Porterville City Council
January 16, 2024

City Council Agenda January 16, 2024

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JANUARY 16, 2024, 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 January 16, 2024 Please use the following link below to join the webinar:
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Or via Telephone: 1-669-900-6833 Webinar ID: 835 2106 3973 Passcode: 358202 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 268-100-005. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Thomas J. and Deborah L.

O'Sullivan Trust. Under Negotiation: Terms and Price.
2 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiff.
3 - 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 Vice Mayor Carrillo
Invocation

PRESENTATIONS
City Council Agenda January 16, 2024

Employee of the Month - Casey Neria
Employee Service Awards
Police Department Awards Presentation
Porterville Homecoming Queen and Court

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

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

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - January 4, 2024

2. Library & Literacy Commission - January 9, 2024

3. Arts Commission

4. Animal Control Commission - January 11, 2024

5. Youth Commission - January 10, 2024

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

1. Water Conservation Phase IV Status Update - December 2023

2. Proclamation Issuance Report (December 2023)

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

1. Authorization to Purchase Emergency Power Generators Re: Consideration to approve the purchase of emergency power generators from United Rentals in an amount not to exceed $416,548.

2. Authorization to Purchase Traffic Signal Controller and Camera Re: Consideration to approve the purchase of a traffic signal controller and traffic detection camera for an amount not to exceed $12,134.

3. Police Department Fitness Gym / Wellness Upgrade
Re: Consideration to approve the purchase of new exercise and wellness equipment for the Police Department for a total cost of $18,776.61 plus applicable sales tax to be paid with Board of State and Community Corrections Officer Wellness and Mental Health Grant funding.

4. Police Vehicle Replacement
City Council Agenda January 16, 2024

Re: Council authorization for staff to locate and negotiate the purchase of one standardized police vehicle up to a cost not to exceed $78,000 and an additional 10% contingency for the total purchase of this vehicle.

5. Consideration of FirstTwo Agency License
Re: Consideration to authorize staff to enter into a two-year contract with FirstTwo; and authorize payment in the amount of $12,000 which will be reimbursed by CalOES.

6. Authorization to Repair Westwood Estates Wall
Re: Consideration to authorize the repair of the Westwood Estates block wall by Advanced Concrete for an amount not to exceed $7,700.

7. Authorization to Repair Police Department HVAC Unit
Re: Consideration to approve the repair of the Police Department HVAC unit from Johnson Controls for $6,455.77; and approve the draft resolution authorizing the appropriation not to exceed $6,455.77 from the General Fund Facility Deferred Maintenance / Equipment Replacement Designated Fund for the repair.

8. Authorization to Advertise for Bids - Phase 2 of Well No. 34 Project (Pumping Plant) Re: Considering approval of the Plans and Project Manual for Phase 2 of Well No. 34 Project which includes the installation of a 250 HP pump, electrical system, piping and other necessary items to complete pumping plant; and approve an agreement for construction management services with Dee Jaspar & Associates for a not-to-exceed amount of $139,218.

9. Award of Contract - Airport Architectural/Engineering Consultant Services Agreement
Re: Consideration to award the Airport Consultant Service Agreement to Tartaglia Engineering and authorize staff to negotiate project-specific Authorization of Services (AOS) in accordance with FAA grant requirements.

10. Acceptance of Project - Island Annexation Area 475 Sewer Project Re: Consideration to accept the Island Annexation Area 475 Sewer Project which is generally bound by Pioneer Avenue to the north, Henderson Avenue to the south, and Indiana Street to the west, as complete.

11. Acceptance of Project - Island Annexation Area 479 Sewer Project Re: Consideration to accept the Island Annexation Area 479 Sewer Project which is generally bound by Olive Avenue to the north, State Route 65 to the east, Newcomb Street to the west, and Roby Avenue to the south, as complete.

12. Authorization to Extend Reclamation Area Lease Agreement Re: Consideration to authorize the extension of the Reclamation Area Lease Agreement with Rick Perigo for the management of 617.15 acres with a 43.79 acre compensation at $165 per acre for an annual sum of $94,604.40; and authorize the signing of a 5-year Lease Extension Agreement with Rick Perigo Roadsiding.

13. Authorization to Execute Consultant Services Agreement - 2025 Biosolids Management Plan
Re: Consideration to authorize Carollo Engineers to develop the 2025 Biosolids Management Plan for a not to exceed amount of $22,816.20.

14. Consent to Sublet - Lot No. 34E at the Porterville Municipal Airport City Council Agenda January 16, 2024

Re: Authorizing the sublet of the airport hangar on Lot 34E from Lessee, Mike Quatacker and Debbie Quatacker to Lessor Jason Malcolm, on a month-to-month tenancy.

15. Consent to Sublet - Lot No. 30 A1, A2 and A3 at the Porterville Municipal Airport Re: Consideration to authorize the Lessee, Matt Quatacker, Mike Quatacker and Debbie Quatacker, to sublet airport hangars on Lot No. 30 A1, A2, and A3 at the Porterville Municipal Airport to Wings Aloft Incorporated, on a month-to-month-tenancy.

16. Authorization for Out-of-State Travel for the Battalion Chief Training Program.

Re: Consideration to authorize travel out-of-state for the Battalion Chief training program located in Pensacola, Florida, from February 4 through 10, 2024.

17. Authorization of Out-of-State Travel for Fire Department Personnel Re: Consideration to approve out-of-state travel for Fire Department personnel to the Rosenbauer Manufacturing Facility located in South Dakota, for identifying specifications and attending meetings related to the purchase of fire apparatus.

18. Ratification of New Classification and Approval of Job Description for Fire Inspector Re: Consideration to ratify the establishment of a new classificiation and approve the Job Description for Fire Inspector within the Fire Department to be funded by Measure I.

19. Draft Resolution Authorizing Submittal of Grant Applications to CalRecycle Re: Consideration to approve the draft resolution authorizing the City Manager, or their designee, the Public Works Director, as the Signature Authority to execute all documents necessary to implement and secure Grant funding from CalRecycle.

20. CDBG Citizens’ Advisory and Housing Opportunity Committee and Citizen Participation Plan
Re: Considering adoption of the 2024 Citizen Participation Plan and the appointment of existing Committee members to the Citizens' Advisory and Housing Opportunity Committee for a one-year term.

21. Status Report - Developer Impact Fees
Re: Consideration to accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2023.

22. Consideration of Letter of Support for Sustainable Transportation Planning Grant Re: Council authorization for a letter of support for the Caltrans Sustainable Transportation Planning Grant Program.

23. Approval of Community Civic Event - Porterville Chamber of Commerce - Culture Anniversary Event - February 3, 2024
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Chamber of Commerce to hold the Culture Anniversary event on February 3, 2024, from 9:00 AM to 12:00 PM.

24. Approval of Community Civic Event - Porterville Kiwanis Club - Food Trucks in the Park - February 10, 2024
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Kiwanis Club to hold the "Food Trucks in the Park" event at Veterans Park on February 10, 2024, from 10:00 AM to 6:00 PM at Veterans Park.

25. Status and Review of Local Drought Emergency
City Council Agenda January 16, 2024

Re: Considering approval of the continuance of the Declaration of Local Emergency.

SCHEDULED MATTERS

26. Consideration of Employment Agreement Between the City of Porterville and Patrice Hildreth
Re: Council consideration of the Employment Agreement Between the City of Porterville and Patrice Hildreth; and if approved, schedule ceremonial swearing in for the next regular City Council meeting on February 6, 2024.

27. Consideration of Adoption of Draft Resolution of the City Council of the City of Porterville Affirming its Commitment to the Principles of Liberty and Medical Freedom
Re: Consideration to adopt the draft resolution of the City Council of the City of Porterville Affirming its Commitment to the Principles of Liberty and Medical Freedom.

28. 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 Water Commission - January 8, 2024

2. Local Initiatives Navigation Center (LINC) Committee - December 27, 2023; January 10, 2024

3. Eastern Tule Groundwater Sustainability Agency (ETGSA) - January 11, 2024

4. CalVans Board - January 11, 2024

5. Tulare County Association of Governments (TCAG) Board - January 15, 2024

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 February 6, 2024, at 5:30 P.M.

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

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

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

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: 1. Water Conservation Phase IV Status Update - December 2023 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of October 1, 2023. The Water Conservation Plan applies to all municipal water users within or outside the city limits.

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

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for December 2023 show that eight (8) notices of violations were issued for water wasting, and four (4) administrative citations were issued.

Water production for December 2023 reflects a thirteen percent (13%) increase from the 5-year average. The monthly production for December was 220 million gallons, which is a thirteen percent (13%) increase compared to December 2013 at 194 million gallons. Residential consumption for December 2023 was 80 gallons per capita per day (GPCD).

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

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

The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue to monitor the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a sixteen (16%) increase from December 2022 to December 2023. California Governor Gavin Newsom issued another Executive Order N-7- 22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2). The City of Porterville's Water Conservation Plan Phase III meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N-10-21.

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

2. Monthly Production Status GPCD December 2023

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

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

0.00 25.00

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

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

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

WATERING PROHIBITED

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

NO WATERING

MONDAY THROUGH
FRIDAY.

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

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

OR
Item No.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: 2. Proclamation Issuance Report (December 2023) SOURCE: Administrative Services
COMMENT:

Pursuant to the City Council Procedural Handbook, staff is herein providing a report on Proclamation Requests that were processed during the month of December 2023. For the period of December 1 to December 31, 2023, the following request was processed.

Date Organization Name of Event /
Proclamation
12/08/202
3 Central California
Family Crisis
Center, Inc.

Human
Trafficking
Prevention Month
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Proclamation Policy_12-19-23

2. Proclamation - Human Trafficking Prevention Month
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Interim City Manager
Final Approver: Patrice Hildreth, Interim City Manager
G. Requests for Proclamations
The City routinely receives requests for proclamations. To qualify as a proclamation, the language should be ceremonial and not convey legislative action or represent that it is establishing City policy or directives. Each individual Council Member has the authority to grant and sign proclamations on their own respective behalf if they are processed in accordance with this Section. The City Council may grant and sign “City Proclamations,” only if the proclamation is approved by the City Council at a noticed and public City Council meeting in accordance with the Brown Act, and these proclamations shall be deemed to be “City Proclamations” and have the City Seal affixed.

Within one business day of receipt of a Request for Proclamation, staff shall scan and email the request to all City Council Members. In the event a Council Member is interested in granting the request, they shall individually notify staff of their interest. If more than one Council Member responds, the first responsive notification received by staff shall be the grantor. Staff shall then advise the remaining Council Members as to interest in signing the proclamation, and the Council Members shall have one business day to reply, after which the proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members. If more than two council members respond that they are interested in signing the proclamation, a consent calendar item will be prepared for the next scheduled city council meeting, for full City Council consideration. Approved City Proclamations may be signed by the Mayor, although the Mayor’s signature shall not be compelled. Additionally, the City Council may provide express authority regarding additional members who wish to also be signatories.

All signed proclamations will be made available in the Office of City Clerk for pick up by the requestor unless arrangements have been made for presentation at a certain event. Proclamations shall not be included on the Council Agenda nor presented at a Council Meeting unless approved by a majority of the entire Council. Staff shall provide a monthly informational report to the City Council identifying the proclamations for the preceding month. (Amended via Minute Order 15-121923, December 19, 2023.)

Item No. 1.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Authorization to Purchase Emergency Power Generators SOURCE: Public Works
COMMENT: As part of the Fiscal Year 2023-2024 Capital Project Budget approved by Council on September 19, 2023, two (2) generators were prioritized for purchase, a 400 kva and a 150 kva. The purchase of these two (2) generators will allow staff to provide emergency power for City water wells and sewer lift stations in the event of a power outage.

Bids were requested from three (3) distributors meeting design specifications identified for emergency power supply applications pertaining to a 400 kva generator. The following two (2) bids were received from these local equipment distributors, and one (1) was non-responsive:
400 kva generator: Cost:

United Rentals $ 250,132
Quinn Power
Systems
$ 397,836
Critical Power
Products
Non-Responsive
Bids were requested from three (3) distributors meeting design specifications identified for emergency power supply applications pertaining to a 150 kva generator.

Two (2) bids were received from these local equipment distributors, and one (1) was non-responsive.
150 kva generator: Cost:

United Rentals $ 128,548
Quinn Power
Systems
$ 151,552
Critical Power
Products
Non-Responsive
After reviewing the acquired bids for the purchase of emergency power generators, Staff recommends the purchase of the (2) generators from United Item No. 1.

Rentals as they were the lowest bidder for the specified pieces of equipment for the purchase price of $378,680. Both vendors provided the City with Sourcewell pricing. Sourcewell Pricing is a municipal contracting government agency serving over 50,000 member agencies throughout the nation with competitively bid and awarded purchasing solutions from industry-leading vendors. The total purchase cost for both pieces of equipment in an amount not to exceed $416,548 (inclusive of all parts, taxes, and labor and a 10% contingency for equipment setup) is to be funded by the Water Replacement Fund as programmed in the 23/24 Capital Improvement Project list.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of specified emergency power
generators for an amount not to exceed $416,548 (inclusive of all parts, taxes, labor and a 10% contingency) from United Rentals; and

2. Direct the Finance Director to initiate a Purchase Order to United Rentals for the purchase of specified emergency power generators for an amount not to exceed $416,548 (inclusive of all parts, taxes, labor and a 10% contingency).

ATTACHMENTS: 1. United Rentals Quote

2. Quinn Power Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Interim City Manager

Item No. 2.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Authorization to Purchase Traffic Signal Controller and Camera SOURCE: Public Works
COMMENT: The City maintains 51 traffic signals on roadways within its boundaries. To expedite repairs, the City has maintained a small inventory of equipment. The former controllers have become obsolete and can no longer be purchased or repaired. In an effort to respond to ongoing traffic signal upgrades and maintenance operations, the current model Econolite Cobalt controller has been adopted by manufacturer specification to be the direct replacement for the McCain 170 controllers that are currently in the process of being phased out.

The controller is proprietary equipment that is required to be purchased directly from the manufacturer. Staff would also request to purchase a spare traffic detection camera simultaneously to maintain inventory. Staff requests authorization to purchase one (1) Econolite Cobalt traffic signal controller and one (1) traffic detection camera from Econolite at a cost not to exceed $12,134 (inclusive of all parts, taxes, and freight, and a 10% contingency). Funds are available in the Traffic Signal Upgrade Capital Budget with Special Gas Tax Fund.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of a traffic signal controller and traffic detection camera for an amount not to exceed $12,134 (inclusive of all parts, taxes, and freight, and a 10% contingency); and

2. Authorize payment upon receipt of the listed traffic signal components.

ATTACHMENTS: 1. Rackmount Cobalt Controller Quote rev2 1-9-24

2. Autoscope Vision Video Detection Camera Quote 1-9-24 Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Interim City Manager
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

1/9/2024
To:

Item # Part Qty Description Tariff Price per Extended
1 COBRM21120110000 1 COBALT G-SERIES RACKMOUNT,
WITH PWR CORD, 8MB

DATAKEY, NO COMM CARD
$24.10 $4,549.30 $4,549.30
Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements.

Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law.

Quote Valid For Days: 60
FOB: Econolite Factory
Terms: NET30
*Ship Terms: PPD
**Taxes and Tariffs Estimated (if included)
Corey Kelly
Corey Kelly, Account Manager, Senior
Mobile: +1 7142734912
[email protected]
Shipping Date: To be determined at time of receipt of order Bryan Searle
City of Porterville
Quote Name: Rackmount Cobalt Controller Quote
Project Reference:

Econolite Reference: Q-42374-E48B
Subtotal $4,549.30
Shipping & Handling*
Taxes** $420.81
Tariffs** $24.10
TOTAL $4,994.21
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

1/9/2024
To:

Item # Part Qty Description Tariff Price per Extended
1 AVISION 1 VISION VIDEO SENSOR $0.00 $5,525.00 $5,525.00 Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements.

Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law.

Quote Valid For Days: 60
FOB: Econolite Factory
Terms: NET30
*Ship Terms: PPD
**Taxes and Tariffs Estimated (if included)
Corey Kelly
Corey Kelly, Account Manager, Senior
Mobile: +1 7142734912
[email protected]
Shipping Date: To be determined at time of receipt of order Bryan Searle
City of Porterville
Quote Name: Autoscope Vision Vide Detection
Camera
Project Reference:

Econolite Reference: Q-42376-E4D8
Subtotal $5,525.00
Shipping & Handling*
Taxes** $511.06
Tariffs** $0.00
TOTAL $6,036.06
Item No. 3.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Police Department Fitness Gym / Wellness Upgrade SOURCE: Police
COMMENT: The Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Program, established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), provided $50 million for city and county law enforcement agencies to improve Officer wellness and expand mental health resources. At its meeting on March 7, 2023, the City Council authorized the acceptance of these grant funds in the amount of $46,337.46.

Staff has reviewed the approved purposes of utilizing this funding. In doing so, staff also researched the purchase of modern exercise equipment to garner additional interest in utilizing the police department gym. Being on the front lines as a first responder is physically and emotionally challenging. Continuous exposure to traumatic events can lead to feeling overwhelmed and, as a result, can result in mental health challenges. Time is often the top reason people cite for their lack of exercise. For first responders, this is completely understandable. With odd working hours due to shift work and mandatory or voluntary overtime coupled with typical family and personal responsibilities, there never seem to be enough hours in the day. Therefore, it is believed that with newer equipment, officers will be able to use their time wisely to maximize the benefits of exercise.

By purchasing these different items of equipment, officers will be able to complete full-body movements to get stronger. Getting up and moving when typically confined to stationary positions can prevent injuries, reduce chronic back and joint pain, and make officers healthier overall. Officers will be able to focus on whole-body fitness and consider the areas they need to be strongest in to improve on-the-job performance. The key areas first responders should focus on are strength training, cardio training, flexibility training, and mobility training.

In conducting research, Peloton is at the forefront of connected fitness, with a powerful and thriving community of over 6.7 million members across the US, UK, Canada, Germany, and Australia. Peloton brings together the best equipment, software, content, and instructors to make fitness accessible, effective, and convenient for everyone and keep members motivated and moving toward their goals. Through its immersive fitness ecosystem, Peloton is transforming the way people work out, with a vast library of live and ondemand studio classes available to take wherever and however members choose to move through Peloton Bike+, Tread, Row, and Application, and on any iOS Item No. 3.
and Android device and select smart TVs. In addition to utilizing the bike, the rowing machine, and/or the treadmill, officers can also take live or on-demand strength training and yoga classes, which are all included in the membership at no additional cost. Currently, Peloton offers the Bike+ and the Row as a package, through their commercial business department, at a cost of $6,762.61.

The Tread is offered separately through their retail department for $2,795.00 plus applicable sales tax.

In combination with the Peloton equipment, staff have researched additional fitness equipment from Tonal. This piece of equipment conducts the following:
• Strength assessments to constantly adapt to the body’s needs as the fitness journey progresses.
• Adaptive weights of up to 200 pounds of adaptive weight resistance, custom-set to match current ability, and adjust as the user gets stronger. • Full-body workouts with adjustable arms that safely and easily lock into various positions, giving versatility to do more than 245 different upper, lower, and full-body moves.
• Smart accessories to enhance the workout experience with custom features such as activating weight with the touch of a button. • Custom programs to provide suggested workouts and movements tailored to specific goals.

The cost of the Tonal Gym is $3,500. There is an additional cost of an annual contract/membership to remain active. The cost is set at $720 dollars per million pounds lifted. This is required for the annual contract/membership to remain "Active." One million pounds is purchased at a time, and if the million pounds is lifted before the end of the year, then additional millions can be purchased. Included in the cost is:
• Tonal Hardware
• Full Smart Accessories Package (Bench, Yoga Mat, Foam Roller, Smart Handles, Rope, Barbell)
• Accessory Shelf
• Shipping, delivery, and professional installation
• Dedicated Account Manager
• Unlimited Accounts and Full Subscription
Additionally, Tonal offers a full coverage warranty and service as long as there is an active subscription (Contract/Membership). As stated before, the annual contract has a minimum cost of $720, but as long as the contract is renewed, Tonal will actively support the product and service indefinitely.

Every day, first responders carry the weight of both physical and emotional stress. Staff have conducted research into the benefits of a massage chair to complement the exercise equipment. Infinity Massage Chairs have been used by Item No. 3.
workplaces, to include public safety, and support their employees' wellbeing.

These chairs have been shown to improve recruitment and retention, improve employee health, alleviate work-related injuries, and improve performance and engagement. Investing in police wellness is also the 6th pillar of the 21st Century Policing Initiative. The massage chair offers an ideal method to reduce stress by lowering blood pressure, calming heart rates, and promoting total relaxation. Investing in the wellness of police employees has an incredible domino effect - skyrocketing morale and, as a natural consequence, boosting retention rates. These chairs are being used state wide and have shown proven benefit.

The purpose of making fitness (including relieving stress) a priority is to keep officers healthy during and after their career, and also to make them more successful while on the job, fulfilling their responsibilities and protecting the community. By purchasing an all-in-one Peloton package of equipment, the Tonal Gym, as well as the massage chair, it is believed officers will find the benefits of health, relaxation and reduce many job related health issues.

The total cost for the Police Facility Peloton equipment, the Tonal Gym, and the Infinity Massage chair is $18,776.61 plus applicable sales tax. Funds for this purchase are available in the Department's BSCC Officer Wellness and Mental Health Grant.

RECOMMENDATION: That the City Council:

1. Approve the purchase of new Peloton exercise equipment in the amount of $9,557.61 plus applicable sales tax from Peloton;

2. Approve the purchase of the Tonal Gym in the amount of $4,220.00 plus applicable sales tax from Tonal; and

2. Approve the purchase of a new Infinity Massage chair in the amount of $4,999 plus applicable sales tax.

ATTACHMENTS: 1. Peloton Product Portfolio for Commercial Info Sheet

2. Commercial-Bike_Sell-Sheet-102523

3. Commercial-Row-Sel-Sheet-10-27-2023

4. Peloton Tread

5. Porterville PD - 1 Bike+ and 1 Row - Quote

6. Peloton Bike for Commercial - Warranty Information

7. Peloton Sole Source Letter_signed

8. Massage Chair Kyota_M898_Spec_Sheet

9. Infinity Massage Chair
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Item No. 3.

Final Approver: Patrice Hildreth, Interim City Manager

CREATE THE ULTIMATE

WORKOUT SPACE
Bring the full Peloton line-up to your customers with Bike, Bike+, and now, Row, so you can unlock more value, set your business apart, and attract new exercisers.

Peloton Bike Peloton Bike+ Peloton Row
Peloton Bike Peloton Bike+ Peloton Row
Motivating cardio, loved by
millions and enhanced for your
fitness facility.
$2,995 $2,495 PER ROW*$1,445 PER BIKE PER BIKE+
Commercial packages
$350 PER PIECE OF

EQUIPMENT
Optimized for commercial spaces and for your business.

Unlimited-user commercial subscriptions
• Access to exclusive commercial software for unlimited users** • Commercial limited warranties
• Dedicated commercial support
* Includes delivery and installation. Age, height, and weight restrictions apply to the use of the Peloton Bike, Bike+, and Row. ** Commercial subscription sold separately.

Learn more
business.onepeloton.com/
products/
Our newest, most immersive
Bike technology lets them ride
then hit the floor for more.

A rowing machine like no other,
designed for any level.

See Bike specs & features See Bike+ specs & features See Row specs & features Bring the full Peloton for Business portfolio
to your exercisers
Required for each piece of equipment
Turn the screen for more
A larger, anti-glare screen that rotates for 360° of movement makes it easy to experience a variety of classes for a total body workout.

Automatically change resistance
Your exercisers can go hands-free and have their resistance automatically adjusted to match instructor callouts.

Optimized for your facility
The signature Peloton experience, with commercial software for unlimited riders to exercise for free, pedals compatible with athletic shoes, and dedicated commercial support.

MAXIMIZE

YOUR FITNESS SPACE AND
YOUR EXERCISERS’ WORKOUTS -
PELOTON BIKE+

COMMERCIAL

PACKAGE
• Access to exclusive
commercial software for
unlimited riders**
• Commercial limited warranty
• Dedicated commercial support
• Pair of 2-lb Bike weights, Bike
mat, and dual-sided pedals
that allow for use with athletic
shoes or cycling shoes

LEARN MORE
business.onepeloton.com/products/
commercial-bike-plus

OUR MOST IMMERSIVE

TECHNOLOGY, NOW AVAILABLE

FOR YOUR BUSINESS
* Age, height, and weight restrictions apply to the use of the Peloton Bike+. ** Commercial subscription sold separately.

WITH BIKE+*

SPECIFICATIONS

CONSTRUCTION
Frame
Resistance
Drive
Pedals
Warranty

TECHNOLOGY
Screen
Camera
Sound
Network requirements
Connectivity
Device pairing
Download/Upload speeds
Power requirements

MEASUREMENTS
Dimensions
Weight
Rider height & weight limits
Age minimum
Welded steel, ED & powder coated
Magnetic with mechanical adjustment
Poly V® power transmission belt drive
Dual-sided with both SPD-compatible clips and cages to allow for use with bike shoes or athletic shoes
3-year commercial limited warranty for touchscreen,
components and labor (with standard 12 mo limited warranty for pedals and 5 year limited warranty for frame), see details at business.onepeloton.com/warranty-for-commercial-use

23.8″ (60.5 cm) HD rotating, anti-reflective touchscreen 8 megapixel front-facing camera with privacy cover
Supports standard headphones
Compatible with Bluetooth® headphones
Wired (preferred)
Wireless (WiFi with WPA2; 2.4Ghz or 5Ghz band)
WiFi 802.11 a/b/g/n/ac
ANT+ wireless
Bluetooth® 5.0
100 Mbps - USB-C to Ethernet Adapter ONLY (not included) Connect heart rate monitors and smart watches to
track performance
Download: >10-15 Mbps
Upload: >2.5 Mbps
100 V to 240 V, 50 Hz to 60 Hz, 3.25 A Max
59 L x 59 H x 22 W in (150 L x 150 H x 56 W cm)
140 lb (63.5 kg)
The Bike+ is built and tested for users between 4’11” and 6’4” (148 to 193 cm) in height and under 297 lbs (135 kg) in weight. 14+
Peloton Interactive, Inc. 441 9th Avenue, New York, NY 10001 Peloton Interactive, Inc. 441 9th Avenue, New York, NY 10001 Network parameter
Physical Connection
Download speed
Upload speed
Firewall
IP address assignment
Intermediate
requirements
WiFi with WPA2
5Ghz band
>10-15 Mbps
>2.5 Mbps
Minimum
requirements
WiFi with WPA2

2.4Ghz band
Recommended
requirements
Wired connection
All outbound traffic is allowed No Captive Portal No URL Filtering Direct Internet Access (No Proxy)
Static DHCP Dynamic DHCP Dynamic DHCP
The Peloton Bike+ will work on a wireless connection, but a wired connection is recommended. If using a wireless
connection, place the Bike+ as close as possible to a WiFi access point. The touchscreen supports both 2.4Ghz and
5Ghz frequencies over WiFi. Where proximity allows, we
recommend utilizing the less-congested 5Ghz WiFi band.

NETWORK

REQUIREMENTS
Innovative technology
Designed for any level with Form
Assist for real-time feedback and
personalized pace targets.

Why choose Peloton Row?
More than a machine
Unmatched content, inspiring
instructors, and a community
of Members to row with on the
Leaderboard.

Optimized for businesses
Commercial software that allows
unlimited users to Row for free and
dedicated commercial support for your
business.

CUTTING-EDGE ROWER

UNBEATABLE EXPERIENCE

PELOTON ROW

SPECIFICATIONS

CONSTRUCTION
Rail
Hub
Belt
Handle
Warranty

TECHNOLOGY
Screen
Camera
Sound
Connectivity
Device pairing
Download speed
Power requirements

MEASUREMENTS
Dimensions
Weight
Foot stretcher
Height range
Weight maximum
Age minimum
Anodized and powder-coated aluminum
Molded plastic with embossed logo
Woven strap with contrasting red centerline
Easy-grip molded plastic and TPE
Commercial limited warranty. For more details visit
business.onepeloton.com/warranty-for-commercial-use

23.8″ (60.5 cm) HD touchscreen with 45º swivel
8 megapixel still photo, 1080P video camera with privacy cover 4 digital microphone array
WiFi 802.11 a/b/g/n/ac, MIMO 2x2 antenna
ANT+ wireless
Bluetooth® 5.0
Not ethernet compatible
Uses the Peloton Watch App to pair with Apple® or Wear OS watches Download: >100 Mbps recommended
100-240 VAC, 50-60 Hz, 0.65A-1.50A
7′10″ L x 24″ W (239 L x 61 W cm)
157 lb (71 kg)
Women’s size 5, Men’s size 13.5
4′11″ - 6′5″ (150 - 196 cm)
300 lbs (136 kg)
16+
Peloton Interactive, Inc. 441 9th Avenue, New York, NY 10001 Peloton Interactive, Inc. 441 9th Avenue, New York, NY 10001 Network parameter
Physical Connection
Download speed
Firewall
IP address assignment
Requirements

2.4GHz & 5GHz WiFi running on
WiFi 802.11 a/b/g/n/ac
100 Mbps recommended
Row will not support “hidden” WiFi networks
Static DHCP Dynamic DHCP Dynamic DHCP

NETWORK

REQUIREMENTS

2845.00
350.00
2995.00
PROPOSAL December 12, 2023
Peloton
www.onepeloton.com
441 Ninth Avenue, Sixth Floor
New York, NY 10001
Tax ID: 47-3533761
Bill To:

Porterville Police Department
Attn: Tiffany Savoie
350 North D Street
Porterville, CA 93257
[email protected]
559-782-7402
Ship To:

Porterville Police Department
Attn:Melinda Rios
350 North D Street
Porterville, CA 93257
[email protected]
559-782-7422
Description Quantity Unit Price Cost
Peloton Row for Commercial 1 $ $ 2995.00
Commercial Package - Row 1 $ $ 350.00
Bike+ Commercial US Package 1 $ $ 2845.00
Subtotal $ 6190.00
Shipping,
Delivery &
Setup
$ 0.00
Tax $ 572.61
Total $ 6762.61
This invoice constitutes an offer by Peloton Interactive, Inc. (“Peloton”) to the customer named on this invoice (“Customer”) to sell the products and services in the quantities and for the price, in each case, as listed herein (the “Products”). Customer’s acceptance of delivery of or payment for any Products provided hereunder constitutes Customer’s acceptance of these terms. Purchase and use of the Products by Customer is subject to the Peloton Commercial Partner Standard Terms & Conditions of Purchase, which can be found at https://commercial.onepeloton.com/Peloton-Commercial-Partner-Terms-of-Sale.pdf (or such successor website as Peloton may designate from time to time), as may be amended by Peloton in its sole discretion. The Products are subject to the Bike for Commercial Use Limited Warranty (the "Limited Warranty"), which can be found at https://commercial.onepeloton.com/Peloton-Commercial-Bike-Warranty.pdf (or such successor website as Peloton may designate from time to time), as may be amended by Peloton in its sole discretion. The Limited Warranty shall constitute Peloton's entire obligation, and Customer’s sole remedy, with respect to any defects in the Products. This invoice and any terms incorporated herein by reference constitutes the entire agreement between Customer and Peloton with respect to the purchase of the Products, supersedes all prior oral or written understandings relating thereto, and may not be modified except by mutual written agreement between Customer and Peloton. If a purchase order or any other communication from Customer contains provisions inconsistent with the provisions hereof, the terms herein will prevail and Peloton hereby notifies Customer of its objection to and rejection of any such provisions stated by Customer that are in conflict with, inconsistent with, or in addition to those contained herein. *Pricing is subject to change and not guaranteed until placing an order with the Peloton Sales Team 1 PELOTON BIKE FOR COMMERCIAL USE
LIMITED WARRANTY*
Peloton Interactive, Inc. (“Peloton”) extends the following Limited Warranty, which applies on the condition that purchaser uses the Peloton Bike solely indoors and solely in a commercial setting, and that the purchaser complies in full with the Peloton Commercial Partner Standard Terms & Conditions of Purchase, and excluding use in for-profit, membership-based commercial gyms other than gyms open solely to employee populations as part of an employer-sponsored corporate wellness benefit. Any other use of the Peloton Bike, including the uses described in the foregoing sentence, shall void this Limited Warranty. During the applicable Limited Warranty periods described below, the covered components of the Peloton Bike will be free of defects or malfunctions during normal use. Certain exclusions apply, as further described in this Limited Warranty.

The Limited Warranty applies for the following components of the Peloton Bike only, for the time period indicated. The Limited Warranty applies for the following components of the Peloton Bike only, for the time period indicated. The Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the Peloton Bike remains in the possession of the original purchaser.

T O U C H S C R E E N – 3 6 M O N T H S
Peloton warrants the touchscreen against defects in workmanship and materials for a period of 36 months from the date of original delivery.

F R A M E – F I V E Y E A R S
Peloton warrants the frame (excluding any moving parts bolted to the structural frame) against defects in workmanship and materials for a period of five years from the date of original delivery.
*Limited Warranty valid only in the United States and Canada. 2 BIKE COMPONENTS – 36 MONTHS
Peloton warrants the components and
all original parts of the Peloton Bike
other than pedals, including its belt,
brake resistance, crank shaft, seatpost,
handlebars and water bottle holder, against
defects in workmanship and materials for
a period of 36 months from the date of
original delivery.

BIKE PEDALS – SIX MONTHS
Peloton warrants the components and all
original parts of the original pedals that
come with the Peloton Bike against defects
in workmanship and materials for a period
of six months from the date of original
delivery. Bike pedals are not warranted
against normal wear and tear and it is
important that you maintain the pedals
by inspecting the pedals regularly for any
damage, loose parts or other signs of wear
and tear that could cause breakdowns or
part failures. Any pedal that shows signs of
worn or damaged parts should be removed
from service immediately. Please refer to
Peloton’s guide on maintaining your pedals,
available on Peloton’s website.

LABOR – 36 MONTHS
For Peloton Bikes originally assembled
by an authorized Peloton technician,
Peloton will cover the labor cost for the
repair or replacement made under this
Limited Warranty, where performed by an
authorized Peloton technician, for a period
of 36 months from the date of original
delivery. Except where applicable law
requires otherwise, repair labor is
not covered for locations where Peloton
did not originally assemble the Peloton
Bike or if the Peloton Bike is moved to
a location that is outside Peloton’s
service area.

EXCLUSIONS AND LIMITATIONS
WHO IS COVERED?
The original owner of the Peloton Bike. The
Peloton Bike must remain in the possession
of the original purchaser at the location
where originally assembled. This Limited
Warranty is not transferable.

WARRANTY | 3

WARRANTY CONTINUED
WHAT IS COVERED?
If a defect arises in the Peloton Bike or a
warranted component within the applicable
Limited Warranty period, the purchaser’s
sole and exclusive remedy is for Peloton
to, at Peloton’s discretion to the extent
permitted by law, either replace or repair the
defective or malfunctioning Peloton Bike or
component with the same or a comparable
model. Any replacement or repaired
component shall be warranted for the
remainder of the original Limited Warranty
period or 30 days, whichever is longer, or
for any additional period that is required by
applicable law.

WHAT IS NOT COVERED
Any other Peloton products or services,
non-Peloton products or labor, units that
are, or that Peloton reasonably believes to
be, stolen, counterfeit, or purchased from
an unauthorized distributor or reseller,
units purchased or used outside the U.S. or
Canada, and units missing serial numbers.

Software, even if sold with or embedded in
the Peloton Bike, or Internet connectivity.

Peloton does not warrant that the operation
of the Peloton Bike will be uninterrupted or
error-free.

Damage or equipment failure due to normal
wear and tear, improper or negligent
assembly, maintenance, installation,
relocation, or repair (other than that caused
by a Peloton authorized service technician),
use of the Peloton Bike with parts or
accessories from third parties, or with parts
or accessories not originally intended for
or compatible with the Peloton Bike, or
any use contrary to the instructions in this
Owner’s Manual.

Damage or equipment failure due to
accident, abuse, improper or abnormal
use, neglect, corrosion, discoloration of
paint or plastic (or any other change in
cosmetic appearance that does not affect
performance), theft, vandalism, fire, flood,
wind, lightning, freezing or other natural
disasters or acts of God of any kind,
electrical wiring, power reduction, power
fluctuation or power failure from whatever
cause, unusual atmospheric conditions,
collision, introduction of foreign objects, or
modifications that are unauthorized or not
recommended by Peloton.
4 Incidental or consequential damages.

Peloton is not responsible or liable for
indirect, special, incidental or consequential
damages, economic loss, loss of property
or profits, loss of enjoyment or use, or
other consequential damages of any
nature whatsoever in connection with
the purchase, use, repair or maintenance
of equipment or parts. Peloton does not
provide monetary or other compensation
for any such repairs or replacement parts
costs, including but not limited to gym
membership fees, work time lost, cost of
substitute equipment, diagnostic visits,
maintenance visits or transportation.

Any attempt to move or repair fitness
equipment creates a risk of injury
and property damage. Peloton is not
responsible or liable for any damage or
injury incurred during, or as a result of,
any move, repair or attempted repair of
equipment by anyone other than a Peloton
authorized service technician. All moves
or repairs attempted by you or your agents
are undertaken AT YOUR OWN RISK and
Peloton shall have no liability for any injury
to persons or property arising from such
attempted moves or repairs. In addition,
labor may no longer be covered if the
Peloton Bike is moved outside of Peloton’s
service area.

Where permitted by law, replacement
units, parts and electronic components
reconditioned to as-new condition by
Peloton or its vendors may sometimes
be supplied as warranty replacement and
constitute fulfillment of warranty terms.

THIS LIMITED WARRANTY IS THE

EXCLUSIVE WARRANTY GIVEN BY

PELOTON AND SUPERSEDES ANY

PRIOR, CONTRARY OR ADDITIONAL
REPRESENTATIONS. ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING ANY STATUTORY WARRANTY

OR CONDITION OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE,

ARE DISCLAIMED EXCEPT TO THE
EXTENT PROHIBITED BY LAW. IN SUCH

EVENT, SUCH WARRANTY IS LIMITED

TO THE DURATION OF THE WARRANTY
PERIODS SET FORTH ABOVE. THIS

EXCLUSION APPLIES EVEN IF THIS

WARRANTY FAILS OF ITS ESSENTIAL

PURPOSES AND REGARDLESS OF

WHETHER DAMAGES ARE SOUGHT FOR

BREACH OF WARRANTY, BREACH OF

CONTRACT, NEGLIGENCE, OR STRICT

LIABILITY IN TORT OR UNDER ANY OTHER
WARRANTY | 5

WARRANTY CONTINUED
LEGAL THEORY. SOME JURISDICTIONS

DO NOT ALLOW THE EXCLUSION

OR LIMITATION OF INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THE

ABOVE LIMITATION MAY NOT APPLY TO
YOU. THIS LIMITED WARRANTY GIVES

YOU SPECIFIC LEGAL RIGHTS, AND YOU

MAY ALSO HAVE OTHER LEGAL RIGHTS,
WHICH VARY FROM STATE TO STATE.

H O W T O O B TA I N

WARRANTY SERVICE
Purchaser must notify Peloton within 10
days after the date of discovery of any
nonconformity or defect and make the
affected product (and its serial number
and proof of purchase, if requested)
available for inspection by Peloton or
its representative.

Claims must be made within the
specified warranty period.

Any disputes between you and Peloton
related to this Limited Warranty or the
Peloton Bike for Commercial Use will
be governed by the dispute resolution
provisions of your sales agreement with
Peloton, or in the absence of such a
provision, then disputes will be resolved by
binding confidential commercial arbitration
in New York, New York.

EXTENDED WARRANTY SERVICE
Extended warranty coverage
is available for purchase through
Peloton’s authorized partner. For
more details contact:
[email protected]
Kathryn de Campenhout
Commercial Business Manager
Peloton Interactive, Inc.
441 Ninth Avenue, Sixth Floor
New York, New York 10001
onepeloton.com
To Whom It May Concern:

This letter is to confirm that Peloton Interactive, Inc. is the only authorized manufacturer of the Peloton line of commercial offerings.

Sincerely,
Kathryn de Campenhout
Commercial Business Manager
Massage Regions
Features
Product Specifications
35”
49”
73” (Reclined)
67”
37”
(Reclined)
Ideal Height & Weight
300 LBS
MAX 5’ - 6’6”
Kyota Yutaka M898 4D Massage Chair
Back Mechanism Track Type/Length
Airbags/Cells Recline
Heat Zones Smart Fit
Zero Wall Clearance Warranty
- Smart Body Scan
- Mechanical Foot
Track
L
49”
24 56
Lumbar
2” Kyota Promise
4Year
Limited
Warranty
Gentle Moderate Intense
Intensity Range
Auto 12Programs
Wired Controller
www.kyotamassagechairs.com
1-800-242-0761
Neck
Back
Glutes
Palms
+ Arms
Calves
Feet
Shoulders
3 levels
Zero
Gravity
Chromotherapy
Lights
Black/Black Bronze/Brown
• 4D back massage mimics deep tissue massage of human
hands
• Triple roller Total Sole Reflexology® foot massage
• Kneading and oscillating calf
• Intelligent voice command + control
• Wireless contact charging pad plus USB charging port
• Joystick quick access control
• Premium Bluetooth speakers plus onboard nature sounds • Chromotherapy programs and LED mood lighting
• Air ionizer
• iOS & Android App
Kneading +
Oscillating calf
Wireless Charging
+USB port
Intelligent
Voice Control
BILL TO: SHIP TO:

NAME:

COMPANY NAME:

ADDRESS:
:XAF :XAF
E-MAIL ADDRESS:

QTY COLOR PRICE
--
included
included
EXP. CCV#
SIGNATURE: DATE:

CREDIT CARD BILLING ADDRESS:

ESTABLISHED TERMS / METHOD OF PAYMENT

CREDIT CARD INFORMATION

SPECIAL INSTRUCTIONS

WHITE GLOVE DELIVERY
CITY, STATE & ZIP:

TOTAL DUE:
3 Year Warranty:
3% Credit Card Fee:

Standard Freight:

WHITE GLOVE DELIVERY
PHONE:

MODEL NUMBER/SKU UNIT PRICE
E-MAIL ADDRESS:

PHONE:

YOUR NAME:

COMPANY NAME:

ADDRESS:

CITY, STATE & ZIP:
72 Stard Rd
Seabrook, NH 03874
Tel. 603-347-6006 | Fax 1-603-926-4517
The issuer of the card identified on this order form is authorized to pay the amount shown as Total upon proper presentation. I agree to pay such Total (together with any other charges due thereon) subject to and in accordance with Agreement governing the use of such card. All Sales are final and all deposits are non-refundable. (required)

PURCHASE ORDER
Check:

Acct#:

Date:

Ach: Wire: Credit Card: PayPal:

TERMS:

PAY METHOD: Other:

Prepayment: Net 15: Net 30:

RESIDENTIAL BUSINESS
DirectPay:

Item No. 4.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Police Vehicle Replacement
SOURCE: Police
COMMENT: During the month of October 2023, a 2014 Police Department Dodge Charger (#3334), began experiencing major mechanical issues with the engine. This vehicle, which has mileage of just over 73,000 miles, was utilized as a K-9 unit and was being prepared to be retrofitted to a patrol unit. Based on its mileage, it was not due for replacement. The vehicle was taken to Porterville Chrysler Jeep for an inspection. During the inspection, it was determined that the engine was in need of replacement, at a cost of $11,820.30.

Given the unique parameters and equipment requirements of K9 units, they incur more maintenance costs and cause a reduction in operational efficiency and safety as the unit ages, when compared to a traditional non-K9 unit with the same mileage. Department staff have consulted with the City of Porterville Shop Superintendent, who agrees that, based on the aforementioned operating parameters, it would not be fiscally prudent to repair this K9 unit. Additional factors are considered in this process, such as the age of the vehicle, mileage, maintenance costs, etc. A primary consideration is given to the safety of each vehicle, due to the high-risk driving required at times for these vehicles.

Over the past several years, the Department has been challenged with the procurement of police fleet vehicles due to supply and demand disruptions. Due to supply chain disruptions, there have been significant delays causing standardized police vehicles to either be unavailable or take excessive amounts of time to deliver, sometimes years.

Staff is requesting to purchase a standardized police vehicle and replace the above-mentioned 2014 Dodge Charger. Staff is requesting that the City Council authorize staff to negotiate for the purchase of one standardized vehicle up to a total cost of $78,000, which is based on a general Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees, to include the upfit of necessary emergency equipment including lights, siren, and other tools to place the vehicle into service. Due to the unique purchasing parameters requested, staff is further requesting a 10% contingency for the total purchase of this vehicle.

Funds for this purchase are available in the current police department vehicle depreciation budget.

RECOMMENDATION: That the City Council authorize staff to locate and negotiate the Item No. 4.
purchase of one standardized police vehicle up to a cost not to exceed $78,000, plus tax, license, applicable fees, and 10% contingency, and upfiting with the necessary emergency
equipment.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, Interim City Manager
Item No. 5.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Consideration of FirstTwo Agency License
SOURCE: Police
COMMENT: The FirstTwo Application is a web-based application with 100% exclusivity to public safety. The application provides location-based situational intelligence for law enforcement and fire departments. FirstTwo provides real-time visual access to resolve identity information when location and surrounding assets are not well understood. This intelligence enables public safety users to search by address, name, and phone numbers. FirstTwo provides all-in-one pricing to include the following:
• Realtime GPS-based mapping
• Contact and identity information
• OSINT (Open-Source Intelligence) No CJI (Criminal Justice Information)
• Works on all devices; mobile, tablet, and desktop
• No setup required; (Porterville Communications Center is currently on a free trial with all features available to our agency)
• Ability to add agency-specific map layers
Currently, the only resources available to the Porterville Police Department are reverse 911, Google, and Parcel mapping. Reverse 911 is a two-decade-old outdated technology that uses landline numbers to find the location of a 911 caller. As there are only 27% of landlines in California, this resource will soon be obsolete. Additionally, resources like Google and county parcel maps are not updated regularly and oftentimes provide minimal information. This application allows users to find an address on the FirstTwo map or run a search by name. Users can also find a name by entering a phone number. The platform works on mobile phones, tablets, and desktop computers. It enables communications dispatchers or investigators to run public searches quickly on Facebook, LinkedIn, Twitter, and other forms of social media. Further, it allows communications dispatchers the ability to set up perimeters on a visual map and place each officer where they are located while on the incident.

Additionally, the application provides the ability to check nearby activity on social media that could potentially be related to a reported issue. This information is gathered from all public streams in our area on social media.

This technology is beneficial during major events such as a shooting or other significant incidents where the public may be posting to social media accounts.

It provides the potential to locate suspects, vehicles, or any additional Item No. 5.
information that the public posts. Investigators can also use the application for investigations to ascertain who has been associated with that address and be able to cross-reference associates for additional officer safety considerations.

Since FirstTwo has allowed the police department to demo the application for a no-cost trial period, our agency has been able to locate critical information by phone numbers, addresses, partial names, as well as social media. FirstTwo gives department staff the platform to see what is streaming in our area on social media platforms, which provides real-time information to assist in identifying a potential victim or suspect and improves overall public safety.

Being able to use the product has given staff the ability to know firsthand what a valuable resource the FirstTwo application is.

The total cost of the FirstTwo application for a 2-year term is $12,000.00.

CalOES has provided the Porterville Police Department with a commitment to fund the FirstTwo application with 9-1-1 Equipment and Services residual funding. We are requesting authorization to purchase the FirstTwo application, which will be evaluated before the end of year two.

Provided herein for Council's reference is the FirstTwo quote for a 2-year term, and the commitment to fund from CalOES.

RECOMMENDATION: That the City Council:

1. Authorize Department Staff to enter into a two-year contract with FirstTwo and;

2. Authorize payment in the amount of $12,000 which will be reimbursed by CalOES.

ATTACHMENTS: 1. Porterville PD_Quote_FirstTwo

2. CALOES Reimbursement
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, Interim City Manager

State of California, California 9-1-1 Emergency Communications Office (9-1-1 Office) COMMITMENT TO FUND 9-1-1 EQUIPMENT AND SERVICES
TD-288 (Rev. 12/06)
Public Agency: Porterville PD Contractor Name:

Address: 350 North D St. Mailing Address: 1 Blackfield Dr., #242 City, State, Zip: Porterville, CA 93257 City, State, Zip Tiburon, CA 94920 PSAP Manager: Robin Johnson Representative:

E-mail Address: [email protected] E-Mail Address: www.firsttwo.com Phone Number: (559) 782-7579 Phone Number: 888-934-7782 Fax Number: Fax Number:

Type of Funding Request:
( ) 9-1-1 Equipment ( ) 9-1-1 Network ( ) Training
( ) 9-1-1 Education ( ) County Coordinator Expense ( ) 7-Digit Phone Lines ( ) Maintenance ( X ) Other: CPE Funding - Residual
Quantity Service/ Eqmt.

ID# Unit Cost Installation Monthly Cost
Total Recurring
Cost
Total NonRecurring Cost
1 $ 12,000.00 $12,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
- -
-
-
-
-
-
- 12,000.00
TD-288 expiration date: Fiscal Year: 2023/24
All invoices shall refer to tracking number: 25861 Account Name: 5403 / 702.12 APPROVED BY Date
QUOTE#1584
FirstTwo Full Agency
License; Size of 61-80
Description

RECOMMENDED FOR APPROVAL BY
2-Year Term:
7/14/2023 - 7/13/2025
INC: Support & Training

SHIPPING/FREIGHT
Theresa Fryer Janee Dabrowski

TOTAL APPROVED
Telephone Number
(916) 894-5020
FirstTwo
This Form To Be Completed By The State 9-1-1 Office Only The State of California's monetary obligation under this agreement in subsequent fiscal years is subject to, and contingent upon, availability of funds in the State Emergency Telephone Account. Please be advised that this commitment to fund does not constitute a binding purchase order agreement.

INC: 3rd-Party Integrations
(where applicable)
N/A
INC: Unlimited Layers
$12,000.00
Subtotal
Tax and Surcharge
Description of Equipment and Services to be funded: FirstTwo to provide deliverables to Porterville PD per Quote#1584.

INVOICING: PSAP to pay vendor direct then seek reimbursement from the CA911 Branch in arrears; submit the TD290- Reimbursement Claim form with copy of vendor invoice and agency proof-of-payment (copy of canceled check and/or copy of . PYMT ROUTE: PSAP REIMBURSEMENT
Purchase/Service Information: Include equipment or service description, quantity, part number, unit cost, installation cost, monthly cost, tax and total cost. Attach contractors quote or PSAP purchase order, where applicable.

INC: limited Users,
Searches & Devices
Item No. 6.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Authorization to Repair Westwood Estates Wall
SOURCE: Parks and Leisure Services
COMMENT: Westwood Estates is within Landscape and Lighting Maintenance District (LLMD) No. 1. Within this LLMD is a block wall that spans the entire perimeter of the LLMD along Westwood Street and Henderson Avenue. On the evening of December 21, 2023, an out of control vehicle crashed into the wall on Westwood Street just north of Morton Avenue, causing damage. The damage requires an approximate 30' x 6' section of the block wall to be repaired, along with construction of a river rock post. Due to the insignificant size of this project, the City was only able to receive two quotes from the four that were solicited. The received quotes were as follows:

Advanced Concrete $7,000
First Call Masonry $7,000
Advanced Concrete has performed many recent projects for the City including within LLMD's, and is the recommended company to perform the wall repair.

Funding for this repair will come from the Landscape and Lighting Maintenance District No. 1, which includes Westwood Estates. City staff will be seeking restitution from the offender. Any funding received from these efforts will go back into the LLMD District No. 1 account.

RECOMMENDATION: That the City Council authorize the repair of the Westwood Estates block wall by Advanced Concrete for an amount not to exceed $7,700 which includes a ten (10) percent contingency.

ATTACHMENTS: 1. Repair Quotes

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, Interim City Manager

Item No. 7.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Authorization to Repair Police Department HVAC Unit SOURCE: Parks and Leisure Services
COMMENT: The main heating, ventilation, and air conditioning (HVAC) unit at the Police Department is not functioning properly. HVAC's regulate and move heated and cooled air throughout a building. The Police Department's boiler is extremely old, has a water line leak, and needs replacing. A boiler is a part of the HVAC unit that operates by heating water within a vessel. This heated water is then sent through a system of radiators placed throughout a building to provide indoor heating. The City purchased the current HVAC unit from, and entered into a service agreement with, Johnson Controls in 2009. Funding for this repair is proposed to be paid from the General Fund Facility Deferred Maintenance / Equipment Replacement Designated Fund.

RECOMMENDATION: That the City Council:

1.Adopt the draft Resolution authorizing the appropriation not to exceed $6,455.77 from the General Fund Facility Deferred Maintenance / Equipment Replacement Designated Fund for the repair of the Police Department HVAC unit; and

2. Approve the repair of the Police Department HVAC unit from Johnson Controls for $6,455.77, which includes ten (10) percent contingency.

ATTACHMENTS: 1. Johnson Controls HVAC Repair

2. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, Interim City Manager

RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE FACILITY

DEFERRED MAINTENANCE / EQUIPMENT REPLACEMENT DESIGNATED FUND

FOR THE REPAIR OF THE POLICE DEPARTMENT HVAC UNIT
WHEREAS: The City of Porterville purchased an HVAC unit from Johnson Controls in 2009 for the Porterville Police Department;
WHEREAS: In December 2023, the HVAC unit began malfunctioning and is now in need of replacement;
WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the exclusive purpose of providing funds to support one-time City facility deferred maintenance and / or equipment replacement costs.

NOW, THEREFORE, BE IT RESOLVED:

1. That the City Council of the City of Porterville make a finding that the repair of the Police Department HVAC unit is within the intent and purpose of the Facility Deferred Maintenance / Equipment Replacement Designated Fund; and

2. That the City Council of the City of Porterville does hereby approve and authorize the appropriation not to exceed $6,455.77 from the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the immediate repair of the Police Department HVAC unit.

PASSED, APPROVED AND ADOPTED this 16th day of January, 2024. _____________________________
Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: _____________________________________
Fernando Gabriel-Moraga, Deputy City Clerk
Item No. 8.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Authorization to Advertise for Bids - Phase 2 of Well No. 34 Project (Pumping Plant)
SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for phase 2 of the Well No. 34 Project (Pumping Plant). The well is located north of the Porter Slough to the west of the Windsor Court Subdivision. This well was drilled as a required part of the consolidation of the Central Mutual Company to meet water quality requirements and system demands. This is the second phase of the well project and consists of the installation of a 250 HP pump, electrical system, aboveground discharge piping, updated SCADA system, and other items of work necessary to provide a complete pumping plant.

The City consultant, Dee Jaspar & Associates, has prepared the Estimate of Probable Cost and the amount is $2,609,475. An additional $260,947 is necessary for construction contingency (10%). It is anticipated that an additional $260,947 is required for construction management, quality control, and construction surveying for a total of $3,131,369. Construction management is to be provided by Dee Jaspar & Associates as they did the design for the project and are familiar with the City's water system and well implementation; Dee Jaspar & Associates is listed on the City's On-Call Engineering and Surveying Services Consultant List, adopted by MO 04-041922. The agreedupon price for their work is $139,218 and this amount is included in the previously detailed totals.

Funding is provided by reimbursement of the State Water Resources Control Board and the funding agreement was approved by Council on June 1, 2021.

RECOMMENDATION: That the City Council:

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

2. Authorize the Engineering & Project Management Director to execute the agreement for construction management services with Dee Jaspar & Associates for a not to exceed amount of $139,218; and

3. Authorize staff to advertise for bids on the project.

ATTACHMENTS: 1. Engineer's Estimate of Probable Cost

2. Locator Map
Appropriated/Funded:

Item No. 8.

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, Interim City Manager
DEE JASPAR & ASSOCIATES, INC.

CONSULTING CIVIL ENGINEERS
2730 Unicorn Road, Bldg. A
Bakersfield, CA 93308
PHONE (661) 393-4796
FAX (661) 393-4799
August 15, 2023
City of Porterville
Equipping of a Municipal Water Well
Well No. 34
Engineer's Cost Estimate
Item Item Description Quant
ity Unit Unit Price Amount
1 Mobilization, Demobilization, Clean-up 1 LS $132,000.00 $132,000.00 2 Site Earthwork 1 LS $55,000.00 $55,000.00
3 Concrete Pump Foundation for Deep Well 1 LS $13,750.00 $13,750.00 4 Vertical Hollow Shaft Electric Motor 1 LS $66,000.00 $66,000.00 5 Deep Well Vertical Turbine Pump Assembly, Discharge Column, and Pump Head 1 LS $137,500.00 $137,500.00
6 Well Discharge Piping and Appurtenances 1 LS $148,500.00 $148,500.00 7 Hydropneumatic Tank and Appurtenances Including Concrete Foundations 1 LS $121,000.00 $121,000.00
8 Well Conveyance Piping and Appurtenances 385 LF $220.00 $84,700.00 9 Porter Slough Overcrossing Piping and Appurtenances 1 LS $55,000.00 $55,000.00 10 Site Drain Piping and Appurtenances 190 LF $247.50 $47,025.00 11 Concrete Foundations for Electrical Equipment, Generator, and VFD Building 1 LS $55,000.00 $55,000.00
12 VFD Building 1 LS $55,000.00 $55,000.00
13 Electrical Equipment Shade Structure 1 LS $66,000.00 $66,000.00 14 3/4" Gravel Rock Site Ground Cover 1 LS $44,000.00 $44,000.00 15 Chain Link Fencing and Gates 1 LS $22,000.00 $22,000.00 16 Painting System 1 LS $49,500.00 $49,500.00
17 On-Site Sodium Hypochlorite Generation System 1 LS $275,000.00 $275,000.00 18 Chlorine Building with Concrete Foundation 1 LS $99,000.00 $99,000.00 19 Standby Diesel Generator Set and Appurtenances 1 LS $275,000.00 $275,000.00 20 Electrical and Controls 1 LS $495,000.00 $495,000.00 21 Install SCE Primary Conduit and Appurtenances 1 LS $93,500.00 $93,500.00 22 PLC Control Panel & SCADA Programming 1 LS $220,000.00 $220,000.00 Total $2,609,475
SECTION 33, T21S, R27E, M.D.B.&M
PROJECT NO. _____________ CITY WELL NO. 34 EQUIPPING OF A MUNICIPAL WATER WELL CITY OF PORTERVILLE TULARE COUNTY, CA JANUARY 5, 2024 VICINITY MAP NOT TO SCALE HENDERSON AVE.

WESTWOOD ST. PROPOSED PIPELINE FRIANT-KERN CANAL
REDONDO ST.

PORTER SLOUGH COUNTY STORM DRAIN RETENTION BASIN WESTFIELD AVE. PROJECT SITE Item No. 9.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Award of Contract - Airport Architectural/Engineering Consultant Services Agreement
SOURCE: Finance
COMMENT: The Federal Aviation Administration (FAA) requires agencies to select an "Engineer of Record" in compliance with Advisory Circular 150/5100-14E, for all capital improvements funded by the FAA. In accordance with FAA requirements, staff solicited Statements of Qualifications from qualified individuals or firms to provide architectural / engineering consultant services for the design and construction administration / inspection of airport projects.

The Consultant Service Agreement, if awarded, will include special studies and analyses to determine project feasibility and scope, design services, including the preparation of an Engineer's Report and construction engineering and contract administration for the various capital improvement projects for the Porterville Municipal Airport according to FAA standards.

Staff received 2 proposals in response to the City's solicitation. The selection committee reviewed, evaluated and rated both firms in accordance with a list of selection criteria. Based on information provided, the committee concluded that the submitted statements presented an adequate portrayal of the expertise, experience and capabilities of each firm and scored the proposals as follows:

Tartaglia Engineering (Atascadero, CA) 90.8
Brandley Engineering (Loomis, CA) 90.6
Tartaglia Engineering is currently the City's Airport Consultant. They are at present managing the rehabilitation and reconfiguration of the parallel and connecting taxiways construction project at the Airport. Staff is pleased with Tartaglia Engineering's past efforts and understanding of FAA rules and requirements.

The consultant's fee will be determined by the individual projects or scopespecific authorization of services and will be funded by a combination of FAA grants, State grants and Airport funds.

RECOMMENDATION: That the City Council:

1. Award the Airport Consultant Service Agreement to Tartaglia Engineering and authorize the Mayor to execute the Master Service Agreement.

Item No. 9.

2. Authorize Staff to negotiate project specific Authorization of Services (AOS) in accordance with FAA grant requirements.

ATTACHMENTS: 1. MSA 2024

2. MSA Exhibit A.1

3. MSA Exhibit B.1
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: Patrice Hildreth, Interim City Manager
AGREEMENT: Page 1 of 6

MASTER SERVICE AGREEMENT (MSA)

PORTERVILLE MUNICIPAL AIRPORT IMPROVEMENTS
THIS AGREEMENT, entered into this day of , 2024, by and between the City of Porterville, hereinafter referred to as “City,” and Tartaglia Engineering, a California sole proprietorship (John A. Smith dba Tartaglia Engineering) hereinafter referred to as “Engineer.”

WITNESSETH
WHEREAS, City is authorized and empowered to employ engineering consultants and specialists in the performance of its duties and functions; and
WHEREAS, based on the successful completion of the Consultant Selection Process in accordance with FAA requirements and guidelines, City is authorized to employ an engineering consultant for a period of up to five years from the date of this agreement; and
WHEREAS, City, through this MSA, has the desire to secure one firm for the duration of this agreement through multiple Authorizations of Service (AOS), with each AOS being project specific; and WHEREAS, Engineer represents it is qualified and willing to provide such services pursuant to terms and conditions of this Agreement:

NOW, THEREFORE, BE IT AGREED, by and between City and Engineer as follows:

I. AUTHORIZATION OF SERVICE (AOS)
A. Engineer agrees to prepare and provide AOS documentation when requested by City.

B. Each AOS will include the following exhibits, at a minimum:

Exhibit A: A detailed scope of the proposed project or undertaking, jointly prepared by and agreed upon by Engineer and City representatives.

Exhibit B: A detailed scope of services prepared by Engineer reflecting all tasks necessary to complete the project or undertaking.

Exhibit C. A detailed cost breakdown reflecting Engineer’s individual fee to perform all tasks, and the total, not-to-exceed amount for all contracted services.

Exhibit D. A fee schedule reflecting the unit costs for services, supplies, and incidentals and sufficient additional information for City to perform an Independent Cost Estimate (ICE) for the work, consistent with the requirements of FAA Advisory Circular 150/5100-14E, Change 1, Architectural, Engineering, and Planning Consultant Services for Airport Grants Projects.

Exhibit E. A proposed project schedule and identified Time for Performance.

AGREEMENT: Page 2 of 6
Exhibit F. A list of professional sub-consultants Engineer intends on using in the completion of all tasks.

C. All consulting work will be AOS specific.

D. Multiple AOS’s can be initiated throughout the duration of this MSA, concurrent or sequential.

E. The Engineer agrees to perform all work necessary to complete in a manner satisfactory to City those tasks described in the Exhibit “B” of each AOS, attached hereto and incorporated herein by this reference as if set forth in full.

F. Incidental work related to any project not provided for in Exhibit “B” of any AOS may be needed during the performance of this Agreement. Engineer agrees to provide any and all additional services as authorized by City, at the rates identified in attached Exhibit “D,” Fee Schedule.

No additional services shall be rendered by Engineer under any AOS unless Engineer, prior to performance of said services, advised City of the additional work in writing and said services shall first be authorized in writing by City. The return to Engineer of a signed copy of said change order shall constitute approval by City for the performance of such additional services.

II. TIME SCHEDULE
Phase One as described in Exhibit “A” of each AOS shall commence immediately upon execution of this Agreement.

Phase Two services as described in Exhibit “B” of each AOS shall not commence until such time as City shall determine that the Project shall proceed to said Phase and shall so notify Engineer in writing.

Exhibit “E” shall include an overall time for performance for each AOS.

III. COMPENSATION
A. TOTAL COMPENSATION
For services performed pursuant to this Agreement and each AOS, City agrees to pay and Engineer agrees to accept, as payment in full, a total not-to-exceed sum amount identified in Exhibit “C” of each AOS. The compensation for the project is further identified in Exhibit “C” attached hereto.

B. PAYMENT OF MONTHLY COMPENSATION
Engineer shall be reimbursed monthly no later than twenty (20) days following submission of a written, verified billing to City. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

IV. STANDARD PRACTICES
AGREEMENT: Page 3 of 6
Engineer shall ascertain the standard practices of the Federal Aviation Administration (FAA) and City and any other affected agencies and shall utilize the said practices throughout this project.

V. TERMINATION
This MSA and any individual AOS may be terminated by City at any time by written notice to Engineer. However, City shall be obligated to compensate Engineer for all work that has been accomplished until receipt of such written notice. Engineer shall be required to deliver copies of all finished and unfinished documents prepared for the project as requested by City.

VI. OWNERSHIP OF DOCUMENTS
It is agreed and understood that all original documents; such as, tracings, plans, specifications, maps, basic survey notes and sketches, charts, computations, and other data prepared or obtained under the terms of this Agreement, are the property of the City of Porterville.

All plans and specifications shall be computer generated, with electronic files made available to City. City shall refrain from performing any revisions, alterations, changes, or modifications to electronic files prepared and provided by Engineer, without prior authorization from Engineer.

Engineer agrees that all records and documents as required herein will be retained and made available upon request to representatives of the City, the FAA and the Comptroller General of the United States for a minimum period of three years following completion of this Agreement or receipt of final payment, whichever is later.

VII. SUBCONTRACTING
Exhibit “F” of each AOS shall identify subconsultants designated to support the work of the Engineer in completing the tasks of each AOS. The exhibit shall identify the scope of services to be provided by each subconsultant, the name and office location of the subconsultant, and the subconsultants primary point of contact. Other than subconsultants identified in Exhibit “F” of each AOS, Engineer shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without prior written approval of City.

VIII. SUCCESSORS AND ASSIGNS
This MSA and each AOS shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties. Engineer shall not assign, delegate or transfer the rights and duties under this Agreement or any part thereof, without the prior written consent of City.

IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, Engineer shall be, and is, an independent contractor and is not an agent or employee of City. Engineer has and shall retain the right to exercise full control and supervision of all persons assisting the Engineer in the performance of AGREEMENT: Page 4 of 6
said services hereunder. Engineer shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security and income tax withholding and all other regulations governing such matters.

X. DISPUTE
Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California. This Agreement is deemed executed and performed in Tulare County, California. In the event legal action is filed, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs, including expert witness fees.

XI. INSURANCE AND INDEMNIFCATION REQUIREMENTS
A. With respect to performance of work under this Agreement, Engineer shall maintain insurance as described below:

1. Workers’ compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident.

2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.

3. Commercial automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.

4. Professional liability insurance (errors and omissions) with not less than Two Million Dollars ($2,000,000) in coverage.

B. As respects acts, errors or omissions in the performance of professional services, Engineer agrees to indemnify and hold harmless City, its officers, employees, and City designated volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of Engineer's negligent acts, errors or omissions in the performance of his/her professional services under the terms of this contract.

As respects all acts or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Engineer agrees to indemnify, defend (at City's option), and hold harmless City, its employees, agents, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature caused in whole or in part by any negligent act or omission of the Engineer, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City.

C. Upon City's request, Engineer shall deliver to City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of City's request, Engineer shall provide to City endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by City, it shall be Engineer's AGREEMENT: Page 5 of 6
responsibility to see that City receives documentation acceptable to City which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. Also, City has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

D. In addition to any other remedies City may have if Engineer fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at is sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

2. Order Engineer to stop work under this Agreement and/or withhold any payment(s) which become due to Engineer hereunder until Engineer demonstrates compliance with the requirements hereof.

3. Terminate this Agreement.

E. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Engineer's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Engineer may be held responsible for payments of damages to persons or property resulting from Engineer or its subcontractor's performance of the work covered under this Agreement.

XII. COVENANT AGAINST CONTINGENT FEES
Engineer hereby certifies, as expressed by the Certification of the Engineer attached hereto and marked Exhibit “MSA-A,” that it retains no person to solicit work on a contingent fee basis and that only full-time, permanent employees of Tartaglia Engineering solicit work for the firm.

XIII. FEDERAL AVIATION ADMINISTRATION (FAA)

ENGINEERING CONSULTANT CONTRACTUAL REQUIREMENTS
Federal Aviation Administration Engineering Consultant Contractual Requirements, hereinafter referred to as “FAA Requirements,” set forth requirements relative to Federally-assisted programs of the Department of Transportation.

The FAA Requirements are attached to this Agreement as Exhibit “MSA-B” and are incorporated by this reference and made a part of this Agreement.

XIV. EXTENT OF AGREEMENT
This Agreement, together with Exhibits “MSA-A”, “MSA-B”, and Exhibits “A,” “B,” “C,” “D,” “E,” and “F”, of each OAS constitute the entire Agreement between City and Engineer and supersedes all prior written or oral understandings. This Agreement and said attachments may be amended, supplemented, modified or canceled only by a duly written instrument.

AGREEMENT: Page 6 of 6
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF PORTERVILLE

TARTAGLIA

ENGINEERING

__________________________
__
Mayor
John A. Smith
Principal
ATTEST:

City Clerk
MSA-A: Page 1 of 1
EXHIBIT "MSA-A"

AIRPORT IMPROVEMENT PROGRAM PROJECTS
3-06-0190

STATE OF CALIFORNIA

CERTIFICATION OF ENGINEER
I hereby certify that I am the Owner and duly authorized representative of the firm Tartaglia Engineering, Civil Engineers, whose address is 359 Front Street, Suite E, Grover Beach, CA, and that neither I, nor the above firm I here represent, has:

A. Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract; B. Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; or C. Paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the contract, except as here expressly stated (if any):

I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Transportation, in connection with this contract involving participation of Airport Improvement Program (AIP) funds, and is subject to applicable State and Federal laws, both criminal and civil.
____________________ ______________________________
Date John A. Smith, P.E., Owner
MSA-B: Page 1 of 2
EXHIBIT "MSA-B"

FAA CONSULTANT CONTRACTUAL REQUIREMENTS

TITLE VI ASSURANCES
During the performance of this contract, the Consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agree as follows:

1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and Regulations relative to nondiscrimination on the grounds of race, color or national origin.

4. Information and Reports. The contractor shall provide all information and reports required by Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including but not limited to:
a. withholding of payments to the contractor under the contract until the contractor complies, and/or
MSA-B: Page 2 of 2
b. cancellation, termination or suspension of the contract, in whole or in part.

6. Incorporation of Provisions. The contractor shall include the provisions of Paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES

1. Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises, as defined in 49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement.

2. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 26, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT-assisted contracts.

Item No. 10.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Acceptance of Project - Island Annexation Area 475 Sewer Project SOURCE: Engineering and Project Management
COMMENT: Todd Companies has completed the Island Annexation Area 475 Sewer Project per plans and specifications. The project consisted of the installation of 7,550 lineal feet (1.43 miles) of 8" and 6" diameter sewer mains, twenty-six (26) manholes, and 102 sewer laterals.

Staff tracks construction costs of all Capital Improvement Projects and reports project construction expenditures when the project is accepted by the City Council. At its meeting on May 17, 2022, the Council authorized an expenditure of $2,058,000 for construction, construction management, quality control, and inspection services for the project. The following itemizes the construction-related costs in two categories: 1) the construction contract, and 2) a combination of construction management and quality control.

1. Final Construction Cost $1,884,148.28

2. Construction management, quality control, and inspection service costs are $171,926.89
Total project construction costs equate to $2,056,075.17, which is less than the $2,058,000 overall budget approved by Council at the time of award. The funding sources for this project are proceeds from the issuance of the 2019 Sewer Revenue Bonds, better known to staff as Certificates of Participation (COP) funds and the Sewer Revolving Fund.

Todd Companies requests that the Council accept the project as complete. Staff reviewed the work and found it acceptable.

RECOMMENDATION: That City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Item No. 10.

Final Approver: Patrice Hildreth, Interim City Manager
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Item No. 11.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Acceptance of Project - Island Annexation Area 479 Sewer Project SOURCE: Engineering and Project Management
COMMENT: 99 Pipeline has completed the Island Annexation Area 479 Sewer Project per plans and specifications. The project consisted of the installation of 9,273 lineal feet (1.76 miles) of 8" and 6" diameter sewer mains, thirty-four (34) manholes, and 202 sewer laterals.

Staff tracks construction costs of all Capital Improvement Projects and reports project construction expenditures when the project is accepted by the City Council. At its meeting on April 5, 2022, the Council authorized an expenditure of $2,547,613 for construction, construction management, quality control, and inspection services for the project. The following itemizes the constructionrelated costs in two categories: 1) the construction contract, and 2) a combination of construction management and quality control.

1. Final Construction Cost $2,335,823.22

2. Construction management, quality control, and inspection service costs are $207,915.17
Total project construction costs equate to $2,543,738.39, which is less than the $2,547,613 overall budget approved by Council at the time of award. The funding sources for this project are proceeds from the issuance of the 2019 Sewer Revenue Bonds, better known to staff as Certificates of Participation (COP) funds and the Sewer Revolving Fund.
99 Pipeline requests that the Council accept the project as complete. Staff reviewed the work and found it acceptable.

RECOMMENDATION: That City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Item No. 11.

Final Approver: Patrice Hildreth, Interim City Manager

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 479A

SUBJECT

LOCATIONS BEVERLY ST

W OLIVE AVE S NEWCOMB ST
W ROBY AVE S PROSPECT ST STATE HIGHWAY 65 S COBB ST
LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN
Item No. 12.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Authorization to Extend Reclamation Area Lease Agreement SOURCE: Public Works
COMMENT: On November 1, 2019, the City of Porterville entered into a farm lease agreement with Rick Perigo Roadsiding which is set to expire on October 31, 2024. Rick Perigo Roadsiding has provided excellent management of the reclamation area and has worked with the City to develop previous Biosolids Management Plans (BMP) and crop schedules. The BMP is the basis of calculating the nitrogen balance between recycled water and biosolids applications to the reclamation area. A new BMP must be developed and implemented to coincide with the farm lease extension through October 31, 2029, to ensure recycled water and biosolids are applied at agronomic rates.

Extending the lease at this time will provide sufficient time to develop the new BMP.

The farm lease agreement is for the management of 617.15 acres of farmland located in the wastewater reclamation area. Amendment No.5 to the lease agreement was approved by the City Council on December 19, 2023. It provides compensation for the reduction of effluent available for irrigation upon the construction of the .308 MGD tertiary water system facility. A compensation of 43.79 acres was approved which reduces the total gross acres available to irrigate to 573.36 acres.

The current lease agreement provides for a five (5) year extension option upon mutual agreement between the Lessee and Lessor. At the request of the Lessor, staff is seeking authorization to extend the reclamation lease agreement with Rick Perigo Roadsiding. The lease extension will secure Rick Perigo Roadsiding as the reclamation area manager through October 31, 2029.

RECOMMENDATION: That City Council:

1. Authorize the extension of the Reclamation Area Lease Agreement with Rick Perigo Roadsiding for the management of 617.15 acres with a 43.79 acre compensation at $165 per acre for an annual sum of $94,604.40; and

2. Authorize the Mayor to sign the 5-year Lease Extension Agreement with Rick Perigo Roadsiding, which will expire on October 31, 2029.

ATTACHMENTS: 1. Draft 2024 Reclamation Area Lease Agreement

2. Exhibit A&B
Item No. 12.

3. Exhibit C
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Interim City Manager
City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024
THIS AGREEMENT, is executed in Porterville, California, on November 1, 2024, (herein after “Execution Date”) by and between the City of Porterville, (hereinafter “Lessor”), and Perigo Roadsiding, (hereinafter “Lessee”).

WITNESSETH:

WHEREAS:
l. THE CITY Reclamation Area Lease Agreement and ensuing amendments thereto expire October 31, 2029.

2. THE CITY Reclamation Area Lease Agreement and ensuing amendments thereto allowed parties to farm Reclamation Area property for the specific purpose of dispersing effluent from THE CITY wastewater operations to irrigate crops not used for human consumption; and

3. Lessee has acknowledged it is capable of such farming and operational management of the Reclamation Area, and dispersion of effluent on the City land; or contracted land.

4. THE CITY desires to contract with Lessee for these purposes.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
l. Premises

1.1. The Premises is defined as the area leased to Lessee for the purposes of this Agreement and further described in Provisions herein below.

1.2. The Premises is described as "The Reclamation Area" on Exhibit A and includes:

1.2.1. Parcel 1: APN 302480001 Airport Property

1.2.2. Parcel 2: APN 302110059 City Lease Purchase East

1.2.3. Parce1 3: APN 302100015 City Lease Purchase West

1.2.4. Parcel 4: APN 302130028 City Property

1.2.5. Parce1 5: APN 302130008 Underhill West

1.2.6. Parcel 6: APN 302130007 Underhill East

1.2.7. Parcel 7: APN 302130019 Hunsaker West

1.2.8. Parcel 8: APN 302130021 Hunsaker East

1.3. For operational purposes, Exhibit B divides the Premises into portions identified as Field Numbers 5N, 5S, 7; 8; 9; 27; 28A, B &C; 29; 30N; 30S; 31; 32N; 32S; 33; 34; 46A, B &C; 160A, B, C, & D.

1.4. Exhibit A and B are attached hereto and by this reference incorporated herein.

1.5. The City makes no covenants or warranties regarding the condition of the Premises, the soils thereon, the effluent, or the improvements and appurtenances thereto.

1.6. Lessee has inspected the Premises and improvements thereon, knows the extent and condition thereof, and accepts the same in their present condition, including all defects, latent and/or patent.

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

1.7. The City shall have the right to reduce or expand the acreage of the Premises and remove or add to this area for Lessee's use.

1.7.1. At least 90 days prior to reduction or enlargement of the lease area, the City shall provide Lessee written notice stating:

1.7.1.1. The effective date of the reduced or enlarged area.

1.7.1.2. A description and drawing that identifies the reduced or enlarged area and remaining lease area.

1.7.1.3. A revised rental rate to begin the effective date.

1.7.1.4. A request to meet with Lessee to provide additional information.

1.7.2. Lessee shall have 60 days from the date of the City's written notice to terminate this Agreement by providing written notice to the City and if so terminated:

1.7.2.1. Lessee's date of termination shall be the same as the effective date.

1.7.2.2. Lessee shall have the right to harvest existing crops within the Premises through the 90 days to the effective date of the notice to terminate.

1.7.2.3. Lessee shall be required to pay the rent due within the 90 day period in the manner described in Paragraph 5 herein below but said payment shall be prorated for the number of days after that last rent payment (either July 1st or January 1st) to the effective date of termination.

1.7.2.4. Upon such early termination, the City shall pay to Lessee, or credit Lessee's last rent payment, the market value of any improvements made or put upon said premises by the Lessee in accordance with Section 68 of the City Charter.

2. Off-Premises and Easement Areas

2.1. Lessor shall permit Lessee the non-exclusive right to use existing roads on Section lines and quarter Section lines on the Premises.

2.1.1. Lessor and Lessor's easement holders and invitees may also use said roads for vehicular traffic.

2.1.2. Lessee shall not remove said roads and shall keep said roads open and maintained to allow two-wheel drive travel.

2.2. Lessee is aware that various easements cross the Premises and that from time to time easement holders have the right to enter the Premises, conduct their operations, and may temporarily hinder Lessee's operations.

2.3. Lessee has inspected the farm connection road, dirt roads, easement areas, and other off Premises areas that Lessee may use or benefit from, knows the extent and condition thereof, and accepts same in their present condition, including all defects, latent and/or patent.

3. Purpose

3.1 The purpose of this Agreement is for Lessee to reuse and disperse the wastewater from the City exclusively on the Premises in order to irrigate and farm the Premises.

3.1.1 The City effluent is controlled by the California Region Water Quality Control Board (CRWQCB) Waste Discharge Requirements (R5-2008-0034).

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

3.1.2 Lessee shall not farm or grow crops to be used for human consumption.

3.1.3 No grazing of cows shall be permitted on the Premises.

3.2 Lessee shall not use the Premises or effluent for any other purposes, except as provided elsewhere in this Agreement.

4. Term

4.1. The term hereof shall commence on November 1, 2024, or as soon as the prior lessee has been vacated from the Premises, and terminate on October, 31 2029.

4.1.1. Upon mutual agreement between Lessee and Lessor, Reclamation Lease Agreement may be extended for five (5) years.

4.2.Early termination of the Agreement may be instituted by:

4.2.1. Lessee, by providing to the City written notice at least 90 days prior to the new date of termination.

4.2.1.1. In such case, Lessee shall pay to the City rent for the remaining 90 days.

4.2.1.2. Lessee shall continue to farm and disperse effluent and abide by the terms as stated in this Agreement through the noticed date of termination.

4.2.2. The City, by providing to Lessee written notice 30 days prior to the new date of termination if:

4.2.2.1. Lessee has demonstrated reckless or dangerous operations on the Premises and has not corrected those operations immediately upon written notice by the City, or.

4.2.2.2. Lessee assigns or sublets any portion of the Premises without written permission by the City.

4.2.3. The City, by providing to Lessee written notice at least 90 days prior to the new date of termination.

4.2.3.1. Upon such early termination, the City shall pay to Lessee, or credit Lessee's last rent payment, the market value of any improvements made or put upon said premises by the Lessee in accordance with Section 68 of the City Charter.

4.2.3.2. After the new termination date described in the 90-day notice, Lessee understands that the City will not be required to recompense Lessee for any losses of income or damages incurred by Lessee in such instance.

4.2.4 Mutual written agreement of both parties.

5. Rent and Payment Requirements

5.1. Beginning December 1, 2024, Lessee shall pay to the City, in lawful money of the United States, an annual rental in the amount of $94,604.40 for the management of 617.15 acres with a compensation of 43.79 acres which reduces the irrigatable acreage to 573.36 acres based on $165.00 per acre for Lessee's use of the Premises and effluent water.

5.1.1. At least fifty percent (50%) of the annual rental amount shall be paid prior to July 31 of each year. This includes a full fifty percent (50%) of the annual rental amount on July 31 of the final year of the agreement.

5.1.2. The remainder of the annual rent, to equal 100%, shall be paid prior to December 3 1 of each year, except the final year of the agreement when the agreement will expire on October 31.

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

5.1.3. Payments later than 7/31 and 12/31, respectively, shall be assessed a late fee of one half of one percent (.005 time 50% of the annual rent) per day through the day the required payment is made.

5.1.4. Upon the commencement of the .308 MGD tertiary water treatment facility (TWSF) the gross irrigated lands will be reduced by the operation of the TWSF. The Lessee shall be compensated for the reduction of effluent available to irrigate the gross irrigated acres by the following formula:

X = Reduction of acres

5.1.4.1 The calculated reduction of acres (Section 5.1.4) will be deducted from the gross irrigated acres (Section 5.1) and the new annual rental payment will be calculated as follows: Total gross acres x $165 per acre.

5.1.4.2 An amendment to the Agreement will be required for any addition or reduction to the total gross acreage.

5.1.4.3 Upon future construction of a recycled water facility or facilities, the credit and new annual payment will be calculated using the formula in Section 5.1.4.

5.2. Rent shall be paid by check made out to City of Porterville and mailed or delivered in person to the City of Porterville, 291 Main Street, Porterville, CA 93257.

5.3. As security for this Lease, Lessee must provide an Irrevocable Letter of Credit, equal to 6 months' rent, as shown on Exhibit C which is attached hereto and by this reference incorporated.

5.4. The cost of work or improvements done by Lessee outside the scope of Paragraph 8, may only be deducted from the next scheduled payment if:

5.4.1. The work is performed at the request of the City;

5.4.2. The City has given prior written approval to a written estimate provided by Lessee for the not to exceed cost of work or improvements; and

5.4.3. Upon completion of the work or improvements, Lessee provides the City with an invoice of the final actual cost amounts, including units and cost per unit as appropriate.

5.4.4. Such work requested by the City may be subject to prevailing wages.

5.4.5. City to provide materials for projects that are to be considered improvements to the properties subject to the lease, unless mutually agreed otherwise.

6. Operations

6.1. Lessee shall conduct all operations according to good farm husbandry practices.

6.2. Lessee shall manage operations in compliance with all applicable federal, state, and county laws, regulations and ordinances, including local water board discharge requirements and the local air district rules.

Most recent 2 year average Annual Recycled Flow
effluent flow (MGD) = to TWSF (MGD)
Gross Irrigated acres (Section 5.1) X
City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

6.3. Lessee shall conduct operations in a business-like manner and not harm or degrade the City and its operations.

6.4. Lessee shall not do or permit any act or thing that constitutes a nuisance by the City either on or off the Premises.

6.4.1. Lessee shall take immediate action to correct any such nuisance discovered by Lessee or through notification by the City within three (3) days of discovery or notification.

6.4.2. Lessee shall promptly perform the correction efforts in a manner to prevent its reoccurrence.

6.5. Each year, upon notification by the City, Lessee agrees to meet with representatives of the City to discuss the operation of the farm and plans for the next calendar year and submit for approval a rolling 5-year cropping plan.

6.6. By the 10th of the applicable month, the Lessee shall provide monthly, quarterly, and annual (due January 10th) reports for each field on nitrogen applications and removal, water uses and crop data as required for the Waste Discharge Requirements (WDR) reporting.

7. Improvements

7.1. Lessor does not warrant or guarantee the safety, condition, or effectiveness of the improvements on the Premises.

7.2. Existing improvements owned by the City and available for use by the Lessee include:

7.2.1. Pressurized pipeline and appurtenances

7.2.2. Percolation Ponds and Fencing

7.2.3. Storage Yard

7.2.4. One-third (1/3) interest in an irrigation well (5N) with a 75 horsepower motor. Sun Pacific Farming owns a two-thirds (2/3) interest in irrigation well (5N).

7.2.5. One (1) extraction well (Hunsaker) with a 150 horsepower motor.

7.2.6. One (1) irrigation well without a pump and not connected to an irrigation system (Field 7)

7.3. Lessee with prior written approval from the City will meet with the lessor, to discuss the cost and expense, before altering, adding to, and replacing, removing, or demolishing any part of the improvement for or in conjunction with efficient and prudent farming operations and dispersal of effluent

7.3.1. Alterations include changes to the physical land such as removing, adding; or significantly changing ditches, embankments, ponds, and reservoirs as well as drilling and major trenching.

7.3.2. Additions include construction or installation of new buildings, structures, checks, weirs, levees, culverts, roads, head gates, wells, and fences.

7.3.3. Repairs and replacements include those for fences and above and underground pipes and valves and pumps.

7.3.4. Demolishment includes partial or entire destruction and/or removal of any improvements such as fences, posts, structures, etc. and Lessee understands that Lessee shall be solely responsible to properly remove and dispose of such demolished material
City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

7.4. Such alterations, additions, replacements, removals, or demolishment described or implied in Paragraph 7.3 hereinabove shall only occur after written approval is provided by the City for the specific action to be taken and Lessee has received all other approvals by any governing or regulatory body that exercise control for such changes.

8. Upkeep and Property Management

8.1. Lessee shall be responsible for the general upkeep and maintenance of the Premises.

Failure to maintain premises resulting in operational failure or damage to the premises will be corrected at the sole expense of the lessee and will perform all of its responsibilities set forth herein at its own expense unless otherwise noted.

8.2. STANDING WATER: Lessee shall grade, level, drain and otherwise maintain the Premises in a manner to level any low areas in order to prevent standing and stagnating water on the Premises.

8.3. STORM WATER: Lessee shall properly manage and/or dispose of any storm water entering the Premise.

8.4. TRASH: Lessee shall be responsible for regular and prudent trash, debris, weed, and brush removal from the Premises.

8.5. ROADS: Lessee shall maintain and keep all roads on the Premises, and the farm connection road stated in Paragraph 2 herein above, in good condition and repair and at proper elevation and compaction to limit erosion and provide reasonable two-wheel drive travel.

8.6. EARTHEN IMPROVEMENTS: Lessee shall maintain and keep in good condition and repair all ditches, sumps, ponds reservoirs, and embankments in order to keep the ditches, sumps, ponds, reservoirs, and embankments watertight. Failure to maintain premises resulting in operational failure or damage to the premises will be corrected at the sole expense of the lessee. If City forces are used to assist in correcting operational failure or damage (Effluent Spill) the City will be reimbursed by Lessee for all costs incurred to mitigate damages.

8.6.1. Lessee must keep effluent discharged within the designated disposal area at all times to comply with Standard Provisions A. 12 of WDR R-5-2008-0034.

8.6.2. Lessee must grade the reclamation area to prevent runoff onto adjacent properties not owned or controlled by the City to comply with Recycling Specifications D.4 of the WDR R-5-2008-0034.

8.6.3. Lessee must properly operate and maintain facilities and systems of treatment and control (irrigation valves) used to achieve compliance with the conditions of Provision H.5 of the WDR R-5-2008-0034.

8.7. WEEDS: Lessee shall remove weeds, trash, and debris from and near all ditches, sumps, ponds, reservoirs and embankments, roads, wells, pump stations, and irrigation structures.

8.8. EFFLUENT WATER DISTRIBUTION SYSTEM: Lessee shall at his expense, maintain and keep in good condition and repair existing aboveground and underground water distribution system, which includes pipelines, risers, and valves required for proper irrigation (See Exhibit C for definition of effluent distribution system. All other pipelines not shown on the exhibit shall be considered secondary irrigation distribution systems).

8.8.1. Prior to performing repairs, the lessee must have prior written approval from the City, Any repairs to distribution system must comply with current city codes.

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

8.8.2. Repairs exceeding $5,000 to the effluent distribution system, not including minor repairs to the irrigation system will be at Lessor expense.

8.8.3. The City may ask Lessee to perform major repairs on distribution and/or irrigation pipeline and compensate Lessee for work performed.

8.9. PUMP/MOTORS: At the discretion of Lessor, Lessee shall at his expense, maintain, repair, replace, or add pumps/motors used at the irrigation wells, tailwater sumps and elsewhere on the Premises after first receiving specific written approval from the City.

8.9.1. Prior to repair, replacement, or adding of pumps/motors lessee must have prior written approval from the City, Any repairs to pumping system must comply with current city codes.

8.10. RODENTS: Lessee shall make frequent and reasonable efforts to minimize ground squirrel population on the Premises.

8.11. FENCES AND GATES:

8.11.1. Lessee shall promptly maintain and repair all fences and gates on or that borders the Premises and shall hold the City free and harmless from any liability or loss sustained by Lessee due to trespassers on the Premises.

8.11.2. The City shall replace gates and any sections of fence it deems necessary.

8.12. NON-CROP AREAS

8.12.1. Lessee shall remove weeds, trash, and debris from and near Percolation Ponds.

8.12.2. Lessee shall maintain and keep in good condition and repair embankments in order to keep the sumps, ponds, and ditches watertight.

8.12.3. Lessee shall conduct farming and non-crop activities to comply with all air pollution control standards and to minimize dust.

9. Hazardous Waste and Chemicals

9.1. Lessee shall not use the Premises to dump gas, oils, dairy waste, chemicals or other hazardous waste and shall contact the City immediately if such a release occurs or is found.

9.1.1. Any such release shall be the sole responsibility of Lessee.

9.1.2. Lessee shall be responsible to clean up and cure such release in a timely manner.

9.2. Lessee shall only use chemicals that are reasonable and typically used for farming operations, weed control, and pest control.

10. Electricity

10.1 Lessor shall be responsible to pay utility costs for an extraction well (Hunsaker) from April through September. Lessee shall reimburse the Lessor for irrigation utility costs if extraction well (Hunsaker) is used from October — March.

10.2 Lessee shall be responsible for registering shared irrigation well (5N) for service, under Lessee's name, with Southern California Edison. Lessee is responsible for paying its share of utility costs. Lessee is responsible for contacting Sun Pacific Farming and forwarding utility costs for payment if irrigation well is used by Sun Pacific Farming.

10.3 Lessee shall be responsible for registering two (2) tailwater sump pumps on fields 160A and 9 under Lessee's name with Southern California Edison and paying all utility costs.

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

11. Water

11.1 Lessee shall control the flow, reuse, and dispersal of all effluent supplied by the City year round as surface water onto the Premises in a prudent and efficient manner to farm the Premises unless provided specific allowance by the City in writing to disperse a portion of the wastewater elsewhere.

11.1.1. Lessee understands that the City production of effluent may vary significantly but may produce peak flows up to 5 million gallons of effluent per day.

11.1.2. Notwithstanding Paragraph 11.1.1 hereinabove and Paragraph 5.1.4, Lessor expects the typical effluent produced on the Effective Date to be approximately

4.2 million gallons per day, based on the average daily flows from 2018-2022, although Lessor does not guarantee any specific amount of wastewater suitable for irrigation and shall not be liable for any damages to crops due to insufficient, excess, or oil or chemically contaminated wastewater.

11.1.3. Lessee agrees that the City may decrease or increase the gallons per day of effluent and also agrees to manage any such decreases and increases and to utilize all the effluent on the Premises.

11.2 As required by WDR, Lessee shall provide to the City a written report that shall identify the source of all water and the volume of water in acre-feet used on each field no later than the 10th calendar day of the following month.

11.2.1 Lessee may supplement the effluent with well water from the Premises or other water sources that have first been approved in writing by the City.

11.2.1.1 Lessee shall provide a written report that provides the amount of supplemental water (water not supplied by the City) used and dispersed by the Lessee on the Premises.

11.3 Water from existing or new wells on the Premises shall only be used on the Premises for the purposes of this Agreement and shall not be dispersed or sent off the Premises.

11.4 The City does not and shall not supply potable or drinking water to the Premises.

12. Crops

12.1. Lessee shall use the Premises and effluent to irrigate the farm, grow and harvest nonhuman consumable crops, and maintain an agronomic nitrogen balance with the effluent and bio-solids applied to the farmed area.

12.2. In the third quarter of each calendar year of this Agreement, Lessee shall, if notified by the City, meet with the City to discuss the operation of the farm for the next calendar year.

12.3. Lessee shall have the right to harvest all existing crops up to the date of expiration or termination of this Agreement and shall leave the Premises in good condition.

12.4. Lessee shall maintain all crops per the BMP and may not damage or plow under any crops at the end of the Lease Agreement.

12.5. If Lessee chooses to plant any crops that have registered seed agreements that extend past the term of the Lease Agreement, the seed registration must be transferred to the new Lessee without cost to the City or the new Lessee. Lessor shall bear no responsibility whatsoever for any obligations undertaken by Lessee under such agreements.

12.6. Lessor shall not be liable for any crop loss sustained by Lessee for any reason.

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

12.7. As required by the WDR, Lessee shall provide tissue analysis results and crop yield for each field to the City at Lessee's expense.

13. Biosolids Fertilizers and Soil Amendments

13.1. Lessee shall use biosolids and soil amendments on the Premises in accordance with good farming practices, and schedules provided.

13.2. Lessee shall not accept or allow any placement of bio-solids, sludge, septage, or similar materials on the Premises from parties other than Lessor and Lessee shall notify Lessor immediately of any unauthorized placement.

13.3. As required by the WDR, Lessee shall provide to the City a written report that states the pounds of nitrogen and any other materials applied to each field over the previous calendar year.

13.4. The five-year biosolids application and management plan shall be followed.

13.5. Any Amendment, requested by the lessee, to the biosolids management plan shall be submitted to the City in writing and must be approved by the city prior to October I of each year.

13.6. The Lessee will provide the City with all relevant information required verifying compliance with the approved plan for reporting to the governing agencies (CRWQCB and US EPA) by January 15 of each year.

13.7. As required by the WDR, Lessee shall provide the City with annual soil analysis results at Lessee's expense.

14. Percolation Ponds

14.1. The City-owned percolation ponds are to be operated and maintained at the lessee's expense.

14.2. The ponds are available for use by the Lessee at all times provided less than 50% of all effluent delivered annually to the reclamation area is percolated in the ponds.

14.3. The ponds shall not be operated in such a manner as to have, or threaten to have a negative impact upon the Teapot Dome landfill from rising groundwater levels.

14.4. The pond bottoms shall be kept open and free of weeds, algae, noxious odors, or other such nuisances.

14.5. Rodent control is the responsibility of the Lessee, in order to avoid breaching of levees and/or loss of the pond embankments.

14.6. Lessee must provide mosquito abatement in all pipes, ponds, and other collection areas of the percolation ponds.

14.7. As required by the WDR, Lessee shall provide to the City a written report that states the amount of effluent in acre-feet disbursed to the percolation ponds no later than the 1 0th calendar day of the following month.

15. Security

15.1. Lessor does not supply security for the Premises and Lessees operation thereon.

15.2. Lessor does not warrant that the fences and gates within or around the Premises will prevent trespassers.

15.3. Lessee shall keep all gates closed and locked when not in use during the day and closed and locked during the night.

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

16. Health and Notice

16.1. Lessee shall notify its employees, sub-contractors, and visitors to the Premises that the irrigation water used on the Premises is treated wastewater and is not to be used for drinking or other human consumption and to follow good hygiene practices.

16.2.This notification shall be documented and signed and dated by all Lessee's employees, subcontractors, and visitors to the Premises and such documentation shall be kept on file with Lessee and shall be presented to the City if requested.

16.3. Lessee shall provide for all employees who work at the Premises immunization in accordance with any requirements of the Tulare County Health Department.

16.4. Lessee shall comply with all rules and regulation regarding mosquito control on the Premises and shall bear any and all costs regarding mosquito abatement on the Premises.

17. Inspection and Testing

17.1. Lessee shall allow:

17.1.1. The City, the county of Tulare, the State of California, or any other regulatory agency to enter onto the Premises to visit the Premises and to perform any soil, air, water or other tests and samplings

17.1.1.1. Such testing shall be performed in a reasonable manner to minimize any damage to crops.

17.1.1.2. Lessee is aware that such testing could result in partial or complete termination of Lessee's farming operation on the Premises.

17.1.2. The City, the county of Tulare, the State of California, or any other regulatory agency to install monitoring wells on the Premises.

17.1.2.1. The City shall recommend that the agencies work with Lessee to install such wells in locations to minimize hindrance or damage to Lessee's farming operation, but makes no guarantee of locations.

17.1.2.2. Lessee is aware that such testing could result in partial or such complete termination of Lessee's farming operations on the Premises.

17.2. Lessee shall provide to the City a copy of any reports involving a test of soil, air, crops, or water within the Premises performed by or for Lessee immediately after receipt of such reports by Lessee.

18. Discharge of Claims, Liens. Taxes

18.1. Lessee shall discharge or provide for the discharge of all claims that it has authorized or incurred for labor, materials, and supplies furnished for or in connection with the Premises.

18.2. Lessee agrees to keep and shall keep the Premises and improvements thereon free and clear from any liens or encumbrances, including mechanics or material men's liens, or any kind or nature for any work done, labor performed, or material furnished for the Premises or Lessee's operations thereon or from any other cause.

18.3. Lessee agrees to indemnify and save harmless the City, its agents, officers, and employees from and against any and all claims, liens, demands, costs and expenses of whatsoever nature for any such work done, labor performed, or material furnished.

18.4. The premises may be subject to possessory interest tax. Lessee agrees to pay all taxes (real, personal, possessory interest tax, or whatever other tax) and assessments that may City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024
be levied or charged upon the property/possessory interest rights of Lessee under this Agreements and Lessees' operation hereunder.

18.5. Lessee shall also obtain and pay for all other Agreements or permits necessary or required by law for the conduct of its operation hereunder.

19. Indemnification

19.1 To the fullest extent permitted by law, Lessee shall indemnify, defend (upon request by the City) and hold harmless the City, its agents, officers, employees, and volunteers ("City indemnities"), and each of them, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of or in any way connected with Lessee's possession of the premises, Lessee's performance of its obligations under this Lease Agreement, or out of any operations conducted by Lessee, including the City's active or passive negligence, EXCEPT for such loss or damage arising from the sole negligence or willful misconduct of the City.

19.2 In the event the City indemnities are made a party to any action, lawsuit or other adversarial proceeding arising from Lessee's performance of this agreement, the Lessee shall provide a defense to the City indemnities (at City's request), or, at City's option, reimburse the City indemnities their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

20. Insurance: Lessee, in order to protect the City and its council members, officials, agents, officers, and employees against all claims liability for death, injury, loss and damage as a result of Lessee's actions in connection with the performance of Lessee's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Lessee shall not perform any work under this Agreement until Lessee has obtained all insurance required under this Paragraph and the required certificates of insurance have been filed with and approved by the City. Lessee shall pay any deductibles and self-insured retentions under all required insurance policies.

20.1.Workers Compensation and Employer's Liability Insurance Requirement — Lessee shall submit written proof that lessee is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the Labor Code.

20.1.1. In signing this Agreement, Lessee makes the following certification, required by section 1861 of the Labor Code.

20.1.2."I am aware of the provision of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provision of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement."
City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

20.1.3.Lessee shall require any sub-contractors to provide workers' compensation for all to the subcontractors' employees unless the sub-contractors' employees are covered by the insurance afforded by Lessee.

20.1.4.If any class of employees engaged in work or services performed under this Agreement is not covered by Labor Code section 3700, Lessee shall provide and/or require each sub-contractor to provide adequate insurance for the coverage of employees not otherwise covered.

20.1.5.Lessee shall also maintain employer's liability insurance with limits of two million dollars ($2,000,000) for bodily injury or disease.

20.2 Liability Insurance Requirements:

20.2.1 Lessee shall maintain in full force and effect, at all times during the term of this Agreement, the following insurance:

20.2.1.1 Commercial General Liability Insurance, including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provision of this Agreement), Products-Competed Operations Hazard, Liquor Liability, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Lessee's performance of work under this Agreement. Said insurance coverage shall have minimum limits for Bodily Injury and Property Damage liability of two million dollars ($2,000,000) Combined Single Limit (CSL) each occurrence and two million dollars ($2,000,000) aggregate and shall include an endorsement naming the City and the City’s council members, officials, officers, agents and employees as additional insured for liability arising out of this Agreement and any operations related thereto.

20.2.1.2 Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage cover all owned, leased, hired and non-owned vehicles used in the performance of services pursuant to this Agreement with minimum limits for Bodily Injury and Property Damage liability of one million dollars ($1,000,000) each occurrence and shall include an endorsement naming the City and the City's council members, officials, officers, agents and employees as additional insured for liability arising out of this Agreement and any operations related thereto.

20.2.2 If any of the insurance coverage required under this Agreement is written on a claims-made basis, the insurance policy shall provide an extended reporting period of not less than four (4) years following the termination of this Agreement or completing of Lessee's work specified in this Agreement, whichever is later.

20.2.3 Prior to Lessee commencing any of its obligations under this Agreement, evidence of insurance in compliance with the requirements above shall be furnished to the City by Certificate of Insurance naming the City as "additional insured". Receipt of evidence of insurance that doesn't comply with above requirements shall not constitute a waiver of the insurance requirements set forth above.

20.3 Cancellation of Insurance — The above stated insurance coverage required to be maintained by Lessee shall be maintained until the completion of all the Lessee's obligations under this Agreement, and shall not be reduced, modified, or canceled, without thirty (30) days prior City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024
written notice to the City. Lessee shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

20.4 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum of an "A-VII" rating. Any exception to these requirements must be approved by the City Risk Manager or the City employee with Risk Management responsibilities.

20.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Lessee for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

20.6 Failure by Lessee to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Lessee. The City, at its sole option, may terminate this Agreement and obtain damages from Lessee resulting from said breach. Alternatively, the City may purchase such required insurance coverage, and without further notice to Lessee, the City shall deduct from sums due to Lessee any premiums and associated costs advanced or paid by the City for such insurance. If the balance of monies obligated to Lessee pursuant to this Agreement is insufficient to reimburse the City for the premiums and any associated cost, Lessee agrees to reimburse the City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by the City to take this alternative action shall not relieve Lessee of its obligation to obtain and maintain the insurance coverage required by this Agreement.

21. Assignment. Subletting, Merger

21.1. Assignment by Lessee of any or all rights under this Agreement may only occur upon written consent of the City.

21.1.1. Lessee shall submit to the City a written request for assignment or to sublet and provide any information about the proposed assignee or party to sublet that the City may require.

21.1.2. Lessee shall submit in advance a non-refundable sum of $2,500 to the City for each request for assignment or sublet in order to cover costs for processing such request.

21.1.3. The City shall answer Lessee's request for assignment or sublet within 60 days of receipt of such notification by Lessee.

21.1.4. The City may reject the proposed assignment or sublet for any reason and, if so and notwithstanding Paragraph 21.1.2 hereinabove, the City shall refund $1,500 to the lessee.

21.2. At least 120 days in advance of any proposed merger between Lessee and a corporation or any other entity, Lessee shall provide to the City written notice of its intention to participate in such merger and provide any information required by the City in regards to the merger.

21.3 This Agreement shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors and assigns of the respective parties hereto.

22. Breach and Default

22.1 Each of the following shall be a default by Lessee and breach of this Agreement:

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

22.1. l. Lessee shall become insolvent, or shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States, or of any state law, or consent to the appointment of a receiver, trustee, or liquidator, and such act prevents Lessee from conducting its operations under this Agreement for a period of thirty (30) calendar days or more.

22.1.2. By order or decree of a court, Lessee shall be adjudged bankrupt, or an order shall be made approving a petition filed by any other creditors seeking the reorganization of its indebtedness under federal bankruptcy laws, or under any law or statute of the United States, or any state thereof and such act prevent Lessee from conducting its operations under this Agreement for a period of thirty (30) calendar days or more.

22.1.3. A petition under any part of the federal bankruptcy laws, or an action under any present or future solvency law or statute shall be filed against Lessee and shall not be dismissed within ninety (90) days after the filing thereof and such act prevents Lessee from conducting its operation under this Agreement for a period of thirty (30) calendar days or more.

22.1.4. Pursuant to or under authority of any legislative act, resolution or rule or any offer or decree of any court, governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of lessee, and such possession or control shall continue in effect for a period of ninety (90) days and prevents Lessee from conducting its operations under this Agreement for a period of thirty (30) calendar days or more.

22.1.5. Any lien (including, without limitation, mechanic's and materials' liens) is filed against the Premises because of any act or omission of the lessee and is not removed within thirty (30) day.

22.1.6. Lessee's voluntary abandonment, desertion, vacating, or discontinuation of its operations as authorized by this Agreement.

22.1.7. Failure to perform any term, covenant, or condition of this Agreement.

22.1.8. Lessee fails to punctually make any payments due to the City under this Agreement.

22.2. Notwithstanding any other remedies of the City under this Agreement, should lessee default or breach this Agreement, and as permitted per California Civil Code Section 1951.2, the City may terminate this Agreement immediately, re-enter the Premises and take full possession thereof, and remove all persons connected with Lessee therefrom and Lessee shall have no further claim thereon or hereunder.

22.3. The remedies given to the City in Paragraph 22.2 shall be in addition and supplement to all other rights or remedies that the City may have under the laws then in force.

22.4. Lessee hereby waives any and all rights for redemption granted by or under any present or future law, or statute, arising in the event it is evicted or dispossessed for any cause or in the event the City obtains or retains possession of the Premises in any lawful manner.

22.5. No waiver the City of any default or breach on the part of Lessee in the performance of any of the terms, covenants, or conditions hereof to be performed, kept, or observed by Lessee City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024
shall be or be construed to be a waiver by the City of any other or subsequent default or breach in performance of any of said terms, covenants, or conditions contained in this Agreement.

22.5.1. The subsequent acceptance of rent by the City shall not be deemed a waiver of any preceding breach by Lessee of any term, covenant or condition of this Agreement, including the failure of Lessee to pay the particular rental so accepted, regardless of the City's knowledge of such preceding breach at the time of acceptance of such rent.

22.5.2. No covenant, term or condition of this Agreement shall be deemed to have been waived by the City unless the City provides such waiver in writing.

23. Negation of Partnership

23.1. The City shall not become or be deemed a partner or joint venture with Lessee or associate in any relationship with Lessee other than that of Lessor and Lessee by reason of the provisions of this Agreement.

23.2. Lessee shall not for any purpose be considered an agent, officer, or employee of the City.

23.3. To whatever extent the City, its agents, officers, or employees may be deemed to be associated with the Lessee or the Lessee's agents, officers, or employees because of any activity or operation pursued by Lessee or its agents, officers or employees on the Premises, then to such extent Lessee shall be deemed an independent contractor of the City.

24. Workers Compensation: Lessee shall comply with the workers' Compensation Act of this State and shall indemnify and save and hold harmless the City from any and all liability under the said Act.

25. Compliance With Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and orders whatever, present or future, of the federal, state, or City government which may in any way apply to the use, maintenance, occupation of, or operations on the Premises, including but not limited to the Americans with Disabilities Act.

26. Nondiscrimination: Lessee, in the operation to be conducted pursuant to the provision to this Agreement and otherwise in the use of Premises, shall not discriminate or permit discrimination against any person or class of persons by reason of race, color, creed, sex or national origin or by any arbitrary reason.

27. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee:

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024
To the Lessor (the City of Porterville)
City of Porterville
291 Main Street
Porterville, CA 93257
The address to which the notices may be mailed to either party may be changed by written notice.

Nothing, however, shall preclude the giving of any such notice by personal service.

28. Definitions and Terminology

28.1. In this Agreement, the capitalized term "Paragraph" shall indicate the numerical subject headings or sub-headings of this Agreement (such as this Paragraph is identified as 28.1)

28.2. In this Agreement the capitalized terms "Section" or "Sections" shall indicate the actual physical location for the certain real property locations, as they exist in Tulare County. (As such, the only Sections to be mentioned in this Agreement will be the Sections as originally stated in Paragraph 1.2 hereinabove.)

28.3. In the context of this Agreement the terms "wastewater" and "effluent" may be used interchangeably and shall be defined as untreated sewage water that has been channeled to the City treatment plant, treated to certain requirements, and discharged from the treatment plant as non-potable water to be used on the Premises to grow fiber and fodder crops.

29. Damage to Premises:

29.1. In the event more than 20% of the Premises or more than 100 acres of farmed land is declared a disaster area by Federal, State, or local authorities:

29.1.1.Lessee may, within 15 days of such declaration, provide to the City evidence of the declaration, the location and number of acres affected, and petition for temporary relief from rent until the affected real property can reasonably and in a timely manner be restored by Lessee, at its expense, to a condition again usable for Lessee's farming operations, and

29.1.2.The City shall review such petition or request and if found credible shall pro-rate Lessee's rent by:

29.1.2.1. Determining the number of currently farmed acres,

29.1.2.2. Determining the number of current acres deemed not farmable due to the disaster,

29.1.2.3. Determining the number of days the farmed acres are out of production until Lessee can reasonably put the acres back into production,

29.1.2.4. Regarding this Paragraph 29.1, determine an acreage percentage and divide the result by 365 days to determine a day's percentage,

29.1.2.5. Multiply the acreage percentage times the day's percentage to determine an overall percentage,

29.1.2.6. Multiply the overall percentage times the annual rent to determine rent credit to Lessee (no more than 30% of the annual rent), and
City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

29.1.3.Within 15 days after the City determines the affected real property can reasonably be farmed by Lessee, the City shall notify Lessee the amount of rent reduction and whether it will be refunded to Lessee soon thereafter by check or credited towards Lessee's next rental payment.

29.2.Should the City determine the Premises or significant parts thereof are rendered unusable for a period of more than 30 days due to no fault of Lessee, the City may determine a refund of rent based on the formula determined in Paragraph 29.1 of this Agreement and pay or credit Lessee for the time period beyond the 30 day period mentioned heron above (NOTE - in this instance the pro-rated rent shall take effect 30 days after the City's reasonable determination of the date the acreage was determined unusable.)

30. Surrender of Premises: On the last day of the term, or sooner termination of this Agreement, Lessee shall peaceably and quietly leave, surrender and yield up to the City the Premises and improvements thereon in good condition, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by act of God or by fire or other circumstances over which Lessee has no control.

31. Authorized Agent of THE CITY: The City Manager, or his designee, is the duly authorized agent of the City for purposes of this Agreement and any obligations assumed hereby by Lessee shall be performed to his satisfaction.

32. Disposition of Improvements and Equipment: Upon termination or expiration of this Agreement, Lessee, may, at Lessee's sole cost and expense, remove its farm equipment and trade fixtures which have been placed on the Premises but not permanently affixed thereto. No real property or improvements to real property shall be removed by Lessee without Lessee first obtaining written approval to remove such real property or improvements to real property.

33. Lost. Stolen. Damaged Property: The City is in no way responsible for Lessee's lost, stolen, or damaged property unless the City or the City's agents take possession of Lessee's property.

34. Right of Ingress and Egress:

34.1. Lessee shall have the reasonable non-exclusive right of way for pedestrian and vehicular travel for ingress and egress to the Premises over property owned and controlled by the City.

34.2. Lessee's right of way is subject to such reasonable rules and regulations as the City may make from time to time.

34.3. The City and its invitees shall have the right, at any time, to enter and inspect the Premises, Lessee's operations, and conduct studies, surveys, and tests.

35. Incorporation of Prior Agreements and Amendments:

35.1. This Agreement contains all agreements of the parties with respect to any matter mentioned.

35.2. No prior agreement or understanding pertaining to any such matter shall be effective.

35.3 This Agreement can only be modified as a written agreement, signed by the parties in interest at the time of the modification.

City of Porterville Reclamation Area Lease Agreement
Porterville, CA

LEASE AGREEMENT 1/8/2024

36. Venue: The parties agree that this Lease Agreement is entered into and to be performed in Tulare County, California, and to fullest the extent permitted by law, the parties agree that for any action to enforce the terms hereof, the venue shall be Tulare County, California.

37. Severability: the invalidity of any provision of this Agreement, as determined by a Court of competent jurisdiction, shall not affect the validity or any other provision hereof.

38. Captions: Paragraph headings in this Agreement are used solely for convenience and shall be wholly disregarded in the construction of this Agreement.

39. Covenants and Conditions: Each provision of this Agreement performable by Lessee shall be deemed both a covenant and a condition.

40. Time of Essence: Time is hereby expressly declared to be of the essence of this agreement and of each and every provision thereof, and each such provision is hereby made and declared to be material, necessary, and an essential part of this Agreement.

41. Attorney's Fees. If any litigation is commenced between the parties to this Lease concerning the Lease or the rights and duties of either in relation to the Lease, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to its cost for the litigation including expert witness fees and a reasonable sum for its attorneys' fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

City of Porterville Reclamation Area Lease Agreement
Porterville, CA
City of Porterville
By: Date:

Martha A. Flores, Mayer

APPROVED AS TO FORM
City of Porterville
By: Date:

Julia M. Lew, City Attorney
Lessee
By: Date:

Rick Perigo
Title:

Business Name

APPROVED AS TO FORM
By: Date:

Legal Counsel for Lessee
Exhibit A - Reclamation Area Legal Description
Exhibit B - Map of Reclamation Area
Exhibit C – Letter of Credit for Lessee
Reclamation Area Legal Descriptions Exhibit A
PARCEL
City of Porterville Airport Property
Parcel 1
City of Porterville Lease Purchase
Parcel2
Parcel 3
APN
302480001
302110059
302100015
City of Porterville Old Pere Pond/Field #46
Parcel 4 302130028
City of Porterville Underhill Property
Parcel 5 302130008
Parcel 6 302130007
City of Porterville Hunsaker Property
Parcel 7 302130019
Parcel 8 302130021
1/8/2024

LEGAL DESCRIPTION ACRES
SE/4 SEC 5-22-57 160.00
E/2 OF N/2 OF SW/4 SEC 8-22-27 40.00
LTS 34,35,46,47 ETC PVILLE FRUIT & 64.66
FARMS TR RM 15-23
POR NE/4 SEC 18-22-27 44.29
W /2 OF SE/4 SEC 18-22-27 80.00
E/2 OF SEC/4 SEC 18-22-27 64.80

15.20 Acres (Police Shooting range -
Not part of lease)
POR S/2 SEC 17-22-27 79.26
POR SW/4 SEC 17-22-27 84.14
Total Management Acres 617.15

[Place on Your Letterhead]
[Date]
To: City of Porterville
291 N. Main Street
Porterville, CA 93257
Letter of Credit No.

To Whom it may Concern:

This letter of credit is given to fulfill the requirements of that certain agreement entered into between the City of Porterville, hereinafter referred to as “City”, and Rick Perigo Roadsiding, hereinafter referred to as “Principal”, covering Reclamation Area Lease by Principal in accordance with said agreement. Said agreement is attached hereto and made a part hereof by reference.

As required by said agreement, and for the purpose only, we hereby establish in favor of City and for account of our Irrevocable Letter of Credit No.____________, in the amount of____________ to be paid by draft at sight on us if accompanied by the following documents:

City’s written statement signed by the __________________________ or Mayor certifying that there has been loss; damage; or liability resulting from the Principal’s performance, or non-performance, of his duty and obligation under said agreement, or from negligence, act, or omission of Principal or his agent, servants or employees, in the amount of the accompanying sight draft on us and the amount of this draft is, therefore, now due and payable.

It is agreed that the above funds are on deposit and guaranteed for payment and said funds shall become trust funds for the purposes set forth herein.

It is further agreed that if City should have to file suit to enforce the provisions of this letter of credit, the prevailing party shall be entitled to all court costs, including reasonable attorney’s fees.

All drafts under this Letter of Credit shall be marked _________________________________ - Irrevocable Letter of Credit No. ________________________.

We expressly agree with you that all drafts drawn under and in compliance with the terms of this Letter of Credit shall meet with due honor upon presentation.

NAME OF BANK:
__________________________________________
President
__________________________________________
Vice President
Item No. 13.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Authorization to Execute Consultant Services Agreement - 2025 Biosolids Management Plan
SOURCE: Public Works
COMMENT: Staff is requesting authorization to enter into a service agreement with Carollo Engineers for the development of the 2025 Biosolids Management Plan (BMP).

Council approved the addition of Carollo Engineers to the Pre-approved Professional Services List on November 21, 2023. Utilizing the informal selection process for services of less than $25,000, staff contacted Carollo Engineers as they had developed the last four BMPs for the City's Wastewater Treatment Facility (WWTF). Their history with developing the BMP makes them uniquely qualified with the knowledge needed to address the challenges of the City's wastewater reclamation area.

The BMP will provide a plan for the beneficial reuse of effluent and biosolids in the City's reclamation area which meets Waste Discharge Regulations R5- 2008-0034 and General Order 2004-12-DWQ requirements. The BMP must balance the irrigation of crops with effluent and the land application of biosolids from the City’s WWTF. The goal of the BMP is to ensure that effluent irrigation and biosolids applications stay within agronomic loading rates for the crops planted. The City’s current BMP will expire in October 2024 along with the City’s farm lease agreement. An updated 5-year BMP will be needed for the years 2025 through 2029.

Carollo Engineers submitted a BMP scope of services quote for $20,742, which includes updating of the WWTF data, updating reclamation area maps, updating crop schedules, updating water and nitrogen balances and updating the agronomist's report. Funding for the project is available from the 2023/2024 Wastewater Treatment Operating Budget.

RECOMMENDATION: That City Council:

1. Authorize Carollo Engineers to develop the 2025
Biosolids Management Plan for a not-to-exceed amount of $22,816.20 which includes a ten percent (10%)
contingency;

2. Direct the Finance Director to initiate a Purchase Order to Carollo Engineers for a not-to-exceed amount of
$22,816.20 which includes a ten percent (10%)
contingency; and

3. Direct the Finance Director to make payment to Carollo Item No. 13.

Engineers upon the receipt of an invoice approved by the Public Works Director.

ATTACHMENTS: 1. Carollo BMP Scope of Services 2025-2029 Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Interim City Manager
CAROLLO PROPOSAL // PAGE 1
City of Porterville 5-Year Biosolids Management Plan (BMP) Background
The City of Porterville’s (City’s) 5-year Biosolids Management Plan (BMP) is intended to provide a plan for the farming of its reclamation area. The City must balance the irrigation of crops with effluent and the land application of fields with biosolids from the City’s wastewater treatment plant (WWTP). The goal of the BMP is to ensure that effluent irrigation and biosolids applications stay within agronomic loading rates for the crops planted. The City’s current BMP will expire in October 2024 along with the City’s farm lease agreement. An updated 5-year BMP will be needed for the years 2025 through 2029.

Scope of Work
The following activities will be performed to complete the 5-year BMP for the years 2025 through 2029.

Task 1: Data Request and Review
Carollo will provide a formal data request listing the data needs for the project. This will likely include the following items:
• WWTP effluent quality and quantity
• WWTP biosolids quality and quantity data
• If the City plans to apply advanced treated water to the reclamation area during the 5-year timeframe, quality and quantity of advanced treated water
• Reclamation area soils analysis
• Changes to the reclamation area – new fields added and/or fields taken out of service • Reclamation area limitations:
o What can/cannot be planted in each field?
o Which fields can/cannot receive effluent irrigation?
o Which fields can/cannot receive biosolids applications? o Which fields can/cannot receive advanced treated water (if applicable)? • Initial proposed cropping schedule from the City and/or farmer • Percolation pond changes – any changes to area and/or limitations on the use of the percolation ponds Based on the review of the data provided, we will identify any missing data and develop recommendations for the collection of additional data needed for the development of the 5-year BMP.

Deliverables: Formal data request
Task 2: Updated Mapping
Based on the information provided with regards to the reclamation area and the percolation ponds, an updated map of the City’s reclamation area will be provided including details on irrigation, biosolids applications, and field limitations.

Deliverables: Overall reclamation area map and individual field maps CAROLLO PROPOSAL // PAGE 2
Task 3: Cropping Schedule
Starting with the initial proposed cropping schedule provided by the City, Carollo will develop an updated 5-year cropping schedule for the fields in the reclamation area for the years 2025, 2026, 2027, 2028, and 2029. Because the cropping schedule is dependent on the results of the water and nitrogen balance calculations, Task 3 and Task 4 are iterative.

Deliverables: Draft and Final 5-year cropping schedule
Task 4: Water and Nitrogen Balance
Once both an initial cropping schedule and an updated agronomist’s report have been received, Carollo will perform water and nitrogen balance calculations for the years 2025, 2026, 2027, 2028, and 2029. These calculations will include a determination of mineralized nitrogen on a field-by-field basis and will also account for percolation of effluent using the percolation ponds. The result of the water and nitrogen balance calculations will be an estimation of the effluent irrigations and biosolids applications on each field for each year. As mentioned above, Task 3 and Task 4 are iterative, so the cropping schedule may change as a result of the water and nitrogen balance calculations.

Deliverables: Draft and Final 5-year BMP report
Task 5: Project Management
Project setup, agreements, progress reports, and invoicing.

Subconsultant: Agronomist’s Report
An updated agronomist’s report will be needed to provide updated crop water needs and crop nitrogen needs for the crops planned for the 5-year period covered by the BMP.

Deliverables: Agronomists report to be included as an appendix to the report CAROLLO PROPOSAL // PAGE 3
Estimated Hours and Fee
Item No. 14.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Consent to Sublet - Lot No. 34E at the Porterville Municipal Airport SOURCE: Finance
COMMENT: Mike Quatacker and Debbie Quatacker are requesting the City's consent to continue to sublet their hangar on Lot No. 34E at the Porterville Municipal Airport to Jason Malcolm, on a month-to-month tenancy. Section 25 of the Lease Agreement states that the lessee shall not sublet the premises without prior written consent of the City. On July 6, 2021, the City Council approved the Quatacker's request to sublet the hangar through June 30, 2022. The hangar will continue to be utilized for the storage of aircraft for purposes of maintenance and repair.

RECOMMENDATION: That the City Council:

1. Authorize the Lessee, Mike Quatacker and Debbie Quatacker, to sublet airport hangar on Lot No. 34E at the Porterville Municipal Airport to Jason Malcolm, on a month-to-month tenancy; and

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

ATTACHMENTS: 1. Locator Map

2. Letter of Request

3. City's Consent to Sublet
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: Patrice Hildreth, Interim City Manager

LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 34E

AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 34E, hereby consents to the request dated January 10, 2024, made by the Lessee, Mike Quatacker and Debbie Quatacker, to sublet said airport hangar lot 34E to Jason Malcolm, on a month-to-month tenancy, commencing on July 1, 2022, for the storage of aircraft for purposes of maintenance and repair. Provided however, that there shall be no further subletting without the prior written consent of the Landlord.

Dated this 16
th day of January, 2024.

CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Martha A. Flores

MAYOR, CITY OF PORTERVILLE
ATTEST: _______________________________
Patrice Hildreth, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney
Item No. 15.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Consent to Sublet - Lot No. 30 A1, A2 and A3 at the Porterville Municipal Airport
SOURCE: Finance
COMMENT: Matt Quatacker, Mike Quatacker and Debbie Quatacker are requesting the City's consent to continue to sublet their hangar on Lot No. 30 A1, A2 and A3 at the Porterville Municipal Airport to Wings Aloft Incorporated, on a monthto-month tenancy, for the parking and storage of aircraft. Section 25 of the Lease Agreement states that the lessee shall not sublet the premises without prior consent of the City. On July 6, 2021, the City Council approved the Quatacker's request to sublet their hangar to Wings Aloft Incorporated through July 31, 2023, for the parking and storage of aircraft.

RECOMMENDATION: That the City Council:

1. Authorize the Lessee, Matt Quatacker, Mike Quatacker and Debbie Quatacker, to sublet airport hangars on Lot No. 30 A1, A2 and A3 at the Porterville Municipal Airport to Wings Aloft Incorporated, on a month-to-month tenancy; and

2. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 30 A1, A2 and A3 on behalf of the City.

ATTACHMENTS: 1. Locator Map

2. Letter of Request

3. Lessor's Consent to Sublet
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: Patrice Hildreth, Interim City Manager

LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 30 A1, A2 AND A3

AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 30 A1, A2 and A3, hereby consents to the request dated January 10, 2024, made by the Lessee, Matt Quatacker, Mike Quatacker and Debbie Quatacker, to sublet said airport hangar lot 30 A1, A2 and A3 to Wings Aloft Incorporated, on a month-to-month tenancy, commencing on August 1, 2023, for the parking and storage of aircraft. Provided however, that there shall be no further subletting without the prior written consent of the Landlord.

Dated this 16
th day of January 2024.

CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Martha A. Flores

MAYOR, CITY OF PORTERVILLE
ATTEST: _______________________________
Patrice Hildreth, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney
Item No. 16.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Authorization for Out-of-State Travel for the Battalion Chief Training Program.

SOURCE: Fire
COMMENT: The Battalion Chief Boot Camp (BCBC) course is one of a kind, providing over forty (40) hours of instruction over five (5) days focused on developing the required skills for the Battalion Chief position. This Battalion Chief Leadership and Tactics course will take place from February 4, 2024, through February 10, 2024. The BCBC is a new Cohort Learning Program delivered solely by Chief Curt Isakson, a more than thirty (30) year veteran of the fire service, professional speaker, educator, and consultant with experience working in volunteer, career, and combination departments in urban, suburban, rural, and countywide settings.

This cohort learning concept with seventy (70) participants is intended to maximize every moment, Sunday night through Saturday morning, with opportunities for attendees to form a professional networking group to build Chief Officer skills.

If approved, one (1) Fire Department Battalion Chief would travel to Pensacola, Florida, from February 4, 2024, through February 10, 2024, to attend the class and bring knowledge learned back to share with the rest of the Department. The approximate cost for the training and travel expenses is $3,000. Funding is available in the Fire Department's annual budget.

RECOMMENDATION: That the City Council authorize Out-of-State Travel for the Battalion Chief training program.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: Jason Ridenour, Acting Deputy City Manager Item No. 17.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Authorization of Out-of-State Travel for Fire Department Personnel SOURCE: Fire
COMMENT: On November 4, 2023, the City Council approved the purchase of a ladder truck and two (2) type 1 fire engines. To complete the purchase of the apparatus and to design them specifically for the City of Porterville’s needs, Fire Department personnel are required to attend a pre-construction meeting, a mid-point inspection, and a final acceptance inspection. Due to the volume of work included in the inspections, it is recommended to have separate meetings for the two types of apparatus. If approved, Fire Department personnel would travel to South Dakota in February 2024, for a pre-construction meeting for the Ladder truck and then a separate trip for the two (2) type 1 engines. The mid-point inspections will be scheduled midway through construction and the final acceptance inspections for each will be at the end of construction.

The manufacturer has requested three (3) personnel with a common Chief Officer that is overseeing the project to participate in the pre-construction meeting and inspections. Staff requests that the City Council authorize out-ofstate travel for three (3) Fire Department personnel to the Rosenbauer Manufacturing Facility located in South Dakota, for the pre-construction meetings, mid-point inspections, and final acceptance inspections for both the ladder truck and the type 1 fire engines purchased through Rosenbauer of America. Funding for the travel is available in the Fire Department's annual budget.

RECOMMENDATION: That the City Council authorize out-of-state travel for three (3) Fire Department personnel to the Rosenbauer Manufacturing Facility located in South Dakota, for the pre-construction meetings, mid-point inspections and final acceptance inspections for both the ladder truck and the type 1 fire engines purchased through Rosenbauer of America.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Item No. 17.

Final Approver: Jason Ridenour, Acting Deputy City Manager Item No. 18.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Ratification of New Classification and Approval of Job Description for Fire Inspector
SOURCE: Fire
COMMENT: As part of the Fire Department's ongoing mission to provide the residents and visitors of Porterville with the highest quality public safety, the department has identified the need to add a new position to the Fire Prevention Division: Fire Inspector. Fire prevention is a vital component of community risk reduction and fire safety.

The establishment of new positions requires approval of the position, budget, and job description. The Fire Inspector position was proposed and approved in the recently adopted 23/24 budget with funding from Measure I at a salary range of 169 ($3,539-$4,319). This item is for consideration of the attached job description.

The Fire Inspector's role is to inspect schools, institutions, industrial, commercial, and residential properties to determine compliance with appropriate fire prevention codes, regulations, and standards. The State of California mandates the City to inspect many of these occupancy types annually, straining our ability to inspect the non-mandated facilities. With increased call volume, engine companies have less time to focus on prevention inspections. The addition of a fire inspector would reduce the strain on Fire Department resources, allowing for inspections of non-mandated businesses more frequently, ultimately improving our community's safety. The inspector’s role will also involve educating businesses to help them maintain compliance before the inspection process.

RECOMMENDATION: That City Council:

1. Affirm the establishment of the classification of Fire Inspector at a salary range of 169 ($3,539-$4,319) to be funded from Measure I; and

2. Approve the proposed Job Description for Fire Inspector.

ATTACHMENTS: 1. Proposed Fire Inspector Job Description Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Item No. 18.

Final Approver: Patrice Hildreth, Interim City Manager

FIRE INSPECTOR

DEFINITION
Under direct or general supervision, inspects schools, institutions, industrial, commercial, and residential properties to determine compliance with appropriate fire prevention codes, regulations, and standards; coordinates fire prevention activities; conducts public fire safety education programs, presentations, demonstrations, and instruction sessions for the public; and performs related work as required.

REPRESENTATIVE DUTIES
Management reserves the rights to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Inspects a variety of existing and new commercial, industrial, educational, licensed care, residential buildings and facilities for fire hazards, availability, and efficiency of fire protective equipment, adequacy of fire exits, and compliance with local, state, and national fire regulations; inspects special events and seasonal businesses. • Inspects operations involving hazardous materials; advises and makes recommendations to improve operations based on requirements.
• Inspects, and witnesses tests for the proper installation and operation of fire protection systems, including sprinkler systems, heat activated alarm systems, and other fire protection devices and equipment; tests and approves installation of automatic hood sprinklers/extinguishing systems.
• Provides technical assistance to fire company personnel regarding code standards; conducts fire prevention education, training, and safety inspection programs for fire suppression personnel.
• Develops, presents, and coordinates fire and life safety education programs for the community, including professional and governmental agencies, local schools, community groups, and the public.
• Conducts and schedules bi-annual fire drills for City high schools; prepares and submits correspondences regarding compliance to school administration. • Coordinates fire prevention matters and programs with other City departments and outside agencies.
• Investigates complaints pertaining to violations of fire prevention laws. • May assist the Fire Marshal with the investigation of fires for origin and cause. • Prepares reports and maintains records of fire inspections and investigations including installations of fire protection systems, violations of codes, new construction, business owner changes, licensed care facilities within the City, and other files, reports, and records. • Develops public information materials such as writing and submitting articles for magazines and creating educational workbooks for special programs. • Prepares and compiles applications for fireworks booths; accepts payments and issues receipts; organizes and attends annual meetings; inspects booths for compliance with local, state, and national fire regulations.
• Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of fire prevention and inspections; researches emerging products and enhancements and their applicability to City needs. • Assists Fire Marshal, Code Enforcement Officers, Inspectors and Firefighters with building inspections as needed and assists the Fire Marshal in developing and implementing policies and procedures for code enforcement and fire prevention. • Performs plan review to ensure compliance with adopted Building and Fire codes through review of architectural plans, fire protection system shop drawings, and written documents. • Performs related duties as assigned.

EMPLOYMENT STANDARDS
Education and/or Experience Any combination of training and experience which would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
• Equivalent to the completion of the twelfth (12th) grade supplemented by specialized training in fire science, fire prevention, plan checking, public education, hazardous materials, or a related field.
• One (1) year of progressively responsible experience in a recognized fire agency in California as a Fire Inspector or Fire Prevention Officer performing technical and fire prevention work.

Licenses & Certifications:

Fire Inspector:
• Possession of, a valid Class C California driver's license. • Possession of, the CA State Fire Marshal Fire Prevention Officer certificate, or the ability to obtain the CA State Fire Marshal Fire Inspector I certificate within twelve (12) months. • Possession of Hazardous Materials First Responder Awareness certificate. • Possession of, or ability to obtain, California PC832 Arrest Course certificate within twelve (12) months.

Knowledge of:
• Principles and techniques related to fire science, particularly in the areas of fire prevention, fire investigation and fire code enforcement.
• Principles, practices, and techniques of modern fire protection, prevention, and suppression, including fire protection equipment and systems. • Principles and techniques used in the development and implementation of safety education programs.
• Fire hazards and the related prevention and abatement methods. • Fire prevention inspection methods and techniques.
• Basic principles of combustion.
• Standards used in the storage, handling, and disposal of hazardous materials, explosives, highly flammable materials, and other toxins used in industrial settings. • Fire hazards and related prevention and abatement methods. • Mechanical, chemical, and related characteristics of a wide variety of hazardous materials, chemical reactions, and fire behavior.
• Applicable Federal, State, and local laws, codes, and regulations including the California Fire Code.
• Occupational hazards and standard safety practices necessary in the area of fire inspection. • Principles, practices, and techniques of public relations. • Local geography, including the location of water mains, hydrants, major fire hazards of the City, and City streets.
• Modern office practices, methods, and computer equipment. • Principles and procedures of record-keeping.
• Computer applications related to the work.
• Safe driving principles and practices.
• English usage, grammar, spelling, vocabulary, and punctuation. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various professional, educational, regulatory, and legislative organizations.
• Techniques for providing a high level of customer service to public and City staff, in person and over the telephone. Foresee and resolve conflict at a high level Ability to:
• Perform fire and life safety inspections of buildings and fire protection equipment using fire related codes and ordinances.
• Detecting fire hazards and code violations and determining proper mitigation measures. • Interpret, apply, and explain laws, regulations, codes, and departmental policies relating to fire prevention.
• Learn local geography, including location of water mains, fire hydrants, and target areas of the City.
• Establish and maintain a variety of filing, record keeping, and tracking systems. • Conduct meetings, make presentations, and facilitate communications in a clear, concise, and positive manner.
• Represent the department and the City effectively in meetings with other departments, private organizations, and the general public.
• Coordinate and deal tactfully with the public to correct identified safety hazards. • Respond to complaints or inquiries from citizens, staff, and outside organizations. • Prepare clear, effective and accurate reports, correspondence, and other written materials. • Follow department policies and procedures related to assigned duties. • Operate a motor vehicle safely.
• Understand and follow oral and written instructions.
• Organize own work, set priorities, and meet critical time deadlines. • Use English effectively to communicate in person, over the telephone, and in writing. • Use tact, initiative, prudence and independent judgment within general policy, procedural and legal guidelines.
• Establish and maintain effective working relationships with those contacted in the course of the work.
• Identifies inadequacies found on construction plans, reports and calculations, and requests corrections
• May be required to appear and represent the department at hearings relative to the consideration of license or permits, and shall testify in court if necessary • Research building types and applicable codes
• Research alternate products, materials and methods of construction for compliance, and makes recommendations to the Fire Marshal
Additional Requirements
Possession of, or ability to obtain and maintain a valid California Driver’s License, and a good driving record. The ability to work evenings and weekends.

Supervision Received and Exercised
Receives general direction from the Fire Marshal and assigned management personnel. No direct supervision of staff is exercised. May exercise technical and functional direction over assigned staff.

Physical Demands
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to inspect various commercial and residential development sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points; to attend meetings and to operate a motor vehicle; vision to read printed materials and a computer screen and make inspections; and hearing and speech to communicate in person and over the telephone or radio. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, climb, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds and heavier weights with the use of proper equipment.

WORKING CONDITIONS
Employees work partially in an office environment with moderate noise levels and controlled temperature conditions, and partially in the field and are occasionally exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical, and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

Item No. 19.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Draft Resolution Authorizing Submittal of Grant Applications to CalRecycle SOURCE: Public Works
COMMENT: Staff is requesting authorization for approval of a resolution to execute all documents necessary to implement and secure grant funding from the Department of Resources Recycling and Recovery (CalRecycle). CalRecycle is administering a grant program meant to provide aid in the implementation of new regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016, and SB170 Budget Act of 2021. This non-competitive grant program provides funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383. In 2022, the City of Porterville received $79,153 from this program.

Past applications allowed for the use of Resolution No 14-2016, which authorized the submittal of applications for payment programs. This year, however, CalRecycle is requesting a Resolution specifically for the submittal of Grant Applications. The City of Porterville Refuse Division has the potential to receive the allotted amount of $121,994 to assist with the implementation of regulated requirements associated with SB 1383, legislation concerning organic waste recycling.

RECOMMENDATION: That the City Council approve the draft Resolution authorizing the City Manager, or their designee, the Public Works Director, as the Signature Authority to execute all documents necessary to implement and secure Grant funding from CalRecycle.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, Interim City Manager
RESOLUTION NO. ____ – 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING SUBMITTAL OF INDIVIDUAL

GRANT APPLICATIONS FOR ALL GRANT PROGRAMS FOR WHICH

THE CITY OF PORTERVILLE IS ELIGIBLE THROUGH CALRECYCLE
WHEREAS: Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS: In furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS: CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville authorizes the submittal of applications to CalRecycle for all grants for which the City of Porterville is eligible; and
BE IT FURTHER RESOLVED: That the City Manager, or their designee, the Public Works Director, is hereby authorized and empowered to execute in the name of the City of Porterville all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED: That these authorizations are effective for five years from the date of adoption.

PASSED, APPROVED AND ADOPTED this 16th day of January, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:_______________________________
Fernando Gabriel-Moraga, Deputy City Clerk
Item No. 20.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: CDBG Citizens’ Advisory and Housing Opportunity Committee and Citizen Participation Plan
SOURCE: Community Development
COMMENT: In preparation for the development of the Annual Action Plan (AP) to be submitted to the federal Department of Housing and Urban Development (HUD), the following items are required: 1) the adoption of the 2024/25 Citizen Participation Plan; and 2) the annual designation and appointment of a Citizens’ Advisory and Housing Opportunity Committee.

HUD requires each jurisdiction that receives formula grants through its Community Development Block Grant (CDBG) Program to prepare and adopt a Citizen Participation Plan. The Plan provides guidelines for the participation of residents in determining the use of CDBG funds. This Plan is reviewed annually for necessary revisions prior to City Council’s adoption of the CDBG Action Plan. In 2020, the Citizens Participation Plan was developed by The Ramsey Group Consultants and is in compliance with federal regulations. Only minor revisions were necessary to the 2024/25 plan to reflect updated contact information and dates (Attachment 1.) The 2024 Citizens’ Advisory and Housing Opportunity Committee Participation Plan Schedule is presented as Attachment "2."
A Citizens’ Advisory Committee was established in 1981 to function in an advisory capacity to the Council regarding program design, implementation, and assessment. This Committee consists of seven residents of the city, appointed annually by the Council. The Citizen Participation Plan places particular emphasis on obtaining representation of low and moderate-income persons residing in identified slum and blighted areas, members of minority groups, the elderly, the disabled, and residents of areas where the use of funds is proposed.

All seven members of the 2023 committee have expressed their willingness to serve as 2024 Committee members:

Pat Contreras
Rebecca Contreras
Yalimar Garcia
Eriselda Lizarraga
Linda Mendez
Isabel Olmos
Jacqueline Verduzco Alanis
Item No. 20.

Applications have been received, and staff is requesting that they be reappointed as members of the CDBG Advisory and Housing Opportunity Advisory Committee for the 2024 program year.

The 2024 Action Plan is in the process of being developed and is planned to be presented to the Council in April 2024. It is anticipated that expenditures for activities will be consistent with previous years. A substantial amendment may be necessary to consider reallocating funds for programs that did not take place to existing active programs and for end-of-year adjustments for programs that have funding remaining.

Community input from the Community Meeting will be presented to the Citizens’ Advisory and Housing Opportunity Committee when they meet on February 29, 2024. The Citizens’ Advisory and Housing Opportunity Committee will give input on the 2024 Draft Action Plan & Amendment to the 2023 AP. The Plans will then be available for a 30-day public comment period, and are expected to be brought before the Council for consideration of adoption at its meeting on April 16, 2024.

RECOMMENDATION: That the City Council:

1. Adopt the 2024 Citizen Participation Plan; and

2. Appoint existing Committee members Pat Contreras,
Rebecca Contreras, Yalimar Garcia, Eriselda Lizarraga,
Linda Mendez, Isabel Olmos, and Jacqueline Verduzco
Alanis to the Citizens’ Advisory and Housing Opportunity Committee for a one-year term.

ATTACHMENTS: 1. Draft 2024 Citizen Participation Plan

2. Draft 2024 Citizens’ Advisory and Housing Opportunity Committee Schedule

3. Request for Appointment Isabel Olmos Redacted

4. Request for Appointment Jacqueline Verduzco Alanis
Redacted

5. Request for Appointment Linda Mendez Redacted

6. Request for Appointment Pat Contreras Redacted

7. Request for Appointment Rebecca Contreras Redacted

8. Request for Appointment Yalimar Garcia Redacted

9. Request for Appointment Eriselda Lizarraga Redacted
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Acting Deputy City Manager
Item No. 20.

Final Approver: Patrice Hildreth, Interim City Manager

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
1 Citizen Participation Plan
Revised January, 2024
Introduction
The City of Porterville (City) is a federal entitlement jurisdiction that receives federal grant funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program.

As an entitlement jurisdiction, the City is required to prepare:
• A Five-Year Consolidated Plan (Consolidated Plan) that includes a Citizen Participation Plan (CPP)
• An annual Action Plan (Action Plan)
• An annual Consolidated Annual Performance Evaluation Report (CAPER)

Under HUD’s Code of Final Regulations for the Consolidated Plan (24 CFR Part 91 Sec. 91.105), the City must adopt a Citizen Participation Plan that sets forth the City’s policies and procedures for citizen participation in the planning, execution, and evaluation of the Consolidated Plan, Action Plans, and CAPER. This CPP provides guidelines for the City to provide and encourage public participation by residents, community stakeholders, and grant beneficiaries in the process of drafting, implementing, and evaluating the Consolidated Plan and related documents. The citizen participation process includes outreach, public hearings, community forums, and opportunities for comment.

Definitions
• Action Plan (Action Plan): The Action Plan summarizes the activities that will be undertaken in the upcoming Fiscal Year (FY) to meet the goals outlined in the Consolidated Plan. The Action Plan also identifies the federal and non‐federal resources that will be used to meet the goals of the approved Consolidated Plan.
• Citizen Participation Plan (CPP): The CPP provides guidelines by which the City will promote engagement in the planning, implementation, and evaluation of the distribution of federal funds as outlined in the Consolidated Plan, Action Plan, and CAPERs. • Community Development Block Grant (CDBG): HUD’s CDBG program provides communities with resources to address a wide range of housing and community development needs that benefit very low- and low-income persons and areas.
• Consolidated Annual Performance Evaluation Report (CAPER): The CAPER assesses the City’s annual achievements relative to the goals in the Consolidated Plan and the proposed activities in the Action Plan. HUD requires the City to prepare a CAPER at the end of each fiscal year. • Department of Housing and Urban Development (HUD): HUD is the federal government agency that creates and manages programs pertaining to federal home ownership, affordable housing, fair housing, homelessness, and community and housing development.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
2 • Displacement: Displacement refers to the involuntary relocation of individuals from their residences due to housing development and rehabilitation activities paid for by federal funds. • Eligible Activity: Activities that are allowable uses of the CDBG funds covered by the CPP as defined in the Code of Federal Regulations Title 24 for HUD. • Entitlement Jurisdiction: A city with a population of at least 50,000, a central city of a metropolitan area, or a qualified urban county with a population of at least 200,000 that receives grant funding from HUD.
• Five Year Consolidated Plan (Consolidated Plan): HUD requires entitlement jurisdictions to prepare a Consolidated Plan every five years. The Consolidated Plan is a strategic plan that identifies housing, economic, and community development needs and prioritizes funding to address those needs over a five‐year period.
• Low and Moderate Income (LMI): As defined annually by HUD, Low and Moderate Income (LMI) is 0‐80 percent of area median family income (AMI) for a jurisdiction, with adjustments for smaller or larger families. This includes those individuals presumed by HUD to be principally LMI (abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers). HUD utilizes three income levels to define LMI households:
o Extremely low income: Households earning 30 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) o Very low income: Households earning 50 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) o Low and moderate income: Households earning 80 percent or less than the AMI (subject to adjustments for areas with unusually high or low incomes or housing costs) • Public Hearing: Public hearings are designed to provide the public the opportunity to make public testimony and comment. Public hearings related to the Consolidated Plan are to be advertised in local newspapers and made accessible to non‐English speakers and individuals with disabilities.
• Substantial Amendments: Amendments are considered “Substantial” whenever one of the following is proposed:
o A change in the allocation priorities or a change in the method of fund distribution o A substantial change which increases or decreases the amount allocated to a category of funding within the City’s entitlement grant programs by 25 percent

CITY OF PORTERVILLE
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PARTICIPATION PLAN

3 o To implement an activity using CDBG funds for new programs that were not described in the Consolidated Plan
o To change the purpose or intended beneficiaries of an activity approved for CDBG funding, e.g., instead of primarily benefitting lower income households the activity instead proposes to benefit mostly moderate-income households

Roles, Responsibilities, and Contact Information
The City is a federal entitlement jurisdiction and is a recipient of grant funding from the federal government.

The City’s Charter established a council and manager form of government. Porterville’s City Council is the elected legislative body of the City and is responsible for approving its Consolidated Plan, Action Plans, Substantial Amendments, and CAPERs prior to their submission to HUD.

It is the intent of the City to provide for and encourage citizen participation, with particular emphasis on participation by lower income persons who are beneficiaries of, or impacted by, entitlement‐ funded activities. The City encourages participation in all stages of the Consolidated Planning process by all residents, including minorities and non‐English speaking persons, as well as persons with mobility, visual or hearing impairments, residents of assisted housing developments, and recipients of tenant‐based assistance.

In general, hearings will be held at City Hall due to its central location, convenient access, and disability accessibility. Translation services will be provided when there is an indication that non‐English speaking persons will be attending. Other reasonable accommodations will be provided on a case‐bycase basis.

The General Contact Information for the City’s HUD Entitlement Programs is:

Jason Ridenour
Assistant City Manager
[email protected]
291 N. Main Street
Porterville, CA 93257

Citizen Participation Policies
Public Hearings
The City will hold public hearings for Consolidated Plans, Annual Action Plans, CAPERs, amendments made to the CPP, and Substantial Amendments.

CITY OF PORTERVILLE
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PARTICIPATION PLAN
4 The Consolidated Plans, Annual Action Plans, CPP amendments, and Substantial Amendments require two public hearings. One required hearing is a City‐staffed community meeting and one required hearing is before City Council for document adoption. The CAPER requires one public hearing before City Council for document adoption.

Community hearings will be held in a community space with consideration for the convenience to beneficiaries of the entitlement program resources.

The City Council public hearings will be held at City Hall Council Chambers located at 291 N. Main Street, Porterville, CA 93257. Listening devices, interpretation services, and other assistance to disabled persons or those with limited English proficiency will be provided upon request, ranging up to five business days prior notification to the City Clerk. Requests for disability‐related modifications or accommodations required to facilitate meeting participation, including requests for auxiliary aids, services or interpreters, require different lead times, ranging up to five business days. For this reason, it is important to provide as much advance notice as possible to ensure availability. Assistive Listening Devices (ALDs) are available upon request.

Waivers and Flexibility in Response to Pandemic (if applicable) Legislation aimed at providing relief for individuals and businesses that have been negatively impacted by a pandemic outbreak or public health crisis, such as the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116‐136), can provide CDBG Entitlement Jurisdictions with flexibilities that make it easier to use CDBG grants by authorizing HUD to grant waivers and alternative public hearing requirements with virtual public hearings if: 1) national/local health authorities recommend social distancing and limiting public gatherings for public health reasons; and 2) virtual hearings provide reasonable notification and access for citizens in accordance with the City’s certifications, timely responses from local officials to all citizen questions and issues, and public access to all questions and responses. For any CDBG funds that are used in order to prevent, prepare for, and respond to a pandemic or public health crisis, expedited procedures could be implemented which include notice and reasonable opportunity to comment of no less than five (5) days. The five (5) day period can run concurrently for comments on the action plan amendment and, amended citizen participation plans.

Additionally, CDBG funds that are used in order to prevent, prepare for and respond to a pandemic like the Coronavirus, covered by laws such as CARES Act referenced above, the draft and final documents may only be available online at the City’s website. At the discretion of the City Manager, City Staff will recommend program activities, funding and program modifications for submittal to the City Council without consultation of the Citizens’ Advisory and Housing Opportunity Committee. In this case, the City Manager would have deemed the expeditious completion of these tasks as essential to public safety, health or economy, to prevent, prepare for or respond to the Coronavirus.

Waivers may be granted to CPD Grantees, such as the City of Porterville, with regards to its regulatory Citizen Participation Plan (CPP) requirements specifically required under Citation 24 CFR 91.105(c)(2)

CITY OF PORTERVILLE
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PARTICIPATION PLAN

5 and (k) and could consist of: 1) an immediate reduction in the required 30‐day comment period to no less than five (5) days, with the requirement to provide reasonable notice and opportunity for citizens to comment on substantial amendments concerning the proposed uses of CDBG funds; and 2) a waiver regarding “reasonable notice and opportunity to comment” requirements of the CPP, to allow a grantee to determine what constitutes reasonable notice and opportunity to comment.

Should waivers and flexibilities be granted by legislation as described above, the City of Porterville intends to implement said waivers and flexibilities as it pertains to this CPP.

Accordingly, the City of Porterville plans to vary from its Adopted CPP and will instead follow the below reasonable notice and public comment procedures:
• Public notices will be published in the “Public Notices” sections of the Porterville Recorder and in Spanish in the Noticiero Semanal publications approximately 5 days before a scheduled meeting to decide on any required actions related to the City’s HUD Plans. • The Public notices will note the specific comment period and the meeting date on which the item(s) will be reviewed and action taken.
• Proposed amendments to Plans will be made available for viewing from our website:
http://www.ci.porterville.ca.us/
• Members of the public may submit comments during the five‐day comment period specified in the section above via: 1) by email to [email protected], or, 2) by calling (559) 782- 7460.
• Comments received may be read or received at the scheduled City Council meeting. • The virtual meetings, if held during a scheduled City Council meeting, will be streamed via the City’s YouTube channel https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA and available for participation via a Zoom link to be provided on the posted agenda. Otherwise, the links to access the virtual public hearings outside a regularly scheduled City Council meeting will be available on the City’s website.

Notice of Hearings and Review Periods
To allow the public time to provide comments prior to the submission of approved documents to HUD, the City will hold a minimum 30‐day public review and comment period for the Consolidated Plan, Action Plan, and Substantial Amendment. The City will establish a public review period of at least 15 days for each CAPER and amendments to the CPP. Copies of the draft plans will be available to the public at the Community Development Department, 291 N. Main Street, Porterville, CA 93257.

The City will place public notices at City Hall (291 N. Main Street) and online through the City’s website (www.ci.porterville.ca.us), and through advertisement in a local newspaper of general circulation in advance of a public review and comment period.

To ensure that the public, including minorities, persons with limited English proficiency, persons with disabilities, residents of public housing, and LMI residents are able to participate in the public review

CITY OF PORTERVILLE
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PARTICIPATION PLAN
6 process, the City will provide residents, public agencies, and other stakeholders with notices on applicable public review periods and public hearings that adhere to the following:
• The notices will be published prior to the start of the public comment period and at least fifteen (15) days before the final public hearing and will include information regarding how to request accommodation and services available for persons with disabilities who wish to attend the public hearings.
• The notices will be distributed to persons and agencies on the contact list maintained by the City for those parties expressing interest in receiving information and updates related to the City’s Consolidated Plan, Action Plan, CAPER, Substantial Amendments and CPP. Interested parties may request to be added to this contact list by sending an email to [email protected], by calling (559) 782‐7460 or by writing to the Community Development Department, 291 N. Main Street, Porterville, CA 93257. • The notices will be distributed through a variety of methods, including e‐mail, newspaper publications and the City’s website at www.ci.porterville.ca.us. The notices will include information on how to obtain a copy of the draft documents and scheduled hearing dates, times, and locations.
• As directed by HUD through written guidelines, and deemed necessary due to the risk of the safety, health or economy of the city, expedited procedures will be implemented which include notice and reasonable opportunity to comment of no less than five (5) days. The five (5) day period can run concurrently for comments on the action plan amendment and, amended citizen participation plans.

The public may file comments on draft plans in writing to the Community Development Department, 291 N. Main Street, Porterville, CA 93257; via email to Jason Ridenour at [email protected]; or by phone at (559) 782‐7460. Comments may also be submitted in person at the Community Development Department, 291 N. Main Street, Porterville, CA 93257, Monday through Friday during business hours, and during the Council adoption hearing.

When necessary or applicable, the City may combine notices complying with several individual requirements into one comprehensive notice for dissemination and publication.

Comments/Complaints on Adopted Plans
Comments or complaints from residents, public agencies, and other stakeholders regarding the adopted Consolidated Plan or related amendments and performance reports may be submitted in writing or verbally to the General Contact at the Community Development Department, 291 N. Main Street, Porterville, CA 93257. Written comments or complaints will be referred to appropriate City staff for consideration and response. The City will attempt to respond to all comments or complaints within fifteen (15) business days and maintain a correspondence file for this purpose.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
7 Availability of Draft and Approved Documents
The draft and final versions of the Consolidated Plan, Action Plan, CAPER, all related amendments, records, and regulations will be available online at the City’s website: www.ci.porterville.ca.us. Hard copies of all documents will be available at the Community Development Department, 291 N. Main Street, Porterville, CA 93257 and upon written request. If the City is unable to provide immediate access to the documents requested, it will make every effort to provide the documents and reports within 15 business days from the receipt of the request.

During the public review and comment period, copies of the document will be available to the public for review at City Hall (291 N. Main Street) and through the City’s website at www.ci.porterville.ca.us.

In the event of a public health crisis, the aforementioned documents will only be available online at the City’s website.

Displacement Policy
As part of the CPP, the City must maintain a displacement policy. Displacement refers to the involuntary relocation of individuals from their residence due to housing development and rehabilitation paid for with federal funds. The City will continue to use existing federal and state relocation guidelines, as applicable, to minimize displacement and to alleviate the problems caused by displacement. Both the federal government and the State of California have specific requirements dictating the amount of benefits and assistance that must be provided to lower income persons and households relocated from their homes as a result of displacement. Depending on the funding source, displaced persons may be offered one or more of the following:
• A rent subsidy for another unit
• A cash payment to be used for rent or a down payment on the purchase of a dwelling unit • Moving and related expenses

The City’s rehabilitation programs may also incur relocation issues when they provide minor additions to existing dwellings in order to address overcrowding. Any temporary relocation costs are included in the rehabilitation loan package offered to clients.

Technical Assistance
The City will, to the extent feasible, respond to requests for technical assistance from entities representing LMI groups who are seeking federal entitlement funding in accordance with grant procedures. This may include, but is not limited to, providing information regarding how to fill out applications, other potential funding sources, and referrals to appropriate agencies within and outside the City. "Technical assistance," as used here, does not include the provision of funds to the entities requesting such assistance. Assistance will also be provided by Community Development Department staff to interested individuals and resident groups who need further explanation on the background

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
8 and intent of the Housing and Community Development Act, interpretation of specific HUD regulations, and project eligibility criteria for federal grants.

This plan describes how the City of Porterville will involve citizens in the planning, implementation, and assessment of the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs. The funds must be used for projects which benefit low‐ and moderate‐income persons and/or aid in the elimination or prevention of slum and blight. These programs are intended to assist cities in undertaking neighborhood improvement, economic development, and homeowner assistance programs. Program regulations give ultimate responsibility for the design and implementation of the program to local elected officials, and also require that citizens be given an opportunity to serve in a key advisory role to these elected officials.

ADVISORY COMMITTEE
To ensure that Porterville residents are given a full opportunity to participate in the Program, a Citizens’ Advisory Committee was established in 1981 to function in an advisory capacity to the Mayor and Council regarding program design, implementation, and assessment. This Committee consists of seven (7) residents of the City, appointed annually by the City Council. Citizens and civic organizations have been urged to make recommendations on allocation of the City’s multi‐purpose Community Development Block Grant since 1981/82. The Committee has provided direction in establishing the Housing Rehabilitation Loan Program (HRLP), and other worthwhile projects under CDBG Entitlement Cities and Home Programs which have benefitted low‐ and moderate‐income households within the city of Porterville. In addition to the HRLP, the Committee has recommended the establishment of several revolving loan funds since 1982, including the Sewer and Water Connection Fund, the Public Utilities Revolving Loan Fund (merged in 2012 with HRLP), the First Time Low‐Income Homebuyer Program and the Business Assistance Program. The Committee has also recommended the allocation of funds toward remodeling the Santa Fe Plaza Senior Citizens Center, and inventory of Industrial Land Resources, the Low‐Income Residential Smoke Detector Installation Program, and the Porterville Enterprise Zone Area Infrastructure Improvement Program, the rehabilitation of the Porterville and Glenwood Hotels, the opening of the Porterville Youth Center, and four targeted Curb, Gutter Sidewalk, and Street Light, Neighborhood Improvement Projects, Lime Street Park Improvement Project, and Santa Fe Facility Improvement Project. In addition, the Committee has supported the establishment of economic development programs and public improvement activities such as the completion of the Heritage Center with Section 108 Loan Guarantee funds. Several years ago, the Committee recommended the establishment of the Homebuyer Education Program and the Murry Park Improvement Project. An expansion to the Park Improvement Program was approved in 2010 to include the Lime Street Neighborhood Park and in 2013, the Extension of Murry Park was included and is currently underway. In 2021, the Committee recommended the allocation of funds toward a Fair Housing education program and the development of a multi-sport fields.

The City has taken steps to secure the services of concerned individuals to form the Advisory Committee for the purposes of program model design, implementation, assessment, and development of the Community Development Block Grant Program under the Entitlement Cities criteria. The City places particular emphasis on obtaining representation of low‐ and moderate‐income

CITY OF PORTERVILLE
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PARTICIPATION PLAN
9 persons residing in slum and blight areas, members of minority groups, the elderly and persons with disabilities, and residents of areas where use of funds are proposed. In continuing its efforts to serve the needs of the public, the City Council has expanded the role of the Committee to incorporate efforts to expand housing opportunities, thereby changing the name to the Citizens’ Advisory and Housing Opportunity Committee.

At the discretion of the City Manager, City Staff will recommend program activities, funding and program modifications for submittal to the council without consultation of the Advisory Committee.

In this case, the City Manager would have deemed the expeditious completion of these tasks as essential to public safety, health or economy.

SCOPE OF CITIZEN PARTICIPATION
Citizens will be involved in all stages of the Community Development Block Grant Program, including the development of the consolidated plan, inclusive of the annual action plan, substantial amendments to the plan, program implementation, assessment of performance, and design of the citizen participation plan. Mechanisms for the citizen involvement include: The Citizens’ Advisory and Housing Opportunity Committee, public hearings and ad hoc community meetings, individual citizen efforts in the form of comments, complaints, or inquiries submitted directly to Marth A. Flores, Porterville Mayor and/or Community Development Department, located in City Hall, 291 N. Main Street, or by telephone, (559) 782‐7460.

Public Hearings
At least two (2) public hearings, open to the entire community, will be held annually. The hearings will provide an opportunity for citizens to identify community development needs, propose projects, and assist in the development of an overall strategy for Porterville. The hearings will also be used to solicit comments on the citizen participation plan more sensitive to local needs and realign the plan with changes in Federal regulations, and to review the HUD annual community assessment, if available. The hearings are typically held in February or March and April or May of each program year.

Consolidated Plan
Participation in the development of the consolidated plan, inclusive of the annual action plan, will occur as follows: at least one (1) public hearing will be held before the proposed consolidated plan is published for comment. Before the City adopts a consolidated plan, the City will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the jurisdiction expects to receive and the range of activities that may be undertaken, including the amount that will benefit persons of very low and low income.

The City will ensure that plans will be available to minimize the displacement of persons and to assist any persons displaced according to Federal regulation standards.

A summary of the proposed use of CDBG funds and, will be made available in Spanish, the predominate non‐English language spoken in Porterville, at all public hearings.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
10 Advisory Committee proposals and comments, with regard to development of the consolidated plan, will be obtained at Committee meetings or hearings scheduled either at the request of Committee members or program officials. The public is invited to attend these meetings.

The public will be notified of the period, not less than thirty (30) days (or five (5) days as applicable), in which to receive comments from citizens on the consolidated plan. Any comments or views of citizens received in writing or orally at the public meetings will be considered. A summary of these comments or views, and a summary of any comments or views not accepted, and the reasons therefore, will be attached to the final consolidated plan.

Amendments
In the case of proposed substantial amendments to the consolidated plan, the City shall provide reasonable notice and an opportunity to comment on substantial amendments. The public will be notified of the period, not less than thirty (30) days (or five (5) days as applicable), in which to receive comments on the substantial amendments before the amendment is implemented. The meetings regarding the proposed amendments are not required to be public hearings, but will be open to the public to attend. The City will consider any comments or views of citizens received in writing, or orally, at public hearings, if any, in preparing the substantial amendment of the consolidated plan. A summary of these comments or views, and a summary of any comments or views not accepted, and the reasons therefore, will be attached to the substantial amendment of the consolidated plan.

Amendments to the plan will be necessary whenever one of the following decisions is made:
1) To make a substantial change in the allocation priorities or a substantial change in the method of distribution of funds;
2) To carry out an activity using funds from any program covered by the consolidated plan (including program income) not previously described in the consolidated plan; or 3) To substantially change the purpose, scope, location, or beneficiaries of an activity.

Performance Report
Reasonable notice and an opportunity to comment on performance reports will be given to the public.

The public will be notified of the period, not less than fifteen (15) days, in which to receive comments from citizens on the performance report that is to be submitted to HUD before its submission. Any comments or views of citizens received in writing or orally at public meetings will be considered, and a summary of the comments and views will be attached to the performance report.

Citizen Participation Plan
The Annual Action Plan includes noticing and public hearings. All meetings and hearings are publicized in accordance with applicable HUD, state and local regulations. Specifically, the Action Plan includes community meetings, public noticing for 30 days (or 5 days as applicable), and a public hearing. The

CITY OF PORTERVILLE
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PARTICIPATION PLAN
11 City will provide citizens a reasonable opportunity to comment on amendments or revisions to the citizen participation plan and will make the plan public.

Other Method of Participation
Informal, individual contact with citizens, initiated either by citizens or program officials, will also provide input to the consolidated plan. For example, an individual may contact the Community Development Department at (559) 782‐7460 to request consideration of a special project; or program officials may seek the opinion of local business persons as to the need for commercial revitalization.

Program officials will also be available to advise citizens of the procedures for filing objections to the consolidated plan with the U.S. Department of Housing and Urban Development Area Office. Citizen participation in program implementation will occur primarily through consultation with the Citizens’ Advisory and Housing Opportunity Committee. Citizens will be asked to review and comment on specific strategies for approved projects. They will also meet to review any substantial program amendments. All such changes will be discussed with the committee and their comments considered prior to the City taking final action. These meetings will be held on an as‐needed basis.

Program assessment activities by citizens will occur in a variety of ways. Citizens will have the opportunity to comment on the City’s performance for the prior program year during the public hearings for the consolidated and action plan adoption. The public will also be notified of the public comment period for the annual performance report before its submission to HUD.

The Citizens’ Advisory and Housing Opportunity Committee shall function as a forum for public participation in the City’s efforts to affirmatively further fair housing. Prior to the submission of the consolidated plan, the Committee shall discuss and recommend for Council adoption suggested methods of furthering fair housing. As part of the orientation to the program offered at the public hearing, citizens will be invited to submit comments on all aspects of the program performance throughout the program year.

Public comments or complaints regarding the consolidated plan, substantial amendments to the Plan, the Performance Report, or the Citizen Participation Plan should be submitted in writing to the Community Development Director, City of Porterville, 291 N. Main Street, Porterville CA 93257. If a public hearing is held, comments should be submitted within fifteen (15) working days from the date of the public hearing. A timely, substantive written response will be provided by the City within fifteen (15) working days. If the response is unsatisfactory, correspondence may then be addressed directly to: Martha A. Flores, Mayor, City of Porterville, 291 N. Main Street, Porterville, CA 93257. Ms. Flores shall respond within fifteen (15) working days. If the citizen is still dissatisfied, he/she should write to the U.S. Department of Housing and Urban Development Area Office, 1 Sansome Street, Suite 1200, San Francisco, CA 94104, requesting an investigation of the issue. Program staff will also be available during normal business hours to respond to citizen inquires.

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CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
12 TECHNICAL ASSISTANCE
Citizen organizations, non‐profit organizations, and groups of low/moderate income persons or target area residents may propose their own specific program(s). The proposal for a specific program should include the program’s design, its budget, and the scope of proposed activities. Also, the proposal should identify the specific individuals anticipated to carry out activities and provide a summary of their experience and training.

Technical assistance which may be provided by City staff is limited to proposals that are considered eligible uses of CDBG funds, and not intended to assist citizen organizations, non‐profit organizations, and groups of low/moderate income persons or target area residents applying for funding from other grant sources. The Citizens’ Advisory and Housing Opportunity Committee may direct staff to provide technical assistance that may consist of staff or local expert presentations, informational handouts, research of a specific issue, or other short‐term efforts.

PUBLIC INFORMATION
The City will also undertake the following public information efforts to promote citizen participation:
• The public noticing pertaining to the community meetings, Council work session and public hearing are published in both English and Spanish. Public notices of all public hearings will be published in the Porterville Recorder and Noticiero Semanal at least ten (10) days before the scheduled hearing and fifteen (15) days prior to the final public hearing. These notices will indicate the date, time, location, and topics to be considered. Upon notification, arrangements will be made by the City to accommodate persons with disabilities. The public notices also will be made available in the form of press releases and as a public service announcement to local radio stations. Public hearing notices will indicate that summary statements of projected use of CDBG and/or HOME funds will be available in Spanish, the predominant non‐English language spoke within the city. Additionally, efforts will be made by providing notices to our local non‐profit partners to share and publish for public viewing, and publishing on the City website which includes the Agenda and meeting minutes.
• Notices will also be published in the Porterville Recorder to notify the public of the period, not less than thirty (30) days (or 5 days as applicable) for the consolidated plan or substantial amendments to the plan, or fifteen (15) days (or 5 days as applicable) for the performance report, in which to receive comments from citizens before submission of the plan or report to HUD. All notices will include information that complete copies of the proposed plan or report will be available for public review at City Hall (291 N. Main Street). A reasonable number of free copies of the plan or report will be provided to citizens and groups that request it. • Orientation information will be provided at the first public hearing conducted by the Citizens’ Advisory and Housing Opportunity Committee. City staff will make a presentation which covers: the total amount of funds available and the basis for award; the range of eligible activities and those previously funded in the community; the planning process and the schedule of meetings and hearings, the role of citizens in the program, a summary of other

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13 important program requirements, such as: environmental policies, fair housing provisions, and contracting procedures. Some of these topics will be covered in written materials. • A public file containing program documentation for the preceding five (5) years will be available for review at City Hall during normal business hours. Included will be copies of the Consolidated Plan, Environmental Review Record, the Citizen Participation Plan, and the Consolidated Annual Performance Evaluation Report. Other program documents are also available for citizen review on request at City Hall, consistent with applicable State and local laws regarding personal privacy and obligations of confidentiality. Upon request, materials will be made available in a form accessible to persons with disabilities.

ATTACHMENT 2
CITIZENS’ ADVISORY AND HOUSING

OPPORTUNITY COMMITTEE PARTICIPATION PLAN
SCHEDULE 2024
Advisory Committee Meetings Annually or as deemed necessary by Committee
Public Hearings (2) February 29, 2024*
April 16, 2024*
Publication of 4th year Action Plan March 16, 2024* – April 16, 2024 Adoption of Action Plan April 16, 2024*
Submission of Action Plan May 2024* (or when determined by HUD)
*Dates are subject to change and will be posted at: www.ci.porterville.ca.us City Council hearings, unless otherwise specified, will be held in the City Hall Council Chambers at 6:30 p.m. and livestreamed on YouTube at
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA.

Citizens’ Advisory Committee meetings and/or hearings, unless specified otherwise, will be held in the Coleman Conference Room in City Hall at 5:00 p.m.

Item No. 21.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Status Report - Developer Impact Fees
SOURCE: Finance
COMMENT: Pursuant to Government Code Section 66006(b)(1), a detailed fund analysis of the capital improvement funds containing developer impact fees has been prepared. A copy of this analysis has been delivered to the Building Industry Association of Tulare/Kings Counties, Inc. (BIA), per its request.

The format and content of this analysis have been developed around criteria previously approved by the BIA.

RECOMMENDATION: That the City Council accept the Status Report on Developer Impact Fees for the fiscal year ended June 30, 2023.

ATTACHMENTS: 1. 2022-2023 Developer Impact Fees Summary Report Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: Patrice Hildreth, Interim City Manager

CITY OF PORTERVILLE

DEVELOPER IMPACT FEE SUMMARY
2022/23

BEGINNING ENDING

BALANCES ELIGIBLE BALANCES
AS OF FEES INTEREST D.I.F. AS OF
JULY 1, 2022 COLLECTED EARNED EXPENDITURES JUNE 30, 2023 WATER ACREAGE FEE $ (21,268,930) $ 157,440 $ 42,789 $ (96,968) $ (21,165,670) SEWER ACREAGE FEE $ (2,712,962) $ 105,916 $ 25,161 $ (93,818) $ (2,675,703) STORM DRAIN FEE $ 2,561,167 $ 206,926 $ 22,051 $ (19,364) $ 2,770,780 TRANSPORTATION IMPACT FEE $ 2,205,128 $ 179,814 $ 21,337 $ (150,000) $ 2,256,279

CITYOF PORTERVILLE

DEVELOPER FEE-FUNDED PROJECTS
2022/23
Allowed Eligible
Total D.I.F. D.I.F.

Expenditure Percentage Expenditure
Water Projects
Master plan update $ 88,661.74 100% $ 88,661.74
South recharge basin 596.25 0% 0.00
DR#23 dual recharge basin 920,308.37 0% 0.00
North recharge basin 61,721.34 0% 0.00
Well #37 - Summit Estates 8,306.52 100% 8,306.52
Rehabilitate wells 1,689.35 0% 0.00
SGMA compliance 150,173.39 0% 0.00
Well #34 - Akin &Central Mutual water system 1,422,290.79 0% 0.00 Auto radio read 4,105,897.51 0% 0.00
WATER TOTAL $ 6,759,645.26 $ 96,968.26
Sewer Projects
MS4 permit $ 26,498.00 100% $ 26,498.00
Master plan payback 828.60 100% 828.60
Biosolids management plan (pre application) 4,959.20 0% 0.00 Digester #3 repair/rehab 2,133.75 0% 0.00
Primary clarifier center drive repair 122,000.00 0% 0.00 Digester cleaning 86,380.00 0% 0.00
Sewer master plan update 52,759.38 100% 52,759.38
Tertiary treatment plant (tank siting) 13,731.80 100% 13,731.80 Boiler replacement 47,196.26 0% 0.00
Sewer annexation - area 457 2,010,578.53 0% 0.00
Sewer annexation - area 474 2,373,676.12 0% 0.00
Sewer annexation - area 475 1,920,316.91 0% 0.00
Sewer annexation - area 476 2,708,234.63 0% 0.00
Sewer annexation - area 478 3,782,176.16 0% 0.00
Sewer annexation - area 479 2,111,678.19 0% 0.00
Digest #4 valve and repair 31,611.02 0% 0.00
SEWER TOTAL $ 15,294,758.55 $ 93,817.78
Storm Drain Projects
Master plan update $ 18,683.55 100% $ 18,683.55
Flood management ordinance update 680.65 100% 680.65
Thurman/3rd St storm drain 1,403.08 0% 0.00
STORM DRAIN TOTAL $ 20,767.28 $ 19,364.20
Transportation Projects
Debt service - 2015 Refinancing Project $ 150,000.00 100% $ 150,000.00 TRANSPORTATION TOTAL $ 150,000.00 $ 150,000.00
Park Projects
Debt service - sports complex $ 41,580.70 100% $ 41,580.70 Sports complex parking lease 6,796.82 100% 6,796.82
PARK TOTAL $ 48,377.52 $ 48,377.52

CITY OF PORTERVILLE

DEVELOPER FEE RATE STRUCTURE
2022/23
Hillside Single Multiple Mobile Commercial /
Development Family Duplex Family Homes Institutional Professional Industrial Water Acreage Fee / Acre $ 2,103 $ 4,385 $ 10,977 $ 25,628 $ - $ 2,862 $ 3,296 $ 25,312 Sewer Acreage Fee / Acre $ 1,429 $ 2,680 $ 6,224 $ 14,520 $ - $ 1,009 $ 3,784 $ 16,154 Storm Drain Fee / Acre $ - $ 7,223 $ 9,635 $ 14,456 $ - $ 19,266 $ 19,266 $ 19,266 Transportation Fee / Unit $ - $ 1,446 $ 977 $ 977 $ - $ 3,977 $ 7,564 $ 1,128 Park Impact Fee / Unit $ - $ 960 $ 745 $ 745 $ 538 $ - $ - $ - Item No. 22.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Consideration of Letter of Support for Sustainable Transportation Planning Grant
SOURCE: City Manager's Office
COMMENT: The Sustainable Transportation Planning Grant Program is a competitive district and statewide grant funding program managed and operated by the California Department of Transportation (Caltrans). A new competitive component for climate adaptation planning is available for the 2024-25 fiscal year. This component has $31.9 million available to fund local and regional identification of transportation-related climate vulnerabilities through the development of climate adaptation plans, as well as project-level climate adaptation planning to identify adaptation projects and strategies for transportation infrastructure.

At the November 27, 2023, meeting of the San Joaquin Valley (SJV) Transportation Modelers Group, participants voted to recommend to the Valley Council of Government (COG) Directors to pursue a grant to enhance freight modeling in the 8-county region.

On December 14, 2023, the San Joaquin Valley COG Directors Committee unanimously approved that the eight agencies submit the Climate Adaptation application in partnership, for a grant amount of $3,000,000. The Tulare County Association of Governments (TCAG) along with Kern COG is preparing a grant application for the region.

If funded, the consultant-supported study would explore the following topics:
· Evaluate truck route resiliency and Disadvantaged Communities (DAC) avoidance.
· Improve the 8-local models to include truck travel modeling capabilities. · Improve the statewide models to improve gateway volumes for both vehicles and trucks.
· Acquire additional data.

TCAG has requested letters of support from member agencies and partners to support the grant application. A draft letter of support is attached to this report for consideration.

RECOMMENDATION: That the City Council authorize the Mayor to sign the letter of support for the Caltrans Sustainable Transportation Planning Grant Program.

Item No. 22.

ATTACHMENTS: 1. Draft Letter of Support
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Acting Deputy City Manager
Final Approver: Patrice Hildreth, Interim City Manager
January 16, 2024
Amy Shuklian, Chair, Board of Governors
Tulare County Association of Governments
210 N. Church Street, Suite B
Visalia, CA 93291
Re: Caltrans Sustainable Transportation Planning Grant Program, Climate Adaptation Category, Application for the Valley Transport Resiliency Advancement for Neighborhoods' Sustainable Freight Movement (V-TRANSFRM) Study
Chair Shuklian:

On behalf of the City of Porterville, I am writing to express our support for the Tulare County Association of Governments’ (TCAG) Sustainable Transportation Planning grant application to develop and administer the VTRANSFRM Study in partnership with the seven other San Joaquin Valley Metropolitan Planning Organizations (Valley MPOs).

The objective of this study is to assess the climate change vulnerabilities of the San Joaquin Valley corridor and resiliency connectors, and to leverage and advance critical projects that implement adaptive climate measures. The study will focus on three main components: 1) Vulnerability/Resiliency Assessment; 2) Adaptation Mitigation/Co-Benefit Analysis; and 3) Expedite Implementation. Partners and collaborators will include local disadvantaged communities, stakeholders, and agencies including Caltrans Districts 6 & 10, and the 8-San Joaquin Valley MPOs to ensure that the adaptation measures are effective. The goal is to expedite implementation of climate adaptation mitigation, reduce impacts of extreme weather events while enhancing freight transportation resilience and realizing the co-benefits for all communities in this economically disadvantaged corridor.

The San Joaquin’s Valley’s role as the top national agricultural producer means that goods, specifically America’s food, are constantly flowing in and out of the region on local, state, and interstate roads. To continue feeding America, the valley must plan for a future where the transportation and goods movement strategies are resilient in the face of constant change. With more people moving in every year, and more job growth in the region, there will need to be a focus on sustainable infrastructure to move more people and goods in the decades to come.

The City of Porterville supports TCAG’s request for funding on behalf of the eight Valley MPOs for the San Joaquin Valley Transport Resiliency Advancement for Neighborhoods' Sustainable Freight Movement (V-TRANSFRM) Study and encourages Caltrans’ favorable consideration.

Sincerely,
Martha A. Flores
Mayor
City of Porterville
Item No. 23.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Approval of Community Civic Event - Porterville Chamber of Commerce - Culture Anniversary Event - February 3, 2024
SOURCE: Finance
COMMENT: The Porterville Chamber of Commerce is requesting approval to hold the Culture Anniversary Event on Saturday, February 3, 2024, from 9:00 AM to 12:00 PM. This is a pop-up vendor event to show appreciation to the Culture Cannabis Club customers. The request includes the closure and use of the parking lot behind Culture Cannabis at 230 North Main Street, as indicated on the attached map. They are requesting the closure of the parking lot from 7:00 AM to 2:00 PM, to give time for setup and clean up. An outside amplifier permit has been approved from 9:00 AM to 12:00 PM.

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

RECOMMENDATION: That the City Council approve the Community Civic Event application submitted by the Porterville Chamber of Commerce to hold the Culture Anniversary event on February 3, 2024, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: Patrice Hildreth, Interim City Manager

Item No. 24.

CITY COUNCIL AGENDA – JANUARY 16, 2024
SUBJECT: Approval of Community Civic Event - Porterville Kiwanis Club - Food Trucks in the Park - February 10, 2024
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold the "Food Trucks in the Park" event on Saturday, February 10, 2024, from 10:00 AM to 6:00 PM at Veterans Park. This event is a club fundraiser and would include local food vendors/trucks, nonprofits, and craft vendors. An outside amplifier permit has been approved from 10:00 AM to 6:00 PM.

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

RECOMMENDATION: That the City Council approve the Community Civic Event application submitted by the Porterville Kiwanis Club to hold the "Food Trucks in the Park" event at Veterans Park on February 10, 2024, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

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

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: Patrice Hildreth, Interim City Manager

Requirements for Community Civic Event
Porterville Kiwanis Club
Food Trucks in the Park
February 10, 2024
City Engineer: No comments.

D. Cervantez
Community Development Director: No comments.

J. Ridenour
Public Works Director: No comments.

M. Knight

Fire Marshal: All spacing for tents, tarps and canopies C. Dignam shall comply with the requirements for
spacing. All booths using electricity,
preparing food, or using a generator
shall have at a minimum a 2A:10B,C fire
extinguisher that is properly tagged for
use. All trailers shall be separated from
the towing vehicle and levelled. There
shall be a minimum of 12’ between
units. All food truck/trailers with a fixed
extinguishing system shall have a
current inspection tag on the system
and the required k series extinguisher,
along with the 2A:10B,C fire
extinguisher. Please see Exhibit C.

Parks and Leisure Services Director: Vehicles not involved in the event to D. Moore park in permitted parking areas.

Police Lieutenant: Please see Exhibit B.

M. Azevedo

Exhibit A, Page 1
Deputy City Manager: The submitted insurance certificate P. Hildreth with endorsement satisfies Risk
Management’s insurance requirements,
with the understanding that bounce
houses are not permitted at this event.

Field Services Superintendent: No comments.

B. Spry

Field Services Superintendent – Streets: No comments.

J. Baeza
Exhibit A, Page 2
Requirements for Community Civic Event
Sponsor: Porterville Kiwanis Club
Event: Food Trucks in the Park
Event Chairman: Jaime Gomez
Location: Veterans Park, Porterville CA
Date of Event: February 10, 2024 (10:00 a.m.-6:00 p.m.) RISK MANAGEMENT: Conditions of Approval
That Porterville Kiwanis Club provide a Certificate of Commercial General Liability Insurance Coverage evidencing coverage of not less than $2,000,000 per occurrence, and having the appropriate Endorsement naming the City of Porterville, its Officers, Employees, Agents and Volunteers as ‘Additional Insured’ against all claims arising from, or in connection with, the Permitted operation and sponsorship of the aforementioned Community Civic Event.

A. The Certificate shall be signed by an agent authorized to bind insurance coverage with the carrier, and the deductible, if any, shall not be greater than $1,000.

B. Said insurance shall be primary to the insurance held by the City of Porterville, be with a company having an A.M. Best Rating of no less than A: VII, and the insurance company must be an ‘admitted’ insurer in the State of California.

Exhibit A, Page 3
Exhibit B

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
Food Trucks in the Park
February 10, 2024, 10:00 am to 6 pm
Veteran’s Park
Proposed Conditions/Requirements for Event:
 At conclusion of event, event organizers shall ensure the park is promptly cleared of any equipment, booths, or waste
 Event organizers should contact the Patrol Watch Commander (Lieutenant Gurule, Lieutenant Hatch, or Lieutenant Ortiz) to discuss any potential policing needs. They can be reached at (559) 782-7410 or (559) 782-7417.
 Food vendors should provide inspection certificates from the Tulare County Health Department to members of the organizing committee, to ensure food product safety.  An Outside Amplifier Permit has been approved and granted, however, event organizers shall not allow sound amplification to be so loud as to unreasonably disturb the peace and good order of any residents or business establishments in the surrounding area.

Mark Azevedo, Lieutenant
Porterville Police Department

Item No. 25.

CITY COUNCIL AGENDA – JANUARY 16, 2024
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 December 19, 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. 25.
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. 25.
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. 25.
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. 25.
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. 25.

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. 25.
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:

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