Porterville City Council
June 20, 2023

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

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

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

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

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

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

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

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

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

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

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

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

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

A.2. SCOPE OF WORK.

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

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

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

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

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

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

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

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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

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

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

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

Exhibit D

12. [RESERVED].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Exhibit D
e. Except as set forth in this paragraph, there are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project.
f. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.
g. The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. h. Any financial statements or other financial documentation of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.
i. The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
j. The Recipient has no conflicting or material obligations, except as set forth in this paragraph. k. The Recipient legally possesses all real property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least to the Records Retention End Date of this Agreement, except as set forth in this paragraph. l. The Recipient and its principals, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized.
m. The Recipient possesses all water rights necessary for this Project.

23. Federal SRF Requirements. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions for the Useful Life of the Project:
a. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 2 of this Agreement in all construction contracts and subcontracts.
c. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
d. The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/ogd.
e. No Recipient may receive funding under this Agreement unless it has provided its DUNS number to the State Water Board.
f. [RESERVED]
g. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR.
h. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
i. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement.
j. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed.

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

Exhibit D
k. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A.
l. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. m. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing.
n. The Recipient certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board.
iii. The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks disbursements under this Agreement.
o. The Recipient must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).

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

Exhibit D
p. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
q. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises as set forth in this Agreement. r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. u. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
v. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. w. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. x. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
y. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
z. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
aa. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).

Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. bb. The Recipient certifies that no Project Funds will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or
iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.

Item No. 15.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Adoption of Fiscal Year 2023-2024 Budget
SOURCE: City Manager's Office
COMMENT: Consistent with the City Charter, the City Manager must submit for the City Council’s consideration a proposed Budget for the 2023-2024 Fiscal Year.

Section 51 of the City Charter provides that the City Manager shall provide not later than thirty (30) days before the end of the City’s fiscal year, an estimate of expenditures and revenues of the City Departments for the ensuing year. The City Charter provides that “after duly considering the estimate and making such corrections or modifications thereto as shall seem advisable to it, the Council shall by resolution adopt a general budget and such resolution shall operate as an appropriation of funds to the amounts and for the purposes set forth in the budget so adopted.” All spending authority from the current 2022-2023 Fiscal Year budget expires after June 30, 2023. Therefore, a new budget must be adopted which allows payroll to be paid and routine expenditures to be incurred effective July 1, 2023. The Charter is not specific as to the duration of the adoption, thus accordingly, consistent with past Council discussion, the Council may authorize a budget adoption period less than the full fiscal year.

Given the challenges encountered by staff this past March during the historic flood event that significantly interrupted the budget development process, staff recommended that the Council consider adopting a continuance of the 2022- 2023 Fiscal Year budget for the first quarter of the 2023-2024 Fiscal Year (July - September), with the objective of formally adopting a refined 2023-2024 Fiscal Year budget prior to October 1, 2023. At its meeting on April 4, 2023, the Council acted to continue with the currently approved 2022-2023 Fiscal Year budget, and defer the adoption of the new 2023-2024 Fiscal Year budget until October 1, 2023. Staff is planning to present the preliminary 2023-2024 Fiscal Year budget to the Council at its meeting on September 5, 2023, and schedule a Public Hearing for the meeting of September 19, 2023, to consider adoption by the Council.

At its Special Meeting on May 23, 2023 in review and determination of its Priority Projects for the 2023-2024 Fiscal Year, the Council affirmed its twelve (12) Priority Projects, providing additional direction in several regards:

1. Interim and New Library Facilities: Continue pursuit of grants and other funding opportunities, including Assemblyman Mathis proposed State appropriation of $15 million; Consider Captain Figueroa and Firefighter Jones Memorial Statue at the new Library entrance.

Item No. 15.

2. Street Improvements: Consider signal installation at Olive Avenue and Redwood Street as part of the Olive Avenue Bridge Widening and Gateway Project.

3. Tertiary Treatment: Continue pursuit of grant funding opportunities.

4. Community Recreation Center: Continue pursuit of grants and other funding opportunities.

5. New Animal Shelter Facility: Continue pursuit of grants and other funding opportunities.

6. Serious Accident Review Team (SART) Recommendations: None

7. Sports Complex Completion/Adult Baseball Field: Continue pursuit of grants and other funding opportunities.

8. Henry Street Park: None

9. Skate Park Shade Structure and Lighting: Consider installation of security nodes along Veteans Park Trail.

10. State Routes 65 and 190 Community Welcome Signs: None

11. Westwood Bridge Widening (Tule River): None

12. American Rescue Plan Act (ARPA) Funding: Appropriate estimated $2 million in unallocated ARPA funds to improvements at the Navigation Center and homeless support services.

The Council provided additional direction to consider concrete and lighting improvements to the Zalud Park Trail system, as well as the development of a second City swimming pool complex and/or the installation of splash pads at City parks as designated community cooling centers.

RECOMMENDATION: That the City Council conduct the Public Hearing and consider for adoption the draft Resolution for the proposed 2023-2024 Fiscal Year Budget through October 1, 2023, including any modifications and for the time period as designated by Council.

ATTACHMENTS: 1. Draft Resolution _Budget
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Item No. 15.

Final Approver: Fernando Gabriel-Moraga, Deputy City Clerk RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PORTERVILLE ADOPTING THE PROVISIONAL INTERIM CITY BUDGET FOR THE PERIOD JULY 1, 2023 THROUGH SEPTEMBER 30, 2023
WHEREAS: The City Charter of the City of Porterville, provides that the City Manager submit an estimate of the expenditures and revenues of the City departments for the ensuing fiscal year not later than 30 days before the end of the City’s current fiscal year; and WHEREAS: The City has experienced challenges in March during the historic flood event that significantly interrupted the budget development process, and still causing a tremendous amount of work for staff; and
WHEREAS: All spending authority from the current fiscal year 2022-2023 budget expires after June 30, 2023 and a new budget must be adopted which allows payroll to be paid and routine expenditures to be incurred effective July 1, 2023.

NOW, THEREFORE, BE IT RESOLVED:

1. That the City Council of the City of Porterville adopt a provisional interim City Budget with the continuance of the Fiscal Year 2022-2023 City Budget for the period July 1, 2023 to September 30, 2023.

2. That the City Council conduct a public hearing and adopt a refined Fiscal Year 2023- 2024 City Budget on September 19, 2023.

PASSED, APPROVED AND ADOPTED this 20th day of June, 2023. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 16.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Annual Adjustment of Fees by Application of the Engineering News-Record (ENR) Cost Index
SOURCE: Engineering and Project Management
COMMENT:

In accordance with prior City Council authorization, staff calculates and adjusts all of the attached fees annually. The policy, as of 2003, is to provide the Council notice of all the proposed adjustments, whether the fees are subject to the Mitigation Fee Act or not, sixty (60) days before the new fees become effective. The fees are adjusted annually by application of the Engineering News-Record (ENR) Cost Index.

At the Council meeting on April 18, 2023, the Agenda item for the intent to set a Public Hearing for the annual adjustment of fees was pulled at the request of Council Member Meister to clarify how fees are assessed as properties develop.

For residential properties, the fee calculations for standard sized lots created by subdivisions are straightforward, but large properties that are typically former County areas require a different approach. Since November 1995, it has been the City's standard process to review large parcels as "estate lots". This implemented a 15,000-square foot (sf) rule, where if a lot is less than 15,000 sf, the entire parcel area is used to assess fees; if a lot is greater than 15,000 sf, fees are capped using a 15,000 sf improved area size. Future permits for new development on that residential lot will then trigger new fee calculations at that time. For commercial developments, fees have always been assessed per the "improved area" approach and take into account phasing of those properties.

Only that area that receives improvements (building, structure, asphalt, concrete, landscaping) is subject to fees and the unimproved area (bare land) is exempt until a new permit proposes to develop that remaining area, or a portion thereof.

Most of the fees in Exhibit "H" Connection Fees and Exhibit "A" Park Impact Fees were in effect prior to January 1, 1989, (the effective date of the Mitigation Fee Act) and have only been increased by the ENR 20-City Construction Cost Index. The fees subject to the Act that were adopted or increased after its effective date were adopted or increased in accordance with those regulations. City staff has given sixty (60) days notice to the Building Industry Association (BIA) for the fees covered by the Mitigation Fee Act, along with notice to local developers and engineering firms of the proposed impact fee increase.

Item No. 16.

If approved, the new fees will take effect on July 1, 2023.

RECOMMENDATION: That the City Council:

1. Conduct the Public Hearing and consider all public testimony; and

2. Implement the ENR Cost Index automatic increase for Fiscal Year 2023-2024 of 3.01%.

ATTACHMENTS: 1. Exhibit A Park Impact Fees

2. Exhibit H Connection Fees

3. California Government Code 6601
Appropriated/Funded:

Review By:

Department Director:

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

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

2. Multiple Family Per Unit ∆ $745 $767

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

CONNECTION FEES

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Eight Inch - per foot $18.99 $19.56

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

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

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

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

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

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

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

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

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

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

1. Connection Charges - per foot $11.77 $12.12

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

1. Multiple Family - per foot $3.75 $3.86

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

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

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

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

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

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

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

1. Multiple Family - per foot $4.90 $5.05

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

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

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

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

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

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

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

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

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

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

State of California

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

At least 10 days prior to the meeting, the local agency shall make available to the public data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues. Unless there has been voter approval, as prescribed by Section 66013 or 66014, no local agency shall levy a new fee or service charge or increase an existing fee or service charge to an amount which exceeds the estimated amount required to provide the service for which the fee or service charge is levied. If, however, the fees or service charges create revenues in excess of actual cost, those revenues shall be used to reduce the fee or service charge creating the excess.
(b)  Any action by a local agency to levy a new fee or service charge or to approve an increase in an existing fee or service charge shall be taken only by ordinance or resolution. The legislative body of a local agency shall not delegate the authority to adopt a new fee or service charge, or to increase a fee or service charge. (c)  Any costs incurred by a local agency in conducting the meeting or meetings required pursuant to subdivision (a) may be recovered from fees charged for the services which were the subject of the meeting.
(d)  This section shall apply only to fees and charges as described in Sections 51287, 56383, 65104, 65456, 65584.1, 65863.7, 65909.5, 66013, 66014, and 66451.2 of this code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code. (e)  Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion levying a fee or service charge subject to this section shall be brought pursuant to Section 66022.
(Amended by Stats. 2006, Ch. 643, Sec. 19. Effective January 1, 2007.) Item No. 17.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Second Reading - Ordinance No. 1901 - Amending Section 204.01 and 204.02 of the Porterville Development Ordinance Regarding the PO (Professional Office) Zone District
SOURCE: Administrative Services
COMMENT: Ordinance No. 1901, an Ordinance of the City Council of the City of Porterville amending Section 204.01 and 204.02 of the Porterville Development Ordinance Regarding the PO (Professional Office) Zone District was given first reading on June 6, 2023, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1901, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1901
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
ORDINANCE NO. 1901

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTIONS 204.01 AND 204.02 OF THE PORTERVILLE DEVELOPMENT

ORDINANCE REGARDING THE PO (PROFESSIONAL OFFICE) ZONE DISTRICT WHEREAS: On June 6, 2023 the City Council at its regularly scheduled meeting held a public hearing to consider amendments to the Porterville Development Ordinance; and WHEREAS: The purpose of the proposed amendments is to recognize the value and importance of and to accommodate personal services businesses, including but not limited to salons and barber shops, self-services laundries, seamstresses and tailors, and similar businesses by removing a barrier to their operation in the PO district, to wit, the requirement that those personal services only be operated as an accessory use to an established professional office use; and WHEREAS: Pursuant to State and local environmental regulations, the proposed modifications serve to provide greater clarity to uses as identified in the Porterville 2030 General Plan, and the proposed ordinance is an implementation measure of the policies, goals, and objectives of the Plan.

The Environmental Coordinator made a determination on the basis of substantial evidence that, since the amendment would not result in a new type of permitted use or in uses containing a greater floor area than already permissible, it can be shown with certainty that there is no possibility that the proposed text amendment could have a significant effect on the environment.

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

SECTION 1: The proposed text amendment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

SECTION 2: Section 204.01, Purpose, of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

SECTION 204.01, Purpose
The specific purposes of the “Employment” Districts are to:

A. Provide appropriate areas of the city where employment uses can locate and operate without significant conflicts with other land uses.

B. Strengthen the city’s economic base and provide employment opportunities for residents of the city.

C. Ensure the provision of services and facilities needed to accommodate planned population densities.

Additional purposes of each “Employment” District:

PO Professional Office. To allow for areas of office complex development, including professional and medical offices, personal services, as well as research and development activities, small restaurants, support services, and convenience retail. The maximum FAR is 0.50.

IP Industrial Park. To provide areas for a mix of light industrial, secondary office, bulk retail, and service uses. This district allows for uses such as, warehouse, personal storage (mini-storage), distribution centers, research and development, wholesale, and office space with limited customer access. This district also allows for other uses, such as commercial recreation, small-scale retail, and service uses serving local employees and visitors are permitted as secondary uses. The maximum FAR is 0.40.

IG General Industrial. To provide areas for businesses that have potential to create adverse visual, noise, or other impacts to adjoining public and residential properties. This district allows for uses such as, warehousing, manufacturing, food processing, distribution, with support commercial services and ancillary office space. No retail uses are allowed.

The maximum FAR is 0.60.

IA Airport Industrial. To provide areas for the Municipal Airport and for related businesses that have the potential to create adverse visual, noise, or other impacts to adjoining public and residential properties. Small-scale retail and service uses serving local employees and visitors are permitted as secondary uses. This designation allows for a maximum FAR of 0.60.

SECTION 3: Table 204.02, Land Use Regulations – Downtown Districts, of Section 204.02 of Chapter 21 of the Porterville Municipal Code is hereby amended as follows:

Use Classification PO IP IG IA Additional Regulations
Public and semi-public uses:

Colleges and trade schools,
public or private

C P - -
Correctional facility - P P -
Cultural institutions P - - -
Day care centers P P(1) - -
Elderly and long-term care P - - -
Instructional services P P - P
Residential care facilities,
general
C - - - Section 301.15, “Residential Care
Facilities, General”
Schools, public or private P - - -
Commercial uses:

Aircraft sales, services, and
storage
- - - P
Animal care, sales and
services:

See sub-classifications below
Kennels - M M -
Veterinary services - P P -
Automobile/vehicle sales and
services:

See sub-classifications below
Automobile/vehicle service
and repair, major
- P P - Section 301.04, “Automobile/Vehicle
Service And Repair”
Automobile/vehicle service
and repair, minor
- P P - Section 301.04, “Automobile/Vehicle
Service And Repair”
Automobile/vehicle washing - P P - Section 301.05, “Auto Service Stations And Car Washing”
Large vehicle and equipment
sales, service, and rental
- C P -
Service station - C C - Section 301.05, “Auto Service
Stations And Car Washing”
Towing and impound - C P - Section 300.09, “Outdoor Storage” Banks and financial
institutions:

See sub-classifications below
Banks and credit unions P P(1) P(1) P(1)
Check cashing businesses P - - -
Building materials and services - P P -
Business services P P(1) P(1) -
Cannabis dispensary - - - P Municipal Code chapter 15, article VII
Commercial entertainment and
recreation:

See sub-classifications below
Large-scale - C C C Section 301.02, “Alcoholic Beverage Sales”
Small scale - C - - Section 301.02, “Alcoholic Beverage Sales”
Eating, drinking, and smoking
establishments:

See sub-classifications below
Coffee shops/cafes P(2) P(1) P(1) P Section 300.08, “Outdoor Seating” Restaurants P(2) P(1) P(1) P Sections 300.08, “Outdoor Seating”; and 301.02, “Alcoholic Beverage
Sales”
Food and beverage retail sales P(2) P(1) P(1) - Section 301.02, “Alcoholic Beverage Sales”
Funeral parlors and mortuaries - P P -
Hotels and motels - C C -
Bed and breakfasts P(10) - - -
Light fleet based services - P P -
Maintenance and repair
services
- P P -
Medical facilities: See sub-classifications below
Hospital P - - -
Medical clinic P - - -
Professional/medical P - - -
Offices: See sub-classifications below
General offices P P P P
Walk-in clientele P - - -
Parking, public or private P(3) P P -
Personal services P P(1) - -
Retail sales P(2) P(2) P(2) -
Salvage and wrecking: - C C C Section 300.09, “Outdoor Storage” Salvage and wrecking
conducted wholly within a
building
- P P P Section 300.09, “Outdoor Storage”
Sexually oriented business - P P - Section 301.17, “Sexually Oriented Businesses”
Wholesaling and distribution - P P P
Industrial uses:

Construction and material
yards
- P P - Section 300.09, “Outdoor Storage”
Handicraft/custom
manufacturing
- P P P
Industry, general: - P P P
Alcohol manufacture - C(4) C -
Hazardous waste management
facilities
- C(6) C -
Manufacture, processing, or
treatment of materials which
may be obnoxious, offensive or
hazardous to health and safety
of persons and property
- - C -
Industry, limited - P P P
Recycling facilities: See sub-classifications below
Recycling collection facility - - P - Section 301.14, “Recycling Facilities”
Recycling processing facility - - P - Section 301.14, “Recycling Facilities”
Warehousing and storage: See sub-classifications below
Chemical, mineral, and
explosives storage
- C C C
Indoor warehousing and
storage
- P P P
Personal storage - P P P Section 301.13, “Personal Storage Facilities”
Transportation, communication, and utilities uses:

Communication facilities: See sub-classifications below Antenna and transmission
towers, camouflage facilities
P(7) P(7) P(7) P(7) Section 301.20, “Telecommunication
Facilities”
Antenna and transmission
towers, non-camouflage
facilities
M(7) M(7) M(7) M(7) Section 301.20, “Telecommunication
Facilities”
Broadcasting facility - P P P Section 301.20, “Telecommunication Facilities”
Call center P(2) P P -
Freight/truck terminals and
warehouses
- P P P
Heliports - C C C
Transportation passenger
terminals
- P P P
Utilities, major: - P P P
Renewable energy facility C C C
Solid waste collection,
treatment, and disposal
- - P C
Utilities, minor P P P P
Agricultural and extractive uses:

Crop cultivation, commercial M P P M Section 301.06, “Crop Cultivation” Crop cultivation, noncommercial- P P -
Mining and quarrying - - C(6) -
Other applicable types:

Accessory uses and structures P P P P Section 301.01, “Accessory Uses And Structures”
Additional uses - - - P(9)
Caretaker unit - P(8) P(8) -
Nonconforming use Chapter 307, “Nonconforming Uses, Structures, And Lots” Temporary use Section 301.21, “Temporary Uses”
Notes:

Specific Limitations:
(1) Permitted only as an accessory use that supports industrial uses, business and office parks, and corporate offices.
(2) Permitted only as an accessory to a primary office and limited to establishments with a gross floor area less than 5,000 square feet in size.
(3) Limited to parking areas for exclusive use of occupants, employees and patrons of the uses, buildings, stores, and businesses located in that zone. (4) Alcohol manufacture must be located more than 500 feet from the nearest residential, or commercial zoning designation as shown on the Official Zoning Map. (5) On-site hazardous waste management facilities must be accessory and incidental to a primary use. (6) In areas designated as Mineral Resource Zones in the General Plan (7) Prohibited within 300 feet of any R district except as detailed in 301.20E. (8) For agricultural employees, when located on farms or ranches containing more than 10 acres. Such dwellings shall be a permanent structure.
(9) Additional uses may be allowed with City Council approval of a Conditional Use Permit. (10) Limited to no more than two rooms in a dwelling rented to not more than four persons. Meals may not be provided to more than four boarders.

SECTION 4: This ordinance shall be in full force and effect thirty (30) days from and after its publication and passage.

PASSED, APPROVED, AND ADOPTED this 20th day of June, 2023. _________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: _________________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 18.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Second Reading - Ordinance No. 1902 - Approving a Development Agreement between the City of Porterville and Cannabis Express, Inc., relating to the development of a retail cannabis dispensary
SOURCE: Administrative Services
COMMENT: Ordinance No. 1902, an Ordinance approving a Development Agreement between the City of Porterville and Cannabis Express, Inc., relating to the development of a retail cannabis dispensary located at 200 N. Main Street, Porterville, California, was given first reading by the City Council at its meeting on June 6, 2023, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1902, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1902
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
1 ORDINANCE NO. 1902

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF PORTERVILLE AND CANNABIS EXPRESS, INC. RELATING TO THE

DEVELOPMENT OF A RETAIL CANNABIS DISPENSARY
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the California State Legislature adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter in agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the Development Agreement Statute, the City of Porterville (“City”) has enacted regulations to implement procedures for the processing and approval of development agreements; and
WHEREAS, Pursuant to Chapter 15, Article VII, Section 15-87, subsection C. of the Porterville Municipal Code, no approval for a Cannabis Business Regulatory Permit may be granted unless the City Council, prior to or concurrently with such approval, also approves a Development Agreement, setting forth the terms and conditions under which the commercial cannabis business will operate in addition to the requirements of Article VII of Chapter 15, all other local ordinances and regulations, State law, and such other requirements as may be promulgated by the City in order to protect and promote the public health, safety, and welfare; and WHEREAS, in accordance with Chapter 15, Article VII of the Porterville Municipal Code, the City of Porterville awarded, via a Request for Proposals process, an opportunity to Cannabis Express, Inc. (“Developer”) to negotiate a Development Agreement and apply for a Cannabis Business Regulatory Permit for the establishment of a Retail Cannabis Dispensary; and WHEREAS, the City and Developer have duly met, negotiated, and agreed upon the terms and conditions for said operation of the commercial cannabis business, to be operated at 200 North Main Street, Porterville, California;
WHEREAS, the Development Agreement will assure the City, its residents, and the Developer that the Development will proceed as proposed and that the public improvements and other amenities and funding obligations will be accomplished as proposed; and WHEREAS, pursuant to Government Code Section 65867 and the City’s Development Agreement regulations, the City Council on June 6, 2023, held a duly noticed public hearing concerning whether to adopt the Development Agreement, during which public hearing the Council received comments from City staff, the Developer, and members of the public. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:

SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement attached hereto as Exhibit A, subject to the provisions of Section 5 hereof.

SECTION 2. This Ordinance is adopted under the authority of California Government Code Section 65854 et seq., and pursuant to the City’s Development Agreement regulations.

SECTION 3. In accordance with the City’s Development Agreement regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan, in that it establishes certain development rights, obligations, and conditions for the implementation of the subject property;
(b) The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the general plan designations that will apply to the subject property;
(c) The Development Agreement is in conformity with public convenience, general welfare, and good land use practice;
(d) The Development Agreement will not be detrimental to the public health, safety, and general welfare; and
(e) The Development Agreement will not adversely affect the order development of property or preservation of property values.

SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct; (b) The City’s General Plan, and any applicable amendments thereto. (c) All City staff reports (and all other public reports and documents) prepared for the City Council, related to the Development Agreement, and other actions relating to the subject property;
(d) All documentary and oral evidence received at the public hearing or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the subject property; and
(e) All other matters of common knowledge to the City Council, including but not limited to the City’s fiscal and financial status, City general ordinances, policies and regulations.

SECTION 5. The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, subject to such minor, conforming and clarifying changes 3 consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney prior to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, as approved by the City Council.

SECTION 6. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [there is no possibility the activity in question may have a significant affirmative effect on the environment]. In addition to the foregoing general exemption, the City Council further finds that the ordinance is categorically exempt from review under CEQA Guidelines section 15303 [conversion of an existing structure from one use to another in conjunction with minor changes to the facility]. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines Section 15062.

SECTION 7. Upon the effective date of this Ordinance as provided in Section 11 hereof, the Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement on behalf of the City of Porterville.

SECTION 8. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement pursuant to the terms of the Agreement.

SECTION 9. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Porterville hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

SECTION 10. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent.

SECTION 11. EFFECTIVE DATE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage and adoption. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code Section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
///
///
///
///
4 PASSED, APPROVED AND ADOPTED this 20th day of June, 2023.

By:

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
___________________________________
By: Patrice Hildreth, Chief Deputy City Clerk
Item No. 19.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Consideration of Interim Operations of the Navigation Center SOURCE: Community Development
COMMENT: The City of Porterville began its partnership with Turning Point of Central California in 2018, with the City Council providing a cash match for the operation of the permanent supportive housing project (PSH), Casa De Robles 3. In 2019, the City Council continued the support for assisting individuals experiencing homelessness with the acquisition of the former Vine Street School site, located at 140 C. Street, to develop a navigation center.

On January 1, 2020, a lease agreement was entered between the City of Porterville and Turning Point of Central California, Inc., (TPOCC) for the purposes of operating a navigation center for individuals experiencing homelessness. In order for the Navigation Center to be established, the City made general fund investments through Resolution No. 17-2019, to provide a $50,000 match, that would be leveraged by TPOCC in order to receive additional grant funds for this project in addition to funding the acquisition of the site. The navigation center has served over 2,550 unique individuals since it opened in September 2020. Most recently, the City Council awarded PLHA Year 1-3 funding totaling $740,468.75 in support of the navigation center and $155,499.90 in support of Casa De Robles 3. On May 23, 2023, the City Council held a special meeting to set goals for the coming year, where the Council expressed their support of utilizing American Rescue Plan Act (ARPA) funds to assist those experiencing homelessness and the operation of the navigation center.

On February 27, 2023, the City received a letter requesting Community Development Block Grant funding from Turning Point for the continued operation of the navigation center. The request was processed and the City Council awarded $60,000 to Turning Point. On May 8, 2023, after the approval of funding, the City received a letter from Turning Point, declining the funding for the current fiscal year and next fiscal year, due to the restricted use for administrative expenses.

City staff responded to that letter outlining the investment and support the City has continued to provide to TPOCC as a partner and for its projects in the community and the concern with the direction TPOCC was taking in declining funding, as they had also expressed their intention to decline other funding due to the level of administrative funds available.

Item No. 19.

Prior to the most recent actions taken by the leadership of Turning Point, the City in partnership with Turning Point, have made efforts to leverage all applicable funding sources that are available to meet the financial needs to be able to operate the navigation center and PSH project.

On Monday, June 5, 2023, the City received a letter dated June 2, 2023, (Attached) from Raymond Banks, Chief Executive Officer, notifying the City of TPOCC’s intent to cease operations of the program after June 30, 2023. City staff reminded TPOCC of the agreement terms which indicated that the Lease may be terminated without cause with 180 days prior written notice. Additionally, section 12.25 termination for loss of funding indicates that “Lessor acknowledges that the ability of the Lessee to pay the rent and other expenses provided for in this Lease is expressly contingent upon the continued receipt of funding from governmental and/or other funders. In the event of the termination or substantial reduction of such funding, Lessee shall have the option to terminate this Lease by giving sixty (60) days written notice of termination to Lessor. This option to terminate can be used strictly in the case of loss or reduction of funding and for no other reason.” The City invited TPOCC to have a meeting to discuss their decision in hopes that both parties could come to an agreement that would provide a seamless transition of the operation of the navigation center to a new service provider.

Mr. Banks did not accept the meeting request and instead responded via email stating that they, “do not have funding in place to operate the program past June 30” and therefore “cannot operate the program past that date.” Turning Point has expressed that its policy is to only utilize funds that have a minimum of fifteen (15) percent administrative allocation. While it is understood that the cost of operating an agency has increased in recent years along with the reporting requirements of state and federal grant programs that are often utilized to provide services to the unhoused members of our community, the typical state grant provides a maximum five (5) percent and HUD grant provides a maximum ten (10) percent allocation for administrative expenses.

Since receiving notification of TPOCC’s intentions to cease operations, staff has reached out to community partners who already have existing program experience working with individuals experiencing homelessness. City staff met with the organizations to seek potential interests in operating the navigation center on an interim basis, as to prevent a break in services, causing thirty individuals to lose housing, as well as the temporary reduction in services for individuals experiencing homelessness in Porterville.

The City has received three (3) proposals for operating the navigation center on an interim basis. All three agencies have experience working with individuals experiencing homelessness. The proposals submitted include a 90-day budget as a transition period, that would allow time to properly procure the state and federal grant funding that was slated to be made available to the Porterville Navigation Center as of July 1, 2023. Central California Family Crisis Center (CCFCC) has submitted a proposal for Item No. 19.
$305,619, Elevate Community Services submitted a proposal for $833,916 and King’s View Behavioral Health System (KVBHS) submitted a proposal for $419,046. The full proposal budgets and a brief summary of the proposals are included as attachments to this report. All of the agencies have demonstrated a desire to re-employ the current staff to maintain rapport with users of the center, with ECS and KVBHS proposing to bring the parttime positions to full-time positions. Additionally, ECS and KVBHS have submitted a one-year proposal showing their interest in operating the project past the 90 day interim period.

The annual Point in Time (PIT) count conducted by the Kings/Tulare Homeless Alliance (KTHA), identified that of the 299 individuals surveyed in Porterville, 101 experience chronic homelessness and 227 are unsheltered.

The report identifies the number of people who are experiencing sheltered and unsheltered homelessness and provides service agencies, local government and policy-makers the opportunity to evaluate trends in homelessness and to evaluate the success of existing programs.

RECOMMENDATION: That the City Council:

1. Consider authorizing the use of American Rescue Plan Act (ARPA) funds to fund the operations of the
Porterville Navigation Center for 90 days;

2. Select and award the Operator of the Porterville
Navigation Center for the interim 90 days;

3. Authorize the City Attorney to draft an agreement for the interim operation of the Navigation Center; and

4. Authorize the Mayor, City Manager or designated staff to sign all necessary documents regarding the contract and process payments per the contract language.

ATTACHMENTS: 1. Lease Agreement

2. Letter Declining CDBG Funding

3. Turning Point of Central California 30 Day Notice

4. Interim Operation Proposals Received Summary

5. CCFCC Proposal

6. ECS Proposal

7. KVBHS Proposal
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 19.

City of Porterville
Economic Development and Housing
Attn: Claudia Calderon
291 N Main Street
Porterville, CA 93257
RE: CDBG Award
Dear Ms. Calderon:

Turning Point of Central CA, Inc (TPOCC) appreciates greatly the award of CDBG funding for Casa De Robles 3 and Porterville Welcome Center for the period of April to June, 2023 and fiscal year 23/34. Unfortunately, after carefully evaluating the current funding, we were able to determine that we currently have enough funds to cover the remainder of this fiscal year and will not be able to exhaust the $60,000 awarded for the time period prior to June 30, 2023. In addition, due to the low percentage of funds available for administrative expenses, we will not be able to accept the award for next fiscal year.

TPOCC greatly appreciates our partnership with City of Porterville and hope to continue to serve our most vulnerable neighbors alongside you. Please contact me with any questions you may have.

Respectfully submitted,
Ryan Banks
Chief Executive Officer-Elect
Signature:

Email:
[email protected]
CDBG Letter for City of Porterville
Final Audit Report 2023-05-02
Created: 2023-05-02
By: Ryan Banks ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAABb8kujY5aak31BkDDpcrVoc_rE30pSSc "CDBG Letter for City of Porterville" History
Document created by Ryan Banks ([email protected])
2023-05-02 - 7:10:52 PM GMT
Document e-signed by Ryan Banks ([email protected])
Signature Date: 2023-05-02 - 7:11:24 PM GMT - Time Source: server Agreement completed.
2023-05-02 - 7:11:24 PM GMT
June 2, 2023
City of Porterville
Economic Development and Housing
Attn: Jason Ridenour
291 N Main Street
Porterville, CA 93257
RE: CDBG Award
Dear Mr. Ridenour,
Turning Point of Central CA, Inc (TPOCC) greatly appreciates the partnership we have established in serving Porterville’s most vulnerable populations in shelter and housing.

Unfortunately, due to a variety of challenges regarding funding for operations and administration of the Porterville Welcome Center and the uncertainty of the funding moving forward, TPOCC is giving a thirty day notice to cease operation of the program.

TPOCC will assist in ways that we can to help the program transition to a new provider, if that is the direction the City would like to go. TPOCC intends to cease operations of the program after June 30, 2023.

Please reach out to me with any questions or concerns. Thank you for the years of partnership. It is the hope of TPOCC that we can continue to partner to serve Porterville in the permanent supportive housing realm.

Sincerely,
Raymond Banks, MPA
Chief Executive Officer
559-344-6440 office
559-786-8225 mobile
Agency Salaries Operating Admin Total Project Cost Funding Sources Proposed Direct Employees
Scope Summary Experience Summary
Central California
Family Crisis Center
$ 154,150.00 $ 151,469.00 5% $ 305,619 GAP-$305,619 5FT 5 PT Essential Services to Keep project
from being
terminated
Operation of Emergency Shelter for individuals fleeing
domestic violence and individuals experiencing
homelessness
Elevate Community
Services
$ 166,072.00 $ 643,578.00 10% $ 890,965 CalAim Housing Navigation- $21,360
CalAIM ECM-$6,440
Housing Navigation - $5,340
GAP-$833,916
11 FT Full Navigation
Center Operations
as it currently
stands plus
increasing all staff
to FT and adding 1
position
3 Low barrier Navigation Centers Currently in Operation:
-Travel Inn Triage Center - 150 clients, funded by City of Fresno
- Villa- 76 clients, funded by City of Fresno
- The Ambassador- 65 clients, funded by City of Fresno
Kings View Behavioral
Health Systems
$ 203,908.00 $ 215,138.00 12% $ 419,046 GAP-$419,046 10 FT Full Navigation Center Operations
as it currently
stands plus
increasing all staff
to FT
Outreach: PATH Program,HOME, ERF, CDBG-Visalia
Day Service Center: South Tulare County - South One Stop Mobile Services: Tulare County Mobile Services Program, HOME
Navigation Services & Housing sustainability: Enhanced
Care Management & Community Support, ERF, Adult FullService Partnership Program Agency Salaries Operating Admin Total Project Cost Funding Sources Proposed Direct Employees
CCFCC
Elevate Community
Services
$ 626,562 $ 1,233,584 10% $ 2,046,161 CalAim Housing Navigation- $21,360
CalAIM ECM-$6,440
Housing Navigation - $5,340
HAPP 4 - $323,041.00
PLHA - $308,563.16
CDBG - $70,000
GAP-$833,916
11 FT
Kings View Behavioral
Health Systems
$ 815,630 $ 573,501 12% $ 1,595,027 Health Plans - $ TBD HAPP 4 - $323,041.00
PLHA - $308,563.16
CDBG - $70,000
GAP -$ TBD
10 FT
No Annual Budget Proposed
90 Day Budget Proposals
Annual Budget Proposals
Porterville Navigation Center Interim Operations Proposals Received Summary *Potential Funding Sources Proposed are estimates based on preliminary conversations that will need to be procured during the 90 day interim operational window

Elevate Community Services, Inc. (ECS) is an experience service provider in the Central Valley with a specialization in homeless services. ECS currently operates three low barrier Navigation Centers in the Central Valley, serving more than 250 individuals daily. Current operations include:
 Travel Inn Triage Center- 150 clients, funded by City of Fresno  Villa- 76 clients, funded by City of Fresno
 The Ambassador- 65 clients, funded by City of Fresno
ECS is experienced with a variety of funding sources and has a full service accounting department, which complies with all funding regulations and expectations. ECS is well positions financially and is capable of expanding services quickly. ECS is able to provide services and seek reimbursement on a monthly basis.

Elevate Community Services, Inc. operates all shelters in alignment with Housing First and lowbarrier principles. ECS is experienced in providing high quality data and entering data into the Homeless Information Management System (HMIS). Further, ECS is member in good standing with the Kings Tulare Homeless Alliance (KTHA) and has well established relationships with the organization.

Elevate Community Services, Inc. understands the fundamental principles of housing navigation and has displayed an expertise in finding permanent housing options for individuals who have experienced homelessness.

Salaries $166,072
Operating $547,323.50
Admin- 10% $71,340
Total $784,735
Other Income
Rate Clients Month Annual
$356.00 20 $7,120.00 $21,360.00
$322.00 20 $6,440.00 $19,320.00
Hourly Rate Clients/Day Hours/Day Monthly Annual
356 15 $5,340.00 $16,020.00
Total Expenses $784,735
Other Income - CalAIM Billing $56,700.00
Grant Funds Requested from City $728,035
Housing Navigation (day clients)
Program Name - Porterville Welcome Center
Contracting Agency- City of Porterville
3 Month Budget with Start Up Costs
CalAIM Housing Navigation
CalAIM ECM
Titles FTE Hourly Months Annual Wages Taxes Benefits Total Director 0.4 $60.00 3 $12,480 $955 $180 $13,615
Program Manager 1 $35.00 3 $18,201 $1,392 $450 $20,043
Case Manager 3 $25.00 3 $39,002 $2,984 $1,350 $43,335
Monitor (Client Service Provider) 5 $18.00 3 $46,802 $3,580 $2,250 $52,632 Office Assistant 1 $20.00 3 $10,400 $796 $450 $11,646
Maintenance/Porter 1 $20.00 3 $10,400 $796 $450 $11,646 $0 $0 $0
$0 $0 $0
Fiscal Analyst 0.25 12 $0 $113 $113
$13,042 $998 $0 $13,042
$0
$166,072
Total Direct Employees 11
Total Employees 11.65
$13,839
Salaries
Consider the following positions: Financial
Analyst, Director/Operations Manager,
Compliance
Workman's Comp auto set to $9.50 per $100
Taxes Calucated at 9%
Benefits booked at $500 per person per
month
Worksman's Comp
Total S&B
Acct # Line Item Amount
2001 Child Care
2002 Client Housing Support $5,400.00
2003 Client Transporation & Support $1,650.00
2004 Clothing, Food, & Hygiene $420,142.50
2005 Education Support
2006 Employment Support
2007 Household Items for Clients $5,850.00
2008 Medication Supports
2009 Program Supplies - Medical $1,620.00
2010 Utility Vouchers
2011 Other
2012 Other
2013 Other
2014 Other
2015 Other
2016 Other
$434,662.50
Acct # Line Item Amount
3001 Telecommunications $975.00
3002 Printing/Postage
3003 Office, Household, & Program Supplies $1,890.00
3004 Advertising $2,025.00
3005 Staff Development & Training $522.50
3006 Staff Mileage $0.00
3007 Subscriptions & Membershisps
3008 Vehicle Maintenance $600.00
3009 Auto Insurance $1,200.00
3010 Required Insurance Coveraages
3011 Other $12,600.00
3012 Other
3013
3014
3015
3016
$19,812.50
2000 : Client Support
Client Support Total
3000 : Operating Expenses
Client Support Total
4000 : Facilities & Equipment
Acct # Line Item Amount
4001 Building Maintenance $9,750.00
4002 Rent/Lease Buildings $0.00
4003 Rent/Lease Equipment $0.00
4004 Rent/Lease Vehiclesa $4,500.00
4005 Secuirty $300.00
4006 Utilities $24,600.00
4007 Other
4008 Other
4009 Other
4010 Other
$39,150.00
Acct # Line Item Amount
5001 Consultant (Network & Data Management) Annual
5002 HMIS $750.00
5003 Accounting/Bookkeeping $3,000.00
5004 External Audit $3,000.00
5005 Professional Liability Insurance $6,000.00
5006 Payroll Serivces $373.50
5007 Electronic Health Record $2,250.00
5008 Legal/Professioanl Fees
5009
5010
$15,373.50
Acct # Line Item Amount
7001 Computer Equipment & Software $33,375.00
7002 Copiers, Cellphones, Tablets, and Devices $4,950.00 7003 Furniture & Fixtures $0.00
7004 Tenant Improvements
7005 Assets over $500
7006 Assets over $5000
7007 Other
7008 Other
7009 Other
7010 Other
$38,325.00
$547,323.50
Special Expenses Total
7000 : Fixed Assets
Fixed Assets Total
Operating Total
Client Support Total
5000 : Special Expenses
Salaries $471,216
Operating $926,719.25
Start Up
Admin- 10% $139,793
Total $1,537,728
Other Income
Rate Clients Month 9 Month
$356.00 20 $7,120.00 $64,080.00
$322.00 20 $6,440.00 $57,960.00
Hourly Rate Clients/Day Hours/Day Monthly 9 Month
$6.46 60 3 $23,256.00 $209,304.00
356 15 $5,340.00 $48,060.00
Total Expenses $1,537,728
Other Income- CalAIM Income $379,404.00
Grant Funds Need from City $1,158,324
Day Habiliation
Housing Navigation (day clients)
Program Name - Porterville Welcome Center
Contracting Agency- City of Porterville
9 Month Operating Budget
CalAIM Housing Navigation
CalAIM ECM
Titles FTE Hourly Months Annual Wages Taxes Benefits Total Director 0.25 $60.00 9 $23,401 $1,790 $113 $25,304
Program Manager 1 $35.00 9 $54,602 $4,177 $450 $59,229
Case Manager 3 $25.00 9 $117,005 $8,951 $1,350 $127,305 Monitor (Client Service Provider) 5 $18.00 9 $140,405 $10,741 $2,250 $153,396 Office Assistant 1 $20.00 9 $31,201 $2,387 $450 $34,038 Maintenance/Porter 1 $20.00 9 $31,201 $2,387 $450 $34,038 $0 $0 $0
$0 $0 $0
Fiscal Analyst 0.25 9 $0 $113 $113
$37,792 $2,891 $0 $37,792
$0
$471,216
Total Direct Employees 11
Total Employees 11.5
$39,268
Salaries
Consider the following positions: Financial
Analyst, Director/Operations Manager,
Compliance
Workman's Comp auto set to $9.50 per $100
Taxes Calucated at 9%
Benefits booked at $500 per person per
month
Worksman's Comp
Total S&B
Acct # Line Item Amount
2001 Child Care
2002 Client Housing Support $16,200.00
2003 Client Transporation & Support $4,950.00
2004 Clothing, Food, & Hygiene $681,401.25
2005 Education Support
2006 Employment Support
2007 Household Items for Clients $17,550.00
2008 Medication Supports
2009 Program Supplies - Medical $4,860.00
2010 Utility Vouchers
2011 Other
2012 Other
2013 Other
2014 Other
2015 Other
2016 Other
$724,961.25
Acct # Line Item Amount
3001 Telecommunications $2,925.00
3002 Printing/Postage
3003 Office, Household, & Program Supplies $5,670.00
3004 Advertising $3,375.00
3005 Staff Development & Training $1,042.50
3006 Staff Mileage $0.00
3007 Subscriptions & Membershisps
3008 Vehicle Maintenance $1,800.00
3009 Auto Insurance $3,600.00
3010 Required Insurance Coveraages
3011 Other $14,175.00
3012 Other
3013
3014
3015
3016
$32,587.50
2000 : Client Support
Client Support Total
3000 : Operating Expenses
Client Support Total
4000 : Facilities & Equipment
Acct # Line Item Amount
4001 Building Maintenance $29,250.00
4002 Rent/Lease Buildings $0.00
4003 Rent/Lease Equipment $0.00
4004 Rent/Lease Vehiclesa $13,500.00
4005 Secuirty $900.00
4006 Utilities $73,800.00
4007 Other
4008 Other
4009 Other
4010 Other
$117,450.00
Acct # Line Item Amount
5001 Consultant (Network & Data Management) Annual
5002 HMIS $2,250.00
5003 Accounting/Bookkeeping $9,000.00
5004 External Audit $9,000.00
5005 Professional Liability Insurance $18,000.00
5006 Payroll Serivces $1,120.50
5007 Electronic Health Record $6,750.00
5008 Legal/Professioanl Fees
5009
5010
$46,120.50
Acct # Line Item Amount
7001 Computer Equipment & Software $3,500.00
7002 Copiers, Cellphones, Tablets, and Devices $2,100.00 7003 Furniture & Fixtures $0.00
7004 Tenant Improvements
7005 Assets over $500
7006 Assets over $5000
7007 Other
7008 Other
7009 Other
7010 Other
$5,600.00
$926,719.25
Special Expenses Total
7000 : Fixed Assets
Fixed Assets Total
Operating Total
Client Support Total
5000 : Special Expenses
Salaries $626,562
Operating $1,233,584.00
Start Up
Admin- 10% $186,015
Total $2,046,161
Other Income
Rate Clients Month Annual
$356.00 20 $7,120.00 $85,440.00
$322.00 20 $6,440.00 $77,280.00
Hourly Rate Clients/Day Hours/Day Monthly Annual
$6.46 60 3 $23,256.00 $279,072.00
356 15 $5,340.00 $64,080.00
Total Expenses $2,046,161
Other Income $505,872.00
Grant Funds Requested from City $1,540,289
Day Habiliation
Housing Navigation (day clients)
Program Name - Porterville Welcome Center
Contracting Agency- City of Porterville
12 month Operating Budget
CalAIM Housing Navigation
CalAIM ECM
Titles FTE Hourly Months Annual Wages Taxes Benefits Total Director 0.25 $60.00 12 $31,201 $2,387 $113 $33,701
Program Manager 1 $35.00 12 $72,803 $5,569 $450 $78,822 Case Manager 3 $25.00 12 $156,006 $11,934 $1,350 $169,290 Monitor (Client Service Provider) 5 $18.00 12 $187,207 $14,321 $2,250 $203,779 Office Assistant 1 $20.00 12 $41,602 $3,183 $450 $45,234 Maintenance/Porter 1 $20.00 12 $41,602 $3,183 $450 $45,234 $0 $0 $0
$0 $0 $0
Fiscal Analyst 0.25 12 $0 $113 $113
$50,390 $3,855 $0 $50,390
$0
$626,562
Total Direct Employees 11
Total Employees 11.5
$52,214
Salaries
Consider the following positions: Financial
Analyst, Director/Operations Manager,
Compliance
Workman's Comp auto set to $9.50 per $100
Taxes Calucated at 9%
Benefits booked at $500 per person per
month
Worksman's Comp
Total S&B
Acct # Line Item Amount
2001 Child Care
2002 Client Housing Support $21,600.00
2003 Client Transporation & Support $6,600.00
2004 Clothing, Food, & Hygiene $908,535.00
2005 Education Support
2006 Employment Support
2007 Household Items for Clients $23,400.00
2008 Medication Supports
2009 Program Supplies - Medical $6,480.00
2010 Utility Vouchers
2011 Other
2012 Other
2013 Other
2014 Other
2015 Other
2016 Other
$966,615.00
Acct # Line Item Amount
3001 Telecommunications $3,900.00
3002 Printing/Postage
3003 Office, Household, & Program Supplies $7,560.00
3004 Advertising $4,500.00
3005 Staff Development & Training $1,215.00
3006 Staff Mileage $0.00
3007 Subscriptions & Membershisps
3008 Vehicle Maintenance $2,400.00
3009 Auto Insurance $4,800.00
3010 Required Insurance Coveraages
3011 Other $18,900.00
3012 Other
3013
3014
3015
3016
$43,275.00
2000 : Client Support
Client Support Total
3000 : Operating Expenses
Client Support Total
4000 : Facilities & Equipment
Acct # Line Item Amount
4001 Building Maintenance $39,000.00
4002 Rent/Lease Buildings $0.00
4003 Rent/Lease Equipment $0.00
4004 Rent/Lease Vehiclesa $18,000.00
4005 Secuirty $1,200.00
4006 Utilities $98,400.00
4007 Other
4008 Other
4009 Other
4010 Other
$156,600.00
Acct # Line Item Amount
5001 Consultant (Network & Data Management) Annual
5002 HMIS $3,000.00
5003 Accounting/Bookkeeping $12,000.00
5004 External Audit $12,000.00
5005 Professional Liability Insurance $24,000.00
5006 Payroll Serivces $1,494.00
5007 Electronic Health Record $9,000.00
5008 Legal/Professioanl Fees
5009
5010
$61,494.00
Acct # Line Item Amount
7001 Computer Equipment & Software $3,500.00
7002 Copiers, Cellphones, Tablets, and Devices $2,100.00 7003 Furniture & Fixtures $0.00
7004 Tenant Improvements
7005 Assets over $500
7006 Assets over $5000
7007 Other
7008 Other
7009 Other
7010 Other
$5,600.00
$1,233,584.00
Special Expenses Total
7000 : Fixed Assets
Fixed Assets Total
Operating Total
Client Support Total
5000 : Special Expenses

2 Contents
Qualifications and Experience..................................................................................................... 3 Description and Workplan......................................................................................................... 12 Timeline ....................................................................................................................................... 17 Budget .......................................................................................................................................... 19 Appendix – Porterville Navigation Center Fact Sheet ............................................................ 32 3 Qualifications and Experience
Kings View is a non-profit organization that was founded in 1951 by the Mennonites, who believe all people have the right to quality behavioral health services regardless of their socioeconomic status, gender, race, or religion. With a greater than 70-year commitment to this tradition, our focus is on serving individuals with limited access to social resources, and often experiencing behavioral health symptoms. Treating people with respect, care, and compassion is the cornerstone of our philosophy, and we value each person’s worth, dignity, and wholeness.

This is our core value that echoes throughout the organization and into our community-driven programs throughout Tulare County and California. We understand that community members benefit from an individualized plan of care and a way to sustain success for long term wellness and recovery. Kings View has practiced “whatever it takes” for decades and we are dedicated to demonstrating our unparalleled commitment to providing a positive and supportive environment for the nearly ten thousand individuals we serve each year. Importantly, Kings View currently provides an array of initiatives serving the unhoused in partnership with city, county, state, and Medi-Cal managed care plan organizations.

While Kings View’s commitment to delivering effective social and behavioral health services is stronger than ever, we have adapted our mission and vision over time. The vision of Kings View is cultivating stigma-free communities of whole-person health in the spirit of love and acceptance. Kings View advocates for and delivers environments that are free from stigma by seeking understanding and accepting each person as they are. Kings View’s mission is to provide community behavioral health and social services to those with limited resources, in the spirit of Christ’s example of love, compassion, and respect for all persons. Kings View champions delivery of effective and timely services to the under- and unserved. Our dedicated experience to Porterville, and expansion throughout California, captures this dedication. Kings View idealizes the person-first mentality and avoids pathologizing community members while progressing to their recovery goals.

Kings View enjoys collaborative partnerships with social service systems and community-based organizations throughout California’s Central Valley which will uniquely position our organization in delivering the proposed program, “Porterville Navigation Center”. Our collaborative partnerships with behavioral health, social service, educational agencies, justicesystems, community-based organizations, and faith-based organizations allows for an enhancement of the quality and continuum of services we can deliver, and therefore will make for a holistic recovery experience that is integrated in the Porterville community. From Kings View’s administrative and clinical operation of behavioral health plans on behalf of California county behavioral health departments, crisis intervention services, wellness centers, and peerdriven evidence-based service delivery models, our organization cherishes interagency and community collaboration. The stigma-free environment resulting from our compassionate, person-centered lens, allows communities and their families to feel welcomed, understood, and genuinely cared for regardless of housing status, mental illness, dependency status, trauma history, adverse childhood experience, justice-system involvement, or other risk factor. 4 Kings View has been deeply engaged in policy initiatives effecting California’s behavioral health continuum of care, including California Advancing and Innovating Medi-Cal (CalAIM), the Continuum of Care Reform, California Public Safety Realignment Act (AB 109), Families First Prevention Services Act, Emily Q. vs. Belshe, and Early and Periodic Screening, Diagnosis, and Treatment (EPSDT), and other legislative framework designed to build out an effective and seamless continuum of care for Californians. From this perspective, individuals and particularly their strengths and natural support are integral to the proposed program, and the voice and choice of each individual is placed at the forefront. To that end, Kings View recognizes the importance of individuals maintaining their housing/placement, avoiding unnecessary psychiatric hospitalization, prevention of unnecessary law enforcement involvement whenever possible, and improved wellness outcomes for individuals and families.

Integrating the unique characteristics of individuals with complex trauma and adverse childhood experiences involved in multiple service delivery systems is challenging. Kings View has identified three critical areas of focus for the program. The first focus is our community partnership approach to service delivery. This focus attends to the pertinence of robust relationships with community members, public service systems, and other stakeholders. The second focus is community based. While most behavioral health organizations reference “meeting them where they are at”, Kings View draws on the wisdom of each community member we serve to understand how, where, and when to best meet their needs. Kings View recognizes that the most effective services are those that are available where and when individuals need them rather than at the providers’ convenience. Lastly, Kings View’s proposed program will focus on evidence-based and culturally competent service delivery. Each service we deliver must be effective as possible to address the root cause. Further, to truly invite wellness into individuals’ lives, cultural history, perspective, and language must be included.

Community Partnerships
Kings View’s history of operating adult and children’s social and housing services throughout California’s Central Valley has afforded our organization distinct relationships. Relationships span from hospitals, community-based organizations, stakeholder groups, government agencies, justice systems, as well as individuals and families. These relationships can assist with interventions on policy, environments, and individuals to enhance the wellness and recovery of all persons. By ensuring that our partnerships with stakeholders are centered on care and compassion for those in need, we can deliver programs that are thoughtful of local resources and supports for Porterville residents. Thus, Kings View envisions a program that carries forward the mission of establishing and maintaining effective relationships in our community with individuals served by our program, professionals, and community supports. Community partners are and will be joint contributors at every stage of the proposed program. Kings View collects stakeholder feedback for each program we deliver, including program satisfaction from city, county, and regional/state staff. Kings View assures that a variety of feedback is solicited, and that partnerships are continuous. This continuous feedback loop ensures that Kings View is 5 accountable to the individuals we propose to serve in Porterville. Additionally, interagency partnerships can facilitate health equity to marginalized and diverse groups. By ensuring a diverse, rich breadth of feedback, Kings View captures stakeholder feedback that is representative of the local diversity.

Kings View has structured methodologies and informal community engagement strategies to assure that community members and stakeholders alike can meaningfully contribute to the betterment of Kings View’s services. Kings View has reached out to and collaborated in partnership with county behavioral health, social service, and Sheriff offices, city planning and development, regional centers, local education agencies, city police departments, foodbanks, faith-based organizations, community-based organization, culturally and ethnically based service organizations, housing and homelessness programs, and others. From our executive team to local program team, Kings View makes routine efforts to attain meaningful feedback to assure a highquality service is available. Kings View will contact interagency partners, solicit feedback on the quality of service delivery, and leverage this information to improve the quality of our care. In addition, Kings View recognizes that the individuals receiving our services should be active participants in their delivery. Thus, Kings View maintains a schedule for satisfaction surveys, grievances, and qualitative feedback too. Our satisfaction surveys and grievances are reviewed individually and in aggregate. This allows us to accommodate individuals that receive our service and modify our system to accommodate the local community. Kings View recognizes that improvement is not possible without feedback, and actively seeking it out has become part of our model of care. This feedback will also be part of Kings View’s quality improvement work plan for the Porterville Navigation Center and will be developed within the first quarter of operation in accordance with Kings View’s standards.

Essential for an effective program is a thorough understanding of the term recovery. While Kings View recognizes that everyone achieves recovery in their own way and based on their own definition, we also acknowledge that programs and providers are more effective when supported with important structure. Kings View has adopted the Substance Abuse and Mental Health Services Administration (SAMHSA) guiding principles and major dimensions of recovery.

Kings View selected this national standard because it is evidence-based and aligned with the organization’s mission and vision.

The SAMHSA defines recovery as, “A process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential.” The four major dimensions of recovery are: 1) Health, 2) Home, 3) Purpose, and 4) Community.

Kings View recognizes that individuals encounter behavioral health systems because of symptoms and experiences. Kings View has found that without specific interventions designed to eliminate, reduce, or ameliorate those symptoms, we have not sufficiently fulfilled our purpose.

Integral to both children and adults is a home. Whether a youth involved with the child welfare system is not sure where they are being placed, or an adult sleeping in alleyway, recovery is limited if not impossible without stable, safe, and permanent housing. Kings View recognizes that housing first and without barriers is essential to recovery. Kings View recognizes that 6 services are most effective when they are integrated in the community. Thus, Kings View aspires to create meaningful relationships with each individual our services engage such that they can participate in schooling, vocation, interpersonal relationships, and independence. Lastly, Kings View recognizes that natural supports and community members can be just as or more effective than paid professionals. Whenever possible, Kings View includes community supports in treatment planning to ensure sustained success. Kings View also integrates the 10 Guiding Principles of Recovery described by SAMHSA:
1) Hope: Kings View’s knows that recovery is possible and conveys that message to each individual served by us. While individuals experience real challenges and barriers to recovery, our role is to overcome those, and instill hope that their goals are achievable. 2) Person-Driven: Recovery is most functional when individuals’ voice and choice for services is placed in the foreground. Thus, when Kings View designs and implements programs, as well as hires and trains staff, by encouraging individuals to retain autonomy in decision-making related to their recovery. By empowering individuals, and facilitating informed decision making, recovery can be achieved and sustained. 3) Many Paths: When an individual seeks services from Kings View, we carefully ask questions, gain understanding, and provide information to show each method by which they see themselves recovering. Though obstacles can occur, we encourage individuals to recognize that recovery and wellness is nonlinear.
4) Holistic: Kings View’s role in each community we serve is as a partner because the individuals we serve exist in the same way. Thus, integrating person-serving system partners into treatment planning and service delivery is essential. This can include traditional, and non-traditional culturally specific supports. 5) Peer Support: California has recently recognized the integral role peers play in delivery of specialty mental health services. Kings View has integrated people with lived experience into our programs for decades and looks forward to the opportunity to do so in the future.
6) Relational: Natural and community supports are individuals that can support sustained recovery long after treatment ends. Kings View’s dedicated service delivery system has and will include identifying and including community and natural supports. This will support individuals’ capacity to maintain healthy behaviors and become meaningfully engaged in their community.
7) Culture: Porterville has a distinct cultural diversity and richness. Porterville’s diverse population throughout their region highlights the importance of providers taking time to understand each person’s cultural perspective as they see it. Kings View takes the position of humble curiosity when engaging with each community member. 8) Addresses Trauma: Adverse childhood experiences and trauma throughout the lifespan have far-reaching implications for individuals and those around them. Trauma can precipitate behavioral health symptoms. Essential to our service delivery model is recognizing that individuals have many experiences leading up to our engagement with them that contextualize their whole person.
7 9) Strengths and Responsibility: Empowerment is central to sustained recovery and included in Kings View service delivery. Community members we serve have talents, interests, hopes, dreams, and generally things they enjoy about themselves and their life. Our role is to help individuals identify how those can be used to address symptoms in a way aligned with their self.
10) Respect: Acceptance can be a new experience for individuals with behavioral health symptoms. This can be jarring as individuals with behavioral health symptoms often experience stigma and rejection. Kings View delivers respect by accepting individuals as they are and supporting them where, when, and how they need it.

Efficiency Driven
Timely and efficient access to equitable services is a pre-requisite to quality services, and Kings View assures that this is achieved for all our programs. When a community member, regardless of their relatedness to child welfare, criminal justice, social service, or other healthcare delivery system asks for help, Kings View will do everything in our power to deliver the right service at the right time. Kings View recognizes that not all community members benefit from highly structured & prescribed services, may not be comfortable in an office or clinic setting, and may be more effectively served in an individualized manner. Therefore, Kings View recognizes the importance of individualized services as integral in developing an efficient program of services.

The proposed Porterville Navigation Center will ensure all services are tailored to individual needs rather than boilerplate requirements.

Often individuals and families that are currently or previously homeless, child welfare involved, involved with the criminal justice system, or Medi-Cal beneficiaries, have insufficient financial resources to secure permanent & safe housing, and access healthcare and social services. This creates a unique constraint on their ability to become healthier and permanently placed in housing. Further, individuals and families currently or previously involved in these adjacent systems are at significant risk for acute health symptoms due to their distinct exposure to trauma and biopsychosocial stressors. Therefore, individuals and families currently or previously involved in these systems may have inadequate access to health services while also experiencing heightened risk for exacerbating risk factors to health. Without timely intervention wherever and whenever an individual may need support, community members may suffer. Kings View has decades of experience delivering critical social service and behavioral health care to unhoused persons and proposes to continue to do so with the Porterville Navigation Center.

Contrast this challenge with individuals that may have access to those resources for clinic-based health care, and without timely intervention, multiple generations within one family may experience the same challenges as previous. Kings View acknowledges that both trauma and inadequate resources can be multigenerational without agencies like ours assuring equitable access to care. While these principles hold true for all individuals with behavioral health symptoms resulting in a severe mental illness or severe emotional disturbance, individuals 8 involved with the justice system (e.g., AB 109), and individuals involved with or at risk of involvement with the child welfare system have additional guiding principles.

Evidence-Based and Culturally Competent
Kings View recognizes that to achieve quality and efficient services, they should be based on research and the needs of the individual. Service integration is frequently referenced as evidencebased for serving individuals intersecting multiple person-serving systems. Thus, inclusion of interagency partners is essential to assure timely, nonduplicative, and effective services are delivered. Kings View acknowledges that hospital systems, social service agencies, probation, behavioral health, faith & spirituality representatives, natural supports, regional center representatives, other healthcare professionals, and of most importance, the individual and family, are integrated to achieve a highly coordinated service. Coordination in this manner results in enhanced outcomes, reduced placement changes, permanent housing, and lower (re)entry into the justice system. This coordination should include dedicated collaboration with interagency partners and family members, and the Coordinated Entry System, local Continuum of Care, and data management with the Homeless Management Information System (HMIS).

These resources are highly effective in identifying the full array of services and supports available to each resident/member, monitoring housing status for individuals, referring to the full array of housing resources in each region, and Kings View is committed to utilizing these tools when appropriate. Kings View integrates these resources into our programming across California and is committing to continuing this with the proposed program.

Kings View also has experience in attaining agency-wide clinical intervention training in Motivational Interviewing (MI). This evidence-based practice can empower individuals to arrive at their own healthier decisions while still being aligned with how they view themselves. This evidence-based practice focuses on the inherent strengths and resources of each individual, encourages proactive behaviors in achieving desired results, and highlights the benefits, as well as validates for achieving and pursuing one’s own goals. To that end, Motivational Interviewing and the transtheoretical model’s stages of change can be used as structured support for community members in learning, growing, and understanding how to do so independently.

Kings View recognizes that culture extends beyond outward facing traits, but can include sexual orientation & gender identity, religion, spirituality, language, physical ability, heritage, values, race, ethnicity, and others. Conversations about diversity, including race, are critical to inclusion of individuals and families as part of long-term prevention plans. Kings View recognizes that warmth, acceptance, and humble curiosity are essential to understanding and including culture in the program. To that end, natural resources such as shaman and healers, access to translation and/or interpreting services, and other activities that nurture community connections must be called out and included in behavioral health services as equally substantive referral sources as traditional behavioral health services. Kings View’s numerous programs have and will continue to honor culture, diversity, and promotion of equity as a cornerstone of behavioral health, and we look forward to continuing this with the proposed program. 9 Kings View operates in twenty-two counties with housing services targeting the unhoused focused on the California Central Valley and Northern California. Kings View is an active participant on the Cultural Competence Committee for Fresno, Kings, and Tulare County. In addition, Kings View conducts internal evaluations of our Culturally and Linguistically Appropriate Services (CLAS) annually and holds an internal Cultural Competence Committee that informs decisions of our Quality Improvement Committee. Kings View’s Cultural Competence Committee is essential in integrating feedback, training opportunities, and recognition of traditions throughout our agency. This internal insight function provides continuous feedback to each of our programs.

Summary
Each of these three critical areas of focus capture the values of Kings View in implementing the proposed Porterville Navigation Center. Through Kings View’s extensive experience in delivering multi-agency integrated behavioral health programs, including entire clinical and administrative operations for mental health plans, crisis continuum services, our focus has been on community partnerships, community-based, and evidence-based and culturally competent services. We intend to deliver an effective program to City of Porterville residents. Kings View has navigated similar programs for decades and is excited to continue to do so with this project.

Demonstration of experience providing the service and successful operation of similar programs
Kings View has a storied history of operating a wide range of behavioral health services, including operating as the entire mental health plan for three California county behavioral health departments for decades. While Kings View understood these operations as successful, it is our understanding that these operations ceased under the direction of the Department of Health Care Services. Kings View continues to operate several programs with similar scopes as the proposed Achieving Recovery with Compassion (ARC) program and deliver high-quality care to those in need. Kings View identifies the following related programs as demonstrating our capacity to deliver the requested service:

Kings View PATH Program for Homelessness (Fresno County, Tulare County, and Kings County)
Kings View provides PATH program of services in three counties – Kings, Tulare, and Fresno.

In collaboration with county partners, Kings View works with individuals who have endured a homelessness episode and who have experienced other barriers to receiving appropriate healthcare and social services. This program collaborates with each Coordinated Entry System, enters, and extracts data from HMIS, and participates in the local Continuum’s of Care. The teams fill in gaps in service for community members by offering emotional support, guidance, and linkage to behavioral health services. These programs are designed to provide outreach to 10 homelessness and remove barriers related to homelessness. The program staff and Kings View’s administration of the grant funding has been lauded by grant auditors as a model program and is being used as a model for programs reaching other locations in the Central Valley region.

South Tulare County – South One Stop
Kings View currently operates behavioral health services in Tulare County that serves transitional age youth and youth with severe mental illness and severe emotional disturbance that are frequently unhoused. Kings View provides an array of wellness and recovery-based support and services that are readily available and culturally competent. Kings View engages in robust coordination with community-based organizations, public agencies, and learning institutions that target un- and underserved persons throughout the region. Kings View demonstrates our capacity via reduced deaths by suicide, involvement with the justice system, emotional distress, academic distress, vocational barriers, institutionalization, homelessness, placement changes, and other adverse events. Kings View delivers this with a multilevel continuum of care that offers the full spectrum of specialty mental health services, outreach and engagement, and full-service partnership. These services assist residents with accessing housing placement and related resources, including partial funding for residences.

Tulare County Mobile Services Program, South Tulare County In partnership with the Tulare County Health and Human Services Agency, Kings View has delivered community-based, person-centered specialty mental health services to residents in this region who are frequently unhoused. These services are available in the community, which may include individuals’ homes, facilities, parks, religious centers, wellness centers, and anywhere else. Kings View delivers medication support services, assessment, therapy, collateral, case management, as full as full-service partnership services. This program calls out the importance of individualized care for each person Kings View encounters. These services assist residents with accessing housing placement and related resources, including partial funding for residences.

Housing Outreach and Mobile Engagement Program (HOME), Fresno County In partnership with Anthem Blue Cross and Health Net, Kings View provides street medicine, outreach and engagement, as well as comprehensive case management services to unhoused persons in Fresno County. The service array includes community-based services that are targeted to catchment areas where unhoused persons are known to congregate, including encampments, homelessness shelters, housing service access points, roadways, and other community-based locations. Providers refer for and provide Enhanced Care Management and Community Supports. The goal of services is to secure long-term housing, reduce overall social determinants of health, and ensure sustained health and well-being for residents. 11 Enhanced Care Management & Community Supports, Fresno, Tulare, Kings, Madera, and Shasta Counties
Enhanced Care Management (ECM) and Community Supports (CS) are new Medi-Cal managed care plan organization benefits designed to address social determinants of health. Kings View targets unhoused adults and children, children and adults with severe mental illness, severe emotional disturbance, and substance use disorder, children and adults involved with the criminal-justice system, and children involved with the child welfare system. These services include a comprehensive health assessment, caregiver and natural supports, health promotion, coordination of care, transition of care, risk assessments, linkage, discharge planning, and any other comprehensive case management need. Community Supports include Housing Navigation, Housing Deposits, and Housing Sustaining. Respectively, these services help residents find permanent and safe housing, fund initial expenses for housing placement, and maintain housing once secured. Critically, Housing Deposits avail residents of a once-per-life $6000 benefit (in Tulare County) to pay for the first and last month’s rent, and other initial housing related expenses (e.g., furniture, fumigation, etc). Staff for this program participate in meetings with the CoC, collaborate with the CES, and manage data with HMIS and an electronic health record system.

Encampment Resolution Fund, City of Tulare
In collaboration with the City of Tulare, Kings View provides street outreach and engagement to unhoused residents. This program of services includes coordination, case management, linkage, closed-loop referrals, health and social service advocacy, and housing education to local community members. Staff for this program base their services in local encampments, participate in the point-in-time count with the coordinated entry system, extract, and input data into HMIS, and are active participants in the local Continuum of Care.

Adult Full-Service Partnership Program, Kings County
Kings View provides adult full-service partnership services in Kings County. These services are designed for adults with severe mental illness, homeless, receiving behavioral health and other health care services from emergency systems, and/or involved in the criminal justice system.

Providers ensure a comprehensive assessment of behavioral health along with a treatment plan is completed. Providers deliver specialty mental health services including case management, therapy, collateral, and telepsychiatry are made available as well. Funding for the program includes portions for housing deposits to assist unhoused residents.

Community Development Block Grant Activities, City of Visalia In close collaboration with the City of Visalia, Kings View provides outreach, engagement, linkage, coordination, and comprehensive case management services to the City of Visalia residents. The services’ population of focus are specific to targeted region in City of Visalia city 12 limited where unhoused persons are known to congregate, including encampments, highway/freeway passes, and urban areas of the city. The staff for this program coordinate with local community-based organizations, participate in the point-in-time count, enter and extract data from HMIS, and are an integral part of the local CES. Residents are provided closed-loop linkage and referral to local resources and are provided comprehensive case management tailored to their needs.

Description and Workplan
Kings View is intimately familiar with providing the full range of case management services to individuals experiencing homelessness in the City of Porterville, and the necessary supports necessary for emergency shelter, bridge housing, and navigation center services. Kings View proposes a Porterville Navigation Center program designed to be proactive in early identification of potential problems, exacerbation of social determinants of health, and expedient identify local housing placements using an array of Enhanced Care Management (ECM) and Community Supports (CS). Continuous outreach, early identification, and assessment will be used in conjunction with interagency referral, linkage, and coordination. In addition, residents of either the emergency shelter or bridge housing will receive a comprehensive health assessment, care plan, health promotion, coordination of care, transition of care, collaboration with natural supports and caregivers, discharge services, and any comprehensive case management need.

Kings View’s breadth of experience responding to homelessness in Tulare County uniquely positions us as well-qualified to deliver this integral service.

Each person admitted to the Porterville Navigation Center (PNC) program will have one Lead Care Manager (LCM) assigned to them. Each provider part of the PNC program team designed to fulfill this integral community need shall have demonstrable experience, knowledge, and abilities helping unhoused persons. Their interventions will not only focus on finding safe and secure housing but monitor, encourage, empower, advocate, and assist individuals to make healthier decisions that result in safe and permanent housing. Each Kings View LCM will have familiarity with the service recipient and strong rapport. Familiarity can include understanding instability in their current living situation, personal stressors, needs and strengths, as well as social and natural supports. This dedicated assigned LCM is often the best person to help manage social determinants of health (SDOH) and other symptoms by relaying information to treatment team members as well, which may include a case manager, clinician/therapist, psychiatrist, peer support, primary care physician, or other healthcare and social service provider. This strategic design of assessing for early warning signs, symptoms, and SDOHs prior to escalation position Kings View’s HOME team to reduce health and social issues that prevent stable housing.

Kings View capacity for having team members available during and outside traditional business hours is also essential for responding quickly to social determinants of health. By maintaining LCM staffing for after hours, which may include holidays, weekends, and evenings, Kings View staff can be available to intervene with our recovery-oriented model that diverts individuals away from instability. This can reduce housing placement disruptions, justice-system involvement, 13 psychiatric hospitalizations, and other avoidable consequences. Kings View will include 24 hours a day, 7 days a week schedule for emergency shelter and bridge housing services.

In the instances when the PNC program team identifies an individual with rapid deterioration in health or is in acute crisis, the team will collaboratively and rapidly develop a safety plan and admit the individual to the emergency shelter unit. The safety plan will include the strengths and skills identified by the individual as well as those that can be easily accessed independently when taught by an LCM. The staff responding to an after-hours call shall brief the dedicated treatment team immediately, but no more than 24 hours post-crisis to assure immediate availability of critical clinical information. Individuals reaching out to the PNC during crisis will be greeted with a warm and welcoming environment by staff trained in person-centered care planning, culturally humble services, and Motivational Interviewing.

Once admitted to the emergency shelter, the Kings View PNC team will begin their work immediately. The staff will collaboratively provide a health assessment that evaluates health status, social determinants of health, service access, risk factors, medical conditions, and other critical health and social information. The Kings View LCM will ensure the individual has a bed and is able to rest in a safe environment. Kings View will also immediately begin referring for necessary services, including ECM and CS. Housing navigation will be critical at this interval as a service designed to ensure long-term housing placements are identified as expediently as possible.

Unhoused persons to be served by the Kings View PNC program will be disproportionately likely to have a diagnosis of severe emotional disturbance or severe mental illness, along with a co-occurring substance use disorder that severely impairs the individuals’ ability to function in daily activities, requires continuous high intensity services, with some risk of hospitalization, justice-system involvement, or placement/housing disruptions. This proposed target population has complex needs that call for coordination and sharing of information and resources across systems, including human service and housing. Individuals in this population may have frequent interaction with emergency services, repeated hospitalizations, a need for a long-acting injectable medication, lack of insight, auditory or visual hallucinations, complex trauma and adverse childhood experiences, and other high acuity risk factors. Individuals with these risk factors typically benefit from intensive engagement strategies that include repeated attempts to engage, support, and attain participation in health and social services. Therefore, the PNC team will ensure that health and social services are highly coordinated, and that interventions are designed to not be a one-time event, but rather as necessary to be redesigned and redelivered until the member’s needs are met. The proposed PNC program will be highly accessible to unhoused persons, and people at risk of homelessness.

For individuals with an identified housing placement, whether in the emergency shelter unit or admitted via walk-in, the bridge housing shelter will be available. Bridge housing services individuals for a longer period of time than the emergency shelter. Here, the focus transition from stabilization to targeted case management activities focused on housing. This may include 14 assisting residents in interviewing with housing placement, submitting housing applications, participating in long-term vocational services, education regarding housing applications, enrolling in public housing program lists, and enlisting natural supports to assist the resident in identifying permanent and safe housing. For bridge housing, staff focus on bolstering the residents’ engagement with the housing process, as well as supportive services.

Dedication to engagement may also mean providing the same intervention on multiple occasions to ensure understanding and elicit collaborative feedback. Repeated interventions are essential to assure understanding, and this is best completed when done with compassion towards the individual. Kings View is devoted to this practice model and aligns with trauma-informed care practices where Kings View providers frame assessments as “what happened to you” rather than “what did you (not) do”.

We have found that because of the distinct needs of those experiencing homelessness, our programs are most effective when they include a diverse staffing pattern. Diversity refers to staff that are culturally, ethnically, and linguistically representative of the population. Kings View recognizes the importance of multilingual, culturally diverse staff. Culture extends beyond physical appearance, and Kings View’s cherishes the opportunity to recruit and retain staff that represent the same cultural intersections as the community they serve.

The mixture of staffing proposed in the PNC program ensures several layers of support are available to each individual receiving our services. This also ensures services are tailored to the needs of the individual. The proposed staffing pattern includes a series of LCMs as well as a dedicated Enhanced Care Management (ECM) Director who will also function as an ECM Clinical Consultant. Each performs duties to support service recipients designed to assure effective and efficient services. The classifications included herein are tailored to support the distinct homeless population called out by this funding.

The PNC will include day-time operation of navigation center services. These services will include housing and homelessness navigation case management services for unhoused Porterville residents. Individuals can enter the navigation center and be welcomed by PNC staff, and receive assistance with identifying secure, stable, and permanent housing. Individuals here will have their eligibility determined for ECM and CS services and receive them when and as they are eligible and able.

The program shall be overseen by our Chief Operations Officer (COO). The COO maintains oversight for Kings View behavioral health services across California and the Quality Improvement Department. He provides guidance on Kings View’s strategic approach to addressing regional SDOH’s and has subject matter expertise in serving the underserved. Kings View’s Tulare County services are overseen by a Regional Director. Our Regional Director shall have time to provide and receive consultation from operations management. This advanced case consultation is a venue for the staff to gather information on community resources and interventions that may, or may not, benefit service recipients. This consultation will be directed 15 towards the highest acuity individuals. Likewise, the team shall be robust and inclusive of multiple members to assure that ECM and Community Supports (CS) services are completed effectively and efficiently. The LCMs will be able to coordinate with healthcare and social service teams regularly and receive and provide updates on medication effectiveness, service needs, biopsychosocial stressors, and risk factors.

Kings View recognizes the importance of housing/placement preservation for individuals at risk of homelessness and is prepared to do “whatever it takes” to assure housing is attained and preservation occurs. Kings View currently provides Enhanced Care Management (ECM) and Community Supports (CS) services in partnership with CalViva/HealthNet and Anthem Blue Cross, the two Medi-Cal managed care plans in Fresno and Madera (Kings View review for CS services with Anthem in Fresno and Madera is currently under review). The ECM and CS services are designed to address social determinants of health, including primary and behavioral health, as well as risk factors such as homelessness, poverty, under- or unemployment, and justice system involvement. Kings View has seen the unique opportunity made available by delivering these services to the unhoused residents of Porterville and plans to continue to deliver these services with the proposed PNC program.

Kings View’s vision for ECM services is such that there is a dedicated LCM who embeds themselves in the network of healthcare and social service providers for each Medi-Cal managed care plan (MCP) member they serve. Thus, each LCM will be intimately familiar with the array of services and supports needed and received for each member. The LCMs for the program will coordinate with each provider in a collaborative manner, which includes exchanging pivotal information regarding their housing status, as well as physical, behavioral, developmental, and social health. In order to accomplish this, the Kings View PNC program LCMs will conduct outreach and engagement activities that are with community partners. For Kings View, outreach and engagement activities are parallel to demonstrating hope. Each LCM who conducts outreach and engagement understands that their most effective pathway for housing the unhoused is conveying to each individual that recovery and housing is possible for them. Once engaged, the LCMs know that each member experiences both challenges and strengths in accomplishing recovery and housing. Therefore, the LCMs will make contact as frequently as necessary for each member and use the method most amenable to the member. Services include a comprehensive assessment of SDOHs, establishment of a care plan with measurable goals, health education, family supports, and linkage to community resources. Each of these services are components of a housing program that supports the whole person recovery and maintain longterm, safe housing.

In addition to the array of ECM services provided by Kings View, we also can deliver the following CSs: housing transition navigation, housing deposits, and housing tenancy and sustaining services. Housing transition navigation is primarily for currently unhoused persons and those anticipating losing their housing placement soon. The service components of this include developing an individualized housing support plan, searching for housing options with or for the member, assisting completing housing applications, benefits advocacy, requesting 16 reasonable accommodations, landlord education, and communicating and advocating on behalf of the member with landlords. This service offers each homeless Medi-Cal managed care plan member served by Kings View $6,000 to pay for stable housing and related expenses for housing (e.g., first and last month’s rent, fumigation, furniture, medical equipment, etc). Kings View is confident in our capacity to use this resource to finance stable housing, to the extent housing is available, and that this service will be at no cost to unhoused Porterville residents, or the City of Porterville. Lastly, housing tenancy and sustaining services are for individuals currently housed and designed to assist them stay in their permanent and safe housing. The components of this service include providing early identification and intervention for behaviors that may jeopardize housing, education and training for the landlord and member, coordination with landlord and other providers, assisting with annual housing recertification, assistance with lease compliance, and advocacy and linkage to community resources when at risk for eviction.

Kings View has prioritized evidence-based practice training agency-wide and will do so with the proposed PNC program. These evidence-based practice intervention training courses have been pivotal in improving the quality care of our care. Based on the proposed scope of work for the program, we are particularly interested in training in Motivational Interviewing (MI). This evidence-based practice can empower unhoused children and adults to arrive at their own healthier decisions while still being aligned with how they view themselves. This evidence-based practice focuses on the inherent strengths and resources of each individual, encourages proactive behaviors in achieving desired results, and highlights the benefits, as well as validates for achieving, pursuing one’s own goals. To that end, Motivational Interviewing and the transtheoretical model’s stages of change can be used as guideposts for community members in learning, growing, and understanding how to do so independently. Kings View intends to assure each provider and manager has received substantive training in this practice.

As a result of the array of services offered, Kings View anticipates meaningful outcomes for the City, Medi-Cal managed care plans, and most importantly, the residents. Primarily, Kings View is committed to making as frequent contact as possible with homeless residents to assist with ending their homelessness. In addition, Kings View affirms that when individuals are placed in housing, that we provide follow-up activities following their placement to assure their housing is maintained. Kings View is also committed to assisting homeless residents receive necessary social benefits for housing, healthcare, and any other service or benefit that can prevent future instances of homelessness. Kings View will develop a quality improvement work plan as part of our implementation of this collaborative partnership. As part of this work plan, Kings View will track and record the number of members engaged and enrolled in ECM and CS, number of members successfully housed, number of members engaged in at least one CS, and number of members who remain successfully housed. Kings View will leverage the expertise of our Quality Improvement Department to accomplish this endeavor, and ensure outcomes are aligned with the local community needs. Kings View will also ensure program staff receive access and training in HMIS and other software and supports related to the Coordinated Entry System, embedding this program in the suite of services operating to address homelessness while providing a dramatic expansion of those services.
17 Timeline
Activity Person(s) Responsible Timeline
Award Notification City of Porterville;
Anthem Blue Cross
(“Anthem”) and
CalViva/HealthNet
(“CV/HN”), collectively
referred to as “MCPs”
June 2023
Contract signed by Kings View,
City of Porterville, and MCPs;
operational start date
Porterville City Council,
Porterville City staff,
MCPs administration,
Kings View executive
team
June 2023
Identify any potential high-risk
members for expedited outreach
and engagement
Porterville City staff,
MCPs, Kings View Chief
Operations Officer or
Tulare Regional Director
June 2023
Publicly post positions recruiting
Program Manager and LCMs
Kings View Human
Resources, Chief
Operations Officer
June 2023 – July 2023
Initiate monthly program status
update meetings between City of
Porterville, MCPs, and Kings
View
Kings View Chief
Operations Officer, Clinic
Manager
June 2023 - ongoing
Select, make offer, and begin
onboarding for Clinic Manager
Kings View Human
Resources, Information
Technology, Quality
Improvement, Chief
Operations Officer
July 2023
Purchase EHR license and begin
training
Kings View Information
Technology Department,
Quality Improvement
Department, Regional
Director, PNC staff,
July 2023
Identify experienced clinical
staff from existing Kings View
programs to transition to team,
screen, interview, select and
deliver offer letter(s) to qualified
Kings View Chief
Operating Officer,
Regional Director, Clinic
Manager
July 2023 – ongoing
18 LCM and administrative staff
candidates
Complete on-boarding of general
staff for program staff, including
HMIS, HR training, compliance,
documentation
Kings View Human
Resources, program staff
July 2023 – August 2023
Complete credentialing, and
complete follow up activities to
complete credentialing, as well
as EHR training for general staff
Kings View Quality
Improvement Department,
Regional Director, Clinic
Manager
July 2023 – August 2023
Staff complete evidence-based
practice training, and additional
quality improvement trainings
(e.g., trauma-informed care,
Motivational Interviewing etc)
Kings View subject matter
experts, Quality
Improvement Department
July 2023 – August 2023
Begin receiving high volume of
referrals from local healthcare
and social service
agencies/systems
Kings View Regional
Director, Clinic Manager
August 2023 - ongoing
Refine service protocols and
practices, including assessment
tool, outcomes, and workflows
Kings View Regional
Director, Chief Operating
Officer, Quality
Improvement Division,
Clinic Manager
September 2023 – December
2023
Engage with other public service
system partners and other
stakeholders to demonstrate
service as ready and available.

Establish dates for listening
sessions that can be held
virtually
Kings View Regional
Director, Director of
Communications, service
team
September 2023 - ongoing
Develop quality improvement
work plan with specific
measurable and achievable goals
to improve the quality of care,
begin quarterly meetings to
evaluate progress
Kings View Director of
Quality Improvement,
Kern County Regional
Director, Clinic Managers
November 2023 - ongoing
Initiate utilization quality
improvement reviews, CLAS
standards, and internal targeted
technical assistance
Kings View Quality
Improvement Department
December 2023 – ongoing
19 Budget
The following budget and budget narrative describe the itemized costs for Kings View to operate the Porterville Navigation Center (PNC). The proposed PNC budget will include itemized costs for personnel, operating expenses, client and staffing related operating expenses, and include indirect costs. The budget will be based on anticipated actual expenses and incorporate City of Porterville grants revenues that begin in Fiscal Year 2023-2024. This includes PLHA Year 3 funding at $308,563.16, and CDBH funding at $70,000. Kings View also anticipates HHAP Year 4 Funding at $323,041 from the Kings-Tulare Homeless Alliance (KTHA). Kings View anticipates the balance of the revenue, if awarded, to be supplied by Anthem Blue Cross, and HealthNet. Without full funding, Kings View may not be able to commit to the proposed scope of work, at the proposed cost. The funding sources are itemized based on the “Porterville Navigation Center Fact Sheet” supplied by the City of Porterville.

Kings View is also submitting both a three (3) month and twelve (12) month proposed budget.

Kings View strongly recommends against a three (3) month proposed budget for several reasons and recommends the twelve (12) month budget. The first reason is continuity of care and employment. Truly effective services are those where providers are familiar with residents, and residents are familiar with providers. With the potential for a new vendor to be selected, Porterville residents seeking housing will have to become reacquainted with a provider.

Additionally, the likely employees of the PNC will be Porterville residents. In order to secure stable employment for the proposed employee-providers, Kings View recommends against a limited term budget and scope. Further, with a known three-month duration of contract, securing quality candidates for operating the facility will be unlikely. Furthermore, Kings View has a long-standing and deep connection to the City of Porterville. Our organization prides ourselves on making itself available to the community, engaging community partners, and delivering a robust and efficient service. Kings View’s unique position in collaboration with multiple MediCal managed care plans for potential secondary funding allows us to deliver a distinct method to deliver these services.
20 Kings View

PORTERVILLE NAVAGATION CENTER
July 1, 2023 - June 30, 2024
PERSONNEL EXPENSES No. of
FTE's
Annual Narrative
COO 0.01 1,837 Position will provide agency
specific staff oversight and
represent and maintain the
collaborative relationship
between agencies.

Regional Director 0.075 9,750 This position will assist COO with staff oversight and
representing and
maintaining the
collaborative relationship
between agencies.

Program Manager 1.00 97,469 Program Manager will
oversee day-to-day
operations of the PNC. This
includes ensuring residents
receive timely access to
services, residents are
admitted and discharged in
a timely and personcentered manner, provide
guidance and oversight to
Care Managers, assist with
budget monitoring,
outcome tracking and
reporting, coaching Care
Managers, communicating
with local stakeholders,
participating in local CoC,
CES, and LINC meetings,
assist with signing
purchases for residents as
necessary, ensuring
effective quality services
are delivered at all times.
21 Care Managers 10.00 539,968 Providers that deliver both ECM and CS services. Will
have specialty training in
providing outreach and
engagement, assessment,
care plan management,
enhanced care
coordination, referral
monitoring and support,
family and supports
education, transitioning
care guidance, housing
navigation, housing
deposits, and housing
sustaining services. Are
capable to provide
community-based services
that are multilingual, and
capacity to assist
children/youth and
pregnant and postpartum
unhoused persons, as well
as those with SMI and SUD
Information Tech
Analyst

0.20 3,593 Maintaining EHR records
including submitting timely
claims, reconciling EOB and
claims, coordinating with
providers on claims errors,
and providing technical
assistance to EHR vendor on
modifying EHR to connect
with Clearinghouse for
timely and complete claims
submission.
22 QA & Data Analyst 0.05 3,500 Ensures comprehensive and accurate data is readily
reported to MCPs, including
outreach transmission file,
return transmission file, as
well as bulk uploading MIF
data into the electronic
health record system,
maintain subject matter
expertise in developing
forms, fields, and reports
with the electronic health
record system, and assists
with recommending
documentation
modifications to provides
when not representing
quality, effective care. Will
become intimately familiar
with any reporting
requirements and
correspond with MCPs
representatives to assist
with meeting
milestones/objectives.

Financial Analyst 0.05 4,526 This position will be
responsible for the
management of the
programs fiscal needs,
budget development,
month end duties, account
analysis and variance
reporting. The analyst will
also review aggregate
reports regarding claims
revenue compared to
expenditures, and assure
program is meeting fiscal
targets, provide
recommendations to
Program Manager and
executive team regarding
sustainability plans, and
assist with developing
23 methods and metrics to
ensure quality, continuous
services are available with
multiple funding sources.

Total Salaries 11.385 660,643
Benefits and Payroll
Taxes
154,987 FICA, SUI, Workers Comp,
retirement and health,
dental, vision, life and longterm disability insurance.

Total Personnel 815,630

OPERATING EXPENSES
Food 433,958 Meals for 30 daily residents
and 75-day guests under
current vendor agreement
HMIS training/license 6,985 Homeless software training
and licenses for 11 FTE
Staff Transportation 786 100 miles per month for 1
FTE at IRS rate 0.655/mile.

Lease Building 1 Program Site lease
Information Systems 42,060 Kings View Information
Technology Department
(KVIT) will provide
hardware and software
support. Information
services and management
consisting of managed
internet service provider,
network and desktop
management, project
management, technology
procurement,
telecommunication
management, strategic
technology planning,
system documentation,
24 application/data hosting,
access to
data/documents/applicatio
n 24/7. After hours support
via email and phone 24/7.

Facility Maintenance
& Supplies
8,000 Building maintenance and
supplies
Communications 10,032 8x8 phones system, cell
phone and data lines for 11
FTE
Utilities 33,318 Estimated building utilities
Office Supplies &
Equipment
2,500 General office supplies
Office Furnishings 1,500 Ergonomic chairs
Computer Equipment & Software 25,286 Equipment is 2 desktops, 6 laptops, 3 docking stations,
7 monitors with peripherals.

Software includes Credible
EHR, Alteryx, Tableau and
Microsoft Office.

Liability Insurance 9,075 Professional, Property and
General Liability Insurance
Total Operating Expenses 573,501
Other Client Assistance
Other Program
assistance
30,000 Outreach and engagement
materials such as hygiene
kits and bedding
Staff
Development/Training
Staff Recruitment 5,000 Staff recruitment bonus for
care managers
Staff Recruitment
Indirect Expense (12%) 170,896 Provides corporate
management, payroll,
human resources, accounts
payable and other
administrative functions.
25 Total Other
Operating
Expenses
Indirect Expense 205,896
Total Expenses 1,595,027
26 Kings View

PORTERVILLE NAVAGATION CENTER
July 1, 2023 - September 30, 2023
PERSONNEL EXPENSES No. of
FTE's
Annual Narrative
COO 0.01
459
Position will provide agency
specific staff oversight and
represent and maintain the
collaborative relationship
between agencies.

Regional Director 0.075
2,438
This position will assist COO
with staff oversight and
representing and
maintaining the
collaborative relationship
between agencies.

Program Manager 1.00
24,367
Program Manager will
oversee day-to-day
operations of the PNC. This
includes ensuring residents
receive timely access to
services, residents are
admitted and discharged in
a timely and personcentered manner, provide
guidance and oversight to
Care Managers, assist with
budget monitoring,
outcome tracking and
reporting, coaching Care
Managers, communicating
with local stakeholders,
participating in local CoC,
CES, and LINC meetings,
assist with signing purchases
for residents as necessary,
ensuring effective quality
services are delivered at all
times.
27 Care Managers 10.00
134,992
Providers that deliver both
ECM and CS services. Will
have specialty training in
providing outreach and
engagement, assessment,
care plan management,
enhanced care coordination,
referral monitoring and
support, family and
supports education,
transitioning care guidance,
housing navigation, housing
deposits, and housing
sustaining services. Are
capable to provide
community-based services
that are multilingual, and
capacity to assist
children/youth and
pregnant and postpartum
unhoused persons, as well
as those with SMI and SUD
Information Tech
Analyst

0.20 898
Maintaining EHR records
including submitting timely
claims, reconciling EOB and
claims, coordinating with
providers on claims errors,
and providing technical
assistance to EHR vendor on
modifying EHR to connect
with Clearinghouse for
timely and complete claims
submission.
28 QA & Data Analyst 0.05
875
Ensures comprehensive and
accurate data is readily
reported to MCPs, including
outreach transmission file,
return transmission file, as
well as bulk uploading MIF
data into the electronic
health record system,
maintain subject matter
expertise in developing
forms, fields, and reports
with the electronic health
record system, and assists
with recommending
documentation
modifications to provides
when not representing
quality, effective care. Will
become intimately familiar
with any reporting
requirements and
correspond with MCPs
representatives to assist
with meeting
milestones/objectives.

Financial Analyst 0.05
1,132
This position will be
responsible for the
management of the
program’s fiscal needs,
budget development,
month end duties, account
analysis and variance
reporting. The analyst will
also review aggregate
reports regarding claims
revenue compared to
expenditures, and assure
program is meeting fiscal
targets, provide
recommendations to
Program Manager and
executive team regarding
sustainability plans, and
assist with developing
29 methods and metrics to
ensure quality, continuous
services are available with
multiple funding sources.

Total Salaries 11.385
165,161
Benefits and Payroll
Taxes

38,747
FICA, SUI, Workers Comp,
retirement and health,
dental, vision, life and longterm disability insurance.

Total Personnel
203,908

OPERATING EXPENSES
Food
108,489
Meals for 30 daily residents
and 75-day guests under
current vendor agreement
HMIS training/license
1,746
Homeless software training
and licenses for 11 FTE
Staff Transportation
197
100 miles per month for 1
FTE at IRS rate 0.655/mile.

Lease Building 1 Program Site lease
Information Systems
11,840
Kings View Information
Technology Department
(KVIT) will provide hardware
and software support.

Information services and
management consisting of
managed internet service
provider, network and
desktop management,
project management,
technology procurement,
telecommunication
management, strategic
technology planning, system
30 documentation,
application/data hosting,
access to
data/documents/application
24/7. After hours support
via email and phone 24/7.

Facility Maintenance &
Supplies

2,000
Building maintenance and
supplies
Communications
2,508
8x8 phones system, cell
phone and data lines for 11
FTE
Utilities
8,330
Estimated building utilities
Office Supplies &
Equipment

625
General office supplies
Office Furnishings
375
Desks/cubicles and
ergonomic chairs
Computer Equipment & Software
25,286
Equipment is 2 desktops, 6
laptops, 3 docking stations,
7 monitors with peripherals.

Software includes Credible
EHR, Alteryx, Tableau and
Microsoft Office.

Liability Insurance
2,269
Professional, Property and
General Liability Insurance
Total Operating Expenses
163,665
Other Client Assistance
Other Program
assistance

7,500
Outreach and engagement
materials such as hygiene
kits and bedding
Staff
Development/Training
Staff Recruitment
1,250
Staff recruitment bonus for
care managers
Staff Recruitment
31 Indirect Expense (12%)
42,724
Provides corporate
management, payroll,
human resources, accounts
payable and other
administrative functions.

Total Other
Operating Expenses
Indirect Expense
51,474
Total Expenses
419,046
32 Appendix – Porterville Navigation Center Fact Sheet
Porterville Navigation Center Fact Sheet
CURRENT STAFF: 5 FT & 5 PT
• 1 FT Program Manager – 1 Vacancy (possible candidate being developed) • 3 FT Case Managers (1 on medical leave)
• 1 FT Client service providers
• 5 PT Client service providers (2 vacancies)

SCOPE OF WORK
Housing First/Low Barrier Model
• Operation of Day Use Navigation Center
• Operation of 24 hr 15 bed emergency shelter
• Operation of 24 hr 15 bed bridge housing shelter
• Hosting of bi-weekly LINC events – Provide tables and chair set up, give out donations like clothes, shoes, hygiene kits, etc if available, have wifi, printer and a computer available in case agencies need to help guests with something.
• Mandatory participation in HMIS
• Mandatory participation in CES
• Case management for residents - Case managers do intakes, surveys for all agencies who come onsite. Provide intakes in HMIS, collect documents from nonresident clients. Provide pets food to nonresident clients (if donations are received). Monthly meeting with clients & service providers.
• Limited case management for day guests
• Breakfast (80-100 daily meals) and Lunch (80-100 daily meals) for guests - Purchase through Guadalajara Meat market and they invoice on a monthly basis. Food is picked up daily and a monthly meal calendar is provided to the store. There is no contract signed this is just an arrangement made each month. (includes hot food and a drink) current cost is $5.75/meal. 50 cases of water a month additionally.
• 3 meals a day for residents (25 breakfast, lunches and dinners each) + Snacks • Janitorial- Each resident has a daily chore, we have a binder, and staff is responsible to check daily chores and mark them on a binder. A schedule for laundry is also provided to residents. • Provide hygiene products and bedding for residents
• Lawn services contracted
33 CURRENT ESTIMATED BUDGET:

Salary & Benefits $616,597.21
Office supplies/equipment $14,300.00
Janitorial $15,900.00
Food $321,450.00
Utilities $43,350.00
General supplies $37,800.00
Consumer supplies $15,300.00
Travel/mileage $400.00
Dues/subscriptions $3,850.00
Recruitment $11,500.00
FUNDS ESTIMATED TO BE AVAILABLE BEG JULY 2023*
Grants PY 2023/24
PLHA yr 3 $308,563.16
HAPP 4 $323,041.00
CDBG $70,000.00
* It is anticipated that a 3-month interim plan
will be needed as State and Fed funds require
Procurement processes that can take up to 90
days.

ARPA Funds may be available to cover gaps in
funding.

Item No. 20.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: CalCities Priority State Legislation Update
SOURCE: City Manager's Office
COMMENT: CalCities presented a Priority State Legislation Update as a virtual seminar on June 6, 2023, which indicated more than fifty (50) legislative proposals of priority for either opposition or support consistent with the California League of Cities adopted legislative platform. As a member city of the municipal advocacy organization, CalCities requests for member cities to consider the legislative proposals and sending letters of opposition or support as determined.

RECOMMENDATION: That the City Council consider the CalCities Priority State Legislation Update presentation, and provide direction in the drafting of letters of opposition or support for individual legislative proposals as determined.

ATTACHMENTS: 1. CalCities Priority State Legislation Update Presentation:

June 6, 2023
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager
Strengthening California Cities
through Advocacy and Education
Webinars for Cities
Advocacy Update on
Priority Legislation
June 6, 2023
Advocacy Team
Housekeeping Notes
• This session is being recorded.
• Attendees are muted.
• Question and Answer is available throughout the
webinar.
• Following the presentation, the recording will be
shared with registrants.

How to Ask a Question
• To write in a question, select the
Q&A button on your tool bar.
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questions. This brings the most
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Q&A screen.

REGISTER
NOW!
calcities.org/annual
Your Advocacy Team
Melanie Perron
Deputy Executive Director,
Advocacy
[email protected]
Nick Romo
Environmental Quality
[email protected]
Caroline Cirrincione
Community Services
[email protected]
Johnnie Pina
Governance, Transparency,
and Labor Relations
[email protected]
Ben Triffo
Revenue and Taxation
[email protected]
Damon Conklin
Transportation,
Communications, and Public
Works
[email protected]
Elisa Arcidiacono
Public Safety
[email protected]
Jason Rhine
Assistant Director, Advocacy
Housing, Community, and
Economic Development
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Governance,
Transparency, and Labor
Relations
Johnnie Pina
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Political Reform Act of 1974
AB 37 (Bonta) Political Reform Act of 1974: Campaign Funds:

Security Expenses.

Would lift existing limitations and add needed expansions to how campaign funds may be used by candidates and elected
officials for security expenses
Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Fair Maps Act
AB 764 (Bryan) Local Redistricting.

Would update the procedures local agencies must follow when adjusting the boundaries of the districts used to elect members of their governing bodies and establishes a procedure for legal challenges when a local jurisdiction does not comply with redistricting requirements.

Cal Cities Position: Oppose Unless Amened
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Employee Relations
AB 504 (Reyes) State And Local Public Employees: Labor
Relations: Disputes.

Would make sympathy striking a human right. It would also allow local public employees to refuse to enter property that is the site of a primary labor dispute, perform work for an employer involved in a primary labor dispute, or go through or work behind a primary picket line.

Cal Cities Position: Oppose
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Employee Relations
AB 1484 (Zbur) Temporary Public Employees.

Would require temporary employees to be automatically
included in the same bargaining unit as the permanent
employees upon the request of the recognized employee
organization.

Cal Cities Position: Oppose
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Brown Act
AB 557 (Hart) Open Meetings: Local Agencies: Teleconferences.

Would allow cities to meet remotely during proclaimed states of emergency under modified Brown Act requirements. Would also provide greater flexibility for agencies that meet on a fixed date every month by extending the AB 361 renewal period to 45 days.

Cal Cities Position: Co-Sponsor
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org CalPERS
SB 252 (Gonzalez) Public Retirement Systems: Fossil Fuels:

Divestment.

Would require CalPERS to divest from fossil fuels by 2031.

Cal Cities Position: Oppose
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Federal Funding Reports
AB 1713 (Gipson) State And Local Agencies: Federal Funds:

Reports.

Would require local and state agencies that receive federal funds subject to an expiration date to submit a written report to the Legislature no later than one year before the funding expiration date with a summary of how funds have been
expended, and to provide a plan for the remaining funds to be expended if 50 percent of funds have not yet been expended.

Cal Cities Position: Oppose
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Council Member Salary
SB 329 (Dodd) Cities: City Council Members: Compensation.

Would allow general law cities to increase the council member salaries to reflect inflation.

Cal Cities Position: Sponsor
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Two Year Bills of Note
SB 251 (Newman) Political Reform Act Of 1974: Elected Officers: Conflicts Of Interest.

SB 881 (Alverado-Gil) Paid Sick Days: Accrual And Use.

SB 458 (Gonzalez) Public Contracts: Local Agency Public Construction Act:

Reporting and Notifications.

AB 885 (L. Rivas) Public Contracts: Nonprofit Organizations.

AB 1530 (Ortega) Public Employment: Communication With Exclusive Representatives.

AB 597 (Rodriguez) Workers’ Compensation: First Responders: Post-traumatic Stress.

Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org QUESTIONS?
Johnnie Pina
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Revenue and Taxation
Ben Triffo
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Property Tax Exemptions
AB 84 (Ward) Property Tax: Welfare Exemption: Affordable Housing.

Would expand eligibility for exemptions from property taxes for affordable rental housing (e.g., “welfare exemptions”). Specifically, would expand this partial exemption to property acquired, rehabilitated, developed, or operated, or any combination of these factors, with financing from qualified 501(c)(3) bonds.

Cal Cities Position: Concerns
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org General Fund Sales and Use Tax
SB 96 (Portantino) Historic Venue Restoration and Resiliency Act.

Would redirect back to cities General Fund Sales and Use Tax revenue from retailers making sales at historic venues during historic events, resulting in cities having more funding to distribute to these venues.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Short-Term Rental Tax
SB 584 (Limón) Laborforce housing: Short-Term Rental Tax Law.

Would impose a statewide 15 percent tax on the occupancy of short-term rentals. Proceeds of the tax would be used to provide grants for the creation of “laborforce housing.”
Cal Cities Position: Pending
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Property Tax Exemptions
SB 588 (Allen) Property taxation: welfare exemption: lower income households: cap.

Would eliminate the property tax welfare exemption cap of $20 million for non-profit developers utilizing private funding, as long as 90 percent of the units are made continuously available to or are occupied by lower income households at a rent that does not exceed the rent for lower income households.

Cal Cities Position: Concerns
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org State Grants and Local Assistance
AB 972 (Maienschein) Local Assistance and Grant Program Streamlining Workgroup.

Would coordinate, align, and streamline local government assistance resources by convening a statewide, cross-agency Local Assistance and Grant Program Streamlining Workgroup no later than January 2025.

Cal Cities Position: Sponsor
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Local Ballot Measures
SB 532 (Wiener) Ballot Measures: Local Taxes.

Would exempt fiscal disclosure requirements for local tiered-tax and bond measures from the 75-word cap on local ballot labels by allowing bullets and smaller fonts to be used.

Cal Cities Position: Pending
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org QUESTIONS?
Ben Triffo
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Transportation,
Communications, and
Public Works
Damon Conklin
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Public Works
AB 400 (Rubio) Public Contracts: Design Build.

Would extend the January 1, 2025 sunset to 2031.

SB 706 (Caballero) Public Contracts: Progressive Design Build.

Would remove the cap and would authorize all cities, counties, city and counties, or special districts to use the progressive design-build process for other projects in addition to water-related projects.

Cal Cities Position: Co-Sponsors/Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Public Works
AB 334 (Rubio) Public Contracts: Conflict Of Interests.

Would establish that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Transportation
AB 744 (J. Carrillo) Transportation Planning.

Would authorize the California Transportation Commission to establish best practices for use of data in transportation planning and to identify data elements that should be made available to state and local agencies for transportation planning.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Information Technology
AB 1637 (Irwin) Website Domains.

Would require a local jurisdiction to adopt a “.gov” domain by 2027.

Cal Cities Position: Oppose
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Other Bills – Amended / Two Year
AB 6 and AB 7 (Friedman) Transportation Planning.

AB 627 (Jackson) Public Fleets: Zero Emissions.

AB 1504 (McCarthy) Planning: Electric Vehicle Charing Stations.

AB 1525 (Bonta) Transportation Projects: Priorities.

SB 670 (Allen) Vehicles Miles Traveled: Maps.

AB 965 (J. Carrillo) Broadband: Batched Permitting.

AB 1176 (Zbur) Planning: Electrification Element.

Cal Cities Position: Concerns/Oppose
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org QUESTIONS?
Damon Conklin
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Community Services
Caroline Cirrincione
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Housing and Homelessness Budget Request
Cal Cities is calling on lawmakers to find a
permanent home in the budget for $3
billion in ongoing funding to prevent and
reduce homelessness and boost
affordable housing.
• Assembly Member Quirk-Silva
Endorsement Letter
• Ongoing Funding Coalition Letter
• Housing and Homelessness Bond
Measures
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Two Year Bills of Note
AB 550 (Schiavo) Homelessness: point-in-time count results:
meetings.

AB 595 (Essayli) Animal shelters: 72-hour public notice:
euthanasia: study.

SB 7 (Blakespear) The Homeless Housing Obligation Act.

Cal Cities Position: Concerns/Oppose
AB 24 (Haney) Emergency response: opioid antagonist kits.

AB 963 (Schiavo) The End the Foster Care-to-Homelessness Pipeline Act.

SB 37 (Caballero) Older Adults and Adults with Disabilities Housing Stability Act.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Homelessness Accountability
AB 799 (L. Rivas) Homeless Housing, Assistance, and Prevention Program. Homelessness Accountability Act.

Would create new accountability requirements for local
governments accessing state funding through the Homeless Housing, Assistance, and Prevention Program (HHAP).

Cal Cities Position: Pending
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Behavioral Health
SB 43 (Eggman) Behavioral Health.

Would update California's 1967 conservatorship law by
expanding the definition of "gravely disabled" to include conditions that result in a substantial risk of serious harm to an individual's physical or mental health.

SB 363 (Eggman) Facilities for Inpatient and Residential Mental Health and Substance Use Disorder: Database.

Would establish a real-time, internet-based dashboard to collect, aggregate, and display information about available beds in psychiatric and substance use facilities.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Substance Use
AB 33 (Bains) Fentanyl Addiction and Overdose Prevention Task Force.

Would establish the Fentanyl Addiction and Overdose Prevention Task Force to undertake various duties, including collecting data on the extent of fentanyl use in California and increasing public awareness.

SB 19 (Seyarto) Anti-Fentanyl Abuse Task Force.

Would establish the Anti-Fentanyl Abuse Task Force to undertake various duties including collecting data on the extent of fentanyl abuse in California and increasing public awareness.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Other Community Services Measures
• AB 67 (Muratsuchi) Homeless Courts Pilot Program.
• AB 262 (Holden) Children’s camps: safety and regulation. • AB 1215 (W. Carrillo) Pets Assistance With Support Grant Program: homeless shelters: domestic violence shelters: pets. • AB 1321 (Bonta) California Coordinated Neighborhood and Community Services Grant Program.
• SB 321 (Ashby) Literacy: libraries: Local Public Library Partnership Program.

Cal Cities Position: Support
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org QUESTIONS?
Caroline Cirrincione
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Public Safety
Elisa Arcidiacono
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Emergency Medical Services
AB 1168 (Bennet) Emergency medical services (EMS): prehospital EMS.

Would clarify a city or fire district’s right to retain its authority over emergency ambulance services if a city or fire district enters into an agreement with a county for the joint exercise of powers for emergency ambulance services.

Cal Cities Position: Sponsor
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Policing
AB 1034 (Wilson) Law Enforcement: Facial Recognition and Other Biometric Surveillance.

Would prohibit a law enforcement agency or law enforcement officer from installing, activating, or using any biometric surveillance system in connection with an officer camera or data collected by an officer camera and would authorize a person to bring an action for equitable or declaratory relief against a law enforcement agency or officer who violates that prohibition.

Would sunset on January 1, 2027.

Cal Cities Position: Oppose
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Policing
AB 1463 (Lowenthal) Automated license plate recognition systems: retention and use of information.

Would require agencies utilizing Automated License Plate Reader (ALPR) Cameras to purge information that does not match a hot list in 30 days, and would prohibit ALPR information from being sold, shared, or transferred to an out-of-state or federal agency without a court order or warrant issued by a California court.

Cal Cities Position: Concerns
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Fentanyl
AB 474 (Rodriguez) State Threat Assessment Center: transnational criminal organizations.

Would requires the State Threat Assessment Center and the California Office of Emergency Services to prioritize cooperation with state and local efforts to disrupt and dismantle criminal networks trafficking opioid drugs that pose a threat to California.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Fentanyl
AB 701 (Villapudua) Controlled substances: fentanyl.

Would add fentanyl to the list of enumerated controlled substances that are eligible for sentence enhancements when a defendant is found with a large quantity in their possession.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Two Year Bills of Note
AB 642 (Ting) Law enforcement agencies: facial recognition technology.

AB 742 (Jackson) Law Enforcement: Police Canines.

SB 719 (Becker) Law enforcement agencies: radio communications.

Cal Cities Position: Oppose
AB 1708 (Muratsuchi) Theft.

Cal Cities Position: Sponsor
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org QUESTIONS?
Elisa Arcidiacono
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Environmental Quality
Nick Romo
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Solar Panel Recycling
AB 2 (Ward) Recycling: Solar Photovoltaic Modules.

Would create end-of-life management of photovoltaic modules (or solar panels), minimization of hazardous waste, and recovery of commercially valuable materials.

Cal Cities Position: Support in Concept
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Energy Planning
AB 50 (Wood) Energy Utility Communication.

This measure aims to address situation delays with connecting projects to the grid, including housing projects.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Organic Waste
AB 573 (Garcia) Organic waste: meeting recovered organic waste product procurement targets.

Would assist local jurisdictions in meeting their SB 1383 organic waste diversion requirements by allowing California-derived material processed at existing out-of-state compost facilities to count towards their procurement requirements.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Air Quality
AB 1000 (Reyes) Warehouses. Sensitive Receptors.

Would intend to require minimum setbacks from sensitive receptors and additional requirements when siting logistics centers, warehouses, and related infrastructure.

Cal Cities Position: Oppose
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Solar Energy
AB 1132 (Freidman) Solar Permit Fees.

Would extend to 2034 the current limit on permit fees that a city or county may charge for a residential and commercial solar energy system.

Cal Cities Position: Seeking Feedback
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Plastic Recycling
AB 1526 (Asm. Nat Resources) Solid Waste.

Would provide cities the mechanism to be reimbursed under SB 54 (single use plastic law).

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Water Conservation
AB 1572 (Friedman) Non-functional Turf.

Would prohibit the use of potable water for irrigation of nonfunctional turf on specified properties. Notably,
• All commercial, industrial, municipal, and institutional properties by January 1, 2027.
• All multifamily residential properties by January 1, 2028. • All affordable multifamily housing or municipal properties in disadvantaged communities by January 1, 2029.

Cal Cities Position: Oppose Unless Amended
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Sea Level Rise
SB 272 (Laird) Sea Level Rise Planning.

Would require local governments in coastal areas to implement sea level rise planning and adaptation by 2034. Would also require the California Coastal Commission and the San Francisco Bay Conservation and Development Commission to establish guidelines for the preparation of that planning and adaptation by 2024.

Cal Cities Position: Seeking Feedback
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Climate Bonds
AB 1567 (E. Garcia), SB 638 (Eggman), and SB 867 (Allen) Would collectively propose $20 billion in bonds for safe drinking water, wildfire prevention, drought preparation, flood protection, and extreme heat mitigation.

Cal Cities Position: Support if Amend
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Waste Strikes
SB 751 (Padilla) Franchise Agreements: Labor Impasse.

Would require waste haulers to continue providing services during a labor impasse.

On or after January 1, 2024, a franchise agreement that is renewed or amended cannot contain a force majeure provision that can be triggered by a labor impasse.

Cal Cities Position: Support
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org QUESTIONS?
Nick Romo
Legislative Affairs, Lobbyist
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Housing, Community, and
Economic Development
Jason Rhine
Assistant Director, Legislative Affairs
[email protected]
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Land Use and Zoning
SB 4 (Wiener) Housing Development: Higher Education Institutions and Religious Institutions.

Would require that a housing development project be a use by right on land owned by an independent institution of higher education or religious institution if the development satisfies specified criteria.

Cal Cities Position: Support if Amended
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Land Use and Zoning
SB 423 (Wiener) Streamlined Housing Approvals: Multifamily Housing Developments.

Would modify and expand SB 35 provisions that allow certain multifamily housing developments to take advantage of a streamlined, ministerial approval process. Specifically, this measure would:
• Extend the 2026 sunset to 2036.
• Apply SB 35 provisions to the Coastal Zone.
• Allow the state to approve housing developments on property they own or lease.
• Prohibit a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.

Cal Cities Position: Oppose
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Affordable Housing
AB 519 (Schiavo) Affordable Housing Finance Workgroup:

Affordable Housing: Consolidated Application Process.

Would create an Affordable Housing Finance Workgroup to create a consolidated application for affordable housing developers to use to access state housing funding programs and a coordinated review process for the application. Would also require the workgroup, on or before July 1, 2026, to report recommendations on implementing a coordinated review
process.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Housing
AB 309 (Lee) Social Housing Act 2023
Would create the California Housing Authority with a mission to produce and acquire social housing developments for the purpose of eliminating the gap between housing production and regional housing needs assessment targets and to preserve affordable housing.

Cal Cities Position: Oppose Unless Amend
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Land Use and Zoning
AB 1490 (Lee) Affordable Housing Development Projects: Adaptive Reuse.

Would make 100 percent affordable housing projects that adaptively reuse existing residential buildings an allowable use, regardless of any inconsistencies between the project and any local plans, zoning, or regulations, and limits local governments from imposing maximum density or floor area ratio requirements, and any requirement to add additional parking or open space.

Cal Cities Position: Oppose Unless Amend
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Housing and Homelessness Bond
AB 1657 (Wicks) Affordable Housing Bond Act of 2024.

Would authorize the Affordable Housing Bond Act of 2024 to place a $10 billion housing bond on the March 5, 2024 primary ballot to fund production of affordable housing and supportive housing.
• $5.25 billion to the Multifamily Housing Program (MHP). • $1.75 billion to supportive housing.
• $1.5 billion for programs to preserve or rehabilitate existing subsidized or unsubsidized rental housing.
• $1 billion to the CalHOME Program and the My Home down payment assistance program. • $500 million to the Joe Serna, Jr. Farmworker Housing Program.

Cal Cities Position: Support
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Two Year Bills of Note
AB 68 (Ward) By-Right Housing Approvals.

AB 1532 (Haney) By-Right Approvals: Office Conversion Projects.

AB 1630 (Garcia) By-Right Housing Approvals: Student Housing Projects.

SB 634 (Becker) Opportunity Housing: Use By-Right.

Cal Cities Position: Oppose
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org QUESTIONS?
Jason Rhine
Assistant Director
[email protected]
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org

THANK YOU
Melanie Perron
Deputy Executive Director,
Advocacy and Public Affairs
[email protected]
Item No. 21.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, Mayor Martha A. Flores in conjunction with the Acting City Manager Patrice Hildreth declared the existence of a local emergency within the City of Porterville. Said Declaration was made pursuant to Chapter 9 of the Porterville Municipal Code, and in response to the increasing threat to life and property in the city caused by a series of storm systems striking California and in particular the Porterville area, impacting Success Lake and significantly increasing flows of the Tule River. Pursuant to the California Emergency Services Act (California Government Code 8558 et seq.), emergency declarations must be ratified by the governing body within seven days of being declared. At its Special Meeting on March 17, 2023, the City Council acted to ratify the Declaration of Local Emergency. The Act also requires that the emergency declaration be renewed every sixty (60) days to remain in effect, which at its meeting on June 6, 2023, the Council reviewed and acted to renew the emergency declaration.

On March 10, 2023, due to the volume of water added to Success Lake from significant storm activity, Tulare County Sheriff Mike Bourdreaux issued an Evacuation Warning for both the north and south sides of the Tule River, and the Tulare County Office of Emergency Services (TCOES) established a Temporary Evacuation Point (TEP) and Emergency Shelter in the gymnasium at Porterville College.

On March 15, 2023, due to the water level of Success Lake rising to the point of running over the spillway of the Richard L. Schafer Dam, Sheriff Boudreaux issued a Mandatory Evacuation Order for the residences, businesses and structures between Schafer Dam and Road 284, east of the city of Porterville.

On March 18, 2023, due to water levels dropping on the Tule River, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

On March 15, 2023, due to rising flood waters, Sheriff Boudreaux issued a Mandatory Evacuation Order for the area between Olive Avenue (Avenue 152) to Avenue 144 and the Friant-Kern Canal and the Tule River and Westwood Street, west of the city of Porterville. On March 25, 2023, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.

On March 15, 2023, due to rising water levels of the Tule River, City Public Works Department staff took extraordinary measures to protect the Item No. 21.
neighborhood north of River Springs Drive, avoiding potentially catastrophic flooding of the area.

On March 16, 2023, due to the historic water levels and flows of the Tule River causing erosion to the river banks, Police Chief Jake Castellow issued a Mandatory Evacuation Order for eight residences along Rio Vista Avenue, providing information on the TEP and Emergency Shelter established at Porterville College. City Public Works Department staff took extraordinary measures over the next several days to mitigate and protect the river banks from affecting the residences. On March 24, 2023, Chief Castellow reduced the Mandatory Evacuation Order of the eight residences back to an Evacuation Warning.

On March 19, 2023, due to continued erosion of the banks of the Tule River and the performance of immediate necessary mitigation efforts by Public Works Department personnel, Chief Castellow issued a Mandatory Evacuation Order for both the north and south banks of the Tule River within City limits (not including permanent structures with a designated address), and provided information on the TEP and Emergency Shelter established at Porterville College. The Public Works Department continues to work diligently in shoring the banks of the Tule River.

To accommodate upcoming ceremonies and events in the gymnasium at Porterville College, the TEP and Emergency Shelter at the College closed at noon on April 11, 2023, and thirty (30) individuals were successfully transitioned to the new TEP at the Porterville Army National Guard Armory. A Special Meeting of the Council was scheduled for April 14, 2023, to consider a draft License agreement for the City's temporary use of the State facility. The American Red Cross continued to provide shelter services at the TEP, but transitioned out on May 5, 2023. With the authority granted to the City Attorney and City Manager at its meeting on April 18, 2023, the City and County drafted a Memorandum of Understanding in an effort to continue TEP shelter services until May 5, 2023, while the Mandatory Evacuation Order remained in place along the banks of the Tule River in city limits. On April 14, 2023, the County transmitted a letter to the California Governor's Office of Emergency Services (Cal OES), requesting continued financial support for the Armory TEP, which the County reported that Cal OES did not approve.

Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon on May 5th. The significant threat of local emergency continued to exist with the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they Item No. 21.
will be returning to the Armory TEP and other Tulare County locations (e.g.

Porterville Developmental Center) to assist those displaced from homes due to flooding. Until such time that Cal OES makes the determination that emergency conditions again exist in Tulare County, the Council was left to determine if local emergency conditions existed to continue operating the Armory TEP, which expenditures would not be reimbursable given the lack of approval by Cal OES.

Given the continued mandatory evacuation order along the Tule River in city limits and the legal implications of the Martin v. Boise federal 9th Circuit Court of Appeals decision (2018), and the announced departure of the American Red Cross and County support at noon on May 5, 2023, City staff developed an operational plan for the Armory TEP, cognizant of the lack of federal and State reimbursement of costs. As of April 27, 2023, eighteen (18) individuals were receiving shelter services at the Armory TEP, with most individuals only at the facility in the evening. Given the limited daytime TEP population, and daily meal services provided at the nearby Porterville Welcome Center, staff recommended to limit the Armory TEP hours from 7:00 P.M. to 7:00 A.M. daily, providing temporary staffing of two individuals (including a security guard). Temporary staffing had been quoted at $25 per hour, for a daily expense of $600 (or $18,000 per month). At its meeting on May 2, 2023, the Council authorized the continued operation of the Armory TEP for a 12-hour operational period over the evenings, and also directed that the Armory restrooms and shower facilities be used by the individuals at the TEP, which although not ADA-compliant, are not required for non-reimbursable shelter activities while under a Declaration of Local Emergency. The contract for the on-site mobile shower and portable restroom facilities that are ADA-compliant expired on May 11, 2023, which the rental cost was approximately $18,000 per month. However, the City Attorney recommended maintaining a single ADAportable restroom at the facility. Beginning at noon on May 5, 2023, the City assumed administrative and financial responsibility for the Armory, which has established operational hours of 8:00 P.M. to 8:00 A.M. and averaged twenty (20) individuals each evening (please see attached daily census).

On May 4, 2023, the City received an updated draft License agreement for the use of the Armory, proposing a 1-year lease for exclusive use by the City effective May 5, 2023, through May 4, 2024. The draft agreement proposes no fee for the use of the facility, but that the City assume responsibility for the facility's utilities. On Monday, May 8th, the last remaining Army personnel left the facility, with the City now having complete exclusive use of the facility. At its meeting on May 16, 2023, the Council approved the updated draft License agreement for the 1-year exclusive use of the Armory.

On March 31, 2023, Governor Newsom issued Executive Order N-6-23 to support Tulare Lake Basin flood response, which streamlines State preparation, response and recovery actions and supports local flood response efforts and assist in preparing communities for the impacts of snowmelt runoff in the months ahead.

Item No. 21.

On April 3, 2023, President Biden granted a Major Disaster Declaration for the State of California, triggering the release of Federal funds to help individuals and communities recover from Severe Winter Storms, Straight-line Winds, Flooding, Landslides and Mudslides that occurred February 21, 2023, and continuing. Monterey and Tulare counties were designated in the Major Disaster Declaration for both Individual and Public Assistance, as well as Hazard Mitigation.

On May 17, 2023, Governor Newsom issued Executive Order N-7-23 to support Tulare Lake Basin flood response, which extends flood diversion and groundwater recharge flexibilities implemented for the Tulare Lake Basin, including Kern River floodwater to be allowed into the California Aqueduct.

At its meeting on April 4, 2023, the Council approved Resolution No. 15-2023, which authorized the appropriation of funds from the Catastrophic/Emergency Reserve Fund for the costs associated with the response to the local emergency including personnel, equipment, services and other necessary expenditures. At its meeting on April 18, 2023, the Council approved two emergency expenditures that exceeded $5,000 in their acquisition, which included additional Water Rescue Equipment for the Fire Department ($6,417.70) and the 30-day rental of two mobile shower/restroom units ($13,151) for the Armory TEP due to the facility's restrooms and showers not being compliant with the Americans with Disabilities Act (ADA). At its meeting on May 2, 2023, the Council approved two additional emergency expenditures that exceeded $5,000 in their acquisition, which included a trailer-mounted 6" dewatering and sewage pump ($77,396.67), and local trucking services of riprap material ($5,436.00), both for the Public Works Department.

In support of two private personnel providing nightly security at the Armory as it continues to function as a temporary evacuation point and shelter, City staff has secured TopKnotch Security, Inc. as the security services provider.

TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023.

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. Declaration of Local Emergency - March 13, 2023

2. Resolution No. 11-2023

3. Rio Vista Avenue Mandatory Evacuation Order - March 16, 2023

4. Tule River Banks Mandatory Evacuation Order - March 19, 2023

5. Governor Newsom Executive Order N-6-23

6. Governor Newsom Executive Order N-7-23

7. Federal Disaster Declaration Fact Sheet - April 3, 2023

8. License to Use State Military Property - April 14, 2023 Item No. 21.

9. City and County Memorandum of Understanding for
Shelter Support

10. County of Tulare CalOES Shelter Support Request Letter - April 14, 2023

11. License to Use State Military Property - May 16, 2023

12. Armory Temporary Evacuation Point and Shelter - Daily Census

13. Resolution No. 15-2023

14. Rescue Source & Rescue 3 Invoice: Water Rescue
Equipment

15. Royal Restrooms Invoice: Mobile Shower-Restroom Units

16. Rain for Rent Pump Invoice

17. Mike Clark Trucking Invoice

18. TopKnotch Security, Inc. Agreement

19. Municipal Code Chapter 9 - Civil Defense and Disaster

20. California Government Code 8558
Appropriated/Funded:

Review By:

Department Director:

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

Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.

Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-23
WHEREAS on March 1, 2023, March 8, 2023, March 12, 2023, March 14, 2023, and March 28, 2023, I proclaimed a State of Emergency to exist in 47 counties, cumulatively, as a result of a series of ongoing winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and WHEREAS the State has experienced over a dozen atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including what are expected to be record amounts of snow in the Sierra Nevada, in particular in the southern Sierra, and current and forecasted precipitation are expected to add to historic snowpack levels already composed of several million acre-feet of snow water content; and WHEREAS reservoirs into which the Sierra snowpack runoff would flow are already impacted by runoff, which is expected to greatly exceed available storage capacity in the reservoirs in and around the Tulare Lake Basin and the San Joaquin River Basin, and much of the ground in the area has reached saturation due to the series of ongoing winter storms; and WHEREAS the Tulare Lake Basin is the terminal point for the Kings, Kaweah, Tule, and Kern Rivers, and several smaller streams, meaning that water from additional expected rains and Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and WHEREAS recent storms have already caused flooding in the Tulare Lake Basin, leading to emergency rescues and evacuation orders in Allensworth, Alpaugh, and other communities in Tulare and Kings Counties, and leading to dozens of levee breaks and local agencies directing strategic cuts to canals and levees to prevent further flooding of communities; and WHEREAS runoff from the snowpack caused by the winter storms could result in flood conditions in the Tulare Lake Basin resembling those last experienced in the historic floods of 1969 and 1983, following historic snowpacks in those years; and
WHEREAS local flood control districts and other local governments generally have flood control responsibility in the Tulare Lake Basin, but state agencies such as the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Water Resources, and the Governor’s Office of Emergency Services are actively engaged in supporting this local effort, and state agencies will continue to provide technical advice and other resources and support as needed, with a particular priority on protecting the lives and health of local communities; and
WHEREAS stretches of the San Joaquin River have been or are at flood stage this spring, river stages are expected to stay high throughout the spring as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin as well; and WHEREAS heavy accumulation of snowfall on the roof of Bear Valley Elementary School, located in Alpine County, currently renders instructional space unsafe for use; and
WHEREAS frequent flooding and flood evacuation orders have resulted in school closures and low student attendance in Pajaro Middle School, Hall District Elementary School and Ohlone Elementary, located in Pajaro Valley Unified School District in Santa Cruz County; and
WHEREAS it is critical that displaced students are back in school facilities as quickly as possible to ensure continuity in education; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to respond to and mitigate the effects of these storms; and
WHEREAS on March 9, 2023, I requested a Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by President Joseph R. Biden, Jr.; and
WHEREAS on March 15, 2023, I requested the addition of 9 counties to the existing Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by the President; and
WHEREAS on March 28, 2023, I also requested the President issue a Major Disaster Declaration related to these late winter storms for counties that met the validated damage threshold; and
WHEREAS under the provisions of 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 these ongoing winter storms.

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, 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. All provisions contained in the above-referenced Proclamations of a State of Emergency shall remain in full force and effect.

2. To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake Basin, Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter, are suspended for activities that meet all of the requirements in Paragraph

3. 3. The suspension created by Paragraph 2 shall apply to floodwater diversion, debris removal, and levee repair and breech in the Tulare Lake Basin, on the condition that the actions cease when the flood conditions have abated to the point there is no longer flooding outside of defined streambeds and levees. Additionally, the suspension created by Paragraph 2 shall apply to floodwater diversion only if all of the following additional conditions are met:
a. The diversion of floodwater from the Tulare Lake Basin or rivers or streams flooding the Tulare Lake Basin must occur between March 31, 2023, and August 1, 2023, for flood management purposes.
b. For diversions directly from rivers or streams, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. For diversion of floodwaters in the Tulare Lake Basin (that is, waters no longer contained within a defined streambed or levee), a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures. d. Any water diverted is not diverted to and will not be applied to any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed wetlands.

4. In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspension created by Paragraph 2 should take care, wherever feasible, to protect above-ground infrastructure and drinking water and wastewater infrastructure such as drinking water well field sites, wastewater discharge ponds, and other water resources that are necessary for the protection of human health and the recovery of impacted communities.

5. For purposes of conducting emergency flood preparation and response activities, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake Basin.

6. To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake Basin, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

7. The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake Basin.

The requirements and period of employment for such appointments will be determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.

8. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to use temporary facilities such as the Alpine County Public Library due to extraordinary snowpack on the roof of Bear Valley Elementary School, rendering instructional space unsafe, the requirements of Education Code sections 17280, et seq., 17365, et seq., and Government Code sections 4453 and 14963 are suspended with respect to those temporary facilities. The requirements of the California Building Code (codified in Title 24 of the California Code of Regulations), as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply to these temporary facilities.

9. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to temporarily use buildings, as defined in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 2, section 202), such as the Alpine County Public Library due to extraordinary snowpack on the roof of the Bear Valley Elementary School, rendering instructional space unsafe, local planning and zoning regulations shall be suspended to allow immediate occupancy of such buildings for use as public school facilities. In addition, the requirements of the California Building Code, as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply, except that the requirements relating to Change of Use or Occupancy Classification in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 1, section 111) shall not trigger immediate code upgrades, and a Certificate of Occupancy shall not be withheld for such immediate and temporary use of the facilities as a public school, as long as such facilities met building code requirements at the time of their construction, are accessible to individuals with disabilities, and are judged safe for use by the local building official.

10.Education Code section 60641(a) requiring that all pupils be administered academic assessments in mathematics, English language arts, and science, as provided for in Education Code section 60640, is suspended for the 2022-2023 school year for Pajaro Middle School, Hall District Elementary School and Ohlone Elementary School of the Pajaro Valley Unified School District, if a federal waiver is approved by the United States Department of Education.

I FURTHER DIRECT 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 31st day
of March 2023.
________________________________

GAVIN NEWSOM
Governor of California
ATTEST:
________________________________
SHIRLEY N. WEBER, Ph.D.

Secretary of State

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; and
WHEREAS under the provisions of 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 these ongoing winter storms.

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, 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. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect except as modified in this Order.

2. Paragraph 2 of Executive Order N-6-23 is withdrawn and replaced by the following:

To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake or San Joaquin River Basins, the following are suspended for activities that meet the requirements in Paragraph 3.
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter; and
b. Division 13 (commencing with Section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.

3. Paragraph 3 of Executive Order N-6-23 is withdrawn and replaced by the following, except that any diversion in the Tulare Lake Basin that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-6-23 until August 31, 2023:

The suspensions created by Paragraph 2 shall apply to floodwater diversion, floating vegetation and debris removal, and levee repair and breach, in the Tulare Lake or San Joaquin River Basins, on the condition that the actions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.

4. Additionally, the suspensions created by Paragraph 2 shall apply to floodwater diversion only if all the following additional conditions are met:
a. Any diversion of floodwaters directly from the (i) Tulare Lake Basin or rivers or streams or bypasses flooding the Tulare Lake Basin or (ii) the San Joaquin River or San Joaquin River tributaries (including Fresno Slough and James Bypass) or San Joaquin River bypasses must occur between March 31, 2023, and August 31, 2023, for flood management purposes.
b. With respect to diversions of floodwaters directly from rivers or streams or bypasses, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. With respect to diversions of floodwaters that are no longer contained within a defined streambed or levee, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures, or are on lands inundated as a result of actions within subparagraph (a). d. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticide or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed
wetlands.
e. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
f. With respect to diversions of floodwaters directly from the San Joaquin River or San Joaquin River Tributaries, the diversion uses:
i. either existing diversion infrastructure or temporary pumps; ii. no new permanent infrastructure or permanent
construction; and
iii. simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.

5. Paragraph 4 of Executive Order N-6-23 is withdrawn and replaced by the following:

In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspensions created by Paragraph 2 should, wherever feasible, protect aboveground infrastructure and water sources that are necessary for the protection of human health and the recovery of impacted communities.

6. Paragraph 5 of Executive Order N-6-23 is withdrawn and replaced by the following:

For purposes of conducting emergency flood preparation and response activities beyond those provided for in Paragraphs 2 and 3, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake or San Joaquin River Basins.

7. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake or San Joaquin River Basins, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.

8. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:

The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake or San Joaquin River Basins. The requirements and period of employment for such appointments will be determined by the Office of Emergency Services, but shall not extend beyond the termination date of the State of Emergency.

9. Paragraph 3 of Executive Order N-4-23 is withdrawn and replaced by the following, except that any diversion that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-4-23 until August 31, 2023:

The suspensions created by Paragraph 2 of Executive Order N-4-23 shall apply to diversions of floodwaters as to which all the following conditions are met:
a. Diversions of floodwaters directly from rivers, streams, or bypasses must occur between March 10, 2023, and August 31, 2023, for flood management and associated groundwater recharge.
b. Diversions of floodwaters no longer contained within a defined streambed must prevent imminent risk of flooding or relieve flooding pressure from land, roads, or structures, already inundated, including as a result of actions within subparagraph (a).
c. A local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that waters at or downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
d. The diversions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
e. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands, to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticides or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed
wetlands.
f. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta (Delta) as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species supporting regulatory requirements in the Delta at the time of the diversion.
g. The diversion uses:
i. Either existing diversion infrastructure or temporary pumps; ii. Existing groundwater recharge locations, where available; iii. No new permanent infrastructure or permanent
construction; and
iv. Simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
h. The person or entity availing itself of suspensions created by Paragraph 2 of Executive Order N-4-23 files a preliminary report with the Water Board and any applicable Groundwater
Sustainability Agency (GSA) or GSAs for the basin, no later than 14 days after initially commencing diversion of flood flows for groundwater recharge, and a final report with the Water Board and any applicable GSA or GSAs for the basin no later than September 15, 2023. The preliminary and final reports required by this subparagraph shall:
i. Identify the person or entity utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23;
ii. Identify the triggering condition from subparagraph (c) of this paragraph;
iii. Provide the GPS coordinates for the point of diversion, a map identifying the approximate area inundated by the
flood flows, and the corresponding assessor parcel
number(s);
iv. Identify the time when diversions of floodwaters to groundwater recharge commenced, and for final reports,
when diversions ceased; and
v. Provide an estimate, as of the report's date, of the amount of floodwaters diverted utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23.

The Water Board shall post on its internet website all reports received pursuant to this subparagraph.

10. To mitigate the effects of the Late Winter Storms, including by reducing the risks of local catastrophic flooding in the Tulare Lake Basin, Part 2 (commencing with section 1200) of division 2 of the Water Code, exclusive of section 1225, and regulations adopted pursuant to that part, are suspended for diversions of flood flows into the Kern Intertie and ultimately into the California Aqueduct until August 31, 2023, such that applications and permits for water rights shall not be required for such diversions, nor shall such diversions create new water rights or modify existing water rights, to the extent applications or permits would have been required or water rights would have been affected absent this suspension.

11. The Department of Water Resources and State Water Resources Control Board shall (i) communicate to water systems and others any additional information or actions necessary for those systems and others to monitor and be prepared for the addition of Kern River floodwater in the California Aqueduct, and (ii) collaborate on longterm actions that align water rights and flood response, including actions that maximize in-basin groundwater recharge.

I FURTHER DIRECT 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 17th day
of May 2023.
_________________________

GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY WEBER, PH.D
Secretary of State

Matter No. 2023359
Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
April 14, 2023
Ms. Nancy Ward
Director, Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Dear Director Ward,
Tulare County appreciates the Office of Emergency Services’ tireless work to support the response to and recovery from DR-4699 in our County and the surrounding region.

Specifically, your negotiation of an ongoing incident period and the expeditious approval of individual assistance programs have been particularly valuable to the affected communities as we continue to recover from storm damages, repair distressed and weakened waterways, and prepare for the impending historic snowmelt runoff.

As current snow moisture content in local watersheds is estimated at over 300% of the historical average, total inflows to local reservoirs through April and July are expected to exceed three times the reservoir capacity. Local reservoir and waterway operators continue to aggressively release water at or near full capacity to make space for the anticipated inflows and prevent a return to spillway flows, while balancing needs of downstream operators to conduct emergency repairs. As a result, a number of homes, agricultural properties, and public spaces remain inundated with floodwater, and more homes may be affected because of the new snowmelt conditions. Specifically, we anticipate similar or worse conditions as a result of the snowmelt.

Tulare County is concerned that current sheltering for individuals affected by inundation and/or evacuation orders, including previously displaced individuals who remain under an evacuation order, may be limited in duration, especially during the current intervening period between storm and snowmelt-induced flooding incidents within the disaster.

Tulare County has entered into an agreement with the City of Porterville to maintain the last remaining emergency evacuation shelter site in the County. The California Department of Social Services and Volunteer Emergency Services Team have pledged support to provide staff and services for only two weeks at this shelter. Forty Tulare County residents who have been displaced due to flood activities are staying at this site. Because the support from CDSS and VEST is limited, the County is concerned that it may not be able to continually fund and staff the ongoing shelter projects. Our concern is the ongoing financial and logistical burden to the County and the incorporated cities therein.

As we are sure that you are aware, emergency protective measures, flood control activities, and damage assessments are being conducted because of the flood conditions in Tulare County. These efforts go hand-in-hand with ensuring that County residents are safe, Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
fed, and warm. The State’s cooperation in keeping funding and support from the Department of Social Services and VEST beyond the initial two weeks available for emergency sheltering of Tulare County Residents is vital. Your support in ensuring ongoing funding and logistical support for these critical emergency protective measures is greatly appreciated.

Sincerely,
Andrew Lockman
Office of Emergency Services Manager

Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Date: Adults: Youth: Dogs:

Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Date: Adults: Youth: Dogs:

Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023 19 1 6
Wednesday, May 31, 2023 17 1 3
Thursday, June 1, 2023 19 1 7
Friday, June 2, 2023 17 1 7
Saturday, June 3, 2023 16 1 4
Sunday, June 4, 2023 20 1 8
Monday, June 5, 2023 20 1 6
Tuesday, June 6, 2023 22 1 10
Wednesday, June 7, 2023 23 1 9
Thursday, June 8, 2023 22 1 7
Friday, June 9, 2023 22 1 10
Saturday, June 10, 2023 15 1 6
Sunday, June 11, 2023 26 1 9
Monday, June 12, 2023 18 1 7
Tuesday, June 13, 2023 24 1 4
Wednesday, June 14, 2023 21 1 7

Calwen Inc. dba Rescue Source & Rescue 3
P.O. Box 1050
Wilton, CA 95693
Phone: 916-687-6556
Fax: 916-687-6717
Email: [email protected]
Calwen Inc. dba Rescue Source &
Rescue 3 Intl
Invoice
Order # Date
131282 03/20/2023

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Phone: 559-782-7526
Email: [email protected] Contact: JANIE RODRIGUEZ PO Number: 23-22733
Bill To: Ship To:

PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Customer: PORTERVILLE FIRE DEPARTMENT
Sales Rep Payment Terms FOB Point Carrier Ship Service Date Scheduled MELISSA NET 30 Origin UPS Next Day Air 03/20/2023
Item
# Type Number Description Unit Price
Qty
Ordered Total Price
1 Kit KT2210 PFD TYPE V PACKAGE $250.00 20 ea $ 5,000.00 2 Sale PF4026R NRS 2022 RAPID RESCUER RED $0.00 20 ea $ 0.00 3 Sale KN2556OR NRS PILOT KNIFE ORANGE $0.00 20 ea $ 0.00 4 Sale WH7905 WHISTLE-RESCUE 3 LOGO WITH COIL $0.00 20 ea $ 0.00 5 Sale HL7050HVL/XL RQ3 STORM PRO HELMET HI VIS

LARGE/XLARGE
$32.00 20 ea $ 640.00
6 Shipping Freight Freight Out $256.00 1 ea $ 256.00
7 Sale Tax Expense Tax Expense $521.70 1 ea $ 521.70
Total:

Subtotal:

Sales Tax:
$6,417.70
$0.00
$6,417.70
March 20, 2023 10:55:08 AM PDT Page 1 of 1
Thank you for your order.

If you have any questions please call 800-457-3728
or e-mail [email protected].

Rain For Rent
Bakersfield
4001 State Rd
Bakersfield CA 93308
United States
661-399-1724
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person

JESSE PINTOR
REMIT PAYMENTS TO:

RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
3/30/2023 23-22734
112354

CITY OF PORTERVILLE

PAYMENT
DUE
PO or JOB#
1854595 4/29/2023

PLEASE PAY

ADDRESS

ADDRESS
NAME
CUSTOMER #

CUSTOMER
CONTRACT # 1169502

CITY OF PORTERVILLE

NAME CITY OF PORTERVILLE
SHIPPED TO JOBSITE:
291 N MAIN ST
PORTERVILLE CA 93257
INVOICE# INVOICE DATE
Corporation Yard
555 N Prospect St
Porterville CA 93257
$77,396.67

PHONE PHONE
Notes:

Requested by: Michael Knight
PO Number: 23-22734
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU

DAYS PRICE AMOUNT TAXABLE
BILLED

1.00 EA Pump BA150E D285 Tlr Mt Diesel 0.00 $65,685.06 Y Eng Hatz 4H50TIC
1022734 SALES $65,685.06

1.00 EA Shipping/Handling 0.00 $5,158.57 Y
Freight
M240 SERVICES $5,158.57
TOTAL RENTALS:

TOTAL SALES:

TOTAL SERVICES:

SUBTOTAL:
$65,685.06
$5,158.57
$70,843.63
$0.00
TOTAL OTHER: $0.00
TAX: $6,553.04
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.

PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.

SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $77,396.67
PAYMENT TERMS: NET 30
Printed Date: 3/30/2023 Page 1 of 1

AG
5/5/23
X*
*Payment to be issued upon completion of a City of Porterville Business License Application AG
AG 5/5/23
5/5/23

State of California

GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a)  “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b)  “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c)  (1)  “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2)  A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.)