Porterville City Council
November 21, 2023

City Council Agenda November 21, 2023

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
NOVEMBER 21, 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
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of November 21, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/89417187705?pwd=SToj9BQ8G1Eg6dU1R_V4oZJhb4gqYA.sWM5t3z RB847i8Qx
Or via Telephone: 1-669-900-6833 Webinar ID: 894 1718 7705 Passcode: 951010 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claim: Claimant: Laura Phifer. Agency claimed against: City of Porterville.

2 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two cases in which facts are not yet known to potential plaintiff.
3 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

ORAL COMMUNICATIONS
City Council Agenda November 21, 2023

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 - November 2, 2023

2. Library & Literacy Commission - November 14, 2023

3. Arts Commission - October 24, 2023

4. Animal Control Commission

5. Youth Commission - November 8, 2023

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

1. Water Conservation Phase III Status Update - October 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. Approval of Draft Minutes of November 7, 2023
Re: Considering approval of the City Council draft Minutes of November 7, 2023.

2. Authorization to Purchase Additional Water Shares or Surface Water for Groundwater Recharge
Re: Consider authorization to purchase up to $1.5 million in additional water shares or surface water for groundwater recharge for the 2023-2024 Fiscal Year.

3. Authorization to Advertise for Bids - City Pool Improvements Re: Consideration to authorize the distribution of a Request for Qualifications for improvements to the Municipal Pool located at Murry Park.

4. Authorization to Advertise for Bids - Veterans Park Multi-Use Trail, Phase 2 Project Re: Consideration to approve staff's recommended Plans and Project Manual and advertise for bids on the Veterans Park Multi-Use Trail located along the south and east portions of Veterans Park.

5. Authorization to Advertise for Statement of Qualifications for Architectural/Engineering Services for the Porterville Municipal Airport Re: Authorizing staff to advertise for Statement of Qualifications for services to provide technical and professional services for the preparation of plans, specifications, special City Council Agenda November 21, 2023

studies, and analyses for the various capital improvement projects at the Porterville Municipal Airport.

6. Authorization to Execute Consultant Agreement - Olive Avenue & Porter Road/Cloverleaf Street Traffic Signal Design
Re: Approving a Consultant Service Agreement for the Olive Avenue & Porter Road/Cloverleaf Street Traffic Signal Project Design with 4Creeks, Inc in the amount of $156,480; progress payments up to 100%; and appropriating an additional $46,880 of Special Gas Tax to fully fund the project.

7. Authorization to Execute Consultant Agreement - Hayes Field Lighting Project Re: Approving a Consultant Service Agreement for the Hayes Field Lighting Project with Green Energy Innovations in the amount of $860,050; authorizing an additional $86,005 for contingency, construction management, surveying, quality control and inspection services; and authorizing an appropriation of $196,055 from the Capital Construction/Improvement Designated Fund to fully fund the project.

8. Authorization to Execute Consultant Agreement - Newcomb Street & Mulberry Avenue Traffic Signal Design
Re: Approving a Consultant Service Agreement for the Newcomb Street & Mulberry Avenue Traffic Signal Project Design with 4Creeks, Inc in the amount of $139,139 and authorizing progress payments up to one hundred percent (100%) of the contract amount.

9. Selection of On-Call Engineering Consultants to Add to Current List Re: Consider providing authorization to staff to negotiate contracts with Carollo, Peters Engineering Group, Provost & Pritchard, HydroScience, DPSI, and Borrelli & Associates for on-call engineering consulting services.

10. Approval of Community Civic Event - Porterville Kiwanis Club - Food Trucks in the Park - December 2, 2023
Re: Consideration to approve the Community Civic Event Application submitted by the Porterville Kiwanis Club to hold a "Food Trucks in the Park" event at Veterans Park on December 2, 2023, from 10:00 AM to 6:00 PM.

11. City Council Member Requested Agenda Item - Consider Potential Modification to Article IV, Section G "Requests for Proclamations" Contained in the City Council Procedural Handbook
Re: Considering a request by Council Member Weyhrauch to add an item to the City Council meeting Agenda for December 5, 2023, to consider potential modification to Article IV, Section G "Requests for Proclamations" contained in the City Council Procedural Handbook.

12. City Council Member Requested Agenda Item - Consider a Draft Resolution Affirming the City's Commitment to the Principles of Individual Liberty, Conscience Rights, and Medical Freedom
Re: Considering a request by Council Member Meister to add an item to the City Council meeting Agenda of December 5, 2023, to consider a draft Resolution affirming the City's commitment to the principles of individual liberty, conscience rights, and medical freedom.

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

City Council Agenda November 21, 2023

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

PUBLIC HEARINGS

14. Public Hearing and Consideration of Establishing New City Sewer Rates Re: Receiving public comment and consideration of increased City sewer rates.

15. Public Hearing and Consideration of Establishing New Solid Waste Rates Re: Receiving public comment and the consideration of an increase in the City's solid waste rates.

16. Public Hearing and Consideration of Establishing Recycled Water and Meter Rates Re: Receiving public comment and the consideration of establishing recycled water and meter rates pursuant to the Proposition 218 process.

SCHEDULED MATTERS

17. 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 - November 8, 2023

2. CalVans Board - November 9, 2023

3. Tulare County Water Commission - November 13, 2023 - CANCELLED

4. Social Services Transportation Advisory Council (SSTAC) Meeting - November 14, 2023

5. Tulare County Task Force on Homelessness - November 15, 2023

6. Tulare County Regional Transit Agency (TCRTA) Board Meeting - November 15, 2023

7. Council of Cities - November 15, 2023 - CANCELLED

8. Library Facility Planning Committee Meeting - November 16, 2023

9. Porterville Area Development Authority (PADA) Meeting - November 17, 2023

10. Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - November 20, 2023 - CANCELLED

ORAL COMMUNICATIONS

OTHER MATTERS

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

City Council Agenda November 21, 2023

ADJOURNMENT - to the meeting of December 5, 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 – NOVEMBER 21, 2023
SUBJECT: 1. Water Conservation Phase III Status Update - October 2023 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of October 1, 2023. The Water Conservation Plan applies to all municipal water users within or outside the city limits.

The Phase IV plan reduces outdoor watering to one day per week, with "odd" addresses allowed to water on Saturday and "even" addresses allowed to water on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed on Monday, Tuesday, Wednesday, 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 October 2023 show that eight notices of violations were issued for water wasting, and nineteen (19) administrative citations were issued.

Water production for October 2023 reflects a three percent (3%) decrease from the 5-year average. The monthly production for October was 307 million gallons, which is a twenty-four percent (24%) decrease compared to October 2013 at 402 million gallons. Residential consumption for October 2023 was 111 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 October 2015 through October 2023. Porterville's cumulative total production conservation through October 2023 is twenty percent (20%).

The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from October 2015 through October 2023. Porterville's cumulative total GPCD conservation through October 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 three (3%) decrease from October 2022 to October 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 N10-21.

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

2. Monthly Production Status GPCD October 2023

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

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

0.00 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 October 2023 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
5 Year AVG
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 October 2023 Production Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.

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

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

WATERING PROHIBITED

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

NO WATERING

MONDAY THROUGH
FRIDAY.

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

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

OR
Item No.

1. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Approval of Draft Minutes of November 7, 2023
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of November 7, 2023.

RECOMMENDATION: That the Council approve the draft Minutes of November 7, 2023.

ATTACHMENTS: 1. Draft Minutes 11-07-2023
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
NOVEMBER 7, 2023, 5:30 PM
Call to Order at 5:30 p.m.

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

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: 53 North Main Street, Porterville, Ca. Agency Negotiator:

John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Sam Zenz. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 268-100-005. Agency Negotiators: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Thomas J. and Deborah L. O' Sullivan Trust. Under Negotiation: Terms and Price. 3 - Government Code Section 54956.95 – Liability Claim: Claimant: Eduardo Velasquez. Agency Claimed Against: City of Porterville. 4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiffs.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Four (4) cases. 6:45 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE

ACTION TAKEN IN CLOSED SESSION

City Attorney Lew reported action pertaining to A-3, as follows:

A-3. On a MOTION made by Council Member Weyhrauch, and SECONDED by Vice Mayor Carrillo, the City Council unanimously rejected the claim filed by Eduardo Velasquez.

Documentation: M.O. 01-110723
Disposition: Claim rejected.

The Pledge of Allegiance was led by Mayor Flores.

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

PRESENTATIONS
Police Department's Special Methods and Resources Team

ORAL COMMUNICATIONS
• Ed McKervey, Porterville, lauded the SMART Program presentation and asked what the community can do to assist. He also stated that the rule of law must be restored in the city.
• Randy Minnick, Porterville, voiced concern with a 30-day notice he received from the City concerning the repair of the sidewalk, curbs and/or gutters adjacent to his property and declared that the City owned the property in question. • Brock Neeley, Porterville, presented the Council with documentation regarding the American Conservatory non-profit; and stated that the Police Department should be aware of a ballot in the March Primary that could assist in funding the SMART Program.
• Gale Nuckols, Porterville, voiced concern with the high amount of traffic that occurs near the Eagle Mountain Casino.
• Kristy Martin, Porterville Chamber of Commerce, reported on board member changes, stated annual statistics and membership numbers which could be found on its website, said the State of the City Address will be presented at the First Friday Coffee event, and discussed business after hours, ribbon cuttings, and the Shop Local Program.

REPORTS
I. Staff Informational Reports
Charitable Car Washes Quarterly Report Calendar Year 2023 Code Enforcement Quarterly Report FY 2023-2024 (July - September 2023) Golf Course Quarterly Report FY 2023-2024 (July - September 2023) Ohv Park Quarterly Report FY 2023-2024 (July - September 2023) Building Permit Activity Quarterly Report FY 2023-2024 (July - September 2023) Street Performance Measure Quarterly Report FY 2023-2024 (July - September 2023) City Commission And Committee Attendance Quarterly Report FY 2023-2024 (July - September 2023)
City Council Member Appointments Attendance Quarterly Report FY 2023-2024 (July - September 2023)
Proclamation Issuance Quarterly Report FY 2023-2024 (July - September 2023)

CONSENT CALENDAR

Item Nos. 11, 12, and 16 were removed for further discussion at the request of Council Member Weyhrauch.

COUNCIL ACTION: MOVED by Council Member Donald Weyhrauch, SECONDED by Vice Mayor Kellie Carrillo that the City Council approve Items Nos. 1-10, 13-15, and 17-22. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF JULY 18, 2023, OCTOBER 3, 2023, AND OCTOBER 17, 2023
Recommendation: That the Council approve the draft Minutes of July 18, 2023, October 3, 2023, and October 17, 2023.

Documentation: M.O. 02-110723
Disposition: Approved.

2. REQUEST TO PURCHASE COMMUNICATION EQUIPMENT
Recommendation: That the City Council approve the purchase of ten (10) BKR500-P Series Portable Radios, including necessary accessories such as antennas, batteries, chargers, and external microphones from Cooks Communications for $26,505.99 plus a ten percent (10%)
contingency totaling $29,156.59; utilizing funds from the Fire Department's equipment replacement account.

Documentation: M.O. 03-110723
Disposition: Approved.

3. AUTHORIZATION TO EXECUTE AN AGREEMENT WITH JAXON

ENTERPRISES
Recommendation: That the City Council authorize the Public Works Director to negotiate and enter into an Agreement with Jaxon Enterprises for the purchase of asphalt grindings in exchange for purchase credit to be applied towards City self-performed street maintenance materials.

Documentation: M.O. 04-110723
Disposition: Approved.

4. DONATION OF NON-SERVICED SELF-CONTAINED

BREATHING APPARATUS TO THE PORTERVILLE COLLEGE

FIRE ACADEMY

Recommendation: That the City Council authorize the donation of the 17 SCBAs and air cylinders to Porterville College.

Documentation: M.O. 05-110723
Disposition: Approved.

5. AWARD OF CONTRACT - ON-CALL RIGHT-OF-WAY AND

APPRAISAL CONSULTING SERVICES
Recommendation: That the City Council:

1. Authorize staff to negotiate on-call contracts with Hamner, Jewell, & Associates, Interwest Consulting Group, Paragon Partners, The Dore Group, Hopper Company, and Desmond,
Marcello & Amster;

2. Authorize the Mayor to sign contract documents;

3. Authorize the Assistant City Manager to sign task orders; and

4. Authorize staff to make payments up to one hundred percent (100%) upon satisfactory completion of tasks.

Documentation: M.O. 06-110723
Disposition: Approved.

6. ACCEPTANCE OF PROJECT - ISLAND ANNEXATION 474B SEWER

PROJECT
Recommendation: That the City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion; and

3. Authorize the release of the five percent (5%) retention thirtyfive (35) days after recordation, provided no stop notices have been filed.

Documentation: M.O. 07-110723
Disposition: Approved.

7. AUTHORIZATION TO EXECUTE COOPERATIVE AGREEMENT

WITH TULARE COUNTY ASSOCIATION OF GOVERNMENTS

AND THE TULE RIVER TRIBE
Recommendation: That the City Council:

1. Approve entering into a Cooperative Agreement with the Tulare County Association of Governments and the Tule River Tribe for the Tule River Tribe Village Corridor and Two Pedestrian Bridges Project;

2. Authorize the City Manager to sign said Agreement upon

approval of all parties and respective legal counsel; and

3. Direct the Assistant City Manager to send the signed agreement to TCAG and the Tule River Tribe for Final Execution.

Documentation: M.O. 08-110723
Disposition: Approved.

8. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT -

EMERGENCY OPERATIONS CENTER & PUBLIC SAFETY

HEADQUARTERS
Recommendation: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the first step in the design of the Emergency Operations Center & Public Safety Headquarters with COAR Design Group in an amount not to exceed $197,400; and

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

Documentation: M.O. 09-110723
Disposition: Approved.

9. FLEET MANAGEMENT SOFTWARE RENEWAL
Recommendation: That the City Council:

1. Approve the software contract with Ron Turley Associates for one year in the amount of $12,512.00; and

2. Authorize payment for these services from the Equipment Maintenance Shop Operating Budget.

Documentation: M.O. 10-110723
Disposition: Approved.

10. REQUEST FOR APPROVAL TO RENEW VAST NETWORKS INTERNET

SERVICES
Recommendation: That the City Council approve the purchase of Vast Networks fiber internet services at a cost of $14,400 annually for three years.

Documentation: M.O. 11-110723
Disposition: Approved.

13. EAST PORTERVILLE WATER CONNECTION SECOND DWELLING UNIT

Recommendation: That the City Council adopt the draft Resolution approving a second water service connection at 1513 E. Roby Avenue.

Documentation: Resolution No. 64-2023
Disposition: Approved.

14. CONSENT TO SUBLET - LOT NO. 34F AT THE PORTERVILLE MUNICIPAL

AIRPORT
Recommendation: That the City Council:

1. Authorize the Lessee, Michael Quatacker and Debbie Quatacker, to sublet airport hangar on Lot No. 34F at the Porterville Municipal Airport to AM & FM Landucci Properties, LLC, commencing on October 1, 2023; and

2. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 34F on behalf of the City.

Documentation: M.O. 12-110723
Disposition: Approved.

15. CONSENT TO SUBLET - LOT NO. 35 AT THE PORTERVILLE MUNICIPAL

AIRPORT
Recommendation: That the City Council:

1. Authorize the Lessee, Michael Quatacker and Debbie Quatacker, to sublet airport hangar #3 on Lot No. 35 at the Porterville Municipal Airport to Derral Bryan commencing October 1, 2023; and

2. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 35 on behalf of the City.

Documentation: M.O. 13-110723
Disposition: Approved.

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

Documentation: M.O. 14-110723
Disposition: Approved.

18. APPROVAL OF COMMUNITY CIVIC EVENT - TULE RIVER TRIBE - TULE RIVER VETERANS POWWOW OVERNIGHT CAMPING - NOVEMBER 10 - 12, 2023

Recommendation: That the City Council approve the Community Civic Event Application submitted by the Tule River Tribe to use the Porterville Sports Complex for overnight camping during the Tule River Veterans Powwow on November 10th through November 12th, 2023, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 15-110723
Disposition: Approved.

19. APPROVAL OF COMMUNITY CIVIC EVENT - SUNNYSIDE SCHOOL - RUN 4 A REASON - NOVEMBER 18, 2023
Recommendation: That the City Council approve the Community Civic Event application submitted by Sunnyside School to hold a "Run 4 A Reason" event on November 18, 2023 subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 16-110723
Disposition: Approved.

20. APPROVAL OF COMMUNITY CIVIC EVENT - ROTARY CLUB OF

PORTERVILLE AND PORTERVILLE CHAMBER OF COMMERCE -
CHILDREN'S CHRISTMAS PARADE - NOVEMBER 30, 2023
(ALTERNATIVELY ON DECEMBER 7, 2023, IN THE EVENT OF RAIN) Recommendation: That the City Council approve the attached Community Civic Event Application and Agreement submitted by the Rotary Club of Porterville and the Porterville Chamber of Commerce to hold the Children's Christmas Parade on November 30, 2023, or alternatively on December 7, 2023, in the event of rain, subject to the requirements and restrictions that are listed on the attached copy of the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 17-110723
Disposition: Approved.

21. REQUEST FOR STREET CLOSURE: 29TH ANNUAL MYERS CHRISTMAS MEMORIAL TREE LIGHTING - DECEMBER 12, 2023
Recommendation: That the City Council approve the closure of "E" Street, between Putnam and Cleveland Avenues, on December 12, 2023, from 5:00 p.m. to 9:00 p.m., subject to the specified conditions.

Documentation: M.O. 18-110723

Disposition: Approved.

22. STATUS AND REVIEW OF LOCAL DROUGHT EMERGENCY
Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

Documentation: M.O. 19-110723
Disposition: Approved.

SCHEDULED MATTERS

23. REVIEW PROCESS FOR FIREWORKS SALES
Recommendation: That the City Council consider the report and provide direction on the process by which fireworks sales are conducted annually within the city of Porterville
City Manager Lollis introduced the item and presented the staff report.

Consensus of the Council was to not make any changes to the process for which fireworks sales are conducted in the city.

Documentation: None.

Disposition: Status quo.

24. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

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

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

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Mayor Flores, that the City Council approve the continuation of the Declaration of Local Emergency. The motion carried unanimously.

Documentation: M.O. 20-110723
Disposition: Approved.

11. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT -

SKATEPARK IMPROVEMENT PROJECT

Recommendation: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the Skatepark Improvements Project with Spohn Ranch, Inc in the amount of $190,000:

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

3. Authorize an additional $5,000 for contingency, construction management, surveying, quality control and inspection services; and

4. Approve the draft Resolution authorizing an appropriation of $95,000 from the Capital Construction/Improvement Designated Fund to fully fund the Skatepark Improvement Project.

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

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Meister that the City Council authorize the Enginnering and Project Director to execute the Consultant Service Agreement for the Skatepark Improvements Projects with Spohn Ranch, Inc., in the amount of $190,000; authorize progress payments up to one hundred percent (100%) of the contract amount; authorize an additional $5,000 for contingency; and approve the draft Resolution authorizing an appropriation of $95,00 from the Capital Construction/Improvement Designated Fund to fully fund the project. The motion carried unanimously.

Documentation: M.O. 21-110723, Resolution No. 65-2023
Disposition: Approved.

12. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT - GOLF

COURSE DRIVING RANGE NETTING PROJECT
Recommendation: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the Golf Course Driving Range Netting Project with Judge Netting, Inc in an amount not to exceed $247,000;

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

3. Authorize an additional $5,000 for contingency, construction management, surveying, quality control and inspection services.

City Manager Lollis introduced the item and presented the staff report and clarified questions posed by Council Member Weyhrauch.

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Meister, that the City Council authorize the Engineering & Project

Management Management Director to execute the Consultant Service Agreement for the Golf Course Driving Range Netting Project located at the Porterville Municipal Golf Course, with Judge Netting, Inc in an amount not to exceed $247,000; authorize progress payments up to one hundred percent (100%) of the contract amount; and authorize an additional $5,000 for contingency, construction management, surveying, quality control and inspection services. The motion carried unanimously.

Documentation: M.O. 22-110723
Disposition: Approved.

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

City Manager Lollis introduced the item and presented the staff report and clarified the report in response to questions posed by Council Member Weyhrauch.

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Meister that the City Council accept the Financial Status Reports as presented. The motion carried unanimously.

Documentation: M.O. 23-110723
Disposition: Approved.

1. Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - October 16, 2023 (Report Continued)
Mayor Flores reported on the adoption of resolutions, the approval of Minutes, the approval of the 2023 Combines CMAQ/CRP Policy, as well as several informational reports.

2. Tulare County Task Force on Homelessness - October 18, 2023 No report was provided.

3. Tulare County Economic Development Corporation (TCEDC) - October 25, 2023 Mayor Flores reported on those in attendance, the approval of Minutes, two presentations by Valley Children’s Healthcare and Caltrans Tech Institute, and project and client services and staff updates.

4. Internal City Audit Committee - October 25, 2023
Mayor Flores reported on the approval of Minutes, the review of the Tulare County Junior Livestock Show and Community Fair License and Development Agreement, the Review of the PSW Lease Agreement, and the review of the process by which Community Civic Events are held within the city.

5. Porterville Area Development Authority - October 27, 2023 No report was provided.

6. Easter Tule Groundwater Sustainability Agency (ETGSA) Board - November 2, 2023 Council Member Weyhrauch reported on the approval of Minutes, the approval of ratification of bills to be paid, and various administration updates and reports.

ORAL COMMUNICATIONS
• Brock Neeley, Porterville, encouraged the City Council to speak with veterans regarding firework noises and suggested raising park impact fees as a means of funding the golf course.

OTHER MATTERS
• Council Member Beltran provided an update of the Winter Coat Giveaway, lauded City staff for being good stewards of tax payer dollars, spoke of the Fire Departments donation of equipment to the Academy, and touched on upcoming Veterans Day Parade. • Council Member Weyhrauch, wished his wife Brenda and Fire Chief Bryan Cogburn a Happy Birthday, thanked City staff and Granite Construction for the Main Street Reconstruction, and spoke of annual fire inspections with regard to daycares. • Council Member Meister discussed a phone call he received in regards to Prop 218 Opposition, congratulated Scott Bowler for being selected as Board Chair, described Michael Knight as the Man of the Year Award nominee, and praised the writing abilities of City Manager Lollis. Furthermore, he stated that he would be bringing forward a Medical Freedom Proclamation and would like his colleagues to sign it. • Mayor Flores offered condolences to Vice Mayor Carrillo in the loss of a family member, requested members of the Joint City/School District Committee to inquire about the policy concerning students communicating via email with elected officials, and mentioned attending various events including the CHMA Dia De Los Meurtos, and dinner at the Elks Lodge. She also spoke of the upcoming Veterans Day Parade, a ribbon cutting, and a migrant workers conference.
• City Manager Lollis spoke of the Fall Employee Luncheon, stated thanks to Mike Knight and his team as well as Human Resources staff for their excellent work in putting on the employee luncheon; noted the safe Halloween holiday, and voiced appreciation for all of staff’s hard work in preparing for the Veterans Day Parade.

CLOSED SESSION
None.

ADJOURNMENT –
The Council adjourned at 8:39 p.m. to the meeting of November 21, 2023, at 5:30 P.M.

Fernando Gabriel-Moraga, Deputy City Clerk
SEAL

Martha A. Flores, Mayor
Item No.

2. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Authorization to Purchase Additional Water Shares or Surface Water for Groundwater Recharge
SOURCE: Public Works
COMMENT: The City Council has annually approved staff's request to fund the purchase of surface water and/or water shares, when available, from surrounding water entities to be used for groundwater recharge, which offsets groundwater pumping demands.

It has been the Council’s direction to increase the City’s holdings and water rights when opportunities arise. At its meeting on June 20, 2023, the Council provided authorization for the Public Works Director and/or the City Manager's designee to submit bids for share purchases and to negotiate surface water purchases with local irrigation districts that may have water available for sale to be used as groundwater recharge up to $800,000. Since the Council's approval for the annual expenditure and the end of the irrigation year, surface water rates have been increased due to capital costs of maintenance by the irrigation districts.

The City has an opportunity to secure additional Pioneer Shares, increasing its share total to beyond 483, equating to 725 acre-feet annually. The March 2023 storm events have made an excess supply for which the City received surface water totals from the 2022-2023 irrigation year deliveries at roughly 11,123 acrefeet of water available to the City for purchase. The total cost to secure surface water for recharge is expected to exceed the Council's current expenditure authorization of $800,000. The cost to cover all current allocations available to the City is $497,125, with a projected cost for the remaining Fiscal Year of $447,500.

Staff proposes that the Council authorize an additional $1.5 million to cover the current allocation for continued performance through the end of the 2023-2024 Fiscal Year. This increased expenditure would allow the City to bid on any available water shares in the 2023-2024 Fiscal Year, with Pioneer Water Company or other water entities who may have available water for purchase, while also allowing for the purchase of surface water being offered for sale. An additional $1.5 million has been set aside for alternative water capacity sources in the Fiscal Year 2023-2024 capital improvement plan with funding from the Water Replacement Fund.

Item No.

2. RECOMMENDATION: That the City Council authorize the Public Works Director, or the City Manager's designee, to purchase up to an additional $1.5 million of water shares or surface water during the 2023-2024 Fiscal Year.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

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

3. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Authorization to Advertise for Bids - City Pool Improvements SOURCE: Parks and Leisure Services
COMMENT: The City Pool, located in Murry Park at 97 N Park Drive, underwent a significant renovation in 2005. The two kiddie pools on the east side of the facility were replaced with an artificial turf observation area. The pool shape was changed, and a zero-depth entry was installed. Also, some water play features were added, including raised water buckets that fill and dump water.

Additionally, a mandatory anti-entrapment shield drain was also installed.

It has been over eighteen (18) years since those major renovations took place.

The City Pool continues to be an extremely popular amenity that the public enjoys from Memorial Day through Labor Day each year. Hundreds of children each summer receive swim lessons in addition to the thousands of locals that visit the pool for recreational swimming. There are many items in need of repair in order for this facility to operate safely. Staff proposes that one qualified professional be selected to provide full-service design and construction services including replastering the pool, replacing pool tiles, replacing the antientrapment pool drain cover, replacing the one-meter diving board/tower and related foundation as needed, repairing the buckets water feature, replacing deck drains and resurface related areas, and replacing the gutters.

The adopted Fiscal Year 2023-2024 Capital Improvement Projects list includes $350,000 from the General Fund Facility Deferred Maintenance Designated Fund for the pool tiles and replastering portion of the project. Staff recommends that should there be any remaining expenses from the other portions of the project, that those expenditures also be paid from the same fund.

RECOMMENDATION: That the City Council authorize the distribution of a Request for Qualifications for City Pool improvements.

ATTACHMENTS: 1. Request for Qualifications Project Description

2. Draft Request for Qualifications

3. Locator Map
Appropriated/Funded:

Review By:

Item No.

3. Department Director:

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

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR CITY POOL IMPROVEMENTS PROJECT The City of Porterville seeks “Statement of Qualifications” (SOQ) from professionals interested in providing construction services for the City Pool Improvements Project. The City intends to select one (1) qualified professional to provide full-service design and construction services including replastering the pool, replacing pool tiles, replacing pool drain cover, replacing diving board and related foundation as needed, repairing the buckets water feature, replacing deck drains and resurface related areas, and replacing the gutter for the Porterville City Pool. This document identifies the general project scope and procedures for the selected firm’s involvement in this process. Responding firms must have relevant experience and the ability to provide the requisite professional services.

A non-mandatory job walk is scheduled for December 14, 2023.

SCOPE OF SERVICES:

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

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

2. Provide clarifications and answer questions as needed.

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

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

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

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

DESIRABLE QUALIFICATIONS OF THE CONTRACTOR:

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

1. Experience in similar size and scope for pool improvement projects.

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

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

LOCAL AGENGY RESPONSIBILITIES:

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

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

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

REQUEST FOR QUALIFICATIONS
Professional Services – City Pool Improvements Project
November 2023
PREPARED BY:

PARKS AND LEISURE SERVICES DEPARTMENT
November 2023
I INTRODUCTION AND OBJECTIVES:

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

II EXAMINATION OF PROPOSAL DOCUMENTS:

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

III ADDENDA/CLARIFICATIONS:

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

IV PROPOSAL REQUIREMENTS:

Proposals for this project will be accepted at this office until 4:00 p.m., on Friday, January 5, 2024. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for City Pool Improvements Project.” Cost proposals shall not be submitted until requested by the CITY. Proposals shall be addressed to:

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

V PRE-CONTRACTUAL EXPENSES:

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

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

VI EXCEPTIONS/DEVIATIONS:

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

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

VIII LOCAL AGENCY REPRESENTATIVE:

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

IX INSURANCE REQUIREMENTS:

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

X INDEMNIFICATION:

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

XI SUBCONTRACTING:

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

XII FEDERAL, STATE, AND LOCAL LAWS:

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

XIII PROPOSAL EVALUATION CRITERIA:

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

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

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

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for the second week of February 2024. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

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

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANT shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract. Where two or more CONSULTANT’s desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANT is expected to be presented at the City Council meeting scheduled for Tuesday, February 6, 2024. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.

XVII COMPENSATION:

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

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

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

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

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

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

XIX PROPOSAL FORMAT AND CONTENT:

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

A. Firm Experience:

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

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

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

B. Consultant Team:

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

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

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

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

C. Proposal Format:

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

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

Item No.

4. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Authorization to Advertise for Bids - Veterans Park Multi-Use Trail, Phase 2 Project
SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Veterans Park MultiUse Trail, Phase 2 Project. The project will include the construction of a new bike and pedestrian trail along the south and east portions of Veterans Park that will connect to the existing trail along the north and west ends of the park. This extension of the trail, approximately one mile in length, will include solar lighting, public safety beacons, and bench seating.

The Engineer's Estimate of Probable Cost for the project is $1,636,240. An additional $163,624 is necessary for construction contingency (10%) and $163,624 is required for construction management, surveying quality control and inspection services (10%), equating to a total construction cost of $1,963,488. Funding for this project is approved in the 2023-2024 Fiscal Year Budget with Measure R - Alternate Transportation Funds.

RECOMMENDATION: That the City Council:

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

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

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

4. Approve the attached draft Resolution in support of the Program Supplement to the Cooperative Agreement; and

5. Authorize the Mayor and City Clerk to execute the Program Supplement.

ATTACHMENTS: 1. Draft Resolution

2. Measure 'R' Program Supplement to Cooperative
Agreement

3. Engineer's Estimate

4. Locator Map
Appropriated/Funded:

Review By:

Item No.

4. Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
RESOLUTION NO. - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING AND APPROVING THE SUPPORT OF THE CITY COUNCIL FOR THE VETERANS PARK MULTI-USE TRAIL, PHASE 2 PROJECT
WHEREAS, the City of Porterville Bike and Pedestrian Program is eligible to receive 100% reimbursement for the design, construction management and quality control costs ($295,979), and $1,799,864 reimbursement for the construction costs (Exhibit “A”) associated with the Veterans Park Multi-Use Trail, Phase 2 Project, which meets the Measure ‘R’ guidelines and City General Plan for alternate modes of travel; and
WHEREAS, the Tulare County Association of Governments is requesting that the City of Porterville approve and submit a Supplemental Agreement that will allow the City to receive reimbursement for all design costs incurred in Fiscal Year 2022/2023 and all construction and construction management costs incurred in Fiscal Year 2023/204; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the Veterans Park Multi-Use Trail, Phase 2 Project and authorizes the Mayor and City Clerk to execute the Program Supplement and any other related documents as may be required.

PASSED, APPROVED and ADOPTED this 21st day of November, 2023.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: Patrice Hildreth, Chief Deputy City Clerk
EXHIBIT “A”
Veterans Park Multi-Use Trail, Phase 2 Project
Project Scope
Development of a multi-use trail (approximately 1 mile in length) to include solar lighting and benches and connecting to the existing trail at the north end of the park.

Project Costs
Veterans Park Multi-Use Trail,
Phase 2 Engineer’s Estimate
Construction & Construction
Contingency $1,799,864.00
Construction Management
and Quality Control
$163,624.00
Right of Way $0.00
Preparation Plans,
Specifications and Estimate,
Environmental Documentation
and Caltrans Project Approval
$132,355.00
Total Estimated Costs $2,095,843.00
Current Funding Sources
Measure ‘R’ Preliminary
Engineering, Construction and
Construction Management
$2,095,843.00
Total Funding Available $2,095,843.00
Project Schedule
Veterans Park Multi-Use Trail, Phase 2
Project Tasks Date
Environmental (PA/ED) complete 10/31/2023
Design (PS&E) complete 10/31/2023
Authorization to Advertise Project 11/21/2023
Award Construction Project (Anticipated) 01/31/2024
Begin Construction 04/01/2024
End Construction 08/30/2024
MEASURE ‘R’ PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
This Program Supplement is made and entered into on November 21, 2023, by and between the City of Porterville (“Sponsor”) and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Local Transportation Authority (“Authority”).

This Program Supplement hereby incorporates the “Measure ‘R’ Cooperative Agreement” for Measure ‘R’ expenditures, which was entered into between the Sponsor and the Authority on May 29, 2007, and is subject to all terms and conditions thereof. This Program Supplement is executed under authority of Resolution No. ___-2023, approved by the Sponsor on November 15, 2023 (see copy attached).

Project scope and costs are incorporated herein as Exhibit “A” and agreed upon by Sponsor and Authority.

Covenants of Sponsor

1.1. SPONSOR agrees that it will only proceed with work authorized for specific phase(s) with a written “Authorization to Proceed” or AUTHORITY action and will not proceed with future phase(s) of this project(s) prior to receiving a written “Authorization to Proceed” or AUTHORITY action.

1.2. The SPONSOR will advertise, award, and administer the project(s) in accordance with SPONSOR standards.

1.3. Award information shall be submitted by the SPONSOR to the AUTHORITY within 60 days after the project contract award.

1.4. Failure to submit award information in accordance with section 1.3 will cause a delay (without interest or penalties) in AUTHORITY processing invoices for the construction phase.

1.5. If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of project(s) activity along with target billing date and billing amount.

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

COUNTY OF TULARE

TRANSPORTATION AUTHORITY CITY OF PORTERVILLE
By: _____________________________________ By: ____________________ Authority Director Martha A. Flores, Mayor
Attest:

By: ____________________
John D. Lollis, City Clerk
1 LS
2 LS3 LS4 LS5 LS6 EA7 LS8 SY9 SF
10 SF11 LF12 EA13 LS14 LF15 SF16 EA17 LS
Benches 6 33,000.00 5,500.00
1 75,000.00 75,000.00
36‐Inch RCP Culvert Extention and Cast‐In‐Place Concrete Headwall.Block Wall 92 150.00 13,800.00
4‐Inch Concrete at Seating Areas 240 10.00 2,400.00
BID Subtotal ($) = 1,422,818.00
213,422.00
BID TOTAL ($) = 1,636,240.00
(F) Final Pay Item Contingency (15%) ($) =

PARTICIPATING BID ITEMS
9446 ‐ VETERANS PARK MULTI‐USE TRAIL, PHASE 2
19,708.00
412,790.00

4.00 10.00
4927
41279
QUANTITY UNIT UNIT PRICE ($) TOTAL ($)
1 ITEM
NO. DESCRIPTION OF WORK
166,120.00510,000.00100,000.00
10,000.0015,000.0015,000.0010,000.00
5,000.00
14,000.00
4,000.00
17,000.00

8.00 10,000.00
100,000.00
10,000.0015,000.0015,000.00
10,000.00
5,000.003,500.004,000.00

50.00 20765
51 1111141
340
Trail Earthwork, Grading & Compaction
Dust Control and Projeect Site Maintenance
Construction Notification Signs
Tree Removal, Clearing & Grubbing and Demolition
Remove Exist. Trail Surfacing
4‐Inch Conrete Sidewalk ‐ Trail
6‐Inch x 24‐Inch ‐ Wide Decomposed Granite
Mobilization & Demolition
Furnish & Implement Traffic Control System
Unknown Utility Conflicts
SWPPP, Stormwater Pollution Prevention PlanSolar Trail LightsSecurity Fencing

MUTLI-USE TRAIL

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 VETERANS PARK
MULTI-USE TRAIL - PHASE 2 N PROSPECT ST

W HENDERSON AVE

VETERANS PARK

PORTERVILLE
WWTP

W MORTON AVE N NEWCOMB ST
Item No.

5. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Authorization to Advertise for Statement of Qualifications for Architectural/Engineering Services for the Porterville Municipal Airport SOURCE: Finance
COMMENT: The Federal Aviation Administration (FAA) requires agencies to select an "Engineer of Record" in compliance with Advisory Circular 150/5100-14E, for all capital improvements funded by the FAA. The last Request for Statement of Qualifications was issued in June 2014 and the architectural/engineering consultant services contract was awarded in August 2014.

Staff is requesting City Council's approval to issue a new Request for Statement of Qualifications from qualified individuals or firms to provide architectural / engineering consultant services for the design and construction administration / inspection of airport projects. The selected consultant will provide technical and professional services for the preparation of plans, specifications, special studies, and analyses for the various capital improvement projects at the Porterville Municipal Airport.

RECOMMENDATION: That the City council authorize staff to advertise for Statement of Qualifications for Architectural / Engineering Services for the Porterville Municipal Airport.

ATTACHMENTS: 1. Draft Request for Qualifications
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager
1 REQUEST FOR QUALIFICATIONS
NO. 23/24-SR1969
Multi- Year Consultant Services Agreement
for Airport Architectural / Engineering Services
for the
City of Porterville Municipal Airport
Issue Date: November 24, 2023
Due Date: December 28, 2023
Porterville Municipal Airport
City of Porterville
California
2 Subject: REQUEST FOR QUALIFICATIONS (RFQ) FOR A MULTI-YEAR

CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL /

ENGINEERING (A/E) SERVICES FOR THE PORTERVILLE MUNICIPAL

AIRPORT

I) INTRODUCTION

The City of Porterville is seeking firms or individuals to provide A/E consultant services for the Porterville Municipal Airport. The selected firm or individuals will be required to provide A/E services for the design and construction administration / inspection of airport projects as identified below. All work must meet Federal Aviation Administration (FAA) guidelines, requirements and standards.

This Request for Qualifications (RFQ) identifies the general project scope and procedures for Consultant involvement in this process. Responding Consultants shall have relevant experience and the ability to provide professional services.

II) PROJECT

The City wishes to enter into a multi-year contract, commonly known as a Consultant Service Agreement (CSA). This will serve as the master contract for future negotiated project-related services referred to as Authorization of Services (AOS). Services performed under the AOS are listed below under “Typical Scope of Services.” Services performed under the agreement may be related to projects that involve federal, state, or local funding sources, or a combination thereof. The CSA may be up to a five (5) year term.

III) INDEPENDENT FEE ESTIMATE
Consistent with FAA Advisory Circular 150/5100-14E, Change 1, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects, the requirement for an analysis of the fees for the consultant contract approved pursuant to this RFQ will be performed for the consultant contract. This independent fee estimate (IFE) will be performed by the City’s engineering staff after the qualification-based selection process has been completed.

IV) TYPICAL CONSULTANT SCOPE OF SERVICES
Phase 1: The services performed in the initial phase may include special studies and analyses to determine project feasibility and scope. Other special studies may be undertaken to provide the City with information necessary to manage its Municipal Airport and to comply with local, state and federal regulations. In this regard, the Consultant may locate and apply for grants through any state or federal agency and make recommendations about modifications to the Airport Layout Plan (ALP).

Phase 2: The Consultant may perform design services which include, but are not limited to:

A. Preparation and submission of a project specific Categorical Exclusion in accordance with National Environmental Policy Act (NEPA) guidelines and standards.

B. All field surveys necessary for the design of all proposed airfield improvements.

C. All services required to prepare working drawings, specifications and contract documents upon which proposals for construction of the work may be based. 3 D. Prepare an Engineer’s Report, including an estimate of construction costs to comply with FAA or other regulatory requirements.

E. All technical services required for the preparation of advertisement and bid forms, interpretation of bid documents, and preparation of addenda, as required.

F. Attend the bid openings and assist in the review of bid proposals and awarding of the construction contracts as required.

G. Prepare Quality Control Construction Management Plan compliant with FAA guidelines and requirements.

Phase 3: The third phase of the agreement relates to construction engineering and contract administration and includes, but is not limited to the following activities:

A. All field staking necessary for the construction of the improvements. Such staking shall be in accordance with common industry practice or as directed by the Public Works Director.

B. Inspect all work and notify the City of any failure by the Contractor to comply with the plans and specifications.

C. Attend and chair the preconstruction conferences for the project.

D. Administer the construction contract and review work progress.

E. Check all shop drawings and submittals.

F. Review and recommend to the City approval of periodic payment requests by the Contractor.

G. Prepare change orders should they be required.

H. Attend the final inspection.

I. Prepare the Final Engineer’s Report.

J. Prepare the “Drawings of Record” and furnish the City with one set of reproducible drawings for the project.

K. Revise the Airport Layout Plan (ALP) to reflect the completed project.

V) ANTICIPATED PROJECTS
The following projects are part of the City of Porterville’s ten-year capital improvement strategies for the Municipal Airport. Once the consultant has been selected, a thorough review of the projects listed below will be prioritized to reflect consultant workload matching the 5-year service agreement. The City reserves the right to add or delete projects as the City deems in the best interest of the City.

1. Airfield pavement improvements including overlay or reconstruction: runway, taxiways, aprons

2. Taxiway extension to the northwest to include connecting taxiways

3. Runway shift to northwest
4 4. Airport fencing, access gates and access control improvements

5. Fuel facility upgrades

6. Airport electrical upgrades

7. Access road improvements including storm drainage

8. Apron lighting

VI) CONSULTANT SELECTION
For the purposes of this solicitation, the Screening Panel shall determine the top three ranked candidates for further evaluation, that may include a review of references provides, informal telephone interview or formal panel interview, either in-person or in a “Teams” format. The highest rated Consultant / Consultant Team will be invited to participate in negotiations towards a consultant services agreement. The City reserves the right to negotiate with the 2nd rated firm/team and the 3rd rated firm/team if the City is unable to successfully negotiate a service agreement with the highest rated consulting firm/team.

The City of Porterville has received approval from its FAA Program Manager to proceed with the selection process using its normal procedure. The City has reviewed these procedures and has determined that they are consistent with FAA Advisory Circular 150/5100-14E, Change 1, “Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.”

VII) STATEMENT OF QUALIFICATIONS (SOQ) SUBMITTAL
The Consultant’s proposal must be provided to the Porterville Municipal Airport, City of Porterville, prior to the deadline for submission if the application is to be considered:
1) Deliverables: Submit three (3) copies of the Statement of Qualifications. Each submittal should include at a minimum, the following:
a. Cover Letter
b. Firm Profile
c. Project Team
d. Experience: Completed Projects and Current Projects
e. Project Approach: Methodology, Schedule and Quality Control 2) The complete Qualification Statement should be delivered via one of the many services available or hand delivered to:

Porterville Municipal Airport
c/o Purchasing Agent
291 North Main Street
Porterville, California 93257
Attention: Maria Bemis
3) Statements must be received at the above address no later than 4:00 PM, Thursday, December 28, 2023. Identify the submission by including the following information on the outside of the package -- SOQ for Consultant Services Agreement for A/E Services – Porterville Municipal Airport.
4) No oversize drawings (larger than 8-1/2 x 11), shall be included in the submittal. The completed submittal shall be single side and shall not exceed thirty (30) pages, not including table of contents or resume information. The proposal shall be completely comprised of paper that can be recycled.
5 5) Statements of Qualifications will be maintained no more than sixty (60) days after the five (5) years have lapsed for the CSA.
6) No Qualification Statement shall be accepted after the above listed deadline.

Facsimile, emailed or electronic format proposals are not acceptable. 7) This Request for Qualification Statement does not include provisions for any direct reimbursement of statement preparation costs.
8) In order to be considered, all requested qualification information below shall be submitted. All prospective Consultants must complete and submit all qualification and other supplemental information, in one complete package by the date stated above.

The City will not accept information or documents from parties other than the submitting Consultants.
9) Provide a Cover Letter signed by an authorized representative of the firm to the City of Porterville Municipal Airport stating general qualifications, expertise and ability to perform and meet the scope of services as described in this RFQ. 10) Include a brief statement acknowledging that the information provided in the SOQ is true, accurate and represents the most current information available as of the date of this RFQ.
11) Provide a statement that the firm can obtain the insurance requirements as stated in the section XII, Insurance Requirements.
12) Provide a brief statement that the firm has the ability to submit construction documents in AutoCAD R2024 and/or a CADD software interchangeable to AutoCAD format.
13) Provide in outline form a Consultant Firm Profile: responding to each of the items below:
(a) Name of firm, address, telephone and fax number.
(b) The three (3) primary firm contacts, email(s), and State licenses. (c) Provide a minimum of three (3) Professional References, preferably California public airport management, include: Contact name, position, telephone number, and relationship to firm.

VIII) DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION In accordance with Title 49 CFR Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, the City will carry out the applicable requirements in the award and administration of any contract awarded hereunder which are funded, in whole or in part, with Federal financial assistance from the Federal Aviation Administration.

Disadvantaged Business Enterprises (DBE’s) will be afforded full opportunity to submit proposals in response to this invitation. In addition, a proposer who intends to subcontract a portion of the work shall affirmatively seek out DBE’s that are potential subconsultants, and actively solicit their interest. The proposer shall demonstrate good faith efforts as defined in Appendix A to Part 26 of the Code of Federal Regulations.
6 IX) SCREENING PANEL SELECTION CRITERIA
The information requested within this RFQ will be scored by the Screening Panel Board. The three (3) highest ranked firms selected by the Screening Panel Board may be interviewed by the Interview Board. The Screening Panel Board evaluation will consist of a matrix totaling 100 points. The Screening Panel (selection board) may, at its discretion, bypass the interview process ranking the short-listed consultants based on submitted material. 1) Firm’s Experience -- Projects (40 points)
Provide a narrative and graphic composition of completed projects with appropriate relevance especially demonstrating the ability to design quality airport improvements that are efficient, safe and compliant with FAA and State Division of Aeronautics standards.
2) Firm’s Key Personnel & References (30 points)
Identify key personnel, their qualifications and related experience, including licenses and certifications. Demonstrate key personnel’s capability to perform all aspects requested in the preliminary phase, design phase and construction phase. In addition, include information showing the firm’s ability to provide adequate staffing and availability. Please also identify personnel’s experience working with a public agency.
3) Firm’s Project Approach -- Budget, Schedule and Quality (30 points) Establish firm’s capability to meet schedules and deadlines without delays and to manage budgets by identifying past successes producing accurate cost estimates for projects and familiarity with the local construction economy and costs.

X) RFQ SCHEDULE
The schedule for the release of the RFQ, the receipt of qualifications consistent with the requirements of this RFQ from firms, the interviews of proposing Consultants and the award date are defined below:
1) Release of RFQ: November 24, 2023
2) Proposals Due: December 28, 2023
3) Interview of Firms (if interviews shall be conducted): January 4, 2024 4) Award of Contract: January 16, 2024

XI) QUALIFICATION STATEMENT
Certain specific procedures, conditions, and limitations regarding qualification statements and the process for obtaining information are defined in the material that follows. 1) The City of Porterville will rate prospective Consultants/Firms for this work using only objective criteria based upon the information obtained from the Qualification Statements. The City reserves the right to verify from other available sources the information provided by the Consultant and to rely upon such information gathered during the verification process. The City shall review each SOQ and establish a numeric score based upon written evaluation criteria. Consideration of a prospective Consultant’s qualifications will be made only if the prospective Consultant meets all the minimum qualifications. The City reserves the right to adjust, increase, limit, suspend or rescind the rating based on subsequently learned information. Any Consultant deemed not qualified, or Consultants whose rating changes sufficiently to 7 disqualify them, will be notified in writing. No Consultant shall have the right to an appeal based upon an incomplete or late submission of the qualification statement. 2) Request for Supplemental Information: The City of Porterville reserves the right to require, from any or all Consultant candidates, supplemental information that clarifies the submitted materials.
3) Questions: All questions regarding this solicitation will be handled through the Public Purchase website. Do not attempt otherwise to contact the City of Porterville members regarding yours, or anyone else’s Qualification Statement. All addenda and correspondence will be posted electronically on the Public Purchase website. 4) The Consultant shall only rely on this Request for Qualification document and any subsequent written supplement issued by the City of Porterville for preparation of the submittal. Consultants shall not rely on any other written or any oral statements of the Porterville Municipal Airport, City of Porterville or its officers, directors, employees, or agents regarding the overall project or the package in preparing and submitting the submission.
5) Incomplete Qualification Statements: Incomplete and/or unsigned submissions will not be considered; however, if a submission is incomplete and if it appears that the omission can be corrected promptly, the affected firm may be contacted and offered the opportunity to complete the statements and provide the required information within a prescribed period of time, which will not be extended. If a firm does not respond within the time stated, the Qualification Statement will not be considered. 6) Rejection of Submitted Requests for Qualification: Consultant Statement of Qualifications that are not current, accurate, and/or completed accurately to the prescribed format defined shall be considered non-responsive and eliminated from further consideration.
7) The City of Porterville reserves the right to waive minor irregularities in the SOQ format.
8) The City of Porterville reserves the sole right to evaluate the Consultant candidate’s qualifications and reject any or all SOQ’s.
9) Selection Process Termination: The City of Porterville reserves the right to terminate the selection process, at any time, without making an award to any or all Consultants on the ranked candidate list. The City may also, at its sole discretion, choose a ranked Consultant or Consultants to perform any or all of the individual project work phases. The Porterville City Council must approve the final agreement with the Consultant before any work may start on the project.
10) California Public Records Act: The California Public Records Act recognizes certain confidential trade secret information may be protected from disclosure. However, the City of Porterville may not be able to determine if information submitted is a trade secret. The City shall provide reasonable notice to the Consultant of any requests for information made under the California Public Records Act for Consultant information marked “confidential” so that the Consultant may seek protection from disclosure by a court of competent jurisdiction.

8 XII) INSURANCE REQUIREMENTS
The successful Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors.

Minimum Scope of Insurance. Coverage shall be at least as broad as:

A. Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01)
B. Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 (any auto).

C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

D. Errors and Omissions Liability insurance as appropriate to the Consultant’s profession.

Minimum Limits of Insurance. Consultant shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $2,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability: $2,000,000 per occurrence.

Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, agents, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers.

2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
9 4. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.

Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.

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

Item No.

6. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Authorization to Execute Consultant Agreement - Olive Avenue & Porter Road/Cloverleaf Street Traffic Signal Design
SOURCE: Engineering and Project Management
COMMENT: The City received a State Local Highway Safety Improvement Program (HSIP) grant for the Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Project. The project will replace the existing traffic signal, add protected left turn phasing for all intersection legs, and provide accessible curb ramps at all corners. Staff has reached out to 4Creeks, Inc for a quote for the design work as the firm is listed on the City's approved Engineering & Surveying Consultant On-Call List and has in-house staff that specializes in traffic signals. 4Creeks, Inc. has submitted a quote in the amount of $156,480 for the design work and has committed to delivering the required plans and specifications in time for the City to meet the requirements of the grant. Funding for the design of this project is provided by a State HSIP grant in the amount of $69,600 and Special Gas Tax in the amount of $40,000. An additional $46,880 in Special Gas Tax is required to fully fund the project.

Staff has found the negotiated price acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the Olive Avenue & Porter Road/Cloverleaf Street Traffic Signal Project Design with 4Creeks, Inc in the amount of $156,480;

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

3. Authorize the Finance Director to appropriate an additional $46,880 of Special Gas Tax funding to fully appropriate the project.

ATTACHMENTS: 1. Draft Service Agreement

2. Locator Map
Appropriated/Funded:

Review By:

Item No.

6. Department Director:

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

SERVICE AGREEMENT
DATE: November 21, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and 4Creeks Incorporated, hereinafter referred to as "CONSULTANT".

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

Project Name: Design and construction support services for Olive Avenue & Porter Road/Cloverleaf Street Traffic Signal Project
Description of Project: In general, the consultant will be provide engineering services for the Olive Avenue & Porter Road/Cloverleaf Street Traffic Signal Project. Details are summarized in Scope of Services as Attachment “A”.

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

SECTION 1. CONTRACT SERVICES:

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

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed One Hundred Fifty-Six Thousand Four Hundred Eighty Dollars, ($156,480).

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

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

SECTION 3. COMPLETION DATE:

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

SECTION 4. FAMILIARITY WITH PROJECT:

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

SECTION 5. INDEPENDENT CONTRACTOR:

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

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

(iv) Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”

SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

SECTION 11. ENTIRE CONTRACT:

Service Agreement

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

SECTION 12. DISPUTES; VENUE:

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

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

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

CITY OF PORTERVILLE CONSULTANT
By By

Date Date
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
November 13, 2023
Ms. Sarah Weaver
Project Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
Subject: Proposal for Design of a Traffic Signal Modification at the Intersection of Olive Avenue and Porter Road/Cloverleaf Street
Dear Ms. Weaver,
We have prepared a scope of work and fee for the services required to complete the plans, specifications, and engineer’s opinion of probable construction costs (PS&E) for the proposed traffic signal modification project at the intersection of Olive Avenue and Porter Road/Cloverleaf Street. Our understanding is that the scope of work will generally include the following:
• Topographic survey of the project limits
• Acquire utility maps and utility coordination
• Design of the traffic signal modification at the intersection of Olive Avenue and Porter Road/Cloverleaf Street to include protected left-turn signal phasing on all intersection legs • Design for removal and replacement of four (4) curb ramps with ADA-compliant ramps tying into existing pavement and sidewalks with accessible landings • Modify the existing crosswalks to be ADA-compliant
• Upgrade existing traffic signal system to remove the existing cabinet and controller assembly and install new Econolite controller assembly and battery back-up system per City of Porterville's current standards
• Upgrade to Econolite video detection system
• Upgrade luminaires to be LED, upgrade pedestrian signal heads to be countdown type, and upgrade pedestrian push buttons as required to meet current ADA requirements • Emergency vehicle detection GPS Opticom System
• Add/modify the existing signing and pavement delineation for the traffic signal modification and street improvements indicated
• Preliminary potholing
• Project specifications and engineer’s opinion of probable construction costs • Legal descriptions and exhibits for right of way (if needed) • Signal timing analysis for existing signal coordination between the traffic signals at the State Route (SR) 65 ramps and Porter Road/Cloverleaf Street, including evaluation of potential signal coordination with Indiana Street
Below you will find a breakdown of the additional tasks needed to complete this project.

Task 1: Project Management
4Creeks will schedule, coordinate, attend, and facilitate the following identified project meetings with the City.
• Project kick-off meeting
• Preliminary design meeting
• Plan check review meeting (total of three)
Attachment "A"
Ms. Sarah Weaver November 13, 2023
Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Modification Page 2 of 6 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
The purpose of the Project Management task is to organize the efforts of the project team and the City and to keep the project on schedule and on budget. 4Creeks will:
• Manage project tasks and completion of work products
• Manage and update the project schedule in coordination with the City of Porterville • Schedule meetings in coordination with the City of Porterville • Represent the 4Creeks Team at project coordination meetings • Prepare and distribute project coordination meeting minutes • Respond to the City’s questions/correspondence
• Implement and maintain quality control procedures across all disciplines involved in the project • Provide overall quality control of the contract documents • Prepare and submit monthly invoices to the City of Porterville The above Task 1 services will be provided for a Fixed Fee of $12,540.

Task 2: Topographic Survey
4Creeks will complete the topographic survey of the project limits for use in creating the base maps. The topographic survey shall include, but not be limited to, the following:
• Property and right of way lines (based on available existing survey information); City of Porterville to provide Preliminary Title Reports for all parcels that are impacted by the project • Existing grade and elevations to 10-feet beyond future right of way and within the street right of way of any existing pavement, curb, gutters, sidewalks, natural grades, and other miscellaneous items
• Monument lines, if applicable
• Street centerlines
• Pavement edges, crowns, quarter crowns, and hinge points • Flowlines
• Curbs and gutters
• Sidewalks
• Drive approaches and driveways
• Edges of pavement
• Existing pavement delineation
• Sign locations
• Visible utility infrastructure including utility poles, valves, and streetlights • Fence locations
• Locations, depths, size, and type of sewer and storm drain lines and manholes • Local property control monuments to serve as the horizontal control and local City benchmark to serve as the vertical control
• Other surface improvements
Right of way limits will be drafted on the topographic survey from record maps. This fee does not include ordering title reports for separate properties or record research of dedicated easements/additional right of way. The City shall also provide available as-built plans for the project limits.

The above Task 2 services will be provided for a Fixed Fee of $11,180.

Task 3: Utility Research and Coordination
4Creeks will work with utility companies affected by the project in providing a complete set of plans for construction bidding. 4Creeks will complete utility research to identify and mitigate existing and potential conflicts. 4Creeks will complete the following utility research and coordination:

Ms. Sarah Weaver November 13, 2023
Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Modification Page 3 of 6 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Obtain utility plats and record drawings from utility companies • Schedule meetings and site visits with affected utility companies and the City of Porterville in identifying utility conflicts
• Include obtained utility information in the topographic survey and base map • Draft conflict maps for each affected facility
• Utilize potholing information in updating the utilities added to the topographic survey and to clarify uncertainties regarding the existing utilities
• Coordinate follow-up meetings with affected utility companies • Coordinate with affected utility companies in relocating utilities prior to construction The above Task 3 services will be provided for a Fixed Fee of $6,000.

Task 4: Potholing
4Creeks, with support from our subconsultant 4CG Construction, will perform potholing to identify and mitigate potential conflicts, specifically for the installation of the traffic signal pole foundations. The 4Creeks Team will obtain an encroachment permit from the City as well as verify pothole locations. A traffic control plan that will be implemented throughout the process will also be provided. Prior to potholing, Underground Service Alert (USA) will be notified to mark existing utilities at the project intersection. USA markings will also be surveyed. Pothole report documentation will be provided.

For this scope of work and fee, we have assumed up to 10 potholes and one to two nights of work with traffic control, equipment, and crew. If work is limited to signal foundation locations only, there may not need to be any closures or night work.

The above Task 4 services will be provided for a Fixed Fee of $40,250.

Task 5: Street Improvement and Traffic Signal Modifications The 4Creeks Team will prepare PS&E for review/approval by the City. Plans and cost estimates will be provided at the 30%, 90%, and 100% final submittal stages. Specifications will be provided at the 90% and 100% submittal stages. It is anticipated that the City will provide a full review of the documents submitted at each stage of the project and will provide their comments to 4Creeks. The 4Creeks Team will address the City’s comments and revise the plans as appropriate and provide the City with responses to comments.

The following will be submitted with the 30%, 90%, and 100% submittals, or as noted below:
● Full-sized (22” x 34”) plans – one hardcopy and electronic PDF file ● Specifications – one hardcopy and one electronic PDF file (90% and 100% submittals) ● Engineer’s Opinion of Probable Construction Costs – one hardcopy and one electronic PDF file ● Electronic copy of specifications in MS Word format (90% and 100% submittals) ● 4Creeks response to comments and tracking - electronic PDF (90% and 100% submittals) ● Electronic copy of plans in AutoCAD Civil 3D (submitted at 100% completion point only) After final comments are addressed, one (1) set of the following hard copies will also be submitted for the final, signed contract documents:
● Full-sized plans
● Specifications
● Engineer’s Opinion of Probable Construction Costs
Construction Plans
4Creeks will submit construction plans that conform to current regulations and guidelines in accordance with City of Porterville’s Standard Plans and Specifications, Caltrans Standards and Specifications, and applicable AASHTO geometric design guidelines. It is anticipated the project improvements can be designed within the existing City right of way or the necessary right of way or easement areas will be obtained by the City.

Ms. Sarah Weaver November 13, 2023
Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Modification Page 4 of 6 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Project plans will be prepared in AutoCAD Civil 3D on 22” x 34” size sheets. 4Creeks anticipates providing the following plan sheets for the project:
• Cover Sheet
• Topographic Survey/Demolition Plan
• Street Improvement Plan
• Signing and Pavement Delineation Plan
• Traffic Signal Modification Plan, including interconnect • Construction Detail Sheet
• City Standard Detail Sheet
It is 4Creeks’ understanding the City will provide PDFs of the as-built signal plans of the intersection for use in preparing the conductor schedule, pole and equipment schedule, and phasing diagram. Should the asbuilts not be accurate to existing conditions, it is assumed the City will meet 4Creeks staff in the field to open cabinets and pull boxes and determine the correct schedules and phasing diagrams and provide to 4Creeks.
4Creeks also assumes the City will prepare the traffic signal timing and program the intersections.

Specifications and Cost Estimate
4Creeks will prepare the project specifications and engineer’s opinion of probable construction costs for the project. The City shall provide 4Creeks their current specifications and technical special provisions in MS Word. Based on directions received from the City, 4Creeks anticipates the City will prepare the up-front, boilerplate specifications. 4Creeks shall prepare and provide the following:
• Short project description to be included in the project specifications • Special provisions, technical specifications, and needed appendices for the project specifications • Engineer’s opinion of probable construction costs
• Bid item description, including measurement and payment for each item • Excel file showing itemized quantity breakdowns
Special provisions and technical specifications that are not covered by the City’s Standard Specifications will be prepared using Caltrans Standard Specifications and Special Provisions, California Manual on Uniform Traffic Control Devices, manufacturer, or industry standard specifications for the specific items identified, or similar technical specifications of previous projects.

The above Task 5 services will be provided for a Fixed Fee of $49,340.

Task 6: Traffic Signal Timing Analysis
4Creeks subconsultant, Kimley-Horn, will participate in the project kick-off meeting to confirm the project information and details of the signal timing evaluation. Kimley-Horm will participate in up to one review meeting with the City to discuss signal timing recommendations and comments. All meetings attended by Kimley-Horn shall be virtual.

Kimley-Horn shall perform a signal timing assessment for the project intersections. The analysis will include:
• Collection of turning movement counts for the intersections of Olive Avenue/SR 65 SB Ramps, Olive Avenue/SR 65 NB Ramps, Olive Avenue/Porter Road/Cloverleaf Street, and Olive Avenue/Indiana Street
• Collection of machine counts (3-day, 24-hour, weekday) for one location • Review and update of base timing parameters including minimum green times for bicycles, yellow intervals, red clearance, leading pedestrian intervals, and pedestrian walk and flashing don’t walk (FDW) intervals
• Review and update of signal coordination plans
• Standardization of existing signal timing plans into a uniform template Ms. Sarah Weaver November 13, 2023
Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Modification Page 5 of 6 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Kimley-Horn will collect and inventory existing timing sheets from the City for the project intersection, the two SR 65 ramp intersections, and Indiana Street.

Kimley-Horn will prepare and submit a brief memorandum summarizing the calculation procedures, timing development methodology, and a spreadsheet detailing recommended timing parameters. In addition, a summary of recommended signal coordination updates will be provided. Kimley-Horn will facilitate a workshop to discuss the timing recommendations and gather City comments. Based on written and verbal comments, Kimley-Horn will finalize the memorandum and develop signal timing plans.

Kimley-Horn will be available to assist the City signal technicians with the implementation of the new traffic signal timing parameters. It is assumed the signal technicians will conduct the controller programming.

Kimley-Horn will perform field observations of intersection operations and if needed, provide recommendations for adjustments of timings based on observations. If changes are made, Kimley-Horn will record the revisions and submit copies of implemented signal timing sheets to the City.

The above Task 6 services will be provided for a Fixed Fee of $23,440.

Task 7: Bidding and Construction Assistance
4Creeks will assist during the bidding and construction phases and provide the following services:
• Attend and participate in a pre-bid meeting with the City and Contractors • Provide supplemental instructions and clarifications to bidders as necessary; produce addendums to modify the bid documents (plans and specifications) as required • Review bids received at the bid opening held by the City and provide a recommendation for award
• Attend and participate in the preconstruction meeting • Respond to Requests for Information
• Review technical submittals if requested by the City
• Assist with change order review if requested by the City • Prepare as-built record drawings in AutoCAD based on red-lined plans provided by the City/Contractor
The above Task 7 services will be provided on a Time and Materials basis. We propose the City budget $13,730 for these services. This task assumes one (1) in-person pre-bid meeting and one (1) in-person preconstruction meeting to be held at the City’s office.

Total Estimated Contract Amount for Tasks 1 to 7 = $156,480.

1. City-provided information/data – The City shall provide the following information/data immediately upon notice to proceed:
• Current City Standard Plans
• Current City Specifications and Technical Special Provisions in MS Word • Record drawings of the project area
• Traffic signal as-built plans and existing signal timing sheets of the Olive Avenue intersections at SR 65 SB Ramps, SR 65 NB Ramps, Porter Road/Cloverleaf Street, and Indiana Street
• Right of way documents or title reports for the project • Any utility information the City may have for the project area

2. Utility Relocation Process – At this time, it is unknown if there are any major utilities that will require relocation. 4Creeks staff will work with the utility companies as efficiently and quickly as possible to finalize the necessary utility relocation packages.

Ms. Sarah Weaver November 13, 2023
Olive Avenue and Porter Road/Cloverleaf Street Traffic Signal Modification Page 6 of 6 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
City of Porterville Responsibilities
• Provide current City Standard Plans and Specifications • Provide current technical special provisions in MS word • Provide responses to Consultant’s questions within two (2) days throughout the project • Attend and participate in monthly project coordination meetings and City review meetings • Provide expedited permits and City review to maintain the project schedule • Provide traffic signal as-built plans and/or obtain information needed in the field per Task 5.

Assumptions and Exclusions
• Based on existing plans provided by the City, it is assumed that there is existing signal coordination between the traffic signals at the SR 65 ramps and Porter Road/Cloverleaf Street. • Review and/or approval by any other agency is excluded. • Coordination with Caltrans, including obtaining a Caltrans Encroachment Permit (other than for potholing traffic control if needed) is excluded.
• Any work not specifically listed in this scope of work is excluded.

If you have questions or need additional information, please feel free to give us a call to discuss.

Sincerely,
Lisa Wallis-Dutra, PE 71262, TR 1888 Matthew D. Ainley, PE 66233 Senior Civil Engineer/Traffic Engineer Principal-In-Charge encl: 4Creeks Fee Schedule
Current Prevailing Wage Surveying Rates
Job No. 22550
Effective May 1, 2022 – Amended (8/01/2023)
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in these rates. Fee schedules for the various billing categories are:

Classification Charges Per
Hour
Classification Charges Per
Hour
Civil Engineering Services Architectural Services
Associate Engineer $125 Associate Architect** $130
Engineer $145 Architect $145
Senior Engineer $175 Senior Architect** $175
Principal Engineer $200
Planning Services Construction Inspection
(Non-Prevailing Wage)
Assistant Planner $90 Associate Construction Inspector $110 Associate Planner** $105 Construction Inspector $130
Planner $135 Senior Construction Inspector $150
Senior Planner $165
Principal Planner $185 Construction Management
Associate Construction Manager $125
Structural Engineering Services Construction Manager $145 Associate Structural Engineer $145 Senior Construction Manager $175 Structural Engineer $160
Senior Structural Engineer $180 Project Manager/Coordinator** Associate Project Manager/Coordinator $120
GIS Services Project Manager/Coordinator $140
Associate GIS Technician $90 Senior Project Manager/Coordinator $175 GIS Technician $100
Senior GIS Technician $120 Technical Services
Project Technician I $85
Utility Design Services Project Technician II $95
Associate Designer $105 Project Technician III $105
Designer $130 Project Technician IV $120
Senior Designer $160
Public Outreach Coordination
Land Surveying Services Associate Outreach Coordinator $105 Assistant Surveyor $110 Outreach Coordinator $125
Land Surveyor $135
Senior Surveyor $155 Water Consulting Services
Principal Land Surveyor $180 Associate Water Consultant $115 1-Man Survey Crew * $150 Water Consultant $135
2-Man Survey Crew * $220 Senior Water Consultant $165
3-Man Survey Crew* $275
Drone Pilot $155 Executive Staff
Associate Executive $120
Software Engineering Services Executive $145
Assistant Software Engineer $75 Senior Executive $165
Associate Software Engineer $90
Software Engineer $135 Expert Witness
Senior Software Engineer $165 Expert Witness $300
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses • Website Hosting Fees: $15/mo. | $150/annual
*Prevailing wage rates by separate schedule – Varies by County **Amended Rates
1 of 1
Effective February 1,2020
Updated August 12, 2021
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour
Construction Inspection (Prevailing Wage)
Construction Inspector $150
Construction Inspector Over Time $180
Construction Inspector - Sunday $210
Land Surveying (Prevailing Wage)
1-Man Survey Crew – Tulare County $150
1-Man Survey Crew – Fresno County $150
1-Man Survey Crew – Kings County $150
1-Man Survey Crew – Kern County $150
1-Man Survey Crew – Merced County
2-Man Survey Crew – Tulare County $280
2-Man Survey Crew – Fresno County $280
2-Man Survey Crew – Kings County $280
2-Man Survey Crew – Kern County $280
2-Man Survey Crew – Merced County $280
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.75 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses

PROPOSED TRAFFIC

SIGNAL LOCATION

ENGINEERING DIVISION

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

OLIVE AVENUE AND

CLOVERLEAF STREET S CLOVERLEAF ST

W OLIVE AVE N WISCONSIN ST
N PORTER RD HIGHWAY 65
Item No.

7. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Authorization to Execute Consultant Agreement - Hayes Field Lighting Project SOURCE: Engineering and Project Management
COMMENT: At its meeting on September 5, 2023, the City Council authorized staff to begin negotiations for a scope and services contract with Green Energy Innovations for full-service materials and installation to replace the existing lights for the three softball fields located at Hayes Field.

Staff was able to negotiate the contract at a not to exceed price of $860,050. An additional $86,005 is required for contingency, construction management, surveying, quality control and inspection services (10%) equating to a total project cost of $946,055. Funding for this work is provided by federal American Rescue Plan Act (ARPA) funds in the amount of $750,000. An additional $196,055 in General Fund Capital Construction/Improvement Designated Fund is required to fully fund the project.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the Hayes Field Lighting Project with Green Energy Innovations in the amount of $860,050;

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

3. Authorize an additional $86,005 for contingency, construction management, surveying, quality control and inspection services; and

4. Approve the draft Resolution authorizing an appropriation of $196,055 from the Capital Construction/Improvement Designated Fund to fully fund the Hayes Field Lighting Project.

ATTACHMENTS: 1. Draft Resolution

2. Draft Service Agreement

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Item No.

7. Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
RESOLUTION NO. _____ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE GENERAL FUND FOR

THE HAYES FIELD LIGHTING PROJECT
WHEREAS: The City of Porterville Municipal Code Section 2-31.4, established the Capital Construction / Improvement Designated Fund for the exclusive purpose of providing funds to support new capital construction and/or improvement projects; and WHEREAS: The Hayes Field Lighting Project is a capital improvement project that will replace the existing lights for the three softball fields located at Hayes Field; NOW, THEREFORE, BE IT RESOLVED:

1.That the City Council of the City of Porterville make a finding that the Hayes Field Lighting Project is a construction improvement project that benefits the community, and is within the intent and purpose of the Capital Construction / Improvement Designated Fund; and

2.That the City Council of the City of Porterville does hereby approve and authorize the appropriation of an amount not to exceed $196,005 from the Capital Construction / Improvement Designated Fund for the Hayes Field Lighting Project; and PASSED, APPROVED and ADOPTED this 21st day of November, 2023.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: November 21, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and Green Energy Innovations, hereinafter referred to as "CONSULTANT".

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

Project Name: Hayes Field Lighting Project
Description of Project: In general, the consultant will be full-service materials and installation to replace the existing lights for the three softball field located at Hayes Field per the Cost Estimate Breakdown (Attachment “A”).

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

SECTION 1. CONTRACT SERVICES:

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

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed Eight Hundred Sixty Thousand Fifty Dollars, ($860,050).

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

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

SECTION 3. COMPLETION DATE:

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

SECTION 4. FAMILIARITY WITH PROJECT:

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

SECTION 5. INDEPENDENT CONTRACTOR:

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

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than One Million Dollars ($1,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents Service Agreement

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

SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

SECTION 11. ENTIRE CONTRACT:

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

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

SECTION 12. DISPUTES; VENUE:

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

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

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

CITY OF PORTERVILLE CONSULTANT
By By
Date Date
8485 Artesia Blvd Unit A Buena Park, Ca 90621
Phone: 323.622.1930 | Fax: 323.622.1937
Bill to: Sarah Weaver, Project Manager
Business Name: City of Porterville, CA - Hayes Field Lighting Invoice Number: GEI 110323 Contract No: Date: 11/2/2023
Address: 945 W Mulberry Ave, Porterville, CA 93257 Reference No: 110 HAYES Payment:

Phone: Delivery date:

Pick up date:

Line Total
WS-PKG - WiLL (Wisconsin Lighting Lab) WiLLsport LED Sports Lighting Package CUSTOM CLASS IV RECREATIONAL 30/20FC KBX LED SYSTEM FOR HAYES FIELDS INCLUDING:
(8) TOTAL 50' GALVANIZED STEEL POLES, PRESHIPPED BOLTS, PE STAMPED FOOTING DESIGN & CALCS, ONBOARD, PRE-AIMED KBX SPORTSLIGHTERS, 480V, 4 SUPPLEMENTAL PARKING LOT LIGHTING, FREIGHT, USA MADE WS-GFX-CONSOLE - WiLLsport™ GFX Wireless Lighting Control + Entertainment System

WIRELESS SCHEDULING & ENTERTAINMENT CONTROL CONSOLE, TOUCHSCREEN PANEL WS-GFX-WILL CLOUD - WiLLsport™ GFX Wireless Lighting Control + Entertainment System 5 YEAR REMOTE ACCESS FOR WILL CLOUD FEATURE [ANNUAL SUBSCRIPTION] INCLUDED ADDITIONAL ANNUAL SUBSCRIPTIONS AT ADDITIONAL COST - $1200/ANNUAL CELLULAR/SATTELITE BASED WIRELESS CONTROL SYSTEM. NO ONSITE INTERNET REQUIRED

SCOPE OF WORK

REMOVE, DISPOSE AND RECYCLE ALL EXISTING WOODEN LIGHT POLES AND FIXTURES, INSTALL NEW FOOTINGS, POLES, FIXTURES ACCORDING TO SPECS. BACKFILL ABANDONED POLE LOCATIONS. TERMINATE UNUSED ELECTRICAL CONDUCTORS INSTALL UNDRGROUND PULL BOXES REUSING EXISTING CONDUIT. INSTALL DISCONNECTS AS PER PLAN PER POLE.

INSTALL NEW CONDUCTORS FOR ALL POLE LIGHTING.

GEOTECHNICAL SURVEY, PRELIM. LAND SURVEYING, CIVIL, STRUCTURAL, ELECTRICAL, LIGHTING PHOTOMETRICS STUDY

STAMPED PE PLANSET SUBMITTAL, FEES, INSPECTIONS, PERMITS AS NECESSARY NOTES: REPLACING DAMAGED EXISTING UNDERGROUND RUNS CONDUIT NOT INCLUDED.

Subtotal : 835,000.00 $
Bonds, Insurance (3%) : 25,050.00 $
Total Amount : 860,050.00 $
Date:

OPTION 1
Description

SPORTS LIGHTING PACKAGE

ENGINEERING SERVICES
Thank you for the business!
Main Office :
8485 Artesia Blvd Unit A Buena Park, Ca 90621
Tel 323.622.1930 | Fax 323.622.1937
SF Branch Office :
653 143rd Ave, San Leandro, CA 94578
Tel 510.560.4771 | Fax 530.588.9823
Customer Name:

Customer Signature:

Attachment "A"

Item No.

8. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Authorization to Execute Consultant Agreement - Newcomb Street & Mulberry Avenue Traffic Signal Design
SOURCE: Engineering and Project Management
COMMENT: The intersection of Newcomb Street and Mulberry Avenue has met traffic warrant requirements to justify the installation of a traffic signal. The project will install a traffic signal and provide accessible curb ramps at all corners to increase safety for drivers and pedestrians alike in the area. Staff has reached out to 4Creeks, Inc for a quote for the design work as the firm is listed on the City's approved Engineering & Surveying Consultant On-Call List and have inhouse staff that specializes in traffic signals. 4Creeks, Inc. has submitted a quote in the amount of $139,139 for the design work. Funding for the design of this project is provided by Local Transportation Funds (LTF) as approved in the Fiscal Year 2023-2024 Budget.

Staff has found the negotiated price acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management Director to execute the Consultant Service Agreement for the Newcomb Street & Mulberry Avenue Traffic Signal Project Design with 4Creeks, Inc in the amount of $139,139; and

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

ATTACHMENTS: 1. Draft Service Agreement

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

SERVICE AGREEMENT
DATE: November 21, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and 4Creeks Incorporated, hereinafter referred to as "CONSULTANT".

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

Project Name: Design and construction support services for Newcomb Street & Mulberry Avenue Traffic Signal Project
Description of Project: In general, the consultant will be provide engineering services for the Newcomb Street & Mulberry Avenue Traffic Signal Project. Details are summarized in Scope of Services as Attachment “A”.

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

SECTION 1. CONTRACT SERVICES:

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

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed One Hundred Thirty-Nine Thousand One Hundred Thirty-Nine Dollars, ($139,139).

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

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

SECTION 3. COMPLETION DATE:

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

SECTION 4. FAMILIARITY WITH PROJECT:

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

SECTION 5. INDEPENDENT CONTRACTOR:

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

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

(iv) Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”

SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

SECTION 11. ENTIRE CONTRACT:

Service Agreement

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

SECTION 12. DISPUTES; VENUE:

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

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

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

CITY OF PORTERVILLE CONSULTANT
By By

Date Date
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
November 13, 2023
Ms. Sarah Weaver
Project Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
Subject: Proposal for Design of a New Traffic Signal at the Intersection of Newcomb Street and Mulberry Avenue, Porterville, California
Dear Ms. Weaver,
We have prepared a scope of work and fee for the services required to complete the plans, specifications, and engineer’s opinion of probable construction costs (PS&E) for the proposed new traffic signal project at the intersection of Newcomb Street and Mulberry Avenue. Our understanding is that the scope of work will generally include the following:
• Topographic survey of the project limits
• Acquire utility maps and utility coordination
• Traffic signal design for the intersection of Newcomb Street and Mulberry Avenue • Design for removal and replacement of four (4) curb ramps • Preliminary potholing
• Project specifications and engineer’s opinion of probable construction costs • Legal descriptions and exhibits for right of way (if needed) • New coordination for the project intersection will evaluate coordinating the new traffic signal with the intersections of Newcomb Street/Henderson Avenue and Newcomb Street/Westfield Avenue Below you will find a breakdown of the tasks needed to complete this project.

Task 1: Project Management
4Creeks will schedule, coordinate, attend, and facilitate the following identified project meetings with the City:
• Project kick-off meeting
• Preliminary design meeting
• Plan check review meeting (total of three)
The purpose of the Project Management task is to organize the efforts of the project team and the City and to keep the project on schedule and on budget. 4Creeks will:
• Manage project tasks and completion of work products
• Manage and update the project schedule in coordination with the City of Porterville • Schedule meetings in coordination with the City of Porterville • Represent the 4Creeks Team at project coordination meetings • Prepare and distribute project coordination meeting minutes • Respond to the City’s questions/correspondence
• Implement and maintain quality control procedures across all disciplines involved in the project • Provide overall quality control of the contract documents • Prepare and submit monthly invoices to the City of Porterville The above Task 1 services will be provided for a Fixed Fee of $12,540.

Attachment "A"
Ms. Sarah Weaver November 13, 2023
Newcomb Street and Mulberry Avenue Page 2 of 6
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Task 2: Topographic Survey
4Creeks will complete the topographic survey of the project limits for use in creating the base maps. The topographic survey shall include, but not be limited to, the following:
• Property and right of way lines (based on available existing survey information); City of Porterville to provide Preliminary Title Reports for all parcels that are impacted by the project • Existing grade and elevations to 10-feet beyond future right of way and within the street right of way of any existing pavement, curb, gutters, sidewalks, natural grades, and other miscellaneous items
• Monument lines, if applicable
• Street centerlines
• Pavement edges, crowns, quarter crowns, and hinge points • Flowlines
• Curbs and gutters
• Sidewalks
• Drive approaches and driveways
• Edges of pavement
• Existing pavement delineation
• Sign locations
• Visible utility infrastructure including utility poles, valves, and streetlights • Fence locations
• Locations, depths, size, and type of sewer and storm drain lines and manholes • Local property control monuments to serve as the horizontal control and local City benchmark to serve as the vertical control
• Other surface improvements
Right of way limits will be drafted on the topographic survey from record maps. This fee does not include ordering title reports for separate properties or record research of dedicated easements/additional right of way. The City shall also provide available as-built plans for the project limits.

The above Task 2 services will be provided for a Fixed Fee of $9,140.

Task 3: Utility Research and Coordination
4Creeks will work with utility companies affected by the project in providing a complete set of plans for construction bidding. 4Creeks will complete utility research to identify and mitigate existing and potential conflicts. 4Creeks will complete the following utility research and coordination:
• Obtain utility plats and record drawings from utility companies • Schedule meetings and site visits with affected utility companies and the City of Porterville in identifying utility conflicts
• Include obtained utility information in the topographic survey and base map • Draft conflict maps for each affected facility
• Utilize potholing information in updating the utilities added to the topographic survey and to clarify uncertainties regarding the existing utilities
• Coordinate follow-up meetings with affected utility companies • Coordinate with affected utility companies in relocating utilities prior to construction The above Task 3 services will be provided for a Fixed Fee of $6,000.

Task 4: Potholing
4Creeks, with support from our subconsultant 4CG Construction, will perform potholing to identify and mitigate potential conflicts, specifically for the installation of the traffic signal pole foundations. The 4Creeks Team will obtain an encroachment permit from the City as well as verify pothole locations. A traffic control plan that will be implemented throughout the process will also be provided. Prior to potholing, Underground Ms. Sarah Weaver November 13, 2023
Newcomb Street and Mulberry Avenue Page 3 of 6
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Service Alert (USA) will be notified to mark existing utilities at the project intersection. USA markings will also be surveyed. Pothole report documentation will be provided.

For this scope of work and fee, we have assumed up to 10 potholes and one to two nights of work with traffic control, equipment, and crew. If work is limited to signal foundation locations only, there may not need to be any closures or night work.

The above Task 4 services will be provided for a Fixed Fee of $28,750.

Task 5: Street Improvement and Traffic Signal PS&E
The 4Creeks Team will prepare PS&E for review/approval by the City. Plans and cost estimates will be provided at the 30%, 90%, and 100% final submittal stages. Specifications will be provided at the 90% and 100% submittal stages. It is anticipated that the City will provide a full review of the documents submitted at each stage of the project and will provide their comments to 4Creeks. The 4Creeks Team will address the City’s comments and revise the plans as appropriate and provide the City with responses to comments.

The following will be submitted with the 30%, 90%, and 100% submittals, or as noted below:
● Full-sized (22” x 34”) plans – one hardcopy and electronic PDF file ● Specifications – one hardcopy and one electronic PDF file (90% and 100% submittals) ● Engineer’s Opinion of Probable Construction Costs – one hardcopy and one electronic PDF file ● Electronic copy of specifications in MS Word format (90% and 100% submittals) ● 4Creeks response to comments and tracking – electronic PDF (90% and 100% submittals) ● Electronic copy of plans in AutoCAD Civil 3D (submitted at 100% completion point only) After final comments are addressed, one (1) set of the following hard copies will also be submitted for the final, signed contract documents:
● Full-sized plans
● Specifications
● Engineer’s Opinion of Probable Construction Costs
Construction Plans
4Creeks will submit construction plans that conform to current regulations and guidelines in accordance with City of Porterville’s Standard Plans and Specifications, Caltrans Standards and Specifications, and applicable AASHTO geometric design guidelines. It is anticipated the project improvements can be designed within the existing City right of way or the necessary right of way or easement areas will be obtained by the City.

Project plans will be prepared in AutoCAD Civil 3D on 22” x 34” size sheets. 4Creeks anticipates providing the following plan sheets for the project:
• Cover Sheet
• Topographic Survey/Demolition Plan
• Street Improvement Plan
• Signing and Pavement Delineation Plan
• Traffic Signal Plan, including interconnect
• Construction Detail Sheet
• City Standard Detail Sheet

Specifications and Cost Estimate
4Creeks will prepare the project specifications and engineer’s opinion of probable construction costs for the project. The City shall provide 4Creeks their current specifications and technical special provisions in MS Word. Based on directions received from the City, 4Creeks anticipates the City will prepare the up-front, boilerplate specifications. 4Creeks shall prepare and provide the following:

Ms. Sarah Weaver November 13, 2023
Newcomb Street and Mulberry Avenue Page 4 of 6
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Short project description to be included in the project specifications • Special provisions, technical specifications, and needed appendices for the project specifications • Engineer’s opinion of probable construction costs
• Bid item description, including measurement and payment for each item ➢ Excel file showing itemized quantity breakdowns
Special provisions and technical specifications that are not covered by the City’s Standard Specifications will be prepared using Caltrans Standard Specifications and Special Provisions, California Manual on Uniform Traffic Control Devices, manufacturer, or industry standard specifications for the specific items identified, or similar technical specifications of previous projects.

The above Task 5 services will be provided for a Fixed Fee of $49,340.

Task 6: Traffic Signal Timing Analysis
4Creeks subconsultant, Kimley-Horn, will participate in the project kick-off meeting to confirm the project information and details of the signal timing evaluation. Kimley-Horn will participate in up to one review meeting with the City to discuss signal timing recommendations and comments. All meetings attended by Kimley-Horn shall be virtual.

Kimley-Horn shall perform a signal timing assessment for the project intersections. The analysis will include:
• Collection of turning movement counts for the intersections of Newcomb Street/Westfield Avenue, Newcomb Street/Mulberry Avenue, and Newcomb Street/Henderson Avenue • Collection of machine counts (3-day, 24-hour, weekday) for one location • Review and update of base timing parameters including minimum green times for bicycles, yellow intervals, red clearance, leading pedestrian intervals, and pedestrian walk and flashing don’t walk (FDW) intervals
• Review and update of signal coordination plans
• Standardization of existing signal timing plans into a uniform template Kimley-Horn will collect and inventory existing timing sheets from the City for the project intersection and the two adjacent traffic signals.

Kimley-Horn will prepare and submit a brief memorandum summarizing the calculation procedures, timing development methodology, and a spreadsheet detailing recommended timing parameters. In addition, a summary of recommended signal coordination updates will be provided. Kimley-Horn will facilitate a workshop to discuss the timing recommendations and gather City comments. Based on written and verbal comments, Kimley-Horn will finalize the memorandum and develop signal timing plans.

Kimley-Horn will be available to assist the City signal technicians with implementation of the new traffic signal timing parameters. It is assumed the signal technicians will conduct the controller programming.

Kimley-Horn will perform field observations of intersection operations and if needed, provide recommendations for adjustments of timings based on observations. If changes are made, Kimley-Horn will record the revisions and submit copies of implemented signal timing sheets to the City.

The above Task 6 services will be provided for a Fixed Fee of $19,639.

Task 7: Bidding and Construction Assistance
4Creeks will assist during the bidding and construction phases and provide the following services:
• Attend and participate in a pre-bid meeting with the City and Contractors • Provide supplemental instructions and clarifications to bidders as necessary; produce addendums to modify the bid documents (plans and specifications) as required Ms. Sarah Weaver November 13, 2023
Newcomb Street and Mulberry Avenue Page 5 of 6
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Review bids received at the bid opening held by the City and provide a recommendation for award
• Attend and participate in the preconstruction meeting • Respond to Requests for Information
• Review technical submittals if requested by the City
➢ Assist with change order review if requested by the City ➢ Prepare as-built record drawings in AutoCAD based on red-lined plans provided by the City/Contractor
The above Task 7 services will be provided on a Time and Materials basis. We propose the City budget $13,730 for these services. This task assumes one (1) in-person pre-bid meeting and one (1) in-person preconstruction meeting to be held at the City’s office.

Total Estimated Contract Amount for Tasks 1 to 7 = $139,139.

1. City-provided information/data – The City shall provide the following information/data immediately upon notice to proceed:
• Current City Standard Plans
• Current City Specifications and Technical Special Provisions in MS Word • Record drawings of the project area
• Traffic signal as-built plans and existing signal timing sheets for the intersections of Newcomb Street/Westfield Avenue, Newcomb Street/Mulberry Street, and Newcomb Street/Henderson Avenue
• Right of way documents or title reports for the project • Any utility information the City may have for the project area

2. Utility Relocation Process – At this time, it is unknown if there are any major utilities that will require relocation. 4Creeks staff will work with the utility companies as efficiently and quickly as possible to finalize the necessary utility relocation packages.

City of Porterville Responsibilities
• Provide current City Standard Plans and Specifications • Provide current technical special provisions in MS word • Provide responses to Consultant’s questions within two (2) days throughout the project • Attend and participate in monthly project coordination meetings and City review meetings • Provide expedited permits and City review to maintain the project schedule • Provide Preliminary Title Reports for all parcels that are impacted by the project • Provide traffic signal as-built plans and existing signal timing sheets for the intersections of Newcomb Street/Westfield Avenue, Newcomb Street/Mulberry Street, and Newcomb Street/Henderson Avenue
Assumptions and Exclusions
• It is assumed GPS time clocks will be used to maintain time-based signal coordination at the project intersections.
• Review and/or approval by any other agency, including the California Division of the State Architect (DSA), is excluded.
• Any work not specifically listed in this scope of work is excluded.

Ms. Sarah Weaver November 13, 2023
Newcomb Street and Mulberry Avenue Page 6 of 6
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
We are very excited to submit this proposal and look forward to continuing to develop a strong working relationship with the City of Porterville. If you have questions or need additional information, please feel free to give us a call to discuss.

Sincerely,
Lisa Wallis-Dutra, PE 71262, TR 1888 Matthew D. Ainley, PE 66233 Senior Civil/Traffic Engineer Principal-In-Charge
encl: 4Creeks Fee Schedule
Current Prevailing Wage Surveying Rates
Job No. 22549
Effective May 1, 2022 – Amended (8/01/2023)
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in these rates. Fee schedules for the various billing categories are:

Classification Charges Per
Hour
Classification Charges Per
Hour
Civil Engineering Services Architectural Services
Associate Engineer $125 Associate Architect** $130
Engineer $145 Architect $145
Senior Engineer $175 Senior Architect** $175
Principal Engineer $200
Planning Services Construction Inspection
(Non-Prevailing Wage)
Assistant Planner $90 Associate Construction Inspector $110 Associate Planner** $105 Construction Inspector $130
Planner $135 Senior Construction Inspector $150
Senior Planner $165
Principal Planner $185 Construction Management
Associate Construction Manager $125
Structural Engineering Services Construction Manager $145 Associate Structural Engineer $145 Senior Construction Manager $175 Structural Engineer $160
Senior Structural Engineer $180 Project Manager/Coordinator** Associate Project Manager/Coordinator $120
GIS Services Project Manager/Coordinator $140
Associate GIS Technician $90 Senior Project Manager/Coordinator $175 GIS Technician $100
Senior GIS Technician $120 Technical Services
Project Technician I $85
Utility Design Services Project Technician II $95
Associate Designer $105 Project Technician III $105
Designer $130 Project Technician IV $120
Senior Designer $160
Public Outreach Coordination
Land Surveying Services Associate Outreach Coordinator $105 Assistant Surveyor $110 Outreach Coordinator $125
Land Surveyor $135
Senior Surveyor $155 Water Consulting Services
Principal Land Surveyor $180 Associate Water Consultant $115 1-Man Survey Crew * $150 Water Consultant $135
2-Man Survey Crew * $220 Senior Water Consultant $165
3-Man Survey Crew* $275
Drone Pilot $155 Executive Staff
Associate Executive $120
Software Engineering Services Executive $145
Assistant Software Engineer $75 Senior Executive $165
Associate Software Engineer $90
Software Engineer $135 Expert Witness
Senior Software Engineer $165 Expert Witness $300
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses • Website Hosting Fees: $15/mo. | $150/annual
*Prevailing wage rates by separate schedule – Varies by County **Amended Rates
1 of 1
Effective February 1,2020
Updated August 12, 2021
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour
Construction Inspection (Prevailing Wage)
Construction Inspector $150
Construction Inspector Over Time $180
Construction Inspector - Sunday $210
Land Surveying (Prevailing Wage)
1-Man Survey Crew – Tulare County $150
1-Man Survey Crew – Fresno County $150
1-Man Survey Crew – Kings County $150
1-Man Survey Crew – Kern County $150
1-Man Survey Crew – Merced County
2-Man Survey Crew – Tulare County $280
2-Man Survey Crew – Fresno County $280
2-Man Survey Crew – Kings County $280
2-Man Survey Crew – Kern County $280
2-Man Survey Crew – Merced County $280
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.75 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses

PROPOSED TRAFFIC

SIGNAL LOCATION

ENGINEERING DIVISION

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

NEWCOMB STREET AND

MULBERRY AVENUE N NEWCOMB ST

W MULBERRY AVE N LOTAS PL

MONACHE HIGH
SCHOOL
Item No.

9. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Selection of On-Call Engineering Consultants to Add to Current List SOURCE: Engineering and Project Management
COMMENT: At it's meeting on July 18, 2023, the City Council authorized the distribution of a Request for Qualifications (RFQ) to add to the current on-call list of Qualified Engineering Consultants. Said list is valid until April 19, 2025, with two possible 1-year extensions allowed beyond that date. Staff received eight Statements of Qualifications (SOQs) for consideration; of the SOQs received, only seven provided qualifications and experience to be considered for the list.

The qualifying SOQs were ranked in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services" adopted by the City Council (Resolution #16-2001). In order to be consistent with the standards set by the current list of on-call materials testing firms, the SOQs must score at least eighty (80) points to be added to said list. Staff reviewed the seven qualified SOQs provided by the firms wherein they were rated according to the aforementioned policy, with the following results:
(1) Carollo 88.2 pts
(2) Peters Engineering Group 86.6 pts
(3) Provost & Pritchard 86.4 pts
(4) HydroScience 85.3 pts
(5) DPSI 85.6 pts
(6) Borrelli & Associates 83.1 pts
(7) Bureau Veritas 66.5 pts
All but one of the seven firms ranked high enough to be added to the existing on-call list for Engineering Consultants. Should council approve the addition of the six firms ranking higher than eighty (80) points as listed above, the updated overall ranking of the on-call engineering consultants list will be as follows:
(1) 4Creeks, Inc 93 pts
(2/3) Dee Jaspar & Associates, Inc. 92.6 pts
(2/3) Quad Knopf, Inc (QK) 92.6 pts
(4) Carollo 88.2 pts
(5) Peters Engineering Group 86.6 pts
(6) Provost & Pritchard 86.4 pts
(7) HydroScience 85.3 pts
Item No.

9. (8) DPSI 85.6 pts
(9) Borrelli & Associates 83.1 pts
Staff is pleased with the level of interest in this RFQ and the quality of the SOQs received.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate on-call contracts with Carollo, Peters Engineering Group, Provost & Pritchard, HydroScience, DPSI, and Borrelli & Associates;

2. Authorize the Mayor to sign contract agreements;

3. Authorize the Engineering & Project Management Director to sign task orders; and

4. Authorize staff to make payments up to one hundred percent (100%) upon satisfactory completion of tasks.

ATTACHMENTS: 1. Resolution No. 16-2001
Appropriated/Funded:

Review By:

Department Director:

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

Item No.

10. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: Approval of Community Civic Event - Porterville Kiwanis Club - Food Trucks in the Park - December 2, 2023
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold "Food Trucks in the Park" event on Saturday, December 2, 2023, from 10:00 AM to 6:00 PM at Veterans Park. This event is a club fundraiser and would include local food vendors/trucks, nonprofits, and crafter vendors. An outside amplifier permit has been approved from 10:00 AM to 6:00 PM.

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 submitted by the Porterville Kiwanis Club to hold "Food Trucks in the Park" event at Veterans Park on December 2, 2023, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Item No.

11. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: City Council Member Requested Agenda Item - Consider Potential Modification to Article IV, Section G "Requests for Proclamations" Contained in the City Council Procedural Handbook
SOURCE: City Manager's Office
COMMENT:

Council Member Weyhrauch has requested that the City Council consider a potential modification to Article IV, Section G "Requests for Proclamations" contained in the City Council Procedural Handbook. Pursuant to the Handbook, should the Council approve to consider Council Member Weyhrauch's request, the subject would be considered as a Scheduled Matter at the Council's next regular meeting on December 5, 2023.

RECOMMENDATION: That the City Council approve Council Member Weyhrauch's request to consider a potential modification to Article IV, Section G "Requests for Proclamatons" contained in the City Council Procedural Handbook as a Scheduled Matter at its next regular meeting on December 5, 2023.

ATTACHMENTS: 1. City Council Procedural Handbook: Article IV Section G "Requests for Proclamations" Proposed Modification
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
Excerpt from the CITY COUNCIL PROCEDURAL HANDBOOK
G. Requests for Proclamations
The City routinely receives requests for proclamations. Proclamations are ceremonial statements which do not convey legislative action. Each individual Council Member has the authority to grant and sign proclamations. Within one business day of receipt of a Request for Proclamation, staff shall scan and email the request to all City Council Members. In the event a Council Member is interested in granting the request, they shall notify staff of their interest. If more than one Council Member responds, the first responsive notification received by staff shall be the grantor. Upon receipt of the affirmative response, staff shall advise the remaining Council Members and inquire whether they would also like to sign the proclamation. The Council shall have one business day to reply, after which the proclamation will be drafted with the appropriate number of signature blocks, and the grantor and signers shall be notified of its availability for signature. Only Proclamations signed by the Mayor shall be a Proclamation of the City of Porterville and have the City Seal affixed. All other proclamations shall. Have the following for each Council Member in which joins in signing the proclamation:

NOW, THEREFORE, I, City Council Member’s Name, City Council Member of the City of Porterville, do Hereby proclaim . . . .as.

The signed proclamations will be made available in the Office of City Clerk for pick up by the requestor, unless arrangements have been made for presentation at a certain event.

Proclamations shall not be included on the Council Agenda nor presented at a Council Meeting unless so approved by a majority of the Council. Staff shall provide a monthly informational report to the City Council identifying the proclamations granted for the preceding month Item No.

12. CITY COUNCIL AGENDA – NOVEMBER 21, 2023
SUBJECT: City Council Member Requested Agenda Item - Consider a Draft Resolution Affirming the City's Commitment to the Principles of Individual Liberty, Conscience Rights, and Medical Freedom
SOURCE: City Manager's Office
COMMENT:

Council Member Meister has requested that the City Council consider a draft Resolution to affirm the City's commitment to the principles of individual liberty, conscience rights, and medical freedom. Pursuant to the City Council Procedural Handbook, should the Council approve to consider Council Member Meister's request, the draft Resolution would be considered as a Scheduled Matter at the Council's next regular meeting on December 5, 2023.

RECOMMENDATION: That the City Council approve Council Member Meister's request to consider a draft Resolution to affirm the City's commitment to the principles of individual liberty, conscience rights, and medical freedom as a Scheduled Matter at its next regular meeting on December 5, 2023.

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

AFFIRMING ITS COMMITMENT TO THE PRINCIPLES OF INDIVIDUAL LIBERTY,

CONSCIENCE RIGHTS, AND MEDICAL FREEDOM
WHEREAS, the principles of individual liberty, conscience rights, and bodily integrity are fundamental to a free and just society, and furthermore embodied throughout several provisions of the Constitution; and
WHEREAS, the right to make informed medical decisions, including the right to choose or refuse medical treatments and interventions, is a fundamental human right; and WHEREAS, both the United States and State of California have enacted law aimed to safeguard medical liberties, ensuring inviolable guaranteed privacy, and preventing discrimination in personal health choices, as exemplified by the federal Health Insurance Portability and Accountability Act (HIPPA) and the California Confidentiality of Medical Information Act (CMIA); and
WHEREAS, the residents of the City of Porterville are entitled to make their own medical choices, free from coercion, discrimination, or undue interference; and WHEREAS, the COVID-19 pandemic and other public health emergencies have raised important questions about the balance between public health measures and individual rights; and WHEREAS, it is important to recognize that executive orders, agency orders, or rulemakings, as a matter of delegated and non-delegated powers, do not provide the ability to suspend or circumnavigate individual rights or enacted law; and WHEREAS, it was witnessed the ostensible enforcement of policy in which that led to the unlawful coercion, suspension, and termination of employees and citizen’s rights who did not abide by such abrogated mandates; and
WHEREAS, the citizen rights were violated by many governments, as a matter of enforcing such unlawful policies, including, but not limited to, the right to participate in public meetings, engage in assembly, exercise free speech, freedom of movement, parental rights, as well as the right to informed consent and privacy in medical decisions; and WHEREAS, it is the responsibility of the City of Porterville to respect and protect the rights and freedoms of its residents.

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

1. The City reaffirms its commitment to the principles of individual liberty, conscience rights, and medical freedom.

Resolution No. ___-2023

2. Every resident of Porterville has the right to make their own informed medical decisions, including the right to consent to or decline medical treatments and interventions, free from coercion, discrimination, or undue interference.

3. The City of Porterville will not discriminate against individuals based on their vaccination status or medical choices, and will respect the privacy of individuals’ medical information.

4. The City of Porterville will abide by its primary obligation to individual civil rights as codified in the Federal and State Constitution being superior to public health emergencies.

5. The City of Porterville recognizes the importance of public health measures to protect the community within the law to promote public health, notwithstanding public health emergencies.

6. The City of Porterville acknowledges that many government agencies used regrettable enforcement of policies and mandates from proclamations that were both egregious and unconstitutional.

7. The City of Porterville recognizes its inherent authority to evaluate and either sanction or disapprove such policies, and recommits to its residents that it will refuse to follow unlawful directives, especially those that infringe upon protected rights or unjustly suspend the rule of law.

8. The City of Porterville encourages open and respectful dialogue on medical issues, fostering understanding and cooperation among its residents through Free Speech and open dialog without censorship.

9. The City of Porterville will continue to monitor and adapt its policies and practices to protect the rights and freedoms of its residents while also addressing public health concerns as embodied in the word of law, not including outside-the-law imposition.

10. The City of Porterville has a supreme obligation and sworn Oath to both the State and Federal Constitutions which is superior to all unlawful policies, mandates, or other unconstitutional orders that would supersede this primary duty.

11. This resolution is hereby enacted by the City of Porterville, and it shall serve as a reaffirmation of our commitment to the principles of medical freedom and individual rights.

Resolution No. ___-2023

PASSED, APPROVED AND ADOPTED this 21st day of November, 2023. __________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: ________________________________
Fernando Gabriel-Moraga,
Deputy City Clerk
Item No.

13. CITY COUNCIL AGENDA – NOVEMBER 21, 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 November 7, 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.

13. 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.

13. (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.

13. 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.

13. 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.

13. 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.

13. 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.

13. 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
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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 ("—►
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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