City Council Agenda October 17, 2023
CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
OCTOBER 17, 2023, 5:30 PM
The City of Porterville is allowing for electronic viewing of City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at
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City of Porterville – City Council Meeting of October 17, 2023 Please use the following link below to join the webinar:
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Or via Telephone: 1-669-900-6833 Webinar ID: 848 7368 7636 Passcode: 359927 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 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three (3) cases in which facts are not yet known to potential plaintiffs.
2 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Vice Mayor Carrillo
Invocation
PRESENTATIONS
Employee of the Month - Yvette Rodriguez
Outstanding Business Recognition - Hergesheimer's Donut Factory HOPE Grant
City Council Agenda October 17, 2023
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 - October 3, 2023
2. Library & Literacy Commission - October 10, 2023
3. Arts Commission
4. Animal Control Commission
5. Youth Commission
6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports
1. Water Conservation Phase III Status Update - September 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 Veterans Day Run Shirts
Re: Consideration to purchase Veterans Day Run race shirts from Axiom Graphics at the price of $12.00 per unit.
2. License Agreement Extension- Comision Honorifica Mexicana Americana, Inc.
Re: Consideration to authorize the extension of the term of the License Agreement between the City of Portervile and Comision Honorifica Mexicana Americana, Inc. for use of the facility at 466 East Putnam Avenue for twenty-five (25) years, ending September 30, 2048.
3. License Agreement Renewal- Porterville Kiwanis Club
Re: Considering approval of the draft License Agreement renewal between the City of Porterville and the Porterville Kiwanis Club for $1.00 per year, for the lease of real property located at 450 N. Newcomb Street, Porterville, CA 93257.
4. Authorization of Street Closure - Porter Road
Re: Consideration of request from the Porterville Military Academy to close Porter Road on Wednesday, October 25, 2023, from 5:00 PM to 9:00 PM in support of a planned school event.
City Council Agenda October 17, 2023
5. Approval of Community Civic Event - American Conservatory - Salute to the Troops Concert at the Mecca - November 11, 2023
Re: Consideration to approve the Community Civic Event Application from the American Conservatory to hold the "Salute to the Troops Concert at the Mecca" on November 11, 2023, from 12:00 PM to 2:00 AM, Sunday, November 12, 2023.
6. Status and Review of Local Drought Emergency
Re: Considering approval of the continuance of the Declaration of Local Emergency.
SCHEDULED MATTERS
7. Consideration of Appointment to the Library and Literacy Commission Re: Considering appointment of an individual to the Library and Literacy Commission.
8. Consideration of Appointments to the Parks & Leisure Services Commission Re: Considering the appointment of individuals to serve four-year terms on the Parks & Leisure Services Commission.
9. Consideration of a Resolution Authorizing the Porterville Fire Department Honor Guard to Attend Annual State and National Fallen Firefighters Memorials Re: Adopting a draft resolution authorizing the annual participation by Porterville Fire personnel at the Fallen Fire Fighters' Memorial.
10. Consideration of Potential Local Regulations Addressing Regulation of Camping and the Protection of Critical Infrastructure
Re: Discussion and consideration of potential local regulations concerning camping, the protection of critical public infrastructure, and public access to open spaces.
11. Media Sponsorship Proposal for 2023 Porterville Veterans Homecoming Day Parade Re: Considering approval of the City's media sponsorship of the 2023 Porterville Veterans Day Parade at an expense of $12,500.
12. 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.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.
1. Local Initiatives Navigation Center (LINC) Committee - October 4, 2023
2. Eastern Tule Groundwater Sustainability Act (ETGSA) Board - October 5, 2023
3. Tulare County Water Commission - October 9, 2023
4. Military Banner Ad Hoc Committee - October 10, 2023
5. CalVans Board - October 12, 2023
6. Tulare County Association of Governments Sustainable Corridor Committe - October 12, 2023
7. Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCAT) Board - October 16, 2023
City Council Agenda October 17, 2023
8. Tulare County Regional Transit Agency (TCRTA) Board - October 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 November 7, 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 – OCTOBER 17, 2023
SUBJECT: 1. Water Conservation Phase III Status Update - September 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 IV to Phase III of the City's Water Conservation Plan as of June 1, 2023. 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 June 1, 2023, the City transitioned to Phase III of its Water Conservation Plan. The Phase III plan extends 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 on 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.
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 September 2023 show that thirty-nine (39) notices of violations were issued for water wasting, and no administrative citations were issued.
Water production for September 2023 reflects an eleven percent (11%) decrease from the 5-year average. The monthly production for September was 348 million gallons, which is a thirty-three percent (33%) decrease compared to August 2013 at 521 million gallons. Residential consumption for September 2023 was 134 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 September 2015 through September 2023. Porterville's cumulative total production conservation through September 2023 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from September 2015 through September 2023. Porterville's cumulative total GPCD conservation through September 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 eleven (11%) decrease from September 2022 to September 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 III meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N-10-21.
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status September 2023
2. Monthly Production Status GPCD September 2023
3. Drought Response Phase III 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 September 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 September 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 III of its Drought Response Plan.
As part of the Phase III plan, the City has restricted watering days to two days 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 ON
MONDAYS, THURSDAYS,
AND FRIDAYS.
ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering days are Tuesday
and Saturday only.
EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering days are
Wednesday and Sunday only.
OR
Item No.
1. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: Authorization to Purchase Veterans Day Run Shirts SOURCE: Parks and Leisure Services
COMMENT: The Veterans Day Run takes place each year in Downtown Porterville on the recognized Veterans Day holiday. The event features a 5K run, 5K walk, and 10K run starting at 7:30 A.M. prior to the Veterans Day Parade. Race registration includes a long-sleeved race shirt, reusable tote, and a commemorative race bib. Participation in the event has significantly increased over the years, reaching a peak of 843 individuals registered in 2022. The race shirts have become a significant memento for the participants and serve as a lasting promotion of the event and, furthermore, the patriotism of the city of Porterville.
For comparison, staff requested quotes from three local businesses for the production of the 2023 Veterans Day race shirt. The specifications include a three-color front design and a single-color back design on a Sport-Tek® Long Sleeve PosiCharge® Competitor™ Tee in the quantity of at least 1,000 with graphic design services. The following quotes were consistent with the requirements of the specifications as detailed in the request:
Axiom Graphics: $12.00 per unit
On Point Graphics: $14.58 per unit
Glory Graphics: Non-responsive
The race registration fee is $25 for runners and walkers. The expenditure for the race shirts is recovered from the race registration fees and supplemented by community sponsorship. Axiom Graphics has produced the race shirts for the past several years.
RECOMMENDATION: That the City Council approve the purchase of the Veterans Day Run race shirts from Axiom Graphics at the price of $12.00 per unit.
ATTACHMENTS: 1. Axiom Graphics Quote
2. On Point Graphics Quote
Appropriated/Funded:
Item No.
1. Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Allow sender | Block sender
2023 Veteran's Day Run Shirt Quote
On Point Graphics <[email protected]>
Wed 8/30/2023 12:56 PM
To:Amy Graybehl <[email protected]>
Caution! This message was sent from outside your organization.
Hello Amy, thank you for stopping by ! We would be at $14.58 a shirt! Flyer also states graphic design services and I will gladly design the graphic for front and back for no charge. I do this as a "sponsorship" for my customers. My logo is just placed somewhere small in the artwork. We also provide 2 free 4x8 banners for the event! Please let me know if you received any lower quotes and I will gladly see what we can do ! Item No.
2. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: License Agreement Extension- Comision Honorifica Mexicana Americana, Inc.
SOURCE: Parks and Leisure Services
COMMENT: The mission of Comision Honorifica Mexicana Americana (CHMA), Inc. is to promote socio-economic welfare and preserve the cultural heritage of the Latino community. CHMA, a non-profit organization, entered into an initial ten (10) year License Agreement with the City on March 7, 2007, to utilize the City's former Community Center located at 466 East Putnam Avenue. The License Agreement granted CHMA exclusive use of the Center for conducting multi-cultural, community events, educational events, exhibits, workshops and classes. CHMA has hosted various classes and special events at the Center annually. As a community non-profit that is dependent on its fundraising activities, CHMA may, upon obtaining the property event permits and complying with all specified City policies, regulations, restrictions and requirements from the City, be allowed to also conduct fundraising and/or community enrichment activities at the property building, but not limited to certain special events, dinners and luncheons. Additionally, CHMA utilizes the facility for business and operational activities. The License Agreement was renewed in April 2017 for an additional ten (10) years.
CHMA submitted a request to the City to amend the current License Agreement to extend the term an additional twenty-five (25) years. CHMA requested this extension in order to have assurance that after investing in its anticipated capital improvement projects on the building, it would still be under the License Agreement for an extended period of time. The draft License Agreement was reviewed and is recommended by the Internal City Audit Committee.
RECOMMENDATION: That the City Council authorize the extension of the term of the License Agreement between the City of Porterville and Comision Honorifica Mexicana Americana, Inc. for twenty-five (25) years, ending September 30, 2048.
ATTACHMENTS: 1. Draft License Agreement
2. Locator Map
Appropriated/Funded:
Review By:
Item No.
2. Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No.
3. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: License Agreement Renewal- Porterville Kiwanis Club SOURCE: Parks and Leisure Services
COMMENT: The Porterville Kiwanis Club is a non-profit service club which has a primary purpose of service to and betterment of the local community by providing youth activities. The City entered into an agreement with the Porterville Kiwanis Club in December 2000. The Kiwanis have been meeting at 'The Kiwanis Hut' within Veterans Park on Newcomb Street just north of Morton Avenue since its inception. The license agreement is expired and due to be renewed.
After thorough review and at the recommendation of the Internal City Audit Committee, the draft Revocable License Agreement proposes a term of five years, at a cost of $1.00 per year. The parties may agree to extend the Agreement for an additional year, with the terms of said agreement to be reviewed and modified as the parties deem appropriate prior to renewal. The draft Agreement grants the Kiwanis the non-exclusive right and privilege to engage, use and employ the described real property together with appurtenances thereon for the purpose of carrying on and conducting as a community service for the benefit, enlightenment, amusement, recreation, education and advancement of the youth of the community, and as a meeting place for Kiwanis-sponsored youth organizations. As a community non-profit that is dependent on its fundraising activities, the Kiwanis may, upon obtaining the property event permits and complying with all specified City policies, regulations, restrictions and requirements from the City, be allowed to also conduct fundraising and/or community enrichment activities at the property building, but not limited to certain special events, dinners and luncheons.
RECOMMENDATION: That the City Council approve the draft Revocable License Agreement between the City of Porterville and the Porterville Kiwanis Club for a term of five years, with an optional one year extension, at a cost of $1.00 per year.
ATTACHMENTS: 1. Draft Revocable License Agreement
2. Locator Map
Appropriated/Funded:
Review By:
Item No.
3. Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No.
4. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: Authorization of Street Closure - Porter Road
SOURCE: City Manager's Office
COMMENT: The Porterville Unified School District's Porterville Military Academy has requested the temporary closure of Porter Road at Pioneer Avenue on Wednesday, October 25, 2023, from 5:00 P.M. to 9:00 P.M. in support of a planned "Trunk-or-Treat" school event. The street closure is requested to promote event traffic safety, and no event activities would occur in the closed roadway. Porter Road currently provides no local traffic circulation and exclusively serves the school site. City staff recommends that with the City Council's approval of the requested street closure, the Council direct City staff to locate and remove the City-owned traffic safety barriers in support of the street closure due to the proximity to State Route 65.
RECOMMENDATION: That the City Council:
1. Approve the request of the Porterville Military Academy to close Porter Road on Wednesday, October 25, 2025, from 5:00 P.M. to 9:00 P.M.; and
2. Direct City staff to locate and remove City-owned traffic safety barriers.
ATTACHMENTS: 1. Porterville Military Academy Request Letter - October 9, 2023
2. Locator Map
Appropriated/Funded:
Review By:
Department Director:
John Lollis, City Manager
Final Approver: John Lollis, City Manager
Item No.
5. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: Approval of Community Civic Event - American Conservatory - Salute to the Troops Concert at the Mecca - November 11, 2023
SOURCE: Finance
COMMENT: The American Conservatory is requesting approval to hold the "Salute to the Troops Concert at the Mecca" on Saturday, November 11, 2023, from 12:00 PM to 2:00 AM, Sunday, November 12, 2023. The American Conservatory is requesting the closure and use of the alley and the public parking lot behind the Mecca and the adjacent buildings to the south of the Mecca off of Second Street on Saturday, November 11, 2023, from 5:00 AM until 6:00 AM, Sunday, November 12, 2023. The event will feature live music, food vendors, games, and a beer garden in the parking lot behind the Mecca. An outside amplifier permit has been approved from 12:30 PM to 11:00 PM. The public parking lot behind the Mecca has been approved for closure and use after the Veterans Day Parade on Saturday, November 11, 2023, from 1:00 PM to 6:00 AM, Sunday, November 12, 2023. A 6-foot chain link fence will be required to enclose the entire outside event area to allow for the consumption of alcohol.
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. All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.
RECOMMENDATION: That the City Council approve the Community Civic Event Application from the American Conservatory to hold the "Salute to the Troops Concert at the Mecca" on November 11, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B and Exhibit C.
ATTACHMENTS: 1. CCE Application and Agrmt., Map, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, Certificate of Liability Insurance, and Applicant Letter.
Appropriated/Funded:
Review By:
Department Director:
Item No.
5. Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
Item No.
6. CITY COUNCIL AGENDA – OCTOBER 17, 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 October 3, 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 Item No.
6. Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a 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.
Item No.
6. (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 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.
On August 2, 2023, Council Member Meister was made aware of the lack of drinking water and apparent lack of occasional water availability in the Del Oro Water Company system in the Springville area. During the March 2023 floods, six of the twelve water systems wells were damaged, several of which were damaged beyond repair. City staff was contacted by the Office of State Senator Shannon Grove in regard to the City-County Well Agreement, which dictates that at the request of the State and County, the City shall provide 3,000,000 gallons of water per month for the purpose of meeting emergency water needs in County jurisdiction and shall not charge the State or County for the water.
Senator's Grove's Office has been coordinating with the State and Self-Help Enterprises in the potential placement of temporary tanks until Del Oro has completed its repair projects to sufficiently meet its customer demands.
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 Item No.
6. 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 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 Item No.
6. 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.
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.
Item No.
6. 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 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. At its meeting on August 2, 2022, the Council authorized $1,074,948 for the drilling phase of Well 34 (Akin). At its meeting on October 3, 2023, the Council accepted the drilling phase as complete, with the final construction cost of $865,402. The equipping phase is the next step in having this well online by the 2024 calendar year.
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 Item No.
6. 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. City-County Well Agreement - May 10, 2016
3. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021
4. State of California State of Emergency Proclamation: April 21, 2021
5. County of Tulare Drought Local Emergency Resolution:
April 27, 2021
6. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022
7. Governor Newsom Executive Order N-7-22: March 28,
2022
8. State Water Resources Control Board: Emergency
Regulation - Water Conservation; June 10, 2022
9. Governor Newsom Executive Order N-5-23: March 24,
2023
10. State Water Resources Control Board Funding Agreement:
Akin/Central Water Consolidation Project
Appropriated/Funded:
Review By:
Department Director:
John Lollis, City Manager
Item No.
6. 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
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ATTEST:
BY:
JASON T. BRITT
COUNTY ADMINISTRATIVE OFFICER/
CLERK, BOARD OF SUPERVISORS
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002
TO ADOPT AN EMERGENCY REGULATION
TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.
2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.
3. There is no guarantee that winter precipitation will alleviate the current drought conditions.
4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.
5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.
6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.
8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.
These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.
9. Enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.
10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.
11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.
13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.
2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.
6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.
AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.
Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.
3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).
4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.
5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.
7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.
9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.
10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.
12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
State of California
Office of Administrative Law
In re:
State Water Resources Control Board
NOTICE OF APPROVAL OF EMERGENCY
REGULATORY ACTION
Regulatory Action:
Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:
Repeal sections:
Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).
The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).
OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.
This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.
Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
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NOTICE REGULATIONS
AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)
1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE
3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
Re ulato tither `Action L_~
OAL USE ACTION ON PRppgSFD NOTICE
~~~Y HPP~oveaas
NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation
2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
_~cidi~a~al:_sF~eeh_6f~reeded.} __~_._ _--- ____ _._ ----_ ____ -- TITLE(S) REPEAL 23 3. TYPE OF FILING
Code
Regular
§11346)
Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
§11346.1(b))
Emergency (Gov. Code, ~
emergency
Resubmittal
filing
of disapproved
(Gov. Code,
or
§11346.1)
withdrawn o ocher {sPe~~~> Wafer Code Section 1058.5
4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)
5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)
6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)
7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179
8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.
SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022
TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board
ADOPTED EMERGENCY REGULATION TEXT
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article. 2. Prevention of Drought Wasteful Water Uses
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.
Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.
Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 105$.5, Water Code.
References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350
3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.
2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.
3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.
4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.
5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.
6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3
7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.
8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.
9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:
To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the
AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.
PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
3pg18xi20
1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• Exhibit A – Scope of Work and Schedule
• Exhibit B – Specific Funding Provisions
• Exhibit C – GENERAL TERMS AND CONDITIONS 2019-NOV
• Exhibit D – Special Conditions
2. The following documents are also incorporated by reference:
• the Drinking Water System Permit No. 03-12-06P-004;
• the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/davisbacon/2020_ dwsrf_governmental_entities.pdf
3. Party Contacts during the term of this Agreement are:
State Water Board City of Porterville
Section: Division of Financial Assistance
Name: Pete Stamas, Project Manager Name: Monte Reyes, Mayor Address: 1001 I Street, 16th Floor Address: 291 North Main Street City, State,
Zip:
Sacramento, CA 95814 City, State, Zip: Porterville, CA 93257 Phone: (916) 552-9983 Phone: (559) 782-7499
Fax: Fax:
Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.
4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement. (b) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(c) The Recipient must deliver to the Division a resolution certifying that its decision-making body reviewed and considered the Mitigated Negative Declaration filed by the State Water Board for the Akin Water Company Water Supply Project together with the Mitigation Monitoring and Reporting Program and reached its own conclusions on whether and how to approve the Project, pursuant to Section 15050 (b) of the CEQA Guidelines.
5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
3pg18xi20
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1. PROJECT PURPOSE AND DESCRIPTION.
The Project is for the benefit of the Recipient and has a Useful Life of at least 40 years. The funding under this Agreement shall be used to provide the residents of two small disadvantaged communities currently served by Akin Water Company (Akin WC) and Central Mutual Water Company (Central MWC) with a sustainable source of safe drinking water.
A.2. SCOPE OF WORK.
The Recipient agrees to do the following: consolidate with Akin WC and Central MWC. Recipient also agrees to construct a new production well, estimated to produce between 1,300 and 1,800 gallons per minute, to provide the needed source capacity for the consolidation of Akin WC, the consolidation of Central MWC, as well as satisfy the remainder of East Porterville residents’ capacity needs.
The Recipient agrees to do the following for the Akin WC service area: construct approximately 1,500 feet of 8-inch waterline to provide water service to each customer currently served by Akin WC; install approximately three new fire hydrants and twenty-six new service laterals and meters; and destroy Akin WC’s two existing wells.
The Recipient agrees to do the following for the Central MWC service area: construct approximately 1,400 feet of 6-inch waterline to provide water service to each customer currently served by Central MWC; install approximately four new fire hydrants and thirty-four new service laterals and meters; and destroy Central MWC’s existing well.
Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.
A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.
Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
must complete and submit all work in time to be approved by the Division prior to the Project Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.
ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE
ESTIMATED DUE
DATE
EXHIBIT A – SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION
1. Final Plans and Specifications September 1, 2021
2. Final Budget Approval Package February 1, 2022
3. Completion of Construction October 1, 2023
B. REPORTS
1. Progress Reports Quarterly
2. Final Inspection and Certification October 1, 2023
3. Project Completion Report December 1, 2023
4 As Needed Reports TBD
EXHIBIT B – REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS
1. Reimbursement Requests Quarterly
2. Final Reimbursement Request April 1, 2024
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.
A.5 PROGRESS REPORTS.
The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements; 3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
A.6 SPECIAL REPORTS.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply.
A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.
Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.
The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.
B.2 RECIPIENT CONTRIBUTIONS.
(a) The loan component of this Agreement is forgiven. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is Zero dollars and no cents ($0.00). (b) The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect the recovered funds.
B.3 VERIFIABLE DATA.
Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.
B.4 BUDGET COSTS
Budget costs are contained in the Summary Project Cost Table below:
LINE ITEM TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT
Construction $3,194,720 $3,194,720
Pre-Purchased Material/Equipment $0 $0
Purchase of Land $0 $0
Contingency $638,944 $638,944
Allowances (Soft Costs) $954,000 $954,000
TOTAL $4,787,664 $4,787,664
The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.
The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.
Reasonable indirect costs may be allowable upon approval by the Division.
B.5 LINE ITEM ADJUSTMENTS.
Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.
Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.
B.6 REIMBURSEMENT PROCEDURE.
(a) Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:
1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred costs as specified below through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.
2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.
3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.
4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed.
Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.
5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.
6. The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.
7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (b) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(c) Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after this the Division has approved the final budget form submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.
B.7 REVERTING FUNDS AND DISENCUMBRANCE.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
1. Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date
2. Each capitalized term used in this Agreement has the following meaning:
• "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. • "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
• "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
• “District Office” means District Office of the Division of Drinking Water of the State Water Board. • “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. • “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
• “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. • “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
b) Failure to operate the System or the Project without the Division’s approval; • “Final Budget Approval” means the Division-approved final budget for the Project, as set forth in Exhibit B. • “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
• "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. • “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. • “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
• “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Porterville, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. • “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.
3. Acknowledgements.
The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
5. [RESERVED]
6. [RESERVED].
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
7. Environmental/Technical Special Conditions
Technical:
1. The Recipient shall submit its professional engineering services contract to the Division prior to disbursement of funds for costs incurred under such contract.
2. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division of Drinking Water Tulare District Office Engineer and the Project Manager.
3. The Recipient must submit final consolidation agreements with Akin WC and Central MWC, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for any Project Costs under the Agreement.
4. Upon completion of the Project the Recipient shall submit a water supply permit amendment request for review to the Division of Drinking Water Tulare District Office.
Environmental:
1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Mitigation Monitoring and Reporting Program adopted by the State Water Board on June 16, 2016 for the Project. The Recipient shall implement all mitigation measures therein. b. The letter dated February 12, 2020, from Patricia Cole of the United States Fish and Wildlife Service, San Joaquin Valley Division to Douglas E. Eberhardt of the United States Environmental Protection Agency, including, but not limited to, the following:
i. Implement Avoidance and Minimization Measures and Best Management Practices prior to and during construction activities to minimize and avoid effects to the San Joaquin kit fox.
c. The Mitigation Monitoring and Reporting Program adopted by the City of Porterville on April 21, 2020 for the Central Mutual Water Company Consolidation Project. The Recipient shall implement all mitigation measures therein.
2. In the Recipient’s Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.
3. In the Recipient’s Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.
8. [RESERVED].
9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.
10. [RESERVED].
11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
12. [RESERVED].
13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.
14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.
15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
xx. The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption.
xxi. [RESERVED].
16. Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.
17. State Cross-Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
a) The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. b) Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c) Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d) Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. e) Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f) Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
g) Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h) Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i) Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j) Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k) The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.
18. Financial Management Systems. The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient is bound by, and must comply with, the provisions and requirements of the federal Single Audit Act of 1984 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.
19. Access and Inspection. In addition to the obligations set forth in section 2 of the General Terms and Conditions incorporated in Exhibit C of this Agreement, the Recipient must ensure that the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during the term of the Agreement.
20. Fraud, Waste, and Abuse. The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to reimbursement requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder.
21. Disputes. The Recipient must continue with the responsibilities under this Agreement during any dispute.
The Recipient may, in writing, appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.
This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.
22. Additional Representations and Warranties. The Recipient makes the following representations and warranties:
a. [RESERVED].
b. The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application, a material fact that makes the statements in its application not misleading.
c. The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.
d. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the Cover Page.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
e. Except as set forth in this paragraph, there are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project.
f. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.
g. The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. h. Any financial statements or other financial documentation of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.
i. The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
j. The Recipient has no conflicting or material obligations, except as set forth in this paragraph. k. The Recipient legally possesses all real property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least to the Records Retention End Date of this Agreement, except as set forth in this paragraph. l. The Recipient and its principals, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized.
m. The Recipient possesses all water rights necessary for this Project.
23. Federal SRF Requirements. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions for the Useful Life of the Project:
a. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 2 of this Agreement in all construction contracts and subcontracts.
c. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
d. The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/ogd.
e. No Recipient may receive funding under this Agreement unless it has provided its DUNS number to the State Water Board.
f. [RESERVED]
g. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR.
h. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
i. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement.
j. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
k. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A.
l. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. m. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing.
n. The Recipient certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board.
iii. The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks disbursements under this Agreement.
o. The Recipient must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
p. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
q. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises as set forth in this Agreement. r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. u. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
v. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. w. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. x. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
y. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
z. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
aa. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).
Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. bb. The Recipient certifies that no Project Funds will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or
iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.
Item No.
7. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: Consideration of Appointment to the Library and Literacy Commission SOURCE: Administrative Services
COMMENT: On September 14, 2023, Commissioner Patience Christenson tendered her resignation from the Library and Literacy Commission, thereby creating a vacancy with a term set to expire on October 24, 2024.
Staff has since advertised the vacancy and solicited applications from interested individuals. One Request for Appointment was received from Irene Ortega, which is herein provided for the City Council's consideration. City staff has confirmed the applicant resides within city limits and therefore meets the eligibility requirements.
RECOMMENDATION: That the City Council consider the appointment of Irene Ortega to the Library and Literacy Commission for a term set to expire October 24, 2024.
ATTACHMENTS: 1. Request for Appointment: Irene Ortega
Appropriated/Funded: MB
Review By:
Department Director:
Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Item No.
8. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: Consideration of Appointments to the Parks & Leisure Services Commission SOURCE: Administrative Services
COMMENT:
The Parks & Leisure Services Commission currently has three vacancies due to the terms of three of its Commissioners expiring in October 2023 - Tom Fiormonti, Jason Gurrola and Arlene Pena. Commissioner Fiormonti has advised that he will no longer continue to serve. Commissioners Gurrola and Pena are seeking reappointment at this time, and their Requests for Appointment are provided herein for the City Council's consideration.
In addition, Porterville Unified School District directly appoints an Ex-Officio Commission seat which is currently held by Jason Pommier. Jason Pommier's term is also expiring, and staff has been advised that he has been reappointed to another four-year term by the District.
Staff will continue to advertise and solicit applications from interested individuals for the remaining vacancy.
RECOMMENDATION: That the City Council re-appoint Jason Gurrola and Arlene Pena to the Parks & Leisure Services Commission to serve four-year terms to expire in October 2027; and direct staff to continue to advertise the remaining vacancy.
ATTACHMENTS: 1. Request for Appointment: Jason Gurrola
2. Request for Appointment: Arlene Pena
Appropriated/Funded:
Review By:
Department Director:
Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
CITY OF PORTERVILLE
REQUEST FOR APPOINTMENT
Please complete all blanks.
Name: ______________________________________________________________________ (Please Print)
Appointment to: ______________________________________________________________ (Name of Board, Commission, or Committee)
□ Reappointment; or IF NEW, Please provide:
Street Address: _ _____________________________
_____________________________________________
Mailing Address: _____________________________________________ _____________________________________________
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Business Address: _____________________________________________ _____________________________________________
Telephone: Home ___ ______________________
Work ____________________________________
FAX ____________________________________
E-mail ____________________________________
City of Porterville Resident: Select District: Registered Voter:
□ Yes □ 1 □ 2 □ 3 □ Yes
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Qualifications: (It is recommended that a resume or letter accompany this form.) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Please tell us why you are interested in this position. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ □ Resume attached □ Letter of request attached
Submitted By: ____________________________________ ________________________ Date
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Item No.
9. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: Consideration of a Resolution Authorizing the Porterville Fire Department Honor Guard to Attend Annual State and National Fallen Firefighters Memorials
SOURCE: City Manager's Office
COMMENT: At its meeting on October 3, 2023, the City Council acted to consider as a Scheduled Matter a draft Resolution to authorize the Porterville Fire Department Honor Guard to attend both state and national annual fallen firefighter memorials in continuing honor of Porterville Fire Captain Ramon Figuero and Firefighter Patrick Jones. There is an annual California Firefighters Memorial in Sacramento, an annual National Fallen Firefighters Memorial in Emmitsburg, Maryland, as well as an annual Fallen Fire Fighter Memorial in Colorado Springs, Colorado. The attached draft Resolution would authorize the travel and attendance of the Porterville Fire Department Honor Guard at these annual memorial events.
RECOMMENDATION: That the City Council consider for adoption the draft Resolution authorizing the Porterville Fire Department Honor Guard to attend both state and national fallen firefighter memorials.
ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
John Lollis, City Manager
Final Approver: John Lollis, City Manager
RESOLUTION NO. ___-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
AUTHORIZING SUPPORT FOR THE TRAVEL AND ATTENDANCE OF THE
PORTERVILLE FIRE DEPARTMENT HONOR GUARD
TO ATTEND ANNUAL STATE AND NATIONAL FALLEN FIREFIGHTER MEMORIALS
WHEREAS, the City of Porterville and the Porterville Fire Department experienced an unspeakable tragedy in the loss of Fire Captain Ramon Figueroa and Firefighter Patrick Jones in the catastrophic Porterville Library Fire on February 18, 2020; and WHEREAS, the City of Porterville is committed to the continued honor and memory of Captain Figueroa and Firefighter Jones and their ultimate sacrifice in service to the Porterville community; and
WHEREAS, there are both annual state and national fallen firefighter memorials that have recognized Captain Figueroa and Firefighter Jones that have been supported by the Porterville Fire Department Honor Guard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville hereby authorizes the travel and attendance of the Porterville Fire Department Honor Guard to both state and national fallen firefighter memorials.
PASSED, APPROVED AND ADOPTED this ____ day of October, 2023. ____________________________________
Martha A. Flores, Mayor
ATTEST:
John Lollis, City Clerk
By: ______________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No.
10. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: Consideration of Potential Local Regulations Addressing Regulation of Camping and the Protection of Critical Infrastructure
SOURCE: City Attorney
COMMENT: The population of individuals experiencing homelessness in the state of California has increased exponentially in the past five years, and the city of Porterville as well as the regional area have experienced the impacts of these increases along with the rest of the state. Cities and Counties are looking at ways to better address the effects of this crisis, on both the housed and the unhoused residents, and have taken a variety of legal and policy approaches in an effort to better address the health, safety and welfare of their entire communities. These approaches generally include the development of additional resources and shelter opportunities for the unhoused, along with the adoption of regulatory restrictions with an aim to protect critical infrastructure, wildfire risk areas, and other sensitive areas from damage or the threat of damage due to fire, flooding, and other potential causes of destruction; and regulations balancing access of the entire community to public open spaces.
The City of Porterville has undertaken several projects in its effort to mitigate the effects of the crisis, including the development of the Porterville Navigation Center and the operation of the overnight shelter located at the Porterville Army National Guard Armory, as well as the development of permanent supportive housing for those who have experienced homelessness. These projects help to provide needed resources to the city’s unhoused population.
This Office recommends that the Council consider whether it wishes to adopt regulations in order to better protect the City’s infrastructure, and whether it wishes to adopt additional camping restrictions in light of better shelter availability. Over the past few years, the City's Fire Department has had to respond to several fires set in areas where encampments have been present.
Additionally, last year’s historical rainfall caused serious flood risks and hazards along the Tule River and other waterways and channels. The City's Public Works Department crews worked diligently to clear items and debris left by individuals from those waterways, and to shore up and repair damage to the river embankments caused by a variety of factors, including camping.
LEGAL FRAMEWORK AND RESTRICTIONS
Approximately five years ago, the 9th Circuit Court of Appeals issued its Item No.
10. decision in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031, superseded by Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584. In that case, the Court reviewed two separate City ordinances – one that prohibited the use of any streets, sidewalks, parks, or public places as a camping place at any time, and a second ordinance that prohibited the occupation, lodging, or sleeping in any building, structure or public place, whether private or public, without the owner’s permission. The Court, in reading the two ordinances together, found that the City had completely criminalized sleeping outside on public property.
The Court also found that the City did not have available sheltering due to current shelters being at full capacity, or there being impracticable limits, policies, or religious mandates. The Court held that criminalizing sleeping on public property throughout the city, with no shelter available, was prohibited and in violation of the Eighth Amendment (cruel and unusual punishment clause), because the City was prohibiting actions or conditions that were “universal and unavoidable consequences or being human.” (Id. at 1048). The 9th Circuit, in making the ruling, also expressly found that its ruling was NOT stating that cities could never criminalize the act of sleeping outdoors, and the Court also stated that an ordinance that prohibited the obstruction of public rights of way, or prohibited the erection of certain structures, could be allowable.
While the 9th Circuit attempted to provide an extremely narrow ruling, it also left a lot of substantial open questions. The Court did not provide for the specific circumstances where the available sheltering would be considered to be inadequate, what it meant for sheltering to be “practically available,” or whether shelter could be available in a nearby city. Since the issuance of the decision, there have only been seven lower district court cases in the 9th Circuit further interpreting the decision. Many of those cases did provide some helpful clarifications and solidified that public agencies may remove encampments from specific areas of public property without running afoul of the Eighth Amendment (as defined by the 9th Circuit). The subsequent cases also clarified that agencies could undertake temporary encampment closures, could evict individuals from particular places, and could prohibit camping in a particular park without a permit (if sleeping was allowed in some other public place(s)).
Finally, in Johnson v. City of Grants Pass (9th Cir. 2022) 50 F.4th 787, the 9th Circuit looked at whether the City’s four core ordinances, when taken together, violated the Eighth Amendment. The court found that the ordinances (which included regulations that prohibited sleeping in public places with the use of any material used for bedding purposes) in their totality did not pass constitutional muster. The City is currently petitioning the U.S. Supreme Court for review, with a lot of support from other major metropolitan jurisdictions.
LOCAL REGULATORY APPROACHES
California cities have taken a variety of regulatory approaches. The following are some examples.
Item No.
10. ATASCADERO. The City of Atascadero, which originally had in place a ban on camping on any public land within the City (dating back to 2013), just adopted comprehensive revisions that now prohibit camping within five hundred (500) feet of government buildings, certain parks, underpasses and riverbanks. The regulations contain a general prohibition with regard to camping, except as otherwise provided within the ordinance. Prior to directing any individual to remove camp facilities (or prior to the city removing those facilities), the City must offer information concerning available housing or shelter, and other services that are believed to be relevant to that individual. The ordinance then defines as an exception to the camping prohibition, individuals who are “camping by necessity” and who are following the time, place and manner restrictions the City has imposed. Those restrictions provide that camp facilities shall not be erected or maintained between the hours of 7:00 a.m. to 8:00 p.m. (unless during stormy weather), shall not obstruct streets, sidewalks, park playgrounds, etc., shall not exceed a size of one hundred (100) square feet (10 x 10), and shall not excavate/alter the ground or infrastructure. Finally, there is a list of specific areas contained within the ordinance where camping is prohibited, unless the City posts signs designating permissible camping locations as part of a City-established overnight sleeping program. Atascadero additionally references that it will continue to “respond compassionately with a multi-disciplinary team” in an effort to connect its unhoused population with housing and other needed services, and during the City Council meeting where the proposed regulations were discussed and approved, staff represented to the Council that the updated ordinance would mainly serve as a tool for dealing with large, uncooperative public encampments. Attached to this report is the staff report and ordinance from Atascadero’s October 10, 2023, City Council Meeting.
ELK GROVE. The City of Elk Grove adopted its regulations in July 2022. Its regulations prohibit camping within five hundred (500) feet of schools, day care centers, playgrounds or youth centers, prohibit occupying a camping area of greater than 150 sq. ft., and prohibit four or more people from camping together (defined to be an “encampment.”) The ordinance allows for the temporary seizure of personal property, with seventy-two (72) hours-notice, as a penalty for violation of the camping restrictions along with other remedies for violations. In reviewing the City’s online list of available resources related to the unhoused community in ElK Grove, it appears that the City does not have an available shelter, but that there is some transitional housing and a navigation center. The City’s ordinance is attached to this report.
SANTA CRUZ. The City of Santa Cruz has taken a different approach than the Cities described above. In 2021, the City adopted its “Camping Services and Standards Ordinance,” as a way to better balance the community’s health, safety and environmental concerns to ensure shared access by the community to the City’s parks and open spaces. This ordinance requires the City's creation and operation of a safe sleeping program with a minimum of 150 sleeping Item No.
10. spaces for overnight use and requires the operation of an unsheltered person’s storage program for personal items. In conjunction with those requirements, the City then prohibits daytime camping once the storage program is operational (or if there is a 24/7 shelter available) and prohibits nighttime camping when alternative sleeping locations are available, including shelters and Citysanctioned safe sleeping locations. With regard to enforcement, the City focuses more on outreach, education and voluntary compliance, but criminal citations are permitted. At around the same time these proposed regulations were considered by the City Council, the City also authorized Request for Qualifications for outside organizations to operate daytime storage facilities, safe nighttime sleeping facilities, and/or managed encampment facilities. The City's ordinance is attached to this report.
SACRAMENTO. The City of Sacramento, with an unhoused population of approximately 10,000 people, has been at the forefront in the development of regulations balancing the requirements set forth in the federal cases interpreting the Boise decision, the needs of the community, and the protection of critical public infrastructure. In 2019, the City dealt with over 1000 fires associated with encampments occupied by individuals experiencing homelessness, damage to various utilities including the City’s water treatment plant, and encampment related damage to levees. As a result, in 2020, the City adopted an ordinance that prohibits camping and storing property 1) on or within twenty-five (25) feet of “critical infrastructure,” 2) on portions of public right of way that must by law remain free from obstruction for first responders, 3) within “hollow sidewalks,” and 4) in wildfire risk areas. “Critical infrastructure” is defined as levees and any other real property or facility that the city manager designates and that the City Council approves by resolution, “as being so vital and integral to the operation of functioning of the city that is damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.” (See Sac. City Code, Section 8.140.020.) The City has thus far designated as “critical infrastructure” certain facilities that house vulnerable populations, government operations, utilities, healthcare providers, public safety and transportation infrastructure, and public gathering spaces.
Additionally, in 2022, the City put in place (after approval from the voters) an initiative ordinance that provided that once there was a certain level of available shelter spaces, a person could be cited for unlawful camping on public property if a shelter space was available and offered, but the offer is rejected and the person refuses to relocate. This ordinance also made it unlawful in an encampment (four or more persons camping together or within fifty (50) feet of each other) to camp, occupy camp facilities, etc. These most recent camping regulations were adopted along with a self-imposed requirement for 1) the City to identify and authorize a certain number (%) of new emergency shelter spaces and require the creation of additional spaces if warranted in light of utilization rates; 2) the creation of a right of nuisance abatement action against the City; and 3) a City funding requirement prioritizing external sources, and if insufficient requiring the allocation of unobligated General Fund Revenues (not Item No.
10. to exceed $5 million dollars). Borrowing from the City's regulations, please find attached sample provisions related to critical infrastructure and camping, along with the City's most recent staff report and resolution determining the specific protected “critical infrastructure.”Given the crisis Sacramento has faced, it has set up a stand alone City Department (the Department of Community Response), and it contracts to fund twelve (12) shelter programs (1,214 units of shelter, transitional housing, and safe ground/respite on any given night) in addition to other more specialized programs. Additionally, the City has a 5-year partnership agreement and a “Collaboration Protocol” with the County of Sacramento.
CONCLUSION
There are pros and cons associated with each of the aforementioned approaches, and each City has different priorities, areas of focus and concern, and of course varying levels of available outside funding and resources. This Office recommends that the City Council discuss the priorities, the facilities and property that the City believes needs to be protected, and the issues related to the community's access to open spaces, and provide direction concerning the development of regulations that address camping and the protection of critical public infrastructure.
RECOMMENDATION: That the City Council discuss the priorities, the facilities and property that the Council believes needs to be protected, and provide direction to the City Attorney concerning the
development of regulations that address camping, the protection of critical public infrastructure and public access to open spaces.
ATTACHMENTS: 1. Sample Camping Restriction Ordinance
2. Sample Critical Infrastructure Ordinance
3. City of Atascadero
4. City of Elk Grove
5. City of Santa Cruz
6. City of Sacramento
Appropriated/Funded:
Review By:
Department Director:
Julia Lew, City Attorney
Final Approver: John Lollis, City Manager
Chapter _______ CAMPING
• Purpose.
• Definitions.
• Unlawful camping.
• Storage of personal property on public and private property. • Permit for special events required.
• Posting copy of permit.
• Power of the city manager to make rules and regulations. • Current ordinance provisions.
___________ Purpose.
The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas.
Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the city. The purpose of this chapter is to maintain streets, parks and other public and private areas within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.
________________ Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
“Camp” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
“Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
“Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment. “City manager” means the city manager or designee.
“Establish” means setting up or moving equipment, supplies or materials on to public or private property to “camp” or operate camp facilities. “Maintain” means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. “Operate” means participating or assisting in establishing or maintaining a camp or camp facility.
“Park” means and includes all parks, parkways, medians, pedestrian malls, plazas, greenbelts, gardens, lakes, and any other property owned or controlled by the city, including structures thereon and off-street parking areas that are used in connection therewith, that are operated or maintained for passive or active recreational purposes.
The term “park” also includes any property owned or controlled by the city as open space, including undeveloped sites for future parks. The term “park” does not include the City Hall facility
“Private property” means all private property including, but not limited to, streets, sidewalk, alleys, and improved or unimproved land.
“Public property” means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
“Street” means a street, alley, way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Street” includes highway, as that term is defined in the California Vehicle Code. ____________ Unlawful camping.
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
A. Any public property; or
B. Any private property.
1. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night.
2. Nothing in this chapter is intended to prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Planning and Development Code or other laws, ordinances and regulations.
3. The city manager may, as provided in Section _________ of this chapter, issue a temporary permit to allow camping on public or private property in connection with a special event.
A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter.
________________Unlawful camping enforcement.
Section _________ (unlawful camping) may not be enforced against any individual on public property unless and until all the following have occurred:
A. The city manager has determined that an emergency shelter space for the individual is currently available;
B. The city manager has offered the individual an emergency shelter space; and C. The individual has rejected the city’s offer of an emergency shelter space and refuses to move from the public property.
________________Unlawful encampments.
A. It is unlawful and a public nuisance for any person to do the following in an encampment located on any public or private property:
1. Camp, occupy camp facilities, or use camp paraphernalia; or
2. Accumulate or fail to properly dispose of waste including, but not limited to, hazardous waste, human waste, garbage, debris, and used needles.
B. This section does not prohibit encampments on private residential property by friends or family of the property owner, so long as the owner consents and the encampment is limited to not more than one consecutive night.
C. This section does not prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful or authorized use of the private property for residential or other purposes; and provided further, this section does not prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Development Code or other laws, ordinances, and regulations.
D. The city manager may, in his or her discretion, issue a permit to establish, maintain, and operate an encampment in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the city, youth or school events, marathons or other sporting events, and scouting activities. The city manager may consult with various city departments and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding issuance denial, or conditioning of the permit. A reasonable fee, to be set by the city council shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the city manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the areas or tract of land upon which the proposed temporary camp or camp facility is to be located.
E. Notwithstanding the provisions of Section ______, subsection A of this section may be enforced to prohibit encampments on public or private property without regard to the provisions of section _____.
F. A violation of this section is a misdemeanor. In addition to remedies set forth in California Penal Code 370 and in Sections 1-9 and Chapter 2 of this Code, the city attorney may institute civil actions to abate a public nuisance under this chapter.
________________ Storage of personal property on public and private property.
It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
A. Any public property; or
B. Any private property without the written consent of the owner.
A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370 the city attorney may institute civil actions to abate a public nuisance under this chapter.
______________ Permit for special events required.
The city manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the city, youth or school events, marathons or other sporting events and scouting activities. The city manager may consult with various city departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the city council shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the city manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.
Any person who establishes, maintains or operates a camp or camp facility without a permit is guilty of a misdemeanor and constitutes a public nuisance. In addition to remedies provided in Penal Code Section 370 the city attorney may institute civil actions to abate a public nuisance under this chapter.
_______________ Posting copy of permit.
It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the city manager in accordance with the provisions of Section ________ of this chapter.
_______________ Power of the city manager to make rules and regulations.
The city manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The city manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the city manager shall issue any permit under the terms of Section _________ of this chapter, the same may be revoked at any time thereafter by the city manager if the city manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.
____________ Current ordinance provisions.
Neither the adoption of the ordinance codified in this chapter nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.
Chapter ______ PROTECTION OF
CRITICAL INFRASTRUCTURE AND
WILDFIRE RISK AREAS
• Findings and purpose.
• Definitions.
• Prohibited activities.
• Summary abatement.
• Interference with summary abatement.
• Violation—Penalty.
___________ Findings and purpose.
The City Council finds as follows: (1) a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; (2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
The purpose of this chapter to mitigate the threat of fire and other potential causes of destruction and damage to and interference with, critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure. ____________ Definitions.
When used in this chapter, the following words and phrases have the following meanings:
“Camp” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
“Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
“Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment. “Critical infrastructure” means each of the following:
1. Levees; or
2. Real property or a facility, whether privately or publicly owned, as approved by resolution of the city council, that the city manager designates as being so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.
Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.
“Debris” means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar material. “Facility” means a building, structure, equipment, system, or asset. “Fire prevention official” means the fire chief, a deputy fire chief, the fire marshal, or a fire prevention officer.
“Garbage” means discarded nonputrescible or putrescible household items, objects, or materials for which there is no use or reuse intended. Garbage does not include source-separated recyclables, food waste, or yard waste. “Garden refuse” has the same meaning as yard waste.
“Hazardous waste” has the same meaning as in California Public Resources Code section 40141.
“Hollow sidewalk” means a sidewalk that has been determined to be a hollow sidewalk in “Raised Streets & Hollow Sidewalks” survey report of ___________, prepared by Page & Turnbull, Inc. for the City.
“Infectious waste” has the same meaning as in California Code of Regulations, title 14, section 17225.36.
“Solid waste” means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage; ashes; industrial waste; demolition and construction waste; discarded home and industrial appliances; abandoned vehicles and vehicle parts; dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste; manure; dirt; soil, rock, gravel, sand, or other aggregate material; and other discarded solid and semisolid waste; but not including recyclables, food waste, or yard waste.
“Wildfire risk area” has the same meaning as in California Code of Regulations, title 24, part 9, section 202.
_______________ Prohibited activities.
A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:
1. Critical infrastructure;
2. Within 25 feet of critical infrastructure;
3. Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire-prevention, or emergency-medical-services agencies;
5. Within a hollow sidewalk; or
6. Wildfire risk area.
B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:
1. Critical infrastructure;
2. Within 25 feet of critical infrastructure;
3. Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire-prevention, or emergency-medical-services agencies;
5. Within a hollow sidewalk; or
6. Wildfire risk area.
C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night.
D. Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by the Planning and Development Code or other laws, ordinances, and regulations.
_________________ Summary abatement.
A. Any violation of section _____________ may be abated by the city upon 24 hours of prior notice; but a violation of section ___________________ may be abated immediately by the city without prior notice, if the violation poses an imminent threat to public health or safety.
B. Abatement pursuant to subsection A may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.
C. Regardless of the city’s authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with local, state, and federal law; and is liable for violations thereof.
D. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Chapter 1 Section 1-10, Chapter 2 Section 2.152 and any other enforcement provisions provided for in this Code.
_______________ Interference with summary abatement.
No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of an abatement pursuant to this chapter.
_______________Violation—Penalty.
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1 Sections 1-9 and 1-10, and Chapter 2 Article XIV of this Code.
B. Violations of this chapter are hereby declared to be a public nuisance.
C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
D. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
AGENDA ITEM NO. 7.7
ORDINANCE NO. 16-2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE ADDING CHAPTER 9.38 TO THE ELK GROVE MUNICIPAL CODE
WHEREAS, the City Council recognizes that unlawful camping by unhoused persons, and the activities often attendant with unlawful camping, have created public health and safety problems within the City; and
WHEREAS, the City Council wishes to adopt an ordinance seeking to address unlawful camping in the City of Elk Grove.
NOW, THEREFORE, the City Council of the City of Elk Grove does hereby ordain as follows:
Section 1: Purpose and Findings
The purpose of this ordinance is to amend the Elk Grove Municipal Code to enact regulations to address unlawful camping and homelessness in the City. The City Council has authority to adopt this ordinance pursuant to California Constitution Article XI, Section 7.
In adopting this ordinance, the City Council makes the following findings:
A. There are currently approximately 150 unsheltered persons experiencing homelessness within the City.
B. The living conditions of persons experiencing homelessness in the City are unhealthy and unsafe, and negatively impact the health, safety, and welfare of City residents and the homeless community in the City.
C. According to Homelessness in Sacramento County (which documents the results from the 2019 Point-in-Time Count), 21 percent of unsheltered respondents reported having a severe psychiatric condition and 9 percent of respondents reported that their use of alcohol or drugs prevents them from keeping a job or maintaining stable housing.
D. Research indicates that nationally approximately one-third of individuals who are homeless experience alcohol and drug problems. (Gillis, Dickerson, & Hanson, 2010).
E. Homeless camping areas and encampments generate hazardous waste, including human waste, creating dangerous health conditions within the City. Such unsanitary conditions can lead to infestation of vermin and the spread of communicable diseases.
F. Some homeless persons in the City live in makeshift shelters on both private and public property, such as tents, tarps, non-permanent boarded structures, and other non-substantial temporary structures creating a public health and safety hazard.
G. The City’s police department and other City departments regularly receive calls for service related to homeless activities.
H. Criminal activity may be present in and near homeless camping areas or encampments, which creates potential victimization of all residents, housed and unhoused. The prevalence of substance abuse and mental health disorders can also lead to an increase in low-level offenses due to individuals being disconnected from support and housing opportunities.
1 I. The City is the owner of a Municipal Separate Storm Sewer System (MS4) that includes, without limitation, storm drains, detention basins, creeks, and channels; and is subject to the requirements of the Clean Water Act National Pollutant Discharge Elimination System (NPDES) Permit, which requires controls to reduce the discharge of pollutants in storm water from MS4s to the maximum extent practicable. Unlawful camping activity can lead to pollutants in runoff, and pollutants in runoff can threaten and adversely affect human health and aquatic organisms.
J. Unlawful camping can lead to damage to and/or hindrance of operation of public infrastructure in the City, creating a potential health and safety hazard.
K. Unlawful camping can have a deleterious impact on businesses, private property, and economic development within the City.
L. By this ordinance, the City Council seeks to implement enforcement efforts to address the health and safety concerns presented by unlawful camping and the homelessness issue in the City, while seeking to provide those experiencing homelessness with potentially available resources to ameliorate their condition.
Section 2: California Environmental Quality Act (CEQA)
Finding: Adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (California Public Resources Code, Sections 21000, et. seq., hereafter “CEQA”) pursuant to state CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15307, and 15308.
Evidence: CEQA requires analysis of government agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, §15378.) The proposed project includes discretionary amendments to the City’s Municipal Code and is a project under CEQA; but it is exempt from CEQA review as set forth below.
CEQA Guidelines section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in this ordinance does not approve any physical development project, and it would not result in a direct or indirect adverse physical changes in the environment.
Rather, this action is directed toward addressing homeless issues in the City, including improving conditions within the City through enforcement efforts.
Because the ordinance is aimed at improvement or restoration of the environment through enforcement efforts directed to improve public health and safety, adoption of the ordinance is also exempt from CEQA under CEQA Guidelines 15307 and 15308, as an action taken by the City to assure the maintenance, restoration, or enhancement of a natural resource and/or the environment.
Section 3: Action
Elk Grove Municipal Code Title 9 is hereby amended by the addition of Chapter 9.38 as shown in Exhibit A, incorporated herein by this reference. 2 Section 4: No Mandatory Duty of Care.
This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 5: Severability.
If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.
Section 6: Savings Clause
The provisions of this ordinance shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and effect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by said Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.
Section 7: Effective Date and Publication
This ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council and a certified copy shall be posted in the office of the City Clerk, pursuant to GC 36933(c)(1).
ORDINANCE: 16-2022
INTRODUCED: June 8, 2022
ADOPTED:
EFFECTIVE:
BOBBIE SINGH-ALLEN, MAYOR of the
CITY OF ELK GROVE
ATTEST: APPROVED AS TO FORM:
JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS,
CITY ATTORNEY
Date signed: ______________________
3 Exhibit A
Municipal Code Amendments
Additions are shown in underlined text).
Chapter 9.38 is added to the Elk Grove Municipal Code to read as follows:
Chapter 9.38
UNLAWFUL CAMPING
9.38.010 Definitions
9.38.020 Prohibitions
9.38.030 Temporary Seizure of Property
9.38.040 Administration
9.38.050 Violations
9.38.010 Definitions.
As used in this chapter, the following terms shall have the following meaning:
A. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers.
B. “Camp” or “camping” means to engage in any of the following activity at a single camping area within the City for a period longer than twenty-four (24) consecutive hours: place, pitch, or occupy camp facilities; live temporarily in a camp facility or camping area or outdoors; and/or to use camp paraphernalia.
C. “Camping area” includes the primary physical area of occupation of a single camping person.
D. “Camp facilities” includes, but is not limited to, tents, huts, vehicles, or temporary shelter.
E. “Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.
F. “City” means the City of Elk Grove, including its employees and agents.
G. “City manager” means the city manager of the City of Elk Grove or their designee.
H. “Encampment” means four (4) or more persons camping together within fifty (50) feet of each other and without permitted electrical power, permitted running water, and/or permitted bathroom facilities that serve that encampment.
I. “Housing support services” means housing support services intended to connect a person with temporary or permanent housing resources. 4 J. “Playground” means any recreational area specifically designed to be used by children which has play equipment installed, including, without limitation, public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city, county, or state parks.
K. “Public property” means any real property located in the City and owned in fee title, or its equivalent, by the City or any federal, state, or local government agency.
L. “Public facility” means any building, structure, or area enclosed by a fence located on public property, whether secured, unsecured, locked, unlocked, open, or enclosed.
M. “Private property” means any real property located in the City and owned in fee title, or its equivalent, by a private person or entity. The fact that private property may contain an easement, lien, or other interest less than fee title, or its equivalent, by a governmental or public agency does not negate the status of the property as private property.
N. “School” means the buildings and grounds of any public or private school used for the purposes of the education of children in kindergarten or any of the grades one (1) through twelve (12) inclusive.
O. “Sidewalk” means any area in the City provided for the use of pedestrians, including planting areas, driveway approaches or parking strips, between the public vehicular roadway and the edge of right-of-way bordering fronting or adjacent private property.
P. “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
9.38.020 Prohibitions.
A. It shall be unlawful and a violation of this chapter for any person or persons to do any of the following on any public property within the City:
1. Camp within 500 feet of the grounds of any day care center, school, playground, or youth center.
2. Occupy a camping area greater than 150 square feet measured from the center of the primary living area of the total camping area.
3. Occupy any encampment.
5 4. Fail to keep any camping area clean and free of garbage, debris, waste, including without limitation, hazardous waste and/or human waste.
5. Camp in any structure or structures that an authorized City official finds is unsafe for human occupation.
6. Break or damage any lock on any public facility in order to access the public facility, and/or to camp within a public facility.
7. Lock or otherwise impair or impede access of public employees or agents to any public facility.
8. Block, obstruct, or otherwise interfere with access to, a public facility, sidewalk, and/or other public right-of-way.
B. It shall be unlawful and a violation of this chapter for any person to camp on private property without the consent of the owner of the private property.
C. Notwithstanding the foregoing, it shall not be a violation of this section or this chapter for a person to camp on public or private property with the express permission of the owner of the property.
9.38.030 Temporary Seizure of Property.
A. Subject to section 9.38.050, any person who violates section 9.38.020 shall be subject to having their personal property temporarily seized by the City pursuant to this section.
B. Prior to any seizure of personal property pursuant to this section, the City shall provide the owner/possessor of the personal property not less than seventy-two (72) hours’ written notice, on a form prescribed by the City Manager. The written notice may be personally served on the owner of the personal property or posted at the location where the personal property is stored or located.
C. Upon seizure of any personal property pursuant to this section, the City shall provide the owner/possessor with a written receipt itemizing the personal property seized, advising that the personal property will be held by the City for not less than 90 days, that the owner/possessor of the seized property may retrieve such personal property within that 90-day period at an address provided on the receipt, during normal business hours, and that the City may destroy or otherwise dispose of that personal property if not reclaimed and retrieved by the owner/possessor within that 90-day period. Nothing herein shall require the City to store or maintain personal property that is determined by the City to present a health or safety hazard, is soiled by human waste or other contamination, is illegal, illegally possessed, and/or that is used or intended to be used in furtherance of illegal activity, including, without limitation, paraphernalia used or intended to be used for illegal drugs. 6 D. Following seizure of any personal property pursuant to this section, the City shall secure and store the personal property seized, at the City’s expense, for a period of not less than ninety (90) days. Such personal property shall be returned to the owner/possessor upon presentation of the receipt identified in subsection (C), or such other proof satisfactory to the City that person seeking return of the property is the owner or otherwise has a viable claim to reclaim the personal property. Any personal property not reclaimed within ninety (90) days of its seizure may be destroyed or disposed of by the City, in its discretion.
9.38.040 Administration.
The City Manager shall be authorized to administer the provisions of this chapter including, without limitation, developing all documentation and forms, and taking all actions reasonably necessary and consistent with this chapter, to administer the provisions of this chapter.
9.38.050 Violations.
A. Any person violating this chapter shall be subject to the following penalty.
1. Temporary seizure of personal property, as set forth at section 9.38.030.
2. Prior to the City pursuing the remedy set forth at subsection A.1., above, the City shall provide the violator, orally or in writing, with information about housing support services. Nothing in this section or this chapter shall require the City to provide housing to such violator.
B. Notwithstanding subsection A of this section:
1. Any violation of this chapter may be remedied by a civil action brought by the City Attorney.
2. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the City by any lawful means.
C. The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the City under the law.
D. Notwithstanding any other provision of this chapter or this Code, a person violating a provision of this chapter shall not be subject to any monetary fine or fines. 7 ORDINANCE NO. 2021-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 6.36 PREVIOUSLY ENTITLED “REGULATIONS FOR TEMPORARY OUTDOOR LIVING” AND HEREAFTER ENTITLED “CAMPING SERVICES AND STANDARDS” OF THE
SANTA CRUZ MUNICIPAL CODE
WHEREAS, the City of Santa Cruz is currently experiencing a large number of encampments in public spaces. With a sheltered population of only about 65,000 and an unhoused population likely exceeding 1,200, Santa Cruz has one of the highest per-capita populations of homeless individuals in the State of California and the United States.
WHEREAS, the City’s experience is that large, unsanctioned, long-term encampments are almost always associated with a host of major health and safety impacts, including: open and obvious drug use and related crimes, serious fire safety concerns, major impacts related to human and animal waste and accumulation of trash, vandalism, and related nuisance conditions. When longer term encampments within the City are vacated, it is common for City staff to observe extreme environmental degradation, and the City typically removes hypodermic needles, human and animal waste, and substantial amounts of trash and debris.
WHEREAS, when encampments remain for long periods, the costs of supporting hygiene services, refuse management, hypodermic needle disposal, increased calls for service, and property repair are substantial. Moreover, the environmental degradation caused by long term encampments is often substantial, and sometimes is irreparable.
WHEREAS, longer term encampments have the effect of essentially privatizing property that is intended for public use, as the greater community is no longer able to use public spaces that are used for round-the-clock encampments.
WHEREAS, during the COVID-19 pandemic, shelter capacity has significantly expanded within City limits. The City and County have partnered together to add shelter capacity within the City at the Veterans’ Hall, the Golflands, the Pavilion, and four motels within the City. Despite this expanded shelter capacity, many individuals remain unsheltered within the City limits.
WHEREAS, the City of Santa Cruz has been disproportionately impacted by encampments.
Unsheltered individuals living in encampments are present within the City’s limits at much higher rates than are present within neighboring jurisdictions. As the county seat, with county courts, jail, mental health services, and shelters all located here, the City of Santa Cruz has become a de facto hub of encampments within county, state, and country. The City’s experience is that a significant percentage of unsheltered individuals actually come to the City from other places with a plan to live outdoors on public property within the City, and the City’s experience is that this occurs even more once large encampments are established.
WHEREAS, the City’s experience is that much of the local housed community will only be accepting of sanctioned sleeping areas, managed encampments, and shelters in their communities if camping can be prohibited elsewhere in the City. Without a camping prohibition, the City is perceived ORDINANCE NO. 2021-12
2 as attracting even more unsheltered people to a highly desirable community without the ability to provide adequate services to them.
WHEREAS, unlike some larger cities within the state, the City of Santa Cruz generally does not receive significant funding from the state or federal government to provide housing, health, or other services to persons experiencing homelessness. Instead, the County of Santa Cruz serves as the conduit for various funds, some of which have been allocated through the countywide Homeless Action Partnership. The City has collaboratively partnered with the County in an effort to address homelessness both through and outside of the Homeless Action Partnership, the County’s Continuum of Care.
WHEREAS, the City is aware of the County’s position that funding received by the County is insufficient to address all homeless needs in the County.
WHEREAS, on top of the City’s general lack of funding for homeless services, due to the COVID-19 pandemic, for the 2020-2021 fiscal year, the City had a substantial budget shortfall that was addressed with several cost-cutting measures. The measures included layoffs, furloughing staff,, eliminating or freezing vacant positions, using reserves, and delaying several capital projects. The City also identified structural deficits affecting future fiscal years.
WHEREAS, the City has recently approved affordable and supportive housing projects which, if built, would add approximately 400 affordable units, approximately 180 of which will be supportive housing units, to the City’s inventory, and at least 60 deed-restricted, affordable units are currently under construction. However, these types of projects take years of work before they are occupied by residents, and even after the units are constructed, they will not add adequate housing capacity to shelter even the current number of unsheltered individuals in the City.
WHEREAS, the City intends to facilitate the creation of a homeless persons’ storage program, sanctioned safe nighttime sleeping locations, and managed encampments. With that said, the City is mindful that, at this time, it has neither the funds, the real estate, the legal mandate, nor the substance abuse/psychiatric expertise necessary to, in a more permanent way, house all of the City’s unsheltered population in addition to all of the individuals who, based on the City’s past experience, could reasonably be expected to move to Santa Cruz, if the City were to provide those services.
WHEREAS, the City must appropriately consider competing interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with limited resources.
WHEREAS, the City Council recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness.
WHEREAS, it is the purpose and intent of the City Council to establish standards for sheltering outdoors, which are intended to be as compatible as possible with the protection and preservation of health, safety, and welfare of the inhabitants of the City of Santa Cruz.
WHEREAS, this Chapter is intended to address issues such as fire risk, unsanitary conditions, public safety hazards, environmental degradation, and round-the-clock privatization of public property.
ORDINANCE NO. 2021-12
3 WHEREAS, mindful of the decision of United States Court of Appeals for the Ninth Circuit in Martin, et al., v. City of Boise (2019) 920 F. 3d 584, this ordinance conditions enforcement of prohibitions on overnight and daytime encampments on the availability of overnight shelter and daytime storage for homeless individuals.
WHEREAS, the City Council has evaluated the environmental effects of this municipal code chapter and ordinance and finds the chapter and the adoption of the ordinance to be exempt under Sections 15307 and 15308 of the Guidelines for the Implementation of the California Environmental Quality Act and under Section 15061(b)(3) of the California Code of Regulations.
WHEREAS, the City Council calls on the County, the State, and the Federal Government to expand shelter-capacity and very low income long-term housing options regionally, statewide, and nationally, and also to provide street outreach, case management, diversion, housing problem-solving, mental health support, and drug rehabilitation services to adequately address and solve homelessness.
WHEREAS, the City Council believes that sheltering outdoors should be done in a way that is temporary, respectful of neighbors and the environment, and not conducted in a way that creates a sustained privatization of public spaces.
WHEREAS, the Council previously adopted Chapter 6.36 “Regulations for Temporary Outdoor Living,” but also determined that the chapter needed to be substantially revised before implementation.
The purpose and intent of this ordinance is to repeal the “Regulations for Temporary Outdoor Living” (also known as the Temporary Outdoor Living Ordinance, or “the TOLO”) and replace Chapter 6.36 with this new “Camping Services and Standards” ordinance.
BE IT ORDAINED By the City of Santa Cruz as follows:
Section 1. Chapter 6.36 “Regulations for Temporary Outdoor Living” (also known as the Temporary Outdoor Living Ordinance, or the TOLO) is hereby repealed and replaced with the following Chapter
6.36, “Camping Services and Standards,” as follows:
“Chapter 6.36
CAMPING SERVICES AND STANDARDS
6.36.010 PURPOSE AND INTENT.
The purpose and intent of this Chapter is to provide standards for sheltering outdoors which: (i) are intended to be as compatible as possible with the protection and preservation of health, safety, and welfare of the inhabitants of the City of Santa Cruz, including homeless individuals; (ii) will address issues such as fire risk, unsanitary conditions, public safety hazards, environmental degradation, and round-the-clock privatization of public property that have been associated with longer-term encampments in the City; (iii) establish allowances for, and in some instances, minimum thresholds for provision of storage, managed encampments, and safe sleeping programs that will feasibly allow unsheltered individuals to engage in basic life sustaining activities without criminal citation; (iv) generally prohibit the establishment of unregulated encampments on public property during daytime hours, but only when there is an Available 24/7 Sanctioned Sheltering Location or Available Homeless Persons' Storage; and (v) generally prohibit the establishment of unregulated encampments on public ORDINANCE NO. 2021-12
4 property during nighttime hours, but only when there is an Available Overnight Sanctioned Sleeping Location or an Available 24/7 Sanctioned Sheltering Location.
6.36.020 DEFINITIONS.
When used in this chapter, the following words and phrases have the following meanings:
“Available 24/7 Sanctioned Sheltering Location” means a public or private facility, with available 24/7 space for an indigent, homeless individual to stay, at no charge. The term Available 24/7 Sanctioned Sheltering Location includes a shelter, a managed encampment, and/or a hotel/motel voucher. The term Available 24/7 Sanctioned Sheltering Location does not include the following: (a) Shelter space where an individual cannot stay because the individual has exceeded a shelter’s maximum stay rule or because shelter is unavailable due to the individual’s gender; (b) Shelter space that cannot reasonably accommodate the individual’s mental or physical needs or disabilities; (c) Shelter space that does not permit a minor child to be housed in the same facility with at least one parent or legal guardian, assuming the individuals seeking such shelter are at least one parent or legal guardian with a minor child; (d) Shelter space for which an individual is required to attend or participate in religious activities or programs as a condition of utilizing the shelter space. “Available Homeless Persons' Storage” means a public or private facility, with available daytime and nighttime space for an indigent, homeless individual to, free of charge, store a reasonable quantity of Personal Effects and/or survival items, such as tents, sleeping bags, tarps, and blankets. “Available Overnight Sanctioned Sleeping Location” means a public or private facility, with available overnight space for an indigent, homeless individual to stay, at no charge. The term Available Overnight Sanctioned Sleeping Location includes a shelter, a managed encampment, a managed safe sleeping zone for overnight tent encampments, and/or a hotel/motel voucher. The term Available Overnight Sanctioned Sleeping Location does not include the following: (a) an overnight sanctioned sleeping location space where an individual cannot stay because the individual has exceeded a location’s maximum stay rule or because location is unavailable due to the individual’s gender; (b) an overnight sanctioned sleeping location that cannot reasonably accommodate the individual’s mental or physical needs or disabilities; (c) an overnight sanctioned sleeping location that does not permit a minor child to be housed in the same facility with at least one parent or legal guardian, assuming the individualsseeking such shelter are at least one parent or legal guardian with a minor child; (d) an overnight sanctioned sleeping location for which an individual is required to attend or participate in religious activities or programs as a condition of utilizing the shelter space. “Camping” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
“Camping Facilities” include, but are not limited to, tents, huts, or temporary shelter. “Camping Paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
“Encampment” means a collection of items that are used or intended to be used for temporary habitation outdoors. Encampments contain Camping Facilities and/or Camping Paraphernalia. This definition of ORDINANCE NO. 2021-12
5 Encampment specifically does not include a collection of items that reasonably appear to be for less than 12-hour, daytime only use, such items brought to a park or beach for a picnic, nap, or daytime party. If items have in fact been maintained in the same approximate location for a period in excess of 12 hours, then the collection shall be considered an Encampment as provided in this section. For the purposes of this chapter, the term Encampment does not include a vehicle used for habitation. “Personal Effects” means personal property consisting of the following items.
1. ID/Social Security cards
2. Medications, medical devices, eyeglasses
3. Photos/Photo Albums
4. Tax/medical records
5. Reasonably usable, not overly soiled, non-verminous items that are reasonably believed to have value to persons experiencing homelessness, including tents, sleeping bags, clothes, and functional bicycles (although bicycle parts shall not be considered Personal Effects).
“Qualifying Disability” means a physical or mental disability that prevents that person from being able to, on a daily basis, construct, de-construct, and put away an Encampment. “Urgent Circumstances” are facts and circumstances that would cause a reasonable person to believe that, for the benefit of public safety and welfare, an Encampment needs to be urgently removed with less than 24 hours’ notice. Urgent Circumstances include, but are not limited to, increased fire risk, obstructing or interfering with the flow of pedestrian or vehicular traffic, and blocking access to a parking lot of a building.
6.36.030 PRIVATE PROPERTY.
(a) Private property. It is unlawful for any person to, on private property, erect, configure, construct, maintain, or store an Encampment, or to use a vehicle for Camping, except as expressly authorized below:
(1) In the yard of a residence with the consent of the owner or occupant of the residence, where the camping is in the rear yard, or in an area of a side yard or front yard that is separated from view from the street by a fence, hedge or other obstruction; or (2) Inside of a licensed and registered motor vehicle in the parking lot on the site of a religious institution with the written consent of such institution, where the driver/occupant of such vehicle is in possession of a valid driver’s license, provided that no more than six vehicles shall be permitted at any one location; or
(3) Inside of a licensed and registered motor vehicle in the parking lot on the site of a business institution in a non-residential district with the written consent of both the businessinstitution and property owner, where the driver/occupant of such vehicle is in possession of a valid driver’s license, provided that no more than three vehicles shall be permitted at any one location; or
ORDINANCE NO. 2021-12
6 (4) Inside a licensed and registered vehicle in a residential off-street driveway with the written consent of the owner and occupant of the residence, where the driver/occupant of such vehicle is in possession of a valid driver’s license, provided that no more than one vehicle shall be permitted at any one location.
(b) Camping shall not be permitted on private property where it is conducted in such a manner as to create inadequate sanitation, any trafficking in illegal drugs, a public or private nuisance, or other matters offensive to persons of ordinary sensibility; nor where the Camping is of such frequency, intensity or duration as to constitute a use of land prohibited by any provision of Title 24 of this code; nor where the Camping activity would be prohibited under any other provision of this code concerning use of mobile homes; nor where any fee, charge or other monetary consideration is collected for the privilege of Camping or for any services or the use of any facilities related thereto; nor where the covenants, conditions and restrictions of a duly organized homeowners association would prohibit the activity in the residential area subject to the covenants, conditions, and restrictions.
6.36.040 OVERNIGHT ENCAMPMENTS PROHIBITED WHEN THERE IS AN AVAILABLE OVERNIGHT SANCTIONED SLEEPING LOCATION OR AN AVAILABLE 24/7 SANCTIONED SHELTERING LOCATION; DAYTIME ENCAMPMENTS PROHIBITED WHEN THERE IS AN AVAILABLE 24/7 SANCTIONED SHELTERING LOCATION OR AVAILABLE HOMELESS PERSONS’ STORAGE.
(a) Nighttime Prohibition. Except where expressly authorized by Section 6.36.050, it is unlawful and a public nuisance for any person to place, erect, configure, construct, maintain, or store an Encampment on public property anywhere in the City of Santa Cruz between one hour before sunset and one hour after sunrise (but no later than 8:00 a.m.) when there is either an Available Overnight Sanctioned Sleeping Location or an Available 24/7 Sanctioned Sheltering Location.
This subsection 6.36.040(a) shall not be enforced against indigent homeless persons unless:
(1) There is either an Available Overnight Sanctioned Sleeping Location or an Available 24/7 Sanctioned Sheltering Location that is promptly available and offered to a person found in violation of Subsection (a); and
(2) The City (potentially in cooperation with homeless service providers, mutual aid groups, neighborhood groups, and faith communities) establishes and is operating programs providing not less than 150 additional shelter, managed camp, or safe sleeping spaces in the City of Santa Cruz on City-owned or operated properties or facilities. These facilities are to include water, handwashing stations, and portable toilets. Safe-sleeping facilities shall not be located in or adjacent to residential neighborhoods or schools. (b) Daytime Encampment Prohibition.
(1) When there is an Available 24/7 Sanctioned Sheltering Location or Available Homeless Persons' Storage, no person shall erect, configure, construct, and/or maintain an Encampment on public property between the hours of one hour after sunrise (but no later than 8:00 a.m.) ORDINANCE NO. 2021-12
7 until one hour before sunset. During circumstances where there is no Available 24/7 Sanctioned Sheltering Location, this daytime Encampment prohibition shall neither apply nor be enforced during rainfall, sleet, snow, or when the projected daily high temperature, as noted by the National Weather Service, is 50 degrees Fahrenheit or lower. (2) When there is an Available 24/7 Sanctioned Sheltering Location or Available Homeless Persons' Storage, a person must take down, fold, deconstruct, and put away any Encampment erected, configured, or constructed on public property between the hours of one hour after sunrise (but no later than 8:00 a.m.) until one hour before sunset. When there is no Available 24/7 Sanctioned Sheltering Location, this requirement shall neither apply nor be enforced during rainfall, sleet, snow, or when the projected daily high temperature, as noted by the National Weather Service, is 50 degrees Fahrenheit or lower (3) The City plans to sponsor or arrange for the sponsorship of an unsheltered persons’ storage program within the City of Santa Cruz, which would provide unsheltered persons with a reasonable quantity of storage for Personal Effects and/or survival items, such as tents, sleeping bags, tarps, and blankets. As City personnel encounter individuals who are camping in prohibited areas or at prohibited times, the City shall have a service available to assist individuals with on-street transportation to Available Homeless Persons' Storage. The prohibitions above in Subsections 6.36.040(b)(1) and 6.36.040(b)(2) shall not be enforced unless and until the above-described unsheltered persons storage program is operational and reasonably available to unsheltered persons in the City of Santa Cruz. The City Manager is hereby authorized to administratively establish and authorize operation of such storage facility or facilities within any zoning district within the City. (c) If there is no Available 24/7 Sanctioned Sheltering Location, the encampment prohibitions above in Subsections 6.36.040(a), 6.36.040(b)(1), and 6.36.040(b)(2) shall not be enforced against families with one or more children under the age of 18 years old. In cases of a homeless family, staff shall work with the County, including Child Protective Services, the State, and/or non-profit partners to attempt to find families temporary shelter or housing. If it is not reasonably apparent to City staff that a family unit has a member under the age of 18, City staff may request reasonable documentation to confirm that there is a minor in the family.
(d) If an indigent, homeless person who has a Qualifying Disability is maintaining an Encampment on public property, then City staff shall work with the County, State, and/or nonprofit partners to attempt to find the disabled person an Available 24/7 Sanctioned Sheltering Location. The prohibitions above in Subsections 6.36.040(a), 6.36.040(b)(1), and 6.36.040(b)(2) shall not be enforced against an indigent, homeless person with a Qualifying Disability nor against a single caregiver for a person with a Qualifying Disability, unless these individuals have access to an Available 24/7 Sanctioned Sheltering Location. Or, if there is no Available 24/7 Sanctioned Sheltering Location, but there is Available Overnight Sanctioned Sleeping Location and Available Homeless Persons' Storage, Subsections 6.36.040(a), 6.36.040(b)(1), and 6.36.040(b)(2) may be enforced if reasonable assistance is available that would allow for an indigent, homeless person with a Qualifying Disability to pack, unpack, and store their belongings daily.. (e) The City Manager may, but is not required to, establish standard procedures, forms, or administrative regulations that are consistent with this Chapter.
ORDINANCE NO. 2021-12
8 (f) The City may prioritize individuals with Qualifying Disabilities, one caretaker for each such individual, and families with minor children for occupancy at an Available 24/7 Sanctioned Sheltering Location and/or an Available Overnight Sanctioned Sleeping Location, to the extent that the City has control over such facilities.
(g) In no event (including circumstances where there is a lack of an Available 24/7 Sanctioned Sheltering Location, Available Homeless Persons' Storage, and/or an Available Overnight Sanctioned Sleeping Location) may any individual, including individuals with Qualifying Disabilities, consistently occupy the same public space for a period exceeding 96-hours. With respect to individuals with Qualifying Disabilities, prior to enforcement of this 96-hour rule, the City shall provide reasonable assistance, if necessary, in helping a person with a Qualifying Disability to comply with this rule.
(h) The City shall not enforce any portion of this Chapter in a way that would cause it to violate any currently applicable order or injunction issued by the court in the matter of Santa Cruz Homeless Union et at v. City of Santa Cruz et al, Case 5:20-cv-09425-SVK. (i) The City shall not enforce any portion of this Chapter in a way that would cause the City to not abide by the Center for Disease Control’s guidance on encampments during the COVID-19 pandemic, unless either (i) Santa Cruz County is in the “yellow tier” (or a lower tier, if established) of California’s Blueprint for a Safer Economy tiering structure, or (ii) California ends its tiering system and more fully re-opens the economy on a broader scale, as is currently expected to occur on or around June 15, 2021.
(j) If a need is verified, the City manager may establish one or more managed daytime sleeping areas, to be used by unsheltered individuals with a documented need to work at night and sleep during the day. Subsections 6.36.040(a), 6.36.040(b)(1), and 6.36.040(b)(2) shall not be enforced against indigent, homeless persons who have provided such reasonable documentation unless there is either:
(i) an Available 24/7 Sanctioned Sheltering Location, or (ii) available managed daytime sleeping areas and Available Homeless Persons' Storage.
6.36.050 CAMPING PERMITTED.
Camping is permitted in the City of Santa Cruz under the following circumstances:
(a) in public areas that the City has, as permitted by this Chapter, specifically set aside or clearly marked for public camping purposes, if conducted in a manner consistent with other provisions of this Chapter;
(b) at events authorized and permitted by the Santa Cruz City Parks and Recreation Department.
Generally, under this subsection, no person or group may camp in a City park under authority of this subsection for more than three nights in any twelve months. However, where the camping activity is taking place in conjunction with an authorized and permitted restoration or conservation project being performed by campers at or near the campsite, the Director of Parks and Recreation may permit an individual or group to camp in one of the afore-referenced City parks for a period of time in ORDINANCE NO. 2021-12
9 excess of that prescribed above. Additionally, no permit shall be required for security guards who camp in City parks incident to a lawful event. For fair and consistent application of this section, the director of Parks and Recreation may promulgate guidelines defining the criteria for permit issuance contained in this section.
Under this subsection, the Director of Parks and Recreation may issue a permit authorizing persons or groups to Camp in the improved areas of Harvey West Park, the improved area known as lower De Laveaga Park adjacent to Branciforte Drive, and San Lorenzo Park benchlands upon finding that the applicant has met the City’s requirements for:
(1) Parking and traffic control;
(2) Toilet and other sanitary facilities;
(3) Security;
(4) Liability insurance;
(5) Garbage collection and cleanup;
(6) Security and cleanup deposits;
(7) Such other public health, safety and general welfare matters as may be raised by the camping application; and
(8) Environmental compliance according to the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.
(c) at events or in a manner that is authorized by the City Council or City Manager, such as managed encampments and/or a managed safe sleeping zones for overnight tent encampments, , which may be managed by the City, the County, or by an approved non-profit. These may be authorized on any public or private property, in any zoning district, and in areas that would otherwise prohibit such uses. Facilities noted in this subsection, with the exception of religious assembly uses and schoolsponsored programs, shall not be located in or adjacent to residential neighborhoods or schools. (d) in a part or all of a City-owned parking lot, closed portion of a public right-of-way, on private property, or in an alternative space or area designated by the City Manager for safe sleeping. The City Manager, or his or her designee, is directed to establish not less than 150 additional shelter, managed camp, or safe sleeping spaces in the City of Santa Cruz on City-owned or operated properties or facilities, subject to all criteria set forth in Section 6.36.060. The hours of operation of safe sleeping sites may be determined by the City Manager, consistent with any other uses of the properties that will be hosting nighttime safe sleeping. The City Manager is hereby authorized to administratively establish and authorize operation of safe sleeping spaces within any zoning district within the City. Facilities noted in this subsection, with the exception of religious assembly uses and school-sponsored programs, shall not be located in or adjacent to residential neighborhoods or schools.
ORDINANCE NO. 2021-12
10 6.36.060 ADDITIONAL CRITERIA FOR ENCAMPMENTS ON PUBLIC AND PRIVATE
PROPERTY
If Encampments on public or private property are permitted for any reason to remain in place, they must meet the following criteria:
(a) Encampments shall not impede emergency ingress/egress routes on public sidewalks or rights-ofway, such as driveways providing access to emergency vehicles and entrances or exits from buildings.
(b) Under no circumstances, may persons dump gray water (i.e., waste water from baths, sinks, washing machines, and other kitchen appliances) or black water (i.e., sewage water) onto sidewalks, streets, parks, open spaces, storm drains, or any other facilities not intended for gray water or black water disposal. In addition to any other penalties or fines available to address this conduct, gray water and black water dumping is also an infraction under this chapter. (c) Under no circumstances, may persons create unpermitted electrical connections or “taps.” (d) Public property shall not be used as storage for extra car tires, bicycles or bicycle parts (except as needed for an individual’s personal use), gasoline, generators, household furniture, extra propane tanks, or combustible materials, including combustible waste. (e) No open fires are allowed. This subsection prohibits fires (such as camp fires, bonfires, recreational fires, burning of garbage, or portable outdoor fireplaces) that are lit in any public open space or park, except for a fire lawfully created wholly within a designated fire pit or other permanent receptacle provided by the City in a public park or beach for the purpose of allowing fires in said location. In addition, it shall be unlawful to intentionally or negligently set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property. A violation of this subsection is a misdemeanor.
(f) Encampments shall be maintained in a reasonably safe, tidy, and sanitary/hygienic fashion, free from litter, debris, waste, discarded food products, discarded property, and garbage unless contained within an enclosed container or trash receptacle. Encampments shall be maintained free from discarded hypodermic needles surrounding the Encampment. All refuse and recyclables shall be contained within a bag, box, or similar vessel and shall be removed from the Encampment by the occupant(s) on a regular basis. An Encampment location shall be cleared of all personal belongings, camp paraphernalia, and refuse by the occupant(s) at the end of the stay. (g) Encampments shall not occupy an area greater than 12 feet by 12 feet per person who is occupying the location. For individuals with one or more Qualifying Disability and their caretakers, City staff shall permit reasonable deviation from this requirement if additional space is needed. (h) Outdoor Living Encampments shall not cause direct damage to the environment through activities such as excavating or terracing soil, harming trees, cutting vegetation, or disturbing wildlife dens, burrow, or nests.
ORDINANCE NO. 2021-12
11 6.36.070 PENALTIES FOR VIOLATION.
(a) If a person has violated or is in violation of this Chapter (for example, by erecting or maintaining an Encampment in a way that is prohibited under this Chapter), City staff shall give the person a verbal or written warning before an infraction citation is issued. City staff shall seek opportunities, particularly when public safety/life safety is not under immediate/urgent threat, through coordination with City, County, non-governmental organizations, or faith-based groups, for outreach to precede or occur simultaneously to enforcement of this Chapter so that, when feasible, non-enforcement personnel can contact identified individuals on a complaint basis or within a structured, proactive program. The warning shall provide the person with information about any Available 24/7 Sanctioned Sheltering Location, Available Homeless Persons' Storage, and Available Overnight Sanctioned Sleeping Location. City staff also may, but shall not be required to, transport the person to Available 24/7 Shelter, Available Homeless Persons' Storage, and/or Available Overnight Sanctioned Sleeping Location.
(b) Unless a different penalty is explicitly noted elsewhere in this Chapter, if a person violates this Chapter, then that person is guilty of an infraction. The City’s fine for the infraction shall not exceed $20. If acceptable to the court, in lieu of a fine, the City encourages the court to allow infractions under this Chapter to be satisfied with a reasonable amount of community service. (c) Unless a different penalty is explicitly noted elsewhere in this Chapter, if, after receiving an infraction citation, a person who is in violation of this Chapter fails or refuses to come into reasonably prompt compliance with this Chapter (for example by failing to take reasonably prompt action to remove an Encampment that is not permitted under this Chapter), then that person is guilty of a misdemeanor. Misdemeanor enforcement under this subsection (c) and subsection (d) below may only be used only after outreach, warning, and infraction citation, and only when (i) camping violations are exacerbated by other illegal behaviors, or (ii) the subject willfully refuses to vacate, or (iii) the subject interferes with the closure or removal of an illegal Encampment. (d) Additionally, any person who violates any section in this Chapter and receives an infraction citation for such violation, and who, between 1-30 days from receiving such infraction citation, again violates this Chapter or is still violating this Chapter, is guilty of a misdemeanor. (e) If a misdemeanor arrest is permitted under this Chapter, the arresting officer shall be permitted to seize and store items within an Encampment if necessary to prevent items from being stolen and/or if deemed necessary to prevent the immediate re-establishment of an Encampment that is violative of this Chapter. Unless the property is contraband or evidence of a Penal Code crime, persons who have been arrested and have had property seized pursuant this subsection may recover their property at the Santa Cruz Police Department, anytime within 90 days after that property is seized.
6.36.080 PROPERTY REMOVAL AND STORAGE.
(a) The establishment of an Encampment that is contrary to this chapter is declared to be a public nuisance, and appropriate City staff is authorized and empowered to remove any such Encampment after providing reasonable notice.
ORDINANCE NO. 2021-12
12 (b) What length of time is reasonable will depend on the size of the Encampment, the presence of any Urgent Circumstances, whether individual(s) are present to receive notification, and the abilities of the person who maintains the Encampment, if known to the City. Unless a seizure of property and arrest occur related to a misdemeanor violation (as described in subsection 6.36.070(e) above) or unless Urgent Circumstances exist, at least 24-hours written notice shall be given before the City removes property found to be in violation of this Chapter. (c) Personal property that poses an imminent threat to public health or safety, is contraband, is evidence of a Penal Code crime, is obstructing or interfering with the flow of pedestrian or vehicular traffic, is removed pursuant to Section 6.36.070(e), and/or is blocking access to a parking lot or a building shall not be subject to the above described notice requirements and may be promptly removed by appropriate City staff, in accordance with the law and generally accepted law enforcement procedures. In other circumstances, unless this Chapter provides otherwise, City staff shall make a good faith attempt to identify and remove Personal Effects, and if Personal Effects are identified, City staff shall cause a Notice of the Personal Effects to be posted, as provided in subsection (f) below. Personal Effects shall be stored, as provided below. (d) When Urgent Circumstances or circumstances described in Section 6.36.070(e) do not exist, prior to removing an Encampment found to be in violation of this Chapter, a written notice with the following content shall be provided:
1. The date and time of written notice,
2. The location of the notice,
3. A direction that:
“PERSONS IN THIS AREA MUST VACATE AND REMOVE ALL BELONGINGS ON OR BEFORE: [insert reasonable date and time to vacate]
THE CITY WILL CLEAN THIS SITE ON OR AFTER THE TIME AND DATE SPECIFIED ABOVE.
UNACCOMPANIED ITEMS ARE SUBJECT TO REMOVAL AND MAY BE
DISCARDED OR DESTROYED.
4. A phone number and a physical address for property related inquiries.
5. A phone number for other questions or concerns.
(e) If itemsremain at an Encampmentsite after the relevant notice period has expired, prior to discarding items, appropriate City staff shall make a good faith attempt to identify and remove Personal Effects from the Encampment. Any Personal Effects identified by City personnel shall not be discarded. (f) At the time of removal of any Personal Effects from an Encampment, City personnel shall conspicuously post a dated notice (either at the exact location from which the Personal Effects were removed or at another nearby location) with the following information.
1. A statement that Personal Effects were removed;
2. A telephone number for information on retrieving Personal Effects; ORDINANCE NO. 2021-12
13 3. An address where the Personal Effects are temporarily stored;
4. That Personal Effects will be stored for 90 days.
The posting of notice required under this section shall not apply if removal property is conducted pursuant to Section 6.36.070(e) and the arresting officer has reasonable reason to believe that all items belong to the individual(s) being arrested. In such cases, the individual(s) being arrested shall be provided with written notification of the where their items are being stored and how to retrieve them at a later date.
(g) Following removal of any Personal Effects, City personnel shall place the removed Personal Effects in containers labeled in a manner facilitating identification by City personnel and owner and which reasonably protect such property from damage or theft.
(h) Personal Effects stored by the City which are claimed within ninety (90) days from removal shall be released to the person claiming ownership providing they identify the property and the approximate location where the property was left.
(i) Personal Effects that remain unclaimed after 90 days may be discarded, recycled, dedicated for public use, or given to a nonprofit agency for charitable use. (j) In situations where the City has reasonable, good faith reason to believe that an Encampment has been abandoned and is not occupied, the City may promptly remove any itemsthat reasonably appear to be trash/garbage. For items that do not reasonably appear to be trash or garbage, the City may post a written “Notice of Apparently Abandoned Property” which notifies potentially interested parties that the City believes the site to be abandoned and will discard unclaimed items in no fewer than 72 hours. Under this scenario, the City shall have no obligation to attempt to identify, remove, and/or store Personal Effects. If unattended items remain at an apparently abandoned site after a notice period of 72 hours or greater, the City may simply discard, recycle, or donate items that remain, as they are most likely abandoned.
(k) Regardless of the City’s authority to remove an Encampment pursuant to this section, every owner, occupant, or lessee of private property, and every holder of any interest in private property, is required to maintain the property in compliance with local, state, and federal law; and is liable for violations thereof.
(l) The cost of Encampment removal on property not owned by the City, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Title 4 of the Santa Cruz Municipal Code.
(m)It shall be a misdemeanor to willfully prevent, delay, obstruct, or otherwise interfere with a City official, employee, contractor, or volunteer in their execution of property and/or Encampment removal pursuant to this section.
ORDINANCE NO. 2021-12
14 6.36.090 INTERPRETATION OF CHAPTER.
(a) If any subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted thissection, and each and every subsection,sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
(b) Nothing in this ordinance shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(c) In enacting and implementing this ordinance, the City is assuming an undertaking to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
Section 2. This ordinance shall take effect and be in force thirty (30) days after final adoption.
PASSED FOR PUBLICATION this 11th day of May, 2021, by the following vote:
AYES: Councilmembers Watkins, Kalantari-Johnson, Golder; Vice Mayor Brunner; Mayor Meyers.
NOES: Councilmembers Brown, Cummings.
ABSENT: None.
DISQUALIFIED: None.
APPROVED: ______________________________
Donna Meyers, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
ORDINANCE NO. 2021-12
15 PASSED FOR FINAL ADOPTION this ___day of __________, 2021 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
APPROVED: ______________________________
Donna Meyers, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original of
Ordinance No. 2021-12 and that it has
been published or posted in accordance
with the Charter of the City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator
City of Sacramento
City Council - 12:30PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00991 8/1/2023 Consent Item 1.
Critical Infrastructure List Resolution (2023)
File ID: 2023-00991
Location: Citywide
Recommendation: Adopt a Resolution: 1) acknowledging receipt of the City Manager’s Critical Infrastructure Summary Memorandum of 2023, including the attached Critical Infrastructure List; 2) recognizing said Critical Infrastructure List as the complete listing of locations officially designated by the City Manager as “critical infrastructure” for purposes of Chapter 8.140 of the City Code; 3) approving any and all locations on the Critical Infrastructure List as “critical infrastructure” for purposes of Chapter 8.140 of the City Code; and 4) repealing Resolution No. 2022-0322.
Contact: Daniel Bowers, Director of Emergency Management, (916) 808-1833, [email protected], Office of the City Manager Presenter: Daniel Bowers, Director of Emergency Management, (916) 808-1833, [email protected], Office of the City Manager Attachments:
1-Description/Analysis
2-Summary Memorandum Critical Infrastructure List
3-Resolution Critical Infrastructure List 2023
4-Critical Infrastructure List and Justifications
Description/Analysis
Issue Detail: The City Council adopted Ordinance No. 2020-0009 on February 25, 2020, which added Chapter 8.140 to the City Code for the protection of critical infrastructure and wildfire risk areas in the interests of public safety. Pursuant to Section 8.140.020 of the City Code, “critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.” It is imperative that critical infrastructure across the City of Sacramento be protected to ensure operational readiness and continuity of essential services during all-hazards. Real property or a facility does not become “critical infrastructure” for the purpose of Chapter 8.140 until so designated by the City Manager and
File ID: 2023-00991 8/1/2023 Consent Item 1.
subsequently approved by the City Council through a resolution.
Following passage of the Critical Infrastructure Ordinance, the City’s Director of Emergency Management led deliberate and thorough coordination, which brought together subject matter experts and stakeholders to recommend, justify, and validate key facilities and property parcels across the City to be designated as Critical Infrastructure by the City Manager, pursuant to direction received by City Council. Each component of critical infrastructure was additionally validated, based on reference guidance from the Department of Homeland Security and Federal Emergency Management Agency. The result was the first Critical Infrastructure List of June 8, 2021, which the City Council adopted on July 20, 2021 through Resolution No. 2021-0227.
Thereafter, to extend explicit protection to local schools after several reported incidents of students be accosted to and from school, the City Manager issued a memorandum of October 11, 2022, including a revised Critical Infrastructure List. On October 18, 2022, the City Council adopted the revised Critical Infrastructure List through Resolution No. 2022-0322.
The City Manager has issued a new memorandum on July 25, 2023, which updates the locations on the Critical Infrastructure List that are designated as “critical infrastructure” for purposes of Chapter
8.140 of the City Code of courthouses and government law offices, including those of criminal prosecutors. This matter is before the City Council for approval of the City Manager’s updated designation.
Policy Considerations: Not applicable.
Economic Impacts: Not applicable.
Environmental Considerations: This action is not a project that is subject to CEQA because it is an administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5)).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The City Manager deems the locations on the Critical Infrastructure List to be vital and integral to the operation or functioning of the City. The City Manager further finds that their damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. The approval of the updated Critical Infrastructure List will save lives, protect property, reduce maintenance costs, and bolster the City’s resiliency to all-hazards affecting our community and region.
File ID: 2023-00991 8/1/2023 Consent Item 1.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
MEMORANDUM
DATE: July 25, 2023
TO: Mayor and City Council Members
FROM: Howard Chan, City Manager
SUBJECT: CRITICAL INFRASTRUCTURE SUMMARY (2023)
On February 25, 2020, the City Council adopted the Protection of Critical Infrastructure and Wildfire Risk Areas Ordinance (No. 2020-0009), which added Chapter 8.140 to the Sacramento City Code. “critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.” (Sac. City Code, §
8.140.020.) The Ordinance recognizes the necessity for the City of Sacramento to ensure the operational readiness and continuity of essential services from certain real property and facilities during all-hazards.
The City Council has previously adopted designated parcels or facilities as “critical infrastructure” through Resolutions Nos. 2021-0227 and 2022-0322. The designation of a parcel or facility as “critical infrastructure” is a thoughtful and deliberate process. The City Manager designates a location as critical infrastructure, but the location becomes critical infrastructure for the purposes of Chapter 8.140 only after approval by the City Council.
The City’s Director of Emergency Management can receive input from subject-matter experts and stakeholders to recommendation, justification, and validation of key parcels and facilities in the City for designation as critical infrastructure by the City Manager. Each component of potential critical infrastructure was additionally validated, based on guidance from publicly available reference materials of the United States Department of Homeland Security and the Federal Emergency Management Agency regarding federally designated critical infrastructure. The result is the attached Critical Infrastructure List, which was developed over several months as city leaders and subject-matter experts conducted a comprehensive assessment of facilities and property parcels that serve critical purpose to preserve public safety.
Therefore, as City Manager, I designate any and all locations on the 2023 City of Sacramento Critical Infrastructure List as updated “critical infrastructure” for the purposes of Chapter 8.140 of the Sacramento City Code. The locations on the 2023 City of Sacramento Critical Infrastructure List are so vital and integral to the operation or functioning of the City of Sacramento that their damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.
RESOLUTION NO. 2023-
Adopted by the Sacramento City Council
August 1, 2023
Resolution Approving City Manager’s Designation of Specified Locations as Critical Infrastructure for Purposes of Chapter 8.140 of the City Code
BACKGROUND
A. The City Council adopted Ordinance No. 2020-0009 on February 25, 2020, which added Chapter 8.140 to the City Code for the protection of critical infrastructure and wildfire risk areas in the interests of public safety.
B. Pursuant to Section 8.140.020 of the City Code, “critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.”
C. Real property or a facility does not become “critical infrastructure” for the purpose of Chapter 8.140 until so designated by the City Manager and subsequently approved by the City Council through a resolution.
D. On July 20, 2021, the City Council adopted Resolution 2021-0227, which ratified a previous listing of critical infrastructure from the City Manager.
E. On October 18, 2022, the City Council adopted Resolution 2022-0322, which ratified the City Manager’s current listing of critical infrastructure.
F. The City Manager presented the attached Critical Infrastructure Summary Memorandum of 2023 (Memorandum) (Attachment 1) to the City Council. The Memorandum includes the attached 2023 City of Sacramento Critical Infrastructure List (List) (Attachment 2), which contains the updated locations that have been designated “critical infrastructure” by the City Manager for purpose of Chapter 8.140.
G. The City Manager deems the locations on the List to be so vital and integral to the operation or functioning of the City of Sacramento that their damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.
H. Pursuant to direction received by City Council, the City’s Director of Emergency Management brought together subject-matter experts and stakeholders to recommend, justify, and validate key parcels and facilities in the City to be designated as critical infrastructure by the City Manager. Stakeholders and key leaders included both internal city staff and external partnering agencies. The process also included consideration of publicly available reference materials of the United States Department of Homeland Security and the Federal Emergency Management Agency regarding federally designated critical infrastructure.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council acknowledges receipt of the City Manager’s Critical Infrastructure Summary Memorandum of 2023, including the attached “2023 City of Sacramento Critical Infrastructure List.” Section 2. The City Council recognizes said Critical Infrastructure List as the complete listing of locations officially designated by the City Manager as “critical infrastructure” for purposes of Chapter 8.140 of the City Code.
Section 3. The City Council hereby approves any and all locations on said Critical Infrastructure List as critical infrastructure for purposes of Chapter 8.140 of the City Code.
Section 4. Sacramento City Council Resolution No. 2022-0322 is hereby repealed.
Critical Infrastructure List Supporting
Summaries
7/25/2023
Air Release Station
Air release valves are appurtenances located on water transmission mains throughout the City. A portion of the piping of an air release valve is above ground. There are over 650 air release valves located throughout Sacramento within City right-of-way.
These facilities are located within City ROW
or easements.
Basins
Basins constitute a facility for producing, storing, diverting, conserving, treating, or conveying water.
Drainage flood control and water quality detention basins are a part of the City’s drainage system and prevent flooding and protect the City’s local creeks and rivers as required by the City’s State NPDES Permit.
Drainage collection currently maintains 164
basins throughout the City as part of the
critical infrastructure conveyance system.
Booster Station One potable water booster pump station exists within the City of Sacramento at 4299 Astoria Street. It maintains the pressure in a historically lower pressure area of the city.
The facility and parcel are critical.
Combined Sewer System Vaults
There are four stormwater vaults within the City of Sacramento Combined Sewer System, designed to provide additional storage capacity during large rain events. All four vaults are in high profile areas and located underground. If these vaults not accessible, become damaged or unusable, the impact will create safety and public health hazards throughout the system. There will be a risk of
These facilities can be on a parcel or part of
another critical facility.
Drainage Canals
Drainage canals and channels are critical conveyance elements that deliver rainfall runoff from urban areas to receiving waterways. Channels can have multiple pump stations pumping flows into them. It's critical to maintain channel side slope integrity to prevent erosive action. Failure in channels/canals can lead to significant flooding for large areas of the city. these facilities are located over long
stretches and pass through multiple
neighborhoods.
Fire Stations
Fire Stations provide critical services for fire and emergency medical responses in our city and community. If there is a disruption of service, due to the fire department’s inability to access or leave from the location, or damage to the station, the city and community would suffer due to delays in emergency response.
These facilities are typically on a parcel
associated with a critical facility.
Flood Protection Barrier – Floodgates,
Sluice gates, Flap gates
A flood protection barrier is a specific type of floodgate that is designed to prevent water from entering through a primary or secondary levee. Floodgates are installed or closed to block water from entering the city. Sluice gates are closed to prevent water, stormwater, or wastewater from entering or backing up into the city. Flap gates prevent water from entering the city through pipes d i fl di
There are several sites across the city; many
have components that are stored
elsewwhere and deployed as needed to
safeguard the city.
Gathering Areas
Gathering areas across the City often consolidate the largest number of persons in a confined area, which have historically been ideal targets for extremist and terror attacks. Gathering areas are also often ideal locations to conduct mass care and shelter for evacuees given the range of onsite support to host large groups of people.
Typically just the facility is critical and the
parcel consists of parking lots and/or
additional business enterprise.
Government Operations
This includes key locations where governance is conducted, and support to the community is administrered from. This oft includes administration buildings where plans, procedures, and fees may be processed; additionally, this can include locations that host community services, such as:
sheltering, childcare, youth programs, etc.
These facilities can be on a parcel or part of
another critical facility.
Landfill Gas Extraction System
The City owns and operates an extensive landfill gas extraction system, including two flare stations on the east and west side of Sutter’s Landing Regional Park. This system prevents the release of landfill gas that would be harmful to the environment and nearby communities. Operation of this infrastructure is vital to the safety of the surrounding homes and businesses, who would be potentially exposed to risk should this equipment fail.
These facilities are typically on a parcel
associated with a critical facility.
Levees
Levees protect the Sacramento area from flooding due to high river or creek/stream levels caused by rainfall events that produce high volumes of runoff. Without the ability to maintain these facilities the flood risk to Sacramento residents is increased.
Most levees around Sacramento have flood
control easements along
rivers/creeks/streams. Levees are not
typically on a single parcel or within the rightof-way.
PG&E Gas line infrastructure
PG&E provides gas service to DOU Water, Wastewater, and Drainage facilities. Loss of PG&E service may result in potential flooding, sanitary sewer overflows, and no water production and treatment.
These facilities are typically on a parcel
associated with a critical facility.
Police Stations and Facilities
Police Stations and Facilities are critical to the safety of the community as they house dispatch communication, peace officers, their vehicles, and equipment. If those facilities are damaged or prevented from being used, it would negative impact the Police Departments ability to provide community services, thereby threatening the safety of our City.
These facilities are typically on a parcel
associated with a critical facility.
Potable Wells
The City currently is permitted to operate 28 groundwater wells. Twenty-six (26) are located in the northern portion of the City, north of the American River and two are located south of the American River. Two additional wells are currently under construction south of the American River.
Groundwater wells provides 20% of the annual potable water supply for the City of Sacramento and wholesale customers.
Potable wells are facilities and are located at
28 city owned parcels throughout
Sacramento.
Rivers/Creeks
Rivers and Creeks are important elements of the City's drainage system as they pass storm flows from distant areas through our city as well as collect drainage from city neighborhoods. The City is protected from high flows in rivers and streams by the levee systems that border these water coarses. Maintaining levees per guidelines is mandated by regulating State and Federal agencies.
Access for monitoring during high flows is critical. Failure of this asset can lead to catastrophic flooding in our City.
Rivers and Creeks traverse through or are
adjacent to much of our City.
SMUD Power Infrastructure
SMUD provides electrical service to DOU Water, Wastewater, and Drainage facilities. Loss of SMUD service may result in potential flooding, sanitary sewer overflows, and no water production and treatment.
These facilities are typically on a parcel
associated with a critical facility.
Storage Facility
The City currently has 16 water storage facilities: 11 distributed storage tanks located throughout the City, and five clear wells located at the water treatment plants (three at the SRWTP and two at the FWTP). The storage facilities, or reservoirs, store water and pump water into the transmission main system for distribution into neighborhoods, mostly during periods of high demands.
The storage facilities, or reservoirs, are
facilities and are located at 14 different sites.
Sump Station
Wastewater and drainage is collected in underground pipes and flows to a collection point at a lower elevation which is a sump station. At the sump station wastewater is pumped to a force main pipe that conveys wastewater to a treatment plant for treatment. At the drainage sump, the water is pumped to a force main pipe that conveys the water to creeks and rivers. These facilities are essential to prevent flooding during rain events and to reduce sewer outflows.
Sump are facilities and are located on city
owned parcels.
Treatment Plant
The City treats surface water diverted from the Sacramento and American Rivers through the Sacramento River Water Treatment Plant and the E.A. Fairbairn Water Treatment Plant. These two water treatment plants provides 80% of the annual potable water supply for the City of Sacramento and wholesale customers.
The WTPs are facilities and are located at
301 Water Street and 7501 College Town
Drive.
Turnout
The City maintains seven metered wholesale/wheeling connections to other adjacent agencies and 21 additional emergency interties. The turnouts are located throughout Sacramento within City rightof-way. The turnouts/interties are used for emergency water supply.
These facilities are located within City ROW
or easements.
Courthouses and Legal System Offices
These facilities facilitate legal proceedings and house files and personnel that are part of the public legal system.
These facilities are located within City ROW
or easements.
2023 City of Sacramento Critical Infrastructure List
Item No.
11. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: Media Sponsorship Proposal for 2023 Porterville Veterans Homecoming Day Parade
SOURCE: City Manager's Office
COMMENT: At its meeting on October 3, 2023, the City Council approved the Community Civic Event application sponsored by the local American Legion Post 20 and the Veterans Homecoming Committee for the 105th annual Porterville Veterans Day Parade on Main Street in Downtown Porterville on Saturday, November 11, 2023. The Porterville Veterans Day Parade is one of the longest running Veterans Day Parades in the nation and is one of the hallmark events of the Porterville community, and for the last two years has been broadcast live on television on KSEE 24 in conjunction with Mister Media.
Given the expense of broadcasting the parade, the American Legion Post 20 has requested that the City consider sponsoring the media presentation of this year's Parade. Mister Media is the media partner for the event and has provided the attached media sponsor proposal, which includes the live broadcast of the Parade on KSEE 24 from 10:00 AM to 12:00 PM, a rebroadcast on KSEE 24 in primetime later that evening from 8:00 to 10:00 PM, and forty (40) promotional spots on KSEE 24 prior to the Parade at the expense of $12,500.
As the Council is aware in its recent adoption of the annual City Budget, $25,000 was appropriated in the Community Promotions fund in support of Downtown and Main Street events, which this media and promotion opportunity would be of great benefit to highlight Main Street and the Downtown area, and the Porterville community and its reverence and support for veterans.
RECOMMENDATION: That the City Council:
1. Consider media sponsorship of the 2023 Porterville Veterans Day Parade; and
2. Authorize the expenditure of $12,500 from the Community Promotions fund.
ATTACHMENTS: 1. Media Sponsorship Proposal - 2023 Porterville Veterans Day Parade
Appropriated/Funded:
Item No.
11. Review By:
Department Director:
John Lollis, City Manager
Final Approver: John Lollis, City Manager
MISTER MEDIA
INVOICE
#147235
It’s a pleasure to work with you on this project and thank you for supporting all the Central Valley Veterans.
Sincerely yours,
Gene Day
City of Porterville
291 N. Main Street
Porterville, CA 93257
Date: 10/05/2023
Porterville Veterans Homecoming Day Parade 2023
November 11, 2023
Description Cost
KSEE CH24 television broadcast $7,500.00
10:00-12:00am livestream of parade
8:00 -10:00pm broadcast of parade
40 promotional spots prior to parade
Television live production $5,000.00
CH24 News Host
Engineer broadcast
Director
Sound tech for television
Technical director
3 camera operators
Video tech
Sound tech for street PA
Producer
Graphic tech for titles
Internet tech
$12,500.00
327 N. Van Ness
Fresno, CA 93701
(559) 906-3838
MISTER MEDIA
327 N. Van Ness
Fresno, CA 93701
(559) 906-3838
Dear City of Porterville,
Veterans Homecoming Day Parade and 5K/10K Run Media Coverage on November 11, 2023 Mister Media Production Company is proud to announce its involvement in the production of the Veterans Homecoming Day Parade. Here's a breakdown of the media coverage schedule:
1. **Live Streaming of the Parade:**
- Date and Time: Saturday morning, November 11, 2023, from 10:00 AM to 12:00 PM - We will be live streaming the entire parade, ensuring that the event reaches a global audience.
Viewers can tune in from anywhere to witness this heartfelt tribute to our veterans.
2. **Broadcast on KSEE 24:**
- Date and Time: Saturday evening, November 11, 2023, from 8:00 PM to 10:00 PM - The parade will be broadcasted on KSEE 24, a prominent local television channel, enabling even more people in the community to join in the celebration.
3. **YouTube Availability:**
- The parade will also be available for viewing on YouTube throughout the year. This online platform ensures that the parade's memories and messages endure far beyond the event itself. - Notably, last year's parade on YouTube garnered over 1500 views, demonstrating the enduring appeal and importance of this event.
In addition to our coverage of the parade, Mister Media will be providing a street PA system for both the Veterans Day 5K and 10K Run. This will enhance the event experience for participants and spectators alike, making sure that the spirit of Veterans Day is felt by all.
We are committed to delivering high-quality coverage that honors our veterans and showcases the community's support for their service.
If you have any questions or need further information about our media coverage plans, please feel free to reach out to Gene Day at (559) 906-3838
Sincerely,
Gene Day
Mister Media
(559) 906-3838
Item No.
12. CITY COUNCIL AGENDA – OCTOBER 17, 2023
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, Mayor Martha A. Flores in conjunction with the Acting City Manager Patrice Hildreth declared the existence of a local emergency within the City of Porterville. Said Declaration was made pursuant to Chapter 9 of the Porterville Municipal Code, and in response to the increasing threat to life and property in the city caused by a series of storm systems striking California and in particular the Porterville area, impacting Success Lake and significantly increasing flows of the Tule River. Pursuant to the California Emergency Services Act (California Government Code 8558 et seq.), emergency declarations must be ratified by the governing body within seven days of being declared. At its Special Meeting on March 17, 2023, the City Council acted to ratify the Declaration of Local Emergency. The Act also requires that the emergency declaration be renewed every sixty (60) days to remain in effect, which at its meeting on October 3, 2023, the Council reviewed and acted to renew the emergency declaration.
On March 10, 2023, due to the volume of water added to Success Lake from significant storm activity, Tulare County Sheriff Mike Bourdreaux issued an Evacuation Warning for both the north and south sides of the Tule River, and the Tulare County Office of Emergency Services (TCOES) established a Temporary Evacuation Point (TEP) and Emergency Shelter in the gymnasium at Porterville College.
On March 15, 2023, due to the water level of Success Lake rising to the point of running over the spillway of the Richard L. Schafer Dam, Sheriff Boudreaux issued a Mandatory Evacuation Order for the residences, businesses and structures between Schafer Dam and Road 284, east of the city of Porterville.
On March 18, 2023, due to water levels dropping on the Tule River, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.
On March 15, 2023, due to rising flood waters, Sheriff Boudreaux issued a Mandatory Evacuation Order for the area between Olive Avenue (Avenue 152) to Avenue 144 and the Friant-Kern Canal and the Tule River and Westwood Street, west of the city of Porterville. On March 25, 2023, Sheriff Boudreaux reduced the Mandatory Evacuation Order back to an Evacuation Warning.
Item No.
12. On March 15, 2023, due to rising water levels of the Tule River, City Public Works Department staff took extraordinary measures to protect the neighborhood north of River Springs Drive, avoiding potentially catastrophic flooding of the area.
On March 16, 2023, due to the historic water levels and flows of the Tule River causing erosion to the river banks, Police Chief Jake Castellow issued a Mandatory Evacuation Order for eight residences along Rio Vista Avenue, providing information on the TEP and Emergency Shelter established at Porterville College. City Public Works Department staff took extraordinary measures over the next several days to mitigate and protect the river banks from affecting the residences. On March 24, 2023, Chief Castellow reduced the Mandatory Evacuation Order of the eight residences back to an Evacuation Warning.
On March 19, 2023, due to continued erosion of the banks of the Tule River and the performance of immediate necessary mitigation efforts by Public Works Department personnel, Chief Castellow issued a Mandatory Evacuation Order for both the north and south banks of the Tule River within City limits (not including permanent structures with a designated address), and provided information on the TEP and Emergency Shelter established at Porterville College. The Public Works Department continues to work diligently in shoring the banks of the Tule River.
To accommodate upcoming ceremonies and events in the gymnasium at Porterville College, the TEP and Emergency Shelter at the College closed at noon on April 11, 2023, and thirty (30) individuals were successfully transitioned to the new TEP at the Porterville Army National Guard Armory. A Special Meeting of the Council was scheduled for April 14, 2023, to consider a draft License agreement for the City's temporary use of the State facility. The American Red Cross continued to provide shelter services at the TEP, but transitioned out on May 5, 2023. With the authority granted to the City Attorney and City Manager at its meeting on April 18, 2023, the City and County drafted a Memorandum of Understanding (MOU) in an effort to continue TEP shelter services until May 5, 2023, while the Mandatory Evacuation Order remained in place along the banks of the Tule River in city limits. On April 14, 2023, the County transmitted a letter to the California Governor's Office of Emergency Services (Cal OES), requesting continued financial support for the Armory TEP, which the County reported that Cal OES did not approve. At its meeting on July 11, 2023, the County Board of Supervisors approved the MOU for TEP shelter services between the City and the County, retroactive from April 11, 2023 to May 5, 2023.
Given the lack of continued financial support by Cal OES, the County notified the City that it would discontinue its support of the Armory TEP at noon on May 5, 2023, and American Red Cross would vacate the facility as well, leaving the City alone to determine the function of the Armory TEP after noon Item No.
12. on May 5th. The significant threat of local emergency continued to exist with the estimated over three hundred percent (300%) of normal snow pack in the Sierra Nevada mountains and the potential for a warm storm or heat wave this Spring to again inundate the Tule River, described as a "loaded locomotive at the top of the hill." Given the forecasts of potential widespread flooding damage to west Tulare County and significant portions of Kings County later this Spring and early Summer, Red Cross representatives strongly believe they will be returning to the Armory TEP and other Tulare County locations (e.g.
Porterville Developmental Center) to assist those displaced from homes due to flooding. Until such time that Cal OES makes the determination that emergency conditions again exist in Tulare County, the Council was left to determine if local emergency conditions existed to continue operating the Armory TEP, which expenditures would not be reimbursable given the lack of approval by Cal OES.
Given the continued mandatory evacuation order along the Tule River in city limits and the legal implications of the Martin v. Boise federal 9th Circuit Court of Appeals decision (2018), and the announced departure of the American Red Cross and County support at noon on May 5, 2023, City staff developed an operational plan for the Armory TEP, cognizant of the lack of federal and State reimbursement of costs. As of April 27, 2023, eighteen (18) individuals were receiving shelter services at the Armory TEP, with most individuals only at the facility in the evening. Given the limited daytime TEP population, and daily meal services provided at the nearby Porterville Welcome Center, staff recommended to limit the Armory TEP hours from 7:00 P.M. to 7:00 A.M. daily, providing temporary staffing of two individuals (including a security guard). Temporary staffing had been quoted at $25 per hour, for a daily expense of $600 (or $18,000 per month). At its meeting on May 2, 2023, the Council authorized the continued operation of the Armory TEP for a 12-hour operational period over the evenings, and also directed that the Armory restrooms and shower facilities be used by the individuals at the TEP, which although not ADA-compliant, are not required for non-reimbursable shelter activities while under a Declaration of Local Emergency. The contract for the on-site mobile shower and portable restroom facilities that are ADA-compliant expired on May 11, 2023, which the rental cost was approximately $18,000 per month. However, the City Attorney recommended maintaining a single ADAportable restroom at the facility. Beginning at noon on May 5, 2023, the City assumed administrative and financial responsibility for the Armory, which has established operational hours of 8:00 P.M. to 8:00 A.M. and averaged twenty (20) individuals each evening (please see attached daily census).
On May 4, 2023, the City received an updated draft License agreement for the use of the Armory, proposing a 1-year lease for exclusive use by the City effective May 5, 2023, through May 4, 2024. The draft agreement proposes no fee for the use of the facility, but that the City assume responsibility for the facility's utilities. On Monday, May 8th, the last remaining Army personnel left the facility, with the City now having complete exclusive use of the facility. At Item No.
12. its meeting on May 16, 2023, the Council approved the updated draft License agreement for the 1-year exclusive use of the Armory.
On March 31, 2023, Governor Newsom issued Executive Order N-6-23 to support Tulare Lake Basin flood response, which streamlines State preparation, response and recovery actions and supports local flood response efforts and assist in preparing communities for the impacts of snowmelt runoff in the months ahead.
On April 3, 2023, President Biden granted a Major Disaster Declaration for the State of California, triggering the release of Federal funds to help individuals and communities recover from Severe Winter Storms, Straight-line Winds, Flooding, Landslides and Mudslides that occurred February 21, 2023, and continuing. Monterey and Tulare counties were designated in the Major Disaster Declaration for both Individual and Public Assistance, as well as Hazard Mitigation. On July 14, 2023, the Federal Emergency Management Agency (FEMA) made the determination to close the incident period effective July 10, 2023. Although the incident period has been closed, businesses and individuals may still apply for federal disaster assistance through September 1, 2023.
On May 17, 2023, Governor Newsom issued Executive Order N-7-23 to support Tulare Lake Basin flood response, which extends flood diversion and groundwater recharge flexibilities implemented for the Tulare Lake Basin, including Kern River floodwater to be allowed into the California Aqueduct.
On August 4, 2023, Governor Newsom issued Executive Order N-10-23 to streamline levee repairs and debris removal to help local communities recover from flooding and prepare for the next wet season.
At its meeting on April 4, 2023, the Council approved Resolution No. 15-2023, which authorized the appropriation of funds from the Catastrophic/Emergency Reserve Fund for the costs associated with the response to the local emergency including personnel, equipment, services and other necessary expenditures. At its meeting on April 18, 2023, the Council approved two emergency expenditures that exceeded $5,000 in their acquisition, which included additional Water Rescue Equipment for the Fire Department ($6,417.70) and the 30-day rental of two mobile shower/restroom units ($13,151) for the Armory TEP due to the facility's restrooms and showers not being compliant with the Americans with Disabilities Act (ADA). At its meeting on May 2, 2023, the Council approved two additional emergency expenditures that exceeded $5,000 in their acquisition, which included a trailer-mounted 6" dewatering and sewage pump ($77,396.67), and local trucking services of riprap material ($5,436.00), both for the Public Works Department.
In support of two private personnel providing nightly security at the Armory as it continues to function as a temporary evacuation point and shelter, City staff has secured TopKnotch Security, Inc. as the security services provider.
Item No.
12. TopKnotch provided an agreement for security services for approximately $18,000 per month (2 personnel at $25/hour for 12 hours per day for 30 days per month), which the Council approved at its meeting on June 6, 2023. Due to violations by TopKnotch Security of its agreement with the City for security services, City staff terminated the agreement effective immediately on Friday, July 14, 2023, causing the Police Department to provide security services at the Armory on Friday, July 14 through Sunday, July 16, 2023. Beginning on Monday, July 17, 2023, Good Guard Security, Inc. began providing security services, which at its meeting on July 18, 2023, the Council approved an agreement for security services for approximately $21,000 per month (2 personnel at $28.95/hour for 12 hours per day for 30 days per month).
RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
ATTACHMENTS: 1. Declaration of Local Emergency - March 13, 2023
2. Resolution No. 11-2023
3. Rio Vista Avenue Mandatory Evacuation Order - March 16, 2023
4. Tule River Banks Mandatory Evacuation Order - March 19, 2023
5. Governor Newsom Executive Order N-6-23
6. Governor Newsom Executive Order N-7-23
7. Governor Newsom Executive Order N-10-23
8. Federal Disaster Declaration Fact Sheet - April 3, 2023
9. License to Use State Military Property - April 14, 2023
10. City and County Memorandum of Understanding for
Shelter Support
11. County of Tulare CalOES Shelter Support Request Letter - April 14, 2023
12. License to Use State Military Property - May 16, 2023
13. Federal Disaster Declaration Notice - July 14, 2023
14. Armory Temporary Evacuation Point and Shelter - Daily Census
15. Resolution No. 15-2023
16. Rescue Source & Rescue 3 Invoice: Water Rescue
Equipment
17. Royal Restrooms Invoice: Mobile Shower-Restroom Units
18. Rain for Rent Pump Invoice
19. Mike Clark Trucking Invoice
20. TopKnotch Security, Inc. Agreement
21. Good Guard Security, Inc. Agreement
22. Municipal Code Chapter 9 - Civil Defense and Disaster
23. California Government Code 8558
Item No.
12. Appropriated/Funded:
Review By:
Department Director:
John Lollis, City Manager
Final Approver: John Lollis, City Manager
Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.
Police Department
350 North "D" Street
Porterville, CA 93257
(559) 782-7400/FAX (559) 784-1070
www.PortervillePolice.com
Porterville Police Department Mission Statement
Jake Castellow
Chief of Police
The members of the Porterville Police Department are committed to the safety and security of the community while providing quality service with excellence, honesty and integrity.
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-23
WHEREAS on March 1, 2023, March 8, 2023, March 12, 2023, March 14, 2023, and March 28, 2023, I proclaimed a State of Emergency to exist in 47 counties, cumulatively, as a result of a series of ongoing winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and WHEREAS the State has experienced over a dozen atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including what are expected to be record amounts of snow in the Sierra Nevada, in particular in the southern Sierra, and current and forecasted precipitation are expected to add to historic snowpack levels already composed of several million acre-feet of snow water content; and WHEREAS reservoirs into which the Sierra snowpack runoff would flow are already impacted by runoff, which is expected to greatly exceed available storage capacity in the reservoirs in and around the Tulare Lake Basin and the San Joaquin River Basin, and much of the ground in the area has reached saturation due to the series of ongoing winter storms; and WHEREAS the Tulare Lake Basin is the terminal point for the Kings, Kaweah, Tule, and Kern Rivers, and several smaller streams, meaning that water from additional expected rains and Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and WHEREAS recent storms have already caused flooding in the Tulare Lake Basin, leading to emergency rescues and evacuation orders in Allensworth, Alpaugh, and other communities in Tulare and Kings Counties, and leading to dozens of levee breaks and local agencies directing strategic cuts to canals and levees to prevent further flooding of communities; and WHEREAS runoff from the snowpack caused by the winter storms could result in flood conditions in the Tulare Lake Basin resembling those last experienced in the historic floods of 1969 and 1983, following historic snowpacks in those years; and
WHEREAS local flood control districts and other local governments generally have flood control responsibility in the Tulare Lake Basin, but state agencies such as the California Department of Forestry and Fire Protection (CAL FIRE), the California Department of Water Resources, and the Governor’s Office of Emergency Services are actively engaged in supporting this local effort, and state agencies will continue to provide technical advice and other resources and support as needed, with a particular priority on protecting the lives and health of local communities; and
WHEREAS stretches of the San Joaquin River have been or are at flood stage this spring, river stages are expected to stay high throughout the spring as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin as well; and WHEREAS heavy accumulation of snowfall on the roof of Bear Valley Elementary School, located in Alpine County, currently renders instructional space unsafe for use; and
WHEREAS frequent flooding and flood evacuation orders have resulted in school closures and low student attendance in Pajaro Middle School, Hall District Elementary School and Ohlone Elementary, located in Pajaro Valley Unified School District in Santa Cruz County; and
WHEREAS it is critical that displaced students are back in school facilities as quickly as possible to ensure continuity in education; and WHEREAS the State of California and local governments, in collaboration with the Federal government, continue sustained efforts to respond to and mitigate the effects of these storms; and
WHEREAS on March 9, 2023, I requested a Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by President Joseph R. Biden, Jr.; and
WHEREAS on March 15, 2023, I requested the addition of 9 counties to the existing Presidential Emergency Declaration related to these late winter storms, which was expeditiously approved by the President; and
WHEREAS on March 28, 2023, I also requested the President issue a Major Disaster Declaration related to these late winter storms for counties that met the validated damage threshold; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. All provisions contained in the above-referenced Proclamations of a State of Emergency shall remain in full force and effect.
2. To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake Basin, Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter, are suspended for activities that meet all of the requirements in Paragraph
3. 3. The suspension created by Paragraph 2 shall apply to floodwater diversion, debris removal, and levee repair and breech in the Tulare Lake Basin, on the condition that the actions cease when the flood conditions have abated to the point there is no longer flooding outside of defined streambeds and levees. Additionally, the suspension created by Paragraph 2 shall apply to floodwater diversion only if all of the following additional conditions are met:
a. The diversion of floodwater from the Tulare Lake Basin or rivers or streams flooding the Tulare Lake Basin must occur between March 31, 2023, and August 1, 2023, for flood management purposes.
b. For diversions directly from rivers or streams, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. For diversion of floodwaters in the Tulare Lake Basin (that is, waters no longer contained within a defined streambed or levee), a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures. d. Any water diverted is not diverted to and will not be applied to any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed wetlands.
4. In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspension created by Paragraph 2 should take care, wherever feasible, to protect above-ground infrastructure and drinking water and wastewater infrastructure such as drinking water well field sites, wastewater discharge ponds, and other water resources that are necessary for the protection of human health and the recovery of impacted communities.
5. For purposes of conducting emergency flood preparation and response activities, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake Basin.
6. To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake Basin, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.
7. The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake Basin.
The requirements and period of employment for such appointments will be determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.
8. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to use temporary facilities such as the Alpine County Public Library due to extraordinary snowpack on the roof of Bear Valley Elementary School, rendering instructional space unsafe, the requirements of Education Code sections 17280, et seq., 17365, et seq., and Government Code sections 4453 and 14963 are suspended with respect to those temporary facilities. The requirements of the California Building Code (codified in Title 24 of the California Code of Regulations), as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply to these temporary facilities.
9. To the extent the Alpine County Office of Education and Alpine County Unified School District are required to temporarily use buildings, as defined in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 2, section 202), such as the Alpine County Public Library due to extraordinary snowpack on the roof of the Bear Valley Elementary School, rendering instructional space unsafe, local planning and zoning regulations shall be suspended to allow immediate occupancy of such buildings for use as public school facilities. In addition, the requirements of the California Building Code, as adopted and enforced by the local building and fire agencies with jurisdiction over the area, shall apply, except that the requirements relating to Change of Use or Occupancy Classification in the California Building Code (California Code of Regulations, Title 24, Part 2, Chapter 1, section 111) shall not trigger immediate code upgrades, and a Certificate of Occupancy shall not be withheld for such immediate and temporary use of the facilities as a public school, as long as such facilities met building code requirements at the time of their construction, are accessible to individuals with disabilities, and are judged safe for use by the local building official.
10.Education Code section 60641(a) requiring that all pupils be administered academic assessments in mathematics, English language arts, and science, as provided for in Education Code section 60640, is suspended for the 2022-2023 school year for Pajaro Middle School, Hall District Elementary School and Ohlone Elementary School of the Pajaro Valley Unified School District, if a federal waiver is approved by the United States Department of Education.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 31st day
of March 2023.
________________________________
GAVIN NEWSOM
Governor of California
ATTEST:
________________________________
SHIRLEY N. WEBER, Ph.D.
Secretary of State
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-23
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, and May 15, 2023, I proclaimed a State of Emergency to exist in 52 counties, cumulatively, as a result of a series of winter storms that initially struck California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to further bolster the emergency response to this Late Winter Storms event, particularly in the Tulare Lake Basin that continues to be plagued by historic flooding; and WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS on March 10, 2023, I issued Executive Order N-4-23 to address evolving drought conditions due to the winter storms and to mitigate flooding by facilitating groundwater recharge; and
WHEREAS due to the complexity of the impacts from over a dozen Atmospheric River events since December 2022, including the accumulation of a record snowpack in the Sierra Nevada that is likely to yield record snowmelt runoff, especially in the Tulare Lake Basin, I previously issued Executive Orders identified herein to respond to and recover from the winter storms, and those orders now require updating in-light of the most recent runoff conditions and the State’s more robust and recent modeling of likely flood impacts; and WHEREAS the Tulare Lake Basin includes portions of Fresno, Kings, Tulare, and Kern counties and is the terminal point for the Kaweah, Tule, and Kern Rivers as well as a portion of the Kings River and several smaller streams, meaning that water from Sierra snowpack runoff that cannot be stored in reservoirs or absorbed into the ground will flow into the basin; and
WHEREAS the Tulare Lake Basin is hydrologically connected to the San Joaquin River Basin via the James Bypass and Fresno Slough and that connection has the potential to exacerbate the flood risk in the San Joaquin River Basin, and so further emergency response efforts may become necessary in the San Joaquin River Basin; and
WHEREAS stretches of the San Joaquin River, Chowchilla and Eastside Bypasses, San Joaquin River mainstem and tributaries (Fresno River, Chowchilla River, Merced River, Stanislaus River, and Tuolumne River, hereafter, San Joaquin River Tributaries), and Fresno Slough/James Bypass have been or are at flood stage this spring, river stages are expected to stay high or increase throughout the spring and summer as snowpack melts, and multiple levee repairs are underway on the lower San Joaquin River; and
WHEREAS the Kern River – California Aqueduct Intertie exists to move floodwaters safely from the Kern River into the California Aqueduct, and the Kern River Watermaster on May 10, 2023, requested the use of the Intertie to prevent Kern River floodwater from exacerbating flooding in the Tulare Lake Basin, and state agencies have begun actions to safely enable the diversion of these flood flows; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of these ongoing winter storms.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect except as modified in this Order.
2. Paragraph 2 of Executive Order N-6-23 is withdrawn and replaced by the following:
To protect health, safety, and the environment, and to reduce the risks of local catastrophic flooding in the Tulare Lake or San Joaquin River Basins, the following are suspended for activities that meet the requirements in Paragraph 3.
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter; and
b. Division 13 (commencing with Section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.
3. Paragraph 3 of Executive Order N-6-23 is withdrawn and replaced by the following, except that any diversion in the Tulare Lake Basin that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-6-23 until August 31, 2023:
The suspensions created by Paragraph 2 shall apply to floodwater diversion, floating vegetation and debris removal, and levee repair and breach, in the Tulare Lake or San Joaquin River Basins, on the condition that the actions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
4. Additionally, the suspensions created by Paragraph 2 shall apply to floodwater diversion only if all the following additional conditions are met:
a. Any diversion of floodwaters directly from the (i) Tulare Lake Basin or rivers or streams or bypasses flooding the Tulare Lake Basin or (ii) the San Joaquin River or San Joaquin River tributaries (including Fresno Slough and James Bypass) or San Joaquin River bypasses must occur between March 31, 2023, and August 31, 2023, for flood management purposes.
b. With respect to diversions of floodwaters directly from rivers or streams or bypasses, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
c. With respect to diversions of floodwaters that are no longer contained within a defined streambed or levee, a local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice that areas from which the floodwaters are diverted are either at imminent risk of flooding or already flooded, with potential or existing inundation of land, roads, or structures, or are on lands inundated as a result of actions within subparagraph (a). d. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticide or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purposes of groundwater recharge or managed
wetlands.
e. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion.
f. With respect to diversions of floodwaters directly from the San Joaquin River or San Joaquin River Tributaries, the diversion uses:
i. either existing diversion infrastructure or temporary pumps; ii. no new permanent infrastructure or permanent
construction; and
iii. simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
5. Paragraph 4 of Executive Order N-6-23 is withdrawn and replaced by the following:
In addition to the mandatory conditions set forth in Paragraph 3, any person conducting planned levee breaches or controlled inundation to prevent further catastrophic flooding pursuant to the suspensions created by Paragraph 2 should, wherever feasible, protect aboveground infrastructure and water sources that are necessary for the protection of human health and the recovery of impacted communities.
6. Paragraph 5 of Executive Order N-6-23 is withdrawn and replaced by the following:
For purposes of conducting emergency flood preparation and response activities beyond those provided for in Paragraphs 2 and 3, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Secretary of the Natural Resources Agency concurs that local action is required, and (c) permits necessary to carry out actions under (a) and (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division, are suspended to the extent necessary to address flood impacts in the Tulare Lake or San Joaquin River Basins.
7. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:
To support adequate state staffing for all state agencies and departments with an assigned response and/or recovery role related to flooding in the Tulare Lake or San Joaquin River Basins, consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior supervisors are suspended. Furthermore, reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the flooding in the Tulare Lake Basin. Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.
8. Paragraph 6 of Executive Order N-6-23 is withdrawn and replaced by the following:
The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to flooding in the Tulare Lake or San Joaquin River Basins. The requirements and period of employment for such appointments will be determined by the Office of Emergency Services, but shall not extend beyond the termination date of the State of Emergency.
9. Paragraph 3 of Executive Order N-4-23 is withdrawn and replaced by the following, except that any diversion that is operational as of June 1, 2023, may continue to operate under Paragraph 3 of Executive Order N-4-23 until August 31, 2023:
The suspensions created by Paragraph 2 of Executive Order N-4-23 shall apply to diversions of floodwaters as to which all the following conditions are met:
a. Diversions of floodwaters directly from rivers, streams, or bypasses must occur between March 10, 2023, and August 31, 2023, for flood management and associated groundwater recharge.
b. Diversions of floodwaters no longer contained within a defined streambed must prevent imminent risk of flooding or relieve flooding pressure from land, roads, or structures, already inundated, including as a result of actions within subparagraph (a).
c. A local or regional flood control agency, city, or county has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that waters at or downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures.
d. The diversions cease when the flood conditions have abated to the point there is no longer a risk of, or existing, flooding causing inundation of land, roads, or structures at or downstream of the point of diversion.
e. Any floodwater diverted is not diverted to and will not be applied to:
i. Any barn, ponds, or lands, to which manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied;
ii. Any agricultural field where pesticides or fertilizer application has occurred in the prior 30 days or in the period prohibited by applicable law, whichever is longer; iii. Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems,
drinking water wells or drinking water supplies, or
exacerbate the threat of flood and other health and
safety concerns; or
iv. Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This
limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed
wetlands.
f. With respect to diversions of floodwaters from waters tributary to the Sacramento and San Joaquin River Delta (Delta) as defined in Water Code section 12220 (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species supporting regulatory requirements in the Delta at the time of the diversion.
g. The diversion uses:
i. Either existing diversion infrastructure or temporary pumps; ii. Existing groundwater recharge locations, where available; iii. No new permanent infrastructure or permanent
construction; and
iv. Simple screens installed on temporary pump intakes to minimize the impacts of diversion to salmon and other
aquatic life.
h. The person or entity availing itself of suspensions created by Paragraph 2 of Executive Order N-4-23 files a preliminary report with the Water Board and any applicable Groundwater
Sustainability Agency (GSA) or GSAs for the basin, no later than 14 days after initially commencing diversion of flood flows for groundwater recharge, and a final report with the Water Board and any applicable GSA or GSAs for the basin no later than September 15, 2023. The preliminary and final reports required by this subparagraph shall:
i. Identify the person or entity utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23;
ii. Identify the triggering condition from subparagraph (c) of this paragraph;
iii. Provide the GPS coordinates for the point of diversion, a map identifying the approximate area inundated by the
flood flows, and the corresponding assessor parcel
number(s);
iv. Identify the time when diversions of floodwaters to groundwater recharge commenced, and for final reports,
when diversions ceased; and
v. Provide an estimate, as of the report's date, of the amount of floodwaters diverted utilizing the suspensions created by Paragraph 2 of Executive Order N-4-23.
The Water Board shall post on its internet website all reports received pursuant to this subparagraph.
10. To mitigate the effects of the Late Winter Storms, including by reducing the risks of local catastrophic flooding in the Tulare Lake Basin, Part 2 (commencing with section 1200) of division 2 of the Water Code, exclusive of section 1225, and regulations adopted pursuant to that part, are suspended for diversions of flood flows into the Kern Intertie and ultimately into the California Aqueduct until August 31, 2023, such that applications and permits for water rights shall not be required for such diversions, nor shall such diversions create new water rights or modify existing water rights, to the extent applications or permits would have been required or water rights would have been affected absent this suspension.
11. The Department of Water Resources and State Water Resources Control Board shall (i) communicate to water systems and others any additional information or actions necessary for those systems and others to monitor and be prepared for the addition of Kern River floodwater in the California Aqueduct, and (ii) collaborate on longterm actions that align water rights and flood response, including actions that maximize in-basin groundwater recharge.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 17th day
of May 2023.
_________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY WEBER, PH.D
Secretary of State
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-10-23
WHEREAS the State has experienced over thirty atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada;and
WHEREAS on January 4, 2023, I proclaimed a State of Emergency to exist in California as a result of severe winter storms related to an atmospheric river event beginning on December 27, 2022; and
WHEREAS on March 1, March 8, March 12, March 14, March 28, April 20, May 15, and June 16, 2023, I proclaimed a State of Emergency to exist in 53 counties, cumulatively, as a result of a series of winter storms that initially struc k California beginning in late February and continue to significantly impact the counties identified in my Proclamations; and
WHEREAS on April 21, May 10, July 8, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions, and on February 13, 2023, I issued Executive Order N-3-23 and on March 10, 2023, I issued Executive Order N-4-23, to address evolving drought conditions due to the 2022-2023 Winter Storm Events and mitigate flooding by facilitating groundwater recharge; and
WHEREAS on March 31, 2023, I issued Executive Order N-6-23 to bolster the emergency response to the 2022-2023 Winter Storm Events, particularly in the Tulare Lake Basin that continues to be affected by historic flooding; and WHEREAS on May 17, 2023, and on June 16, 2023, I issued Executive Order N-7-23 and N-9-23, respectively, to further bolster the emergency response to the 2022-2023 Winter Storm Events, in both the San Joaquin River and the Tulare Lake Basins; and
WHEREAS there remains a need for remova l of floating vegetation and debris throughout impacted counties, including stretches of the Salinas River mainstem and tributaries, stretches of the Pajaro River mainstream and tributaries, and coastal streams along the Central Coast region from Santa Cruz County to Ventura County, and that removal must expeditiously occur before the next rainy season begins in fall 2023 in order to mitigate th e risk of additional flooding and allow for continued recovery efforts; and
WHEREAS emergency repairs, debris removal, sediment removal, and vegetation management within waters of the United States are subject to federal approvals from the U.S. Army Corps of Engineers pursuant to section 404 of the federal Clean Water Act (33 U.S.C. § 1344), and the State Water Resources Control Board (Water Board) has previously issued state water quality certifications corresponding to the Corps Regional General Permits 8, 5, or 63 for Repair and Protection Activities in Emergency Situations and the Nationwide Permit 3 for Maintenance Part ( a) for repair, rehabilitation, or replacement of structure of fill (collectively Emergency or Repair Corps Orders), which provide a pathway for emergency activities in many instances (hereinafter referred to as Water Board Emergency or Repair 401 Certification Orders); and WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the 2022- 2023 Winter Storm Events.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. All provisions contained in the above-referenced Proclamations of a State of Emergency and Executive Orders shall remain in full force and effect, except as modified or withdrawn in subsequent proclamations and orders.
2. To protect health, safety, and the environment, and to redu ce the risks of local catastrophic flooding, with respect to activities that _ take place in the San Joaquin River and tributaries, the Tulare Lake Basin and tributaries, including, but not limited to, the Kings, Tule, Kaweah, and Kern Rivers, the Salinas River and tributaries, the Pajaro River and tributaries, and other coastal streams between the Pajaro River (Santa Cruz/Monterey/San Benito Counties), to and including the Ventura River (Santa Barbara/Ventura County), but excluding tributaries to such other coastal streams, the following are suspended, subject to the conditions in Paragraphs 3 and 4, as applicable:
a. Chapter 6 (commencing with section 1600) of Division 2 of the Fish and Game Code, and regulations adopted pursuant to that Chapter.
b. Certain statutes, rules, and requirements applicable to activities under the jurisdiction of the Water Board and the California Regional Water Quality Control Boards (Regional Water Boards) as follows:
i. For an activity in a water of the United States that receives an authorization by the U.S. Army Corps of
Engineers pursuant to section 404 of the Clean Water
Act, any enrollment criteria that may limit the
permitting of the activity under a Water Board
Emergency or Repair 401 Certification Order, including
criteria limiting the scope to only the Emergency or
Repair Corps Orders, conditioned on compliance with
all other provisions set forth in the relevant Water Board Emergency or Repair 40 1 Certification Order.
ii. For an activity not covered by paragraph 2.b.i, sections 13260 and i 3263 of the Water Code, and regulations
adopted pursuant to those sections.
c. Division 13 (commencing with section 21000) of the Public Resources Code, and regulations adopted pursuant to that division.
3. The suspensions in Paragraph 2 apply only to (i) the repair or replacement of existing levees, weirs, and other conveyance and flood-control infrastructure, (ii) debris removal, (iii,) sediment removal, and (iv) vegetation management, provided that the activity meets all of the following conditions, as applicable:
a. The activity is necessary to respond to conditions caused by the 2022-2023 Winter Storm Events and is necessary to avoid future damage from high streamflow events in the upcoming rainy season.
b. Removal of sediment or vegetation or both serves to either reestablish a functional low flow channel or reestablish channel capacity, or clear sediment and debris from the river channel near structures such as bridges.
c. Removal of sediment or vegetation or both is carried out in a manner that (i) does not involve excavation resulting in the establishment of a new low flow channel that did not exist prior to the 2022-2023 Winter Storm Even-ts, (ii) maintains the natural contour of the stream, (iii) maintains the downstream slope of the stream flow line, and (iv) does not impede fish passage or cause fish stranding.
d. Removal of sediment or vegetation or both is limited to portions of the cha nnel that are dry.
e. No more than 30% of the total native vegetation within the stream channel and bank is removed from each river mile. f. Levees are either set back from their previous location (increasing channel capacity) or are rebuilt as configured prior to the 2022-2023 Winter Storm Events.
g. The activity does not involve disposal or placement of flooddelivered sediments into waters of the state or at locations or in a manner where sediments may be washed into waters of the state by rainfall or runoff.
h. The activity minimizes impacts.to beneficial uses of the water body.
i. The activity is completed by November 1, 2023.
4. The suspensions in Paragraph 2.b.ii apply only if the activity meets all of the following further conditions:
a. Th e project proponent shall provide notice to the appropriate Regional Water Board as· early as possible, and no less than forty- _eight (48) hours prior to initiating the project, that includes the scope and location of the activity, a description of the infrastructure, debris, sediment, and vegetation conditions relevant to the·activity, with representative photos, and,_as applicable, a description of how the activity serves to establish a functional low flow channel or reestablish channel capacity.
b. Following a ny accidental discharge of a reportable quantity of a hazardous material (as defined in Health and Safety Code section 25501), sewage, or an unk~own material, the project proponent shall follow the notification and reporting procedures set forth in condition A.3.c of Wafer Quality Order No.' 2019-0044-Exec Clean Water Act Section 401 Water · Quality Certification and Order.
c. The activity shall be undertaken so as to avoid causing a violation of any applicable water quality standards, including impairment of designated beneficial uses for receiving
waters, as adopted in any applicable Regional Water Board or Water Board water quality control plan or state policy for water quality control, but in the event of a violation of water quality standards, the project proponent shall eliminate the source of any such discharge as soon as practicable. Water diversion activities must not result in the degradation of beneficial uses or exceedances of water quality objectives of any of the receiving waters. Any temporary dam or other constructed obstruction must only be built from materials that will cause little or no siltation (e.g., clean gravel). Normal flows must be restored to the affected water immediately upon completion of work at that location.
d. If there is a violation of a water quality standard, the project proponent shall notify the applicable Regional Water Board of any event causing a violation of compliance with water quality standards. Notification may be via telephone, e-mail, delivered written notice, or other verifiable means. This notification must be followed within three (3) working days by submission of a written report that includes the cause of the violation; the location shown on a map; and the period of the noncompliance including exact dates and times. If the
noncompliance has not been corrected, include: the
anticipated time it is expected to continue; the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and a ny monitoring results.
e. If surface water is present, the project proponent shall conduct continuous visual surface water monitoring to detect accidental discharge of construction-related pollutants (e.g., oil and grease, turbidity plume, or uncured concrete).
f. Th e project proponent shall keep all repairs and construction to the minimum necessary to alleviate the emergency
caused by the 2022- 2023 Winter Storm Events and limited to in-kind replacement or refurbishment of on-site features, although the project may undertake minor upgrading if ' bioremediation or other environmentally sensitive solutions are used.
g. The project proponent shall impler:nent effective best management practices to control erosion and runoff from areas associated with the activity, including access roads. All areas of temporary impacts and all other areas of temporary disturbance that could result in a discharge or a threatened discharge to waters of the U.S. and/or state must be restored.
Restoration must include grading of disturbed areas to preproject contours and revegetation with native species. h. Notification of completion, including representative photos showing completion, shall be submitted to the appropriate Regiona l Water Board within 30 days of completion of the activity.
5. To support adequate state staffing for a ll state agencies assigned response and/or recovery role related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County), consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and state management and senior s·upervisors are suspended. Fur·thermore, reinstatement and work hour limitations in Government Code sections 21220, 21224( a), and 7522.56(b), (d), (f), and (g), and the time limitations in Government Code section 19888.1 and California Code of Regulations, title 2, sections 300-303 are suspended. All other restrictions must be adhered to for retired annuitants. The Director of the California Department of Human_Resources must be notified of any individual employed in state government pursuant to these suspensions. The suspension of statutes identified in this Paragraph shall also apply to local governments, as applicable, to ensure adequate staffing to appropriately respond to the damage from the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). Local governmental agencies shall notify the California Public Employees' Retirement System of any individual employed by an agency pursuant to this Paragraph.
6. The limitation for the period of employment for State Personnel _ Board emergency appointments, as provided in Government Code section 19888.1, is suspended for positions required for emergency response and/or recovery operations related to the 2022-2023 Winter Storm Events in coastal streams including and between the Pajaro River (Santa Cruz/Monterey/San Benito Counties) and the Ventura River (Santa Barbara/Ventura County). The requirements and period of employment for such appointments will be
determined by the Office of Emergency Services but shall not extend beyond the termination date of the State of Emergency.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed with the Office of the Secretory of State and that widespread publicity and notice be given to 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 hove hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of August 2023.
-
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
April 14, 2023
Ms. Nancy Ward
Director, Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Dear Director Ward,
Tulare County appreciates the Office of Emergency Services’ tireless work to support the response to and recovery from DR-4699 in our County and the surrounding region.
Specifically, your negotiation of an ongoing incident period and the expeditious approval of individual assistance programs have been particularly valuable to the affected communities as we continue to recover from storm damages, repair distressed and weakened waterways, and prepare for the impending historic snowmelt runoff.
As current snow moisture content in local watersheds is estimated at over 300% of the historical average, total inflows to local reservoirs through April and July are expected to exceed three times the reservoir capacity. Local reservoir and waterway operators continue to aggressively release water at or near full capacity to make space for the anticipated inflows and prevent a return to spillway flows, while balancing needs of downstream operators to conduct emergency repairs. As a result, a number of homes, agricultural properties, and public spaces remain inundated with floodwater, and more homes may be affected because of the new snowmelt conditions. Specifically, we anticipate similar or worse conditions as a result of the snowmelt.
Tulare County is concerned that current sheltering for individuals affected by inundation and/or evacuation orders, including previously displaced individuals who remain under an evacuation order, may be limited in duration, especially during the current intervening period between storm and snowmelt-induced flooding incidents within the disaster.
Tulare County has entered into an agreement with the City of Porterville to maintain the last remaining emergency evacuation shelter site in the County. The California Department of Social Services and Volunteer Emergency Services Team have pledged support to provide staff and services for only two weeks at this shelter. Forty Tulare County residents who have been displaced due to flood activities are staying at this site. Because the support from CDSS and VEST is limited, the County is concerned that it may not be able to continually fund and staff the ongoing shelter projects. Our concern is the ongoing financial and logistical burden to the County and the incorporated cities therein.
As we are sure that you are aware, emergency protective measures, flood control activities, and damage assessments are being conducted because of the flood conditions in Tulare County. These efforts go hand-in-hand with ensuring that County residents are safe, Office of Emergency Services
5957 South Mooney Boulevard, Visalia, California 93277
(559) 624-7495 Telephone (559) 737-4692 Facsimile
fed, and warm. The State’s cooperation in keeping funding and support from the Department of Social Services and VEST beyond the initial two weeks available for emergency sheltering of Tulare County Residents is vital. Your support in ensuring ongoing funding and logistical support for these critical emergency protective measures is greatly appreciated.
Sincerely,
Andrew Lockman
Office of Emergency Services Manager
Porterville Army National Guard Armory
Temporary Evacuation Point and Shelter
Daily Census
Date: Adults: Youth: Dogs:
Friday, May 5, 2023 12 0 1
Saturday, May 6, 2023 10 0 0
Sunday, May 7, 2023 10 0 0
Monday, May 8, 2023 15 0 1
Tuesday, May 9, 2023 12 0 0
Wednesday, May 10, 2023 8 0 0
Thursday, May 11, 2023 9 0 0
Friday, May 12, 2023 9 0 0
Saturday, May 13, 2023 7 0 0
Sunday, May 14, 2023 6 0 0
Monday, May 15, 2023 13 0 0
Tuesday, May 16, 2023 11 3 4
Wednesday, May 17, 2023 11 3 4
Thursday, May 18, 2023 16 3 4
Friday, May 19, 2023 11 0 3
Saturday, May 20, 2023 14 0 5
Sunday, May 21, 2023 12 0 4
Monday, May 22, 2023 14 0 3
Tuesday, May 23, 2023 14 5 3
Wednesday, May 24, 2023 16 3 3
Thursday, May 25, 2023 13 1 6
Friday, May 26, 2023 18 4 3
Saturday, May 27, 2023 16 5 5
Date: Adults: Youth: Dogs:
Sunday, May 28, 2023 16 1 3
Monday, May 29, 2023 18 1 3
Tuesday, May 30, 2023 19 1 6
Wednesday, May 31, 2023 17 1 3
Thursday, June 1, 2023 19 1 7
Friday, June 2, 2023 17 1 7
Saturday, June 3, 2023 16 1 4
Sunday, June 4, 2023 20 1 8
Monday, June 5, 2023 20 1 6
Tuesday, June 6, 2023 22 1 10
Wednesday, June 7, 2023 23 1 9
Thursday, June 8, 2023 22 1 7
Friday, June 9, 2023 22 1 10
Saturday, June 10, 2023 15 1 6
Sunday, June 11, 2023 26 1 9
Monday, June 12, 2023 18 1 7
Tuesday, June 13, 2023 24 1 4
Wednesday, June 14, 2023 21 1 7
Thursday, June 15, 2023 20 1 4
Friday, June 16, 2023 28 1 6
Saturday, June 17, 2023 20 1 7
Sunday, June 18, 2023 24 1 4
Monday, June 19, 2023 21 0 8
Tuesday, June 20, 2023 28 0 6
Wednesday, June 21, 2023 28 0 4
Thursday, June 22, 2023 22 0 4
Friday, June 23, 2023 27 0 4
Date: Adults: Youth: Dogs:
Saturday, June 24, 2023 26 0 4
Sunday, June 25, 2023 24 0 3
Monday, June 26, 2023 23 0 4
Tuesday, June 27, 2023 30 0 5
Wednesday, June 28, 2023 26 0 6
Thursday, June 29, 2023 27 0 5
Friday, June 30, 2023 25 0 5
Saturday, July 1, 2023 27 0 9
Sunday, July 2, 2023 25 3 3
Monday, July 3, 2023 24 3 3
Tuesday, July 4, 2023 20 3 4
Wednesday, July 5, 2023 28 2 6
Thursday, July 6, 2023 28 2 5
Friday, July 7, 2023 27 2 6
Saturday, July 8, 2023 28 2 5
Sunday, July 9, 2023 36 2 3
Monday, July 10, 2023 28 2 3
Tuesday, July 11, 2023 34 2 4
Wednesday, July 12, 2023 35 2 2
Thursday, July 13, 2023 47 2 7
Friday, July 14, 2023 27 2 0
Saturday, July 15, 2023 24 2 2
Sunday, July 16, 2023 24 2 3
Monday, July 17, 2023 26 2 1
Tuesday, July 18, 2023 26 2 2
Wednesday, July 19, 2023 21 2 1
Thursday, July 20, 2023 21 2 1
Friday, July 21, 2023 22 0 0
Saturday, July 22, 2023 22 0 0
Sunday, July 23, 2023 22 0 0
Monday, July 24, 2023 21 0 0
Tuesday, July 25, 2023 22 0 0
Wednesday, July 26, 2023 20 0 0
Thursday, July 27, 2023 27 0 0
Friday, July 28, 2023 25 0 0
Saturday, July 29, 2023 22 0 0
Sunday, July 30, 2023 22 0 0
Monday, July 31, 2023 24 0 0
Tuesday, August 1, 2023 21 0 0
Wednesday, August 2, 2023 19 0 0
Thursday, August 3, 2023 20 0 0
Friday, August 4, 2023 19 0 0
Saturday, August 5, 2023 26 0 0
Sunday, August 6, 2023 22 0 0
Monday, August 7, 2023 20 0 0
Tuesday, August 8, 2023 25 0 3
Wednesday, August 9, 2023 23 0 3
Thursday, August 10, 2023 20 0 3
Friday, August 11, 2023 23 0 5
Saturday, August 12, 2023 22 0 5
Sunday, August 13, 2023 29 0 6
Monday, August 14, 2023 25 0 5
Tuesday, August 15, 2023 21 0 5
Wednesday, August 16, 2023 23 0 6
Thursday, August 17, 2023 23 0 5
Friday, August 18, 2023 22 0 5
Saturday, August 19, 2023 23 0 5
Sunday, August 20, 2023 21 0 4
Monday, August 21, 2023 25 0 5
Tuesday, August 22, 2023 22 0 5
Wednesday, August 23, 2023 27 0 5
Thursday, August 24, 2023 22 0 5
Friday, August 25, 2023 25 0 5
Saturday, August 26, 2023 23 0 4
Sunday, August 27, 2023 25 0 5
Monday, August 28, 2023 23 1 5
Tuesday, August 29, 2023 24 1 6
Wednesday, August 30, 2023 22 2 6
Thursday, August 31, 2023 18 2 5
Friday, September 1, 2023 17 2 5
Saturday, September 2, 2023 20 2 5
Sunday, September 3, 2023 20 2 5
Monday, September 4, 2023 21 2 5
Tuesday, September 5, 2023 22 2 5
Wednesday, September 6, 2023 15 2 3
Thursday, September 7, 2023 16 2 4
Friday, September 8, 2023 18 2 4
Saturday, September 9, 2023 19 2 4
Sunday, September 10, 2023 20 2 5
Monday, September 11, 2023 20 2 5
Tuesday, September 12, 2023 24 2 5
Wednesday, September 13, 2023 24 2 5
Thursday, September 14, 2023 21 2 5
Friday, September 15, 2023 26 2 5
Saturday, September 16, 2023 28 2 5
Sunday, September 17, 2023 26 2 5
Monday, September 18, 2023 22 2 5
Tuesday, September 19, 2023 24 2 5
Wednesday, September 20, 2023 26 2 5
Thursday, September 21, 2023 30 2 5
Friday, September 22, 2023 23 2 5
Saturday, September 23, 2023 20 2 5
Sunday, September 24, 2023 26 2 5
Monday, September 25, 2023 20 2 4
Tuesday, September 26, 2023 20 2 4
Wednesday, September 27, 2023 24 2 4
Thursday, September 28, 2023 22 2 4
Friday, September 29, 2023 17 2 4
Saturday, September 30, 2023 20 2 4
Sunday, October 1, 2023 23 2 4
Monday, October 2, 2023 20 2 4
Tuesday, October 3, 2023 18 2 4
Wednesday, October 4, 2023 22 2 4
Thursday, October 5, 2023 24 2 7
Friday, October 6, 2023 21 2 5
Saturday, October 7, 2023 18 2 5
Sunday, October 8, 2023 19 2 5
Monday, October 9, 2023 20 2 5
Tuesday, October 10, 2023 19 2 5
Wednesday, October 11, 2023 22 2 5
Calwen Inc. dba Rescue Source & Rescue 3
P.O. Box 1050
Wilton, CA 95693
Phone: 916-687-6556
Fax: 916-687-6717
Email: [email protected]
Calwen Inc. dba Rescue Source &
Rescue 3 Intl
Invoice
Order # Date
131282 03/20/2023
PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Phone: 559-782-7526
Email: [email protected] Contact: JANIE RODRIGUEZ PO Number: 23-22733
Bill To: Ship To:
PORTERVILLE FIRE DEPARTMENT
40 W CLEVELAND
PORTERVILLE, CA 93257
Customer: PORTERVILLE FIRE DEPARTMENT
Sales Rep Payment Terms FOB Point Carrier Ship Service Date Scheduled MELISSA NET 30 Origin UPS Next Day Air 03/20/2023
Item
# Type Number Description Unit Price
Qty
Ordered Total Price
1 Kit KT2210 PFD TYPE V PACKAGE $250.00 20 ea $ 5,000.00 2 Sale PF4026R NRS 2022 RAPID RESCUER RED $0.00 20 ea $ 0.00 3 Sale KN2556OR NRS PILOT KNIFE ORANGE $0.00 20 ea $ 0.00 4 Sale WH7905 WHISTLE-RESCUE 3 LOGO WITH COIL $0.00 20 ea $ 0.00 5 Sale HL7050HVL/XL RQ3 STORM PRO HELMET HI VIS
LARGE/XLARGE
$32.00 20 ea $ 640.00
6 Shipping Freight Freight Out $256.00 1 ea $ 256.00
7 Sale Tax Expense Tax Expense $521.70 1 ea $ 521.70
Total:
Subtotal:
Sales Tax:
$6,417.70
$0.00
$6,417.70
March 20, 2023 10:55:08 AM PDT Page 1 of 1
Thank you for your order.
If you have any questions please call 800-457-3728
or e-mail [email protected].
Rain For Rent
Bakersfield
4001 State Rd
Bakersfield CA 93308
United States
661-399-1724
24/7 Emergency 800-742-7246
www.rainforrent.com
Your sales person
JESSE PINTOR
REMIT PAYMENTS TO:
RAIN FOR RENT
FILE 52541
LOS ANGELES, CA 90074-2541
INVOICE Rain for Rent
3/30/2023 23-22734
112354
CITY OF PORTERVILLE
PAYMENT
DUE
PO or JOB#
1854595 4/29/2023
PLEASE PAY
ADDRESS
ADDRESS
NAME
CUSTOMER #
CUSTOMER
CONTRACT # 1169502
CITY OF PORTERVILLE
NAME CITY OF PORTERVILLE
SHIPPED TO JOBSITE:
291 N MAIN ST
PORTERVILLE CA 93257
INVOICE# INVOICE DATE
Corporation Yard
555 N Prospect St
Porterville CA 93257
$77,396.67
PHONE PHONE
Notes:
Requested by: Michael Knight
PO Number: 23-22734
QTY UOM DESCRIPTION PRODUCT # STATUS DATE
OUT
BILLED
THRU
DAYS PRICE AMOUNT TAXABLE
BILLED
1.00 EA Pump BA150E D285 Tlr Mt Diesel 0.00 $65,685.06 Y Eng Hatz 4H50TIC
1022734 SALES $65,685.06
1.00 EA Shipping/Handling 0.00 $5,158.57 Y
Freight
M240 SERVICES $5,158.57
TOTAL RENTALS:
TOTAL SALES:
TOTAL SERVICES:
SUBTOTAL:
$65,685.06
$5,158.57
$70,843.63
$0.00
TOTAL OTHER: $0.00
TAX: $6,553.04
FOR PROPER CREDIT, PLEASE INCLUDE INVOICE NUMBER ON YOUR PAYMENT.
PAST DUE AMOUNTS ARE SUBJECT TO A SERVICE CHARGE OF 1.50% CUSTOMER, (RENTEE OR BUYER as context requires), shall be deemed to accept all terms, conditions and provisions hereof upon execution of this agreement; ordering; or delivery of equipment to customer, whichever comes first.
SIGNATURE: _____________________________ DATE: ___________________ TOTAL: $77,396.67
PAYMENT TERMS: NET 30
Printed Date: 3/30/2023 Page 1 of 1
AG
5/5/23
X*
*Payment to be issued upon completion of a City of Porterville Business License Application AG
AG 5/5/23
5/5/23
1 | Page
www.GoodGuardSecurity.com1-800-651-0491
Client Service Address: 29 N Plano St, Porterville, CA 93257 Client Billing Address: 29 N Plano St, Porterville, CA 93257 Service Hours: 7 Day(s) / 07:30 PM - 08:30 AM / 13 Hours / Monday - Sunday Location Contact &
Telephone Number:
Email:
Amy Graybehl
559-782-7521
[email protected]
Rate (U.S. Dollars):
Holiday Rate
$28.95 (Per Hour Per Guard)
$43.45 (Per Hour Per Guard)
Service Commencement
Date:
07/17/2023
@ 07:30 PM
Payment Terms: Bi-weekly
Permanent/Temporary: Permanent 3 Month Minimum (30 Day Cancellation Notice) Uniform: Professional Security Uniform
Additional Charges: N/a
Security Service
Description:
2 Professional Unarmed Guard(s)
1 Guard will be intaking clients and the other guard will be patrolling the facility.
Note: Providing a visual deterrent to any outside danger. Security officers will make sure there isn’t anyone vandalizing the premises, or trying to break into the property. Loss prevention.
This SECURITY SERVICES AGREEMENT (“Agreement”) is entered into upon mutual execution hereof by and between GOOD GUARD SECURITY, a California corporation, Private Patrol Operator (PPO) License #120362 (hereinafter, “Company”) and City of Porterville (hereinafter, “Client”), with respect to the following:
1. RATES: Service Rates are subject to adjustment for any change in any law, causing a change in work hours, wage rates, working conditions or other costs to Company.
2. PAYMENT: Invoices will be submitted either bi-weekly or monthly, upon mutual agreement between Company and Client, and are payable on receipt at the address on the invoice. A late charge of 1 ½ % per month will be added to balances not paid within seven days.
3. EMPLOYEES: (a) Personnel supplied by Company are its employees and not Client’s. Company is solely responsible for social security, unemployment and similar taxes applicable to its employees.
(b) Company is a Federal Government Contractor and complies with Executive Order 11246, as amended: Section 503 of the Rehabilitation Act of 1973, as amended: Section 402 of Vietnam era Veterans’ Readjustment Assistance Act of 1974 and related regulations. Company’s employees will be assigned without regard to race, color, creed, sex, and national origin, handicap conditions that do not impair job performance or veteran status. (c) Client may reasonably remove any employee assigned provided such removal is not in violation of law. In the event any employee is removed at Client’s request, Client agrees to indemnify and hold Company harmless from any claims, demands, liabilities, judgments, losses, suits, damages, fines, penalties, and expenses including reasonable attorney’s fees and defense costs (hereinafter collectively “Claim(s)”) that may arise there from.
4. OVERTIME: Overtime rates shall apply to work on New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; work on any additional holidays listed and any extra hours exceeding 8-hours a day or 40-hours per week. Coverage for labor disputes, civil disorders or natural disaster, or special assignment or agreement is not included except as described in the Service Rate Classification. Additional overtime rates shall not apply to situations where an employee of Company already on-duty covers hours for a “called-off” employee and thus works over 8-hours in his/her shift.
5. PROPERTY/EQUIPMENT: All property and equipment furnished by Company for performance of its services under this Agreement, regardless of whether portable or stationary, shall be considered the personal property of Company, and shall remain the personal property of Company after termination of this Agreement. Upon the termination of this Agreement, the Company shall have reasonable access and time to remove its property from Client’s property. Client shall not be responsible for any of Company’s personal property which is stolen, damaged or missing from the property in the absence of Company’s supervision.
6. KEYS/ACCESS: Company shall not be provided a master key (or its equivalent) to the property or any portion thereof, except for such location(s) that are to be exclusively used by Company’s guards or other personnel. Notwithstanding anything to the contrary in this Agreement, Company shall not be responsible for any damages including, without limitation, any costs incurred in re-keying or changing locks caused by the loss or theft of such key(s).
7. NON-COMPETITION: Client, its affiliates, agents, and other related persons or entities hereby agree not to hire any Company staff, employees, or personnel for a period of at least one (1) year after such person has terminated his/her employment with Company. Client further agrees not to prepare to engage in competition with Company, solicit, 2 | Page
www.GoodGuardSecurity.com 1-800-651-0491
divert, poach, or encourage any of the Company staff, employees, or personnel to stop working with Company, or to solicit, divert, poach, encourage, or facilitate them to work with Client, any affiliate of Client, or any related person or entity of Client. Client recognizes that Company has a significant investment in the recruitment and training of it employees and guards to be providing services under this Agreement, and that these personnel are a valuable asset to Company. As it is impractical and extremely difficult to fix the actual damages which may result from the loss of such employees and guards, Client agrees that if Client (or its affiliates, agents, and other related persons or entities) is in breach of this section of the Agreement, then Client shall be required to pay to Company for each such employee (or former employee employed by Company) the sum of $7,500.00. Such fee is expressly agreed to be considered liquidated damages, and not a penalty.
8. LIABILITY AND INDEMNITIES: (a) Client agrees that Company is not an insurer and that the amounts payable hereunder are based upon the value of service offered and not the value of Client’s interests being protected or the property of Client or others located on Client’s premises. Accordingly, Company undertakes no liability to Client and makes no representation, express or implied, that its service will prevent occurrences or their consequences, which result in loss or damage. (b) Client agrees that Company shall not be liable for any claims incurred or asserted by Client, irrespective of origin, to persons or property, whether directly or indirectly caused by performance or nonperformance of obligations imposed by this agreement or by negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (c) The services provided under this Agreement are solely for the benefit of Client and neither this Agreement nor any services rendered hereunder confer any rights on any other party as a third-party beneficiary or otherwise and Client agrees to indemnify and hold Company harmless from and against any claims made by a third party(s), including, but not limited to, injury, death or damage or loss of property, arising from the negligent acts or omissions, including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (d) If, at Client’s request, Company employees undertake duties or are requested to use equipment or vehicles other than as agreed to in writing by Company, Client shall be solely responsible for and shall indemnify and hold Company harmless from and against any claims arising there from, including, but not limited to, claims arising from the negligent acts or omissions including those relating to the hiring, training, supervision or retention of personnel, of Company, its agents or employees. (e) Client hereby waives any and all rights of subrogation that any insurer of Client may have against Company. (f) Where Company is entitled to indemnification, Company shall have the right to tender defense of the claim to Client.
9. FORCE MAJEURE: The obligations of Company hereunder may be suspended during any period where performance is prevented by acts of God, civil or labor disturbances, or events beyond Company’s reasonable economic control.
10. HAZARDOUS OR DEFECTIVE CONDITIONS/MATERIALS: (a) Client agrees that it will comply with OSHA Hazard Communication Standards and will indemnify and hold Company harmless from all claims, including injuries to Company’s employees arising out of a condition existing at Client’s premises or Client’s violation of any safety or health related law or regulation. (b) Client further agrees to: (1) make available to Company the Material Safety Data Sheet for each hazardous chemical to which Company’s employees may be exposed at Client’s premises; (2) inform company of (A) precautionary measures that need to be taken to protect Company’s employees and (B) Client’s hazardous material labeling system.
11. INSURANCE: Client agrees to assume all risk of loss or damage to its premises, business and property of others on Client’s premises occurring as a result of fire, theft or other casualty and Client agrees that it will maintain insurance to fully protect Client against such loss or damage. Accordingly, Client waives its right of recovery against Company of any such loss or damage, however caused.
12. TERMINATION OF SERVICES: Except as otherwise provided in this Agreement, this Agreement may be terminated for non-performance by either party, provided that such party has given the others reasonable time to correct any instances of such non- performance. If either party fails to correct such non-performance, the Agreement may be terminated, provided that such party has given the others at least thirty (30) days advance written notice of such intention. Notwithstanding the foregoing and for all other intentions, termination of services by Client must be preceded by at least thirty (30) days advance written notice of such intention to terminate services. Minimum 3-Month Service Agreement from start date.
13. ENTIRE AGREEMENT AND INTERPRETATION: This Agreement constitutes the entire agreement and understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force or effect. This Agreement shall be governed under the law of the State of its performance and if any provision shall conflict therewith, such provision shall be interpreted to remove such conflict, so that this Agreement and all its other provisions shall remain in full force and effect.
14. DEFAULT: Company may terminate this Agreement immediately and exercise such other rights and remedies as permitted by law, if Client fails to pay any amount when due or if any proceeding is commenced or threatened by or against Client under the Bankruptcy Code or any other Debtor’s law, or if Client makes or threatens to make an assignment for the benefit of creditors.
IN WITNESS WHEREOF, the parties by their duly authorized representatives have signed this Agreement as of the date first above written:
By GOOD GUARD SECURITY:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) By CLIENT:
___________________________________________________________________________________________________________ (Authorized Representative Signature) (Print Name & Title) 3 | Page
www.GoodGuardSecurity.com 1-800-651-0491
Brady Osorto / Business Development Manager
State of California
GOVERNMENT CODE
Section 8558
8558. Three conditions or degrees of emergency are established by this chapter:
(a) “State of war emergency” means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that an enemy attack is probable or imminent. (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the Public Utilities Commission.
(c) (1) “Local emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage or deenergization event that requires extraordinary measures beyond the authority vested in the Public Utilities Commission. (2) A local emergency proclaimed as the result of a deenergization event does not trigger the electric utility obligations set forth in Public Utilities Commission Decision 19-07-015 or its successor decisions as related to deenergization events. A local emergency proclaimed as the result of a deenergization event does not alter the electric utilities’ Public Utilities Commission-approved cost-recovery mechanisms for their own costs associated with deenergization events.
(Amended by Stats. 2022, Ch. 537, Sec. 1. (SB 468) Effective January 1, 2023.)