Porterville City Council
June 20, 2023

City Council Agenda June 20, 2023

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

PORTERVILLE, CALIFORNIA
JUNE 20, 2023, 5:30 PM
The City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – City Council Meeting of June 20, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83264144409?pwd=SGl6RGRYNVlRWkd4cjAvZENqMTFLdz09 Or via Telephone: 1-669-900-6833 Webinar ID: 832 6414 4409 Passcode: 251266 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 - Conference with Real Property Negotiators/Property: APN: A portion of APN 253-171-004. Negotiating Parties: City of Porterville and Sam Zenz. Under Negotiation: Terms and Price. 2 - Government Code Section 54956.95 – Liability Claim: Claimant: Dennis Thomas Crowell. Agency claimed against: City of Porterville.

3 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three (3) cases in which facts are not yet known to potential plaintiff.
4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 5 - Government Code Section 54957 – Public Employee Performance Evaluation - Title:

City Manager.
6 - Government Code Section 54957 - Public Employee Performance Evaluation - Title: City Attorney.

City Council Agenda June 20, 2023

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

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Beltran
Invocation

PRESENTATIONS
Employee of the Month
CalTrans Project Presentation

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

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

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - June 1, 2023

2. Library & Literacy Commission - (On Summer Hiatus)

3. Arts Commission

4. Animal Control Commission

5. Youth Commission (On Summer Hiatus)

6. Transactions and Use Tax Oversight Committee (TUTOC) - May 25, 2023 II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - May 2023

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

1. Authorization to Purchase Master Meter 4G Radio Read Water Meters Re: Considering approval to purchase miscellaneous new meters, replacement meters, and/or meter registers during the 2023-2024 Fiscal Year, up to but not exceeding $100,000.

2. Authorization to Purchase Water Shares or Surface Water for Groundwater Recharge Re: Consideration to authorize the purchase of water shares or surface water during the 2023- 2024 Fiscal Year in amount up to $800,000.

City Council Agenda June 20, 2023

3. Authorization to Redistribute Request for Qualifications - Hayes Field Lighting Project
Re: Authorizing staff to redistribute an RFQ for the Hayes Field Lighting Project

4. Authorization to Award Contract - Main Street Reconstruction Project Re: Awarding the Main Street Reconstruction Project to Granite Construction Company in the amount of $1,625,483.50, plus a ten percent (10%) contingency and ten percent (10%) for construction management, surveying, quality control and inspection services.

5. Award of Contract - Financial Auditing Services
Re: Considering award of contract to CliftonLarsonAllen LLP to provide professional audit services for the fiscal years ending June 30, 2023 through June 30, 2025, with the option of extending the agreement for two additional one-year periods.

6. Authorization to Negotiate Contract for Professional Services to Update the Public Health & Safety Element and Preparation of an Environmental Justice Element for the Porterville 2030 General Plan
Re: Considering authorization to staff to negotiate a contract with Provost & Pritchard Consulting Group to complete the elements of the City's 2030 General Plan for the proposed scope amount of $119,848.

7. Authorization to Temporarily Extend Participation in Cooperative Purchasing Programs on Existing Asphalt Contracts
Re: Consideration to temporarily extend the existing Fiscal Year 2022-2023 asphalt contracts between the County of Tulare, Jaxon Enterprises, and Delano Rock & Asphalt pending a finalized contract for Fiscal Year 2023-2024.

8. Approval of Resolution Authorizing the Filing of Regional Surface Transportation Program Exchange Fund Claim for the Fiscal Year 2022-2023 Re: Authorizing staff to file an RSTP claim in the amount of $807,280 for FY 2022-23.

9. Authorization to Acquire Storm Drain Pipeline Easements Re: Considering the acceptance of easements from Robert C. Nuckols and Gail L. Nuckols for a purchase price of $31,500 for the purpose of installing a storm drain pipeline at APNs 302-110-073 and 302-110-059.

10. State Senate Bill 1205 Annual Fire Department Inspection Reporting Re: Consideration of a draft Resolution acknowledging receipt of the SB 1205 Annual Fire Department Inspection Report.

11. Authorization to Increase Departmental Contributions Towards the City's Self-Funded Healthcare Plan
Re: Authorizing an increase in City Department contributions towards the City's self-funded healthcare plan to $1,200 per employee per month effective July 1, 2023.

12. Approval of Community Civic Event - Ivanhoe Family Worship Center - The Worship Experience Church in the Park - July 8, 2023
Re: Considering approval of a community civic event scheduled to take place on July 8, 2023 at Veterans Park.

13. Scheduling of City Council Meeting, KJUG Free Summer Concert and National Night Out Community Event on August 1, 2023
City Council Agenda June 20, 2023

Re: Considering the scheduling of the City Council meeting, the KJUG Free Summer Concert and National Night Out community event on August 1, 2023.

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

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

PUBLIC HEARINGS

15. Adoption of Fiscal Year 2023-2024 Budget
Re: Consider adoption of the proposed Fiscal Year 2023-2024 Budget.

16. Annual Adjustment of Fees by Application of the Engineering News-Record (ENR) Cost Index
Re: Receiving public comment regarding the implementation of the annual fee adjustment pursuant to the ENR cost index for fees such as impact and connection fees.

SECOND READINGS

17. Second Reading - Ordinance No. 1901 - Amending Section 204.01 and 204.02 of the Porterville Development Ordinance Regarding the PO (Professional Office) Zone District
Re: Giving Second Reading of Ordinance No. 1901, amending Section 204.01 and 204.02 of the Porterville Development Ordinance Regarding the PO (Professional Office) Zone District.

18. 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
Re: Giving Second Reading of 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.

SCHEDULED MATTERS

19. Consideration of Interim Operations of the Navigation Center Re: Consideration to authorize the use of American Rescue Plan Act (ARPA) funds to fund the operations of the Porterville Navigation Center for 90 days; and select and award the Operator of the Porterville Navigation Center for the interim 90 days.

20. CalCities Priority State Legislation Update
Re: Consideration of CalCities Priority Legislation Update and direction for the drafting of letters of opposition or support for individual legislative proposals.

21. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts or likely impacts relative to increased flow of the Tule River.

City Council Agenda June 20, 2023

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

1. Library Facility Planning Committee Meeting - May 18, 2023

2. Local Initiatives Navigation Center (LINC) Committee Meeting - June 7, 2023

3. CalVans Board Meeting - June 8, 2023

4. Tulare County Association of Governments (TCAG) Sustainable Corridors Committee Meeting - June 8, 2023 (CANCELLED)

5. Tulare County Water Commission - June 12, 2023

6. Tulare County Regional Transit Agency (TCRTA) Meeting - June 14, 2023 (CANCELLED)

7. Eastern Tule Groundwater Sustainability Agency (ETGSA) Board Meeting - June 15, 2023

8. Porterville Area Development Authority (PADA) Board Meeting - June 16, 2023

ORAL COMMUNICATIONS

OTHER MATTERS

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

ADJOURNMENT - to the meeting of July 18, 2023, at 5:30 p.m.

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

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

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

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: 1. Water Conservation Phase IV Status Update - May 2023 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of October 1, 2022. The Water Conservation Plan applies to all municipal water users within or outside the city limits.

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

Effective October 1, 2022, the City transitioned to Phase IV of its Water Conservation Plan. The Phase IV plan limits outdoor watering to one day per week, with "odd" addresses allowed to water on Saturday and "even" addresses allowed to water on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday through Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch. Effective June 1, 2023, the City transitioned to Phase III of its Water Conservation Plan.

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

Water production for May 2023 reflects a zero percent (0%) decrease from the 5-year average. The monthly production for May was 312 million gallons, which is a thirty-four percent (34%) decrease compared to May 2013 at 472 million gallons. Residential consumption for May 2023 was one hundred and sixteen (116) gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from June 2015 through May 2023. Porterville's cumulative total production conservation through May 2023 is twenty (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through May 2023. Porterville's cumulative total GPCD conservation through May 2023 is twenty-five percent (25%).

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

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a one percent (1%) decrease from May 2022 to May 2023.

California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2).

The City of Porterville's Water Conservation Plan Phase IV meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N10-21.

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

2. Monthly Production Status GPCD May 2023

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

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

0.00 25.00

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

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

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

WATERING PROHIBITED

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

NO WATERING

MONDAY THROUGH
FRIDAY.

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

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

OR
Item No. 1.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Authorization to Purchase Master Meter 4G Radio Read Water Meters SOURCE: Public Works
COMMENT: Water meters installed throughout the city are critical to determining water consumption and generating revenue from water sales. This revenue source funds the operating and maintenance costs of the water utilities enterprise fund.

The City owns and maintains approximately 17,000 meters throughout its water distribution system. In order to maintain the supply of meters, staff would like to request the opportunity to purchase new and replacement water meter inventory in bulk for the 2023-2024 Fiscal Year. The City has previously ordered replacement water meters and registers in small increments, on an as-needed basis, to refill stock and meet the demands of development. Over the years, staff has experienced extended lead times of up to ten (10) weeks, creating an operational challenge to meet demands and maintain replacement and reserve stock.

Master Meter Inc. meters currently comprise approximately thirty percent (30%) of the total active meters in the distribution system. The purchase of various sizes of new and replacement meters and registers is necessary to maintain system accounting and service account establishment. Master Meter, Inc. is a well-established manufacturer and supplier of meters throughout the industry, and the City's Water Utilities Division has been utilizing Master Meter meters in the City's water distribution system for more than ten (10) years. Hydro Pro Solutions is now the sole distributor of Master Meter meters in California. With the East Porterville Water Consolidation Project, the City began the implementation of Master Meter 4G radio read meters and the meter reading equipment and is moving forward with the conversion of existing direct read meters to a fixed radio network. This requested budget expenditure will serve as a miscellaneous meter purchasing budget approval for any inventory that could have been missed in the original assessment for conversion to a fixed network.

Staff recommends that the City Council authorize the Public Works Director to purchase Master Meter 4G radio reading water meters, replacement meters, and meter registers for an amount not to exceed $100,000 in the 2023-2024 Fiscal Year. If approved, staff would be able to place large quantity orders at the beginning of the 2023-2024 Fiscal Year, avoiding the extended lead times and keeping up with demands. Funds for the purchase of these new meters, replacement meters, and/or registers have been set aside in the Water Operating Fund for the 2023-2024 Fiscal Year.

Item No. 1.

RECOMMENDATION: That the City Council authorize the Public Works Director to purchase miscellaneous new and replacement Master Meter 4G radio read water meters, and meter registers from Hydro Pro Solutions during the 2023-2024 Fiscal Year at a not-to exceed amount of $100,000.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Item No. 2.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Authorization to Purchase Water Shares or Surface Water for Groundwater Recharge
SOURCE: Public Works
COMMENT: Staff annually requests authorization to purchase water shares or surface water for groundwater recharge. The City Council has in the past approved the purchase of surface water and/or water shares, when available, from surrounding water entities to be used for groundwater recharge.

The City currently owns 481 shares of Pioneer Water Company (PWC), and it has been the Council’s direction to increase the City’s holdings and water rights when opportunities arise. If approved, when water shares become available, the Public Works Director will be authorized to submit bids for share purchases. The authorization will also be given to negotiating surface water purchases with local irrigation districts that may have water available for sale to be used as groundwater recharge.

Staff recommends that the Council authorize the Public Works Director, or the City Manager's designee, to purchase or bid on any available water shares in the 2023-2024 Fiscal Year with PWC and/or other water entities who may have available water for purchase, also allowing for the purchase of surface water being offered for sale. Funds for the purchase of water shares or surface water have been set aside in the Water Operating Fund budget for the 2023-2024 Fiscal Year.

RECOMMENDATION: That the City Council authorize the Public Works Director, or the City Manager's designee, to purchase water shares or surface water during the 2023-2024 Fiscal Year up to $800,000.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Item No. 3.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Authorization to Redistribute Request for Qualifications - Hayes Field Lighting Project
SOURCE: Engineering and Project Management
COMMENT: On May 31, 2023, staff received no statements of qualifications for the Hayes Field Lighting Project. The existing Hayes Field lights were relocated from the historic municipal ball field at the former fairgrounds many years ago. Hayes Field serves as a drainage basin that, at times, receives an abundance of water that the existing wood light poles were not meant to withstand. The existing wood poles have rotted to the extent that a couple have had to be removed due to safety concerns.

The Hayes Field Lighting Project was approved by the City Council as part of the adopted 2022-2023 Fiscal Year budget. The project's estimated cost is $750,000 and will be funded by federal American Rescue Plan Act (ARPA) funds. As the funding is federal, the City would need to redistribute the request for qualifications a second time in an attempt to attract qualified consultants for the project before entertaining alternate means of procurement to complete the project.

If authorized, staff will readvertise for this project utilizing the previously approved request for qualifications packet. To help ensure a better response, in addition to the automatic invitations that go out through the Public Purchase website when a project is posted, staff will personally reach out to past consultants and local qualified individuals to encourage participation. Interested firms shall submit a statement of qualifications that will be reviewed and rated by a selection panel. The highest ranking firms may or may not be asked to participate in an interview panel and ranked again. Staff will then present the results of the ranking to Council for approval and to direct staff to negotiate a fee with the highest ranking firm or the firm determined by Council. The chosen firm will meet with staff to fine tune the scope and deliver a fee. If the fee is acceptable, staff will then seek Council's approval to execute a Service Agreement so that the firm can commence with the needed design work for the Hayes Field Lighting Project.

The selected firm will provide full-service materials and installation for the replacement of existing lights for the three softball fields. The new galvanized steel poles will have LED high efficiency lighting that is fully controllable remotely.

Item No. 3.

RECOMMENDATION: That City Council authorize staff to redistribute a Request for Qualifications for the Hayes Field Lighting Project.

ATTACHMENTS: 1. Draft Request for Qualifications

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

REQUEST FOR QUALIFICATIONS
Professional Services – Hayes Field Lighting Project
June 2023
PREPARED BY:

PARKS AND LEISURE SERVICES DEPARTMENT
February 2023
22/23 – CP1951
89-9412
I INTRODUCTION AND OBJECTIVES:

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

II EXAMINATION OF PROPOSAL DOCUMENTS:

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

III ADDENDA/CLARIFICATIONS:

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

IV PROPOSAL REQUIREMENTS:

Proposals for this project will be accepted at this office until 4:00 p.m., on Wednesday, July 26, 2023. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for Parks Master Plan.” Cost proposals shall not be submitted until requested by the CITY. Proposals shall be addressed to:

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

V PRE-CONTRACTUAL EXPENSES:

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

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

VI EXCEPTIONS/DEVIATIONS:

Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's proposal. Such exceptions must be included as a separate element of the proposal entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:

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

VIII LOCAL AGENCY REPRESENTATIVE:

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

IX INSURANCE REQUIREMENTS:

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

X INDEMNIFICATION:

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

XI SUBCONTRACTING:

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

XII FEDERAL, STATE, AND LOCAL LAWS:

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

XIII PROPOSAL EVALUATION CRITERIA:

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

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

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

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for the week of August 7, 2023. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

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

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANT shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract. Where two or more CONSULTANT’s desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANT is expected to be presented at the City Council meeting scheduled for Tuesday, August 15, 2023. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.

XVII COMPENSATION:

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

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

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

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

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

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

XIX PROPOSAL FORMAT AND CONTENT:

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

A. Firm Experience:

1. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities.

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

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

B. Consultant Team:

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

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

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

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

C. Proposal Format:

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

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

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR HAYES FIELD LIGHTING The City of Porterville seeks “Statement of Qualifications” (SOQ) from sport field lighting professionals interested in contracting to provide lighting improvements for Hayes Field Lighting project. The City intends to select one (1) qualified lighting professional to provide full-service materials and installation for the replacement of existing lights on the three (3) Hayes Field softball fields. This document identifies the general project scope and procedures for Contractor involvement in this process. Responding businesses must have relevant experience and the ability to provide the requisite professional services.

SCOPE OF SERVICES:

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

1. Meet with City staff to ascertain the full scope of work and determine the level and amount of information and drawings available to the consultant to assist in the preparation of the formal “scope of service”. Said scope shall be prepared and transmitted to the City for review and concurrence. The contractor shall include their “fee” for all work described in the scope of services and, if acceptable to the City, the scope of services and associated fee shall form the basis for the Contract Services Agreement. A brief description of some of the work needed is listed below.

2. Provide clarifications and answer questions as needed.

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

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

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

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

DESIRABLE QUALIFICATIONS OF THE CONTRACTOR:

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

1. Experience in similar size and need sport field lighting projects.

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

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

LOCAL AGENGY RESPONSIBILITIES:

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

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

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

Item No. 4.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Authorization to Award Contract - Main Street Reconstruction Project SOURCE: Engineering and Project Management
COMMENT: On June 13, 2023, staff received two bids for the Main Street Reconstruction Project between Putnam Avenue and Morton Avenue. The project will consist of the removal and replacement of the existing asphalt and base and the 6" cast iron water main. The project also includes the installation of new barrier curb and gutter, detectable warnings, conduit for fiber optic line, and installing video detection at the intersection of Main Street and Putnam Avenue and Main Street and Morton Avenue. Purple pipe will be installed along the stretch of road in order to prepare for the future use of reclaimed water throughout the city. The project also includes the necessary footings and banner poles to be located between City Hall and Centennial Park.

The Engineer's Estimate of Probable Cost for the project was $1,661,187.23.

The low bid presented by Granite Construction Company of Fresno is $1,625,483.50, which is 2.15% less than the Engineer's Estimate. An additional $162,548 is necessary for construction contingency (10%) and $162,548 is required for construction management, surveying, quality control and inspection services (10%), equating to a total construction cost of $1,950,579.50.

Funding for the project is provided as previously approved from Road Maintenance Rehabilitation Account (SB1/Special Gas Tax Funds) in the amount of $1,548,748 and up to $1,000,000 in Local Transportation Funds for a fully funded project.

The bids are as follows:

Contractor Bid Amount
Granite Construction Company
Fresno, CA
$1,625,483.50
MAC General Engineering Inc
Exeter, CA
$1,763,407.44
Staff has found the low bid acceptable.

RECOMMENDATION: That the City Council:

1. Award the Main Street Reconstruction Project to Granite Construction Company in the amount of $1,625,483.50;

2. Authorize progress payments up to one hundred percent Item No. 4.
(100%) of the contract amount;

3. Authorize a ten percent (10%) contingency to cover unforeseen costs; and

4. Authorize an additional ten percent (10%) for construction management, surveying, quality control and inspection services.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

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

W THURMAN AVEN MAIN ST

E HARRISON AVE

E MORTON AVE

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

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Award of Contract - Financial Auditing Services SOURCE: Finance
COMMENT: On May 6, 2023, the City issued a Request for Proposals (RFP) from accountancy firms to provide financial auditing services for the three fiscal years ending June 30, 2023 through June 30, 2025, with the option of extending the agreement for two additional one-year periods. The last solicitation for audit services was in 2011, which resulted in an award of contract to Gallina, LLP, now CliftonLarsonAllen LLP (CLA). CLA has served as the City's auditor since.

In response to the RFP, the City received only a single proposal, which was from CliftonLarsonAllen LLP. Staff has reviewed the proposal from CLA and finds it meets the City's criteria. The scope of work includes the City's financial statements audit, single audit of major programs and appropriations limit agreed-upon procedures.

The proposed fees are as follows and details are attached to this report:

FY2022-2023 $75,820
FY2023-2024 $78,860
FY2024-2025 $82,020
Fees for the option years 2026 and 2027 will increase four percent (4%) each year.

In the event that the City requires CLA to prepare the Annual Consolidated Financial Report, additional fees would be as follows:

FY2022-2023 $ 8,790
FY2023-2024 $ 9,140
FY2024-2025 $ 9,510
The annual audit fees will be appropriated in the City Council's budget in the General Fund.

RECOMMENDATION: That the City Council award the contract to CliftonLarsonAllen LLP to provide professional audit services for the fiscal years ending June 30, 2023 through June 30, 2025, with the option of extending the agreement for two additional one-year periods.

Item No. 5.

ATTACHMENTS: 1. Draft Professional Services Agreement

2. CLA Professional Fees Proposal
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager

PROFESSIONAL SERVICES AGREEMENT
DATE: July 1, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY;" and ______________________________, hereinafter referred to as "CONSULTANT." RECITALS: A. CITY is seeking the services of a CONSULTANT for the purposes specified in this Agreement; and
B. CONSULTANT is qualified and experienced and holds all the necessary licenses to practice and perform the services herein contemplated; and C. CITY AND CONSULTANT desire to contract for the specific services described in this Agreement and to set forth their rights, duties and liabilities in connection with the services to be performed.

AGREEMENTS:

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the CITY and CONSULTANT do contract and agree as follows:

SECTION 1. CONTRACT SERVICES: CONSULTANT hereby agrees to provide the professional services, in a timely manner, as described more fully in the City’s Request for Proposal No. 22/23-SR1954, attached hereto as Exhibit A and Consultant’s Proposal to Perform Financial Auditing Services, attached hereto as Exhibit B.

SECTION 2. PAYMENT: In consideration for said services, CITY shall pay CONSULTANT as detailed in the Schedule of Professional Fees attached hereto as Exhibit C. Progress payment requests shall be submitted by the 25th of each month. CONSULTANT should receive payment within 30 days of the date the bill is received.

SECTION 3. TERM: The services to be performed by CONSULTANT will be commenced upon execution of this Agreement and all “work directives” shall be completed by December 10, annually.

SECTION 4. PROFESSIONAL PRACTICES: CONSULTANT certifies and agrees that all services will be performed in a competent, professional and satisfactory manner.

CONSULTANT also warrants that it is familiar with all laws that may affect its performance and shall advise CITY of any changes in any laws that may affect CONSULTANT’s performance.

SECTION 5. WORKMANSHIP AND MATERIALS: Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel.

Finished or unfinished material prepared under this Agreement by CONSULTANT, shall become property of CITY, except for the audit working papers as required by generally accepted auditing standards. CONSULTANT hereby warrants that any materials prepared under this Agreement shall be fit for the intended use contemplated by the parties.

SECTION 6. INDEPENDENT CONTRACTOR: It is expressly understood that CONSULTANT is entering into this contract and will provide all services required hereunder as an independent contractor and not as an employee of CITY.

SECTION 7. LICENSES AND PERMITS: CONSULTANT shall obtain a City of Porterville business license, which must be kept in effect during the term of this Agreement.

CONSULTANT is responsible for securing any approvals, permits and authorizations required to perform the services under this Agreement.

SECTION 8. INSURANCE: During the term of this Agreement, CONSULTANT shall maintain in full force and effect, at its own cost and expense, the following insurance coverage with a company having an A.M. Best Rating of no less than A:VII:
(i) Commercial general liability and property damage insurance in the amount of not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate; and
(ii) Commercial automobile liability and property damage in the amount not less than One Million Dollars ($1,000,000) combined single limit per accident; and
(iii) Professional liability (Errors and Omissions) insurance of not less than One Million Dollars ($1,000,000) per occurrence; and
(ii) Workers’ compensation insurance with statutory limits and Employers Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per accident. Such insurance shall comply with all applicable state laws. Policy shall include a waiver of subrogation against the City, its officers, agents, employees, and volunteers.

A Certificate of Insurance shall be submitted annually naming the CITY, its officers, agents, employees, and volunteers as Additional Insured as respects the liability arising out of the activities performed in connection with this Agreement. The coverage shall (a) primary with respect to any insurance or self-insurance programs maintained by the CITY; (b) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; and (c) contains Standard Cross-liability provisions.

SECTION 9. INDEMNIFICATION: CONSULTANT shall indemnify and save harmless the CITY, its officers, agents, employees, and volunteers, from and against any and all claims, demands, suits, loss, damage, injury, and liability, including cost and expenses incurred in connection therewith, resulting from, arising out of, or in any way connected with the performance of this agreement, except where and to the extent caused by the active negligence or willful misconduct of the CITY. The provisions of this Section are not limited by the provisions of Section 8 relating to insurance.

SECTION 10. ASSIGNMENT OF CONTRACT: It is acknowledged by the parties that CITY has entered into this Agreement with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 11. NON-DISCRIMINATION: CONSULTANT will not discriminate against any employee, or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code.

SECTION 12. CONFLICT OF INTEREST CODE: CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code”. Said code is in accordance with the requirements of the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 13. CONFIDENTIALITY: CONSULTANT shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY documents, information or conclusions.

SECTION 14. TERMINATION: Either party for just cause may terminate this Agreement by giving thirty (30) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

SECTION 15. ENTIRE AGREEMENT: It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 16. DISPUTES; VENUE: If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that the venue thereof shall be the County of Tulare, State of California. CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

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

CITY OF PORTERVILLE CONSULTANT
By By____________________________
Martha A. Flores, Mayor
Date Date___________________________

Item No. 6.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Authorization to Negotiate Contract for Professional Services to Update the Public Health & Safety Element and Preparation of an Environmental Justice Element for the Porterville 2030 General Plan
SOURCE: Community Development
COMMENT: On April 18, 2023, the City Council authorized staff to distribute a Request for Proposals (RFP) for professional consulting services to undertake an update to the Public Health & Safety Element and the preparation of an Environmental Justice Element of the Porterville 2030 General Plan.

The RFP was open from April 22, 2023 to May 22, 2023 and the City received three responses. The responding firms were Dyett & Bhatia Urban and Regional Planners, Raimi and Associates and Provost & Prichard Consulting Group. All of the proposals met the criteria of the RFP and all firms were found to meet the desired qualifications. Dyett & Bhatia Urban and Regional Planners proposed a project scope of $318,430 to complete the work, Raimi and Associates of $324,972 and Provost & Pritchard Consulting Group has proposed a project scope of $119,848.

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

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate a contract with Provost & Pritchard Consulting Group to complete the Public Health & Safety Element and prepare the Environmental Justice Element of the Porterville 2030 General Plan; and

2. Authorize the Assistant City Manager to execute the contract.

ATTACHMENTS: 1. Request for Proposal Authorization Staff Report 4-18-2023

2. Request For Proposals - Update to the Public Health & Safety Element and Preparation of Environmental Justice Element
Appropriated/Funded:

Item No. 6.

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: Patrice Hildreth, Deputy City Manager
Item No. 5.

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

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

1. The General Plan Must be Comprehensive

2. The General Plan Must be Internally Consistent

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

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

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

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

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

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

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

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

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

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

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

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

Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE

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

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

TABLE OF CONTENTS

SECTION PAGE
NO.

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

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

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

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

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

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

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

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

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

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

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

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS

PUBLIC HEALTH & SAFETY ELEMENT UPDATE AND PREPARATION OF AN

ENVIRONMENTAL JUSTICE ELEMENT

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

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

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

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

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

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

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

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

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

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

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

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

3.0 PROJECT DESCRIPTION
The project consists of an update to the City of Porterville’s Public Health & Safety Element, preparation of an Environmental Justice Element, and preparation of documentation that may be required to comply with the California Environmental Quality Act (CEQA). The selected Consultant shall be responsible for updating the Public Health & Safety Element, preparing an Environmental Justice Element, and preparing the accompanying CEQA documentation. The project shall be guided by the following objectives:
• Comply with all City and State legal and regulatory requirements; • Ensure residents and stakeholders are engaged and participate in the update process;
• Achieve milestones with sufficient time for City to review; Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 5
• Effectively coordinate with other Consultants and City staff; and, • Be consistent with the City’s Local Hazard Mitigation Plan (adopted on March 14, 2023 by the Tulare County Board of Supervisors), and other relevant planning documents.

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

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

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

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 6
(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding. (x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities. (xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.

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

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

Risk of Fire
The Public Health & Safety Element must be reviewed and updated to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Government Code Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 7
Planning, General Plan Technical Advice Series” and shall also include all of the following:

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

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

C. A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) above including, but not limited to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone. (iii) Designing adequate infrastructure if a new development is located in a Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 8
state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression. (iv) Working cooperatively with public agencies with responsibility for fire protection.

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

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

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 9
(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities. (VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services. (B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) above for the protection of the community.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) above including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in atrisk areas. (ii) The designation of adequate and feasible infrastructure located in an atrisk area. (iii) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For the purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services.

This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 10
and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.

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

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

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

CONSISTENCY WITH GENERAL PLAN ELEMENTS AND RELEVANT PLANNING

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

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

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 11
• Assist in the organization and scheduling of, attend, and keep minutes of project related meetings.
• Provide all work products for public review in paper and electronic formats. • Prepare an environmental review in compliance with CEQA guidelines. • Identify community/public outreach and engagement activities and how they will be incorporated into the overall planning process. • Indicate if sub-Consultants will be utilized in completing the project. • Attend, in person or via teleconference, monthly meetings with staff regarding the progress, coordination, and other project management issues. • Explain how the proposer intends to work with City Staff. • Present all required documents to approval bodies, such as the City Council meeting(s).

GENERAL EXPECTATIONS
The ideal Consultant or Consultant team would work collaboratively with staff and community stakeholders to conduct a process that proactively engages the community, and that complies with all applicable laws and regulations. It is expected that the Consultant will:
• Be familiar with the State requirements relating to the Public Health & Safety Element update, including, but not limited to flood hazards, fire hazards, and climate adaptation and resiliency strategies;
• Be familiar with State requirement regarding preparation of an Environmental Justice Element;
• Actively engage a variety of community stakeholders and communicate ideas effectively in various forums, i.e. on-line platforms and community meetings, to engage different groups of residents and encourage public participation; • Promote and advertise public involvement and participation with a branded public outreach effort;
Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 12
• Ensure that the project remains on time and within the allocated budget; and, • Appropriately integrate graphics/maps/infographics as part of a plan document, i.e., use innovative graphics to communicate complex ideas and concepts effectively, during the outreach process and within the final products.

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

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

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

Deliverable(s): Initial Project Schedule, Monthly Updated Schedules Task 1.3: Project Coordination
Consultant will be available to meet with City staff for weekly progress meetings over the course of the project to review status to ensure objectives and milestones are being achieved. At the City’s discretion, these meetings may be conducted as a Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 13
conference call or in person at the City offices. Consultant will prepare a meeting summary, including action items, for each meeting. Consultant will coordinate with staff to create and make presentations to City and/or stakeholders as necessary.

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

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

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

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

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

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

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

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 14
• An outline of public outreach efforts, which could include public workshops, community meetings, and press releases. This effort should ensure every person who wishes to express an opinion has the ability to do so.

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

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

Deliverable(s): Exhibits and public hearing presentations.

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

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

Deliverable(s): Six (6) hard copies and one (1) electronic copy in both PDF Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 15
and Microsoft Word Format
Task 5.3 Final Draft of the Public Health & Safety Element Update and Preparation of the Environmental Justice Element
Consultant will prepare the final draft Public Health & Safety Element Update and the Environmental Justice Element for public review. Consultant will distribute final draft document to interested agencies as determined by the City for public review.

Consultant will review public comments and incorporate revisions as directed.

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

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

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

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

Please note: Since the level of environmental review has not yet been determined, the portion of the proposal responsive to Task 6 shall include two scopes of work: one Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 16
for each of the potential levels of environmental review (Mitigated Negative Declaration or an Environmental Impact Report).

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

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

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

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

Deliverable(s): Four (4) hard copies (3 bound copies and 1 unbound copy), one (1) electronic copy in both PDF and Microsoft Word Format, and Twenty (20) CD-ROM copies
Task 6.5 Adoption
As needed, Consultant shall prepare final findings of fact and statement of overriding Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 17
considerations, and provide to City for review prior to distribution. Prepare and submit requiring filings with State agencies and County Recorder’s Offices.

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

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

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

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

Submit in the order identified below:

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

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

3. Work Schedule: Review the scope of work and provide comments, including changes to the schedule, sequencing, specific work items, and/or Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 18
recommendations for additional work items or optional tasks. Include a proposed schedule or timeline for the entire project, which depicts the overall cumulative project schedule and time to complete each task, including milestones, community meetings, and City Council Public Hearings, based on the initial start date of June 12, 2023.

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

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

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

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

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

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 19

7. Commercial General Liability and Professional Liability Insurance:

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

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

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

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

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

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

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

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 20

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

The City’s selection process will be based on:

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

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

9.0 TENTATIVE PROPOSAL EVALUATION SCHEDULE

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

TASK TENTATIVE DATE

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

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

3. Proposals Due Monday, May 22 2023

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

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

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

7. Final Draft of Public Health & Safety Element Update and Prepared Environmental Justice Element Final Draft
Environmental Document Completed for Public Review
April 2024
Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 21

8. City Council Public Hearing/ Adoption June 2024

10.0 GENERAL TERMS AND CONDITIONS

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

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

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

10.3 City Assistance and Documentation
Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 22
The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other costs or obligation of any kind that may be incurred by a Proposer.

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

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

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

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

10.8 Public Records Act
Responses to this RFP become the exclusive property of the City and subjectto the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in Civil Code section 3426.1(d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Proposers which indiscriminately identify all or most of their proposal as exempt from Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 23
disclosure without justification may be deemed non-responsive.

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

11.0 ONLINE REFERENCES
Consultants are advised to refer to the City’s website at www.ci.porterville.ca.us for a copy of the current General Plan and other relevant City documents. Please refer to the following links:
https://www.ci.porterville.ca.us/departments/community_development/development_ activity.php
Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 24

ATTACHMENT A

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

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

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

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

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

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

SECTION 1. CONTRACT SERVICES:

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

SECTION 2. PAYMENT:

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

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

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 25
SECTION 3. COMPLETION DATE:

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

SECTION 4. FAMILIARITY WITH PROJECT:

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

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY. CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Professional Liability Insurance
Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and consultant agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this agreement. (ii) General Liability
Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.

Consultant’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 26
such policies.
(iii) Auto Liability
Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident.
(iv) Worker’s Compensation
Consultant shall maintain Worker’s Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(v) Indemnity for Professional Liability
When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, including the cost to defend and hold harmless City and any of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal consultant’s fees and costs but only to the extent the Consultant (and its Sub-Consultants) are responsible for such damages, liabilities, and costs on a comparative basis of fault between the Consultant (and its Sub-Consultants) and the City in the performance of professional services under this agreement. (vi) Indemnity for Other than Professional Liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, including legal Consultant’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

SECTION 6. WORKMANSHIP AND MATERIALS:

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 27
Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION:

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

SECTION 11. ENTIRE CONTRACT:

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

SECTION 12. DISPUTES; VENUE:

Request for Proposals – City of Porterville Public Health & Safety Element Update and Preparation of an Environmental Justice Element
Proposal Due Date: 5:00 PM, Monday, May 22, 2023
Page | 28
If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California. CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

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

CITY OF PORTERVILLE CONSULTANT
By ________________________ By _________________________ Date ________________________ Date _________________________ Item No. 7.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Authorization to Temporarily Extend Participation in Cooperative Purchasing Programs on Existing Asphalt Contracts
SOURCE: Public Works
COMMENT: After soliciting bids, the County of Tulare awarded it's Fiscal Year 2022-2023, 3/8" Cold Mix Asphalt contract, 1/2" Cold Mix Asphalt contract, as well as its 1/2" Hot Asphalt Concrete contract, to Jaxon Enterprises, and Delano Rock & Asphalt. These types of asphalt mixes are used for the City's Asphalt Overlay Program, and staff requested authorization to "piggyback" onto these contracts for the purchase of asphalt mixes for the Fiscal Year 2022-2023, which City Council approved at its meeting on June 20, 2022. Resolution No. 35-93, adopted by the Council on April 20, 1993, gives the authorization to participate in cooperative purchasing programs with other agencies for the procurement of materials, equipment, and services.

As a result of the March Storm event, there was a delay in the Tulare County bid process to establish an agreement for the procurement of materials, equipment, and services. The County uses these contracts to purchase cold-mix asphalt, hot-mix asphalt, and other materials to be used in road repair projects scheduled for the next fiscal year. These contracts were published for bid, and agreements are scheduled to be finalized after the end of the current fiscal year (July 1, 2023). As a result, City staff does not anticipate new contracts being in place for up to sixty (60) days. In the interim, Jaxon Enterprises and Delano Rock & Asphalt are offering to extend the current Tulare County contracts to those agencies that take advantage of the “piggyback” clause until new agreements can be finalized. This will allow agencies participating in the Tulare County contracts to continue road maintenance without impacting scheduled work.

Funds for asphalt purchase will be made available from the Fiscal Year 2023- 2024 Capital Improvement Projects Overlay Program funded by Surface Transportation Program (STP), Local Measure R, Measure I, and Local Transportation Funds (LTF).

RECOMMENDATION: That the City Council authorize a temporary extension of the Fiscal Year 2022-2023 contracts for purchasing asphalt mix and materials utilizing the contracts between the County of Tulare, Jaxon Enterprises, and Delano Rock & Asphalt, pending a finalized contract for the 2023-2024 Fiscal Year.

Item No. 7.

ATTACHMENTS: 1. County of Tulare - Jaxon Enterprises 12 Hot Asphalt

2. County of Tulare - Jaxon Enterprises 12 Cold Mix

3. County of Tulare - Jaxon Enterprises 38 Cold Mix

4. County of Tulare - Delano Rock & Asphalt 12 Hot Asphalt

5. County of Tulare - Delano Rock & Asphalt 12 Cold Mix

6. County of Tulare - Delano Rock & Asphalt 38 Cold Mix

7. Resolution No. 35-93
Appropriated/Funded:

Review By:

Department Director:

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

PURCHASING DEPARTMENT
2637 W. Burrel Ave Suite 200., Visalia CA 93291-4593
Telephone 559-636205-1100 Fax 559-687-6939
April 19, 2022
Jaxon Enterprises
DBA Deer Creek Asphalt
Attn: Don Thomason
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1669 - RENEWAL NO. 02, 1/2” HOT ASPHALT CONCRETE– NORTH/SOUTH COUNTY
Our current contract Number 1669 for 1/2” HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY expires on JUNE 30, 2022. The contract clause “RENEWAL” states that the “Contract may be renewed for an additional year by mutual written consent provided prices, terms and conditions remain the same.” If you consent to renewing this Contract at the same prices, terms and conditions for an additional year, please Docusign this Renewal Form and return it by June 1, 2022 to the Purchasing Department. Upon the return of this signed form, Contract No. 1669 will be renewed through June 30, 2023.

Sincerely,
Cher Castellini,
Purchasing Manager

CONTRACT RENEWAL
I consent to providing 1/2” Hot Asphalt Concrete – North/South County to the County of Tulare per Contract No. 1669 for an additional year through June 30, 2023 under the same prices, terms and conditions.

Date: _______________________ Signature: _______________________________________ Title: _______________________________________
Date: _______________________ Signature: _______________________________________ Title: _______________________________________
Corporations Code section 313 requires that contracts with a corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president, and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer, unless the contract is accompanied by a certified copy of the corporation’s Board of Directors’ resolution authorizing the execution of the contract.




























RENEWAL 03 CONTRACT NO.: 1669
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 20-003
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY COMMODITY CODE: 74521
CONTRACT PERIOD: JULY 1, 2019 THROUGH JUNE 30, 2023
PAYMENT TERMS: NET 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE

MERCHANDISE
RETURNS:

FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD
Catalog listing of commodities description and pricing to follow:

Material Contract
Renewal 03















RENEWAL 03

CONTRACT NO.: 1669

SUPPLIER PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2" HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY TON $49.10

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Hot Asphalt Concrete is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" HOT ASPHALT CONCRETE: $ 49.10 PER TON

Asphalt Concrete shall be Type B, ½” maximum and shall conform to the provisions in Section 39, “Asphalt Concrete”, of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans or as requested by County representative.

Oil shall be: Asphalt Binder Oil PG 64-10.
2,500 Tons total estimated quantity for North County/South County through June 30, 2023.

Applicable sales tax will be added in addition to the price indicated above.

The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the engineer.

PLANT LOCATION/SHIPPING POINT: 27671 Avenue 120, Porterville, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
Renewal 03
















EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.

The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.

If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.

ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.

Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:

Qh = HMATT x [Xa/(100 + Xa)]
where:

Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Material Contract
Renewal 03















Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:

Qrap = HMATT x [Xaa I (100 + Xaa)]
where:

Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:

Qe =AETT x (Xe I 100)
where:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).

Material Contract
Renewal 03
















PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA = Qt x A
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:

A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:

A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.

Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.

Material Contract
Renewal 03















County of Tulare

PURCHASING DEPARTMENT
2637 W. Burrel Ave Suite 200., Visalia CA 93291-4593
Telephone 559-636205-1100 Fax 559-687-6939
April 19, 2022
Jaxon Enterprises
Dba Deer Creek Asphalt
Attn: Don Thomason
1643 Tahoe Ct
Redding, Ca. 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1666 - RENEWAL NO. 03, 1/2” COLD MIX – NORTH/SOUTH COUNTY
Our current contract Number 1666 for 1/2” COLD MIX – NORTH/SOUTH COUNTY expires on JUNE 30, 2022. The contract clause “RENEWAL” states that the “Contract may be renewed for an additional year by mutual written consent provided prices, terms and conditions remain the same.” If you consent to renewing this Contract at the same prices, terms and conditions for an additional year, please Docusign this Renewal Form and return it by June 1, 2022 to the Purchasing Department. Upon the return of this signed form, Contract No. 1666 will be renewed through June 30, 2023.

Sincerely,
Cher Castellini,
Purchasing Manager

CONTRACT RENEWAL
I consent to providing 1/2” Cold Mix – North/South County to the County of Tulare per Contract No. 1666 for an additional year through June 30, 2023 under the same prices, terms and conditions.

Date: _________________ Signature: ______________________________________ Title: ______________________________________

Date: _________________ Signature: ______________________________________ Title: ______________________________________
Corporations Code section 313 requires that contracts with a corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president, and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer, unless the contract is accompanied by a certified copy of the corporation’s Board of Directors’ resolution authorizing the execution of the contract.



























RENEWAL 03 CONTRACT NO.: 1666
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 20-003
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
FAX: (530) 243-8787
VENDOR CONTACT NAME:

STREET ADDRESS: 1643 TAHOE COURT DON THOMASON
CITY STATE ZIP CODE: REDDING, CA. 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA. 96003
REMIT TO: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2019 THROUGH JUNE 30, 2023
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE

MERCHANDISE
RETURNS:

FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD
Catalog listing of commodities description and pricing to follow:

Material Contract
Renewal 03















RENEWAL 03

CONTRACT NO.: 1666

SUPPLIER

PART NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2" COLD MIX – NORTH/SOUTH COUNTY TON $47.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48-hour notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" PLANT RUN COLD MIX with OIL: $ 47.00 PER TON

Plant Run Cold Mix – 1/2” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative.
3,000 Tons total estimated quantity for North/South County through June 30, 2023.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT: 27671 AVE 120, PORTERVILLE, CA. 93257 SMARA MINE ID# 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
Renewal 03















County of Tulare

PURCHASING DEPARTMENT
2637 W. Burrel Ave Suite 200., Visalia CA 93291-4593
Telephone 559-636205-1100 Fax 559-687-6939
April 19, 2022
Jaxon Enterprises
DBA Deer Creek Asphalt
Attn: Don Thomason
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1663 - RENEWAL NO. 03, 3/8” COLD MIX – NORTH/SOUTH COUNTY Our current contract Number 1663 for 3/8” COLD MIX – NORTH/SOUTH COUNTY expires on JUNE 30, 2022. The contract clause “RENEWAL” states that the “Contract may be renewed for an additional year by mutual written consent provided prices, terms and conditions remain the same.” If you consent to renewing this Contract at the same prices, terms and conditions for an additional year, please Docusign this Renewal Form and return it by June 1, 2022 to the Purchasing Department. Upon the return of this signed form, Contract No. 1663 will be renewed through June 30, 2023.

Sincerely,
Cher Castellini,
Purchasing Manager

CONTRACT RENEWAL
I consent to providing 3/8” Cold Mix – North/South County to the County of Tulare per Contract No. 1663 for an additional year through June 30, 2023 under the same prices, terms and conditions.

Date: _______________________ Signature: ______________________________________________________ Title: ________________________________________________________ Date: _______________________ Signature: _______________________________________________________ Title: _______________________________________________________ Corporations Code section 313 requires that contracts with a corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president, and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer, unless the contract is accompanied by a certified copy of the corporation’s Board of Directors’ resolution authorizing the execution of the contract.




























RENEWAL 03 CONTRACT NO.: 1663
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 20-003
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 3/8” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2019 THROUGH JUNE 30, 2023
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD
Catalog listing of commodities description and pricing to follow:

Material Contract
Renewal 03















RENEWAL 03

CONTRACT NO.: 1663

SUPPLIER

PART NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 3/8” COLD MIX – NORTH/SOUTH COUNTY TON $48.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48-hour notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 3/8" PLANT RUN COLD MIX with OIL: $ 48.00 PER TON

Plant Run Cold Mix – 3/8” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative.
2,000 Tons total estimated quantity for North County/South County through June 30, 2023.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257
SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
Renewal 03















County of Tulare

PURCHASING DEPARTMENT
2637 W. Burel Ave Suite 200., Visalia CA 93291-4593
Telephone 559-636205-1 100 Fax 559-687-6939
April 19,2022
Delano Rock and Asphalt
Attn: Don Thomason
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL coNTRAcT No. 1670 - RENEWAL No. 03, 112" HoT ASPHALT CONCRETE_ NORTH/SOUTH COUNTY
Our current contract Number 1670 for 112' HOT ASPHALT CONCRETE - NORTH/SOUTH COUNW expires on JUNE 30,2022. The contract clause "RENEWAL" states that the "Contract may be renewed for an additional year by mutual written consent provided prices, terms and conditions remain the same." lf you consent to renewing this Contract at the same prices, terms and conditions for an additional year, please Docusign this Renewal Form and return it bv June 1.2022 to the Purchasing Department. Upon the return of this signed form, Contract No. 1670 will be renewed through June 30, 2023.

Sincerely,
Cher Castellini,
Purchasing Manager

CONTRACT RENEWAL
I consent to providing 112" Hot Asphalt Concrete - North/South County to the County of Tulare per Contract No. 1670 for an additional year through June 30,2023 under the same prices, terms and conditions.

Date: Signature:

Title:

Signature:

Title:

Date: ?L
€,ert #a/b-tcontract.

RENEWAL 03 CONTRACT NO.: t67O
VENDOR NO.:

VENDOR NAME:

STREET ADDRESS:

CITY STATE ZIP CODE
ORDER FROM:

STREET ADDRESS:

CITY STATE ZIP CODE:

REMIT TO:

STREET ADDRESS:

CITY STATE ZIP CODE:

SUBJECT:

COMMODIW CODE:

CONTRACT PERIOD:

PAYMENT TERMS:

SALES TAX:

DEIIVERY:

MINIMUM ORDER:

MERCHANDISE
RETURNS:

PRICES:
830010

DELANO ROCK & ASPHALT
1643 TAHOE COURT
REDDING, CA 96003

DELANO ROCK & ASPHALT
1643 TAHOE COURT
REDDING, CA 96003

DELANO ROCK & ASPHALT
BID/PROPOSAL NO.: 20-003
PHONE: (530124L-2tLz
FAX: (530) 243-0787
VENDOR CONTACT NAME:

DON THOMASON
E.MAIL:
dthomason @jaxonaggregates,com
PO BOX 994248
REDD|NG, CA 96099-4248
t/2,, HOT ASPHALT CONCRETE - NORTH/SOUTH COUNTY
7452L
JULY 1, 201.9 THROUGH JUNE 30,2023
NET 5% 10 DAYS

IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
F.O,B. PLANT LOCATION
NONE

FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

SEE EXHIBIT B _ COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD
Catalog listing of commodities description and pricing to follow:

Material Contract
Renewal03

RENEWAL 03 CONTRACT NO.: 1670

SUPPTIER PART
NUMBER
EXTENDED DESCRIPTION UNIT OF MEASURE tIST PRICE
001 1/2'' HOT ASPHALT CONCRETE _ NORTH/SOUTH COUNTY TON Sso.ao

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor's plant and/or storage location as required, Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.
9UARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Hot Asphalt Concrete Material is important and necessary to the County for the economic completion of its road work projects.

PRIGES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" HOT ASPHALT CONCRETE: $ 56,80 PER TON
Asphalt Concrete shall be Type B, 1A" maximum and shall conform to the provisions in Section 39, "Asphalt Concrete", of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans or as requested by County representative.

Oil shall be:Asphalt Binder Oil PG 64-10.
500 Tons total estimated quantity for North County/South County through June 30, 2023 Applicable sales tax will be added in addition to the price indicated above.

The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the engineer.

PLANT LOCATION/SHIPPING POINT 2OOO INDUSTRIAL PARKWAY. DELANO, CA.93215 PARTICI PATI NG DEPARTME NTS :

RMA Road Yard #1, Porterville
RMA Road Yard#213 Visalia
RMA Road Yard#4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
Renewal 03

EXHIBIT B

5.I. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price lndex for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.

The California Statewide Crude Oil Price lndex is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.
lf a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

For the California Statewide Crude Oil Price lndex, go to:
http ://www. dot. ca. g ov/h q/construc/crudeoil ind ex/ lf the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.

ASPHALT QUANTITIES
General
lnterpret the term "ton" as "tonne" for projects using metric units.

Hot Mix AsphalUPlant Run Gold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula Qh = HMATT x [Xa/(100 + Xa)]
where
Qh - quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM totaltons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
'iTl*'":t'i'"

Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAp) The Engineer calculates the quantity of asphalt in HMA containing RAp using the following formulas:

Qrap = HMATT x [Xaa / (100 + Xaa)]
where:

Xaa=Xta-[(1 00-Xnew) x (Xral1 00)]
and
Qrap - quantity in tons of asphalt used in HMA containing RAp HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAp determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:

Qe =AETT x (Xe / 100)
where:
qs = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions totaltons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).

Material Contract
Renewal 03

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. lf material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA=QtxA
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe+Qss+Qmab+Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:
4 = [(lu /lb) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
4 = [(lu /lb) - 0.95] x lb x [1 + (T I 100)] fora decrease in the crude oil price index exceeding 5 percent
For metric projects, use:

A = 1.1023 x [(lu /lb)- 1.05]x tb x [1 + (T / 100)]foran increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95]x lb x [1 + (T / 100)]fora decrease in the crude oil price index exceeding 5 percent
lu = California Statewide Crude Oil Price lndex for the month in which the quantity of asphalt subject to adjustment was placed in the work.
lb = California Statewide Crude Oil Price lndex for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. lf the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations untilthe tax rate information is submitted.

Material Contract
Renewal 03

County of Tulare

PURCHASING DEPARTMENT
2637 W . Buffel Ave Suite 200., Visalia CA 93291-4593
Telephone 559-636205-1 100 Fax 559-687-6939
April 19,2022
Delano Rock & Asphalt, lnc.

Attn: Don Thomason
1643 Tahoe Ct
Redding, Ca.96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1667 - RENEWAL NO. 02, 112, COLD MIX - NORTH/SOUTH COUNTY
Our current contract Number 1667 for 112" COLD MIX - NORTH/SOUTH COUNTY expires on JUNE 30, 2022. The contract clause 'RENEWAL" states that the "Contract may be renewed for an additional year by mutualwritten consent provided prices, terms and conditions remain the same." lf you consent to renewing this Contract at the same prices, terms and conditions for an additional year, please Docusign this Renewal Form and return it bv June 1.2022 to the Purchasing Department. Upon the return of this signed form, Contract No. 1667 will be renewed through June 30, 2023.

Sincerely,
Cher Castellini,
Purchasing Manager

CONTRACT RENEWAL
I consent to providing 112" Cold Mix - North/South County to the County of Tulare per Contract No. 1667 for an additional year through June 30, 2023 under the same prices, terms and conditions.

Date: z? Signature:

Title:

Signature:

Title: 4-t J'z/l/
Date:
contract.

RENEWAL 03
VENDOR NO.:

VENDOR NAME:

STREET ADDRESS:

CITY STATE ZIP CODE:

ORDER FROM:

STREET ADDRESS:

CITY STATE ZIP CODE:

REMIT TO:

STREET ADDRESS:

CITY STATE ZIP CODE:

SUBJECT:

COMMODITY CODE:

CONTRACT PERIOD:

PAYMENT TERMS:

SALES TAX:

DELIVERY:

MINIMUM ORDER:

MERCHANDISE
RETURNS:

PRICES:

L24L600

DELANO ROCK & ASPHALT, INC
CONTRACT NO.: 1667
BID/PROPOSAL NO.: 20-003
PHONE: (530124t-2LL2
FAx: (530) 243-8787
VENDOR CONTACT NAME:

DON THOMASON
E.MAIL:
dthomason @jaxonaggregates.com
1643 TAHOE COURT
REDDING, CA. 96003

DELANO ROCK & ASPHALT, INC
1643 TAHOE COURT
REDDING, CA. 96003

DELANO ROCK & ASPHALT, INC
PO BOX 994248
REDD|NG, CA 96099-4248
L/2" COLD MrX MATERTAL - NORTH/SOUTH COUNTy
74514
JULY 1, 2019 THROUGH JUNE 30,2023
NET 5% 1.0 DAYS

IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
F.O,B. PLANT LOCATION
NONE

FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

SEE EXHIBIT B - COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD
Catalog listing of commodities description and pricing to follow:

Material Contract
Renewal 03

RENEWAL 03 CONTRACT NO.: 1667

SUPPLIER PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
00r. 'J-/2" COLD MtX - NORTH/SOUTH COUNTY TON Sss,ss

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor's plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48-hour notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

PRIGES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price, The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois, 1/2" PLANT RUN COLD MIX with OIL; $ 55.55 PER TON
Plant Run Cold Mix - 112" mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative.
3,000 Tons total estimated quantity for Nodh/South County through June 30, 2023.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT:
9321 5
2OOO INDUSTRIAL PARKWAY. DELANO. CA.

PARTICI PATING DEPARTM ENTS :

RMA Road Yard#1, Porterville
RMA Road Yard#213 Visalia
RMA Road Yard#4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
Renewal 03

Counfy of Tulare

PURCHASING DEPARTMENT
2637 W.'Bunel Ave Suite 200., Visalia CA 93291-4593
Telephone559-636205-1100 Fax 559-687-6939
April 19,2022
Delano Rock & Asphalt
Attn: Don Thomason
1643 Tahoe Court
Redding, CA 96003
Email: dthomason@jaxonagg regates.com
SUBJECT: MATERIAL CONTRACT NO. 1664 . RENEWAL NO.03, 3/8" COLD MIX_ NORTH/SOUTH COUNTY Our current contract Number 1664 for 3/8' COLD MIX - NORTH/SOUTH COUNry expires on JUNE 30, 2022. The contract clause 'RENEWAL" states that the "Contract may be renewed for an additional year by mutualwritten consent provided prices, terms and conditions remain the same." lf you consent to renewing this Contract at the same prices, terms and conditions for an additional year, please Docusign this Renewal Form and return it bv June 1.2022 to the Purchasing Department. Upon the return of this signed form, Contract No. 1664 will be renewed through June 30, 2023.

Sincerely,
Cher Castellini,
Purchasing Manager

CONTRACT RENEWAL
I consent to providing 3/8" Cold Mix - North/South County to the County of Tulare per Contract No. 1664 for an additional year through June 30, 2023 under the sa ,,ft:'^:nd conditions Date:

Date:

L Signature
Title:

Signature:

Title: Cn, /ro /L--.-
contract.

RENEWAT 03
VENDOR NO.:

VENDOR NAME:

STREET ADDRESS:

CITY STATE ZIP CODE:

ORDER FROM:

STREET ADDRESS:

CITY STATE ZIP CODE:

REMIT TO:

STREET ADDRESS:

CITY STATE ZIP CODE:

SUBJECT:

COMMODITY CODE:

CONTRACT PERIOD:

PAYMENT TERMS:

SALES TAX:

DELIVERY:

MINIMUM ORDER:

MERCHANDISE RETURNS:

PRICES:
830010

DELANO ROCK & ASPHALT
1643 TAHOE COURT
REDDING, CA 96003

DELANO ROCK & ASPHALT
1643 TAHOE COURT
REDDING, CA 96003

DELANO ROCK & ASPHALT
CONTRACT NO.: 1564
BID/PROPOSAL NO.: 20-003
PHONE: (530l'24L-2Lt2
FAx: (530) 243-0787
VENDOR CONTACT NAME:

DON THOMASON
E.MAIL:
dthomason @jaxonaggregates.com
PO BOX 994248
REDD|NG, CA 96099-4248
3/8" COLD MtX MATERTAL - NORTH/SOUTH COUNTy
745L4
JULY 1, 2019 THROUGH JUNE 30,2023
NET 5% 10 DAYS

IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
F.O.B. PLANT LOCATION
NONE

FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

SEE EXHIBIT B _ COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD
Catalog listing of commodities description and pricing to follow Material Contract
Renewal 03

RENEWAL 03 CONTRACT NO.: t664

SUPPTIER PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE IIST PRICE
001 3/8" COLD MtX - NORTH/SOUTH COUNTY Sso,so

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor's plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48-hour notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects PRIGES: Prices shall be F.O,B. Plant Location and shallexclude Federal Excise Taxes, forwhich the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc, NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois 3/8" PLANT RUN COLD MIX with OIL: $ 56.50 PER TON
Plant Run Cold Mix - 318' mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative.
500 Tons total estimated quantity for North County/South County through June 30, 2023.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT 2OOO INDUSTRIAL PARKWAY. DELANO, CA 93215 PARTICI PATING DEPARTM ENTS:

RMA Road Yard #1, Porterville
RMA Road Yard#213 Visalia
RMA Road Yard#4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
Renewal 03

TON

Item No. 8.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Approval of Resolution Authorizing the Filing of Regional Surface Transportation Program Exchange Fund Claim for the Fiscal Year 2022-2023 SOURCE: Finance
COMMENT: Each year, the City receives an apportionment of federal Regional Surface Transportation Program (RSTP) funds in exchange for State Highway Account funds from the Tulare County Association of Governments (TCAG). For Fiscal Year 2022-2023, the amount of RSTP funds available to claim from TCAG is $807,280.

In order for the City to receive distribution of RSTP funds, TCAG requires a Resolution of the City Council authorizing a specific person to file the claim form. Attached is a draft Resolution authorizing the Finance Director to sign and submit the claim to TCAG for RSTP funds in the amount of $807,280 for Fiscal Year 2022-2023.

RECOMMENDATION: That the City Council authorize and direct the Finance Director to sign and submit the Fiscal Year 2022-2023 Regional Surface Transportation Program (RSTP) Exchange funds claim to the Tulare County Association of Governments on behalf of the City in the amount of $807,280.

ATTACHMENTS: 1. Draft Resolution

2. Regional Surface Transportation Program Claim Form
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager

RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE AUTHORIZING THE FINANCE DIRECTOR

TO FILE A REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) EXCHANGE FUND CLAIM FORM FOR FISCAL YEAR 2022-2023
WHEREAS: The Tulare County Association of Governments (TCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and
WHEREAS: Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2 years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS: TCAG is the designated MPO for Tulare; and
WHEREAS: The Annual RSTP Exchange Program fund apportionment is an ESTIMATE and subject to change during the Fiscal Year 2022-2023 due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional actions (i.e., rescissions); and
WHEREAS: The FINAL RSTP Exchange apportionment amount is published at the end of Fiscal Year 2022-2023 and can be different than the ESTIMATE of RSTP Exchange apportionment figure; and
WHEREAS: Annually, Caltrans sends TCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; and WHEREAS: TCAG applies a population-based distribution formula using current Department of Finance (DOF) population estimates (January 2023) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distributed to TCAG member jurisdictions; and
WHEREAS: The ESTIMATE of RSTP Exchange Program fund apportionment amount available to claim in Fiscal Year 2022-2023 for the City of Porterville is $807,280; and WHEREAS: Payment of the ESTIMATE of RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between TCAG and Caltrans, as well as the TCAG RSTP Exchange claim form requirements: Projects to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23 of the United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code; and Resolution No. ___-2023

WHEREAS: If the FINAL RSTP Exchange apportionment figure is higher for Fiscal Year 2022-2023 than the ESTIMATE of RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before TCAG could instruct the Tulare County Auditor-Controller’s Office to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution; and WHEREAS: If the FINAL RSTP Exchange apportionment figure is lower for Fiscal Year 2022-2023 than the ESTIMATE of RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before TCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Tulare County Auditor-Controller’s Office to distribute the lower Fiscal Year 2022- 2023 FINAL RSTP Exchange Program fund amount to member agencies; and WHEREAS: The City of Porterville has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS: It is deemed in the best interest of the City of Porterville to authorize the Finance Director to sign the Fiscal Year 2022-2023 RSTP Exchange Program fund claim form and to submit said claim form to TCAG for processing.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby authorize and direct the Finance Director to sign and submit the above-described Fiscal Year 2022-2023 RSTP Exchange Program fund claim on behalf of the City of Porterville in the amount of $807,280.

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
RSTP Claim form 2022-2023.docx
Claim to the Tulare County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2022/2023
Project Cost of
Project
Air
Quality
Exempt

1. Cold mix and AC pavement repair and overlay program $ 807,280  X

2. $  

3. $  

4. $  
FY 2022/2023 Claim Amount: $807,280
Claimant: City of Porterville
Claim Guidelines:

Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the “Exempt” box. ()

4. If the project is a capacity expanding project and the “build” alternative of the air quality conformance analysis has been completed for the project as required check the “Air Quality” box. () RSTP Claim form 2022-2023.docx
Claim to the Tulare County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2022/2023
It is understood by City of Porterville, (claimant) that payment of this claim is subject to approval by the TCAG Governing Board and must be in accordance with the TCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from TCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to TCAG for credit to the special account described above.

Further, the Finance Director of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature
Print Name
Title
Date
Executive Director, TCAG
Print Name
FY 2022/2023 Claim Amount: $807,280

Claimant: City of Porterville
Item No. 9.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Authorization to Acquire Storm Drain Pipeline Easements SOURCE: Community Development
COMMENT: Pursuant to City Council authorization at its meeting on April 18, 2023, staff has negotiated the acquisition of a pipeline easement and temporary construction easement from Robert C. Nuckols and Gail L. Nuckols, Trustees under the Robert C. Nuckols and Gail L. Nuckols Family Trust in the accepted amount of $31,500. The easements are located at 13144 Road 216, on APNs 302-110-073 and 302-110-059. The terms of the purchase are outlined in the Purchase Agreement, which is provided herein, as are the draft Resolutions.

The installation of the pipeline is to support the new masterplan Drainage Basin 30, which is located generally at the northwest corner of Avenue 128 and Road 216. Funding for the acquisition is available through the Drainage Basin 30 project budget with the proceeds of the 2021 Water Certificates of Participation.

Additionally, the owner has signed a Right of Entry, which will allow for access to the property during escrow and allow the project to proceed.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolutions for the acquisition of the pipeline and temporary construction easement;

2. Accept the Easement deeds; and

3. Authorize the Mayor and City Manager to sign all necessary documents.

ATTACHMENTS: 1. Draft Resolution - Easement Deed

2. Draft Resolution - Temporary Construction Easement Deed

3. Easement Purchase Agreement

4. Right of Entry

5. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
RESOLUTION NO. ____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING AN EASEMENT DEED FOR INGRESS, EGRESS AND STORM DRAIN PIPELINE PURPOSES FROM ROBERT C. NUCKOLS AND GAIL L. NUCKOLS BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby accepts an Easement Deed from Robert C. Nuckols and Gail L.

Nuckols, Trustees Under The Robert C. Nuckols and Gail L. Nuckols Family Trust, for all that real property for ingress, egress and installation, maintenance, repair and replacement of Municipal facilities, upon, over, across and within that certain real property, in the City of Porterville, County of Tulare, State of California, to-wit:

See Exhibit “A” and “B” attached hereto and made a part thereof.

BE IT FURTHER RESOLVED that the easement purchase price of $31,500.00 is hereby approved with Mayor authorized to sign all necessary documents, and said easement deed to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville.

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

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

STORM DRAIN PIPELINE EASEMENT LEGAL DESCRIPTION
The North 30.00 feet, of the South 50.00 feet, of the North half, of the Southwest quarter of Section 8, Township 22 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California;
Excepting therefrom the West 25.00 feet thereof, lying within the right of way of Road 216.

Exhibit A

25.0'

25.0'
324 S. SANTA FE, STE. A
VISALIA, CA 93292
(559) 802-3052

30.0'

20.0' EXISTING EFFLUENT LINE EASEMENT
BY RESOLUTION NO. 33-87

30.0'
SCALE: 1" = 150'

SD P-LINE ESMT
10/11/2022
NORTH
N1/2, SW1/4,
SECT. 8-22/27
S. LINE N1/2, SW1/4, SECT. 8-22/27

STORM DRAIN PIPELINE EASEMENT
AREA = 1.83± ACRES

20.0'

50.0' 50.0'
Exhibit B
RESOLUTION NO. ____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT DEED
FROM ROBERT C. NUCKOLS AND GAIL L. NUCKOLS
BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby accepts a Temporary Construction Easement Deed from Robert C.

Nuckols and Gail L. Nuckols, Trustees Under The Robert C. Nuckols and Gail L.

Nuckols Family Trust, for all that real property for construction purposes related to the installation of Municipal utilities upon, over, across and within that certain real property, in the City of Porterville, County of Tulare, State of California, to-wit:

See Exhibit “A” and “B” attached hereto and made a part thereof.

BE IT FURTHER RESOLVED that the is Mayor authorized to sign all necessary documents, and said easement deed to be recorded in the office of the Tulare County Recorder. The foregoing has been accepted by the City Council for the City of Porterville.

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

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

TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION
The North 10.00 feet, of the South 60.00 feet, of the North half, of the Southwest quarter of Section 8, Township 22 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California;
Excepting therefrom the West 25.00 feet thereof, lying within the right of way of Road 216.

Exhibit A

25.0'

25.0'
324 S. SANTA FE, STE. A
VISALIA, CA 93292
(559) 802-3052

10.0'

30.0'

20.0' EXISTING EFFLUENT LINE EASEMENT
REC. 4/1/1987 BY RESOLUTION NO. 33-87

10.0'

30.0'
SCALE: 1" = 150'TCE ESMT
10/11/2022
NORTH
N1/2, SW1/4,
SECT. 8-22/27
S. LINE N1/2, SW1/4, SECT. 8-22/27
TCE AREA = 0.61± ACRES

60.0'

20.0'

60.0'
Exhibit B

Item No. 10.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: State Senate Bill 1205 Annual Fire Department Inspection Reporting SOURCE: Fire
COMMENT: Public and private schools are generally classified as Educational Group E occupancies, which are schools used by more than six individuals at any one time for educational purposes through the 12th grade and certain child daycare facilities. Within the city of Porterville, there are currently forty-one (41) identified Group E occupancies, with multiple buildings, structures, and facilities. During the calendar year 2022, the Porterville Fire Department inspected forty-one (41) Group E occupancies, buildings, structures, and facilities. This represents a compliance rate of one hundred percent (100%) for the State mandate to inspect all Group E facilities annually.

Hotels, motels, and apartments (three units or more) are generally classified as Residential Group R occupancies. The residential facilities have various subclassifications and may contain residents or clients on a transient or nontransient basis that have a range of needs, such as custodial care, mobility impairments, cognitive disabilities, and more. The residents may also be nonambulatory or bedridden. Within the city of Porterville, there are fifty-nine (59) Group R occupancies identified in the program. The Department continues to make adjustments within the program to ensure we have properly classified structures and their use. The Department has removed some that were misidentified and continue to find and identify additional Group R occupancies in the city that are subsequently inspected and entered into the Department's records management system. The Department anticipates this number to fluctuate with a trend that will increase with annexations and new development coming online. During the calendar year 2022, the Department inspected fiftysix (56) Group R occupancies, including all buildings, structures, and facilities in the program. This is a compliance rate of ninety-five percent (94.92%) for the State mandate to inspect all hotels, motels, and apartments annually.

It should be noted that there are some outstanding inspections in these categories due to violation corrections that may have parts on backorder due to supply chain issues or scheduling delays with contractors. Prevention staff is working with responsible parties to ensure these violations are cleared as soon as possible.

With the sudden onset of Covid-19 and the need to isolate Fire Department personnel from unnecessary exposure and to realign the Department with the recommendations made through the Serious Accident Review Team (SART) report, the Department engine companies ceased conducting fire inspections.

Item No. 10.

This has resulted in the Fire Marshal working to implement inspections to meet State mandates as well as keep up with requests and complaints. Achieving a one hundred percent (100%) compliance rate for State-mandated occupancy inspections requires a focused and dedicated effort that leaves little capacity to inspect other occupancies. Currently, there are over 1,400 occupancies within the city that could be inspected. Of those, over one hundred (100) are Statemandated inspections (not all State-mandated inspections are required to be reported to the City Council). The Prevention Division will continue to evaluate the inspection needs to meet the requirements in Section 13146.5 of the California Health and Safety Code and to keep up with the demands due to the growth of annexations and new construction as well as increased compliance and the ability to capture additional mandated occupancies.

The Fire Chief recommends that the City Council adopt the draft Resolution acknowledging receipt of the Porterville Fire Department's annual inspections report and recognizing the Department's level of compliance with California Health and Safety Code Sections 13146.2 and 13146.3. The first report, provided to the Council at its meeting on June, 20, 2022, was completed following the fiscal year model for FY 2021-2022, to coincide with the budget adoption process. This report, and future reports, will be provided at the time of the budget as referred to in the code. They will be based on the previous calendar year. As the Health and Safety Code allows, should the Council desire, they can provide direction for the annual report to continue to be presented at the budget time, or at another time of the Council's choosing.

RECOMMENDATION: That the City Council adopt the draft Resolution acknowledging receipt of the Fire Chief’s annual report regarding the Porterville Fire Department's inspection of specific buildings and
occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code.

ATTACHMENTS: 1. Draft Resolution

2. SB1205 2022 Fire Inspections

3. Senate Bill No. 1205
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. _____- 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ACKNOWLEDGING RECEIPT OF THE FIRE CHIEF'S ANNUAL REPORT

REGARDING THE PORTERVILLE FIRE DEPARTMENT'S INSPECTION OF

SPECIFIC BUILDINGS AND OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, California Health & Safety Code Section 13146.4 became effective on January 1, 2019 and requires that an annual report of fire inspections conducted by the Fire Department be presented to the City Council for acknowledgement; and WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Porterville Fire Department, that provide fire protection services, to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Porterville Fire Department, that provide fire protection services, to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and
WHEREAS, the City Council of the City of Porterville intends this Resolution to fulfill the requirements of California Health & Safety Code regarding acknowledgment of the Porterville Fire Department's compliance with California Health & Safety Code Sections 13146.2 and 13146.3.

NOW, THEREFORE, BE IT RESOLVED:

SECTION l. REPORT RECEIVED:

That the City Council of the City of Porterville acknowledges receipt of the Fire Department's annual inspections report for Calendar Year 2022 and recognizes the measure of compliance achieved by the Porterville Fire Department with California Health & Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of Porterville, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of P01terville, there were 41 Group E occupancies, buildings, structures and/or facilities identified.

During FY 21-22, the Porterville Fire Department completed 41 annual inspections of Group E occupancies, buildings, structures and/or facilities. This reflects a compliance rate of 100% for this reporting period.

B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies(including several residential care facilities). These residential care facilities have numerous sub- classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be nonambulatory or bedridden. Within the City of Porterville, there were 59 Group R (and their associated sub- categories) occupancies of this nature.

During FY 21-22, the Porterville Fire Department completed 56 annual inspections of Group R occupancies, buildings, structures and/or facilities. This reflects a compliance rate of 94.92% for this reporting period.

PASSED, APPROVED AND ADOPTED this 20th day ofJune, 2023. __________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
_________________________________
By: Patrice Hildreth, Chief Deputy City Clerk
Porterville Fire Department
Inspection Type: All Inspection Types
Start Date: 01/01/2022 | End Date: 12/31/2022
Category/Subcategory Annual Complain
t
Reinspectio
n
Assembly Group A / A-2 Food and Drink 0 1 1
Assembly Group A / A-3 Worship and Recreation 1 0 0
Assembly Group A / A-5 Outdoor Sporting Events 1 0 0
Assembly Group A / Business Group B 2 0 0
Business Group B / Business Group B 19 0 4
Educational Group E / Daycare with more than 5 children age 2.5 or older Group E 12 0 5 Educational Group E / Elementary School 21 0 31
Educational Group E / High School 4 0 7
Educational Group E / Middle School 4 0 5
Institutional Group I / I-3 Jails / Detention Centers 3 0 1 Mercantile Group M / Mercantile Group M 2 1 0
Mercantile Group M / Service Stations 0 1 1
Residential Group R / R-1 Hotels / Motels 1 0 4
Residential Group R / R-2 Apartments 52 0 17
Residential Group R / R-4 Assisted Living (more than 5 but less than 16 (excluding staff) 3 0 0 Storage Group S / S-1 Moderate-hazard (Car Garages) 1 0 0 Total 126 3 76
*State Mandated Occupancies required for reporting pursuant to SB1205 **Additional State Mandated Inspections
Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]

LEGISLATIVE COUNSEL'S DIGEST
SB 1205, Hill. Fire protection services: inspections: compliance reporting.

Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.

This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department's or district's compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates detennines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant 93 Ch. 854 -2-
to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
( c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar fonnal document.
( d) For purposes of this section, "administering authority" means a city council, county board of supervisors, or district board, as the case may be.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 ( commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 0 93
Item No. 11.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Authorization to Increase Departmental Contributions Towards the City's SelfFunded Healthcare Plan SOURCE: Finance
COMMENT: The City's self-funded healthcare plan administered through the Risk Management Fund has been an on-going concern for some time now. In October 2014 and again in January 2016, the City Council authorized the increase of the City's Department contributions towards the healthcare plan to $1,000 per employee per month in addition to the increased contributions to the fund by employees, retirees and dependents. For the next few succeeding years, the increased contribution was able to cover the cost of the healthcare benefits and reduce the deficit in the plan fund.

In the last fiscal year, healthcare costs exceeded the plan contributions again.

Staff believes it prudent to increase the City's contributions at this time in order to cover the cost of providing healthcare benefits to City employees and retirees and further reduce the deficit in the fund. Currently, employee monthly contribution rates are as follows:

Employee only: 2% of base salary
Plus Spouse: +$170.00
Plus Child/Children: +$160.00
Plus Spouse & Child/Children: +$250.00
Retiree only: $490.00
Retiree + Spouse: + $980.00
Staff is proposing to increase the City's Department contributions towards the healthcare plan to $1,200 per employee per month. The total estimated cost to the City annually is approximately $730,000. The General Fund portion of this cost is about fifty-five percent (55%) or $401,500.

RECOMMENDATION: That the City Council authorize the increase in City Department contributions towards the City's self-funded healthcare plan to $1,200 per employee per month effective July 1, 2023.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Item No. 11.

Department Director:

Final Approver: John Lollis, City Manager
Item No. 12.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Approval of Community Civic Event - Ivanhoe Family Worship Center - The Worship Experience Church in the Park - July 8, 2023
SOURCE: Finance
COMMENT: The Ivanhoe Family Worship Center is requesting to hold "The Worship Experience Church in the Park" on Saturday, July 8, 2023, from 8:00 AM to 6:00 PM, at Veterans Park. The community outreach event includes public speakers and offers free hotdogs.

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

RECOMMENDATION: That the City Council approve the Community Civic Event application from Ivanhoe Family Worship Center to hold "The Worship Experience Church in the Park" on July 8, 2023 at Veterans Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

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

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Item No. 13.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Scheduling of City Council Meeting, KJUG Free Summer Concert and National Night Out Community Event on August 1, 2023
SOURCE: Parks and Leisure Services
COMMENT: At its meeting on February 21, 2023, the City Council authorized the City to sponsor the KJUG Free Summer Concert Series to take place at Centennial Park on May 24, June 6 or 7 and June 21, 2023. The concert for June 6 or 7 was canceled and is proposed to be rescheduled for August 1, 2023. The Council has a regular meeting scheduled for August 1st, and it is also the annual National Night Out.

Staff recommends that the Council consider scheduling its meeting to begin at 3:00 P.M., to be able to participate in the National Night Out Event and proposed KJUG Free Summer Concert in the vicinity of City Hall and Centennial Park.

The planned concert performer is Drake Milligan, an actor and singer who appeared on American Idol and America's Got Talent and has songs on the Billboard country music charts. If approved, staff will schedule an Agenda item to authorize street closures and any other appropriate approvals for the Council's consideration at its meeting on July 18, 2023.

RECOMMENDATION: That the City Council:

1. Authorize the KJUG Free Summer Concert and National Night Out community event;, and

2. Authorize the beginning time of the City Council meeting for 3:00 PM on August 1, 2023.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No. 14.

CITY COUNCIL AGENDA – JUNE 20, 2023
SUBJECT: Status and Review of Local Drought Emergency
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of June 6, 2023, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.

On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.

The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 14.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.

On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (50) gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City will need to submit its plan for compliance for approval by the State Water Resources Control Board.

On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water. On March 24, 2023, due to atmospheric river storms during the month of March 2023, Governor Newsom issued Executive Order N-5-23 that ended the requirement that the state's largest water providers (including the City of Porterville) put in place "Level 2" of water storage contingency plans (the City of Porterville is currently in "Level 4"), as well as ended the voluntary fifteen percent (15%) water conservation target.

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

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

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency Item No. 14.
purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

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

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

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

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.

Item No. 14.

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

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

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

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

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Item No. 14.

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

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

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015

2. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021

3. State of California State of Emergency Proclamation: April 21, 2021

4. County of Tulare Drought Local Emergency Resolution:

Item No. 14.

April 27, 2021

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

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

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

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

9. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

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

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

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

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

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

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THEREFORE BE IT RESOLVED THAT:

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

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

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

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

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

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

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

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

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

Authority: Section 1058.5, Water Code.

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

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

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

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

Repeal sections:

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

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

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

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

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

NOTICE REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Authority: Section 105$.5, Water Code.

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

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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

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

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

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

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

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

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

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

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

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

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

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

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

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

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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