Agenda packet — Porterville City Council, February 6, 2024 (part 1 of 2)

City Council Agenda February 6, 2024

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

PORTERVILLE, CALIFORNIA
FEBRUARY 6, 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
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of February 06, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/85406320764?pwd=Ot61t4ASQ6f52XxWm44elkEtXsLUsA.NmlXOyJq kubPoZGH
Or via Telephone: 1-669-900-6833 Webinar ID: 854 0632 0764 Passcode: 101644 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Rae Dean Strawn v. City of Porterville, United States District Court, Eastern District of California, Case No. 1:22-cv-1245 ADA-EPG.

2 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Eduardo Velasquez, Jr. v. City of Porterville, Tulare County Superior Court Case No. VCU304120.

3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Yesenia Flores v. City of Porterville et al., Tulare County Superior Court Case No. PCU304121.

4 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: One (1) case in which facts are not yet known to potential plaintiff.

City Council Agenda February 6, 2024

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5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

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

PRESENTATIONS

Swearing In Ceremony - Patrice Hildreth, City Manager
Focused General Plan Update
Southern California Edison Presentation - Brian Thoburn

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

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

I. Staff Informational Reports
Charitable Car Washes Quarterly Report Calendar Year 2023 Code Enforcement Quarterly Report
Building Permit Activity Quarterly Report FY 2023-2024 (October - December 2023) Street Performance Measure Quarterly Report FY 2023-2024 (October - December 2023)
Golf Course Quarterly Report FY 2023-2024 (October-December 2023) City Commission and Committee Attendance Quarterly Report FY 2023-2024 (October - December 2023)
City Council Member Appointments Attendance Quarterly Report FY 2023-2024 (October - 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 Repair City Well No. AP-2
Re: Consideration of approval for the repair of City Well AP-2 located on the East side of West Street, just north of Edison Court, by Mario Sagredo Electrical, for an amount not to exceed $15,008.

City Council Agenda February 6, 2024

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2. Authorization to Distribute a Request for Proposals for Art Component of Santa Fe Byway Project
Re: Considering authorization to distribute a Request for Proposals for the public art component of the Santa Fe Byway Project.

3. Thurman Avenue & Third Street Storm Drain Project
Re: Consideration to authorize an appropriation in the amount of $418,000 from Local Transportation Fund (LTF); and authorize an appropriation in the amount of $121,000 from the Sewer Revolving Fund (SRF) needed to complete the Thurman Avenue & Third Street Storm Drain Project.

4. Authorization to Procure Labor and Materials Through an Open Market Process to Complete the City Pool Improvements Project
Re: Consideration to adopt the resolution authorizing the procurement of bids through an Open Market Process for the City Pool Improvements Project.

5. Authorization to Use General Fund - Animal Shelter
Re: Consideration to approve the draft resolution authorizing an appropriation of $1,800,000 from the Capital Construction/Improvement Designated Fund to fund the project with the proceeds from the land sale of the Animal Shelter in Lindsay and anticipated donations being planned for reimbursement to said fund.

6. Financial Status Reports
Re: Considering acceptance of the City's Financial Status Reports as presented.

7. Quarterly Investment Portfolio
Re: Consideration to accept the quarterly Investment Portfolio Summary Report.

8. Request for Proclamation - Red Cross Month - March 2024 Re: Considering approval of a request to proclaim the month of March 2024, as "Red Cross Month" in the City of Porterville.

9. Approval of Community Civic Event - Porterville Chamber of Commerce - Spring Festival - April 13, 2024
Re: Consideration to approve the Community Civic Event application submitted by the Porterville Chamber of Commerce to hold the Porterville Chamber Spring Festival event on April 13, 2024, from 10:00 AM to 3:00 PM.

10. Authorization of Temporary Overflow Parking at the Sports Complex for Eagle Mountain Casino Special Events
Re: Consideration to approve Eagle Mountain Casino requests for temporary use of the Sports Complex parking lot during special events based on conditions set forth by the City.

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

SCHEDULED MATTERS

12. Consideration of Appointment to the Parks & Leisure Services Commission Re: Considering the appointment of an individual to serve the remainder of a four-year term on the Parks & Leisure Services Commission.

City Council Agenda February 6, 2024

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13. 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.

14. Consideration of the Wall of Fame Policy
Re: Consideration to potential revisions to the Wall of Fame policy concerning criteria for honoree selection.

15. 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 Task Force on Homelessness - January 17, 2024

2. Tulare County Association of Governments (TCAG) - January 22, 2024

3. Tulare County Economic Development Corp. (TCEDC) - January 24, 2024

4. The Mighty 190 Committee - January 24, 2024

5. Internal City Audit Committee - January 24, 2024

6. TCAG Sustainable Corridor Committee - January 25, 2024

7. Tulare County Regional Transit Authority (TCRTA) - January 29, 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 20, 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 – FEBRUARY 6, 2024
SUBJECT: Charitable Car Washes Quarterly Report Calendar Year 2023 SOURCE: Finance
COMMENT: In accordance with City Council direction, staff is providing a report on charitable car wash permits issued during the calendar year. Article VI, Section 15-130 of the City Code allows up to four car washes by a charitable organization in a calendar year.

For the period of January 1 to December 31, 2023, there have been no charitable car wash applications received or permits issued.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Municipal Code Chapter 15 Article VI. Charitable Car Wash Permit Procedure
Appropriated/Funded:

Review By:

Department Director:

Final Approver: Patrice Hildreth, City Manager
ARTICLE VI. CHARITABLE CAR WASH PERMIT PROCEDURE
SECTION:
15-70: Definitions
15-71: Permit Required For Charitable Car Wash
15-72: Application For Permit
15-73: Issuance And Form Of Permit
15-74: Term Of Permit
15-75: Nontransferability Of Permit
15-76: Manner Of Car Wash
15-77: Fundraising As A Business
15-78: Revocation Of Permit
15-79: Violations
15-80: Car Washing As A Business
15-70: DEFINITIONS:

For purposes of this article, the following definitions shall apply:

APPLICANT: A member of a charitable organization who applies for a car wash permit on behalf of the charitable organization.

CHARITABLE: Benevolent, civil, religious, educational, fraternal, patriotic, political, philanthropic or other similar purposes.

CHARITABLE CAR WASH: A temporary vehicle washing operation conducted by members of a charitable organization for organization fundraising purposes. It shall not be deemed to include the operation of an authorized permanent vehicle washing business or service station authorized to wash vehicles on its premises, although a car wash, as defined above, may be conducted on such premises.

CHARITABLE ORGANIZATION: Means and includes an organization which is a duly organized governmental or not for profit charitable, religious, civic, patriotic or community service organization; and the organization must have a tax exempt identification number assigned to it.

PERMIT HOLDER: The charitable organization who has been granted a permit pursuant to this article for the purpose of conducting a charitable car wash.

PERSON: Any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

RELIGIOUS OR RELIGION: Has the meaning established by the supreme court of the state or the supreme court of the United States.

RESIDENTIAL PROPERTY: A building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments. (Ord. 1669 § 1, 6-21-2005) 15-71: PERMIT REQUIRED FOR CHARITABLE CAR WASH:

A. It is unlawful for any person to engage, directly or indirectly, in a charitable car wash without first obtaining a valid charitable car wash permit pursuant to the provisions of this article.

B. The permit application shall include a written application to sponsor the charitable car wash by the owner or lessee of the property upon which the car wash is to be held.

C. The car wash permit issued under this article to a charitable organization must be prominently displayed at the location where the car wash is conducted and shall be removed at the completion of the car wash. (Ord. 1669 § 1, 6-21-2005)
15-72: APPLICATION FOR PERMIT:

A. Applications for charitable car wash permits shall be made to the finance department upon forms prescribed by the city. The application shall be declared under penalty of perjury and filed with the finance department not less than five (5) consecutive business days prior to the time at which the applicant wishes to conduct said car wash.

B. A nonrefundable application fee an amount to be set by resolution shall be paid by the applicant. The application fee shall be based solely upon the administrative costs in processing the application and issuing the permits.

C. Such applications shall contain the following information and documentation:

1. The full name, mailing address, principal business and telephone number of the charitable organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any.

2. The name and address of the sponsor, with a statement by the sponsor that he/she is the owner or lessee of the property where the car wash is to be held or is an employee or agent of the owner or lessee who has been delegated control of the premises by the owner or lessee, and that the sponsor assumes all liability regarding the car wash.

3. The full name and address of the person or persons who will be in charge of conducting the car wash.

The names and addresses of each individual who will actually be engaged in the car wash shall be on file at the agency/organization conducting the car wash and shall be made available to the city police department upon request at any time.

4. The time when such car wash will be held, including preferred date and hours of the day for commencement and termination of the car wash.

5. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the charitable organization by the city or any department or officer thereof.

6. Proof evidencing that the permit holder is a bona fide charitable organization.

7. The number of car washes that have been held by the charitable organization in that particular calendar year, and the number of car washes that have been held at that particular location in that particular calendar year.

8. Such supplemental information requested by the finance department as the finance department may require. The finance department may require that such information be updated during the time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.

D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the finance director in writing thereof prior to five o'clock (5:00) P.M. the day before such change.

E. The application documents shall be available for public inspection. (Ord. 1669 § 1, 6-21-2005) 15-73: ISSUANCE AND FORM OF PERMIT:

A. The finance department shall issue the permit, unless it finds that:

1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so.

2. The applicant has not provided the information required by this article and fails to provide the missing information after being requested to do so.

3. The application indicates that the proposed car wash will violate any of the requirements of this article and the applicant fails to amend the application to indicate compliance with said section after being requested to do so.

4. The number of charitable car washes by the charitable organization applying for said permit exceeds four (4) in a calendar year, or the number of charitable car washes held at a particular location exceeds four (4) per calendar year. The location requirement shall not pertain to licensed commercial car washes.

5. The applicant has violated any of the provisions of this article within one year of the date the application is submitted, resulting in the imposition of a fine or the revocation of a prior permit.

B. Nothing set forth in this article shall be construed as granting to the finance department or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this article.

C. The finance department shall either issue or deny the requested permit within two (2) consecutive business days after the date the application is made. In the event of denial, the finance department shall give the applicant a written notice which states with specificity the reasons therefor. In the event the finance department fails to act within the time prescribed, the permit shall be deemed issued.

D. The permit, if issued, shall include the following information:

1. The name and address of the permit holder;

2. The date for which the permit is valid;

3. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the car wash;

4. A permit number; and

5. The signature of the finance director or his/her designee. (Ord. 1669 § 1, 6-21-2005) 15-74: TERM OF PERMIT:

Permits issued under this article shall be valid only for the date specified in the application for the car wash and as stated on the permit. (Ord. 1669 § 1, 6-21-2005)
15-75: NONTRANSFERABILITY OF PERMIT:

No permit issued under this article shall be transferred or assigned, and any attempt at assignment or transfer shall be void. (Ord. 1669 § 1, 6-21-2005)
15-76: MANNER OF CAR WASH:

A. Car washes held pursuant to permits under this article:

1. Shall take place between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.

2. Shall be conducted for a one day period only.

3. Shall not be conducted by any person under the age of sixteen (16) years, unless supervised by an adult.

4. Shall not be conducted at any house, apartment or other dwelling nor an area zoned for residential use only.

5. Shall be conducted in an area zoned for commercial uses; and such location shall have a means of collecting the wash water and shall discharge the water to the city sewer collection system.

6. Shall use biodegradable soaps or detergents, and shall not violate any of the provisions of chapter 25 of this code, concerning wastewater discharge requirements.

7. Shall have a means in place to limit wastewater or runoff such as pistol grip nozzle or similar apparatus affixed to each garden hose or water source.

8. Shall not allow any person to solicit cars or other contributions from a position in or on any public right of way, including, but not limited to, sidewalks, traffic islands, driveways or the like as to endanger that individual or others.

9. Shall not be conducted at any commercial property which has held four (4) prior car washes in the calendar year (excluding licensed commercial car wash locations).

10. Shall take place at a distance of more than twenty five feet (25') from the street curb, or from the near edge of the travel lane or lanes of any uncurbed street or road.

11. Shall utilize temporary signs, if any signs are utilized, in compliance with the city's applicable regulations concerning temporary signs.

12. Shall not be conducted by a charitable organization which has held four (4) prior car washes in the calendar year. Four (4) applications per tax exempt identification number, and four (4) permits per tax exempt identification number, will be allowed in the calendar year.

B. It is unlawful for a "permit holder", as defined herein, to:

1. Refuse to provide their name and a copy of the permit issued under this article, if requested by city representatives.

2. Misrepresent their identity or the identity of the charitable organization conducting the charitable car wash for which he or she is an agent.

3. Misrepresent that the charitable car wash permit issued under this article is an endorsement by the city, or any department or employee thereof, of the charitable car wash. (Ord. 1669 § 1, 6-21-2005) 15-77: FUNDRAISING AS A BUSINESS:

An organization in the business of fundraising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, must comply with this article. If such an organization is soliciting on behalf of a nonprofit organization, the nonprofit organization shall obtain a permit pursuant to this article. (Ord. 1669 § 1, 6-21-2005) 15-78: REVOCATION OF PERMIT:

Any violation of this article by applicant or permit holder shall be cause for revocation of a permit issued pursuant to this article. Upon determination by an authorized representative of the city that a car wash is being conducted without a valid permit or in violation of the requirements of this article, said unlawful activity shall cease immediately, and all persons associated with said car wash shall be dispersed within one hour after the giving of said notice. Failure or refusal by the charitable organization and/or the owner/sponsor to cause a car wash in violation of these regulations to cease operations, after receiving such notification from the city official, shall constitute a separate violation of this article. Furthermore, any organization that violates this article shall be ineligible for the issuance of a permit for a period of one year. (Ord. 1669 § 1, 6-21-2005) 15-79: VIOLATIONS:

Every person who, for himself or herself, or as the agent of another, commences, engages in or conducts a car wash as provided in this article without procuring the permit as required under this article or who fails to comply with the conditions of this article shall be guilty of an infraction punishable by:

A. A fine not exceeding one hundred dollars ($100.00) for a first violation; B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; and C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. (Ord. 1669 § 1, 6-21-2005)
15-80: CAR WASHING AS A BUSINESS:

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord. 1669 § 1, 6-21-2005) CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Code Enforcement Quarterly Report
SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between October 1, 2023 through December 31, 2023. During the 2nd quarter of fiscal year 2023/2024, each department of the City contributed towards recording 849 code enforcement issues. Of these, 580 were corrected and 269 were continued into the 3rd quarter of 2023/2024 for additional corrective action. The Code Enforcement Division issued 60 Administrative Citations.

At its meeting on July 20, 2021, the City Council reviewed its Ordinance related to the parking and storing of recreational vehicles, boats, and trailers.

During the past quarter, Code Enforcement received thirteen (13) complaints specific to recreational vehicles, boats, and trailers, of which seven (7) had been completed at the time of this report.

RECOMMENDATION: Informational only
ATTACHMENTS: 1. Code Enforcement FY 23-24 Q2
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: Patrice Hildreth, City Manager
Code Enforcement Report, Quarter 2, FY 23-24
Q2 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 26 16 61.54% $100 31 28 0 0 $5,900 Animals- agricultural animals 1 0 0.00% $200 2 6 0 0 $1,600 Animals- barking dogs 10 5 50.00% $500 13 21 0 0 $17,000 Animals- keeping too many or unauthorized species 6 3 50.00% $1,000 12 5 0 0 $17,000 Animals- roosters 2 0 0.00% $2,500 42 0 0 0 $105,000
Building Department/ Permits 17 2 11.76% $5,000 1 0 0 0 $5,000 Business License Inquiries 4 0 0.00% FY 23-24 Total Assesment 101 60 0 0 $151,500 CEO, Building permit check 1 0 0.00%
CEO, Business License 2 2 100.00% Shopping Carts Q1 Q2 Q3 Q4 Total CEO, Shopping Carts 62 62 100.00% Collected 126 106 0 0 232 CEO, Sign Removal 221 221 100.00% Disposed (Lbs.) 700 0 0 0 700 Code Enforcement, General 49 33 67.35%
Community Development, General or MULTIPLE violations 5 2 40.00% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Engineering 5 0 0.00% Voluntary Abatement 40 18 0 0 58
Fences and freestanding walls 1 0 0.00% Certified Voluntary Abatement 0 0 0 0 0 Fire Hazard 4 3 75.00% Towed 5 1 0 0 6
Fireworks 1 0 0.00% Total Vehicles Abated 45 19 0 0 64
Garbage Collection/ Illegal Dumping 19 5 26.32%
Graffiti 12 3 25.00%
Health Hazard 3 1 33.33% Weed Abatement Q1 Q2 Q3 Q4 Total Itinerant Vendor, Solicitor, Peddler 25 24 96.00% Properties Noticed 47 20 0 0 67 Landscaping/trees- private property 5 3 60.00% Completed by Owner 34 13 0 0 47 Meter Request 125 14 11.20% Assigned to Contractor (private) 0 0 0 0 0 Neglected property/trash & debris 7 2 28.57% Completed by Contractor 0 0 0 0 0 Outdoor Storage 3 1 33.33% Admin Citations 11 18 0 0 29 Parks 21 19 90.48%
Police/ Traffic Enforcement 45 35 77.78%
Potholes 9 8 88.89%
Refuse Can Replacement / Repair 10 6 60.00%
Report Leak 27 18 66.67%
Sidewalk Condition 2 0 0.00%
Signs- In Public Right of Way 2 2 100.00%
Signs- Maintenance Issues 1 1 100.00%
Stop Light Issue 13 8 61.54%
Storm Water 3 2 66.67%
Street Light Issue 6 4 66.67%
Street Sweeping 2 2 100.00%
Vehicles- inoperable vehicles 8 4 50.00%
Vehicles- Parked on lawn 5 4 80.00%
Code Enforcement Report, Quarter 2, FY 23-24
Vehicles- RVs/boats/etc 13 7 53.85%
Water Waste 9 8 88.89%
Water Waste Admin Cite 21 21 100.00%
Water Waste NOV 15 15 100.00%
Weed Abatement 20 13 65.00%
Yard Sales, Frequent 1 1 100.00%
Q2 Total 849 580 55.24%
CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Building Permit Activity Quarterly Report FY 2023-2024 (October - December 2023)
SOURCE: Engineering and Project Management
COMMENT: The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of October, November and December 2023. The two main categories include new residential permits issued and new commercial permits issued.
2nd Quarter of FY 2023/2024 compared to 2nd Quarter of FY 2022/2023 New residential permits issued during the 2nd quarter of 2023/24 (22) showed an 8.33% decrease from the 2nd quarter of 2022/23 (24). New commercial permits issued during the 2nd quarter of 2023/24 (3) showed an increase from the 2nd quarter of 2022/23 (0).

Year-to-Date (July 2023 to December 2023)
New residential permits issued this fiscal year (36) are up 2.85% compared to the same period last fiscal year (35). The number of commercial permits issued this fiscal year (4) is up 300% from the same period last fiscal year (1).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Permit Activity - October 2023

2. Building Permit Activity - November 2023

3. Building Permit Activity - December 2023
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Street Performance Measure Quarterly Report FY 2023-2024 (October - December 2023)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide the City Council with an update on progress made on street reconstruction, overlay, micro-surfacing, and pothole repair efforts for the second quarter of FY 2023-2024 (October - December 2023). For Council's information, when reviewing the report, the light blue bar represents staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews have focused mainly on street repairs and pothole repair efforts during this second quarter reporting period. The Main Street Reconstruction Project (Olive Avenue to Morton Avenue) is substantially completed. The Villa Street reconstruction (Olive Avenue to Henderson Avenue) is set to begin construction imminently. Newcomb Street reconstruction (Olive Avenue to Porter Slough), Villa Street reconstruction (Henderson Avenue to Westfield Avenue), Henderson Avenue rehabilitation (Westwood Street to Patsy Street), Union Avenue reconstruction (Westwood Street to Plano Street), Grand Avenue (Fourth Street to Plano Street) and Henrahan Street (Grand Avenue to Morton Avenue) reconstruction, Montgomery Avenue reconstruction (Jaye Street to H Street), and Date Avenue (Jaye Street to H Street) and Kessing Street (Date Avenue to River Avenue) widening are under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. 2023-2024 Level of Service Progress Report 2nd quarter

2. 2023-2024 Level of Service Progress Report 1st quarter Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

CITY OF PORTERVILLE
2023/2024 Level of Service Report 2nd QUARTER REPORT - July 1, 2023 - December 31, 2023 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 23/24: 21,262 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 500 LF of Overlayed Streets
(Length represents street lanes)
2000 LF6000 LF
10000 LF14000 LF18000 LF22000 LF26000 LF
30000 LF34000 LF38000 LF42000 LF48000 LF52000 LF
Total FY 23/24: 48,619 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 23/24: 0 Lineal Feet

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 23/24: 26,095 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 12/31/2023
2nd QUARTER REPORT - July 1, 2023 - December 31, 2023
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2023-2024\2023-2024 Level of Service Progress Report 2nd quarter.xls

CITY OF PORTERVILLE
2023/2024 Level of Service Report 1st QUARTER REPORT - July 1, 2023 - September 30, 2023 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 23/24: 0 Lineal Feet of Street Lanes

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 23/24: 13,984 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 09/30/2023
1st QUARTER REPORT - July 1, 2023 - September 30, 2024
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2023-2024\2023-2024 Level of Service Progress Report 1st quarter.xls Item No.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Golf Course Quarterly Report FY 2023-2024 (October-December 2023) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Golf Course for informational purposes. The report reflects the Second Quarter (October-December) for Fiscal Year 2023-2024.

RECOMMENDATION: Informational only
ATTACHMENTS: 1. Golf Course 2nd Quarter Report
Appropriated/Funded:

Review By:

Department Director:

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

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: City Commission and Committee Attendance Quarterly Report FY 2023-2024 (October - December 2023)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information the attendance reports as of the second quarter FY 2023-2024 for the following City Commissions and Committees:
• Animal Control Commission
• Arts Commission
• Library & Literacy Commission
• Parks & Leisure Services Commission
• Transactions & Use Tax Oversight Committee
• CDBG Advisory & Housing Opportunity Committee
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Animal Control Commission

2. Arts Commission

3. Library & Literacy Commission

4. Parks & Leisure Services Commission

5. Transactions and Use Tax Oversight Committee

6. CDBG Advisory and Housing Opportunities Committee
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Acting Administrative Services Director Final Approver: Patrice Hildreth, City Manager
Animal Control Commission As of December 31 2023
Attendance Records
2023 2023 2023 2023 2023 2023 2023
13-Jul 12-Oct Notes:

Kathy Guinn P A
Jerry Hall P P
Kat Harris P P
Shawn Schwartzenberger P A
Lacy Goodlett P P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2022 2022 2022 2022 2022 2023 2023
May June July 11-Aug 13-Oct 12-Jan 13-Apr Notes:

Kathy Guinn * * * P P P P
Jerry Hall * * * A P P P
Art Duron * * * P
Kat Harris * * * P P P P
Shawn Schwartzenberger * * P A P P
Lacy Goodlett P P P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr Notes:

Florenza Pizanis * * * * * *
Jerry Hall * * * * * *
Kathy Guinn * * * * * *
Kat Harris * * * * * *
Art Duron * * * * * *
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2021 2021 2021 2021
Mar Apr May June July Aug Sept Notes:

Florenza Pizanis P P ** ** P
Jerry Hall P A ** ** A
Kathy Guinn P P ** ** P
Kat Harris P P ** ** P
Art Duron A A ** ** P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.

Arts Commission As of December 31, 2023
Attendance Records
2023 2023 2023 2023 2023 2022 2023 2023
25-Jul 24-Oct
Kyree Perkins * *
Emily Luna * *
Maria Menga * *
Dawn Bennett Vacated seat 7/23
Emilie Dummar *
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2022 2022 2022 2022 2022 2022 2023 2023
Apr May June July Aug Oct Jan April
Kyree Perkins P P P ** P * P P
Emily Luna P P P ** P * P P
Diego Monterrubio A A A ** A * A
Eden Santos A A P ** Vacated seat 8/22
Maria Menga P P P ** P * P P
Dawn Bennett P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2022 2022 2022
Aug Sept Oct Nov Dec Jan Feb Mar
Kyree Perkins *P ** P *P P P P P
Emily Luna *P ** P *P P P P P
Diego Monterrubio *A ** A *A A A A A
Eden Santos *A ** P *A P P A A
Maria Menga ** P *A P P P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2021 2021 2021
Dec Jan Feb Mar Apr May June July
Vacant **
Kyree Perkins *P *P *A **
Emily Luna *P *P *A **
Diego Monterrubio *A *A *A **
Eden Santos *A *A *P **
(Student) vacancy **
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2020 2020 2020 2020 2020 2020 2020
April May June July Aug Sept Oct Nov
Vacant
Kyree Perkins
Emily Luna
Diego Monterrubio
David Mason
(Student) vacancy
No meetings held due to COVID-19.

No meetings held due to COVID.

LIBRARY & LITERACY COMMISSION - Attendance Record As of December 31, 2023 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2023 2023 2023 2023 2023 2023 2023 2024 2024 2024
June July Aug Sept Oct Nov Dec Jan Feb Mar

P P P P
E Resigned 9/23

P P P P

E P E E

P P P P

P P P P
P P
*Attended via Zoom as non-voting member.
2022 2022 2022 2022 2022 2023 2023 2023 2023 2023
Aug Sept Oct Nov Dec Jan Feb Mar Apr May

P P P P E P P P P P
P P E E E P P* A A P

P P P P P P P P P P

P P P P P P P A A P

P P P P P A A P

P P P P P P P P
*Attended via Zoom as non-voting member.
2021 2021 2021 2022 2022 2022 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr May June July

P P P P P P P P

P E P E P P P P

P P P P P P P P

P P P E P P P P
P

P P P P P E P
Irene Ortega
Leslie Pelon
Karen Stover
Catherine May
Esther Figueroa
Edith La Vonne
Patience Christenson
Kim Baumgardner
Susan Uptain
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
Sonya Lopez
Kim Baumgardner
Patience Christenson
Esther Figueroa
Edith LaVonne
Susan Uptain
Fernando Serrano
PARKS & LEISURE SERVICES COMMISSION As of December 31, 2023

ATTENDANCE RECORDS
Parks & Leisure Services Commissioner's Record of Attendance 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P P P E
Diane Graybehl ** ** P P P P
Kieran Daly ** ** P E P E
** ** P P P P
** ** P A
** ** P P P P
** ** P P P P
** ** A P P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2022 2022 2022 2022 2022 2022 2023 2023 2023 2023 2023 2023 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P A P E E P P E P A
Diane Graybehl ** ** E P P P P P E P P E
Kieran Daly ** ** P P A P P P P P E P
** ** P P P P P P P A P P
** ** P P P P P E P P P E
** ** E P P A A P P P P P
** ** P P E P P P E P P P
** ** P A P P P P E A A A
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2021 2021 2021 2021 2021 2021 2022 2022 2022 2022 2022 2022 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P P P ** P E P P P A
Diane Graybehl ** ** P P P ** P P P P P P
Kieran Daly ** ** P P P ** A E P P P P
** ** P P E ** P P P P P P
** ** P P P ** P P P P P P
** ** P P E ** P P P E P P
** ** P P P ** P P P P P P
** P P P ** A P P P P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Arlene Pena
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Arlene Pena
P = Present; E = Excused Absence; A = Absent; T = Tardy Transactions and Use Tax Oversight Committee As of December 31, 2023 Attendance Records
2022 2022 2023 2023 2023 2023
25-Aug 17-Nov 16-Feb 25-May 24-Aug 28-Nov
John Simonich P P A P P A Term expires 5/2026
Margaret Stinson P P P P P A Term expires 5/2024
John Billiou P P A P P P Term expires 5/2026
Jerry Hall P P P P P P Term expires 5/2026
Janice Kovars P P P P P A Term expires 5/2024
Shawn Byars P A P A P P Term expires 5/2026
Joshua Sulier A P P P P P Term expires 5/2024
Angela Dennis P A P A A P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn P P A P A P Apptd 07/19; Term exp 5/2026 Robert K. Falls Sr. A P P P P A Apptd 07/19; Term exp 5/2024 * Meeting cancelled
2020 2020 2021 2021 2021 2022 2022
23-Sep 18-Nov 26-May 25-Aug 17-Nov 24-Feb 19-May
John Simonich P P P P A P P Term expires 5/2026
Margaret Stinson P P P P P P P Term expires 5/2024
Russell "Buck" Fletcher A P P A A A A Term ended
John Billiou P P P P P P P Term expires 5/2026
Jerry Hall A P A A P P P Term expires 5/2026
Janice Kovars P P P P A P P Term expires 5/2024
Shawn Byars P A P P P P P Term expires 5/2026
Joshua Sulier P P P P P P P Term expires 5/2024
Angela Dennis P P P P P Apptd 12/20; Term exp 5/2024
Rae Dean Strawn Apptd 07/19; Term exp 5/2026
Robert K. Falls Sr. Apptd 07/19; Term exp 5/2024
* Meeting cancelled
2018 2019 2019 2019 2019 2019 2020
13-Nov 9-Jan 12-Feb 28-May 27-Aug 6-Nov 26-Feb
John Simonich A P A P A A *
Margaret Stinson P P P A P P *
Russell "Buck" Fletcher P P P P P P *
John Angell A A A P P P *
Mike Boudreaux Sr. A P P P P A *
Virginia Gurrola P P P A
John Billiou P P A P P P *
Jerry Hall P P P P P P *
Janice Kovars P P P P P P *
Shawn Byars P P P P P P *
Joshua Sulier P *
* Meeting cancelled
CDBG Citizens' Advisory and Housing Opportunity Committee As of December 31, 2023 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022 2/28/2023 Pat Contreras P P P P
Linda Mendez P P P A
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A A
Isabel Olmos P P
Rebecca Contreras P P
Yalimar Garcia P
Jacqueline Verduzco Alanis P
* No meeting was held due to COVID.

Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/27/2015 3/28/2016 3/1/2017 2/28/2018 2/26/2019 Pat Contreras P A P P P
Linda Mendez P A P P A
Grace Munoz-Rios P P P P P
Doug Heusdens P P P P A
Rebecca Vigil P P A P P
Kelle Jo Lowe P P P P P
Maria Gonzalez P A P P P
Year Originally Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 3/14/2011 3/12/2012 3/11/2013 3/10/2014 Pat Contreras 1988 P P P P
Linda Olmedo 1997 P P P P
Grace Munoz-Rios 1992 P P P A
Doug Heusdens 2012 N/A P P P
John Dennis 1998 P P A P
Rebecca Vigil 2008 P P A P
Kelle Jo Lowe 2009 P P P P
This Committee typically meets on an annual basis in February or March.

Item No.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: City Council Member Appointments Attendance Quarterly Report FY 2023- 2024 (October - December 2023)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed that staff prepare a quarterly report on Council Member attendance at meetings of boards and committees to which Council Members are appointed. This report represents attendance at meetings during the second quarter of FY 2023-2024 (October through December 2023).

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Quarterly Report (October - December 2023) Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
Committee/Board Member/Alternate October November December Ad Hoc Committee- COVID-19 Kellie Carrillo-Member
Greg Meister - Member
Ad Hoc Committee - General Plan Don Weyhrauch - Member
Kellie Carrillo - Member
Ad Hoc Committee - Military banner Kellie Carrillo 10/10 P Ad Hoc Committee - Proposition 64 Don Weyhrauch - Member Regulation of Marijuana Raymond Beltran - Member
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member 11/16 P Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Raymond Beltran - Member
Council of Cities Martha Flores - Member
Greg Meister - Member
Eastern Tule Groundwater Don Weyhrauch - Member 11/2 P 12/7 P Sustainability Agency JPA (ETGSA) Michael Knight-Alternate 10/5 P Internal City Audit Committee Martha Flores - Member 10/25 P Kellie Carrillo - Member 10/25 P
Joint City/School District Committee Kellie Carrillo - Member Greg Meister - Member
Raymond Beltran - Member 11/8 P 12/6 P
Claudia Calderon -Alternate
Mighty190 Committee Kellie Carrillo - Member
Greg Meister - Member
Don Weyhrauch - Member 10/27 P
Raymond Beltran - Member 10/27 P 11/17 P
PDC Advisory Board John Lollis - Member
Mayor - Alternate
San Joaquin Valley Special City Selection Don Weyhrauch - Member Committee Greg Meister - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member 11/3 P Martha Flores - Member 10/16 P 11/18 P 12/16 P
Greg Meister - Alternate
Martha Flores - Member 12/11 P
Asst. City Manager Ridenour 10/12 P
Tulare County City Selection Mayor - City Member
Committee Designee - Alternate
Martha Flores - Member 10/25 P
John Lollis - Alternate
Don Weyhrauch - Member 11/15 P 12/18?
Raymond Beltran - Alternate
City Manager Lollis 10/16 P
Tulare County Taskforce on Homelessness Martha Flores - Member 10/18 P 11/15 P Claudia Calderon - Alternate
Tule River Improvement JPA Don Weyhraruch - Member 10/2 P Michael Knight - Alternate
P = Present A = Absent
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development Corporation
(TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments (TCAG) -
Sustainable Corridors Committee
City Council Attendance - FY 2023-2024 Second Quarter Report October 1, 2023 through December 31, 2023
Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee
(LINC)
Item No. 1.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Authorization to Repair City Well No. AP-2
SOURCE: Public Works
COMMENT: The City of Porterville's Well No. AP-2, located on the east side of West Street, north of Edison Court, has experienced an operational failure to the variable frequency drive. The demand for the water system depends on all wells being operational, making it imperative that the operation of Well No. AP-2 be restored. Failure to correct this issue would affect the city’s overall water system pressure and production capabilities.

In an effort to secure the services of a pump repair company, three (3) bids were requested, and three (3) bids were received from these local pump repair companies:

Company Total
Mario Sagredo Electrical Inc $13,643
Telstar Instruments $14,023
Blair Electric Services Inc $16,767
Mario Sagredo Electrical was the lowest bidder to respond. In addition, they are immediately available to start correcting all issues at City Well No. AP-2, at a cost not to exceed $14,999 (inclusive of all parts, taxes, labor, and contingencies). The total repair cost will be funded by the Water Operating Fund.

RECOMMENDATION: That City Council:

1. Direct the Finance Director to initiate a Purchase Order to Mario Sagredo Electrical for an amount not to exceed $14,999 (inclusive of all parts, taxes, labor and contingency) for the repair of City Well No.AP-2; and

2. Direct the Finance Director to make payment to Mario Sagredo Electrical upon receipt of the invoice approved by the Public Works Director.

ATTACHMENTS: 1. City Well No. AP 2 Location Map

2. Mario Sagredo Electrical Inc. Quote

3. Telstar Instruments Quote

4. Blair Electric Services Inc. Quote
Item No. 1.

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: Patrice Hildreth, City Manager
AIRPORT WELL-2

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 LOCATOR MAP

TEAPOT DOME AVE
WEST ST ROAD 224

PORTERVILLE FAIR

GROUNDS

W EDISON CT

Item No. 2.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Authorization to Distribute a Request for Proposals for Art Component of Santa Fe Byway Project
SOURCE: Community Development
COMMENT: The California Department of Transportation (Caltrans) developed the Clean California Local Grant Program through which funds will go to local communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers. In 2022, the City of Porterville was successful in securing a Clean California grant award in the amount of $3,601,826 for the Santa Fe Byway Project. The project consists of improvements to 1.3 miles of the Rails to Trails Parkway between Henderson Avenue (to the north) and E Walnut Avenue (to the south), to attract users to the trail and provide a comfortable public space for walking and recreation. The improvements to the trail include: the replacement of dead trees, bollards, and existing fencing on the pedestrian bridge; installation of drought tolerant landscaping, solar lighting, refuse receptacles, playground and outdoor fitness equipment, seating, drinking fountains, a picnic shelter, bicycle repair station, guide fencing, wayfinding signage, trail surface improvements, and a designated park-and-walk; graffiti removal; and community outreach and education campaigns. Additionally, there is an art component of the project that consists of two (2) art installations (sculpture/statue) adjacent to the trail that will be designed, fabricated, and installed by the artists/artist teams/firms.

At this time, staff is seeking authorization to distribute a Request for Proposals for the purpose of selecting qualified artists and artist teams/firms to deliver only the public art component of the Santa Fe Byway Project, as the construction component is currently out to bid.

RECOMMENDATION: That City Council authorize staff to distribute a Request for Proposals for the public art component of the Santa Fe Byway Project in the general area on the Rails to Trails Parkway between Henderson Avenue (to the north) and E Walnut Avenue (to the south).

ATTACHMENTS: 1. RFP - Public Art Opportunity Santa Fe Byway Appropriated/Funded:

Review By:

Department Director:

Item No. 2.

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager

REQUEST FOR PROPOSALS
Public Art Opportunity – Santa Fe Byway
January 2024
PREPARED BY:

ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
January 2024
I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of proposals (SOPs) from qualified artists and artist teams/firms (hereinafter referred to as Artist for the purpose of designing, fabricating and installing up to two (2) separate art pieces/components along the City’s Santa Fe Byway Trail; a project funded by the Clean California Grant. The final design will need to comply with the deliverables of the grant application and final installation would need to be complete by June 30, 2024.

The City art pieces are preferred to be original and keeping with the importance of the history of the area and community. The pieces shall be durable and low-maintenance outdoor public artwork suitable for placement on city-owned property. The City will review the complete SOPs submitted and will award the contract to execute the public art either to two separate Artists with each of them completing one art piece or to one Artists to complete both art pieces.

This document identifies the general project scope and procedures for Artist involvement in this process. Responding Artist s must have relevant experience and the ability to provide the requisite professional services.

II EXAMINATION OF SOP DOCUMENTS:

By submitting an SOP, each Artist represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the objectives of CITY.

III ADDENDA/CLARIFICATIONS:

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

IV SOP REQUIREMENTS:

SOPs for this project will be accepted at this office until 4:00 p.m., on Monday, March 11, 2024.

Three (3) copies of the SOP shall be submitted in a sealed envelope, plainly marked “Statement of Proposals for Public Art Opportunity – Santa Fe Byway”. Cost proposals shall not be submitted until requested by the CITY. SOPs shall be addressed to:

Luisa Zavala, Admin Analyst II
Community Development Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all SOPs, which do not meet the requirements of this RFP and/or any portion of the requirements of this project.

V PRE-CONTRACTUAL EXPENSES:

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

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

VI EXCEPTIONS/DEVIATIONS:

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

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

VIII LOCAL AGENCY REPRESENTATIVE:

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

IX INSURANCE REQUIREMENTS:

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

X INDEMNIFICATION:

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

XI SUBCONTRACTING:

Only those Artists identified in the Contract as subcontractors or sub-Artist shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime Artist to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.

XII FEDERAL, STATE, AND LOCAL LAWS:

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

XIII SOP EVALUATION CRITERIA:

This RFP does not require a site-specific proposal and, as such, an important component of the selection process will include an initial review by City staff to evaluate the feasibility of artwork from a technical, legal and liability perspective. Evaluation criteria used to select the Artist shall also include, but not be limited to, the following:

A. Transmittal Letter/Artist info sheet;
B. Artistic merit and originality (describe in a few paragraphs your interest in the project and preliminary ideas for how you would approach this project:

C. Experience creating artwork for public spaces, preferred but not required; D. If the proposal has technical design parameters, the ability to successfully execute; E. Track record working within a timeline and budget;
F. Availability and ability to work for the term of the project; G. Policy in providing Equal Employment Opportunity; and H. Artist (s) approach to provide the best product for CITY.

XIV ARTIST SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all SOPs and rank Artists according to their demonstrated competence and professional qualifications as assessed by their response to this RFP. The top three (3) highest ranked Artist(s) may be invited for oral interviews with CITY team to determine the top rated Artist. However, in the event one or two proposals are clearly superior to all other proposals, The City of Porterville reserves the right to eliminate the oral interview process and present their recommendation to the City Council based solely on the proposals. The Engineering & Project Management Director shall make a recommendation to the City Council to award a contract to the top rated Artist.

The City Council, at its sole discretion, may choose to accept staff’s recommendation, or may choose to award a contract to another consulting Artist, or may choose not to award a contract as this time. The Contract will be a written Service Agreement between the Artist and the City setting forth the scope of work, responsibilities, deliverables, schedule, ownership of work, insurance requirements, compensation, method of payment, and other points. A sample Service Agreement is included in this RFP package. Please indicate on the transmittal letter the Artist’s ability to comply with the Service Agreement provisions, including insurance coverage.

Interviews are tentatively scheduled for March 15, 2024. Each participating Artist will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

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

XVI CONTRACTS/AGREEMENTS:

The successful Artist shall enter into upcoming Contracts with CITY that are based on the contents of this RFP, the Artist's SOP and cost proposal, and CITY Contract. Where two or more Artists desire to submit a SOP (joint venture), only one Artist shall be listed as prime Artist. All others shall be listed as sub-Artists. The chosen Artist is expected to be presented at the City Council meeting scheduled for Tuesday, March 19, 2024. Issuance of this RFP and receipt of SOPs does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all SOPs received in response to this RFP, and cancel any or all portions of this RFP and resulting Contract.

XVII COMPENSATION:

A. All items of work required for completion of the project/s to result from this RFP shall be paid for following the cost proposal format specified in each task order request. Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in Artist's SOP), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFP. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.

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

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

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

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

XIX SOP FORMAT AND CONTENT:

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

A. Artist Experience:

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

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

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

B. Artist/Artist Team:

Name of prime consulting artist, sub-artists(s), other individuals that would be assigned to the project and their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The Artist's Project Manager and key personnel will be an important factor considered by CITY.

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

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

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

C. SOP Format:

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

2. SOPs should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Section dividers with tabs, if applicable;
d. Identification of offering artist, including name, address, and telephone number of each Artist;
e. Prime ARTIST organizational chart, which includes all names and titles of personnel to be used for this project;
f. Acknowledgment of receipt of RFP addenda, if any;
g. Concise, complete response addressing each of the items, ‘a’ through ‘g’, as shown in Section XIII of this document; and
h. Exceptions to or deviations from the requirements of this RFP, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the Artist shall be thoroughly explained and shall meet the objectives of CITY.

CITY OF PORTERVILLE
REQUEST FOR PROPOSALS (RFP) FOR PUBLIC ART OPPORTUNITY – SANTA FE BYWAY The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of proposals (SOPs) from qualified artists and artist teams/firms (hereinafter referred to as Artist for the purpose of designing, fabricating and installing up to two (2) separate art pieces/components along the City’s Santa Fe Byway Trail; a project funded by the Clean California Grant. The final design will need to comply with the deliverables of the grant application and final installation would need to be complete by June 30, 2024.

This document identifies the general project scope and procedures for Arist involvement in this process. Responding Artite must have relevant experience and the ability to provide the requisite professional services.

SCOPE OF DESIGN SERVICES:

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

1. Meet with City staff to confirm a draft concept and site prior to finalizing the site-specific concept(s). Once confirmed, the Porterville City Council will review and authorize final design.
a. Artist will fabricate and install the artwork(s) within the agreed-upon time frame and budget. The City may choose to hold a ceremony to unveil the public art piece upon installation, which the Artist would be expected to attend. b. Agreed upon pricing shall include all Artist fees, design fees, travel expenses, fabrication cost, insurance costs, site-preparation costs and engineering expenses (if necessary), shipping and transportation, installation, any applicable permit fees, any costs associated with the development of site-specific concept(s), and any other expenses related to the artwork.
c. The artwork and all rights to it shall be owned by the City, other than the rights accorded the artist by the Federal Visual Artists’ Rights Act and California Art Preservation Act.

2. Coordinate early consultation and ongoing meetings with City staff and staff at other agencies.

3. Prepare the “Drawings of Record” and furnish the City with a digital set for the record.

4. Provide other consulting services as available through the selected firm.

DESIRABLE QUALIFICATIONS OF THE ARTIST:

The City is seeking a qualified Artist to provide plans, specifications, and related documentation for grant funded community art pieces. The desired Artis shall have the following qualifications:

1. Experience designing and creating artwork for public spaces and other experience relevant to this type of project.

2. The Consultant’s proven ability to expeditiously and accurately produce and install the required product in a concise and professional manner.

3. The “Artist team” should be comprised of professionals with the requisite expertise to prepare complete artwork for public spaces.

4. The “Artist team” should have a track record working within a time line and budget.

LOCAL AGENGY RESPONSIBILITIES:

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

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

The CITY’s Contract Administrator shall be responsible for the following:
o Serve as the CITY’s primary contact person for the Artist o Monitor the Artist’s progress and provide direction
o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the Artist’s progress payments
o Identify other CITY personnel for Artist to contact, if needed All records and documentation produced by the Artist become property of the CITY.

Rev. 2013-02-19

SERVICE AGREEMENT
DATE:

PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and (insert name), hereinafter referred to as "CONSULTANT".

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

Project Name:

Description of Project: In general, Consultant to provide (plans and specifications) (services) for the (proposed project). Details are summarized in the Scope of Services as Attachment “A”.

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

SECTION 1. CONTRACT SERVICES:

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

SECTION 2. PAYMENT:

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

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

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

SECTION 3. COMPLETION DATE:

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

SECTION 4. FAMILIARITY WITH PROJECT:

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

SECTION 5. INDEPENDENT CONTRACTOR:

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

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

Page 2 of 3 ends

injuries to third parties, including employees of CITY and CONSULTANT. (v) To the fullest extent permitted by law, and subject to California Civil Code Sec 2782.8, CONSULTANT agrees to indemnify, including cost to defend, City, its elected and appointed officers and employees, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of City; and does not apply to any passive negligence of the City unless caused at least in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, if one or more defendant/s is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs and reallocate as allowed by law or stature. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

SECTION 6. WORKMANSHIP AND MATERIALS:

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

SECTION 7. ASSIGNMENT OF CONTRACT:

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

SECTION 8. AFFIRMATIVE ACTION.

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

SECTION 9. CONFLICT OF INTEREST CODE:

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

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

SECTION 10. TERMINATION:

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

Service Agreement

Page 3 of 3 ends

SECTION 11. ENTIRE CONTRACT:

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

SECTION 12. DISPUTES; VENUE:

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

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

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

CITY OF PORTERVILLE CONSULTANT
By By

Date Date
Item No. 3.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Thurman Avenue & Third Street Storm Drain Project SOURCE: Engineering and Project Management
COMMENT: The Thurman Avenue and Third Street Storm Drain Project is underway and approximately seventy-five percent (75%) completed. The project includes the construction of approximately 1500 lineal feet of storm drain piping, connection to existing storm drain manholes, construction of new storm drain manholes, trench patching, and related appurtenances. There have been unforeseen circumstances during underground construction that have created change order work beyond the original contract and created significant delays.

The unforeseen circumstances include large amounts of concrete being found in the area of the storm drain installation that had to be cut through as well as materials that would not reach the required compaction values and as such, had to be hauled away and backfilled with new material. Neither of these issues were indicated in the project boring reports for the area. In addition, it was determined that approximately two hundred (200) lineal feet of sewer main had collapsed and the size and breadth of the necessary repairs are beyond the capabilities of our City staff and their equipment. In an effort to expedite the repairs, and limit the amount of times that City staff would have to pump the sewer material from the area, staff requested a quote from the contractor on this project, 99 Pipeline Inc., to complete the sewer repairs in addition to their current contract.

The approved contingency for this project is $67,671 and the change order work created by the unforeseen circumstances exceeds that amount by $418,000. The quote for the additional work to remove and replace the two hundred (200) lineal of collapsed sewer line is $121,000 for a total of $539,000 in additional funding needed. An appropriation in the amount of $418,000 from Local Transportation Funds (LTF) and an appropriation in the amount of $121,000 from Sewer Revolving Fund (SRF) is needed to compete the project.

Staff has found the quotes for the additional work acceptable.

RECOMMENDATION: That the City Council:

1. Authorize an appropriation in the amount of $418,000 from Local Transportation Fund (LTF); and

2. Authorize an appropriation in the amount of $121,000 from the Sewer Revolving Fund (SRF).

Item No. 3.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

PORTER SLOUGH
ORANGE AVE.A STREET B STREET C STREET
ORANGE AVE. HOCKETT ST. D STREET
MAPLE ST.

VINE AVE.

WALNUT AVE.

ORANGE AVE.

WILLOW ST. FIG ST.

GARDEN AVE.

OAK AVE.

MILL AVE. SECOND ST. THIRD ST. FOURTH ST. KESSING ST. G ST. H STREET KESSING ST.

WILLOW AVE.

CHERRY AVE.

PUTNAM AVE. DIVISION ST.

THURMAN AVE.

CLEVELAND AVE.

HARRISON AVE. E STREET HOCKETT ST. D STREET G STREET F STREET GARDEN ST.

OAK AVE. CONLEY ST. PEARSON AVE. HENRAHAN ST. FOURTH ST. THIRD ST.

SCHOOL AVE.

BELLEVIEW AVE.

NORTH AVE.

DORIS AVE. E STREET EL GRANITO AVE. HAWAII AVE. LIHU AVE. PALM AVE.

LLEVIEW AVE.

KANAI AVE. MAIN ST. MAIN ST. JAYE ST. JAYE ST. JAYE ST
OLIVE AVE.

OLIVE AV
TON AVE.
pot hole location
pot hole location
PUTNAM AVE.
olive Ave.

CLEVELAND AVE.

GRAND AV
GRAND AVE.

MORTON AVE.

CITY OF PORTERVILLE

ENGINEERING DIVISION
291 NORTH MAIN STREET
PORTERVILLE, CA. 93257
(559) 782-7462
N
O R T
H

PROJECT
LIMITS

PROJECT
LIMITS
Item No. 4.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Authorization to Procure Labor and Materials Through an Open Market Process to Complete the City Pool Improvements Project
SOURCE: Engineering and Project Management
COMMENT: On November 21, 2023, City Council approved the distribution of a Request for Qualifications (RFQ) for the City Pool Improvements Project. Advertisements for the RFQ were published on December 16, 2023, and links were posted and available on the City website and through publicpurchase.com with Statements of Qualifications (SOQs) being accepted until 4:00 pm on January 12, 2024.

Staff did not receive any SOQs for this work. The nature and required qualifications for the work make it difficult to obtain formal submittals from contractors. The needed repairs to the City pool include replastering, replacing the tiles, replacing the anti-entrapment pool drain cover, replacing the onemeter diving board/tower and related foundation as needed, repairing the buckets water feature, replacing deck drains and resurfacing the related areas, and replacing the gutters. The needed repairs should be completed as soon as possible to ensure that the pool can operate safely in the seasons to come.

Section 61 of the City Charter allows the City Council to readvertize for bids, or by a four-fifth (4/5) vote of all of its members, determine and declare that the work in question may be more economically or satisfactorily performed by day labor, or the labor or materials purchased at a lower price in the open market, and after the adoption of a resolution to this effect, it may proceed to have the same done in the manner stated without further observance of the foregoing provisions of this section. City staff has prepared such a resolution so that the necessary steps may be taken to complete the proposed work at the City pool in a timely manner.

The adopted Fiscal Year 2023-2024 Capital Improvement Projects list includes $350,000 from the General Fund Facility Deferred Maintenance Designated Fund for the pool tiles and replastering portion of the project.

RECOMMENDATION: That the City Council:

1. Adopt the Resolution Authorizing the Procurement of Bids through an Open Market Process for the City Pool Improvements Project; and

2. Authorize staff to make payments up to 100% upon
satisfactory completion of all work.

ATTACHMENTS: 1. Draft Resolution
Item No. 4.

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. _____ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE PROCUREMENT OF LABOR AND MATERIALS THROUGH

AN OPEN MARKET PROCESS FOR THE CITY POOL IMPROVEMENTS PROJECT WHEREAS: the “City’s” pool is in need of repairs to ensure its safe operation in the seasons to come;
WHEREAS: the “City” has attempted to procure bids to design and install the needed improvements through a competitive process as required by Section 61 of the City Charter; and WHEREAS: the “City” did not receive any contractor responses for the needed City pool improvements;
WHEREAS: readvertising for bids is not anticipated to generate an improved response from the previous formal process due to the nature of the project; and WHEREAS: Section 61 of the City Charter allows the City Council to declare by a four-fifths (4/5) vote of all its members that the work in question may be more economically or satisfactorily performed by day labor, or the labor or materials purchased at a lower price in the open market and after the adoption of a resolution to this effect it may proceed to have the same done in the manner stated without further observance of the foregoing provisions of this section.

NOW, THEREFORE, BE IT RESOLVED, ORDERD and FOUND by the City Council of the City of Porterville, State of California, that City Staff may seek labor and materials through an open market process directly from at least three (3) contractors for the project and shall proceed with contracting to have the work completed. as follows:

BE IT FURTHER RESOLVED that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof.

PASSED, ADOPTED AND APPROVED this 6th day of February, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: Fernando Gabriel-Moraga, Acting Chief Deputy City Clerk

Item No. 5.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Authorization to Use General Fund - Animal Shelter SOURCE: Engineering and Project Management
COMMENT: At its meeting on September 6, 2022, the City Council authorized the award of the Animal Shelter Project. Funding sources for the project include the American Rescue Plan Act (ARPA), proceeds from anticipated Land Sale Revenue, Donations, Measure H Funds, Local Transportation Funds (LTF) for the D Street Improvements portion, and Measure R Alternative Transportation (AT) Funds for the dog park portion of the project. The project is nearing completion but in need of adjustments to the funding sources for accounting purposes until such time that the Animal Shelter in Lindsay is vacated, and the property sold, as well as if anticipated donations are received.

Staff respectfully requests that the funding sources of $500,000 from anticipated Land Sale Revenue and $1,300,000 in Donations currently allocated be funded by the City's Capital Construction/Improvement Designated Fund with anticipated donations and revenue from the land sale of the Animal Shelter in Lindsay being planned for reimbursement to said fund.

RECOMMENDATION: That the City Council approve the draft resolution authorizing an appropriation of $1,800,000 from the Capital
Construction/Improvement Designated Fund to fund the project with the proceeds from the land sale of the Animal Shelter in Lindsay and anticipated donations being planned for
reimbursement to said fund.

ATTACHMENTS: 1. Draft Resolution

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. _____ - 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE GENERAL FUND TO

FUND THE CONSTRUCTION OF THE ANIMAL SHELTER
WHEREAS: The City of Porterville Municipal Code Section 2-31.4, established the Capital Construction / Improvement Designated Fund for the exclusive purpose of providing funds to support new capital construction and/or improvement projects; and WHEREAS: The construction of the new Animal Shelter will provide a safe and humane service to the displaced animals within the City; and WHEREAS: The City anticipates donations for the completion of the Animal Shelter Project as well revenue from the sale of the existing Animal Shelter in Lindsay; NOW, THEREFORE, BE IT RESOLVED:

1.That the City Council of the City of Porterville make a finding that the completion of the Animal Shelter is necessary and benefits the community, and is within the intent and purpose of the Capital Construction / Improvement Designated Fund;

2.That the City Council of the City of Porterville does hereby approve and authorize the appropriation of $1,800,000 from the Capital Construction / Improvement Designated Fund for the construction of the Animal Shelter; and

3.That the City Council of the City of Porterville does hereby authorize the replacement of these funds with the anticipated future donations to the Animal Shelter as well as proceeds from the sale of the existing Animal Shelter in Linday.

PASSED, APPROVED and ADOPTED this 6th day of February, 2024.

Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By:

Fernando Gabriel-Moraga, Acting Chief Deputy City Clerk Mill Ave
Cherry Ave
Oak Ave
Division St
Cleveland Ave
Willow Ave
E
St
D
St
Putnam Ave
H
o
ckett St
M
ain
St
Porterville Animal Shelter
185 North D Street
Project Locator Map
Project
Location
Item No. 6.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial status reports to be provided to City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommended change in submittal of the interim financial status reports and established requirements and parameters in the presentation of the reports.

In accordance with Council Minute Order No. 10-011607, the financial status reports for the quarter ending December 31, 2023, are submitted RECOMMENDATION: That the City Council accept the Financial Status Reports as presented.

ATTACHMENTS: 1. Quarterly Financial Status Reports as of December 31, 2023 Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Accountant
Final Approver: Patrice Hildreth, City Manager
2023-2024 2023-2024 2022-2023 2022-2023
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE PROPERTY TAXES $ 8,970,000 $ 4,873,529 54.33% $ 8,373,700 $ 4,520,051 53.98% OTHER TAXES:

SALES AND USE TAX 8,390,000 2,709,741 32.30% 8,361,626 2,913,459 34.84% UTILITY USERS TAX 5,700,000 2,558,711 44.89% 4,600,000 2,600,236 56.53% TRANSIENT OCCUPANCY TAX 785,000 210,133 26.77% 840,000 237,739 28.30% PROPERTY TRANSFER TAX 100,000 35,728 35.73% 120,000 45,867 38.22% FRANCHISE TAX 1,841,134 544,863 29.59% 1,661,134 551,337 33.19% SALES TAX - PUBLIC SAFETY 400,000 170,910 42.73% 300,000 184,653 61.55% PAYMENT IN LIEU OF TAXES 676,084 156,513 23.15% - - -
LICENSES AND PERMITS:

BUSINESS AND OTHER LICENSES 1,055,000 432,851 41.03% 511,300 313,210 61.26% CONSTRUCTION PERMITS 655,000 344,455 52.59% 750,000 307,449 40.99% REVENUE FROM AGENCIES-TAXES:

VEHICLE LICENSE FEES 65,000 - - 68,000 - -
OTHER TAXES 21,000 - - 22,000 - -
REVENUE FROM AGENCIES-GRANTS 13,646,311 44,825 0.33% 167,538 50,963 30.42% USE OF MONEY AND PROPERTY 622,920 568,062 91.19% 304,000 193,372 63.61% FINES AND FORFEITURES 24,500 9,037 36.89% 32,500 13,113 40.35% CHARGES FOR SERVICES:

PLANNING AND ENGINEERING 123,000 47,642 38.73% 123,000 66,215 53.83% POLICE 505,000 253,779 50.25% 351,500 123,759 35.21%
FIRE 66,500 134,483 202.23% 40,500 60,203 148.65%
LIBRARY 12,000 9,619 80.16% 10,000 5,901 59.01%
RECREATIONAL 300,521 273,766 91.10% 3,098,755 695,387 22.44% INTERDEPARTMENTAL 2,500,000 1,391,341 55.65% 2,600,000 1,434,762 55.18% OTHER 77,454 37,262 48.11% 48,636 36,320 74.68%
OTHER REVENUES 153,000 395,797 258.69% 71,000 47,204 66.48% SUBTOTALS $ 46,689,424 $ 15,203,048 32.56% $ 32,455,189 $ 14,401,199 44.37% OPERATING TRANSFERS 1,404,053 638,677 45.49% 1,502,140 549,264 36.57% DEBT SERVICE TRANSFERS 195,300 99,026 50.70% 269,264 152,731 56.72% TOTALS $ 48,288,777 $ 15,940,750 33.01% $ 34,226,593 $ 15,103,193 44.13%

CITY OF PORTERVILLE

REVENUE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
DECEMBER 31, 2023 AND DECEMBER 31, 2022
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000

PROPERTY TAXES SALES & USE TAX UTILITY USERS TAX LICENSES AND

PERMITS OTHER TAXES OTHER REVENUES OPERATINGTRANSFERS CHARGES FORSERVICES City of Porterville
General Fund Revenues
Periods Ended December 31, 2023 and December 31, 2022
23-24 22-23 PROPERTY TAXES 30%

SALES & USE TAX
18%

UTILITY USERS TAX
16%
LICENSES AND PERMITS 5%
OTHER TAXES 6%
OTHER REVENUES 6%
OPERATING TRANSFERS 5%
CHARGES FOR SERVICES 14%
City of Porterville
General Fund Revenues
Period Ended December 31, 2023
2023-2024 2023-2024 2022-2023 2022-2023
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND APPROP
LEGISLATIVE:

CITY COUNCIL $ 288,950 $ 55,156 19.1% $ 222,917 $ 130,138 58.4% COMMUNITY PROMOTION 344,333 192,360 55.9% 330,952 126,914 38.3% EMERGENCY - LIBRARY 272,900 83,877 30.7% 336,105 98,334 29.3% EMERGENCY - STORMS 135,700 147,992 109.1% - - -
ADMINISTRATIVE & LEGAL: -
CITY MANAGER 487,770 256,114 52.5% 398,209 228,080 57.3% CITY CLERK 328,130 157,316 47.9% 243,704 159,023 65.3%
HUMAN RESOURCES 458,284 207,987 45.4% 435,747 251,745 57.8% CITY ATTORNEY 200,000 33,552 16.8% 225,000 45,140 20.1% FINANCE:

FINANCE & ACCOUNTING 1,340,386 588,246 43.9% 1,194,568 520,085 43.5% INFORMATION SERVICES 678,928 294,203 43.3% 683,476 313,587 45.9% ADMINISTRATIVE SERVICES 376,694 170,921 45.4% 323,154 156,922 48.6% POLICE PROTECTION 12,166,426 5,405,411 44.4% 10,958,716 4,925,039 44.9% FIRE PROTECTION 5,035,134 2,523,963 50.1% 4,661,381 2,382,470 51.1% COMMUNITY DEVELOPMENT:

PLANNING & ZONING 808,063 307,118 38.0% 742,784 332,074 44.7% ECONOMIC DEVELOPMENT 528,208 208,151 39.4% 493,042 223,897 45.4% PUBLIC WORKS:

ENGINEERING & BUILDING 1,985,770 982,530 49.5% 1,687,371 843,645 50.0% STREET MAINTENANCE 665,102 305,708 46.0% 546,410 292,235 53.5% SIGNALS, SIGNING & STRIPING 391,661 122,017 31.2% 301,459 175,427 58.2% STREET LIGHTING 637,951 292,827 45.9% 539,518 222,761 41.3% STORM DRAINS 95,474 41,341 43.3% 92,585 32,978 35.6%
PARKING LOTS 86,951 33,124 38.1% 68,209 34,441 50.5%
PARKS & LEISURE:

PARK MAINTENANCE & OPERATION 2,789,869 1,359,717 48.7% 2,624,504 1,392,251 53.0% STREET TREES & PARKWAYS 304,479 97,752 32.1% 234,169 120,649 51.5% COMMUNITY CENTERS - - - 96,217 1,356 1.4%
LEISURE SERVICES 440,937 183,171 41.5% 392,434 210,593 53.7% LEISURE SERVICES - SPECIAL PROG 449,336 340,470 75.8% 2,953,842 1,216,446 41.2% SWIMMING POOL 258,832 140,795 54.4% 173,950 130,617 75.1% LIBRARY OPERATIONS 873,445 338,297 38.7% 825,889 323,031 39.1% SPECIAL PROJECTS 37,955 9,780 25.8% 36,506 19,093 52.3%

SUB TOTALS 32,467,668 14,879,896 45.8% 31,822,818 14,908,970 46.8% OPERATING TRANSFERS 79,000 34,500 43.7% 79,000 34,500 43.7% DEBT SERVICE 1,626,622 817,314 50.2% 1,596,469 802,033 50.2%

$ 34,173,290 $ 15,731,710 46.0% $ 33,498,287 $ 15,745,503 47.0%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
December 31, 2023 AND DECEMBER 30, 2022
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
$5,500,000
$6,000,000

LEGISLATIVE ADMINISTRATIVE & LEGAL FINANCE FIRE PARKS & LEISURE POLICE COMMUNITY DEVELOPMENT PUBLIC WORKS OPERATING

TRANSFERS DEBT SERVICE
City of Porterville
General Fund Expenditures
Periods Ended December 31, 2023 and December 31, 2022
23-24 22-23
LEGISLATIVE 3%
ADMINISTRATIVE & LEGAL 4%
FINANCE 7%
FIRE 17%
PARKS & LEISURE 17%
POLICE 36%
COMMUNITY DEVELOPMENT 4%
PUBLIC WORKS 12%
OPERATING TRANSFERS 0%
City of Porterville
General Fund Expenditures
Period Ended December 31, 2023

CITY OF PORTERVILLE

REVENUE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
DECEMBER 31, 2023 AND DECEMBER 31, 2022
2023-2024 2023-2024 2022-2023 2022-2023
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE MEASURE H SALES TAX $ 5,485,500 $ 1,896,308 34.6% $ 5,460,597 $ 1,939,000 35.5% MEASURE I SALES TAX 10,974,000 3,870,701 35.3% 10,741,776 3,898,214 36.3% AMERICAN RESCUE PLAN ACT 8,308,913 1,519,433 18.3% 11,113,000 2,609,831 23.5% SPECIAL GAS TAX 4,704,338 2,173,320 46.2% 4,757,438 1,949,214 41.0% LOCAL TRANSPORTATION FUNDS (LTF) 27,290,500 901,904 3.3% 32,849,952 798,995 2.4% TRAFFIC SAFETY FUND 101,000 40,143 39.7% 100,200 (14,907) - ZALUD ESTATE 6,800 1,751 25.8% 5,650 3,885 68.8%
COMMUNITY DEVELOPMENT BLOCK GRANT 3,170,500 61,287 1.9% 1,851,488 271,005 14.6% SPECIAL SAFETY GRANTS 906,071 395,786 - 781,539 302,269 38.7% SEWER OPERATING 7,444,900 3,861,457 51.9% 7,378,925 4,109,206 55.7% REFUSE REMOVAL 6,991,600 3,504,904 50.1% 6,636,466 3,417,693 51.5% AIRPORT OPERATIONS 1,708,810 964,380 56.4% 2,081,500 875,131 42.0% GOLF COURSE 250,600 169,500 67.6% 220,900 118,538 53.7% WATER OPERATING 13,645,000 7,516,750 55.1% 13,246,005 7,897,882 59.6% RISK MANAGEMENT 9,159,250 4,517,487 49.3% 7,533,016 3,942,630 52.3% EQUIPMENT MAINTENANCE 4,739,200 2,490,977 52.6% 3,854,200 1,494,421 38.8% LANDSCAPE MAINTENANCE DISTRICT 177,000 94,794 - 132,682 71,650 - WATER REPLACEMENT 4,012,000 767,733 19.1% 4,540,000 544,471 12.0% SOLID WASTE RESERVE 961,168 521,113 54.2% 953,070 465,865 48.9% SEWER REVOLVING 433,000 313,047 72.3% 447,898 260,232 58.1% TRANSPORTATION DEVELOPMENT 210,000 105,999 50.5% 295,000 132,166 44.8% PARK DEVELOPMENT 50,100 25,093 50.1% 1,805,100 79,315 4.4% TREATMENT PLANT RESERVE 1,010,870 613,965 60.7% 992,240 657,051 66.2% STORM DRAIN DEVELOPMENT 230,000 179,864 78.2% 320,000 158,104 49.4% BUILDING CONSTRUCTION 2,000 2,467 123.4% 1,000 1,248 124.8% TOTALS $ 111,973,120 $ 36,510,163 32.6% $ 118,099,642 $ 35,983,109 $-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE IMPROVEMENT GENERAL City of Porterville
Revenue by Fund Type
Periods Ended December 31, 2023 and December 31, 2022
23-24 22-23
INTERNAL SERVICE 14%
SPECIAL REVENUE 14%
ENTERPRISE 31%
IMPROVEMENT 4%
GENERAL 37%
City of Porterville
Revenue by Fund Type
Periods Ended December 31, 2023
2023-2024 2023-2024 2022-2023 2022-2023
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND ACTUAL
MEASURE H SALES TAX $ 4,972,164 $ 2,304,124 46.3% $ 4,457,666 $ 2,348,517 52.7% MEASURE I SALES TAX 8,353,246 3,175,236 38.0% 5,881,050 2,741,919 46.6% AMERICAN RESCUE PLAN ACT 996,454 371,573 37.3% 2,866,987 2,622,641 91.5% ZALUD ESTATE 39,480 18,748 47.5% 31,855 16,925 53.1%
COMMUNITY DEVELOPMENT BLOCK GRANT 451,464 81,669 18.1% 190,459 123,386 64.8% SPECIAL SAFETY GRANTS 1,039,625 491,097 47.2% 793,549 297,260 37.5% SEWER OPERATING 6,299,829 3,138,747 49.8% 6,820,260 3,098,565 45.4% REFUSE REMOVAL 7,427,270 3,488,662 47.0% 6,999,034 3,428,221 49.0% AIRPORT 1,604,969 775,824 48.3% 1,767,875 716,876 40.6% GOLF COURSE 562,003 303,017 53.9% 500,496 288,297 57.6% WATER OPERATING 12,284,741 5,817,683 47.4% 9,454,882 5,270,474 55.7% RISK MANAGEMENT 9,665,230 4,503,034 46.6% 9,340,626 5,195,468 55.6% EQUIPMENT MAINTENANCE 4,751,272 2,094,473 44.1% 3,802,800 2,093,074 55.0% LANDSCAPE MAINTENANCE DISTRICT 239,870 94,712 39.5% 222,738 83,504 37.5%

TOTALS $ 58,687,617 $ 26,658,599 45.4% $ 53,130,277 $ 28,325,127 53.3%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
December 31, 2023 AND DECEMBER 30, 2022
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
$20,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE GENERAL
City of Porterville
Expenditures by Fund Type
Periods Ended December 31, 2023 and December 31, 2022
23-24 22-23
INTERNAL SERVICE 16%
SPECIAL REVENUE 8%
ENTERPRISE 33%
GENERAL 43%
City of Porterville
Expenditures by Fund Type
Periods Ended December 31, 2023
FY 2023-24 FY 2022-23

REVENUES
Sales Tax - Measure H $ 1,770,620 1,910,123
Interest 56,971 24,525
Police Services 1,672 1,952
Police Cost Recoveries 67,045 -
Contributions - 2,400
TOTAL REVENUES 1,896,308 1,939,000

EXPENDITURES
Police Department 913,212 966,089
Fire Department 996,271 1,068,793
Public Safety Station 120,524 97,256
Library & Literacy 274,116 216,379
TOTAL EXPENDITURES 2,304,123 2,348,517

CAPITAL PROJECTS
Animal Shelter - 17,103
Fire Department Classroom/Training 110,168
TOTAL CAPITAL PROJECTS 110,168 17,103
REVENUE OVER/(UNDER) EXPENDITURES $ (517,983) $ (426,620)

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE H
For the Periods Ended December 31, 2023 and December 31, 2022 FY 2023-24 FY 2022-23

REVENUES
Sales Tax - Measure I $ 3,543,960 $ 3,787,620
Sales Tax - Measure R 57,204 -
Interest 268,744 110,388
Police Services 793 206
TOTAL REVENUES 3,870,701 3,898,214

EXPENDITURES
Police Department 1,990,521 1,658,084
Fire Department 1,123,326 1,037,532
Streets Program 40,022 45,882
Litter Abatement Program 21,367 421
TOTAL EXPENDITURES 3,175,236 2,741,919

CAPITAL PROJECTS
AC Pavement Repair/Overlay 185,549 748,789
Fire Dept Classroom/Training - 20,434
Fire Dept Training Grounds Dev 414,530 -
Fire Station Remodel/Additions 131,601 139,571
Grand Ave Connection between 4th and Henrahan - 19,450
Medians Restoration Project - 1,574
Montgomery Ave Reconstruction - Jaye to H - 1,283
Morton Ave Reconstruction 44,822 -
Pavement Management Program - 2,788
PD Evidence Storage Facilities - 35,260
Union - Indiana to Jaye - 8,375
Villa St Reconstruction - Olive to Henderson 17,990 13,061 TOTAL CAPITAL PROJECTS 794,493 990,585
REVENUE OVER/(UNDER) EXPENDITURES $ (99,028) $ 165,710

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE I
For the Periods Ended December 31, 2023 and December 31, 2022 12/31/2023 12/31/2022

NET OPERATING NET OPERATING

FUND REVENUES EXPENSES PROFIT (LOSS) PROFIT (LOSS)
Zalud Estate 1,751 $ (18,748) $ (16,997) $ 13,040 $
Sewer Operating 3,861,457 $ (3,138,747) $ 722,710 $ 1,010,641 $ Solid Waste 3,504,904 $ (3,488,662) $ 16,242 $ (10,528) $ Airport 964,380 $ (775,824) $ 188,556 $ 158,255 $
Golf 169,500 $ (303,017) $ (133,517) $ (169,759) $
Water Operating 7,516,750 $ (5,817,683) $ 1,699,067 $ 2,627,408 $

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - ENTERPRISE FUNDS
For the Periods Ended December 31, 2023 and December 31, 2022 Item No. 7.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Quarterly Investment Portfolio
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of December 31, 2023, and is in compliance with California Government Code Section 27000, etc., Section 53600, etc., and the City of Porterville's Statement of Investment Policy. Investments are selected based on the statutory objectives of safety, liquidity and yield.

Items identified in the summary include portfolio composition, weighted average rate of earnings, weighted average days to maturity, and the percentage of liquid holdings.

RECOMMENDATION: That the City Council accept the quarterly Investment Portfolio Summary Report.

ATTACHMENTS: 1. Investment Portfolio Summary - December 31, 2023 Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Accountant
Final Approver: Patrice Hildreth, City Manager

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF DECEMBER 31, 2023

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1006 LOCAL AGENCY INVESTMENT FUND $ 9,113,082 $ 9,113,082 4.000% DAILY DAILY 1 1104 CSJVRMA INVESTMENT FUND 7,424,514 7,334,105 2.010% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 9,997,248 9,997,248 3.230% DAILY DAILY 30 CA-01-0026 CALIFORNIA CLASS 18,772,768 18,772,768 5.542% DAILY DAILY 1 CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 5,448 3130AUGP3 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 998,220 5.250% 1/26/2023 7/26/2024 208 3134GXF74 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 991,590 3.625% 7/26/2022 7/26/2024 208 3134GXP81 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 991,670 3.820% 8/30/2022 8/28/2024 241 3134GXX66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 998,200 4.250% 9/23/2022 9/23/2024 267 3130ATFL6 FEDERAL HOME LOAN BANKS 1,000,000 994,910 4.600% 9/30/2022 9/30/2024 274 3130AQRM7 FEDERAL HOME LOAN BANKS 1,000,000 969,090 1.550% 2/25/2022 2/25/2025 422 3134GYL42 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 1,000,180 5.550% 3/1/2023 2/28/2025 425 3133EPN35 FEDERAL FARM CREDIT BANKS 1,000,000 998,970 5.430% 12/14/2023 3/14/2025 439 3130AWNR7 FEDERAL HOME LOAN BANKS 1,000,000 998,660 5.550% 7/28/2023 4/25/2025 481 3130ARQ95 FEDERAL HOME LOAN BANKS 1,000,000 982,930 3.030% 4/29/2022 4/28/2025 484 3130AS2Q1 FEDERAL HOME LOAN BANKS 1,000,000 981,970 3.150% 5/23/2022 5/23/2025 509 3134GXUC6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 981,230 3.400% 5/27/2022 5/23/2025 509 3130AWDL1 FEDERAL HOME LONA BANKS 1,000,000 998,140 5.600% 6/13/2023 6/13/2025 530 3134GXF66 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 986,630 4.000% 8/1/2022 8/1/2025 579 3130ASU98 FEDERAL HOME LOAN BANKS, STEP-UP 1,000,000 989,850 4.000% 8/25/2022 8/25/2025 603 3135GACV1 FEDERAL NATIONAL MORTGAGE ASSOC 1,000,000 992,820 4.000% 8/30/2022 8/28/2025 606 3130ATG35 FEDERAL HOME LOAN BANKS 1,000,000 1,000,190 5.000% 10/17/2022 10/17/2025 656 3130AY2T2 FEDERAL HOME LOAN BANKS 1,000,000 998,890 5.600% 12/26/2023 12/26/2025 726 3130AYBL9 FEDERAL HOME LOAN BANKS STEP UP 1,000,000 999,700 5.250% 12/26/2023 12/26/2025 726 3133ENR77 FEDERAL FARM CREDIT BANKS 1,000,000 994,720 4.920% 10/12/2022 1/12/2026 743 3130AQJJ3 FEDERAL HOME LOAN BANKS 1,000,000 947,690 1.250% 1/26/2022 1/26/2026 757 3130AKXB7 FEDERAL HOME LOAN BANKS 2,000,000 1,849,100 0.580% 3/18/2021 2/11/2026 773 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 905,873 1.000% 3/23/2021 3/23/2026 813 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 929,990 1.050% 3/25/2021 3/25/2026 815 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 936,550 0.750% 3/30/2021 3/30/2026 820 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 926,930 1.000% 4/29/2021 4/29/2026 850 3134GXXF6 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 980,250 3.500% 6/28/2022 6/26/2026 908 3130ASD71 FEDERAL HOME LOAN BANKS 1,000,000 977,440 3.200% 6/29/2022 6/29/2026 911 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 917,280 1.000% 8/26/2021 8/26/2026 969 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,832,160 1.040% 9/21/2021 9/21/2026 995 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 917,040 1.100% 9/28/2021 9/28/2026 1,002 3133ENN89 FEDERAL FARM CREDIT BANKS 2,000,000 1,990,760 4.870% 9/28/2022 9/28/2026 1,002 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 917,600 1.125% 9/29/2021 9/29/2026 1,003 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 916,880 1.100% 9/30/2021 9/30/2026 1,004 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 918,930 1.250% 10/26/2021 10/26/2026 1,030 3130APDQ5 FEDERAL HOME LOAN BANKS 1,000,000 918,780 1.250% 10/28/2021 10/28/2026 1,032 3130APG82 FEDERAL HOME LOAN BANKS 1,000,000 928,740 0.850% 11/2/2021 10/28/2026 1,032 3130APTJ4 FEDERAL HOME LOAN BANKS 1,000,000 916,370 1.250% 11/24/2021 11/24/2026 1,059 3130APU37 FEDERAL HOME LOAN BANKS 1,000,000 917,720 1.300% 11/24/2021 11/24/2026 1,059 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,385,505 1.600% 12/30/2021 12/30/2026 1,095 3130AQ5Q2 FEDERAL HOME LOAN BANKS 2,000,000 1,841,800 1.500% 12/30/2021 12/30/2026 1,095 3134GYD74 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 996,110 5.000% 1/26/2023 1/26/2027 1,122 3133ENNG1 FEDERAL FARM CREDIT BANKS 2,000,000 1,863,840 1.860% 2/8/2022 2/8/2027 1,135 3130AQRH8 FEDERAL HOME LOAN BANKS 1,000,000 935,010 2.000% 2/25/2022 2/25/2027 1,152 3130ARA76 FEDERAL HOME LOAN BANKS 2,000,000 1,882,020 2.250% 3/30/2022 3/30/2027 1,185 3130ARU74 FEDERAL HOME LOAN BANKS 1,000,000 974,250 3.375% 5/17/2022 5/17/2027 1,233 3130ARUX7 FEDERAL HOME LOAN BANKS 1,000,000 985,760 3.750% 5/19/2022 5/19/2027 1,235 3133EN3Y4 FEDERAL FARM CREDIT BANKS 1,000,000 998,370 5.330% 12/14/2022 6/14/2027 1,261 3130ASD63 FEDERAL HOME LOAN BANKS 1,000,000 969,970 3.250% 6/28/2022 6/28/2027 1,275 3130ASFQ7 FEDERAL HOME LOAN BANKS 1,000,000 980,350 4.000% 6/29/2022 6/29/2027 1,276 3130ASPE3 FEDERAL HOME LOAN BANKS 1,000,000 987,620 4.300% 7/28/2022 7/28/2027 1,305 3133ENL32 FEDERAL FARM CREDIT BANKS 1,000,000 994,590 4.230% 9/8/2022 9/8/2027 1,347 3134GX3K8 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 994,300 5.250% 10/20/2022 10/20/2027 1,389 3130AV6T4 FEDERAL HOME LOAN BANKS 1,000,000 996,560 5.750% 3/27/2023 3/27/2028 1,548 3134GYUG5 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 998,030 6.000% 7/6/2023 7/6/2028 1,649 3130AWTM2 FEDERAL HOME LOAN BANKS 1,000,000 999,430 5.900% 8/9/2023 8/9/2028 1,683 3134H1EP4 FEDERAL HOME LOAN MORTGAGE CORP 1,000,000 998,640 5.350% 10/17/2023 9/29/2028 1,734

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
48133DN55 JP MORGAN CHASE FINL CO 2,000,000 1,960,060 4.050% 7/29/2022 7/29/2024 211 13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 958,940 2.500% 4/28/2020 4/10/2025 466 89236TKC8 TOYOTA MOTOR CRD CORP 1,000,000 988,250 3.950% 9/8/2022 6/30/2025 547 17298CK64 CITIGROUP INC 1,000,000 920,470 1.000% 8/28/2020 8/28/2025 606 06748XQR5 BARCLAYS BANK 1,000,000 973,470 4.500% 9/12/2022 3/12/2026 802 89114TK84 TORONTO DOMINION BANK 2,000,000 1,785,140 1.050% 6/16/2021 3/16/2026 806 06368EWM0 BANK OF MONTREAL 2,000,000 1,816,420 1.220% 3/17/2021 3/17/2026 807 06048WV56 BANK OF AMERICA 1,000,000 972,170 4.000% 5/5/2022 5/5/2026 856 17290A3E8 CITIGROUP INC 1,000,000 902,850 1.250% 7/1/2021 7/1/2026 913 90279GH44 UBS 1,000,000 993,760 5.650% 7/31/2023 7/31/2026 943 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 893,810 1.400% 9/30/2021 9/30/2026 1,004 06048WZ29 BANK OF AMERICA CORP 1,000,000 1,000,260 6.000% 10/20/2022 10/20/2027 1,389 78014RKF6 ROYAL BANK OF CANADA 1,000,000 999,700 5.450% 1/18/2023 1/18/2028 1,479 61766YMT5 MORGAN STANLEY FIN 1,000,000 981,800 5.150% 1/20/2023 1/20/2028 1,481 05465DAK4 CERTIFICATE OF DEPOSIT 249,000 246,821 1.850% 3/26/2020 3/26/2024 86 14042RSH5 CERTIFICATE OF DEPOSIT 245,000 242,846 3.300% 6/29/2022 7/1/2024 183 15118RRHS CERTIFICATE OF DEPOSIT 249,000 243,709 1.850% 8/30/2019 8/30/2024 243 938828BM1 CERTIFICATE OF DEPOSIT 249,000 243,950 2.000% 8/30/2019 8/30/2024 243 98970LC43 CERTIFICATE OF DEPOSIT 243,000 243,571 5.400% 3/31/2023 9/27/2024 271 23204HLJ5 CERTIFICATE OF DEPOSIT 250,000 248,732 4.500% 10/26/2022 10/28/2024 302 12547CAK4 CERTIFICATE OF DEPOSIT 250,000 248,498 4.600% 2/24/2023 2/24/2025 421 654062LB2 CERTIFICATE OF DEPOSIT 250,000 247,082 4.100% 9/28/2022 3/28/2025 453 02589AC34 CERTIFICATE OF DEPOSIT 250,000 242,343 2.550% 4/17/2022 4/7/2025 463 02589AC34 CERTIFICATE OF DEPOSIT 250,000 242,862 3.050% 7/25/2022 7/25/2025 572 06740KQZ3 CERTIFICATE OF DEPOSIT 250,000 243,793 3.300% 7/27/2022 7/28/2025 575 20825WAZ3 CERTIFICATE OF DEPOSIT 249,000 243,109 3.400% 8/15/2022 8/15/2025 593 795451CD3 CERTIFICATE OF DEPOSIT 240,000 234,055 3.350% 8/24/2022 8/25/2025 603 06168LAB4 CERTIFICATE OF DEPOSIT 244,000 241,079 4.150% 10/12/2022 10/14/2025 653 693963AB6 CERTIFICATE OF DEPOSIT 249,000 246,204 4.200% 10/14/2022 10/14/2025 653 178180GQ2 CERTIFICATE OF DEPOSIT 244,000 244,171 4.850% 11/9/2022 11/10/2025 680 05580AM92 CERTIFICATE OF DEPOSIT 248,000 236,843 2.750% 4/22/2022 4/22/2026 843 60425SKA6 CERTIFICATE OF DEPOSIT 249,000 246,722 4.400% 4/24/2023 4/24/2026 845 86158BA6 CERTIFICATE OF DEPOSIT 249,000 248,206 4.700% 6/30/2023 6/30/2026 912 02007GWJ8 CERTIFICATE OF DEPOSIT 246,000 235,980 3.150% 7/21/2022 7/21/2026 933 682325DH5 CERTIFICATE OF DEPOSIT 250,000 249,510 4.800% 4/6/2023 10/6/2026 1,010 87165FE42 CERTIFICATE OF DEPOSIT 249,000 223,995 1.100% 11/12/2021 11/12/2026 1,047 07181JAU8 CERTIFICATE OF DEPOSIT 249,000 249,752 5.000% 11/22/2022 11/23/2026 1,058 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 224,334 1.250% 12/8/2021 12/8/2026 1,073 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 224,312 1.250% 12/9/2021 12/9/2026 1,074 052392CH8 CERTIFICATE OF DEPOSIT 248,000 248,352 4.950% 12/16/2022 12/16/2026 1,081 25844MAN8 CERTIFICATE OF DEPOSIT 247,000 243,537 4.400% 1/18/2023 1/19/2027 1,115 856285F63 CERTIFICATE OF DEPOSIT 246,000 224,465 1.800% 1/31/2022 2/1/2027 1,128 70962LBE1 CERTIFICATE OF DEPOSIT 249,000 226,045 1.700% 2/18/2022 2/18/2027 1,145 011852AD2 CERTIFICATE OF DEPOSIT 248,000 246,782 4.700% 3/8/2027 3/8/2027 1,163 02589ABQ4 CERTIFICATE OF DEPOSIT 245,000 224,440 2.000% 3/9/2022 3/9/2027 1,164 39573LDA3 CERTIFICATE OF DEPOSIT 245,000 224,932 2.100% 3/15/2022 3/15/2027 1,170 58404DNW7 CERTIFICATE OF DEPOSIT 248,000 232,505 2.800% 4/29/2022 4/29/2027 1,215 254673D94 CERTIFICATE OF DEPOSIT 246,000 233,609 3.200% 5/18/2022 5/19/2027 1,235 07371C6Y0 CERTIFICATE OF DEPOSIT 246,000 231,953 3.000% 6/15/2022 6/9/2027 1,256 38150VCG2 CERTIFICATE OF DEPOSIT 246,000 231,882 3.000% 6/15/2022 6/15/2027 1,262 50625LBN2 CERTIFICATE OF DEPOSIT 249,000 236,627 3.250% 6/15/2022 6/15/2027 1,262 472312AA5 CERTIFICATE OF DEPOSIT 249,000 248,201 4.700% 6/29/2023 6/29/2027 1,276 88413QDN5 CERTIFICATE OF DEPOSIT 245,000 232,968 3.300% 8/19/2022 8/19/2027 1,327 89789AAG2 CERTIFICATE OF DEPOSIT 248,000 247,467 4.700% 3/10/2023 9/10/2027 1,349 32022RSY4 CERTIFICATE OF DEPOSIT 249,000 237,499 3.400% 9/14/2022 9/14/2027 1,353 52470QBV5 CERTIFICATE OF DEPOSIT 249,000 238,318 3.500% 9/23/2022 9/23/2027 1,362 530520AB1 CERTIFICATE OF DEPOSIT 249,000 246,408 4.400% 1/17/2023 1/17/2028 1,478 61690U4M9 CERTIFICATE OF DEPOSIT 250,000 248,047 4.400% 4/20/2023 4/20/2028 1,572 00224TAP1 CERTIFICATE OF DEPOSIT 249,000 248,646 4.550% 4/28/2023 4/28/2028 1,580 67054NBJ1 CERTIFICATE OF DEPOSIT 249,000 254,030 4.700% 5/30/2023 5/30/2028 1,612 29669XAT5 CERTIFICATE OF DEPOSIT 248,000 253,835 5.000% 9/20/2023 9/20/2028 1,725 00782JAC6 CERTIFICATE OF DEPOSIT 248,000 253,930 5.000% 9/27/2023 9/27/2028 1,732 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 4/24/2023 4/24/2025 480 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 4.760% 6/21/2023 6/21/2025 538 1283 CERTIFICATE OF DEPOSIT 250,000 250,000 4.690% 5/12/2023 6/12/2024 164 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 3.900% 4/29/2023 4/29/2028 1,581

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1286 CERTIFICATE OF DEPOSIT 250,000 250,000 4.950% 6/25/2023 6/25/2025 542 1303 CERTIFICATE OF DEPOSIT 250,000 250,000 1.100% 4/16/2021 4/16/2024 107 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 1.800% 2/14/2022 2/14/2027 1,141 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 3.200% 6/23/2022 6/23/2027 1,270 1314 CERTIFICATE OF DEPOSIT 249,000 249,000 2.000% 7/21/2022 7/20/2024 202 1316 CERTIFICATE OF DEPOSIT 263,679 263,679 2.750% 10/6/2022 4/6/2024 97 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 12/13/2022 12/13/2027 1,443 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 3.350% 1/11/2019 1/11/2024 11 1326 CERTIFICATE OF DEPOSIT 286,416 286,416 3.500% 1/29/2019 1/29/2024 29 1327 CERTIFICATE OF DEPOSIT 245,000 245,000 3.500% 2/28/2019 2/28/2024 59 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 3/22/2019 3/22/2024 82 1330 CERTIFICATE OF DEPOSIT 248,960 248,960 3.200% 5/24/2019 5/24/2024 145 1331 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 5/7/2019 5/7/2024 128 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 6/4/2019 6/4/2024 156 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 3.050% 7/31/2019 7/31/2024 213 1335 CERTIFICATE OF DEPOSIT 249,000 249,000 2.810% 9/11/2019 9/11/2024 255 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 2.800% 9/17/2019 9/17/2024 261 1337 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 11/1/2019 11/1/2024 306 1338 CERTIFICATE OF DEPOSIT 273,792 273,792 2.720% 10/15/2019 10/15/2024 289 1339 CERTIFICATE OF DEPOSIT 269,459 269,459 2.250% 12/26/2019 12/26/2024 361 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 2.400% 12/5/2019 12/5/2024 340 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/8/2020 1/8/2025 374 1342 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/17/2020 1/17/2025 383 1343 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/24/2020 1/24/2025 390 1344 CERTIFICATE OF DEPOSIT 249,000 249,000 1.100% 11/18/2023 10/18/2024 292 1345 CERTIFICATE OF DEPOSIT 256,871 256,871 3.150% 6/9/2022 6/9/2027 1,256 1346 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 6/21/2022 6/21/2027 1,268 1347 CERTIFICATE OF DEPOSIT 249,000 249,000 3.320% 7/21/2022 7/21/2027 1,298 1348 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 7/20/2022 7/20/2027 1,297 1349 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 8/30/2022 3/1/2026 791 1350 CERTIFICATE OF DEPOSIT 249,000 249,000 3.800% 10/28/2022 10/28/2025 667 1351 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 11/28/2022 11/28/2024 333 1352 CERTIFICATE OF DEPOSIT 249,000 249,000 4.650% 11/28/2023 11/28/2024 333 1353 CERTIFICATE OF DEPOSIT 249,000 249,000 5.150% 12/12/2022 12/12/2027 1,442 1354 CERTIFICATE OF DEPOSIT 249,000 249,000 4.000% 12/22/2022 12/22/2025 722 1355 CERTIFICATE OF DEPOSIT 249,000 249,000 4.500% 2/2/2023 2/2/2024 33 1356 CERTIFICATE OF DEPOSIT 249,000 249,000 4.700% 4/3/2023 4/3/2026 824 1357 CERTIFICATE OF DEPOSIT 249,000 249,000 4.200% 4/12/2023 4/12/2028 1,564 1358 CERTIFICATE OF DEPOSIT 249,000 249,000 4.140% 4/25/2023 4/25/2027 1,211 1359 CERTIFICATE OF DEPOSIT 249,000 249,000 5.000% 6/16/2023 6/16/2025 533 1360 CERTIFICATE OF DEPOSIT 249,000 249,000 4.400% 6/2/2023 6/1/2028 1,614 1361 CERTIFICATE OF DEPOSIT 249,000 249,000 4.950% 9/13/2023 4/13/2025 469 TOTALS $ 152,018,300 $ 148,438,746

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

ONE YEAR HISTORY CURRENT PORTFOLIO DAYS TO
12/31/2022 3/31/2023 6/30/2023 9/30/2023 12/31/2023 HOLDINGS MATURITY

2.622% 2.988% 3.187% 3.347% 3.480% 29.804% 698
Comments:

Portfolio holdings as of December 31, 2023, are in compliance with the current Investment Policy. With 29.804% of the portfolio being held in liquid instruments, the cash needs of the City will be met. The next portfolio report will be calculated for the first calendar quarter ending March 31, 2024, and will be presented during the May 7, 2024 Council meeting.

Item No. 8.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Request for Proclamation - Red Cross Month - March 2024 SOURCE: Administrative Services
COMMENT:

At its meeting on December 19, 2023, the Council amended the process by which proclamations are approved. The process requires that if more than two council members indicate interest in signing a requested proclamation, a consent calendar item will be prepared for the next scheduled City Council Meeting for full City Council consideration.

The American Red Cross of Central Valley has requested a proclamation to proclaim the month of March 2024, as "Red Cross Month" in Porterville.

Mayor Flores is sponsoring this Proclamation request. Because more than two members of Council indicated interest in signing, consistent with policy, the request is herein presented for consideration. If approved, the Proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members with an affixed City Seal.

RECOMMENDATION: That the City Council consider approval of the request to proclaim the month of March 2024, as "Red Cross Month" in the City of Porterville.

ATTACHMENTS: 1. Proclamation Request - Red Cross Month
Appropriated/Funded: N/A
Review By:

Department Director:

Yuliana Andrade, Acting Administrative Services Director Final Approver: Patrice Hildreth, City Manager

Item No. 9.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Approval of Community Civic Event - Porterville Chamber of Commerce - Spring Festival - April 13, 2024
SOURCE: Finance
COMMENT: The Porterville Chamber of Commerce is requesting approval to hold the Porterville Chamber Spring Festival on Saturday, April 13, 2024, from 10:00 AM to 3:00 PM. This year's festival will include food booths, vendor booths, a kids' zone, a chili cook-off, family entertainment, a car show, and a beer garden.

The request includes the closure of Main Street from Morton Avenue to Olive Avenue and the side streets along Main Street, as indicated on the attached map, from 5:00 AM to 5:00 PM and the closure of the sidewalks along Main Street, from Morton Avenue to Olive Avenue, for the vendor booths.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The Application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. The requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, 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 Porterville Chamber Spring Festival event on April 13, 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, Exhibit A, Exhibit B, Exhibit C, Map, Outside Amplifier Permit and Certificate of Liability Insurance.

Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Accountant
Final Approver: Patrice Hildreth, City Manager

Vendor exit AM/PM
Vendor exit AM/PM
Chili
Cook-Off
Stage #1
Beer
Garden Car Show
Requirements for Community Civic Event
Porterville Chamber of Commerce
Porterville Chamber Spring Festival
April 13, 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 attached
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
extinguisher 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: If electrical outlets are needed to be D. Moore used, contact staff at least 72 hours
prior to the event to coordinate outlet
locations. Vehicles to remain off the
Centennial Park grass.

Police Lieutenant: Please see Exhibit B.

M. Azevedo

Exhibit A, page 1
Deputy City Manager: Risk Management requires $2 million P. Hildreth per occurrence in commercial general
liability coverage, naming the City of
Porterville as an additional insured. The
certificate of insurance must have the
endorsement page.

Field Services Superintendent: Will take care of refuse service.

B. Spry

Field Services Superintendent – Streets: Will take care of barricades, set up and J. Baeza pick up.

Exhibit A, Page 2
Requirements for Community Civic Event
Sponsor: Porterville Chamber of Commerce
Event: Porterville Chamber Spring Festival
Event Chairman: Kristy Martin
Location: Downtown Porterville, Porterville CA
Date of Event: April 13, 2024 (10:00 a.m.-3:00 p.m.)
RISK MANAGEMENT: Conditions of Approval
That Porterville Chamber of Commerce 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, Page 1

CITY OF PORTERVILLE/POLICE DEPARTMENT
Community Civic Event Application
Porterville Chamber Spring Festival
April 13, 2024—5:00 am-5:00 pm
Proposed Conditions/Requirements—Downtown Main Street
 City Council approval is required for all street closures.  On all streets approved for closure, ensure adequate barricades/barriers are used to warn motorists of non-access and prevent vehicle access to those designated areas.  If event organizers anticipate the need for removal of parked vehicles from public roadways related to the event, the affected public roadways must be posted with appropriate signage no less than 24 hours in advance of the event. Said signs and associated posting must meet minimum requirements as established by the California Vehicle Code. (Recommend event organizers contact Sgt. Jay Starling of the Porterville Police Department/Traffic Unit in order to ensure that signs meet the requirements as established by law or request additional assistance).
 Food vendors should provide inspection certificates from the Tulare County Health Department to members of the organizing committee, to ensure food product safety.  If event organizers anticipate the sales of alcoholic beverages during the event, they must first apply for and be granted a temporary license to sell alcohol from the CA Dept. of Alcoholic Beverage Control.
 Fencing or other suitable barriers shall be utilized for cordoning off the beer garden so as to monitor ingress/egress and to ensure the beer garden area is clearly marked. All points of ingress/egress to the beer garden will be monitored by event organizers and/or security to prevent underage admittance.
 Event organizers shall ensure only patrons wearing clearly displayed and authorized wristbands, as provided by event organizers, can purchase and consume alcoholic beverages.
 At no time shall alcoholic beverages be possessed or consumed outside the designated beer garden.
 An Outside Amplifier Permit has been approved and granted, however, event organizers shall not allow music to be played so loud as to unreasonably disturb the peace and good order of any residents or business establishments in the surrounding area.

Exhibit B, Page 2
 At conclusion of event, event organizers shall ensure streets are promptly cleared of any vehicles, equipment, booths or anything that could present a hazard to pedestrians or vehicles traveling through this area.

Mark Azevedo, Lieutenant
Police Department

Item No. 10.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Authorization of Temporary Overflow Parking at the Sports Complex for Eagle Mountain Casino Special Events
SOURCE: Parks and Leisure Services
COMMENT: Eagle Mountain Casino has requested the use of the City's Sports Complex for overflow parking for an upcoming special event. The Council approved two previous requests, and the requested times for use varied based on the type of event, with the lengthiest period being on New Year's Eve, from 6:00 PM- 6:00 AM. The current request is for February 17, 2024, 6:00 PM- 12:00 AM. City staff have not encountered any issues or negative impacts from the previous two (2) requests. Staff recommends that the Council consider approving their request based on the following conditions being met and that the Council authorize City staff to approve similar future requests from Eagle Mountain Casino if all said conditions are met:
• Provide commercial general liability insurance coverage in the amount of $2,000,000, and add the City of Porterville as an additional insured. • Shuttle service is provided from the Sports Complex parking lot to Eagle Mountain Casino.
• The parking lot is lighted for safety reasons.
• Security is provided.
• Coordinate with Porterville Police Department on a traffic control plan.

RECOMMENDATION: That the City Council authorize City staff to approve Eagle Mountain Casino requests for temporary use of the Sports Complex parking lot during special events based on conditions set forth by the City.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
Item No. 10.

Item No. 11.

CITY COUNCIL AGENDA – FEBRUARY 6, 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 January 16, 2024, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

HISTORY:

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

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

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

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Item No. 11.

Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

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

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

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

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

At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (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 Item No. 11.
due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.

On August 2, 2023, Council Member Meister was made aware of the lack of drinking water and apparent lack of occasional water availability in the Del Oro Water Company system in the Springville area. During the March 2023 floods, six of the twelve water systems wells were damaged, several of which were damaged beyond repair. City staff was contacted by the Office of State Senator Shannon Grove in regard to the City-County Well Agreement, which dictates that at the request of the State and County, the City shall provide 3,000,000 gallons of water per month for the purpose of meeting emergency water needs in County jurisdiction and shall not charge the State or County for the water.

Senator's Grove's Office has been coordinating with the State and Self-Help Enterprises in the potential placement of temporary tanks until Del Oro has completed its repair projects to sufficiently meet its customer demands.

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

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the 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 Item No. 11.
project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

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

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

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

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well 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 Item No. 11.
meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

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

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

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

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

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 Item No. 11.
lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed. At its meeting on August 2, 2022, the Council authorized $1,074,948 for the drilling phase of Well 34 (Akin). At its meeting on October 3, 2023, the Council accepted the drilling phase as complete, with the final construction cost of $865,402. The equipping phase is the next step in having this well online by the 2024 calendar year.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation 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 Item No. 11.

October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

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

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

2. City-County Well Agreement - May 10, 2016

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

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

5. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

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

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

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

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

10. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

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

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.

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

Page 2 of 24 ends

3pg18xi20

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

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

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

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

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

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

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

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

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

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

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

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

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

A.2. SCOPE OF WORK.

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

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

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

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

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

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

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

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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

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

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

Page 12 of 24 ends

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

Page 13 of 24 ends

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Page 14 of 24 ends

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
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Exhibit D

12. [RESERVED].

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

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

15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
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v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.

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

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

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

18. Financial Management Systems. The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been City of Porterville
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used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient is bound by, and must comply with, the provisions and requirements of the federal Single Audit Act of 1984 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.

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

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

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

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

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

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

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Agreement No.: SWRCB0000000000D2002017

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

23. Federal SRF Requirements. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions for the Useful Life of the Project:
a. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City of Porterville
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Exhibit D
Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 2 of this Agreement in all construction contracts and subcontracts.
c. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
d. The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/ogd.
e. No Recipient may receive funding under this Agreement unless it has provided its DUNS number to the State Water Board.
f. [RESERVED]
g. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR.
h. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
i. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement.
j. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed.

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k. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A.
l. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. m. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing.
n. The Recipient certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board.
iii. The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks disbursements under this Agreement.
o. The Recipient must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).

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p. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
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q. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises as set forth in this Agreement. r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. u. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
v. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. w. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. x. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
y. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
z. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and City of Porterville
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disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
aa. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).

Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. bb. The Recipient certifies that no Project Funds will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or
iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.

Item No. 12.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: Consideration of Appointment to the Parks & Leisure Services Commission SOURCE: Administrative Services
COMMENT:

The Parks & Leisure Services Commission currently has a vacancy on the Parks and Leisure Services Commission, with the term to expire in October 2027.

City staff is in receipt of one Request for Appointment which is provided herein for the City Council’s consideration:
•Blain Smotherman
The Parks & Leisure Services Commission serves in an advisory capacity to the City Council on matters concerning Parks and Leisure Services, and is comprised of eight (8) members with staggered four (4) year terms. To be eligible for appointment, individuals must reside within the city of Porterville and represent a cross-section of the community. The Commission currently meets on the first Thursday of each month at 5:30 P.M. at City Hall. Staff has confirmed that the applicant’s listed address is located within the City's boundaries.

RECOMMENDATION: That the City Council consider the appointment of Blain Smothermon to the Parks & Leisure Services Commission to serve the remainder of a four-year term to expire October 2027.

ATTACHMENTS: 1. Request for Appointment - Blain Smothermon Appropriated/Funded:

Review By:

Department Director:

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

Item No. 13.

CITY COUNCIL AGENDA – FEBRUARY 6, 2024
SUBJECT: 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
SOURCE: City Attorney
COMMENT: At the meeting on January 16, 2024, the City Council provided input concerning a draft Resolution to affirm the City's commitment to individual liberty and medical freedom and directed staff to provide an additional revision to the draft resolution for consideration at the February 6, 2024 City Council meeting. The further-revised draft resolution is attached for the City Council's consideration.

The City Council may consider and adopt this Resolution as currently proposed or further revised, and/or may consider other action, such as revising and converting the Resolution to a Proclamation that can be approved by the Council or, alternatively by specific council members.

RECOMMENDATION: That the City Council consider the draft Resolution of the City Council of the City of Porterville Affirming its Commitment to the Principles of Liberty and Medical Freedom.

ATTACHMENTS: 1. Draft Resolution

2. Draft Resolution - Redline Version
Appropriated/Funded:

Review By:

Department Director:

Julia Lew, City Attorney
Final Approver: Patrice Hildreth, City Manager

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RESOLUTION NO. ___- 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING ITS COMMITMENT TO THE PRINCIPLES OF INDIVIDUAL LIBERTY AND

MEDICAL FREEDOM
WHEREAS, the City Council of the City of Porterville believes the principles of individual liberty and bodily integrity are fundamental to a free and just society, and furthermore are protected by the Federal Constitution and the Constitution of the State of California; WHEREAS, the City Council recognizes, to the fullest extent permitted by applicable law, the fundamental rights of individuals to make informed medical decisions, including the right to choose or refuse medical treatments and interventions; WHEREAS, the City Council recognizes that the United States and State of California have enacted laws aimed to safeguard medical liberties, and preventing discrimination in personal health choices, as exemplified by the federal Health Insurance Portability and Accountability Act (HIPPA) and the California Confidentiality of Medical Information Act (CMIA);
WHEREAS, the City Council believes that, to the fullest extent permitted by law, the residents of the City of Porterville should be entitled to make their own medical choices, free from coercion, discrimination, or undue interference;
WHEREAS, the COVID-19 pandemic and other public health emergencies have raised important questions about the balance between public health orders and individual rights; and WHEREAS, it is the responsibility of the City of Porterville to respect and protect the constitutionally-protected rights and freedoms of its residents, in accord with law.

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

1. The City affirms its commitment to the constitutionally protected individual liberty and medical freedom.

2. To the fullest extent permitted by law, the City Council finds that every adult resident of Porterville has the right to make their own informed medical decisions, including the right to consent to or decline medical treatments and interventions, free from coercion, discrimination, or illegal interference.

3. The City of Porterville will not engage in illegal discrimination against individuals based on their vaccination or medical status, and will respect the privacy of individuals’ medical information to the extent protected by law.

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4. The City of Porterville recognizes the importance of legally established public health measures to promote public health, and to protect the community during public health emergencies.

5. The City of Porterville commits to its residents that it will refuse to follow directives that have been determined to unlawfully infringe upon constitutionally protected rights.

6. The City of Porterville encourages open and respectful dialogue on medical issues affecting the City and the protection of the public health of the Porterville community, fostering understanding and cooperation among its residents through constitutionally protected free speech and open dialog, without illegal censorship.

7. The City of Porterville will continue to monitor and adapt its policies and practices to protect the rights and freedoms of its residents while also addressing public health concerns, as required by law.

8. This resolution is hereby enacted by the City Council of the City of Porterville, and it shall serve as an affirmation of the City Council’s commitment to the principles of individual liberty and medical freedom.

PASSED, APPROVED AND ADOPTED this 6th day of February, 2024. __________________________________
Martha A. Flores, Mayor
///
ATTEST:

Patrice Hildreth, City Clerk
By: ________________________________
Fernando Gabriel-Moraga, Acting Chief Deputy City Clerk

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RESOLUTION NO. ______- 2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING ITS COMMITMENT TO THE PRINCIPLES OF INDIVIDUAL LIBERTY AND

MEDICAL FREEDOM
WHEREAS, the City Council of the City of Porterville believes the principles of individual liberty and bodily integrity are fundamental to a free and just society, and furthermore are protected by the Federal Constitution and the Constitution of the State of California; WHEREAS, the City Council recognizes, to the fullest extent permitted by applicable law, the fundamental rights of individuals to make informed medical decisions, including the right to choose or refuse medical treatments and interventions; WHEREAS, the City Council recognizes that the United States and State of California have enacted laws aimed to safeguard medical liberties, and preventing discrimination in personal health choices, as exemplified by the federal Health Insurance Portability and Accountability Act (HIPPA) and the California Confidentiality of Medical Information Act (CMIA);
WHEREAS, the City Council believes that, to the fullest extent permitted by law including but not limited to the Federal and State Constitutions, the residents of the City of Porterville should be entitled to make their own medical choices, free from coercion, discrimination, or undue interference;
WHEREAS, the COVID-19 pandemic and other public health emergencies have raised important questions about the balance between public health orders and individual rights; and WHEREAS, it is the responsibility of the City of Porterville to respect and protect the constitutionally-protected rights and freedoms of its residents, in accord with applicable law.

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

1. The City affirms its commitment to the constitutionally protected individual liberty and medical freedom.

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Porterville City CouncilFebruary 6, 2024

Porterville City Council
February 6, 2024