landscape would be installed once construction begins on the adjacent facilities as defined in the provided exhibit.

Staff reviewed the proposed phasing and found the phasing to be reasonable.

RECOMMENDATION: That the City Council approve the phasing of the landscape improvements along the proposed College and Triunfo Avenue project.

ATTACHMENTS: 1. College and Triunfo Avenues Proposed Landscape Phasing Exhibit
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
PHASE 1 PHASE 1 PHASE 1 PHASE 1 PHASE 1 PHASE 1 PHASE 1 PHASE 1 TREES SYMBOL CALLOUT BOTANICAL NAME/COMMON NAME SIZE COMMENTS WULCOS A LAGERSTOEMIA 'CHEROKEE'' / CRAPE MYRTLE 24" BOX STANDARD L B PISTACIA C. 'KEITH DAVEY' / CHINESE PISTACHE 24” BOX STANDARD M C KOELREUTERIA PANICULATA / GOLDENRAIN 24” BOX STANDARD M D FUTURE PHASE TREES (TBD) PHASING PHASE 1 LANDSCAPE - STREET TREE CLUSTERS + ROUNDABOUT + ENTRIES PHASE 2 LANDSCAPE - REMAINING STREET TREES AND SHRUBS FUTURE PHASE LANDSCAPE - PARKING LOTS + PEDESTRIAN CONNECTION TO CAMPUS TREES PLANT CALLOUT TRIUNFO STREET COLLEGE AVENUE OUR LANDSCAPE CONCEPT WILL PROVIDE SITE APPROPRIATE PLANTING IN ADHERENCE TO THE CITY OF PORTERVILLE'S LANDSCAPE ORDINANCE. LANDSCAPE WILL BE LOCATED AT THE INTERSECTIONS WITH SOUTH PLANO STREET AND SOUTH MAIN STREET, AND AT THE PROPOSED ROUNDABOUT ON TRIUNFO AVENUE. SCOPE INCLUDES: · PLANTING ALONG THE SOUTH SIDE OF TRIUNFO AVENUE TO SCREEN REACHES OF THE WEATHERED FENCING IS PROPOSED ALONG WITH CLUSTERS OF LANDSCAPE ALONG COLLEGE AVENUE WHICH PARALLELS JAMISON STADIUM. · ADDITIONALLY, WE PROPOSE TO MAINTAIN EXISTING VEGETATION ALONG THE PROJECT ROUTE, AS POSSIBLE. · LAST, THE PROPOSED SPORTS COMPLEX LANDSCAPING IS DEPICTED ALONG WITH PROPOSED TREES THAT WILL BE INSTALLED AS PART OF FORTHCOMING PARKING LOT IMPROVEMENTS.

MAIN STREET

PLANO STREET JAMISON STADIUM SPORTS COMPLEX FARMERS TRACTOR AND EQUIPMENT N

℄ TRIUNFO STREET

COLLEGE AVENUE

TRIUNFO STREET

COLLEGE AVENUE
℄ TRIUNFO STREET

COLLEGE AVENUE

TRIUNFO STREET

COLLEGE AVENUE

TRIUNFO STREET

COLLEGE AVENUE
Item No. 12.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Request for Approval of the Self-Performed Street Maintenance Program for Fiscal Year 2023-2024
SOURCE: Public Works
COMMENT: Staff is requesting the expenditure of $2,000,000 in Fiscal Year 2023-2024 for the Self-Performed Street Maintenance Program. In addition to work performed in support of Annexation Projects, staff has prepared a list of street sections that qualify for this fiscal year's Self-Performed Street Maintenance Program; qualification is based on the pavement condition index and the potential that this repair work will prolong the need for reconstruction and improve existing conditions. The proposed treatment is a typical grind out and pave back using an asphalt paver with Asphalt Concrete Hot Mix and/or a traditional cold mix curb-to-curb overlay. The street sections identified are as follows:

STREET FROM TO

Thurman Avenue Cobb Way Maston Street
Cobb Way Cleveland Avenue Thurman Avenue
Kessing Street Putnam Avenue Cleveland Avenue
Kanai Avenue Wisconsin Street Cloverleaf Street
Kanai Avenue Indiana Street Cottage Street
E Street Morton Avenue Thurman Avenue
Grand Avenue Indiana Street Cottage Street
Road 238 Avenue 178 Johns Drive
Avenue 178 Road 238 Main Street
Beverly Street Mulberry Avenue San Lucia Avenue
San Lucia Avenue Beverly Street Lindale Street
Jean Avenue Lindale Street Lowery Street
D Street Olive Avenue Orange Avenue
Walnut Avenue E Street F Street
F Street Gibbons Avenue North End
Gibbons Avenue Jaye Street F Street
Luisa Avenue Silver Maple Street Red Oak Street
Silver Maple Place Luisa Avenue North End
Item No. 12.

Red Oak Street Luisa Avenue Terry Court
Wellington Street Luisa Avenue Monache Lane
White Chapel Way Kensington Street East End
Aurora Avenue Delta Street Balmayne Way
Balmayne Way Aurora Avenue North End
C Street Orange Avenue Date Avenue
Crestview Street Putnam Avenue Hillcrest Street
Rio Vista Avenue Rio Bonito Street Carmella Street
Tule Court Carmella Street West End
Alamo Court Rio Bonito Street East End
Newcomb Street (n/b) Slough Bridge Henderson Avenue
Main Street Henderson Avenue Scenic Drive
Main Street Scenic Drive 1041 N. Main Street
Main Street 1041 N. Main Street 1187 N. Main Street
Main Street 1187 N. Main Street Westfield Avenue
Henderson Avenue (e/b) Balmoral Drive Mathew Street
Henderson Avenue (e/b) Mathew Street Belmont Street
Henderson Avenue (e/b) Belmont Street Patsy Street
Henderson Avenue (w/b) State Route 65 1265 W. Henderson Ave Olive Avenue (e/b) G Street F Street
Olive Avenue (e/b) E Street Railroad Tracks
Olive Avenue D Street Hockett Street
Morton Avenue Porter Road Indiana Street
Morton Avenue Indiana Street Cottage Street
Morton Avenue Cottage Street Villa Street
Morton Avenue Villa Street Pearson Drive
Morton Avenue Pearson Drive Kessing Street
Morton Avenue Kessing Street G Street
Morton Avenue G Street E Street
Morton Avenue E Street Main Street
Morton Avenue Main Street 4th Street
Morton Avenue 4th Street Roche Street
Morton Avenue Roche Street Plano Street
Westwood Street Scranton Avenue North City Limits
Scranton Avenue Westwood Street East City Limits
Scranton Avenue Newcomb Street West 1,000 Feet
Newcomb Street Scranton Avenue North City Limits
Surface Transportation Program funds, Measure I and Measure R Local funds are the sources of funding for this program.

RECOMMENDATION: That the City Council:

Item No. 12.

1. Approve the Fiscal Year 2023-2024 Self-Performed Street Maintenance Program; and

2. Authorize the expenditure of $2,000,000 in Fiscal Year 2023- 2024 for the Self-Performed Street Maintenance Program.

ATTACHMENTS: 1. Proposed Local Streets Overlay Projects Map

2. Proposed Arterial/Collector Overlay Projects Map

3. Morton Avenue Cold Mix Overlay Map

4. Airport Area Cold Mix Overlay Map
Appropriated/Funded:

Review By:

Department Director:

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

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Item No. 13.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Asphalt Grinding Program for Fiscal Year 2023-2024 SOURCE: Public Works
COMMENT: Staff is seeking City Council authorization for the expenditure of funds to contract with a grinding contractor for annual services. Such a contract would secure pricing for services and would greatly improve the efficiency and quality of efforts for the Fiscal Year 2023-2024 Overlay season. It is proposed that the grinding services consist of the milling of city streets, gutters edge, and the blending of existing asphalt during dig-outs and transitions through the project areas. The proposed services would help maintain or replace the asphalt with the proper thickness, which is critical for the longevity and durability of overlay projects.

With the utilization of a grinding contractor, City staff are capable of overlaying streets that have a lower than normal Pavement Condition Index (PCI) rating in lieu of complete reconstruction, resulting in a quality finished product.

Maintenance actions combined with this process would add years to the life of a street, and the cost savings could be used to further the City's Street Maintenance Program. It would further assist the Public Works Department in maintaining minimum staffing levels, reducing equipment operations/maintenance costs, and improving the quality of the finished overlay product.

Staff requested quotes for service from three local contractors and received two responses for service quotes for the Fiscal Year 2023-2024:

Grinding Contractor Quoted Cost of
Service
Mobilization Fee
J. Mack Enterprises, Inc $4,000 @ 8hr Rental No Mobilization Fee Pavement Recycling Systems,
Inc.
$4,000 @ 8hr Rental $720 per day
Precision Cold Planing Non-responsive Non-responsive
After receiving two quotes and one non-responsive contractor, staff's recommendation is to award J. Mack Enterprises Inc., as they were the lowest bidder for the proposed scope of services. In the event of operational challenges, staff also seeks authority from the Council to utilize the additional contractor for the same service should scheduling conflicts occur. Staff proposes to prioritize awarding the services in the quoted amount and in the Item No. 13.
order identified above. Funding for an Annual Grinding Contractor has been programmed in the Capital Improvement Budget 2023-2024 in the amount of $75,000 from the Special Gas Tax Fund.

RECOMMENDATION: That the City Council:

1. Authorize staff to utilize annual grinding contractor J. Mack Enterprises, Inc. for Fiscal Year 2023-2024; and

2. Allow staff to substitute annual grinding contractor pending schedule conflicts as ranked by the quote for services.

ATTACHMENTS: 1. J. Mack Enterprises, Inc. Quote

2. Pavement Recyling Systems, Inc Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Price Quotation
Date 4/18/2023
Bid # 5375
Job Location

ASPHALT GRINDING RENTAL RATE
City of Porterville
P.O. Box 7600
Visalia CA 93290
Bid Date 4/18/2023
Attention: Joe
Phone (559) 622-9911
Fax (559) 622-9939
Phone
Fax
If a job is cancelled by a customer after J. Mack has been on jobsite, regardless of conditions, customer will assume responsibility for time incurred. ( minnimum 2 hour show-up)

17. The unit prices are quoted are for the estimated quantities set forth herin. The prices are subject to adjustment if the quantity of an item increases or decreases twenty percent (20%) or more from the estimate. Proposal is for Monday through Friday (Non Holiday) normal daytime hours.

It is our goal to offer quality work, with quality people, at competitive pricing. We THANK YOU for the opportunity to prove it.

License #877657
Certified Small Business
#1731864

5. Costs of repairs to damaged machinery due to hitting unmarked obstacles (i.e. water valves, manholes, buried steel or iron) will NOT be the responsiblity of the General Contractor.

6. All teeth over one complete set will be charged to the contractor. This applies to daily rental only.

7. Back charges to J. Mack on unit price projects must be communicated by the contractor in written form within 48 hours from the time of the occurrence. Back charges are limited to the daily rental rate of our machine. No back charges will be accepted on daily rate rental projects.

8.Unless agreed otherwise, payment is due and payable within 30 days of billing. California Prompt Payment laws shall also apply. Code Section 7108.5 - Prime contractor or subcontractor shall pay to any subcontractor, not later than 10 days after receipt of payment for that portion of work.

9. Items not specifically included within the quotation are considered excluded (Permits, Testing, Bonds).

10. If an Insurance Certificate requires a Waiver of Subrogation, an additional charge of $250.00 will be applied.

11. NO RETENTION to be withheld on rental rate work.

12. Retention on unit price work performed by J. Mack longer than 60 days after completion or acceptance of J. Mack's work.

13. Customer aknowledges the scope of J. Mack's work includes changing the elevation of the existing roadway. J. Mack will have no obligation of defense or indemnity arising of claims which are the result of J. Mack's normal construction activity.

14. J. Mack shall not be held liable for damage of property caused by unraveling of the milled surface after vthe contractor has reopened the milled roadway to public traffic.

15. Unless listed at bid time, price quotation is good for 30 days from date of bid.

16. If a job is cancelled by a customer after J. Mack's equipment and crew has been dispatched, regardless of conditions, customer will assume responsibility for all mobilization charges.

1. This bid is not divisible. All items in this quotation must be accepted for the prices set forth above to be effective. This quotation will be incorporated into the subcontract between the parties.

2. All areas to be ground shall be clearly marked by the General Contractor or Agency Represenative prior to commencement of grinding.

3. The above stated price does not include permits, bonds, state or local taxes.

4. USA notification is to be done by the General Contractor prior to commencement of work.

DIR #1000004036
Item Description
APRIL 1, 2023 - APRIL 1, 2024 RENTAL RATE SHEET FOR BIDDING PURPOSES ONLY- PRICES

SUBJECT TO CHANGE
ASPHALT GRINDING (ONLY) AS DIRECTED: DAILY RENTAL RATES 4' OPERATED MILLING MACHINE FOR (0-8 HOURS) REGULAR HOURS $4,000.00 INCLUDES Cut & load into your trucks, Grind A/C as directed Milling any concrete, Hauling, Sweeping, Traffic Control, Supplying water by truck, Layout, Handwork (Mini Grinder and/or Jack Hammer),Trimming trees/shrubs that may interfere w/milling process, Areas not accessible to our machine, Any specific guarantee of gradation, Sawcutting

EXCLUDES -
We propose to furnish you with labor and material per your representation of job requirements as follows:

City of Porterville 4' Milling Machine Rental Rates 2023/2024 Item No Description Quantity UOM Unit Price Total Price Schedule 1
1 4' Milling Machine Rental First 4 Hours 1 LS 3,400.000 $3,400.00 2 4' Milling Machine Rental Day Rate 1 DY 4,000.000 $4,000.00 3 Mobilization 1 EA 720.000 $720.00
Rental Special Conditions
1 Item #1 includes: Provide One (1) 4' Cold Planer operated and maintained for up to 4 hours per day.  After the first 4 hours for each shift worked, the hourly rate of $300/hr will apply.
2 Item #2 includes: Provide One (1) 4' Cold Planer operated and maintained for up to 8 hours per day.  After 8 hours for each shift worked, the hourly rate of $500/hr will apply.
3 Item #3 includes: One (1) Mobilization for the move on and off the project. 4 Excludes:  Traffic control, water/water truck, hauling, sweeping, detailing/handwork, removal of pcc, survey/project layout, maintenance of the project.
5 Excludes:  USA notification, location and marking.  Please see "General Conditions". 6 All work is to be performed under the direct supervision and control of the customer.  Customer accepts all liability for any claims arising from work performed as directed.

General Conditions
Proposal and Contract
Pavement Recycling Systems, Inc
CA License# 569352
OR License# 185556
10240 San Sevaine Way, Jurupa Valley, CA 91752
Phone: (951) 682-1091 Fax: (951) 682-1094
Mike Akins [email protected]
Joe Baeza
City of Porterville
[email protected]
To:

From: Email:

Quote No: 1825505
Phone: ( ) -
Fax: ( ) -
Bid Date: 5/8/2023
ACCEPTANCE of this bid/proposal/quotation (Bid) from PAVEMENT RECYCLING SYSTEMS, INC. (PRS) requires that the PRICING, SPECIAL CONDITIONS and the GENERAL CONDITIONS of this Bid be included in any subcontract or purchase order agreement (Contract) and the Bid terms and conditions take precedence over any conflicting terms.

PRS will not surrender any portion of extra work or force account mark-ups except those reserved by the owner for the General Contractor.

California prompt pay statutes shall be enforced.

Unless otherwise defined in the SPECIAL CONDITIONS of this bid PRS excludes from the services quoted her all: MAINTENANCE AND PROTECTION OF THE MILLED SURFACE, TRAFFIC CONTROL, SURVEYING, LAYOUT, SAWCUTTING AND TEMPORARY TAPERS. Upon completion of each segment of the designated work by PRS the work shall be deemed accepted and approved and the Customer shall assume maintenance and protection of the work. All utilities, obstructions, and foreign objects in the work zone must be marked and located by the Customer prior to PRS's work. PRS excludes any damage to unmarked or improperly located obstructions in the zone of work. PRS excludes notification to any underground alert service, marking or location of underground utilities. By accepting the Bid the Customer accepts sole responsibility for, and all subsequent liabilities coincident with the following requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the California Government Code.

Any indemnity and defense obligation required from PRS shall be proportional and limited to the extent PRS's acts, omissions, fault or negligence contribute to any alleged or actual claims or damages. Insurance included in this Bid: Commercial Liability $1MM per occurrence / $2MM aggregate; $2MM Products and Completed Operations Aggregate; $1MM Personal and Advertising Injury; $1MM Commercial Auto; Worker's Compensation coverage per statute.

The Road To Smart Solutions
An Employee Owned Company

OTHERS TALK SAFETY,
WE LIVE IT!
DIR# 1000003363
UT License# 6982390-5501
ID License# 015231-AA-2
NV License# 0036228
AZ License# 183900
WA License# 602-840-640
Date: Accepted By:

www.pavementrecycling.com
Item No. 14.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Annual Hauling Services for Asphalt Maintenance Program SOURCE: Public Works
COMMENT: The City's Public Works Department-Streets Maintenance Division is asking for approval for the expenditure of funds for Annual Asphalt Hauling Services.

Secured pricing and services for asphalt hauling will facilitate efforts for the 2023-2024 overlay season. Historically, staff has had to secure transport of asphalt on a project-by-project basis, presenting challenges for project scheduling. As the City continues to develop a robust asphalt maintenance program, staff is continuing to look for opportunities to increase efficiency.

These efforts enable the Department to maintain staffing levels, reduce equipment operations costs, and complete a higher volume of overlays throughout the city, improving the quality of transportation. With the volume of asphalt material that needs to be delivered during the overlay session and overlay preparations, staff sought quotes for services from local trucking companies for hauling services during the Fiscal Year 2023-2024.

Hauling Services Contractor Quoted Cost of Service
Mike Clark Trucking @ $128.00 /hr.

W.T.B., Inc. @ $150.00 /hr.

After reviewing the quotes received, staff recommends awarding Mike Clark Trucking as the lowest quote for the proposed scope of services. In the event of operational challenges, staff seeks authority from the City Council to utilize the additional contractor for same service should scheduling conflicts occur. Staff proposes to prioritize awarding the services in the quoted amount and in the order identified above. Funding for services will be made available from the Capital Improvement Projects Overlay Program funded by Surface Transportaton Program and Measure R Local funds.

RECOMMENDATION: That the City Council:

1. Authorize staff to utilize an annual hauling services contractor, Mike Clark Trucking, for the Fiscal Year 2023-2024;

2. Allow staff to substitute annual hauling contractor pending schedule conflicts as ranked by the quote for services;

3. Allow for fund expenditures as defined by the operation of services from the Capital Improvement Project List and Selfperformed Street Maintenance Overlay Program; and

4. Authorize payment of services upon satisfactory completion.

Item No. 14.

ATTACHMENTS: 1. Mike Clark Trucking Quote

2. W.T.B., Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Mike Clark Trucking
19385 Ave. 144, Porterville Ca.

Fax (559)784-8832 Office (559)784-5486 Cell (559)359-9918 C. S. B. #1770985 CA. #304331
Date: May 15, 2023
To : City of Porterville
Attn: Joe Baeza
Trucking for
2023-2024 Fiscal Year
Aggregates out of Jaxson Baker or Delano Rock to City Yard Distribution and or Various sites throughout the city in Super 10, Transfers, Semi Bottoms and Double Bottoms
$128.00 per hour with 6 Hour Minimum
All other trucking transfers, double bottoms, Demo or Super 10 at $128.00 per hour. 6 Hour minimums. Billing will be sent out weekly, pay at net thirty days. B & P Code Section 7108.6, penalty by the Debtor to the Carrier of 1.5 percent of the amount due per month for every month payment is outstanding.

QUOTE GOOD FOR (3) THREE MONTHS FROM THIS DATE
S:\JOB QUOTE 2023\CITY OF PORTERVILLE COLD MIX.DOC
Fax Cover Sheet
W.T.B., INC.
7093 W. BELMONT
FRESNO, CALIFORNIA 93722
(559) 275-1998
(559) 275-1995
Send to: From:

Nick Young
Attention: Date:

May 8, 2023
Office Location: Office Location:

FRESNO, CA.

Fax Number: Phone Number:
(559) 275-1998
❑ Please Sign and Return
___________________________________________ Agent or Representative _______________________ Date
Total pages, including cover: 2
General Conditions: Unless otherwise specified a 6-hour day, 8-hour night/weekend minimum will be incurred on any trucking day, as well as an 8% increase on all rates for nights and weekends. On all night work there will be a 24-hour cancellation policy or an 8-hour minimum will be applied. There will also be a 10% increase for all rubberized asphalt in transfers. All tonnage quotes are per U.S. ton, based on full loads and direct routes to and from the jobsite and never will any averaging of standby be allowed. Standby will be assessed at the first point of arrival or delay due to the construction site (i.e., traffic control, detours, etc.) and will end when the truck is free and clear to return to the plant or point of origin without delay. If for any reason, there is a dispute over standby all tonnage prices will be reversed to hourly rates. If two or more trucks are sent back on standby and don’t receive a load there will be a return charge applied for each truck that does not receive a load. A fuel increase will be applied to all rates at 1% for every $0.10 increase once fuel goes over $5.25 per gallon. For a current rate on fuel please refer to www.eia.gov on-highway retail diesel prices. All quotes including material subject to change without notice depending on material availability. Also, please note that material prices do not include material environmental fees. All individual quotes will be void if this quote is not used in its entirety. It will be customer’s responsibility for any citations written for load showing or overloads from job site off hauls.

Also, it is customer’s responsibility to make WTB aware of any prevailing wage costs associated with project. All trucking rates shown are “non-prevailing” unless specified. WTB will pass on the extra costs associated with prevailing wage to the customer. To ensure truck availability WTB requires a weekly estimate of trucks needed, with a minimum of 24-hour notice of confirmation for the scheduling of trucks. With the major shortage of trucks due to the new EPA state mandates, WTB will not be held liable for any shortages of trucks on any project.

Please be advised WTB Inc. is a Vendor not a Sub Contractor.

Life of Quote: Unless otherwise specified herein this quote will be VOID 30 days after the noted bid date of WTB Inc. Due to material availability and price fluctuations all material prices will be VOID after 30 days.

Payment: All invoices shall be paid by the 20th of the following month. WTB Inc. is a Vendor-Supplier not a Sub Contractor, late payments will be assessed carrying charges at 1.5% compounded monthly on the outstanding balance. If a dispute arises between the parties, the prevailing party shall be entitled to recover attorney fees in addition to any other relief to which the party may be entitled.

Acceptance: Buyer shall SIGN and RETURN this quote sheet confirming “Special Conditions”, price and estimated delivery date, via fax or return mail. Failure to return a signed copy within 5 days after the start of quoted project constitutes complete and full acceptance.

S:\JOB QUOTE 2023\CITY OF PORTERVILLE COLD MIX.DOC
City of Porterville, Cold Mix to Porterville Yard & Delivery to Various Locations For 2023 Trucking Prices Only:

Day Hourly Rates:

Double Bottoms $150.00
Transfers $150.00
End dumps $155.00
Demo 10’s: $155.00
10 Wheelers $145.00
Please Note:
~ Please let WTB know within 24-hours of bid time if you will be using our quote.

Item No. 15.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Street Striping Program for Fiscal Year 2023-2024 SOURCE: Public Works
COMMENT: The Public Works Department-Streets Maintenance Division is seeking authorization for the expenditure of funds for Annual Striping Services. Striping Services will consist of re-striping lane lines for arterial and collector streets throughout the city limits, in addition to the replacement of existing street markings after asphalt maintenance projects. City staff currently re-paint stop bars, stop legends, crosswalks, turn arrows, school legends, and school crosswalks. The City does not possess the equipment needed to maintain the existing travel lane lines; current efforts have been on an as-needed basis, dictated by overlay and street reconstruction projects, with a primary focus on implementing an aggressive road maintenance program.

The City's Street Maintenance Program, coupled with the re-striping of lane lines, is necessary for the visibility and safety of the traveling public and a requirement to keep traveling lane lines up to code with the Manual on Uniform Traffic Control Devices. Staff requested per linear feet quotes and services and received three quotes from surrounding area contractors for the Fiscal Year 2023-2024.

Striping Contractor Average Quote Per
Linear Feet
Mobilization
T&T Pavement Markings $0.27 Per Ft. $17,500
California Striping Inc. $0.34 Per Ft. $19,500
Fresno Seal & Stripe $0.36 Per Ft. $20,000
Services evaluated and included under the annual agreement are Mobilization, 4" edge line, 4" broken line, 8" single solid line, 4" two-way left turn, linear foot double yellow, linear foot bike lane, linear foot crosswalk removal, crosswalk thermoplastic, removal school xing legend, school xing thermoplastic, traffic control, and layout newly paved roads.

After reviewing the three quotes, the staff recommendation is to award T&T Pavement Markings as the lowest bidder for the proposed scope of services. In light of operational challenges, staff would also request the City Council to authorize the ability to use all three striping contractors should scheduling conflicts occur based on the order of quoted services (listed above). Funding for an Annual Striping Program will be determined by the areas of disturbance and performance. Funding will be made available from the following sources; Item No. 15.

Surface Transportation Program funds, Measure I funds, and Measure R Local funds for the Fiscal Year 2023-2024 in accordance with Street Maintenance Operations, Capital Improvement Projects, and a Self-Performed Street Maintenance Program.

RECOMMENDATION: That the City Council:

1. Authorize staff to utilize annual striping contractor T&T Pavement Markings and Products Inc. for Fiscal Year 2023-2024;

2. Allow staff to substitute striping contractors pending schedule conflicts as ranked by the quote for services;

3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street Maintenance program; and

4. Authorize payment of services upon satisfactory completion.

ATTACHMENTS: 1. T&T Pavement Markings and Products Inc. Quote

2. California Striping Service, Inc Quote

3. Fresno Seal & Stripe, Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

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

PROPOSAL
DATE: 5/19/2023
PROPOSAL #: 23-299
CUSTOMER:

City of Porterville
291 N. Main St.

Porterville, CA 93257
PREVAILING:

PROJECT:
2023-2024 Annual Striping
Signature Date
Total:
"We are a non-union
Contractor"
- Please direct questions regarding this proposal to Tom Ochoa at (559) 217-7645. - Upon acceptance of this proposal, please sign and email to our office. - Proposal is not valid after 30 days without a signature.

WE HEREBY PROPOSE TO FURNISH THE FOLLOWING WORK AS DESCRIBED BELOW:
3276 W. Sussex Way
Fresno, CA 93722
*Please note: Payments made by credit card on final
invoice will be subject to an additional 3.5%
surcharge on the total cost to cover fees.
**THIS PROPOSAL IS TO BE ACCEPTED AS A WHOLE AND NOT BROKEN OUT IN PARTS.** NEW LOOK, SAME GREAT SERVICE!
[email protected]
DIR Registration #1000046338
SB #2004666
Phone: 559-275-2879
Fax: 559-229-2527
TIN #81-4165560
License #687921
This quote is for work performed, M-F, 6am-2pm. An additional cost will be added for weekend work.

THIS QUOTE INCLUDES ALL STIPULATIONS FOUND ON SEPARATE ATTACHMENT. IF NOT ATTACHED, PLEASE CONTACT OUR OFFICE.

Qty Description Total
ALL STRIPING TO BE DONE IN 1 COAT OF PAINT EXCEPT FOR
LINE ITEM #10 & 11
LINE ITEM #1 - $17,500.00
Mobilization, Insurance
LINE ITEM #2 - $.27 per foot
Linear feet of 4'' edge line (detail 27b)
LINE ITEM #3 - $.23 per foot
Linear feet of 4'' broken line (detail 8), white or yellow LINE ITEM #4 - $.31 per foot
Linear feet of 8'' single solid line (detail 38a)
LINE ITEM #5 - $.44 per foot
Linear feet of 4'' two way left turn (detail 31)
LINE ITEM #6 - $.52 per foot
Linear feet of double yellow center line (detail 21) includes black highlight in middle
LINE ITEM #7 - $.26 per foot
Linear feet of bike lane (detail 39)
LINE ITEM #8 - $2.25 per foot
Linear feet of yellow crosswalk removal

PROPOSAL
DATE: 5/19/2023
PROPOSAL #: 23-299
CUSTOMER:

City of Porterville
291 N. Main St.

Porterville, CA 93257
PREVAILING:

PROJECT:
2023-2024 Annual Striping
Signature Date
Total:
"We are a non-union
Contractor"
- Please direct questions regarding this proposal to Tom Ochoa at (559) 217-7645. - Upon acceptance of this proposal, please sign and email to our office. - Proposal is not valid after 30 days without a signature.

WE HEREBY PROPOSE TO FURNISH THE FOLLOWING WORK AS DESCRIBED BELOW:
3276 W. Sussex Way
Fresno, CA 93722
*Please note: Payments made by credit card on final
invoice will be subject to an additional 3.5%
surcharge on the total cost to cover fees.
**THIS PROPOSAL IS TO BE ACCEPTED AS A WHOLE AND NOT BROKEN OUT IN PARTS.** NEW LOOK, SAME GREAT SERVICE!
[email protected]
DIR Registration #1000046338
SB #2004666
Phone: 559-275-2879
Fax: 559-229-2527
TIN #81-4165560
License #687921
This quote is for work performed, M-F, 6am-2pm. An additional cost will be added for weekend work.

THIS QUOTE INCLUDES ALL STIPULATIONS FOUND ON SEPARATE ATTACHMENT. IF NOT ATTACHED, PLEASE CONTACT OUR OFFICE.

Qty Description Total
LINE ITEM #9 - $2.35 per foot
Install yellow crosswalk in thermoplastic (lf)
LINE ITEM #10 - $525.00 each
Removal of existing Slow School Xing legend
LINE ITEM #11 - $495.00 each
Installation of Slow School Xing legend in thermoplastic LINE ITEM #12 - $15,250.00
Traffic Control
LINE ITEM #13 - $.30 per foot
Layout and cat track newly paved roads prior to applying pavement stripes

_____________________________________
$0.00
CALIFORNIA STRIPING SERVICE, INC DATE: 5-20-23
6062 N. BETHEL CLOVIS, CA. 93619
559-325-2986/ FAX 559-325-6409
CELL 559-289-5133
TO: CITY OF PORTERVILLE
ATTN: JOE
RE: 2023-2024 ANNUAL STRIPING CONTRACT
SCOPE OF WORK: PAINTED ITEMS WILL BE ONE COAT
ITEM #1 MOBILIZATION =$19500.00
ITEM #2 DETAIL 27B .34 LF.

ITEM #3 DETAIL 8 .30LF.

ITEM #4 DETAIL 38A .38LF.

ITEM #5 DETAIL 31 .51LF.

ITEM #6 DETAIL 21 .59LF.

ITEM #7 DETAIL 39 .33LF.

ITEM #8 REMOVE X-WALK 2.33LF.

ITEM#9 THERMOPLASTIC X-WALK 2.42LF.

ITEM #10 REMOVE SSX LEGENDS 850.00EA.

ITEM#11 THERMOPLATIC SSX LEGENDS 800.00EA.

ITEM #12 TRAFFIC CONTROL 17500.00
ITEM #13 LAYOUT NEW ROADS .30LF.

IF YOU HAVE ANY QUESTIONS PLEASE GIVE ME A CALL.

THANK YOU,

MARK SHARER
EXCLUSIONS FROM PROPOSAL: TRUNCATED DOMES, BOLLARDS, TEMPORARY/TIMBER BARRICADES, SPECIALTY BUILDING SIGNAGE, AND CONCRETE WHEEL STOPS WITH DRAINAGE SLOTS. NOTE: IRRIGATION MUST BE TURNED OFF 24 HOURS PRIOR TO COMMENCING WORK. -UPON ACCEPTANCE OF THIS PROPOSAL, PLEASE SIGN AND RETURN IT TO OUR OFFICE. -PROPOSAL IS NOT VALID AFTER 30 (THIRTY) DAYS WITHOUT A SIGNATURE.

Fresno Seal & Stripe, Inc.
1285 W Shaw Ave Ste 109
Fresno, CA 93711

ADDRESS
City of Porterville Maint.
291 N Main St
Porterville, CA 93257
United States
ESTIMATE 1317
DATE 05/22/2023

DESCRIPTION AMOUNT
STRIPING PROJECT: CITY OF PORTERVILLE 2023-2024 ANNUAL STRIPING LOCATION: PORTERVILLE, CA
ALL STRIPING TO BE DONE IN 1 COAT OF PAINT EXCEPT FOR: LINE ITEM #10 & 11
LINE ITEM #1 - $20,000.00
Mobilization, Insurance
LINE ITEM #2 - $.36 per foot
Linear feet of 4'' edge line (detail 27b)
LINE ITEM #3 - $.32 per foot
Linear feet of 4'' broken line (detail 8), white or yellow LINE ITEM #4 - $.40 per foot
Linear feet of 8'' single solid line (detail 38a)
LINE ITEM #5 - $.53 per foot
Linear feet of 4'' two way left turn (detail 31)
LINE ITEM #6 - $.61 per foot
Linear feet of double yellow center line (detail 21) includes black highlight in middle LINE ITEM #7 - $.35 per foot
Linear feet of bike lane (detail 39)
LINE ITEM #8 - $2.34 per foot
Linear feet of yellow crosswalk removal
LINE ITEM #9 - $2.44 per foot
Install yellow crosswalk in thermoplastic (lf)
LINE ITEM #10 - $1075.00 each
Removal of existing Slow School Xing legend

0.00 EXCLUSIONS FROM PROPOSAL: TRUNCATED DOMES, BOLLARDS, TEMPORARY/TIMBER BARRICADES, SPECIALTY BUILDING SIGNAGE, AND CONCRETE WHEEL STOPS WITH DRAINAGE SLOTS. NOTE: IRRIGATION MUST BE TURNED OFF 24 HOURS PRIOR TO COMMENCING WORK. -UPON ACCEPTANCE OF THIS PROPOSAL, PLEASE SIGN AND RETURN IT TO OUR OFFICE. -PROPOSAL IS NOT VALID AFTER 30 (THIRTY) DAYS WITHOUT A SIGNATURE.

LINE ITEM #11 - $925.00 each
Installation of Slow School Xing legend in thermoplastic LINE ITEM #12 - $18,000.00
Traffic Control
LINE ITEM #13 - $.39 per foot
Layout and cat track newly paved roads prior to applying pavement stripes
SUBTOTAL 0.00
TAX 0.00
TOTAL $0.00
Accepted By
Accepted Date
Item No. 16.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Annual Emulsion Program for Fiscal Year 2023/2024 SOURCE: Public Works
COMMENT: Staff is seeking the City Council's authorization for the expenditure of funds to contract with an emulsion distributor for annual services. Such a contract would secure pricing for services and would greatly improve the efficiency and quality of efforts for the 2023/2024 Overlay Season. An emulsion is a bonding agent for cold and hot mix operations. Staff sought quotes from two local emulsion distributors for services for the Fiscal Year 2023-2024.

Emulsion Distributor Quoted Price Per Gallon
Cain Trucking, Inc. $3.00 Per Gallon
Asphalt Coating & Supplies $4.12 Per Gallon
After receiving two service quotes, staff recommends awarding to Cain Trucking, Inc. as they were the lowest bidder for the proposed scope of services. In the event of operational challenges, staff also seeks authority from the Council to utilize the additional contractor for the same services should scheduling conflicts occur. Staff proposes to prioritize awarding the services in the quoted amount and in the order identified above. Surface Transportation Program Funds, Measure R Local Funds, and Measure I are the sources of funding for this program.

RECOMMENDATION: That the City Council:

1. Authorize staff to utilize emulsion distributor Cain Trucking, Inc. for the Fiscal Year 2023/2024;

2. Allow staff to substitute emulsion distributors pending schedule conflicts as ranked by the quote for services; and

3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street Maintenance Program.

ATTACHMENTS: 1. Cain Trucking, Inc. Quote

2. Asphalt Coating & Supplies Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Item No. 16.

Final Approver: John Lollis, City Manager

4044 West Woodside Ct.

Visalia, Ca. 93291
Phone 559-733-7602
Fax 559-635-8288
Asphalt Coating &
Supplies
Quote
Tuesday, May 17, 2023

EXPIRATION DATE
08/17/2024
City of Porterville
Attn: Joe Baeza
Streets Superintendent
555 N. Prospect
Porterville, CA 93257vilreets Superintendent, Field Services Division559-782-8937 Email: [email protected]
Description Unit Quote Price
SS-1H Gallons $4.12

“Valid for one fiscal year with a maximum allowable increase of 15% in expenses.” “Let us plan for a successful fiscal year, with a budget that allows for growth while keeping expenses in check. With a maximum increase of 15% we can confidently navigate any challenges that come our way.” However, if there are significant changes in the market or unexpected costs arise, I may need to reevaluate the pricing strategy. It is important to maintain a balance between the profitability and affordability for customers.

Item No. 17.

CITY COUNCIL AGENDA – JUNE 6, 2023
SUBJECT: Department of Finance Population Update
SOURCE: Community Development
COMMENT: The Community Development Department has received a summary report of Porterville’s estimated population and housing data prepared by the State Department of Finance (DOF). The DOF prepares these estimates based on information supplied by the City during the previous year, such as new housing units, demolitions, conversions, annexations and other factors, and comparing figures from the 2022 benchmark or a prior year’s estimate. Annually, the Community Development Department reviews these estimates and forwards them to the City Council for review and adoption. After Council adoption, the City submits a request for certification to the State Controller.

The 2022 population estimate for the City of Porterville was revised from 62,345 to 62,654 with a DOF mid-year adjustment. The January 1, 2023, population estimate is 62,588 for the City of Porterville and becomes the basis used to distribute certain State subvention revenues to the City once certified.

The 2023 population estimate represents a decrease of 0.105 percent or sixtysix (66) persons from the January 2023 estimate to the mid-year adjustment.

RECOMMENDATION: That the City Council authorize the Mayor to sign a request for State certification for the City of Porterville, May 1, 2023, at a population of 62,588.

ATTACHMENTS: 1. Draft Department of Finance 2023 Population Letter

2. 2023 Department of Finance Population Report

3. 2022 Department of Finance Population Report
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
June 06, 2023
Department of Finance
Demographic Research Unit
915 “L” Street, 8th Floor
Sacramento, CA 95814
To Whom It May Concern:

On May 1, 2023, the City of Porterville received Porterville’s estimated population and housing data for 2022 from the State Department of Finance.

On June 6, 2023, the Porterville City Council adopted Porterville’s new estimated population of 62,588 and authorized transmittal of this correspondence requesting the State Controller to certify Porterville’s January 1, 2022, population as 62,588 by Minute Order No. _______.

Sincerely,
Martha A. Flores
Mayor
City of Porterville
About the Data
E-1: City/County Population Estimates with Annual Percent Change January 1, 2022 and 2023
Total Population Percent
State/County/City 1/1/2022 1/1/2023 Change
California 39,078,674 38,940,231 -0.4
Alameda 1,644,248 1,636,194 -0.5
Alameda 77,437 77,287 -0.2
Albany 21,524 21,401 -0.6
Berkeley 123,188 123,562 0.3
Dublin 72,374 71,750 -0.9
Emeryville 12,478 12,610 1.1
Fremont 229,122 229,467 0.2
Hayward 160,081 159,800 -0.2
Livermore 85,870 84,793 -1.3
Newark 47,150 47,459 0.7
Oakland 421,806 419,556 -0.5
Piedmont 10,913 10,793 -1.1
Pleasanton 77,524 76,459 -1.4
San Leandro 88,075 87,497 -0.7
Union City 67,702 66,754 -1.4
Balance of County 149,004 147,006 -1.3
Alpine 1,191 1,184 -0.6
Amador 40,108 39,837 -0.7
Amador 195 193 -1.0
Ione 8,809 8,772 -0.4
Jackson 4,983 4,938 -0.9
Plymouth 1,051 1,062 1.0
Sutter Creek 2,616 2,590 -1.0
Balance of County 22,454 22,282 -0.8
Butte 206,582 205,592 -0.5
Biggs 1,966 1,990 1.2
Chico 105,633 107,394 1.7
Gridley 7,473 7,548 1.0
Oroville 19,405 19,409 0.0
Paradise 7,367 9,142 24.1
Balance of County 64,738 60,109 -7.2
Calaveras 45,012 44,890 -0.3
Angels City 3,559 3,542 -0.5
Balance of County 41,453 41,348 -0.3
Colusa 21,819 21,771 -0.2
Colusa 6,417 6,428 0.2
Williams 5,576 5,568 -0.1
Balance of County 9,826 9,775 -0.5
Contra Costa 1,151,798 1,147,653 -0.4
Antioch 114,362 115,442 0.9
Brentwood 64,219 64,513 0.5
Clayton 10,782 10,666 -1.1
Concord 123,102 122,074 -0.8
Danville 43,166 42,823 -0.8
El Cerrito 25,710 25,484 -0.9
Hercules 25,944 26,297 1.4
Lafayette 25,119 25,004 -0.5
Martinez 36,790 36,543 -0.7
Moraga 17,055 16,893 -0.9
Oakley 44,257 44,995 1.7
Orinda 19,326 19,225 -0.5
Pinole 18,442 18,244 -1.1
Pittsburg 74,688 74,809 0.2
Pleasant Hill 33,697 33,397 -0.9
Richmond 114,521 113,518 -0.9
San Pablo 31,625 31,301 -1.0
San Ramon 83,587 82,870 -0.9
Walnut Creek 69,603 69,245 -0.5
Balance of County 175,803 174,310 -0.8
Del Norte 26,954 26,599 -1.3
Crescent City 6,054 5,790 -4.4
Balance of County 20,900 20,809 -0.4
El Dorado 189,816 189,006 -0.4
Placerville 10,621 10,585 -0.3
South Lake Tahoe 20,727 20,548 -0.9
Balance of County 158,468 157,873 -0.4
Fresno 1,009,790 1,011,499 0.2
Clovis 123,532 124,523 0.8
Coalinga 17,327 17,237 -0.5
Firebaugh 8,420 8,495 0.9
Fowler 6,936 7,168 3.3
Fresno 542,829 543,428 0.1
Huron 6,168 6,124 -0.7
Kerman 16,605 16,955 2.1
Kingsburg 12,432 12,865 3.5
Mendota 12,475 12,463 -0.1
Orange Cove 9,531 9,463 -0.7
Parlier 14,472 14,402 -0.5
Reedley 24,944 25,381 1.8
Sanger 26,302 26,241 -0.2
San Joaquin 3,634 3,608 -0.7
Selma 24,354 24,300 -0.2
Balance of County 159,829 158,846 -0.6
Glenn 28,778 28,636 -0.5
Orland 8,294 8,252 -0.5
Willows 6,443 6,395 -0.7
Balance of County 14,041 13,989 -0.4
Humboldt 134,528 134,047 -0.4
Arcata 17,960 18,688 4.1
Blue Lake 1,163 1,146 -1.5
Eureka 26,552 26,139 -1.6
Ferndale 1,374 1,371 -0.2
Fortuna 12,339 12,256 -0.7
Rio Dell 3,307 3,261 -1.4
Trinidad 298 294 -1.3
Balance of County 71,535 70,892 -0.9
Imperial 178,845 179,476 0.4
Brawley 26,752 27,539 2.9
Calexico 38,654 38,697 0.1
Calipatria 6,331 5,975 -5.6
El Centro 44,442 44,445 0.0
Holtville 5,534 5,502 -0.6
Imperial 21,347 21,496 0.7
Westmorland 1,991 1,989 -0.1
Balance of County 33,794 33,833 0.1
Inyo 18,921 18,896 -0.1
Bishop 3,878 3,872 -0.2
Balance of County 15,043 15,024 -0.1
Kern 908,107 907,476 -0.1
Arvin 19,592 19,505 -0.4
Bakersfield 407,491 408,373 0.2
California City 14,995 14,827 -1.1
Delano 50,782 51,727 1.9
Maricopa 1,019 1,011 -0.8
McFarland 13,861 13,748 -0.8
Ridgecrest 28,083 27,885 -0.7
Shafter 20,436 21,318 4.3
Taft 7,014 6,975 -0.6
Tehachapi 12,406 11,960 -3.6
Wasco 26,582 26,622 0.2
Balance of County 305,846 303,525 -0.8
Kings 151,494 151,018 -0.3
Avenal 13,161 13,374 1.6
Corcoran 22,041 21,442 -2.7
Hanford 58,312 58,893 1.0
Lemoore 26,736 26,609 -0.5
Balance of County 31,244 30,700 -1.7
Lake 67,421 66,800 -0.9
Clearlake 16,545 16,364 -1.1
Lakeport 5,008 4,967 -0.8
Balance of County 45,868 45,469 -0.9
Lassen 29,533 28,275 -4.3
Susanville 12,803 11,593 -9.5
Balance of County 16,730 16,682 -0.3
Los Angeles 9,834,503 9,761,210 -0.7
Agoura Hills 19,776 19,770 0.0
Alhambra 81,609 81,303 -0.4
Arcadia 55,918 55,503 -0.7
Artesia 16,225 16,093 -0.8
Avalon 3,386 3,351 -1.0
Azusa 49,453 49,483 0.1
Baldwin Park 70,815 70,368 -0.6
Bell 33,612 33,370 -0.7
Bellflower 77,638 76,924 -0.9
Bell Gardens 38,774 38,447 -0.8
Beverly Hills 31,945 31,658 -0.9
Bradbury 886 889 0.3
Burbank 104,976 104,535 -0.4
Calabasas 23,037 22,808 -1.0
Carson 92,746 92,186 -0.6
Cerritos 48,402 47,887 -1.1
Claremont 37,034 36,759 -0.7
Commerce 12,163 12,036 -1.0
Compton 94,294 93,719 -0.6
Covina 50,690 50,350 -0.7
Cudahy 22,386 22,270 -0.5
Culver City 39,972 39,682 -0.7
Diamond Bar 53,935 53,381 -1.0
Downey 112,078 111,261 -0.7
Duarte 21,384 22,796 6.6
El Monte 107,279 106,377 -0.8
El Segundo 17,042 16,928 -0.7
Gardena 60,090 59,809 -0.5
Glendale 192,870 191,284 -0.8
Glendora 51,571 51,159 -0.8
Hawaiian Gardens 13,675 13,546 -0.9
Hawthorne 86,535 85,702 -1.0
Hermosa Beach 19,206 19,018 -1.0
Hidden Hills 1,745 1,731 -0.8
Huntington Park 53,783 53,281 -0.9
Industry 428 427 -0.2
Inglewood 106,928 106,248 -0.6
Irwindale 1,496 1,483 -0.9
La Canada Flintridge 20,060 19,930 -0.6
La Habra Heights 5,564 5,505 -1.1
Lakewood 80,900 80,154 -0.9
La Mirada 48,384 47,899 -1.0
Lancaster 174,590 173,376 -0.7
La Puente 37,594 37,356 -0.6
La Verne 32,344 32,056 -0.9
Lawndale 31,171 30,882 -0.9
Lomita 20,300 20,092 -1.0
Long Beach 460,245 458,222 -0.4
Los Angeles 3,802,725 3,766,109 -1.0
Lynwood 66,595 66,228 -0.6
Malibu 10,534 10,512 -0.2
Manhattan Beach 34,713 34,284 -1.2
Maywood 24,779 24,546 -0.9
Monrovia 37,772 37,539 -0.6
Montebello 61,804 61,645 -0.3
Monterey Park 59,824 59,288 -0.9
Norwalk 101,815 101,153 -0.7
Palmdale 167,015 165,917 -0.7
Palos Verdes Estates 13,052 12,935 -0.9
Paramount 52,557 52,178 -0.7
Pasadena 137,814 136,988 -0.6
Pico Rivera 61,446 60,975 -0.8
Pomona 149,908 149,721 -0.1
Rancho Palos Verdes 41,451 41,030 -1.0
Redondo Beach 69,078 68,407 -1.0
Rolling Hills 1,688 1,669 -1.1
Rolling Hills Estates 8,480 8,446 -0.4
Rosemead 50,109 50,022 -0.2
San Dimas 34,407 34,079 -1.0
San Fernando 23,533 23,487 -0.2
San Gabriel 38,690 38,466 -0.6
San Marino 12,282 12,206 -0.6
Santa Clarita 229,039 230,659 0.7
Santa Fe Springs 18,734 18,570 -0.9
Santa Monica 91,739 91,720 0.0
Sierra Madre 10,909 10,821 -0.8
Signal Hill 11,528 11,431 -0.8
South El Monte 19,627 19,461 -0.8
South Gate 93,355 92,628 -0.8
South Pasadena 26,428 26,273 -0.6
Temple City 36,010 35,813 -0.5
Torrance 144,327 143,057 -0.9
Vernon 207 205 -1.0
Walnut 27,721 27,553 -0.6
West Covina 107,642 107,893 0.2
West Hollywood 34,930 34,793 -0.4
Westlake Village 8,009 7,919 -1.1
Whittier 87,707 87,291 -0.5
Balance of County 1,007,586 997,999 -1.0
Madera 157,205 158,148 0.6
Chowchilla 18,758 18,844 0.5
Madera 65,582 65,540 -0.1
Balance of County 72,865 73,764 1.2
Marin 255,470 252,959 -1.0
Belvedere 2,078 2,045 -1.6
Corte Madera 9,967 9,885 -0.8
Fairfax 7,410 7,354 -0.8
Larkspur 12,728 12,571 -1.2
Mill Valley 13,817 13,664 -1.1
Novato 51,936 51,392 -1.0
Ross 2,280 2,267 -0.6
San Anselmo 12,515 12,405 -0.9
San Rafael 60,237 59,681 -0.9
Sausalito 6,955 6,865 -1.3
Tiburon 8,903 8,798 -1.2
Balance of County 66,644 66,032 -0.9
Mariposa 16,984 16,935 -0.3
Mendocino 89,629 89,164 -0.5
Fort Bragg 7,080 7,014 -0.9
Point Arena 444 439 -1.1
Ukiah 16,052 15,929 -0.8
Willits 4,906 4,858 -1.0
Balance of County 61,147 60,924 -0.4
Merced 284,130 285,337 0.4
Atwater 31,629 31,418 -0.7
Dos Palos 5,697 5,640 -1.0
Gustine 5,985 5,945 -0.7
Livingston 14,352 14,257 -0.7
Los Banos 46,827 47,347 1.1
Merced 88,657 90,116 1.6
Balance of County 90,983 90,614 -0.4
Modoc 8,573 8,527 -0.5
Alturas 2,678 2,651 -1.0
Balance of County 5,895 5,876 -0.3
Mono 13,160 13,156 0.0
Mammoth Lakes 7,267 7,273 0.1
Balance of County 5,893 5,883 -0.2
Monterey 433,964 430,368 -0.8
Carmel-by-the-Sea 3,048 3,033 -0.5
Del Rey Oaks 1,545 1,540 -0.3
Gonzales 8,351 8,300 -0.6
Greenfield 19,693 19,917 1.1
King City 13,323 13,817 3.7
Marina 21,527 22,068 2.5
Monterey 28,079 26,845 -4.4
Pacific Grove 14,765 14,741 -0.2
Salinas 159,745 159,475 -0.2
Sand City 373 376 0.8
Seaside 32,115 29,790 -7.2
Soledad 26,566 26,230 -1.3
Balance of County 104,834 104,236 -0.6
Napa 135,941 134,637 -1.0
American Canyon 21,631 21,338 -1.4
Calistoga 5,162 5,127 -0.7
Napa 77,533 76,821 -0.9
St Helena 5,380 5,355 -0.5
Yountville 2,819 2,778 -1.5
Balance of County 23,416 23,218 -0.8
Nevada 100,973 100,720 -0.3
Grass Valley 13,474 13,488 0.1
Nevada City 3,256 3,342 2.6
Truckee 16,693 16,676 -0.1
Balance of County 67,550 67,214 -0.5
Orange 3,151,946 3,137,164 -0.5
Aliso Viejo 51,016 50,766 -0.5
Anaheim 335,946 328,580 -2.2
Brea 46,947 48,184 2.6
Buena Park 83,359 83,517 0.2
Costa Mesa 111,649 111,183 -0.4
Cypress 49,877 49,818 -0.1
Dana Point 33,009 33,155 0.4
Fountain Valley 56,976 56,987 0.0
Fullerton 143,013 142,873 -0.1
Garden Grove 171,195 171,183 0.0
Huntington Beach 196,469 195,714 -0.4
Irvine 305,688 303,051 -0.9
Laguna Beach 22,506 22,445 -0.3
Laguna Hills 30,667 30,525 -0.5
Laguna Niguel 65,010 64,702 -0.5
Laguna Woods 17,536 17,450 -0.5
La Habra 62,037 61,835 -0.3
Lake Forest 86,614 87,127 0.6
La Palma 15,402 15,332 -0.5
Los Alamitos 11,894 12,129 2.0
Mission Viejo 92,118 91,846 -0.3
Newport Beach 83,653 83,411 -0.3
Orange 138,155 139,063 0.7
Placentia 51,327 52,507 2.3
Rancho Santa Margarita 47,300 47,066 -0.5
San Clemente 63,431 63,237 -0.3
San Juan Capistrano 34,869 35,089 0.6
Santa Ana 304,258 299,630 -1.5
Seal Beach 24,871 24,647 -0.9
Stanton 38,986 39,084 0.3
Tustin 79,696 79,558 -0.2
Villa Park 5,791 5,790 0.0
Westminster 90,660 90,498 -0.2
Yorba Linda 67,284 67,068 -0.3
Balance of County 132,737 132,114 -0.5
Placer 409,441 410,305 0.2
Auburn 13,596 13,365 -1.7
Colfax 2,038 2,016 -1.1
Lincoln 51,199 52,313 2.2
Loomis 6,715 6,607 -1.6
Rocklin 71,655 71,179 -0.7
Roseville 151,450 152,928 1.0
Balance of County 112,788 111,897 -0.8
Plumas 19,232 18,996 -1.2
Portola 2,129 2,094 -1.6
Balance of County 17,103 16,902 -1.2
Riverside 2,430,976 2,439,234 0.3
Banning 30,856 31,250 1.3
Beaumont 54,349 56,590 4.1
Blythe 17,417 17,265 -0.9
Calimesa 10,950 10,962 0.1
Canyon Lake 11,003 10,949 -0.5
Cathedral City 51,621 51,433 -0.4
Coachella 41,935 42,462 1.3
Corona 157,139 157,005 -0.1
Desert Hot Springs 32,389 32,608 0.7
Eastvale 69,978 69,514 -0.7
Hemet 89,170 89,918 0.8
Indian Wells 4,785 4,774 -0.2
Indio 89,789 90,837 1.2
Jurupa Valley 105,154 104,983 -0.2
Lake Elsinore 71,989 71,973 0.0
La Quinta 37,562 37,979 1.1
Menifee 107,411 110,034 2.4
Moreno Valley 208,302 208,289 0.0
Murrieta 110,592 109,998 -0.5
Norco 25,035 25,037 0.0
Palm Desert 50,626 50,615 0.0
Palm Springs 44,165 44,092 -0.2
Perris 78,474 78,948 0.6
Rancho Mirage 16,854 17,012 0.9
Riverside 314,818 313,676 -0.4
San Jacinto 54,303 54,103 -0.4
Temecula 109,468 108,899 -0.5
Wildomar 36,438 36,336 -0.3
Balance of County 398,404 401,693 0.8
Sacramento 1,573,366 1,572,453 -0.1
Citrus Heights 86,152 85,837 -0.4
Elk Grove 176,621 177,005 0.2
Folsom 84,438 85,498 1.3
Galt 25,185 25,557 1.5
Isleton 766 759 -0.9
Rancho Cordova 80,156 81,117 1.2
Sacramento 516,958 518,161 0.2
Balance of County 603,090 598,519 -0.8
San Benito 65,543 65,666 0.2
Hollister 42,631 42,891 0.6
San Juan Bautista 2,043 2,022 -1.0
Balance of County 20,869 20,753 -0.6
San Bernardino 2,180,777 2,182,056 0.1
Adelanto 36,420 36,656 0.6
Apple Valley 75,277 74,996 -0.4
Barstow 25,115 24,918 -0.8
Big Bear Lake 4,935 4,914 -0.4
Chino 92,334 93,137 0.9
Chino Hills 77,601 77,058 -0.7
Colton 53,513 53,154 -0.7
Fontana 212,616 213,851 0.6
Grand Terrace 12,908 12,814 -0.7
Hesperia 99,855 100,041 0.2
Highland 56,283 55,984 -0.5
Loma Linda 25,233 25,228 0.0
Montclair 37,688 37,494 -0.5
Needles 4,793 4,756 -0.8
Ontario 178,682 180,717 1.1
Rancho Cucamonga 174,090 173,545 -0.3
Redlands 72,259 71,972 -0.4
Rialto 103,406 102,985 -0.4
San Bernardino 220,514 223,230 1.2
Twentynine Palms 27,600 25,929 -6.1
Upland 78,771 78,376 -0.5
Victorville 136,153 137,193 0.8
Yucaipa 54,242 53,991 -0.5
Yucca Valley 21,712 21,635 -0.4
Balance of County 298,777 297,482 -0.4
San Diego 3,275,435 3,269,755 -0.2
Carlsbad 114,865 114,549 -0.3
Chula Vista 274,077 274,784 0.3
Coronado 22,007 22,150 0.6
Del Mar 3,903 3,903 0.0
El Cajon 105,266 104,619 -0.6
Encinitas 61,283 61,085 -0.3
Escondido 150,059 149,799 -0.2
Imperial Beach 25,976 25,864 -0.4
La Mesa 60,240 60,418 0.3
Lemon Grove 27,089 27,420 1.2
National City 61,302 60,974 -0.5
Oceanside 171,766 171,063 -0.4
Poway 48,504 48,483 0.0
San Diego 1,372,829 1,368,395 -0.3
San Marcos 93,829 94,530 0.7
Santee 58,709 59,227 0.9
Solana Beach 12,778 12,784 0.0
Vista 99,978 99,835 -0.1
Balance of County 510,975 509,873 -0.2
San Francisco 837,036 831,703 -0.6
San Joaquin 782,811 786,145 0.4
Escalon 7,338 7,264 -1.0
Lathrop 31,575 35,080 11.1
Lodi 66,305 66,293 0.0
Manteca 86,784 88,803 2.3
Ripon 15,921 15,769 -1.0
Stockton 321,911 319,731 -0.7
Tracy 94,830 95,615 0.8
Balance of County 158,147 157,590 -0.4
San Luis Obispo 279,751 278,348 -0.5
Arroyo Grande 18,140 17,922 -1.2
Atascadero 30,301 30,206 -0.3
El Paso de Robles 31,009 30,692 -1.0
Grover Beach 12,623 12,467 -1.2
Morro Bay 10,415 10,275 -1.3
Pismo Beach 7,958 7,865 -1.2
San Luis Obispo 47,247 47,788 1.1
Balance of County 122,058 121,133 -0.8
San Mateo 740,821 737,644 -0.4
Atherton 6,710 6,678 -0.5
Belmont 27,030 26,793 -0.9
Brisbane 4,672 4,648 -0.5
Burlingame 30,069 30,136 0.2
Colma 1,371 1,359 -0.9
Daly City 102,040 101,471 -0.6
East Palo Alto 28,776 28,586 -0.7
Foster City 32,852 32,703 -0.5
Half Moon Bay 11,313 11,226 -0.8
Hillsborough 10,984 10,962 -0.2
Menlo Park 32,755 32,478 -0.8
Millbrae 22,468 22,487 0.1
Pacifica 37,236 37,082 -0.4
Portola Valley 4,270 4,247 -0.5
Redwood City 81,753 81,495 -0.3
San Bruno 42,340 42,054 -0.7
San Carlos 29,762 29,496 -0.9
San Mateo 103,651 103,318 -0.3
South San Francisco 64,325 64,323 0.0
Woodside 5,143 5,128 -0.3
Balance of County 61,301 60,974 -0.5
Santa Barbara 443,156 440,557 -0.6
Buellton 5,007 4,944 -1.3
Carpinteria 12,866 12,711 -1.2
Goleta 32,375 32,442 0.2
Guadalupe 8,467 8,515 0.6
Lompoc 43,733 43,493 -0.5
Santa Barbara 86,279 85,418 -1.0
Santa Maria 109,617 109,477 -0.1
Solvang 5,694 5,669 -0.4
Balance of County 139,118 137,888 -0.9
Santa Clara 1,890,967 1,886,079 -0.3
Campbell 43,092 42,713 -0.9
Cupertino 59,673 59,154 -0.9
Gilroy 59,709 60,078 0.6
Los Altos 31,257 31,021 -0.8
Los Altos Hills 8,414 8,380 -0.4
Los Gatos 33,167 33,102 -0.2
Milpitas 80,862 81,067 0.3
Monte Sereno 3,481 3,519 1.1
Morgan Hill 46,201 45,892 -0.7
Mountain View 83,856 83,601 -0.3
Palo Alto 67,693 67,287 -0.6
San Jose 963,745 959,256 -0.5
Santa Clara 130,462 132,476 1.5
Saratoga 30,758 30,567 -0.6
Sunnyvale 156,364 156,317 0.0
Balance of County 92,233 91,649 -0.6
Santa Cruz 264,912 262,051 -1.1
Capitola 9,753 9,625 -1.3
Santa Cruz 63,454 63,224 -0.4
Scotts Valley 12,010 11,859 -1.3
Watsonville 50,490 49,876 -1.2
Balance of County 129,205 127,467 -1.3
Shasta 180,651 179,436 -0.7
Anderson 11,133 11,027 -1.0
Redding 93,058 92,465 -0.6
Shasta Lake 10,302 10,217 -0.8
Balance of County 66,158 65,727 -0.7
Sierra 3,212 3,193 -0.6
Loyalton 751 744 -0.9
Balance of County 2,461 2,449 -0.5
Siskiyou 43,640 43,548 -0.2
Dorris 843 839 -0.5
Dunsmuir 1,672 1,663 -0.5
Etna 671 668 -0.4
Fort Jones 681 678 -0.4
Montague 1,208 1,203 -0.4
Mount Shasta 3,188 3,215 0.8
Tulelake 882 878 -0.5
Weed 2,815 2,693 -4.3
Yreka 7,732 7,825 1.2
Balance of County 23,948 23,886 -0.3
Solano 445,881 443,749 -0.5
Benicia 26,500 26,180 -1.2
Dixon 18,977 19,018 0.2
Fairfield 119,054 119,526 0.4
Rio Vista 9,916 9,988 0.7
Suisun City 28,809 28,471 -1.2
Vacaville 101,240 100,806 -0.4
Vallejo 123,154 121,658 -1.2
Balance of County 18,231 18,102 -0.7
Sonoma 480,623 478,174 -0.5
Cloverdale 8,869 8,787 -0.9
Cotati 7,410 7,360 -0.7
Healdsburg 10,993 10,914 -0.7
Petaluma 58,552 58,321 -0.4
Rohnert Park 43,701 43,693 0.0
Santa Rosa 175,351 174,523 -0.5
Sebastopol 7,433 7,348 -1.1
Sonoma 10,804 10,677 -1.2
Windsor 25,836 25,560 -1.1
Balance of County 131,674 130,991 -0.5
Stanislaus 548,719 545,939 -0.5
Ceres 48,207 47,729 -1.0
Hughson 7,497 7,565 0.9
Modesto 217,699 216,995 -0.3
Newman 12,162 12,040 -1.0
Oakdale 23,241 22,980 -1.1
Patterson 24,142 24,317 0.7
Riverbank 24,670 24,695 0.1
Turlock 71,214 70,856 -0.5
Waterford 8,932 9,042 1.2
Balance of County 110,955 109,720 -1.1
Sutter 99,090 98,952 -0.1
Live Oak 9,389 9,515 1.3
Yuba City 69,623 69,478 -0.2
Balance of County 20,078 19,959 -0.6
Tehama 64,907 64,271 -1.0
Corning 8,084 7,993 -1.1
Red Bluff 14,653 14,439 -1.5
Tehama 430 425 -1.2
Balance of County 41,740 41,414 -0.8
Trinity 15,967 15,939 -0.2
Tulare 474,507 475,064 0.1
Dinuba 25,222 25,469 1.0
Exeter 10,251 10,184 -0.7
Farmersville 10,221 10,151 -0.7
Lindsay 12,557 12,474 -0.7
Porterville 62,654 62,588 -0.1
Tulare 69,457 69,677 0.3
Visalia 142,066 143,031 0.7
Woodlake 7,647 7,711 0.8
Balance of County 134,432 133,779 -0.5
Tuolumne 54,465 54,590 0.2
Sonora 5,053 5,067 0.3
Balance of County 49,412 49,523 0.2
Ventura 831,533 825,653 -0.7
Camarillo 69,925 69,309 -0.9
Fillmore 16,454 16,899 2.7
Moorpark 35,380 35,151 -0.6
Ojai 7,568 7,493 -1.0
Oxnard 199,839 197,477 -1.2
Port Hueneme 21,552 21,356 -0.9
San Buenaventura 107,505 107,341 -0.2
Santa Paula 31,145 31,423 0.9
Simi Valley 124,333 124,174 -0.1
Thousand Oaks 124,439 122,967 -1.2
Balance of County 93,393 92,063 -1.4
Yolo 221,639 220,880 -0.3
Davis 64,814 64,097 -1.1
West Sacramento 53,071 54,187 2.1
Winters 7,464 7,534 0.9
Woodland 60,299 59,881 -0.7
Balance of County 35,991 35,181 -2.3
Yuba 82,193 82,677 0.6
Marysville 12,749 12,606 -1.1
Wheatland 3,645 3,811 4.6
Balance of County 65,799 66,260 0.7
Department of Finance
Demographic Research Unit
Phone: (916) 323-4086
For more information: https://dof.ca.gov/forecasting/demographics/estimates-e1/ Released on May 1, 2023
About the Data
E-1: City/County Population Estimates with Annual Percent Change January 1, 2021 and 2022
Total Population Percent
State/County/City 1/1/2021 1/1/2022 Change
California 39,303,157 39,185,605 -0.3
Alameda 1,662,370 1,651,979 -0.6
Alameda 78,262 77,784 -0.6
Albany 20,542 21,648 5.4
Berkeley 121,269 124,563 2.7
Dublin 73,209 72,932 -0.4
Emeryville 12,617 12,497 -1.0
Fremont 228,872 229,476 0.3
Hayward 161,744 160,591 -0.7
Livermore 87,388 86,149 -1.4
Newark 47,157 47,229 0.2
Oakland 430,100 424,464 -1.3
Piedmont 11,138 10,977 -1.4
Pleasanton 78,924 77,609 -1.7
San Leandro 89,926 88,404 -1.7
Union City 69,301 68,150 -1.7
Balance of County 151,921 149,506 -1.6
Alpine 1,195 1,200 0.4
Amador 40,287 40,297 0.0
Amador 193 191 -1.0
Ione 8,722 8,888 1.9
Jackson 5,028 5,028 0.0
Plymouth 1,056 1,045 -1.0
Sutter Creek 2,640 2,620 -0.8
Balance of County 22,648 22,525 -0.5
Butte 206,640 201,608 -2.4
Biggs 1,974 1,939 -1.8
Chico 102,359 102,892 0.5
Gridley 7,413 7,205 -2.8
Oroville 20,119 18,863 -6.2
Paradise 6,137 7,705 25.5
Balance of County 68,638 63,004 -8.2
Calaveras 45,250 45,049 -0.4
Angels City 3,641 3,623 -0.5
Balance of County 41,609 41,426 -0.4
Colusa 21,773 21,807 0.2
Colusa 6,356 6,383 0.4
Williams 5,530 5,563 0.6
Balance of County 9,887 9,861 -0.3
Contra Costa 1,161,324 1,156,555 -0.4
Antioch 115,142 115,074 -0.1
Brentwood 64,224 64,342 0.2
Clayton 10,964 10,863 -0.9
Concord 124,755 123,634 -0.9
Danville 43,373 43,352 0.0
El Cerrito 25,671 25,650 -0.1
Hercules 26,357 26,091 -1.0
Lafayette 25,217 25,064 -0.6
Martinez 37,195 36,908 -0.8
Moraga 17,206 17,105 -0.6
Oakley 43,627 44,533 2.1
Orinda 19,496 19,478 -0.1
Pinole 18,819 18,628 -1.0
Pittsburg 75,788 75,156 -0.8
Pleasant Hill 34,335 34,026 -0.9
Richmond 114,643 114,489 -0.1
San Pablo 31,793 31,510 -0.9
San Ramon 84,226 83,820 -0.5
Walnut Creek 70,566 69,891 -1.0
Balance of County 177,927 176,941 -0.6
Del Norte 27,593 27,218 -1.4
Crescent City 6,320 6,060 -4.1
Balance of County 21,273 21,158 -0.5
El Dorado 191,054 190,465 -0.3
Placerville 10,636 10,646 0.1
South Lake Tahoe 21,508 21,199 -1.4
Balance of County 158,910 158,620 -0.2
Fresno 1,009,231 1,011,273 0.2
Clovis 121,667 123,665 1.6
Coalinga 17,520 17,277 -1.4
Firebaugh 8,164 8,439 3.4
Fowler 6,863 6,962 1.4
Fresno 542,720 543,660 0.2
Huron 6,176 6,170 -0.1
Kerman 16,074 16,639 3.5
Kingsburg 12,533 12,506 -0.2
Mendota 12,499 12,440 -0.5
Orange Cove 9,553 9,497 -0.6
Parlier 14,553 14,497 -0.4
Reedley 24,929 24,982 0.2
Sanger 26,558 26,304 -1.0
San Joaquin 3,674 3,639 -1.0
Selma 24,702 24,522 -0.7
Balance of County 161,046 160,074 -0.6
Glenn 28,788 28,750 -0.1
Orland 8,319 8,267 -0.6
Willows 6,345 6,427 1.3
Balance of County 14,124 14,056 -0.5
Humboldt 135,553 135,168 -0.3
Arcata 17,633 18,059 2.4
Blue Lake 1,165 1,151 -1.2
Eureka 27,134 26,768 -1.3
Ferndale 1,376 1,367 -0.7
Fortuna 12,523 12,432 -0.7
Rio Dell 3,380 3,342 -1.1
Trinidad 300 296 -1.3
Balance of County 72,042 71,753 -0.4
Imperial 179,488 179,329 -0.1
Brawley 26,648 26,952 1.1
Calexico 38,906 38,711 -0.5
Calipatria 6,465 6,367 -1.5
El Centro 44,871 44,508 -0.8
Holtville 5,504 5,565 1.1
Imperial 20,755 21,513 3.7
Westmorland 2,017 2,004 -0.6
Balance of County 34,322 33,709 -1.8
Inyo 18,982 18,978 0.0
Bishop 3,868 3,869 0.0
Balance of County 15,114 15,109 0.0
Kern 907,324 909,813 0.3
Arvin 19,833 19,639 -1.0
Bakersfield 406,129 408,865 0.7
California City 14,942 14,952 0.1
Delano 50,045 51,258 2.4
Maricopa 1,028 1,018 -1.0
McFarland 14,034 13,902 -0.9
Ridgecrest 28,059 28,061 0.0
Shafter 19,950 20,486 2.7
Taft 7,355 7,011 -4.7
Tehachapi 12,260 12,375 0.9
Wasco 25,235 26,689 5.8
Balance of County 308,454 305,557 -0.9
Kings 151,059 152,023 0.6
Avenal 12,750 13,186 3.4
Corcoran 20,807 22,047 6.0
Hanford 58,544 58,299 -0.4
Lemoore 27,225 27,058 -0.6
Balance of County 31,733 31,433 -0.9
Lake 67,651 67,407 -0.4
Clearlake 16,671 16,509 -1.0
Lakeport 4,898 4,999 2.1
Balance of County 46,082 45,899 -0.4
Lassen 31,132 30,274 -2.8
Susanville 14,514 13,212 -9.0
Balance of County 16,618 17,062 2.7
Los Angeles 9,931,338 9,861,224 -0.7
Agoura Hills 19,975 19,771 -1.0
Alhambra 82,182 81,834 -0.4
Arcadia 56,240 55,934 -0.5
Artesia 16,347 16,226 -0.7
Avalon 3,428 3,394 -1.0
Azusa 50,191 49,704 -1.0
Baldwin Park 71,455 70,855 -0.8
Bell 33,962 33,624 -1.0
Bellflower 78,107 77,359 -1.0
Bell Gardens 39,265 38,861 -1.0
Beverly Hills 32,565 32,265 -0.9
Bradbury 914 904 -1.1
Burbank 106,268 105,451 -0.8
Calabasas 23,151 22,926 -1.0
Carson 92,912 92,362 -0.6
Cerritos 49,163 48,634 -1.1
Claremont 37,364 37,072 -0.8
Commerce 12,273 12,140 -1.1
Compton 95,261 94,233 -1.1
Covina 50,933 50,449 -1.0
Cudahy 22,526 22,318 -0.9
Culver City 40,330 40,135 -0.5
Diamond Bar 54,782 54,204 -1.1
Downey 113,525 112,584 -0.8
Duarte 21,473 21,258 -1.0
El Monte 108,728 107,706 -0.9
El Segundo 17,244 17,084 -0.9
Gardena 60,382 59,947 -0.7
Glendale 194,618 193,116 -0.8
Glendora 52,316 51,821 -0.9
Hawaiian Gardens 13,755 13,619 -1.0
Hawthorne 87,722 86,841 -1.0
Hermosa Beach 19,382 19,171 -1.1
Hidden Hills 1,736 1,738 0.1
Huntington Park 54,519 53,942 -1.1
Industry 440 438 -0.5
Inglewood 107,143 106,481 -0.6
Irwindale 1,482 1,490 0.5
La Canada Flintridge 20,291 20,081 -1.0
La Habra Heights 5,655 5,594 -1.1
Lakewood 81,681 80,876 -1.0
La Mirada 49,074 48,696 -0.8
Lancaster 176,166 175,164 -0.6
La Puente 37,626 37,587 -0.1
La Verne 32,608 32,304 -0.9
Lawndale 31,638 31,301 -1.1
Lomita 20,851 20,633 -1.0
Long Beach 459,757 460,682 0.2
Los Angeles 3,853,323 3,819,538 -0.9
Lynwood 67,260 66,723 -0.8
Malibu 10,739 10,686 -0.5
Manhattan Beach 35,357 34,902 -1.3
Maywood 25,033 24,814 -0.9
Monrovia 37,809 37,563 -0.7
Montebello 62,180 61,622 -0.9
Monterey Park 60,814 60,207 -1.0
Norwalk 102,356 101,645 -0.7
Palmdale 168,895 167,398 -0.9
Palos Verdes Estates 13,116 12,980 -1.0
Paramount 53,009 52,477 -1.0
Pasadena 139,029 138,310 -0.5
Pico Rivera 61,827 61,442 -0.6
Pomona 148,879 149,766 0.6
Rancho Palos Verdes 41,878 41,468 -1.0
Redondo Beach 69,742 68,972 -1.1
Rolling Hills 1,703 1,684 -1.1
Rolling Hills Estates 8,283 8,289 0.1
Rosemead 50,823 50,511 -0.6
San Dimas 34,651 34,352 -0.9
San Fernando 23,520 23,519 0.0
San Gabriel 39,250 38,845 -1.0
San Marino 12,334 12,257 -0.6
Santa Clarita 228,084 228,835 0.3
Santa Fe Springs 18,568 18,763 1.1
Santa Monica 93,242 92,408 -0.9
Sierra Madre 10,959 10,865 -0.9
Signal Hill 11,702 11,597 -0.9
South El Monte 19,532 19,668 0.7
South Gate 92,783 93,259 0.5
South Pasadena 26,849 26,580 -1.0
Temple City 36,497 36,262 -0.6
Torrance 145,876 144,433 -1.0
Vernon 210 208 -1.0
Walnut 28,344 28,094 -0.9
West Covina 109,290 108,243 -1.0
West Hollywood 35,553 35,399 -0.4
Westlake Village 8,121 8,043 -1.0
Whittier 87,886 87,931 0.1
Balance of County 1,016,626 1,009,857 -0.7
Madera 156,385 157,396 0.6
Chowchilla 18,412 18,851 2.4
Madera 66,299 65,843 -0.7
Balance of County 71,674 72,702 1.4
Marin 259,512 257,135 -0.9
Belvedere 2,103 2,080 -1.1
Corte Madera 10,147 10,028 -1.2
Fairfax 7,496 7,418 -1.0
Larkspur 12,963 12,797 -1.3
Mill Valley 14,002 13,850 -1.1
Novato 53,008 52,441 -1.1
Ross 2,330 2,301 -1.2
San Anselmo 12,772 12,645 -1.0
San Rafael 61,179 60,560 -1.0
Sausalito 7,159 7,072 -1.2
Tiburon 9,065 8,956 -1.2
Balance of County 67,288 66,987 -0.4
Mariposa 17,066 17,045 -0.1
Mendocino 90,669 89,999 -0.7
Fort Bragg 7,064 7,153 1.3
Point Arena 446 443 -0.7
Ukiah 16,228 16,080 -0.9
Willits 4,959 4,920 -0.8
Balance of County 61,972 61,403 -0.9
Merced 281,874 284,338 0.9
Atwater 32,019 31,652 -1.1
Dos Palos 5,835 5,715 -2.1
Gustine 6,098 5,981 -1.9
Livingston 14,340 14,410 0.5
Los Banos 46,168 46,639 1.0
Merced 88,200 89,058 1.0
Balance of County 89,214 90,883 1.9
Modoc 8,606 8,690 1.0
Alturas 2,699 2,726 1.0
Balance of County 5,907 5,964 1.0
Mono 13,299 13,379 0.6
Mammoth Lakes 7,324 7,365 0.6
Balance of County 5,975 6,014 0.7
Monterey 435,721 433,716 -0.5
Carmel-by-the-Sea 3,095 3,041 -1.7
Del Rey Oaks 1,558 1,539 -1.2
Gonzales 8,492 8,340 -1.8
Greenfield 18,705 19,634 5.0
King City 13,476 13,331 -1.1
Marina 21,271 21,457 0.9
Monterey 28,347 28,082 -0.9
Pacific Grove 14,942 14,761 -1.2
Salinas 161,777 159,932 -1.1
Sand City 378 372 -1.6
Seaside 31,113 32,068 3.1
Soledad 26,316 26,308 0.0
Balance of County 106,251 104,851 -1.3
Napa 137,518 136,179 -1.0
American Canyon 21,566 21,658 0.4
Calistoga 5,283 5,199 -1.6
Napa 78,246 77,480 -1.0
St Helena 5,521 5,437 -1.5
Yountville 2,942 2,829 -3.8
Balance of County 23,960 23,576 -1.6
Nevada 101,919 101,242 -0.7
Grass Valley 13,670 13,617 -0.4
Nevada City 3,386 3,334 -1.5
Truckee 17,035 17,100 0.4
Balance of County 67,828 67,191 -0.9
Orange 3,169,542 3,162,245 -0.2
Aliso Viejo 51,233 50,782 -0.9
Anaheim 344,604 341,245 -1.0
Brea 47,097 46,872 -0.5
Buena Park 83,968 83,430 -0.6
Costa Mesa 112,183 111,394 -0.7
Cypress 50,029 49,810 -0.4
Dana Point 33,053 32,943 -0.3
Fountain Valley 57,068 56,564 -0.9
Fullerton 141,974 142,732 0.5
Garden Grove 171,284 170,526 -0.4
Huntington Beach 197,616 196,100 -0.8
Irvine 301,254 310,250 3.0
Laguna Beach 22,862 22,706 -0.7
Laguna Hills 31,017 30,750 -0.9
Laguna Niguel 64,885 64,316 -0.9
Laguna Woods 17,670 17,514 -0.9
La Habra 62,317 61,792 -0.8
Lake Forest 86,406 86,775 0.4
La Palma 15,463 15,332 -0.8
Los Alamitos 11,895 11,873 -0.2
Mission Viejo 93,171 92,515 -0.7
Newport Beach 84,459 83,727 -0.9
Orange 137,534 137,676 0.1
Placentia 51,522 51,204 -0.6
Rancho Santa Margarita 47,703 47,279 -0.9
San Clemente 63,877 63,380 -0.8
San Juan Capistrano 34,907 34,798 -0.3
Santa Ana 311,340 308,459 -0.9
Seal Beach 25,002 24,846 -0.6
Stanton 38,284 39,275 2.6
Tustin 80,157 79,535 -0.8
Villa Park 5,834 5,782 -0.9
Westminster 90,812 90,393 -0.5
Yorba Linda 67,760 67,233 -0.8
Balance of County 133,302 132,437 -0.6
Placer 407,517 409,025 0.4
Auburn 13,795 13,608 -1.4
Colfax 2,016 2,042 1.3
Lincoln 50,422 51,252 1.6
Loomis 6,833 6,739 -1.4
Rocklin 71,644 71,663 0.0
Roseville 148,794 151,034 1.5
Balance of County 114,013 112,687 -1.2
Plumas 19,574 18,942 -3.2
Portola 2,027 2,042 0.7
Balance of County 17,547 16,900 -3.7
Riverside 2,424,587 2,435,525 0.5
Banning 30,629 30,877 0.8
Beaumont 54,313 54,690 0.7
Blythe 17,470 17,505 0.2
Calimesa 10,544 10,899 3.4
Canyon Lake 11,147 11,056 -0.8
Cathedral City 51,898 51,840 -0.1
Coachella 42,178 42,158 0.0
Corona 156,901 156,778 -0.1
Desert Hot Springs 32,546 32,569 0.1
Eastvale 70,444 69,929 -0.7
Hemet 89,823 89,646 -0.2
Indian Wells 4,771 4,762 -0.2
Indio 88,862 89,137 0.3
Jurupa Valley 105,415 105,384 0.0
Lake Elsinore 70,891 71,615 1.0
La Quinta 37,949 37,860 -0.2
Menifee 103,617 106,627 2.9
Moreno Valley 209,603 209,407 -0.1
Murrieta 111,671 111,183 -0.4
Norco 24,563 24,909 1.4
Palm Desert 50,976 50,889 -0.2
Palm Springs 44,570 44,397 -0.4
Perris 79,327 78,890 -0.6
Rancho Mirage 16,650 16,804 0.9
Riverside 312,789 317,847 1.6
San Jacinto 54,503 54,593 0.2
Temecula 110,394 109,925 -0.4
Wildomar 36,928 36,632 -0.8
Balance of County 393,215 396,717 0.9
Sacramento 1,580,624 1,576,618 -0.3
Citrus Heights 87,245 86,367 -1.0
Elk Grove 176,769 176,972 0.1
Folsom 83,075 84,592 1.8
Galt 25,383 25,239 -0.6
Isleton 790 780 -1.3
Rancho Cordova 79,536 80,359 1.0
Sacramento 518,322 518,037 -0.1
Balance of County 609,504 604,272 -0.9
San Benito 64,769 65,479 1.1
Hollister 41,919 42,554 1.5
San Juan Bautista 2,120 2,093 -1.3
Balance of County 20,730 20,832 0.5
San Bernardino 2,182,343 2,187,665 0.2
Adelanto 36,569 36,357 -0.6
Apple Valley 76,160 75,628 -0.7
Barstow 25,405 25,202 -0.8
Big Bear Lake 5,054 5,041 -0.3
Chino 89,824 91,998 2.4
Chino Hills 78,437 77,964 -0.6
Colton 53,853 53,617 -0.4
Fontana 209,889 212,809 1.4
Grand Terrace 13,131 13,042 -0.7
Hesperia 100,225 100,324 0.1
Highland 56,915 56,546 -0.6
Loma Linda 25,310 25,349 0.2
Montclair 38,052 37,846 -0.5
Needles 4,915 4,876 -0.8
Ontario 176,689 179,516 1.6
Rancho Cucamonga 174,484 174,476 0.0
Redlands 72,933 72,585 -0.5
Rialto 104,050 103,954 -0.1
San Bernardino 222,024 220,840 -0.5
Twentynine Palms 27,486 27,685 0.7
Upland 78,891 79,139 0.3
Victorville 134,700 136,561 1.4
Yucaipa 54,830 54,494 -0.6
Yucca Valley 21,846 21,813 -0.2
Balance of County 300,671 300,003 -0.2
San Diego 3,288,503 3,287,306 0.0
Carlsbad 115,680 115,585 -0.1
Chula Vista 276,922 276,785 0.0
Coronado 22,611 22,277 -1.5
Del Mar 3,957 3,929 -0.7
El Cajon 106,447 105,638 -0.8
Encinitas 61,724 61,515 -0.3
Escondido 151,389 150,679 -0.5
Imperial Beach 26,448 26,243 -0.8
La Mesa 60,608 60,472 -0.2
Lemon Grove 27,422 27,242 -0.7
National City 61,755 61,471 -0.5
Oceanside 173,932 173,048 -0.5
Poway 48,850 48,759 -0.2
San Diego 1,371,832 1,374,790 0.2
San Marcos 92,958 93,585 0.7
Santee 59,146 59,015 -0.2
Solana Beach 12,909 12,812 -0.8
Vista 99,536 100,291 0.8
Balance of County 514,377 513,170 -0.2
San Francisco 849,475 842,754 -0.8
San Joaquin 782,372 784,298 0.2
Escalon 7,439 7,362 -1.0
Lathrop 29,384 31,331 6.6
Lodi 66,145 66,570 0.6
Manteca 84,995 86,859 2.2
Ripon 16,162 15,979 -1.1
Stockton 323,884 322,489 -0.4
Tracy 93,624 94,538 1.0
Balance of County 160,739 159,170 -1.0
San Luis Obispo 279,710 280,721 0.4
Arroyo Grande 18,533 18,294 -1.3
Atascadero 30,823 30,480 -1.1
El Paso de Robles 31,659 31,176 -1.5
Grover Beach 12,879 12,707 -1.3
Morro Bay 10,638 10,466 -1.6
Pismo Beach 8,095 7,981 -1.4
San Luis Obispo 47,541 47,653 0.2
Balance of County 119,542 121,964 2.0
San Mateo 751,596 744,662 -0.9
Atherton 6,806 6,718 -1.3
Belmont 27,587 27,203 -1.4
Brisbane 4,789 4,721 -1.4
Burlingame 30,699 30,283 -1.4
Colma 1,391 1,370 -1.5
Daly City 103,930 102,875 -1.0
East Palo Alto 29,423 28,963 -1.6
Foster City 33,325 33,056 -0.8
Half Moon Bay 11,462 11,308 -1.3
Hillsborough 11,110 11,018 -0.8
Menlo Park 33,509 33,034 -1.4
Millbrae 22,807 22,512 -1.3
Pacifica 38,088 37,533 -1.5
Portola Valley 4,355 4,289 -1.5
Redwood City 81,771 82,344 0.7
San Bruno 43,169 42,656 -1.2
San Carlos 30,207 29,837 -1.2
San Mateo 104,719 103,779 -0.9
South San Francisco 65,090 64,492 -0.9
Woodside 5,271 5,212 -1.1
Balance of County 62,088 61,459 -1.0
Santa Barbara 443,674 445,164 0.3
Buellton 5,185 5,055 -2.5
Carpinteria 13,267 12,963 -2.3
Goleta 33,315 32,591 -2.2
Guadalupe 8,622 8,544 -0.9
Lompoc 44,044 43,845 -0.5
Santa Barbara 88,499 86,591 -2.2
Santa Maria 110,969 109,910 -1.0
Solvang 5,858 5,709 -2.5
Balance of County 133,915 139,956 4.5
Santa Clara 1,907,693 1,894,783 -0.7
Campbell 43,086 42,833 -0.6
Cupertino 59,884 59,610 -0.5
Gilroy 59,396 59,269 -0.2
Los Altos 31,651 31,526 -0.4
Los Altos Hills 8,414 8,400 -0.2
Los Gatos 33,193 33,062 -0.4
Milpitas 80,287 80,839 0.7
Monte Sereno 3,458 3,488 0.9
Morgan Hill 46,626 46,451 -0.4
Mountain View 83,128 83,864 0.9
Palo Alto 67,422 67,473 0.1
San Jose 991,144 976,482 -1.5
Santa Clara 129,122 130,127 0.8
Saratoga 30,772 30,667 -0.3
Sunnyvale 155,326 156,234 0.6
Balance of County 84,784 84,458 -0.4
Santa Cruz 266,553 266,564 0.0
Capitola 10,112 9,794 -3.1
Santa Cruz 57,594 64,075 11.3
Scotts Valley 12,407 12,049 -2.9
Watsonville 52,147 50,669 -2.8
Balance of County 134,293 129,977 -3.2
Shasta 182,020 180,531 -0.8
Anderson 11,181 11,088 -0.8
Redding 93,879 92,963 -1.0
Shasta Lake 10,318 10,237 -0.8
Balance of County 66,642 66,243 -0.6
Sierra 3,225 3,229 0.1
Loyalton 737 737 0.0
Balance of County 2,488 2,492 0.2
Siskiyou 43,931 43,830 -0.2
Dorris 859 847 -1.4
Dunsmuir 1,705 1,681 -1.4
Etna 684 674 -1.5
Fort Jones 694 684 -1.4
Montague 1,232 1,215 -1.4
Mount Shasta 3,247 3,204 -1.3
Tulelake 899 886 -1.4
Weed 2,826 2,828 0.1
Yreka 7,777 7,772 -0.1
Balance of County 24,008 24,039 0.1
Solano 449,964 447,241 -0.6
Benicia 26,995 26,656 -1.3
Dixon 19,094 19,083 -0.1
Fairfield 120,421 119,897 -0.4
Rio Vista 9,961 9,925 -0.4
Suisun City 29,266 28,896 -1.3
Vacaville 101,286 101,257 0.0
Vallejo 124,410 123,190 -1.0
Balance of County 18,531 18,337 -1.0
Sonoma 484,674 482,404 -0.5
Cloverdale 9,029 8,905 -1.4
Cotati 7,512 7,397 -1.5
Healdsburg 11,174 11,030 -1.3
Petaluma 59,756 58,945 -1.4
Rohnert Park 44,287 43,998 -0.7
Santa Rosa 177,396 175,775 -0.9
Sebastopol 7,520 7,489 -0.4
Sonoma 10,755 10,779 0.2
Windsor 26,134 25,942 -0.7
Balance of County 131,111 132,144 0.8
Stanislaus 551,737 549,466 -0.4
Ceres 48,762 48,386 -0.8
Hughson 7,495 7,495 0.0
Modesto 218,745 217,880 -0.4
Newman 12,326 12,244 -0.7
Oakdale 23,110 23,071 -0.2
Patterson 23,839 24,370 2.2
Riverbank 24,735 24,583 -0.6
Turlock 71,734 71,531 -0.3
Waterford 8,944 8,872 -0.8
Balance of County 112,047 111,034 -0.9
Sutter 98,908 99,145 0.2
Live Oak 9,191 9,394 2.2
Yuba City 69,614 69,663 0.1
Balance of County 20,103 20,088 -0.1
Tehama 65,374 65,052 -0.5
Corning 8,157 8,100 -0.7
Red Bluff 14,698 14,605 -0.6
Tehama 427 424 -0.7
Balance of County 42,092 41,923 -0.4
Trinity 16,050 16,023 -0.2
Tulare 474,032 475,014 0.2
Dinuba 24,872 25,127 1.0
Exeter 10,305 10,257 -0.5
Farmersville 10,308 10,239 -0.7
Lindsay 12,624 12,566 -0.5
Porterville 62,515 62,345 -0.3
Tulare 69,229 69,462 0.3
Visalia 141,279 142,091 0.6
Woodlake 7,513 7,648 1.8
Balance of County 135,387 135,279 -0.1
Tuolumne 54,791 55,291 0.9
Sonora 5,121 5,144 0.4
Balance of County 49,670 50,147 1.0
Ventura 840,093 833,652 -0.8
Camarillo 70,739 70,171 -0.8
Fillmore 16,681 16,469 -1.3
Moorpark 35,821 35,399 -1.2
Ojai 7,523 7,466 -0.8
Oxnard 200,480 200,050 -0.2
Port Hueneme 22,188 21,599 -2.7
San Buenaventura 109,821 108,231 -1.4
Santa Paula 30,629 30,892 0.9
Simi Valley 126,478 124,985 -1.2
Thousand Oaks 125,995 124,592 -1.1
Balance of County 93,738 93,798 0.1
Yolo 217,237 221,165 1.8
Davis 66,687 64,869 -2.7
West Sacramento 53,776 52,837 -1.7
Winters 7,399 7,422 0.3
Woodland 60,999 60,137 -1.4
Balance of County 28,376 35,900 26.5
Yuba 81,988 82,275 0.4
Marysville 13,003 12,824 -1.4
Wheatland 3,708 3,664 -1.2
Balance of County 65,277 65,787 0.8
Department of Finance
Demographic Research Unit
Phone: (916) 323-4086
For more information: http://www.dof.ca.gov/research/demographic/reports/estimates/e-1/view.php Released on May 2, 2022
Item No. 18.

CITY COUNCIL AGENDA – JUNE 6, 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 16, 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. 18.
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. 18.
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. 18.
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. 18.

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. 18.

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. 18.

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)
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~~~~ s~,~, jm~ rti r ~a-s~

NOTICE REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Authority: Section 105$.5, Water Code.

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

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

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