Porterville City Council
December 5, 2023

City Council Agenda December 5, 2023

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
DECEMBER 5, 2023, 5:30 PM
The City of Porterville is allowing for electronic viewing of City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at
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City of Porterville – City Council Meeting of December 5, 2023 Please use the following link below to join the webinar:
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Or via Telephone: 1-669-900-6833 Webinar ID: 885 8201 0168 Passcode: 614191 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: Marisela Alcantar. Agency claimed against: City of Porterville.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Julio Garcia. Agency claimed against: City of Porterville.

3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Rhiannon Roulston v. City of Porterville, Tulare County Superior Court Case No. PCU 294353.

4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Clifford Helms v. City of Porterville, Tulare County Superior Court Case No. 303334.

5 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three (3) cases in which facts are not yet known to potential plaintiffs.

City Council Agenda December 5, 2023

6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

PRESENTATIONS
Employee of the Month - James Wickersham
Tulare County Economic Development Corporation Update

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

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

1. Approval of Draft Minutes of September 19, 2023, and November 21, 2023 Re: Considering approval of the City Council draft Minutes of September 19, 2023, and November 21, 2023.

2. Authorization to Purchase Two Type 1 Fire Engines and One Tiller Ladder Truck Re: Consideration to authorize the purchase of two Type 1 Fire Engines and one Tiller Ladder Truck from Rosenbauer of America in the amount of $4,674,669.30.

3. Authorization to Purchase ArcGIS Enterprise Upgrade Software from Environmental Systems Research Institute (ESRI) Enterprise.

Re: Consideration to authorize the purchase of ArcGIS Enterprise Upgrade Software and Associated Annual Maintenance from Environmental Systems Research Institute (ESRI).

4. Authorization to Repair Transit Bus Transmission
Re: Consideration to authorize a transit bus repair by Saunders Automatic Service Inc. at a cost not to exceed $16,093.

5. Authorization to Replace Refuse Truck Fuel Pump
Re: Consideration to authorize a refuse truck fuel pump replacement by American Truck Parts/Golden State Peterbilt at a cost not to exceed $9,916.

6. Request for Approval to Migrate the City's VoIP system to GoTo Connect Re: Consideration to approve the migration of the City's Voice Over IP system to GoTo Technologies USA, Inc. for a term of sixty (60) months with an initial cost of $51,845.21, and a monthly cost of $3,919.79.

City Council Agenda December 5, 2023

7. Authorization to Distribute a Request for Proposal (RFP) for Consulting Services to Prepare the Community Development Block Grant (CDBG) Five-Year Consolidated Plan and Update the Analysis of Impediments or Prepare an Assessment of Fair Housing
Re: Considering approval to distribute a RFP to update the City's CDBG Consolidated Plan for the planning period of 2025/26 through 2029/30 program years.

8. City Easement Conveyance to Southern California Edison Re: Consideration to approve the draft Resolution authorizing a Grant Deed of Easement to Southern California Edison Company.

9. Permanent Local Housing Allocation Request for Proposals (RFP) – Additional Funds to be included in RFP No. 22/23-SR1957
Re: Consideration to authorize staff to issue a Request for Proposal for funds to the RFP No. 22/23 - SR1957, specifically for Navigation Center/Emergency/Bridge Housing and Permanent Supportive Housing operations, to include remaining Administration (up to 5%) for a total of $292,545.48.

10. Amendment to the Pay Rate Schedule for Seasonal and Part-Time Employees Re: Consideration to adopt the draft Resolution amending the City's Employee Pay and Benefit Plan, Seasonal and Part-Time Rates.

11. Approval of Community Civic Event - Experimental Aircraft Association - Porterville Military Academy 5K Trail Run - March 9, 2024
Re: Consideration to approve the Community Civic Event Application submitted by the Experimental Aircraft Association to hold the PMA 5K Trail Run event on March 9, 2023, from 6:00 AM to 12:00 PM, starting and finishing at the Porterville Military Academy.

12. Consideration of Potential Local Regulations Addressing Regulation of Camping, the Protection of Critical Infrastructure and Public Access to Open Spaces Re: Continued consideration of potential local regulations addressing regulation of camping, the protection of critical infrastructure and public access to open spaces to be reviewed at the City Council meeting of December 19, 2023.

13. Authorization of Christmas Eve Library Closure
Re: Consideration to authorize the closure of the temporary library on Sunday, December 24, 2023.

14. Cancellation of January 2, 2024, City Council Meeting Re: Considering the cancellation of the first City Council Meeting in January 2024.

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

SCHEDULED MATTERS

16. Review of City Participation in the Tulare County Regional Transit Agency Re: Review and consideration of the City's participation in the Tulare County Regional Transportation Agency.

17. Consider Potential Modification to Article IV, Section G "Requests for Proclamations" Contained in the City Council Procedural Handbook
City Council Agenda December 5, 2023

Re: Considering potential modification to Article IV, Section G "Requests for Proclamations" contained in the City Council Procedural Handbook.

18. Consider a Draft Resolution Affirming the City's Commitment to the Principles of Individual Liberty, Conscience Rights, and Medical Freedom Re: Considering a draft Resolution affirming the City's commitment to the principles of individual liberty, conscience rights, and medical freedom.

19. 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. Tulare County Economic Development Corporation (TCEDC) - November 29, 2023

2. Internal City Audit Committee - November 29, 2023

3. Tulare County Regional Transit Agency (TCRTA) - November 30, 2023

ORAL COMMUNICATIONS

OTHER MATTERS

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

ADJOURNMENT - to the meeting of December 19, 2023 at 5:30 P.M.

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

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

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

Item No. 1.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Approval of Draft Minutes of September 19, 2023, and November 21, 2023 SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of September 19, 2023, and November 21, 2023.

RECOMMENDATION: That the Council approve the draft Minutes of September 19, 2023, and November 21, 2023.

ATTACHMENTS: 1. 2023-09-19 Draft Minutes

2. 2023-11-21 Draft Minutes
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
SEPTEMBER 19, 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. Agency Negotiator: John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and Sam Zenz. Under Negotiation:

Terms and Price.
2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Mayor Martha A. Flores. Employee Organizations: Unrepresented Positions: 1) City Manager; and 2) City Attorney.
3 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville City Employees Association, Management and Confidential Series, Public Safety Support Unit, Porterville Peace Officers Association, Porterville City Firefighters Association, Fire Officers Series, and All Unrepresented Management Employees. 4 - Government Code Section 54956.95 – Liability Claim: Claimant: Sabrina Andrade. Agency claimed against: City of Porterville.
5 - Government Code Section 54956.95 – Liability Claim: Claimant: Charles Hansen. Agency claimed against: City of Porterville.
6 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to Litigation: Four (4) cases in which facts are not yet known to potential plaintiff.
7 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:50 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-4, and A-5, as follows:

A-4. On a MOTION made by Vice Mayor Carrillo, and SECONDED by Council Member Beltran, the City Council unanimously rejected the claim filed by Sabrina Andrade.

Documentation: M.O. 01-091923
Disposition: Claim rejected.

A-5. On a MOTION made by Council Member Meister, and SECONDED by Council Member Beltran, the City Council unanimously rejected the claim filed by Charles Hansen.

Documentation: M.O. 02-091323
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Beltran.

Invocation – a moment of silence was observed.

PRESENTATIONS

Employee of the Month – Lori Halleck
Tulare County Homeless Presentation - Noah Whittacker

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, presented the Council with documentation regarding National Suicide Awareness Month.
 Eddie Patterson, Porterville, stated he and his partner are the owners of the Mecca and spoke of the events that have recently occurred at the bar and the ones they intend to plan in the future.
 Korey Wells, Springville, stated he is the Executive Director of the American Conservatory and that he has worked with the Mecca in their recent events.  Lucy Bracamontes, Porterville, requested a special circumstance to build a fence on the side of her house and presented the council as to reasons why to consider this request.  Shawn Schwartzenberger, Porterville, spoke in favor of Item No. 7.  Sara Cox, Porterville, spoke of a recent car accident that occurred on the corner or Prospect and Pioneer and that the traffic needs to be addressed in this area.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - September 7, 2023 – no report was provided.

2. Library & Literacy Commission - September 12, 2023
Commissioner Edith La Vonne reported on a survey that was conducted at the library regarding library services.

3. Arts Commission – no report was provided.

4. Animal Control Commission – no report was provided.

5. Youth Commission - September 13, 2023

Leisure Services Specialist Amy Graybehl & Leisure Services Coordinator Linton Pagalan introduced the new Youth Commission.
 Ahla Saleh – Harmony Magnet Academy
 Daniela Maciel – Summit Collegiate High School
 Edgar Garcia – Granite Hills High School
 Lisette Garcia – Porterville High School
 Kaley Yanez – Porterville High School
 David Esparza – Porterville High School

6. Transactions and Use Tax Oversight Committee (TUTOC) - August 24, 2023 – no report was provided.

II. Staff Informational Reports

1. Water Conservation Phase III Status Update - August 2023

CONSENT CALENDAR
Item No. 7 was removed for further discussion at the request of Council Member Weyhrauch.

COUNCIL ACTION: MOVED by Council Member Donald Weyhrauch, SECONDED by Council Member Greg Meister that the City Council approve Items Nos. 1- 6, and 8-13. The motion carried unanimously.

1. INTENT TO SET A PUBLIC HEARING FOR NOVEMBER 21, 2023, TO

CONSIDER SEWER RATE INCREASE
Recommendation: That the City Council:

1. Schedule a Public Hearing for November 21, 2023, to consider the adoption of increases to the rates for sewer service fees; and

2. Authorize staff to notify the community of the Public Hearing and, in accordance with Proposition 218, announce that the purpose of the Public Hearing is to take written and oral comments and consider all written protests against the proposed rate increase.

Documentation: M.O. 03-091923
Disposition: Approved.

2. INTENT TO SET A PUBLIC HEARING FOR NOVEMBER 21, 2023, TO

CONSIDER SOLID WASTE RATE INCREASE
Recommendation: That the City Council:

1. Schedule a Public Hearing for November 21, 2023, to consider the adoption of increases to the rates for Solid Waste service fees; and

2. Authorize staff to notify the community of the Public Hearing and, in accordance with Proposition 218, announce that the purpose of the Public Hearing is to take written and oral comments and consider all written protests against the proposed rate increases.

Documentation: M.O. 04-091923
Disposition: Approved.

3. INTENT TO SET A PUBLIC HEARING FOR NOVEMBER 21, 2023, TO

CONSIDER NEW RECYCLED WATER AND METER RATE
Recommendation: That the City Council:

1. Schedule a Public Hearing for November 21, 2023, to consider the adoption of New Recycled Water and Meter Rate to the City's rates for water service fees; and

2. Authorize staff to notify the community of the Public Hearing and, in accordance with Proposition 218, announce that the purpose of the Public Hearing is to take written and oral comments and consider all written protests against the proposed rate modifications.

Documentation: M.O. 05-091923
Disposition: Approved.

4. AUTHORIZATION TO NEGOTIATE CONSULTANT AGREEMENT -

GOLF COURSE DRIVING RANGE NETTING PROJECT
Recommendation: That the City Council authorize staff to negotiate a scope of services contract with Judge Netting, Inc for the Golf Course Driving Range Netting Project.

Documentation: M.O. 06-091923
Disposition: Approved.

5. CONSIDERATION OF AMENDED LEGAL SERVICES AGREEMENT
Recommendation: That the City Council:

1.Approve the Amended Legal Services Agreement; and

2.Authorize the Mayor to execute the Amended Legal Services Agreement on behalf of the City Council.

Documentation: M.O. 07-091923
Disposition: Approved.

6. APPROVAL OF COMMUNITY CIVIC EVENT - WORD OF VICTORY
CHURCH - COMMUNITY OUTREACH - SEPTEMBER 30, 2023
Recommendation: That the City Council approve the Community Civic Event application from Word of Victory Church, to hold the Community Outreach event on

September 30, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

Documentation: M.O. 08-091923
Disposition: Approved.

8. APPROVAL OF COMMUNITY CIVIC EVENT - COMISION HONORIFICA MEXICANA AMERICANA, INC - MAXIMO'S MARKET 40TH
ANNIVERSARY CELEBRATION - OCTOBER 8, 2023
Recommendation: That the City Council approve the attached Community Civic Event Application and Agreement submitted by the Comision Honorifica Mexicana Americana, Inc., subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 09-091923
Disposition: Approved.

9. APPROVAL OF COMMUNITY CIVIC EVENT - TULARE COUNTY

HEALTH & HUMAN SERVICES AGENCY (HHSA) MENTAL HEALTH -

MENTAL HEALTH AWARENESS MOVIE NIGHT IN THE PARK -
OCTOBER 13, 2023
Recommendation: That the City Council approve the attached Community Civic Event Application and Agreement submitted by the Tulare County HHSA Mental Health to hold the "Mental Health Awareness Movie Night in the Park", on October 13, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 10-091923
Disposition: Approved.

10. APPROVAL OF COMMUNITY CIVIC EVENT - TRUNK OR TREAT

SPOOKTACULAR - PORTERVILLE POLICE DEPARTMENT - OCTOBER
31, 2023
Recommendation: That the City Council approve the Community Civic Event application from the Porterville Police Department to hold the "Trunk or Treat Spooktacular Event" on October 31, 2023, subject to the requirements and restrictions contained in the Application and Agreement.

Documentation: M.O. 11-091923
Disposition: Approved.

11. APPROVAL OF COMMUNITY CIVIC EVENT - CENTRAL CALIFORNIA FAMILY CRISIS CENTER - 23RD ANNUAL DOMESTIC VIOLENCE
CANDLELIGHT VIGIL - OCTOBER 19, 2023
Recommendation: That the City Council approve the Community Civic Event application from Central California Family Crisis Center to hold the 23rd Annual Domestic Violence Candlelight Vigil on October 19, 2023 at Veterans Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 12-091923
Disposition: Approved.

12. APPROVAL OF COMMUNITY CIVIC EVENT - BURTON EDUCATIONAL

PARTNERSHIP FOUNDATION - DIA DE LOS MUERTOS FUN RUN -
NOVEMBER 4, 2023
Recommendation: That the City Council approve the Community Civic Event application from the Burton Educational Partnership Foundation to hold the "Dia De Los Muertos Fun Run" on November 4, 2023, 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. 13-091923
Disposition: Approved.

13. 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. 14-091923
Disposition: Approved.

PUBLIC HEARINGS

14. CONSIDERATION OF ZONE CHANGE FROM RS-1 (VERY LOW

DENSITY RESIDENTIAL) TO CMX (COMMERCIAL MIXED-USE) FOR
1088 W. LINDA VISTA AVENUE.

Recommendation: That the City Council:

1. Conduct a Public Hearing to receive comment regarding the proposed zone change;

2. Find that the proposed project is exempt from the California

Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, subdivision (c) ; and

3. Approve the draft Ordinance, give first reading and order the Ordinance to print.

City Manager Lollis introduced the item and Assistant City Manager Jason Ridenour presented the staff report.

Mayor Flores opened the Public Hearing at 8:08 p.m.
 Frank Bockman, Springville, clarified on the information regarding the size of the flag that is to be placed at the location.

Mayor Flores closed the Public Hearing at 8:09 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Meister, that the City Council find the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, subdivision (c) ; and approve draft Ordinance supporting the zone change (PRC 2023-006-Z), from RS-1 (Very Low Density Residential) to CMX (Commercial Mixed-Use) to allow for the application of development standards of commercial districts for 1088 W. Linda Vista Avenue, give first reading by title only, and order the Ordinance to print.

The motion carried unanimously.

Documentation: M.O. 15-091923, Ordinance 1904
Disposition: Approved.

15. ADOPTION OF FISCAL YEAR 2023-2024 BUDGET
Recommendation: That the City Council conduct the Public Hearing and consider for adoption the proposed 2023-2024 Fiscal Year Budget, including any modifications and for the time period as designated by Council.

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

Mayor Flores opened the Public Hearing at 8:15 p.m.
 Brock Neeley, Porterville, lauded the efforts of city staff in keeping the city in good standing financially.

Mayor Flores closed the Public Hearing at 8:13 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Beltran, that the City Council approve the adoption of the proposed Fiscal Year 2023-2024 Budget. The motion carried unanimously.

Documentation: Resolution No. 60-2023, Resolution No. 61-2023 Disposition: Approved.

SECOND READINGS

16. SECOND READING - ORDINANCE NO. 1903 - ADOPTING AN

AMENDMENT TO THE ZONING MAP CHANGING THE ZONING
DESIGNATION OF ASSESSOR'S PARCEL NUMBER 253-050-007 TO

PLANNED DEVELOPMENT
Recommendation: That the City Council give Second Reading to Ordinance No. 1903, waive further reading, and adopt said Ordinance.

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

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Council Member Meister, that the City Council give Second Reading to Ordinance No. 1903, being an ORDINANCE ADOPTING AN AMENDMENT TO THE

ZONING MAP CHANGING THE ZONING DESIGNATION OF
ASSESSOR'S PARCEL NUMBER 253-050-007 TO PLANNED
DEVELOPMENT, waive further reading, and adopt said Ordinance. The motion carried unanimously.

Documentation: Ordinance No. 1903
Disposition: Approved.

Council recessed at 8:23 p.m. and reconvened at 8:32 p.m.

SCHEDULED MATTERS

17. BID RESULTS - NORTH FRIANT-KERN CANAL TURNOUT & BASIN

PROJECT
Recommendation: That City Council:

1. Award the North Friant-Kern Canal Turnout & Basin Project to Nicholas General Engineering Contractors in the amount of $2,070,400;

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

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

4. Authorize an additional $207,040 for construction management, quality control, and inspection services;

5. Authorize the Finance Director to appropriate $792,480 in Water Replacement Funds to fully fund the project; and

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

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

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Beltran, that the City Council award the North Friant-Kern Canal Turnout & Basin Project located just north of Westfield Avenue at the Friant-Kern Canal, to Nicholas General Engineering Contractors in the amount of $2,070,400.

AYES: Beltran, Weyhrauch, Carrillo, Flores
NOES: Meister
ABSTAIN: None
ABSENT: None
Documentation: M.O. 16-091923
Disposition: Approved.

18. BID RESULTS - FIRE STATION 72 CLASSROOM REMODEL PROJECT Recommendation: That the City Council:

1. Reject the bid received and authorize the re-advertisement of the Project for bids; or

2. Award the Fire Station 72 Classroom Remodel Project to TMJ Construction Inc in the amount of $545,734;

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

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

5. Authorize an additional $54,573 (10%) for construction management, quality control, and inspection services;

6. Authorize staff to negotiate through the informal bid process to relocate, replace, or install the network cabling and rack, fire alarm system, radio and notification system, and audio-visual system at a not to exceed total cost of $91,000; and

7. Authorize the Finance Direct to appropriate $295,772.60 in Measure H Funds to fully fund the project.

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

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Mayor Flores, that the City Council award the Fire Station 72 Classroom Remodel to TMJ Construction Inc., in the amount of $545,734.00. The motion carried unanimously.

Documentation: M.O. 17-091923
Disposition: Approved.

19. 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 Vice Mayor Carrillo, SECONDED by Council Member Beltran, that the City Council approve the continuation of the Declaration of Local Flood Emergency. The motion carried unanimously.

Documentation: M.O. 18-091923
Disposition: Approved.

7. APPROVAL OF COMMUNITY CIVIC EVENT - COUNTRYSIDE DOG
RESCUE - THE MUD RUN 2023 - OCTOBER 7, 2023
Recommendation: That the City Council approve the attached Community Civic Event Application and Agreement submitted by the Countryside Dog Rescue to hold "The Mud Run 2023" on October 7, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Vice Mayor Carrillo, that the City Council approve the Community Civic Event application submitted by the Countryside Dog Rescue to hold “The Mud Run 2023” on October 7, 2023, and gave direction for the applicants to work with staff on a new location for the event and to make any changes as necessary. The motion carried unanimously.

Documentation: M.O. 19-091923
Disposition: Approved.

AB 1234 REPORTS

1. Local Initiatives Navigation Center (LINC) Committee - September 6, 2023 Council Member Beltran provided updates on several items of interest, including attendance, the approval of minutes, the budget, an update on the Navigation Center, a LINC subcommittee update, and an update on the upcoming Winter Coat Drive.

2. Eastern Tule Groundwater Sustainability Act (ETGSA) Board - September 7, 2023 Council Member Weyhrauch reported on discussion on stakeholder committee vacancies, the approval of Minutes, ratification of bills paid, and several action items for approval of salary payment adjustments, and a 4creeks report.

3. Tulare County Water Commission - September 11, 2023
Mayor Flores reported on a drought update, a legislative subcommittee report, and brief updates on SGMA and commission terms.

4. Transit Forum - September 13, 2023
Vice Mayor Carrillo stated she was unable to attend the meeting.

5. Council of Cities - September 13, 2023 (Cancelled)

6. Calvans Board - September 14, 2023
Vice Mayor Carrillo reported on the approval of minutes, staff report updates, and several action items.

7. Porterville Area Development Authority (PADA) - September 15, 2023 Council Member Beltran provided updated on the approval of Minutes, the City’s reimbursement of eligible expenses related to the Tertiary Treatment Wastewater Facility and Storm Drain Retention Basin, as well as updates on local road improvements and the Tule River Tribe Active Transportation Plan, located within the vicinity of the new casino.

8. Tulare County Association of Governments (TCAG) / Tulare County Transportation Authority (TCTA) - September 18, 2023 –
Mayor Flores carried this report to the next council meeting.

9. Tulare County Regional Transit Agency (TCRTA) Board - September 18, 2023 Council Member Weyhrauch presented a report from multiple committees, including the Safety Committee and Ad-hoc Executive Director Search Committee, and several action and discussion items.

ORAL COMMUNICATIONS
None.

OTHER MATTERS
 Council Member Beltran spoke of the Tulare County Homeless Presentation by Noah Whittacker, and spoke of his attendance to the Mecca Event.  Council Member Weyhrauch spoke of the earlier presentations, lauded Public Works in their efforts in repaving, and applauded the Finance Department on the budget.  Council Member Meister praised CSET members who pick up the trash in the city, talked about pothole repairs, and his attendance to the Porterville College State of the College event.  Vice Mayor Carrillo acknowledged all the work that is being done on downtown Main Street, and acknowledged that the 4th Friday in September is California Native American Day.

 Mayor Flores spoke of her attendance to event that was hosted by the Tule River Tribe for foreign exchange students, the Affordable Housing Summit, the Porterville Chamber Business Expo, a CHMA event, a Bells Across America event, and the Porterville College State of the College event.
 City Manager Lollis reported on Corporate Game Standings and spoke of a video interview that was done by Yuriko Velarde. City Manager Lollis also spoke of the upcoming Porterville Police Department Badge Pinning Ceremony and stated that his wedding anniversary is around the corner.

CLOSED SESSION
None.

ADJOURNMENT –
The City Council adjourned at 10:48 p.m. to the meeting of October 3, 2023, at 5:30 p.m.

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

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
NOVEMBER 21, 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 54956.95 – 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 plaintiffs.
3 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three cases.
6:37 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

A-1. On a MOTION made by Council Member Meister, and SECONDED by Vice Mayor Carrillo, the City Council unanimously rejected the claim filed by Laura Phifer.

Documentation: M.O. 01-112123
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Meister.

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

ORAL COMMUNICATIONS
 John Coffee, Porterville, inquired about the status of the new street lights adjacent to Monache High School, voiced concern with the maintenance of Veteran’s Park, and spoke in favor of increasing Park Impact Fees.

 Brock Neeley, Porterville, provided the council with information regarding Jacobson v.

Massachusetts and Zuck v. King, and asked the Council to remove Item No. 12 from the agenda.
 Ed McKervey, Porterville, spoke in favor of Item No. 12, and requested more transparency regarding the finances related to recycling.
 Daren Griswold, Porterville Chamber of Commerce, spoke of upcoming events such as the Annual Childrens Parade, First Friday Coffee Event hosted by the City of Porterville, and Chamber Awards Installation Ceremony,
 Jason Underwood, Porterville, stated he was a victim of domestic violence and police misconduct, and spoke of an event related to the incident and requested justice.  Korey Wells, Springville, reported on an event that was hosted by the American Conservatory; and expressed his opinion on hanger space related to Item No. 5.  David Cox, Porterville, thanked the Council for its hard work, and suggested that City notices be worded more clearly and concisely.
 Josh Flowers, Strathmore, stated that the Council should receive a raise per meeting, and asked that the Council not "cheapen" the proclamation process.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - November 2, 2023 Commissioner Arlene Pena reported on the Henry Street Park Maintenance, the Halloween Decorating Contest, the Veterans Day Run, and several upcoming events such as the Annual Downtown Christmas Tree Lighting Ceremony, Youth Basketball League, Youth Arena Soccer Registration, the Zalud House Candlelight Tours, and the Annual Senior Christmas Luncheon

2. Library & Literacy Commission - November 14, 2023
Commissioner Edith La Vonne thanked the council for appointing Irene Ortega to the Library & Literacy Commission and reported on October participation statistics and highlights for Virtual Story Time, Adult Book Club, Bilingual Story Time, Family Literacy Services, Bring Your Own Game Day, Young Adult Book Club, the Thousand Books Before Kindergarten Challeng, and Teentober Month. Commissioner La Vonne also mentioned an event that occurred at Porterville College and spoke of the many informational booths that were present.

3. Arts Commission - October 24, 2023 – no report was provided.

4. Animal Control Commission – no report was provided.

5. Youth Commission - November 8, 2023 – no report was provided.

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

II. Staff Informational Reports

1. Water Conservation Phase III Status Update - October 2023

CONSENT CALENDAR
Item No. 11 was removed for further discussion at the request of Council Member Weyhrauch.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Council Member Weyhrauch, that the City Council approve Items Nos. 1-10, 12, and 13. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF NOVEMBER 7, 2023
Recommendation: That the Council approve the draft Minutes of November 7, 2023.

Documentation: M.O. 02-112123
Disposition: Approved.

2. AUTHORIZATION TO PURCHASE ADDITIONAL WATER SHARES OR

SURFACE WATER FOR GROUNDWATER RECHARGE
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.

Documentation: M.O. 03-112123
Disposition: Approved.

3. AUTHORIZATION TO ADVERTISE FOR BIDS - CITY POOL

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

Documentation: M.O. 04-112123
Disposition: Approved.

4. AUTHORIZATION TO ADVERTISE FOR BIDS - VETERANS PARK MULTIUSE TRAIL, PHASE 2 PROJECT 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.

Documentation: M.O. 05-112123, Resolution No. 64-2023
Disposition: Approved.

5. AUTHORIZATION TO ADVERTISE FOR STATEMENT OF

QUALIFICATIONS FOR ARCHITECTURAL/ENGINEERING SERVICES FOR

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.

Documentation: M.O. 06-112123
Disposition: Approved.

6. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT - OLIVE

AVENUE & PORTER ROAD/CLOVERLEAF STREET TRAFFIC SIGNAL
DESIGN
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.

Documentation: M.O. 07-112123
Disposition: Approved.

7. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT - HAYES

FIELD LIGHTING 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.

Documentation: M.O. 08-112123, Resolution No. 66-2023
Disposition: Approved.

8. AUTHORIZATION TO EXECUTE CONSULTANT AGREEMENT -

NEWCOMB STREET & MULBERRY AVENUE TRAFFIC SIGNAL DESIGN
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.

Documentation: M.O. 09-112123
Disposition: Approved.

9. SELECTION OF ON-CALL ENGINEERING CONSULTANTS TO ADD TO

CURRENT LIST
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.

Documentation: M.O. 10-112123
Disposition: Approved.

10. APPROVAL OF COMMUNITY CIVIC EVENT - PORTERVILLE KIWANIS CLUB - FOOD TRUCKS IN THE PARK - DECEMBER 2, 2023
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.

Documentation: M.O. 11-112123
Disposition: Approved.

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
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.

Documentation: M.O. 12-112123
Disposition: Approved.

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

Documentation: M.O. 13-112123
Disposition: Approved.

PUBLIC HEARINGS

14. PUBLIC HEARING AND CONSIDERATION OF ESTABLISHING NEW CITY

SEWER RATES
Recommendation: That the City Council:

1. Conduct a Public Hearing to consider the adoption of increases to the rates for sewer service;

2. Receive any additional written protests;

3. Direct the City Clerk to tally the protests and report the total; and

4. Consider approval of the attached draft Resolution, if the tally does not exceed a majority protest as determined by the City Clerk.

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

Mayor Flores stated that members of the public could present written protests at the end of the Public Hearing. The Public Hearing was then opened at 7:31 p.m.

 Brock Neeley, Porterville, spoke in favor of this item and stated the city should also do an increase for Park Impact Fees.
 Ed McKervey, Porterville, stated we should raise the rates, but voiced concern with the suggested percentage of increase, and spoke in favor of greater transparency.  Josh Flowers, Strathmore, voiced concern with the amount of proposed increase noting that even a few dollars more could be too much for some individuals.  David Cox, Porterville, voiced concern with the excessive amount of information in the public notices and spoke in favor of greater transparency.

Mayor Flores provided time for the public to turn in written protests, then she closed the Public Hearing at 7:37 p.m., after which the Council recessed for five-minutes to allow for the protest count.

It was reported by Deputy City Manager Patrice Hildreth that 48 written protests were received, which was shy of the 6,905 required to successfully protest the increase.

In response to a Council Member inquiry, Public Works Director Michael Knight elaborated on the necessity for the increase noting that the funds would go towards the operating budget, maintenance improvements for compliance on regulations, and would aid the City with an option to seek funding to complete larger needed projects. He then noted a typo in the draft resolution that showed the proposed rate 2023-2024 increase for Multi-Family Residential-per unit at $29.95, and it should have been $29.55.

COUNCIL ACTION: MOVED by Council Member Beltran, SECONDED by Vice Mayor Kellie Carrillo, that the City Council approve the draft resolution increasing the rates for sewer service as presented.

AYES: Beltran, Carrillo, Flores
NOES: Meister, Weyhrauch
ABSTAIN: None
ABSENT: None
Documentation: Resolution No. 67-2023
Disposition: Approved.

15. PUBLIC HEARING AND CONSIDERATION OF ESTABLISHING NEW

SOLID WASTE RATES
Recommendation: That the City Council:

1. Conduct a Public Hearing to consider the adoption of an increase in solid waste rates for services;

2. Receive any additional written protests;

3. Direct the City Clerk to tally the protests and report the total; and

4. Consider approval of the attached draft Resolution if the tally does not exceed a majority protest as determined by the City Clerk.

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

Mayor Flores stated that members of the public could present written protests at the end of the Public Hearing. The Public Hearing was then opened at 8:31 p.m.  Brock Neeley, Porterville, spoke in favor of increasing the solid waste rates.  Ed McKervey, Porterville, asked that the City be more transparent with regard to the rate increases.
 David Cox, Porterville, stated the information regarding the rate increases should be more simple for people to understand.
 Luis Arroyo, Porterville, spoke in opposition of the increased rates.  Thomas Velcado, Porterville, spoke in opposition of the increased rates.  Joey, Porterville, suggested that people may consider leaving the city due to the increased rates.

Mayor Flores provided time for the public to turn in written protests, then she closed the Public Hearing at 8:45 p.m., after which the Council recessed for five-minutes to allow for the protest count.

It was reported by Deputy City Manager Patrice Hildreth that 69 written protests have been received, which was shy of the 7,815 required to successfully protest the increase.

COUNCIL ACTION: MOVED by Vice Mayor Carrillo, SECONDED by Mayor Flores, that the City Council approve the draft resolution setting the solid waste rates as presented.

AYES: Weyhrauch, Carrillo, Flores
NOES: Meister, Beltran
ABSTAIN: None
ABSENT: None
Documentation: Resolution No. 68-2023
Disposition: Approved.

Council recessed at 9:30 p.m. and reconvened at 9:42 p.m.

16. PUBLIC HEARING AND CONSIDERATION OF ESTABLISHING RECYCLED

WATER AND METER RATES
Recommendation: That the City Council:

1. Conduct a Public Hearing to consider the adoption of recycled water and meter rates;

2. Receive any additional written protests;

3. Direct the City Clerk to tally the protests and report the total; and

4. Consider approval of the attached draft Resolution, if the tally does not exceed a majority protest as determined by the City Clerk.

City Manager Lollis introduced the item.

Vice Mayor Carrillo recused herself due to a conflict of interest and left the Chambers.

Public Works Director Michael Knight presented the staff report.

Mayor Flores stated that members of the public could present written protests at the end of the Public Hearing. The Public Hearing was then opened at 9:51 p.m.  Brock Neeley, Porterville, expressed his excitement of the tertiary treatment facility.

Mayor Flores provided time for the public to turn in written protests, then she closed the Public Hearing at 9:52 p.m., after which the Council recessed for five-minutes to allow for the protest count.

It was reported by Deputy City Manager Patrice Hildreth that 57 written protests have been received, which was shy of the 8,752 required to successfully protest the increase.

COUNCIL ACTION: MOVED by Council Member Meister, SECONDED by Mayor Flores, that the City Council approve the draft Resolution establishing the recycled water and meter rates as presented.

AYES: Meister, Beltran, Weyhrauch, Flores
NOES: None
ABSTAIN: Carrillo
ABSENT: None
Documentation: Resolution No. 69-2023
Disposition: Approved.

SCHEDULED MATTERS

17. 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 Vice Mayor Carrillo, SECONDED by Council Member Meister, that the City Council approve the continuation of the Declaration of Local Flood Emergency. The motion carried unanimously.

Documentation: M.O. 14-112123
Disposition: Approved.

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
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.

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

COUNCIL ACTION: MOVED by Mayor Flores, SECONDED by Council Member Meister, that the City Council approve Council Member Weyhrauch’s request to consider potential modifications to the Request for Proclamations as a Scheduled Matter at its next regular meeting on December 5, 2023. The motion carried unanimously.

Documentation: M.O. 15-112123
Disposition: Approved.

AB 1234 REPORTS

1. Local Initiatives Navigation Center (LINC) Committee - November 8, 2023 Council Member Beltran provided updates on several items of interest, including attendance, the approval of minutes, the budget, a report on a Navigation Center, and an update on a winter coat drive.

2. Calvans Board - November 9, 2023
Vice Mayor Carrillo advised that she was unable to attend this meeting.

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

4. Social Services Transportation Advisory Council (SSTAC) Meeting - November 14, 2023
Vice Mayor Carrillo advised that she was unable to attend this meeting.

5. Tulare County Task Force on Homelessness - November 15, 2023 No report was provided as no quorum was met.

6. Tulare County Regional Transit Agency (TCRTA) Board Meeting - November 15, 2023 Council Member Weyhrauch reported on those in attendance, but no quorum was met, therefore no report was provided.

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

8. Library Facility Planning Committee Meeting - November 16, 2023 Vice Mayor Carrillo stated City Librarian Vikki Cervantes provided a presentation of a Hayward Library Tour, an update on the new library planning, and a library services update.

9. Porterville Area Development Authority (PADA) Meeting - November 17, 2023 Council Member Beltran updated on the approval of minutes, the City’s reimbursement of eligible expenses related to the Tertiary Treatment Wastewater Facility and Storm Drain Retention Basin, as well as updates on local road improvements and the Tule River Tribe Active Transportation Plan, located within the vicinity of the new casino.

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

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, stated that when he speaks at a Council Meeting, it is as an individual and not on behalf of the organizations that he represents.

OTHER MATTERS
 Council Member Beltran lauded the efforts of staff during the Veterans Parade, spoke of his love of the Porterville community, noted his attendance to the Elks Dinner, and spoke of the status of a review of the City’s Park Impact Fees.
 Council Member Weyhrauch thanked city staff in their diligence in getting streets cleaned and repaired, spoke of a minimum wage impact in the near future, and lauded the Porterville Chamber of Commerce’s report.
 Council Member Meister addressed comments made by members of the public during Oral Communications, spoke of the rate increases, the Mulberry and Newcomb Traffic Light, and of locking in Pioneer Water Shares for the City. He then noted his participation in the Veterans Parade and Elks Dinner, as well as his anticipation of discussing his proposed medical freedom resolution at the next Council Meeting.  Vice Mayor Carrillo thanked the community for their participation of the Public Hearings and lauded the efforts of staff in their outreach in getting the information to the public. Vice Mayor Carrillo also spoke of the Veterans Day Run and Parade and its significance to the community and veterans.
 Mayor Flores spoke of her attendance to the Tulare Kings Chamber of Commerce Luncheon, the Veterans Day Run & Parade, the Elks Dinner, the Farm Worker Conference, the 100th Year Building Celebration, and an interview by LAZER Broadcasting. Mayor Flores then thanked Administrative Analyst Yuriko Velarde for her assistance in the interview, Clerical Assistant III Terry Villareal for her assistance and coordination during the parade, and Economic Development & Housing Manager Claudia Calderon and Administrative Services Manager Yuliana Andrade for their assistance in translating that evening.  City Manager Lollis thanked Terry Villareal and her family for their assistance in the parade, and spoke of the upcoming State of the City Address and Tree Lighting Ceremony.

CLOSED SESSION
None.

ADJOURNMENT
The City Council adjourned at 10:53 p.m. to the meeting of December 5, 2023, at 5:30 p.m.

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

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Authorization to Purchase Two Type 1 Fire Engines and One Tiller Ladder Truck
SOURCE: Fire
COMMENT: The Fire Department fleet currently includes five Type 1 Fire Engines. Three serve as the initial response from each fire station, and two serve as reserve engines used on major emergencies and when front-line apparatus are taken out of service for repair or maintenance. One reserve engine (unit 2194) was purchased in 2005 and is scheduled for replacement during the 2025-2026 Fiscal Year. Additionally, the Ladder Truck (unit 2195) was purchased in 2006 and is scheduled for replacement during the 2026-2027 Fiscal Year. The lead time in manufacturing an engine is approximately 550 days (1.5 years). The Tiller Ladder Truck will take approximately 650 days (2 years). In order to meet the replacement times of each apparatus, the manufacturing process must be initiated. This will facilitate keeping the replacement schedule and minimize cost, as apparatus prices are anticipated to increase in January 2024.

Staff have also identified the need for a new Fire Station 74 and are in the process of pursuing land acquisition. This was supported by the Department's Standards of Coverage Community Risk Reduction Survey. Again, due to lead time in manufacturing fire apparatus, the process of purchasing an initial response engine for that station should be initiated. This will facilitate the fire and life safety protection for the projected growth of the City and minimize the associated risk for the public and Department personnel.

Staff requested quotes from three manufacturers: Rosenbauer, Spartan, and Pierce. The quote information is provided below for the City Council's reference:

Rosenbauer contract for two Engines: $1,856,621.92
Rosenbauer contract for one Ladder Truck: $1,843,047.44 Total, including tax and prepaid discount: $3,699,669.36 Spartan Emergency Vehicle Group contract for two engines: $2,408,011.67 Spartan Emergency Vehicle Group contract for one ladder truck: $2,308,992.24 Total, including tax and prepaid discount: $4,717,003.91 Pierce contract for two Engines: Unresponsive
Pierce contract for one ladder truck: Unresponsive
Item No. 2.

If approved, the engines and ladder truck will be ordered with the necessary firefighting and rescue equipment, including fire hose, nozzles, breathing apparatus, and other tools that will be required to place the vehicle into service.

The estimated cost of the equipment for two engines is $300,000.

The estimated cost of the equipment for the ladder truck is $250,000.

Total Equipment: $550,000
Funding sources for this purchase request are as follows:

Funding for the replacement engine is $500,000 from the Department’s equipment replacement fund and $700,000 in the Measure I account, totaling $1,200,000.

Funding for Engine 74 is available in the Measure I account, totaling $1,200,000.

Funding for the ladder truck is $1,000,000 from the Department’s equipment replacement fund and $1,300,000 in the Measure I account, totaling $2,300,000.

The total available funding is $4,700,000
Staff requests that the purchase of the three proposed apparatus be awarded to Rosenbauer of America based on the lowest bid and the continuity of the Department's current fleet; Rosenbauer is currently the manufacturer used by the Porterville Fire Department. The total request for funding is as follows:

Available Funding: $4,700,000
Apparatus Total, including tax and prepaid discount: $3,699,669.36 Ten percent (10%) contingency: $369,999.94
Total Equipment: $550,000
Ten Percent (10%) Equipment Contingency: $55,000
Total Purchase: $4,674,669.30
RECOMMENDATION: That the City Council authorize the purchase of two Type 1 Fire Engines and one Tiller Ladder Truck from Rosenbauer of
America, to include all necessary tools and equipment for operation.

ATTACHMENTS: 1. 2023 Engine and Tiller Bid Proposals

2. Rosenbauer Engines Proposal

3. Rosenbauer Tiller Proposal

4. Spartan Engines Proposal

5. Spartan Tiller Proposal
Appropriated/Funded:

Item No. 2.

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
100' Tractor Drawn Aerial
Type 1 Fire Engine

Q T Y U N I T P R I C E A M O U N T
1 $2,423,526.00 $2,423,526.00
2 $1,231,125.00 $2,462,250.00
Standard Price (two engines) $2,462,250.00
Sourcewell Discount $140,284.00
Porterville Fire Department
980 S. Jaye St.

Porterville, CA 93257
Total for 2 engines: $2,408,011.67
Discount Percentage
Prepayment Discount
New Total
Document Fees

5.70%
$118,002.00
$2,203,964.00
$21.00
$160.00
Apparatus Proposal: Spartan
*Pierce was unable to
complete a bid
Sales Tax $203,866.67
Tire Fees
Standard Price (100' TDA) $2,423,526.00
Sourcewell Discount $138,031.00
Total for 100' TDA: $2,308,992.24
Discount Percentage
Prepayment Discount
New Total
Document Fees

5.70%
$172,087.00
$2,113,408.00
$14.00
$80.00
Sales Tax $195,490.24
Tire Fees
Total:
$4,717,003.91
100' Tractor Drawn Aerial
Type 1 Fire Engine

Q T Y U N I T P R I C E A M O U N T
1 Base- $1,795,048 $1,795,048
2 $897,132 $1,794,264
Total Apparatus Cost $1,794,264.00
Customer Loyalty Discount $30,000.00
Total for 2 engines: $1,856,621.92
Loose Equipment Mounting
Sales Tax
Delivery Fee
Total Purchase Price
$30,000
$156,219.92
$11,538.00
$1,856,621.92
Porterville Fire Department
980 S. Jaye St.

Porterville, CA 93257
Apparatus Proposal: Rosenbauer
Total Apparatus Cost $1,795,048
Customer Loyalty Discount $15,000
Total for 100' TDA(Base): $1,843,047.44
Sales Tax
Delivery Fee
Total Purchase Price
$155,219.44
$9,780.00
$1,843,047.44
Total:
$3,699,669.36
*WITH 100%
PrePay Discount
100% PrePay Discount $105,400.00
100% PrePay Discount $102,000.00
*Pierce was unable to
complete a bid
November 7, 2023
Chief Cogburn:

Body Price $892,646.00
Chassis Price $901,618.00
Customer Loyalty Discount -$30,000.00
100% Pre Pay Discount -$105,400.00
Loose Equipment Mounting $30,000.00
Delivery $11,538.00
Ca State Sales Tax $156,219.92

9.250% $1,856,621.92
Please note:

Terms:

Sincerely,
Burton's Fire Inc.

Porterville Fire Department
980 S Jaye Street
Porterville, Ca 93257
Thank you for the opportunity to propose the following Rosenbauer fire apparatus:

Two (2)
Pre-Con for (3) from Dept. at Factory
Mid-Point Inspection for (3) from Dept. at Factory
Final Inspection for (3) from Dept. at Factory
Final Delivery will be made by the Burton's Fire to the Dept.

Performance Bond Not Required
Type-1 Engine with Commander Custom Chassis
Quoted Delivery is 545 days after receipt of order
(1) Day of Familiarization training by Burton's
Burton’s Fire Inc.
1301 Doker Drive
Modesto, CA 95351
209-544-3161
209-544-1109 Fax
www.burtonsfire.com
South Dakota Division
100 Third Street
Lyons, SD 57041
605-543-5591
605-543-9701 Fax
E-mail: sales@
rosenbaueramerica.com
Minnesota Division
5181 260th Street
P.O. Box 549
Wyoming, MN 55092
651-462-1000
651-462-1700 Fax
E-mail: sales@
rosenbaueramerica.com
Aerial Division
870 South Broad Street
Fremont, NE 68025
402-721-7622
402-721-7622 Fax
E-mail: sales@
rosenbaueramerica.com
Final payment due upon delivery.

Price good until December 31, 2023
Please review specifications to see terms and conditions relating to your specified penalty clause.

Thank you again for this opportunity to work with your department, if you have any questions regarding the above proposal, please contact me at (209) 765-6971 or at [email protected] John Burton
November 4, 2023
Chief Cogburn:

Body Price $806,440.00
Chassis Price $591,969.00
Aerial Price $396,639.00
100% PrePay Discount -$102,000.00
Customer Loyalty Discount -$15,000.00
Delivery $9,780.00
Ca State Sales Tax $155,219.44

9.250% $1,843,047.44
Please note:

Terms:

Sincerely,
Burton's Fire Inc.

Porterville Fire Department
980 S Jaye Street
Porterville, Ca 93257
Thank you for the opportunity to propose the following Rosenbauer custom fire apparatus:

One (1)
Pre-Con for (3) from Dept. at Factory
Mid-Point Inspection for (3) from Dept. at Factory
Final Inspection for (3) from Dept. at Factory
Final Delivery
Performance Bond Not Required
Rosenbauer Tiller on a Custom Commander Chassis
Quoted Delivery is 635 days after receipt of order
(1) Day of Familiarizaition training by Burton's
Burton’s Fire Inc.
1301 Doker Drive
Modesto, CA 95351
209-544-3161
209-544-1109 Fax
www.burtonsfire.com
South Dakota Division
100 Third Street
Lyons, SD 57041
605-543-5591
605-543-9701 Fax
E-mail: sales@
rosenbaueramerica.com
Minnesota Division
5181 260th Street
P.O. Box 549
Wyoming, MN 55092
651-462-1000
651-462-1700 Fax
E-mail: sales@
rosenbaueramerica.com
Aerial Division
870 South Broad Street
Fremont, NE 68025
402-721-7622
402-721-7622 Fax
E-mail: sales@
rosenbaueramerica.com
Final payment due upon delivery.

Price good until December 31, 2023
Thank you again for this opportunity to work with your department, if you have any questions regarding the above proposal, please contact me at (209) 765-6971 or at [email protected] John Burton
Emergency Vehicle Group, Inc.
2883 E. Coronado Street | Anaheim, CA 92806

Vendor Contract #113021-RVG-4
November 3, 2023
Fire Chief Bryan Cogburn
City of Porterville Fire Department
Member # 18843
980 S. Jaye Street
Porterville, CA 93257
Dear Chief Cogburn,
We are pleased to offer to you a Spartan Emergency Response fire apparatus consisting of two (2) Type 1 Engines though the Sourcewell Contract 113021-RVG-4 based on the provided specifications and drawings.

Qty Each Total
Category ERV010: Type I Engine
Standard Price 2 $1,231,125.00
Sourcewell Discount ($70,142.00)
Discount Percentage 5.70%
Prepayment Discount ($59,001.00) ($118,002.00)
Total $1,101,982.00 $2,203,964.00
Sales Tax $203,866.67
Tire Fees $21.00
Document Fees ($80 each apparatus) $160.00
Total Purchase Price $2,408,011.67
We look forward to providing your agency with industry-leading fire apparatus. Our legacy of expertise means we build your apparatus from the ground up on a foundation ready to handle your specific needs. We put first responders first.

Sincerely,
Travis Grinstead
President & CEO
Emergency Vehicle Group, Inc.
2883 E. Coronado Street | Anaheim, CA 92806

Vendor Contract #113021-RVG-4
November 3, 2023
Fire Chief Bryan Cogburn
City of Porterville Fire Department
Member # 18843
980 S. Jaye Street
Porterville, CA 93257
Dear Chief Cogburn,
We are pleased to offer to you Spartan Emergency Response fire apparatus consisting of one (1) 100’ Tractor Drawn Aerial/Quint though the Sourcewell Contract 113021-RVG-4 based on the provided specifications and drawings.

Qty Each Total
Category LT0006: 100’ TDA 1
Standard Price $2,423,526.00
Sourcewell Discount ($138,031.00)
Discount Percentage 5.70%
Prepayment Discount ($172,087.00)
Total $2,113,408.00 $2,113,408.00
Total Apparatus Cost $2,113,408.00
Sales Tax (9.25%) $195,490.24
Tire Fees $14.00
Document Fees ($80 each apparatus) $80.00
Total Purchase Price $2,308,992.24
We look forward to providing your agency with industry-leading fire apparatus. Our legacy of expertise means we build your apparatus from the ground up on a foundation ready to handle your specific needs. We put first responders first.

Sincerely,
Travis Grinstead
President & CEO
Item No. 3.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Authorization to Purchase ArcGIS Enterprise Upgrade Software from Environmental Systems Research Institute (ESRI) Enterprise.

SOURCE: Community Development
COMMENT: The City has utilized Environmental Systems Research Institute (ESRI) software for geographical information system (GIS) needs since 2004. At its meeting on August 21, 2018, the City Council approved a contract with ESRI for a more robust commercial GIS system. ESRI software supports the needs of multiple City departments, including Police, Fire, Public Works, Engineering and Project Management, Community Development, and Finance. The City’s emergency services dispatch system and building permit system also utilize the GIS system and data. Due to growth in the use of the ESRI software and the number of users or needed licenses, it is advantageous for the City to move to ArcGIS Enterprise to improve the GIS infrastructure. The advantages of ArcGIS Enterprise are that it would be installed on the City's own IT infrastructure for security as well as that it is more customizable and flexible.

The initial cost for the upgraded software is $22,000 with $5,850 as the annual maintenance cost. Enterprise does not replace the City's current GIS system, but is an upgrade to improve the functionality and workflow of the City's geographical information system. Enterprise systems come with unlimited viewer licenses, which would replace the need to purchase individual viewer licenses at $110 each, for which the City currently holds forty (40) viewer licenses. The initial cost for the upgraded software would be $22,000 with an annual maintenance expense of $6,050 for the ArcGIS Desktop/ArcGIS Pro licenses and $5,850 for enterprise maintenance, totaling an annual maintenance fee of $11,900 due October 2024. Funding for the initial cost as well as the maintenance expense is available through the General Fund and applicable enterprise fund accounts.

RECOMMENDATION: That the City Council authorize the purchase of ArcGIS Enterprise Upgrade Software and associated annual maintenance from Environmental Systems Research Institute (ESRI) at an initial cost of $22,000, with an additional $11,900 annual maintenance fee, to be paid out of General Fund and applicable enterprise funds.

ATTACHMENTS: 1. ESRI Enterprise Quote
Appropriated/Funded:

Item No. 3.

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
Quotation # Q-510086
Date: November 17, 2023
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 129405 Contract #
City of Porterville
Community Development
291 N Main St
Porterville, CA 93257-3737
To expedite your order, please attach a copy of ATTENTION: Rachel Ginsberg this quotation to your purchase order. PHONE: (559) 782-7460 Quote is valid from: 11/17/2023 To: 2/15/2024 EMAIL: [email protected] Material Qty Unit Price Total
160463 1 $22,000.00 $22,000.00
ArcGIS Enterprise Standard Up to Four Cores Perpetual License Subtotal: $22,000.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $22,000.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Michael Arias
Email:
[email protected]
Phone:
(909) 793-2853
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

ARIASM This offer is limited to the terms and conditions incorporated and attached herein.

Item No. 4.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Authorization to Repair Transit Bus Transmission SOURCE: Public Works
COMMENT: Vehicle #8192, is an active transit bus which has experienced wear damage to the automatic transmission and requires a transmission overhaul. This vehicle utilizes an Allison automatic transmission and must be serviced by an authorized Allison Transmission repair facility.

Staff is requesting authorization to utilize Saunders Automatic Service Inc. in Fresno, which is the nearest authorized Allison repair service facility, at an estimated cost of $16,093 (inclusive of all parts, taxes, and labor, including a 10% contingency). The cost of the repair will be billed to the Tulare County Reginal Transit Agency.

RECOMMENDATION:

That the City Council:

1. Authorize the transit bus repair by Saunders Automatic Service Inc. at a cost not to exceed $16,093 (inclusive of all parts, taxes, and labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. Saunders Automatic Service Repair Estimate Appropriated/Funded:

Review By:

Department Director:

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

Item No. 5.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Authorization to Replace Refuse Truck Fuel Pump SOURCE: Public Works
COMMENT: Vehicle #6670 is an active refuse truck which has experienced wear damage to the fuel injector pump and requires pump replacement. This vehicle utilizes a Cummins engine and fuel pump and must be serviced by an authorized Cummins repair facility.

Staff is requesting authorization to utilize American Truck Parts/Golden State Peterbilt, which is the nearest authorized Cummins repair service facility, at an estimated cost of $9,916 (inclusive of all parts, taxes, and labor, including a 10% contingency). Funding for the repair will be the Solid Waste operating fund.

RECOMMENDATION: That the City Council:

1. Authorize the refuse truck fuel pump replacement by
American Truck Parts/Golden State Peterbilt at a cost not to exceed $9,916 (inclusive of all parts, taxes, and labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. American Truck Parts Co. Repair Estimate Appropriated/Funded:

Review By:

Department Director:

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

Item No. 6.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Request for Approval to Migrate the City's VoIP system to GoTo Connect SOURCE: Finance
COMMENT: The City's current Voice Over IP (VoIP) system is provided by Mitel Cloud Services, Inc (Mitel), at a cost of approximately $6,300 per month for 240 users. The contracted VoIP service is ending on January 31, 2024.

In November 2021, RingCentral and Mitel entered into a partnership.

RingCentral is another VoIP provider with its own VoIP system. Mitel and RingCentral began prioritizing RingCentral VoIP services at the beginning of this year. As a result, the ability to gain quality support for our Mitel system has declined. The decrease in quality of service was confirmed by a RingCentral representative because the company wanted to move their clients to the RingCentral system.

The Finance Department/Information Tehcnology (IT) Division staff requested and received proposals from multiple providers, including both Mitel and RingCentral services. The City's Mitel contacts have not returned a proposal for Mitel VoIP services renewal, but have provided a RingCentral quote that does not include on-site setup services. RingCentral's proposal does not include the cost of new phones as the City would be able to reuse the existing Mitel phones.

Additional phones will have to be leased through the company. In addition, AT&T and T-Mobile did not return a proposal. Below is a summary of the services and cost proposals received.

Vendor Monthly Estimate
(270 users)
One-Time-Charge
(Equipment Cost)
Maximum
Estimated Term
(5 years)
GoTo Connect $3,919.79 $51,845.21 $275,273.24
RingCentral $4,745.38 $0 $284,722.80
8x8 $4,942.43 $45,068.40 $341,614.20
Dialpad $5,519.06 $63,840.20 + tax $394,983.60 + tax
GoTo Technologies USA, Inc. will provide 270 new phones and three days of on-site-setup service for $51,845.21. GoTo will also provide the first three months of service at no charge. The City will own the VoIP hardware at the end of the sixty (60) months, and the City would be able to continue to use the phones with any VoIP provider in the future. The City will benefit when migrating to GoTo Connect with additional features, improved administration portal, and more reliable customer support than RingCentral/Mitel.

Item No. 6.

If approved, IT Division staff plan to start the migration of services in December 2023 and go live during the third week of January 2024, shortly before the lease with Mitel expires.

RECOMMENDATION: That the City Council approve the migration of the City's Voice Over IP system to GoTo Technologies USA, Inc. for a term of sixty (60) months with an initial cost of $51,845.21, and a monthly cost of $3,919.79, plus any applicable deviation from the estimated taxes, surcharges, and usage fees.

ATTACHMENTS: 1. GoTo Proposal

2. RingCentral Proposal

3. 8x8 Proposal

4. Dialpad Proposal
Appropriated/Funded:

Review By:

Department Director:

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

Customer: City of Porterville, CA
Address: 291 N Main St, Porterville, CA United States,
93257-3737
Main Contact: Robert Campos
Email: [email protected]
Phone: +15597827432
VAT/TVA/ABN Number:
\
GoTo Representative:

Name: Rob Johnson
Email: [email protected]
Phone: (626) 513-0105
Fax:

QUOTE OR OID #: Q-785777
UID #: CN-594582-1409
Opp ID #: 2311047286464
Quote Date: 11-09-2023
Quote Expiration Date: 12-08-2023
TERM & BILLING INFORMATION.

Payment Method: Invoice
Term & Billing Frequency: Annual Annual
Payment Terms: Net 15
AGREEMENT.

This Order Form is governed by the terms of the Terms of Service found at https://www.goto.com/company/legal/termsand-conditions unless: Customer has a written agreement mutually agreed upon by GoTo for such Services, in which case such written agreement will govern; or (ii) to the extent otherwise set forth in the Supplemental Terms below. The foregoing shall exclude any terms and conditions referenced on a Customer purchase order and will incorporate the Contracting Entities Table and the Service Descriptions.

Supplemental Terms: Notwithstanding anything to the contrary in the Agreement, the following supplemental Terms apply:
•
• The terms and conditions of The Interlocal Purchasing System (TIPS) CONTRACT:
221003 ELECTRONICS AND APPLIANCES, GOODS AND SERVICES January 6, 2023 GoTo Technologies USA, Inc.
333 Summer Street
Boston, MA 02210

ORDER FORM
to January 31, 2026 apply to your purchases in this Order and supersede our standard terms referenced above. EDGAR COMPLIANCE: Yes
•
Purchase Order Process:

If the order is in excess of 50K USD, or this order's currency equivalent, GoTo requires a PO with the executed order in the name of the contracting entity noted above. Please complete:

Require a PO? \PO_Required_1\
Requires a PO, see below:

Customer PO#: \PO_Number_1\ PO Expiration Date (if applicable):
\PO_Expiration_1\
SIGNATURES. By signing below, the signatory represents it is legally authorized to enter into the Agreement and agrees to be bound to all terms contained in the Agreement.

CUSTOMER: City of Porterville, CA
Signature:
\s1\
Name: \n1\
Title: \t1\
Customer Authorized Signatory
Date: \d1\
If Billing Contact is different than above, please provide:

Billing Address: \Billing_Address_1\
Billing/Invoicing Contact: \Billing_Contact_1\
Telephone: \Billing_Phone_1\
Email: \Billing_Email_1\
Customer_VTA_1\
The dates shown are based on the date the quote was created by the rep and these dates will adjust based on the date the contract is signed
Service Start Date 11-09-2023 Billing Start Date 02-08-2024 Number of Free Months 3First Invoice Date 03-01-2024
Contract End Date 11-30-2028
SERVICES & FEE SUMMARY. Estimated taxes and fees are included where indicated below.

TODAY'S TOTAL:

Name Quantity MSRP Discount Jive Price Total
Professional Services - Per
Seat GTC Managed Install
(Over 50 Licenses)
261 USD 50.00 USD 45.00 USD 5.00 USD 1,305.00
Voice Number DID Port -
Configuration Fee 270 USD 5.00 USD 5.00 USD 0.00 USD 0.00 Polycom RealPresence Trio 1 USD 738.00 USD 330.27 USD 407.73 USD 407.73 8500 IP Conference Phone
(w/power supply)
Professional Services - Onsite
per day 3 USD 2,000.00 USD 500.00 USD 1,500.00 USD 4,500.00 Poly Edge E EM 9 USD 267.95 USD 127.11 USD 140.84 USD 1,267.56 Poly Edge E450 IP Phone PoE 30 USD 459.95 USD 270.08 USD 189.87 USD 5,696.10 Poly Edge E350 IP Phone PoE 231 USD 379.95 USD 233.07 USD 146.88 USD 33,929.28 Poly Edge E220 IP Phone PoE 9 USD 259.95 USD 177.61 USD 82.34 USD 741.06 TAXES AND FEES:

USD 3,998.48
TOTAL AMOUNT: USD 51,845.21
MONTHLY TOTALS:

Name
Contract
Terms
(Months)
Quantity MSRP Discount Jive Price Total Price
GoToConnect Standard 60 261 USD 22.00 USD 9.30 USD 12.70 USD 3,314.70 Conference Device User- Monthly
Service 60 1 USD 29.95 USD 17.00 USD 12.95 USD 12.95
Interconnected VoIP, Low Usage -
Monthly Charge 60 9 USD 12.95 USD 3.00 USD 9.95 USD 89.55 Voice - Standard DID - Monthly
Charge 60 270 USD 5.00 USD 4.75 USD 0.25 USD 67.50
TAXES AND FEES: USD 435.09
TOTAL AMOUNT: USD 3,919.79

PURCHASE ORDER CONFIRMATION FORM
Please select an option below (selecting only one):
1) My company has already raised a purchase order document and is providing it along with this signed order form
2) My company does not issue purchase orders
3) In Lieu of my company's standard purchase order and
• Have obtained all necessary approvals to release funds for this purchase and • Confirm the relevant invoice(s) can be paid without a reference to a purchase order number
4) My company has a standard purchase order and is unable to provide it right now. As a result, • Will send the approved purchase order to GoTo within 4 business days of signature date below.

CUSTOMER LEGAL NAME:

City of Porterville, CA
Invoice To/Bill To ADDRESS
291 N Main St, Porterville, CA United States, 93257-3737 Billing Contact: Robert Campos
Billing Phone: +15597827432
Billing Email: [email protected]
Please ensure the Invoice To/Bill To Address in addition to the Billing Contact information above is accurate. If not, please ensure to reach out to your GoTo Sales contact and provide correct billing information.

You agree to pay the contracted Total Price as per GoTo Quote or OID Reference Number: Q-785777 This form is issued under the terms and conditions of the following agreement between the parties:

EXCEPT AS EXPRESSLY SET FORTH HEREIN, BY SIGNING AND RETURNING THIS ORDER TO GOTO, YOU

CONFIRM THIS IS AN ORDER FOR THE GOTO SERVICE(S) LISTED HEREIN AND AGREE TO THE TERMS OF SERVICE https://www.goto.com/company/legal/terms-and-conditions WHICH APPLY TO YOUR CONTINUED USE OF ALL SERVICES AND SHALL PREVAIL OVER ANY TERMS OTHERWISE REFERENCED IN A PURCHASE ORDER.

Sales proposal

QUOTE PREPARED FOR PREPARED BY
City of Porterville Chip Ryan

SB AE III
[email protected]
RingCentral Inc., 20 Davis Drive, Belmont, CA 94002, United States 2 CONFIDENTIAL: This document contains information that is the confidential and proprietary property of RingCentral. Neither this document nor the information herein may be reproduced, used or distributed to or for the benefit of any third party without the prior written consent of RingCentral or pursuant to a confidentiality agreement. This quote is not binding until accepted in writing by Customer and RingCentral.

Budgetary Quote
Prepared for:

City of Porterville
291 N. Main Street
Porterville CA 93257
United States
Robert Campos
[email protected]
15597827432
Quote Name: City of Porterville 1
Quote Creation Date: November 17 , 2023 th
Quote Expiration Date: December 17 , 2023 th
Estimated Contract Start Date: November 30 , 2023 th
Initial Term: 60 Months
Renewal Term: 36 Months
Currency: USD
Payment Plan: Monthly
RingCentral MVP Services
Recurring Services
Summary of Service Qty Rate Subtotal
DigitalLine Unlimited Advanced 270 $14.50 $3,915.00
DigitalLine Unlimited Advanced $10.00
Compliance and Administrative Cost
Recovery Fee $3.50
e911 Service Fee $1.00
Additional Local Number 20 $1.00 $20.00
Mitel 6930W IP Phone - Rental 10 $1.00 $10.00
TotalMonthlyPrice* $3,945.00
Total Amount* $3,945.00
Taxes
Recurring Taxes Qty Rate Subtotal
Sales Tax 1 $0.88 $0.88
P.U.C. Fee (VoIP) NF 1 $5.43 $5.43
Utility Users Tax (VoIP) 1 $123.71 $123.71
RingCentral Inc., 20 Davis Drive, Belmont, CA 94002, United States 3 CONFIDENTIAL: This document contains information that is the confidential and proprietary property of RingCentral. Neither this document nor the information herein may be reproduced, used or distributed to or for the benefit of any third party without the prior written consent of RingCentral or pursuant to a confidentiality agreement. This quote is not binding until accepted in writing by Customer and RingCentral.

Taxes
Recurring Taxes Qty Rate Subtotal
FUSF (VoIP) 1 $268.01 $268.01
E911 (VoIP) 1 $81.00 $81.00
CA Public Purpose Program Surcharge (VoIP) 1 $299.70 $299.70 E-988 (VoIP) 1 $21.60 $21.60
District Tax 1 $0.05 $0.05
TotalMonthly Tax Amount* $800.38
Total Amount with Taxes* $4,745.38
*These are estimated taxes and fees. Actual taxes and fees will be calculated when the invoices are processed.

RingCentral Office is now RingCentral MVP. All references to "RingCentral Office", whether in the Agreement or its attachments, Order Forms or descriptions, mean "RingCentral MVP" City of Porterville
City of Porterville
291 N Main St
Porterville, CA 93257
Robert Campos
5597827432
[email protected]
Date November 14, 2023
60 Month Contract
Monthly Charges - Description Quantity MRC Total Monthly X Series - X1 270 $14.00 -$ 3,780.00
Poly VVX 150 Flex 81 $4.48 -$ 362.88
Base Number 270 $1.00 -$ 270.00
Taxes 1 $529.55 -$ 529.55
Total -$ 4,942.43
Non-Recurring Charges Quantity NRC Total Non-Recurring
Poly Edge E EM 9 $130.00 -$ 1,170.00
Poly Edge E450 30 $170.00 -$ 5,100.00
Poly Edge E350 231 $140.00 -$ 32,340.00
Poly Edge E220 9 $80.00 -$ 720.00
8x8 Implementation Plus - Gold 1 $2,400.00 -$ 2,400.00
Estimated Tax 1 $3,338.40 -$ 3,338.40
Total -$ 45,068.40
Grand Total -$ 341,613.94
City of Porterville
All-In Dialpad Costs Estimate
Product Quantity Rate Monthly Cost Annual Cost
Dialpad Talk Pro User
Dialpad Room Line
Compliance Recovery Fee
E911 Regulatory Fee
Estimated Taxes:
$42.08 - CA EMERG TEL. USERS

SURCHARGE
$140.11 - LOCAL UTILITY USERS
TAX
$311.60 - FEDERAL UNIVERSAL

SERVICE FUND
$15.87 - FEDERAL COST

RECOVERY FEE
$299.70 - CA PUBLIC PURPOSE

PROGRAM FEE
$21.60 - CA 988 SURCHARGE
261
9 270
270
$12.50
$9.00
$3.99
$0.99
$3,262.50
$81.00
$1,077.30
$267.30
$830.96
$39,150.00
$972.00
$12,927.60
$3,207.60
$9,971.52
Cost $5,519.06 $66,228.72
*60-month term
Description One-Time Fees
UCaaS Managed
Deployment Services
Polycom VVX 450 12-Line
PoE Desk Phone -
includes Power Supply
(Rate: $192, Qty 270)
$12,000
$51,840
Total: $63,840
Additional Details:
● All local domestic dialing (US AND CAN) is included.
● This proposal does not account for international usage. Please see our international rates page here:
https://www.dialpad.com/rates/
● This proposal does not include SMS usage. Please reference this article Section: Rates for REGISTERED users. ● This proposal does not account for reserve DIDs. Reserve DIDs are numbers hosted with Dialpad that are not in use but just in a stored state. The reserve DID rate is $1.00 per number/month.

Item No. 7.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Authorization to Distribute a Request for Proposal (RFP) for Consulting Services to Prepare the Community Development Block Grant (CDBG) FiveYear Consolidated Plan and Update the Analysis of Impediments or Prepare an Assessment of Fair Housing
SOURCE: Community Development
COMMENT: In 2020, the California Department of Housing and Community Development (HCD) adopted and certified the City’s current CDBG Five-Year Consolidated Plan. In April 2024, the City Council will consider the Action Plan for the final year of the current Consolidated Plan. The next Consolidated Plan will cover the planning period of 2025/26 through 2029/30 program years. Due to the complexity of the task, staff is unable to perform the necessary technical studies and functions required for the update. At this time, staff is requesting authorization to distribute a Request for Proposals (RFP) for a specialized consultant with expertise in this field.

The services to be rendered under this contract would consist of, but not be limited to, the preparation of Initial Studies, Impact Studies and other documents as necessary to comply with federal guidelines. The selected consultant must have a substantial working knowledge of Housing and Urban Development (HUD) requirements and the ability to perform specialized studies, such as addressing special needs populations, updating the Analysis of Impediments or providing an Assessment of Fair Housing depending on what HUD requires at the time of contracting, as well as preparation of the Five-Year Consolidated Plan, and serving as the main contact with HUD in working through the approval process which can be quite onerous.

The RFP will request fixed costs for the above mentioned tasks and then a comprehensive fee schedule for all personnel, equipment and indirect costs related to additional services that may be required. Funding for the development of the Consolidated Plan is included in the City's Capital Improvement Program for 2024. The General Fund will be the source of funding.

RECOMMENDATION: That City Council authorize staff to distribute a Request for Proposals for Consulting Services to update the City’s CDBG Consolidated Plan, Analysis of Impediments and/or creation of Assessment of Fair Housing if required by HUD.

ATTACHMENTS: 1. Draft Request for Proposals
Item No. 7.

Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
1 CITY OF PORTERVILLE

REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR THE
PREPARATION OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 2025/26-2029/30 CONSOLIDATED PLAN AND OTHER

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) UPDATES
RFP No._________
The City of Porterville is seeking a qualified consultant to prepare the City’s required five-year CDBG Consolidated Plan for 2025/26-2029/30; update the City’s Analysis of Impediments to Fair Housing Choices (AI) or prepare an Assessment for Fair Housing (AFH) if required by HUD; and review and update the City’s internal CDBG Policies and Procedures Manual and associated sample forms.

Submittal: One PDF version must be received via Public Purchase by:
4:00 p.m., TBD
Addressed to: Community Development Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
Attention: Jason Ridenour
Email Subject: RFQ No. ____ Consultant Services for Development of Consolidated Plan Late or incomplete submittals will not be accepted and will be automatically disqualified from further consideration. All response packages and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. No bid shall be received from an individual or company that is not an official proposal holder and has not registered and accessed the proposal documents from the Public Purchase website.

Questions regarding this project are due no later than TBD. 2 REQUEST FOR PROPOSALS (RFP)

FOR FIVE YEAR CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS

OR AN ASSESSMENT OF FAIR HOUSING
I. PROPOSED PROJECT
The City of Porterville (City) is soliciting proposals for consulting services from individuals or firms with expertise and understanding of the U.S. Department of Housing and Urban Development (HUD) as it relates to the Community Development Block Program (CDBG) for the development of a Consolidated Plan (Plan) as required by HUD. The City is an entitlement jurisdiction and receives an annual CDBG allocation directly from HUD. The proposal will highlight the consultant’s capability to develop a fiveyear Plan that will establish goals and strategies for housing and community development in the City for 2025/26-2029/30.

A copy of the City’s 2020/21-2024/25 Plan is available on the City’s website:
https://www.ci.porterville.ca.us/departments/community_development/community_development_block _grant_program_(cdbg)/housing_planning_documents_and_reports.php The City’s Analysis of Impediments to Fair Housing Choice (AI) was updated in 2020, and is available on the City’s website:
http://www.ci.porterville.ca.us/depts/CommunityDevelopment /documents/PortervilleFinalAI.pdf. The AI will need to be reviewed and updated as needed. Staff will provide a copy of the City’s internal CDBG Policies and Procedures Manual to the selected firm.

The target start date and term for the proposed services is April 2024 through October 31, 2025, subject to negotiation of a final agreement.

II. SCOPE OF SERVICES
Five Year Consolidated Plan
The required work along with troubleshooting guidelines can be found on the HUD Exchange at:
https://www.hudexchange.info/programs/consolidated-plan/guides/#consolidated-plantemplate-in-idis.

The required work must follow any and all amendments and updates, such as utilizing the HUD’s Office of Community Planning and Development (CPD) eCon Planning Suite, including the Consolidated Plan template in IDIS Online and the CPD Maps website. The eCon Planning Suite is designed to support grantees and the public to assess their needs and make strategic investment decisions by providing better data and tools and by creating a seamless planning and grants management framework. Overview information is available here: https://www.hudexchange.info/programs/consolidated-plan/ The Consultant will review and tabulate the information supplied by the City, HUD, the U.S. Census Bureau, sub-grantees, and input from citizens, to complete the required Plan components per the HUD regulations, including all required charts, tables, maps and final input into IDIS.

Update AI OR Assessment of Fair Housing
The City is not required to complete the Assessment of Fair Housing (AFH) until October 31, 2024; however an updated AI is needed and the AFH may be required by the time of contracting. The Consultant will review and update the City’s AI as necessary. As part of the ConPlan, the City may be required to submit an AFFH certification, which requires the City to undertake Fair Housing Planning through 1) the completion of Assessment to Fair Housing (AFH), 2) actions to eliminate any identified impediments; and 3) maintenance of AFFH records. The awarded consultant shall also assist to define 3 and shall undertake the community/stakeholder participation process and data collection/analysis. The selected consultant will perform professional services under the supervision of the Community Development Department - Housing Division.

City’s Internal CDBG Policies and Procedures Manual
A copy of the City’s Internal CDBG Policies and Procedures Manual will be provided to the selected Consultant. The Consultant will review the current manual for compliance with HUD regulations and CDBG program administration.

III. CONSULTANT QUALIFICATIONS
The following lists the minimum qualification requirements of the respondent(s):
• At least five years of experience providing similar consulting services • At least three references of clients currently/previously served; at least one of the references to be a city
• Familiarity with HUD's eCon Planning Suite
• Knowledge of :
 CDBG Regulations
 Consolidated Plan Regulations
 Urban planning principles
 Methods of data collection, analysis and summarization (in narrative and graphic formats)
 Various housing and community development resources and governmental agencies • Past experience preparing Consolidated Plans using the eCon Planning Suite IV. PROPOSAL FORMAT
Proposals should include the following information:

1. Cover Letter, signed by the person authorized to bind the firm into an agreement

2. Complete legal name, address, telephone number, email address

3. DUNS number, and Tax Identification Number

4. Business organization including the date established, number of employees, and brief history of the firm.

5. Statement of qualifications included description of approach the Consultant will employ in carrying out the work described in the Scope of Services

6. Proposed time schedule for the Consolidated Plan, updates to the AI or prepare an Assessment of Fair Housing, and review of the City’s internal CDBG Policies and Procedures Manual, including target dates for public participation

7. At least three references of past clients with similar Scope of Services conducted and the period that was involved to complete the client’s projects. Include company name, address, contact name, and phone number

8. Proposed budget for complete project and hourly rate for staff person(s) (by staff position/title) V. EVALUATION OF PROPOSALS AND SELECTION PROCESS
The City will review and evaluate each qualification and proposal submission. The City reserves the right to obtain clarification or request additional information, including an interview with up to three firms. If an interview is required, they will be tentatively scheduled for February 21, 2024, to February 22, 2024. Proposals will be evaluated and ranked according to the following criteria:
4 Criteria Points
Understanding of the project and scope of services 40
Experience of the consultant team in the disciples directly relevant to the project and scope of services 40
Proposed budget and fee structure 20
Maximum Score: 100
Following an evaluation of the proposals, it is expected that a preferred consultant will be selected for recommendation to the City Council. After a mutually acceptable contract between the City and the selected consultant has been negotiated, it will be submitted for approval to the City Council.

If the City and selected consultant cannot agree on a satisfactory contract, the City reserves the right to terminate negotiations. The City may then negotiate an agreement with the consultant which ranked second.

The City reserves the right to reject any and all proposals. In addition, the City will not reimburse costs associated with the preparation or presentation of the proposals.

VI. RIGHTS TO PROPOSALS
All proposals, upon submission to the City of Porterville, shall become the City’s property for its use as deemed appropriate. By submitting a proposal, the consultant covenants not to make any claim for or have any right to damages because of any misinterpretation or misunderstanding of the specification, or because of any misinformation or lack of information. Nothing contained in this RFP shall create any contractual relationship between the consultant and the City of Porterville. The City accepts no financial responsibility for costs incurred by any consultant in responding to this RFP. The City of Porterville has the following prerogatives with regard to proposals submitted:
• To accept or reject any or all proposals
• To award all or part of the project at its discretion • To adopt any or all parts of a proposal
• To utilize any or all ideas from proposals submitted
• To request additional information for the purposes of clarification • To correct any arithmetic errors in any or all proposals submitted • To change the deadline for submitting proposals upon appropriate notification to all consultants receiving the RFP
• To accept or negotiate any modifications to the scope and fee of any proposal following the deadline for receipt of all proposals and prior to contract award • To waive any irregularity or any non-conformity of proposals with this RFP,whether of a technical or substantive nature
VII. DISCLOSURE OF CONTENTS
All proposals accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal that are identified by the consultant as business or trade secrets and plainly marked as “trade secret,” “confidential,” or “proprietary.” Each element of a proposal that the consultant desires not to be considered a public record must be clearly 5 marked. Any blanket statement (i.e. regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the consultant’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

VIII. AGREEMENT FOR SERVICES
The consultant will enter into an Agreement for Services with the City of Porterville based upon the contents of the RFP and the consultant’s proposal. The City’s standard form of agreement is included as Attachment A. The consultant must include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions requested, a statement to that effect must be included in the proposal.

IX. INSURANCE REQUIREMENTS
Prior to executing an Agreement for Services, the consultant will be required to provide to the City proof of the required insurance and endorsement. Consultants are encouraged to contact their insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected.

Insurance requirements are listed in Section 16 of the attached standard Agreement for Services.

X. CITY BUSINESS LICENSE
A City of Porterville business license will be required for the consultant and any subcontractors.

XI. ASSIGNED REPRESENTATIVES
The City will assign a responsible representative to administer the contract, and to assist the consultant in obtaining information. The consultant also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The consultant’s representative will remain in responsible charge of the consultant’s duties from the notice to proceed through project completion.

If the consultant’s primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the project manager. The City’s representative shall first approve any substitution of representatives or subcontractors identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and subcontractor substitution or removal, and may consider such changes not approved to be a breach of contract.

Attachment
A – TBD, if any
Item No. 8.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: City Easement Conveyance to Southern California Edison SOURCE: Engineering and Project Management
COMMENT: Southern California Edison is requesting an easement from the City for the purpose of installing and maintaining an electrical transformer, underground electrical supply systems and communication system, and related facilities through and along a 6-foot wide easement from D Street west to the transformer location and north from the transformer to the western end of the property located at 185 N. D Street. This work is to replace and upgrade the existing transformer and electrical systems previously installed on the property and is required and necessary work for the City's new Animal Shelter project.

RECOMMENDATION: That the City Council:

1. Approve the draft Resolution Authorizing a Grant Deed of Easement to Southern California Edison Company;

2. Accept Southern California Edison's request to have the City convey an easement for the installation and maintenance of a transformer and related facilities;

3. Authorize the Mayor to sign the Grant of Easement; and

4. Authorize the City Engineer to mail the signed Grant of Easement to Southern California Edison company for recordation.

ATTACHMENTS: 1. Draft Resolution

2. Grant of Easement Document

3. Easement Exhibit
Appropriated/Funded:

Review By:

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

AUTHORIZING A GRANT DEED OF EASEMENT TO SOUTHERN CALIFORNIA EDISON

COMPANY
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville, that the City of Porterville hereby grants to Southern California Edison Company, its successors and assigns, an easement and right of way to construct, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications in, on, over, under, across and along that certain real property in the County of Tulare, State of California, described as follows:

VARIOUS STRIPS OF LAND LYING WITHIN PARCEL 2 OF LOT LINE ADJUSTMENT 5-95, RECORDED MARCH 31, 1995 AS INSTRUMENT NO. 95-021250 OF OFFICAL RECORDS, BEING A PORTIONS OF BLOCK 62 AND CHERRY STREET OF THE CITY OF PORTERVILLE, AS PER MAP RECORDED IN BOOK 3, PAGE 18 OF

MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS;
STRIP #1 (6.00 FEET WIDE)

COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID PARCEL 2 WITH THE WESTERLY LINE OF “D” STREET, 80 FEET WIDE, AS SHOWN ON SAID MAP OF THE CITY OF PORTERVILLE; THENCE ALONG THE WESTERLY LINE OF SAID “D” STREET, SOUTH 61.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING THE WESTERLY LINE OF SAID “D” STREET, WEST 76.47 FEET TO A POINT OF ENDING HEREINAFTER REFERRED TO AS POINT “A”.

STRIP #2 (16.50 FEET WIDE)
COMMENCING AT SAID POINT “A”; THENCE SOUTH 3.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 12.00 FEET TO A POINT OF ENDING HEREINAFTER REFERRED TO AS POINT “B”.

STRIP #3 (6.00 FEET WIDE)
COMMENCING AT SAID POINT “B”; THENCE NORTH 8.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 12°10’19” WEST 17.28 FEET; THENCE NORTH 39.24 FEET TO A POINT OF ENDING IN THE NORTHERLY LINE OF SAID PARCEL 2.

THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHERLY IN THE NORTHERLY AND WESTERLY LINES OF STRIP #2 DESCRIBED HEREINABOVE AND TO JOIN AT THE ANGLE POINT.

PASSED, ADOPTED AND APPROVED this 5TH day of December, 2023.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk

RECORDING REQUESTED BY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2 nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc. No.

GRANT OF

EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE
VALUE AND CONSIDERATION LESS THAN $100.00)

DISTRICT
San Joaquin Valley

SERVICE ORDER
TD2113006
SERIAL NO. MAP SIZE
_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM 039-032D-3
APN 252-193-010
APPROVED:

VEGETATION &
LAND

MANAGEMENT
BY
SLS/PM
DATE
11/15/2023
CITY OF PORTERVILLE, a municipal corporation (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as “systems”), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Tulare, State of California, described as follows:

VARIOUS STRIPS OF LAND LYING WITHIN PARCEL 2 OF LOT LINE ADJUSTMENT 5-95, RECORDED MARCH 31, 1995 AS INSTRUMENT NO. 95-021250 OF OFFICIAL RECORDS, BEING A PORTIONS OF BLOCK 62 AND CHERRY STREET OF THE CITY OF PORTERVILLE, AS PER MAP RECORDED IN BOOK 3, PAGE 18

OF MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS:

STRIP #1 (6.00 FEET WIDE)
COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID PARCEL 2 WITH THE WESTERLY LINE OF “D” STREET, 80 FEET WIDE, AS SHOWN ON SAID MAP OF THE CITY OF PORTERVILLE; THENCE ALONG THE WESTERLY LINE OF SAID “D” STREET, SOUTH 61.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING THE WESTERLY LINE OF SAID “D” STREET, WEST

76.47 FEET TO A POINT OF ENDING HEREINAFTER REFERRED TO AS POINT “A”.

STRIP #2 (16.50 FEET WIDE)
COMMENCING AT SAID POINT “A”; THENCE SOUTH 3.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 12.00 FEET TO A POINT OF ENDING HEREINAFTER REFERRED TO AS POINT “B”.

STRIP #3 (6.00 FEET WIDE)
COMMENCING AT SAID POINT “B”; THENCE NORTH 8.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 12°10’19” WEST 17.28 FEET; THENCE NORTH 39.24 FEET TO A POINT OF ENDING IN THE NORTHERLY LINE OF SAID PARCEL 2.

THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHERLY IN THE NORTHERLY AND WESTERLY LINES OF STRIP #2 DESCRIBED HEREINABOVE AND TO JOIN AT THE ANGLE POINT.
2 DSE802322914
TD2113006
It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property.

This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code.

Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.

Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.

EXECUTED this _____ day of _______________________, 20____.

GRANTOR
CITY OF PORTERVILLE, a municipal corporation
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
3 DSE802322914
TD2113006
EXECUTED this _____ day of _______________________, 20__.

GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY, a
corporation
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)

Item No. 9.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Permanent Local Housing Allocation Request for Proposals (RFP) – Additional Funds to be included in RFP No. 22/23-SR1957
SOURCE: Community Development
COMMENT: As presented to the City Council at its meeting on May 19, 2020, the California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the Permanent Local Housing Allocation (PLHA) program Notice of Funding Allocation (NOFA). In order to access the funds, the Council adopted a Five-Year PLHA plan on July 21, 2020. The plan allocates PLHA funding over the five-year term, which is estimated to be approximately $2,056,524.

On February 26, 2021, the City received the executed agreement for the FiveYear PLHA plan and Year 1 funding in the amount of $342,754. An amendment to the Five-Year Plan was submitted with the Year 2 application and on December 10, 2021, the City was notified by HCD that the City's amendment to the Five-Year Plan and application for second year funding was approved. The City received $532,745 for Year 2. Funding for the first two years has been awarded via the Request for Proposals (RFP) process and programs are underway.

On February 23, 2023, the City received an executed agreement for the 2021 (third year) PLHA funding in the amount of $586,270.00, totaling $1,461,769 for the first three years. At its meeting on May 16, 2023, the Council approved to reopen the RFP for 2021 PLHA, specifically for the activity of Permanent Supportive Housing Program Operating costs. This was for $55,475.26, the unsubscribed amount from RFP No.22/23-SR1944 issued on March 24, 2023.

On June 5, 2023, as staff prepared to publish the reopening of this RFP, Turning Point of Central California (TPOCC) notified staff that they were not going to accept the award from RFP No.22/23-SR1944, as they were ceasing operations of the Porterville Navigation Center on June 30, 2023. At its meeting on July 18, 2023, Council authorized staff to publish an RFP for the Operations of the Porterville Navigation Center and to incorporate the PLHA funding that was originally awarded to the Porterville Navigation Center (RFP No. 22/23- SR1944) as a result of this change in operators.

In June 2023, TPOCC notified staff that they were expecting to have remaining 2020 PLHA (Year 2) funds at the end of the fiscal year, June 30, 2023. Staff delayed the reopening of the 2021 RFP, to bring back the item to Council to request authorization to include Year 2 funds of $100,871.70 in the RFP No.

Item No. 9.
22/23-SR1957, specifically for Navigation Center/Emergency/Bridge Housing operations and to allow for up to five percent (5% or maximum of $5,309.04) in administrative costs from the Administration allocation totaling an additional $106,180.74.

On August 29, 2023, as staff was finalizing this staff report to be presented at the September 4, 2023, Council meeting, TPOCC informed City staff that as of October 31, 2023, they would no longer be administering the Permanent Supportive Housing (PSH) 12-bed program that was partially funded with PLHA funds. It was anticipated that they would have remaining funds that would need to be included in the RFP for PSH operations for both Year 1 (2019) and Year 2 (2020) of the PLHA Five-Year plan. TPOCC's final invoice was received on November 22, 2023, reflecting a balance of $9,973.53 for Year 1 and the full awarded amount of $53,274.50 for Year 2.

This addition would increase the available funding from $55,475.26 to $281,373.73. However, it would need to remain in each specific eligible use as to not exceed the percentages outlined in the adopted PLHA Five-Year plan approved by HCD. The following chart outlines the funding available in each category of eligible uses. Remaining Administration allocations were also received, totaling $11,171.75 as outlined in the chart below.

Plan Year Available Eligible Use Remaining
Admin
Allocation
Expenditure
Deadline
Year 1 $9,973.53 Permanent
Supportive
Housing
Operations
$0 June 30, 2024
Year 2 $83,565.78 Navigation
Center
Operations
$4398.20 June 30, 2025
Year 2 $17,305.92 Emergency &
Bridge
Housing
Operations
$910.84 June 30, 2025
Year 2 $53,274.50 Permanent
Supportive
Housing
Operations
$0 June 30, 2025
Year 3 $117,254.00 Permanent
Supportive
Housing
Operations
$5,862.71 June 30, 2026
Item No. 9.

Totals $281,373.73 $11,171.75
RECOMMENDATION: That the City Council authorize staff to issue an RFP that includes Year 1, Year 2 and Year 3 PLHA funds to the RFP No. 22/23 - SR1957, specifically for Navigation
Center/Emergency/Bridge Housing and Permanent Supportive Housing operations, to include remaining Administration (up to 5%) for a total of $292,545.48.

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

Review By:

Department Director:

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

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS FOR PERMANENT LOCAL HOUSING
ALLOCATION (PLHA) THIRD YEAR FUNDING OF 2019-2023 FIVE YEAR

PLAN - REOPENED
RFP No. 22/23 - SR1957
The City of Porterville has reopened this RFP and is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP.

Submittal: One PDF file must be received by:

Friday, January 19, 2024, by 5:00 pm.

Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. 22/23-SR1957 Permanent Local Housing Allocation (PHLA) Third Year Funding of 2019-2023 Five Year Plan
Late proposals will not be accepted and will be automatically disqualified from further consideration.

All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Wednesday, January 17, 2024.

City of Porterville RFP For Use of PLHA Funds 2 | P a g e

REQUEST FOR PROPOSALS (RFP)

FOR FIVE YEAR PLHA PLAN
I. PROPOSED PROJECT
PROJECT TITLE: PLHA Five Year Plan (2019-2023) - Year 3 Funding GRANTOR: California Department of Housing and Community Development (HCD) PROPOSAL DUE DATE: January 19, 2024
AMOUNT AVAILABLE: Third year remaining balance is $52,701.50 for single or multiple projects, with the possibility of additional funds to be available estimated at $2,056,524 for the five-year plan. Additionally, up to $281,373.73 available for year 1, year 2 and year 3 funding. Additionally, $11,171.75 is available in Administration funding remaining from unused returned funds.

Plan
Year Available Eligible Use
Remaining Admin
Allocation
Expenditure
Deadline
Year 1 $9,973.53 PSH Operations 0 June 30, 2024
Year 2 $83,565.78 Navigation Center Operations $4,398.20 June 30, 2025 $17,305.92
Emergency & Bridge Housing
Operations $910.84 June 30, 2025
$53,274.50
Permanent Supportive Housing
Operations $0.00 June 30, 2025
Year 3 $117,254.00
Permanent Supportive Housing
Operations $5,862.71 June 30, 2026
$281,373.73 $11,171.75
ADMINISTRATIVE ALLOWANCE: As noted above up to 5% of request.

TIME PERIOD FOR CONTRACT: One-year grant term for operating expenses for a permanent supportive service project, (please note that Year 1 funding must be expended by June 30, 2024) Navigation Center, Emergency or Bridge Housing shelter. Funding in 5yr Plan will be announced when received.

IMPORTANT DOCUMENTS:

Please read the following document located at: https://www.hcd.ca.gov/grants-and-funding/programsactive/permanent-local-housing-allocation • Notice of Funding Announcement: Applicants must ensure that program design meets the 2022

HCD NOFA
• Permanent Local Housing Allocation Final Guidelines
• City of Porterville Permanent Local Housing Allocation Five-Year Plan (2019-2023):
https://www.ci.porterville.ca.us/departments/community_development/community_development_ block_grant_program_(cdbg)/index.php
City of Porterville RFP For Use of PLHA Funds 3 | P a g e OBJECTIVE: In 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the PLHA program Entitlement and Non-entitlement Local government formula component Notice of Funding Availability (NOFA). This is the 3rd year NOFA funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2021, pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

The City of Porterville, as an Entitlement Local government, applied and received 2021 formula allocation of PLHA funds in the amount of $586,270. The approximate PLHA five-year formula allocation amount is $2,056,524. PLHA funds must be used to carry out one or more of the eligible activities. This RFP is being reopened to provide an opportunity to Permanent Supportive Housing program operators to apply for the remaining $52,701.50 plus up to 5% admin costs that were not requested in the first RFP period. This total plus other funds that have become available from other projects that changed operator to altogether total $281,373.73 plus $11,171.75 in administration funds for Permanent supportive housing, Navigation Center, Emergency or Bridge Housing shelter operating expenses for Year 1, Year 2 and Year 3 have also been added to this RFP. Please review chart above for details on how much is available in each category.

The City of Porterville plans to use PLHA funds for three (3) priorities, distributed over three (3) possible activities that assist persons who are experiencing homelessness or at risk of homelessness. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

The eligible activities in the City’s five-year plan include:

1. Provide operating costs for navigation centers

2. Provide operating costs for emergency shelters and/or bridge housing programs.

3. Support Permanent Housing Programs:
a. Provide operating costs for permanent supportive housing programs.

II. ELIGIBLE APPLICANTS
Affordable Housing Developers and Nonprofit organizations are eligible to apply that can demonstrate institutional, managerial and financial capability to plan, manage and complete the program as described.

III. LOCAL CRITERIA
The recipient or sub-recipient must participate with local priority systems that are in place to include the following; HMIS for data collection, Coordinated Entry System (CES), and project must be financially feasible. Additionally, the activities funded must take place in the city limits of Porterville.

IV. ELIGIBLE ACTIVITY
The applicant may apply for funding for one or more of the eligible activities.

OPERATING COSTS FOR NAVIGATION CENTERS
City of Porterville RFP For Use of PLHA Funds 4 | P a g e PLHA funds can be used for operation costs associated with a new or existing Navigation Center. The Navigation Center would serve as a central location for people who are experiencing homelessness to connect to services to help them obtain housing or overcome barriers in obtaining housing.

OPERATING COSTS FOR EMERGENCY SHELTERS AND/OR BRIDGE HOUSING PROGRAMS.

PLHA funds can be used for operating costs needed to run an emergency shelter and/or operating costs for a bridge housing beds, leading to permanent housing. This will assist in ensuring that low barrier beds for people who have been identified by the local Continuum of Care on Homelessness, the Kings/Tulare Homeless Alliance (KTHA) continue to be available.

PERMANENT HOUSING PROGRAMS: OPERATING COSTS FOR PERMANENT SUPPORTIVE HOUSING

PROGRAMS (PSH)
Permanent housing is community-based housing, the purpose of which is to provide housing without a designated length of stay. PLHA funds may be used for operating costs. PSH can only provide assistance to individuals with disabilities and families in which one adult or child has a disability. Supportive services designed to meet the needs of the program participants must be made available to the program participants.

Placement or retention in housing must not be conditional upon participation in such services.

PSH Targets Chronically Homeless Individuals
To be eligible, proposed PSH projects must target chronically homeless individuals, as defined by HUD.

PSH is Low-barrier and Follows HUD Housing First Approach To be eligible, proposed PSH projects must be low-barrier and follow the HUD Housing First Approach.

V. GENERAL ELIGIBILITY CRITERIA
Applicants must meet the minimum general eligibility criteria described below:
• Activities must take place in the City limits of Porterville • Organizations must not discriminate on the basis of ethnicity, race, color, creed, religion, gender, national origin, age, disability, marital status, sexual orientation, gender identity, or Veteran’s discharge status.
• Applicants must agree to use the CoC’s CES as the sole referral source for each program component. The CES is the central access and referral point for all homeless individuals seeking housing in City of Porterville. This system will identify the most appropriate housing options while also prioritizing the most vulnerable individuals for placement into permanent housing. The system will then maintain a steady flow of referrals to all available housing options. To ensure these individuals have appropriate access to the program components, a project may need to modify its entrance criteria or use reasonable accommodation to admit tenants who would otherwise not be able to apply. By agreeing to use the coordinated entry system as the sole referral source, applicants agree to make reasonable accommodation to accept the referrals. • Applicants must agree to operate projects under the “Housing First” model, meaning prospective tenants are not required to agree to participate in services prior to entering the housing nor can service participation be a requirement of tenancy. Tenants can be required to adhere to a standard market lease, and their tenancy should be supported by eviction prevention strategies, including the engagement of services as appropriate.
• Multiple organizations may apply as a collaborative or joint venture; however, a lead entity must be designated.

City of Porterville RFP For Use of PLHA Funds 5 | P a g e • Organizations must be able to demonstrate capacity to start operations within 90 days of contract award.
• Organizations must have adequate financial capacity to perform proposed operations on a reimbursement basis
• Organizations must submit reports and invoices in a timely manner.

VI. APPLICATION SUBMISSION REQUIREMENTS

APPLICATION PROCESS
Applications from this Request for Proposals (RFP) from Qualified Agencies will be accepted beginning Saturday, December 9, 2023 through Friday, January 19, 2024. Agencies funded as a result of this RFP are expected to execute contracts with the City of Porterville by December February 29, 2024 and begin program operations no later than 60 days from contract execution.

Respondents shall submit a complete RFP application, (including all attachments), to:

All proposals must be submitted in PDF format electronically to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP No. 22/23-SR1957 Permanent Local Housing Allocation (PHLA) Third Year Funding of 2019-2023 Five Year Plan - Reopened”.

The City will review and evaluate each qualification and proposal submission. The City reserves the right to obtain clarification or request additional information, including an interview. If an interview is required, they will be scheduled for January 29, 2024 to February 3, 2024. Proposals will be evaluated and ranked according to the following criteria:

Criteria Points
Understanding of the project and scope of services 40
Experience in the disciples directly relevant to the
project and scope of services
30 Proposed budget and fee structure 30
Following an evaluation of the proposals, it is expected that the selected agency(ies) will be recommended to the City Council for approval. If approved by the City Council, a subrecipient agreement will be executed between the City of Porterville and the selected agency(ies).

The City of Porterville, as a unit of local government, reserves the right to reject any and/or all proposals, reserve the right to waive any formalities or irregularities in the proposal or evaluation process, and reserve the right to award contract(s) in the best interest of the City of Porterville. In addition, the City will not reimburse costs associated with the preparation or presentation of the proposals.

APPLICATION FORMAT
The submitted proposals should contain the following components:
• Applicant Information Form (Attachment A)
• Project Narrative
o Program Description and Design
o Management of Program
City of Porterville RFP For Use of PLHA Funds 6 | P a g e o Fiscal Management
o Diversity and Multicultural Competency
• Estimated Spending Plan and Revenue Summary Form (Attachment B)

APPLICANT INFORMATION FORM
See form in Attachment A.

PROJECT NARRATIVE

1. Program Description and Design (Limit your response to 3 pages) a. Program Description
i. Provide a short, one or two sentence explanation of the purpose of this program and what the funds will be used on.
ii. Explain why the program is needed.
b. Provide a detailed description of your entire proposal as below:
i. Describe the scope of the project, including the number of households that will be served annually, the program services and financial assistance that will be offered to address housing and supportive service needs. Detail the program activities under this service model and how each one will help to achieve one or more of the eligible activities listed in the City of Porterville’s PLHA Five-Year Plan. ii. Describe annual outcomes the project expects to accomplish throughout the grant period.
iii. Describe how program services and/or other resources within your agency will be used to quickly reduce housing barriers and quickly engage participants in successfully maintaining housing stability.
iv. Describe how your project will achieve geographic dispersion and client choice in offering housing placements throughout the City of Porterville. v. Describe the project timeline for program start-up, hiring staff, and achieving fully operational status.
vi. If the applicant is partnering with another organization to provide housing and/or services to project participants, list the names of the partners and provide information on the specific roles and responsibilities of each. vii. Describe how you intend to measure program effectiveness in terms of outcomes to be achieved.
c. Participants
Describe your agency’s experience in the past two years providing services to persons who are experiencing homelessness or at risk of homelessness. i. Describe how you determined the number of clients to be served with the funding requested in this application.
ii. Describe the population(s) you intend to serve. Explain how the target population is identified, qualified and monitored. How will the project link populations to units of non-time limited housing?
d. Personnel
i. Describe the overall staffing plan to accomplish activities in the proposed program, including project leadership, reporting responsibilities, and daily program operations.
e. Collaboration/Coordination
Describe any formal or informal coordination, partnerships, or collaborations with other organizations proposed in this application.

City of Porterville RFP For Use of PLHA Funds 7 | P a g e i. Will the proposed program use subrecipients and/or subcontractors? If yes, please list each partner agency, describe their role as either a subrecipient or contractor, describe what services and the frequency of services that will be offered by the partner agency, and provide a brief description of the partner agency’s experience providing homelessness services.
ii. Describe the organization’s ability to collect data electronically and your agency’s plan to participate in HMIS and/or Coordinated Entry.

2. Fiscal Management (Limit your response to one page)
a. Please outline the organization’s initial program budget, including the availability of other revenue sources. Complete the Estimated Spending Plan and Revenue Summary Form (Attachment B). If the sections do not apply to your program type or you are not requesting funds please enter $0 or N/A. Do not leave sections blank. b. As part of the organization’s initial program budget, please identify all personnel who will provide direct or indirect support of the organization’s proposed services. Include each position title, the number of staff positions within each position title, and the number of Full Time Equivalents (FTEs) within each position title category. Identify additional fund source(s) that pays for each staff member’s salary. These positions should be the same as those listed in the Personnel section of the proposal.
c. Describe how the organization will assure the proper use and safeguarding of public funds and experience using government funds. Does your organization have policies and procedures regarding the financial operations of the organization? Have recent reviews or audits of the organization by a certified public accountant or other financial professional identified any weaknesses in the organization’s financial internal controls? If so, please provide the written report identifying the weaknesses and describe how the organization has responded to correct weaknesses.
d. Describe the organizations overall financial condition and the applicant’s ability to fund potential cost overruns or other costs not anticipated in the project budget. e. Provide copies of the last single audit and 990 filed

3. Diversity and Multicultural Competency (Limit your response to one page) Cultural Competency is defined as:
• Having a defined set of values and principles, and demonstrating behaviors, attitudes, policies and structures that enable the organization to work effectively in cross-cultural situations; and
• Having the capacity to 1.) value diversity, 2.) conduct self-assessment, 3.) manage the dynamics of difference, 4.) acquire institutional knowledge, and 5.) adapt to diversity and the cultural contexts of the communities being served; and • Incorporating the above in all aspects of policy making, administration, practice, service delivery and involving consumers and key stakeholders.
a. Explain your agency’s philosophy and the specific efforts that are in place to assure that this project will be culturally competent and linguistically accessible for the population that will be served. Be sure to include the following information in your response:
i. Based on your understanding of the target population and subpopulation(s), describe how your project will be culturally relevant, sensitive, and linguistically accessible for the individuals or households that will be served, including efforts related to staffing, outreach and service design (i.e., how the project will help reduce barriers to housing and services for individuals of color and those households for whom English is not the primary language); ii. Describe how the ethno-cultural backgrounds of your project staff and agency board reflect that of the identified population to be served and/or how your agency City of Porterville RFP For Use of PLHA Funds 8 | P a g e is working to broaden staff and board diversity and knowledge around cultural competency; and
iii. Describe any means or efforts that are in place to assess the cultural competency of your organization and make changes accordingly.

ESTIMATED SPENDING PLAN AND REVENUE SUMMARY FORM
See Attachment B.

VII. RESPONSIVENESS
All proposals will be reviewed to determine compliance with administrative requirements and instructions specified in this RFP. The Applicant is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive. The City of Porterville also reserves the right at its sole discretion to waive minor administrative irregularities.

City of Porterville RFP For Use of PLHA Funds 9 | P a g e

ATTACHMENTS
A – Applicant Information Form

1. Project title:

2. Project location:

3. Number of households served on a given day: Number of households served annually:

4. Number of individuals served on a given day: Number of Individuals served annually:

5. a. This project is specifically designed to serve the following population:
(Please be very specific and check only those that apply) □ Homeless single adults
□ Homeless families with children
□ Homeless young adults (ages 18 - 25)

5. b. This project is specifically designed to serve the following subpopulation:
(Please check all that apply)
□ Homeless households living on the streets
□ Homeless households living in shelters
□ Homeless households living in transitional housing
□ Persons who are chronically homeless
□ Persons with serious mental illness
□ Persons with significant drug/alcohol addictions
□ Persons with chronic medical condition(s)
□ Persons exiting the foster care system
□ Persons exiting criminal justice facilities
□ Persons exiting mental health or psychiatric inpatient facilities □ Persons exiting residential chemical dependency treatment facilities

6. DUNS Number:

7. Federal Tax ID Number:

8. Contact Information for Project Applicant:

Lead Applicant Agency:
__________________________________________________________________________ Agency Mailing
Address:_________________________________________________________________________ City of Porterville RFP For Use of PLHA Funds 10 | P a g e Total Annual Agency Operating Budget (for all activities of the applicant agency from all sources):
______________
Executive Director Program Manager HMIS Data
Manager
Finance/Bookkeeper
Name
Title
Address (if
different mailing
then above)

Phone
FAX
Email

9. Applicant Type
Nonprofit organization
Affordable Housing Developer

10. Provide the caption, cause number, Court, Counsel, and general summary of any litigation pending or judgment rendered within the past three (3) years against the applicant, as applicable.

11. Indicate the extent, if any, to which the firm, association or corporation or any person in a controlling capacity or any position involving the administration of federal, state or local funds; is currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any agency; has been suspended, debarred, voluntarily excluded or determined ineligible by any agency within the past three (3) years; does have a proposed debarment pending; has been indicted, convicted or has a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or misconduct with the past three (3) years.

City of Porterville RFP For Use of PLHA Funds 11 | P a g e Item No. 10.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Amendment to the Pay Rate Schedule for Seasonal and Part-Time Employees SOURCE: Administrative Services
COMMENT: The California Department of Finance has made the determination to increase the California minimum wage from $15.50 to $16.00 per hour, effective January 1, 2024. While this will not directly impact the City's full-time workforce, it will continue to create compaction issues within the salary schedule. This increase will, however, immediately directly impact pay rates for the City's seasonal and part-time employees. As such, it is now necessary to amend the Seasonal and Part-Time Pay Rate Schedule.

In order to maintain consistency within the salary ranges, and to avoid compaction between part-time classifications, staff is recommending an increase for those classifications in both minimum and maximum salary rates.

The proposed adjustments have been anticipated and accounted for during the Fiscal Year 2023-2024 budgetary process.

To implement these changes, it is proposed that the City's Employee Pay and Benefit Plan, and Seasonal and Part-Time Pay Rates, be amended by Resolution of the City Council. Attached for Council's reference is the Fiscal Year 2023- 2024 Seasonal & Part-Time Pay Rate Schedule, as well as the draft Resolution and the proposed Fiscal Year 2023-2024 Pay Rate Schedule.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution amending the City's Employee Pay and Benefit Plan, Seasonal and Part-Time rates; and

2. Authorize the Mayor to execute these and other documents necessary to implement the provisions hereof.

ATTACHMENTS: 1. Draft Resolution

2. Proposed Fiscal Year 2023-2024 Seasonal and Part-Time Rates

3. Fiscal Year 2022-2023 Seasonal and Part-Time Rates
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Item No. 10.

Final Approver: John Lollis, City Manager
RESOLUTION NO. ___ - 2023

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE APPROVING AN AMENDMENT

TO THE SEASONAL AND PART-TIME PAY RATES
WHEREAS, the City Council of the City of Porterville has established a Schedule of Wages for Seasonal and Part-time Employees; and
WHEREAS, it is proposed to amend the Fiscal Year 2023/24 Schedule for all Seasonal and Part-time positions in compliance with California’s minimum wage, and to maintain consistency within the salary and avoid compaction between classifications.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby approve the revised Schedule of Wages for Seasonal and Part-time Employees, attached hereto and incorporated herein by this reference as Exhibit “A”, effective January 1, 2024.

BE IT FURTHER RESOLVED, that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof. _______________________________
Martha A. Flores, Mayor
ATTEST:

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

SEASONAL AND PART TIME PAY RATES
2023-2024 Fiscal Year
Position Rate
Animal Shelter Technician…………………………………… $17.00 - $18.75/hour Zalud House Curator……………………………..………..….. $16.00 – $17.50/hour Clerical Aide…………………………………………………... $16.00 – $17.50/hour Library Aide…………………………………………………….. $16.00 – $18.50/hour Lifeguard.……………………………………………………….. $16.00 – $17.25/hour
Lifeguard (Senior)……………………………………………… $16.50 – $18.00/hour Maintenance Aide …………………………………………... $16.00 – $17.50/hour Pool Cashier……………………………………………...…….. $16.00 – $17.00/hour Pool Manager…………………………………………….…… $18.00 – $21.00/hour
Pool Manager Assistant……………………………………… $17.00 – $19.50/hour Recreation Leader I………………………………………….. $16.00 – $17.50/hour Recreation Leader II…………………………………………. $18.00 – $19.50/hour Recreation Leader III………………………………………… $20.00 – $22.00/hour **Recreation Instructor………………………………….…… Percentage of Flat Rate Reserve Firefighter………………………………………..…... $16.00 – $18.00/hour Sports Official/Umpire or Referee (Youth)…………..……. $16.00 – $24.50/game Sports Official/Umpire or Referee (Adult)…………..…….. $16.00 – $40.00/game Student Intern……………………………………………...…… $16.00 – $17.50/hour **Pay to be determined by the number of students enrolled and fees charged for selfsupporting classes and activities. 1 APPENDIX A

SEASONAL AND PART TIME PAY RATES
Position Rate
Animal Shelter Technician…………………………………… $15.50 - $16.75/hour Assistant Zalud House Curator…………………………..….. $15.50 – $17.00/hour Campus Supervisor…………………………………………… $15.81 - $19.00/hour Clerical Aide…………………………………………………... $15.50 – $17.00/hour Library Aide…………………………………………………….. $15.50 – $18.50/hour Lifeguard.……………………………………………………….. $15.50 – $16.75/hour
Lifeguard (Senior)……………………………………………… $16.00 – $17.25/hour Maintenance Aide …………………………………………... $15.50 – $17.00/hour Pool Cashier……………………………………………...…….. $15.50 – $16.50/hour Pool Manager…………………………………………….…… $17.50 – $20.00/hour
Pool Manager Assistant……………………………………… $16.50 – $18.50/hour Recreation Leader I………………………………………….. $15.50 – $16.25/hour Recreation Leader II…………………………………………. $16.50 – $18.50/hour Recreation Leader III………………………………………… $18.75 – $21.25/hour **Recreation Specialist………………………………….…… Percentage of Flat Rate Reserve Firefighter………………………………………..…... $15.50 – $17.50/hour Sports Official/Umpire or Referee (Youth)…………..……. $15.50 – $24.50/hour Sports Official/Umpire or Referee (Adult)…………..…….. $15.50 – $39.50/game Student Intern……………………………………………...…… $15.50 – $17.00/hour ***Off-Highway Vehicle Coordinator………………...……. $15.50 – $18.00/hour ***Off-Highway Vehicle Assistant Coordinator……...…… $15.50 – $17.00/hour **Pay to be determined by the number of students enrolled and fees charged for selfsupporting classes and activities. ***Funded by State of California Off-Highway Vehicle Division Grant.

Item No. 11.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Approval of Community Civic Event - Experimental Aircraft Association - Porterville Military Academy 5K Trail Run - March 9, 2024 SOURCE: Finance
COMMENT: The Experimental Aircraft Association (EAA) is requesting approval to hold the PMA 5K Trail Run event on Saturday, March 9, 2024, from 6:00 AM to 12:00 PM, starting and finishing at the Porterville Military Academy (PMA).

This is a fundraising event for the PMA Athletic Department. The sponsor is requesting that the start and finish area of the course at Porter Road, from Pioneer Avenue to the end of the street, be closed for the duration of the race and for W. Westfield Avenue, between N. Main Street and N. Jaye Street, be closed while the runners are crossing. The direction of the course is indicated on the attached map. An outside amplifier permit has been approved from 7:15 AM to 9:30 AM.

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 Application and Agreement, Exhibit A, and Exhibit B.

RECOMMENDATION: That the City Council approve the Community Civic Event Application submitted by the Experimental Aircraft Association to hold the PMA 5K Trail Run event on March 9, 2023, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, and Exhibit B.

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

Review By:

Department Director:

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

Item No. 12.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Consideration of Potential Local Regulations Addressing Regulation of Camping, the Protection of Critical Infrastructure and Public Access to Open Spaces
SOURCE: City Manager's Office
COMMENT: At its meeting on October 17, 2023, the City Council considered regulative approaches that several cities in California have taken toward addressing the regulation of camping, the protection of critical infrastructure and public access to open spaces. Given the different approaches presented and deliberated, Council provided direction to return draft regulations for its consideration at its meeting on December 5, 2023. Staff has continued to review and compile information toward the development of draft regulations, which staff requests the matter be presented at the Council's meeting on December 19, 2023.

RECOMMENDATION: That the City Council continue its consideration of potential regulations addressing regulation of camping, the protection of critical infrastructure and public access to open spaces at its meeting of December 19, 2023.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager
Item No. 13.

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Authorization of Christmas Eve Library Closure SOURCE: Parks and Leisure Services
COMMENT: Historically, when December 24th has fallen on a weekday, it has resulted in low library visits, computer usage and circulation. Library staff typically operates with minimal staffing since overall usage is so limited. Because December 24th falls on a Sunday this year and weekend library usage is less than weekday usage, it is anticipated that public usage would be extremely limited. At its meeting on November 14, 2023, the Library and Literacy Commission voted unanimously to recommend the closure of the temporary library on Christmas Eve. Other Central Valley libraries are scheduled to be closed December 24th, including the Tulare City Library. Signage will be posted for the public and no library materials will be due on December 24th, should the Council give authorization for closure.

RECOMMENDATION: That the City Council authorize the closure of the temporary library on Sunday, December 24, 2023.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL AGENDA – DECEMBER 5, 2023
SUBJECT: Cancellation of January 2, 2024, City Council Meeting SOURCE: Administrative Services
COMMENT:

The City Council has historically canceled its first meeting in January for the past twenty (20) years in consideration of staff workloads and efforts to conform to the vacation and administrative leave policies for applicable management and support personnel. In reference to this history, this item is again being presented for Council's consideration.

If the January 2nd meeting is not held, the next regularly scheduled meeting would be January 16, 2024. However, should the necessity arise, a Special Meeting could be scheduled to expedite any item which might require immediate action.

RECOMMENDATION: That the City Council cancel the January 2, 2024, City Council Meeting.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Item No. 15.

CITY COUNCIL AGENDA – DECEMBER 5, 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 21, 2023, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

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

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

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

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 15.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

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

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

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

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

At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent Item No. 15.
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 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 Item No. 15.
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 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 Item No. 15.
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.

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 Item No. 15.

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 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 Item No. 15.
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
Final Approver: John Lollis, City Manager

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

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

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

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

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

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

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THEREFORE BE IT RESOLVED THAT:

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

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

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

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

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

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

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

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

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

Authority: Section 1058.5, Water Code.

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

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

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

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

Repeal sections:

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

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

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

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

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

NOTICE REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Authority: Section 105$.5, Water Code.

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

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

EXECUTIVE DEPARTMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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

3pg18xi20

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

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

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

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

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

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

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

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

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

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

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

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

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

A.2. SCOPE OF WORK.

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

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

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

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

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

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

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

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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

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

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

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

Exhibit D

12. [RESERVED].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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