Agenda packet — Porterville City Council, January 18, 2022 (part 2 of 2)

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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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(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

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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

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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

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Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

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

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

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

Page 17 of 24 ends

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

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

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

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

Page 18 of 24 ends

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

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

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

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

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

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

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

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

Page 19 of 24 ends

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

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

Page 20 of 24 ends

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

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

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

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

Page 22 of 24 ends

Exhibit D
p. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit D
q. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises as set forth in this Agreement. r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. u. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
v. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. w. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. x. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
y. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
z. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

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Exhibit D
disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
aa. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).

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

Item No. 15.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Consideration of Revised City Council District Electoral Boundaries as Required by California Elections Code Section 21621 - Public Hearing No. 2 SOURCE: Administrative Services
COMMENT: At its meeting on December 7, 2021, the City Council held its first of at least four Public Hearings required in the redistricting process. As the Council is aware, every ten (10) years following the decennial census, cities with bydistrict election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have a nearly equal population.

This redistricting process for the City of Porterville must be completed by April 17, 2022.

The City adopted its current district boundaries in 2018, based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act, the Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Be geographically contiguous

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)

4. Display easily identifiable boundaries

5. Be compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024

2. Respect voters’ choices/continuity in office

3. Future population growth
By law, the City must hold at least four Public Hearings that enable community members to provide input on the drawing of district maps:

Item No. 15.
• At least one Hearing must occur before the city draws draft maps • At least two Hearings must happen after the drawing of draft maps * The fourth Hearing can happen either before or after the drawing of draft maps
• City staff or consultants may hold a public workshop instead of one of the required redistricting Public Hearings
To increase the accessibility of these hearings, cities and counties must take the following steps:
• At least one Hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday
• If a redistricting Hearing is consolidated with another local government meeting, the redistricting Hearing must begin at a pre-designated time • Local redistricting Public Hearings must be made accessible with people with disabilities
The purpose of this Public Hearing is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A community of interest under the relevant Elections Code for cities (Section 21621(c) is, “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.” Possible features defining community of interest might include, but are not limited to:

1. School attendance areas;

2. Natural dividing lines such as major roads, hills, or highways;

3. Areas around parks and other neighborhood landmarks;

4. Common issues, neighborhood activities, or legislative/election concerns; and

5. Shared demographic characteristics, such as:
• Similar levels of income, education, or linguistic insolation; • Languages spoken at home; and
• Single-family and multi-family housing unit areas.

The City launched it's redistricting website, https://mapporterville.org, in early December 2021, which provides information on Porterville's redistricting process and provides mapping tools for individuals to utilize. Additionally, staff continues with its outreach campaign to raise awareness of the process and engage residents.

Following this Public Hearing, draft district maps and proposed election sequencing will be prepared for presentation and consideration at the third Public Hearing scheduled for February 1, 2022. The fourth Public Hearing has been scheduled for February 15, 2022.

Item No. 15.

RECOMMENDATION: That the City Council:

1. Receive the report from staff and the City's redistricting consultant concerning the redistricting process and permissible criteria to be considered to redraw Council Member district boundaries; and

2. Conduct a Public Hearing to receive public input on the district boundaries.

ATTACHMENTS: 1. Assembly Bill No. 849 (Bonta)
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 16.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Consideration of Sphere of Influence Amendment SOURCE: Community Development
COMMENT: At its meeting on October 20, 2020, the City Council adopted Resolution 86- 2020 approving a Mitigated Negative Declaration for the Citrus Blossom subdivision project, Resolution 87-2020 requesting that the Local Agency Formation Commission of Tulare County (LAFCo) approve an annexation and modify the Porterville Sphere of Influence (SOI), and Resolution 88-2020 approving the Citrus Blossom Tentative Subdivision map. Ordinance 1877, a rezone of APN 243-130-042 from RS-1 (Very Low Density Residential) to RS2 (Low Density Residential), was approved on November 3, 2020, with the first reading taking place at the regularly scheduled City Council Meeting on October 20, 2020, and second reading on November 3, 2020.

The request for annexation and amendment to the Porterville SOI was considered by LAFCO at its meeting on July 7, 2021. The LAFCO Commission denied the request for annexation (LAFCO Case No. 1560-P-323) and continued the request for the amendment to the Porterville SOI (LAFCo Case 1560-P-323A), referring the item back to LAFCO staff and the City of Porterville for further study and consideration of including four additional parcels to the west of the requested amendment to the Porterville SOI. The requested amendment included APN’s 243-130-038, 243-130-039, 243-130- 040, and 243-130-041. The applicant subsequently submitted a request for reconsideration to LAFCO, which went before the Commission on September 1, 2021, and was also denied.

At its meeting on October 5, 2021, the Council provided direction to evaluate an amendment to the Porterville SOI to include the four parcels recommended by LAFCO (APN’s 243-130-038, 243-130-039, 243-130-040, and 243-130- 041), as well as four additional parcels, which include APN’s 243-130-026, 243-130-027 243-130-033, 243-130-034, for a total of eight parcels. The proposed SOI amendment would expand the SOI to border the Friant Kern Canal to the west and Linda Vista Avenue to the north. The eight additional parcels is an approximate 19.7 acre increase to the requested amendment outlined in Resolution 87-2020.

The Mitigated Negative Declaration adopted by Resolution 86-2020, did not evaluate the addition of the eight additional parcels to the Porterville SOI.

Crawford and Bowen Planning, Inc., the environmental consulting firm that wrote the original environmental document, prepared an addendum to the Item No. 16.
adopted Mitigated Negative Declaration based on the current environmental and regulatory setting. The Addendum evaluated the environmental impacts associated with including eight additional parcels into the Porterville SOI pursuant to CEQA Sections 15162 and 15164. The evaluation concluded that the implementation of the Revised Project (increase in SOI amendment) will not result in new significant impacts or substantially increase the severity of impacts previously identified in the Mitigated Negative Declaration, and there are no previously infeasible alternatives that are now feasible.

The Porterville SOI amendment request as adopted in Resolution 87-2020 also included a request for annexation to allow for the Citrus Blossom project to move forward to develop housing within the standards of the City of Porterville Development Ordinance, including the utilization of City of Porterville utilities.

The annexation was denied on July 7, 2021, therefore, if the project is to move forward, it will move forward in the County of Tulare.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution for the Addendum to the
Mitigated Negative Declaration of environmental impact;

2. Adopt the draft Resolution making application to Tulare LAFCO for consideration of a UDB/SOI amendment ;
and

3. Direct Staff to process SOI amendment through Tulare LAFCO
ATTACHMENTS: 1. Locator Map

2. Citrus Blossom CEQA Addendum

3. Draft Resolution - CEQA Addendum

4. Draft Resolution - SOI Amendment

5. LAFCO Resolution 21-015
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager

Addendum
Citrus Blossom TSM Project
Prepared for:

City of Porterville
291 N. Main Street
Porterville, CA 93257
(559) 782-7460
Contact: Jason Ridenour
Prepared by:

Crawford & Bowen Planning, Inc.
113 N. Church Street, Suite 302
Visalia, CA 93291
(559) 840-4414
Contact: Emily Bowen, LEED AP
January 2022

TABLE OF CONTENTS
SECTION ONE – INTRODUCTION...............................................................................................................1

1.1 Addendum Purpose ................................................................................................................................1

1.2 Environmental Analysis and Conclusions ...........................................................................................2

1.3 Incorporation by Reference ....................................................................................................................2

1.4 Addendum Process .................................................................................................................................2 SECTION TWO – PROJECT DESCRIPTION.................................................................................................3

2.1 Location and Setting................................................................................................................................3

2.2 Project Description...................................................................................................................................3 SECTION THREE – CEQA CHECKLIST .......................................................................................................4

3.1 Checklist Evaluation Categories............................................................................................................6

3.2 Environmental Analysis .........................................................................................................................6 Appendix A: Mitigated Negative Declaration – Citrus Blossom TSM Project (2020) Citrus Blossom TSM Project 1
Addendum
Crawford & Bowen Planning, Inc.

SECTION ONE – INTRODUCTION
This environmental document is an Addendum to the Citrus Blossom Project (Approved Project) Initial Study/Mitigated Negative Declaration (IS/MND), adopted on October 20, 2020 (State Clearinghouse #2020090149), by the City Council of the City of Porterville. After the City Council approved the Project, the Tulare County Local Agency Formation Commission (LAFCo) denied the Sphere of Influence (SOI) amendment and annexation, requesting additional parcels be included in the SOI (Revised Project). The proposed annexation area would remain unchanged.

In order to proceed with the Project, the City has determined that an Addendum to the adopted IS/MND should be prepared. As demonstrated in this Addendum, there are no additional impacts and the IS/MND continues to serve as the appropriate document addressing the environmental impacts of these changes, pursuant to California Environmental Quality Act (CEQA).

1.1 Addendum Purpose
When a proposed project is changed or there are changes in environmental setting, a determination must be made by the Lead Agency as to whether an Addendum or Subsequent EIR or MND is prepared. CEQA Guidelines Sections 15162 and 15164 set forth criteria to assess which environmental document is appropriate. The criteria for determining whether an Addendum or Subsequent MND is prepared are outlined below. If the criteria below are true, then an Addendum is the appropriate document:
 No new significant impacts will result from the project or from new mitigation measures.  No substantial increase in the severity of environment impact will occur.  No new feasible alternatives or mitigation measures that would reduce impacts previously found not to be feasible have, in fact been found to be feasible.

Based upon the information provided in Section Three of this document, implementation of the Revised Project will not result in new significant impacts or substantially increase the severity of impacts previously identified in the IS/MND, and there are no previously infeasible alternatives that are now feasible. None of the other factors set forth in Section 15162(a)(3) are present.

As such, an Addendum is appropriate, and this Addendum has been prepared to address the environmental effects of the Project.

Citrus Blossom TSM Project 2
Addendum
Crawford & Bowen Planning, Inc.

1.2 Environmental Analysis and Conclusions
The Approved Project was evaluated under CEQA with an IS/MND in 2020. As previously discussed, additional parcels are being proposed for inclusion in the City’s Sphere of Influence (SOI) at the suggestion of LAFCo. As such, the City is proposing to amend its existing SOI and UDB to include eight additional parcels. This Addendum addresses the environmental effects associated with the Project to determine if there are any new or increased environmental impacts due to implementation of the Project within the current regulatory and environmental setting.

The conclusions of the analysis in this Addendum remain consistent with those made in the original IS/MND. No new significant impacts will result, and no substantial increase in severity of impacts will result from those previously identified in the IS/MND.

1.3 Incorporation by Reference
In compliance with CEQA Guidelines Section 15150, this Addendum has incorporated by reference the Citrus Blossom TSM Project IS/MND, adopted on October 20, 2020 (State Clearinghouse #2020090149). Information from this document incorporated by reference into this Addendum have been briefly summarized in the appropriate section(s) which follow, and the relationship between the incorporated part of the referenced document and this Addendum has been described. Citations to the documents and other sources which have been used in the preparation of this Addendum can be found as footnotes in the sections where they are referenced.

1.4 Addendum Process
As described in Section 1.1, an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
1 An addendum need not be circulated for public review but can be included in or attached to the Final EIR or Negative Declaration.
2 The decision-making body shall consider the
addendum with the final EIR or adopted negative declaration prior to making a decision on the project.
3 Once adopted, the Addendum, along with the original EIR or Negative Declaration, is placed in the Administrative Record, and the CEQA process is complete. A copy of the Addendum will be transmitted to the State Clearinghouse.

1 CEQA Guidelines, Section 15164(a)
2 CEQA Guidelines, Section 15164(c)
3 CEQA Guidelines Section 15164(d)
Citrus Blossom TSM Project 3
Addendum
Crawford & Bowen Planning, Inc.

SECTION TWO – PROJECT DESCRIPTION

2.1 Location and Setting
The City of Porterville is located in Tulare County in the southern part of the San Joaquin Valley. The Project site is located in northwest Porterville, bounded to the north by West Linda Vista Avenue and to the east by North Newcomb Street. A residential subdivision lies to the east, rural residences and fallowed fields to the south, the Friant-Kern Canal to the west, and orchards and rural residences to the north. Porterville is bisected north-south by State Route (SR) 65 and SR 190 runs east-west in the southern portion of the City.

2.2 Project Description
Original IS/MND
The Approved Project consists of an Annexation, Rezone and a Tentative Subdivision Map to allow for the construction of up to 50 single-family residential units on approximately 11.62 acres of land. The Project would be developed on Assessor’s Parcel Number 243-130-042. The Project site is located on the southwest corner of West Linda Vista Avenue and North Newcomb Street.

Project Components
 Construction of internal local streets with two points of ingress/egress; one on the northwest corner of the property, off West Linda Vista Avenue and one on the eastern boundary, off North Newcomb Street.
 Improve all streets in or adjacent to the subdivision, in accordance with the approved improvements plan, per Section 407.02(h) of the Porterville Development Ordinance.  Development of a subdivision tree and landscaping design that will be approved by the City. At least one tree will be planted on each residential lot and street trees will be planted at 35 feet on center along all parkways within and/or bordering the subdivision.  Development of a Landscape plan, in accordance with Chapter 303 of the Porterville Development Ordinance.
 Change the zone from RS-1 to RS-2 (Very Low Density Residential to Low Density Residential) Citrus Blossom TSM Project 4
Addendum
Crawford & Bowen Planning, Inc.

Proposed Changes Analyzed in Addendum
In addition to the residential development analyzed in the original IS, the City is adding 19.7 acres comprising eight parcels to be added to the 25.3-acre proposed SOI/UDB amendment area, for a total Revised Project area of 45 acres, as demonstrated in Figure 1. Parcels to be included are as follows:
 243-130-027
 243-130-034
 243-130-033
 243-130-026
 243-130-038
 243-130-039
 243-130-040
 243-130-041
No development is proposed on the additional parcels to be included in the City’s SOI/UDB.

SECTION THREE – CEQA CHECKLIST
The purpose of the checklist is to evaluate the categories in terms of any changed condition (e.g., changed circumstances, project changes, or new information of substantial importance) that may result in a changed environment result (e.g., a new significant impact or substantial increase in the severity of a previously identified significant effect).
4 The questions posed in the checklist come from Appendix G of the CEQA Guidelines. A “no” answer does not necessarily mean that there are no potential impacts relative to the environmental category, but that there is no change in the condition or status of the impact since it was analyzed and addressed with mitigation measures in the adopted IS/MND. These environmental categories might be answered with a “no” in the checklist, since the proposed project does not introduce changes that would result in modification to the conclusion of the adopted IS/MND.

4 CEQA Guidelines Section 15162
Citrus Blossom TSM Project 5
Addendum
Crawford & Bowen Planning, Inc.

Figure 1 – Proposed SOI Amendment
Citrus Blossom TSM Project 6
Addendum
Crawford & Bowen Planning, Inc.

3.1 Checklist Evaluation Categories
Conclusion in Prior IS/MND – This column provides a cross reference to the section of the IS/MND where the conclusion may be found relative to the environmental issue listed under each topic.

Do Proposed Changes Involve New Impacts? – Pursuant to CEQA Guidelines Section 15162(a)(1), this column indicates whether the changes represented by the Revised Project will result in new significant environmental impacts not previously identified or mitigated by the IS/MND, or whether the changes will result in a substantial increase in the severity of a previously identified significant impact.

New Circumstances Involving New Impacts? – Pursuant to CEQA Guidelines Section 15162(a)(2), this column indicates where there have been substantial changes with respect to the circumstances under which the Project is undertaken that will require major revisions to the IS/MND, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

New Information Requiring Analysis or Verification? – Pursuant to CEAQA Guidelines Section 15162(a)(3)(a-d), this column indicates whether new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of the previous FEIR or MND was certified as complete.

Adopted IS/MND Mitigation Measures – Pursuant to CEQA Guidelines Section 15162(a)(3), this column indicates whether the IS/MND provides mitigation measures to address effects in the related impact category.

3.2 Environmental Analysis
As explained in Section One, this comparative analysis has been undertaken pursuant to the provisions of CEQA Guidelines Sections 15162 and 15164 to provide the City with the factual basis for determining whether any changes in the Project, any changes in circumstances, or any new information since the IS/MND was adopted require additional environmental review or preparation of a Subsequent MND or EIR.

As described in Section Two, the City is proposing to expand the existing SOI/UDB to include eight additional parcels, or an additional 19.7 acres. No development is proposed on the eight parcels. New analysis for impacts within the Project area is provided in this Section of the Addendum on the following pages.

Citrus Blossom TSM Project 7
Addendum
Crawford & Bowen Planning, Inc.

I. AESTHETICS
Environmental Issue
Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Have a substantial
adverse effect on a
scenic vista?
Less Than
Significant.

No. There are
no identified
scenic vistas in
the area.

None.
b. Substantially
damage scenic
resources,
including, but not
limited to, trees,
rock outcroppings,
and historic
buildings within a
state scenic
highway?
Less Than
Significant.

No. There are
no scenic
resources in the
project area.

None.
c. In non-urbanized
areas, substantially
degrade the
existing visual
character or
quality of the site
and its
surroundings?
Less Than
Significant.

No. The project
would not
substantially
degrade site
existing visual
character.

None.
d. Create a new
source of
substantial light or
glare which would
adversely affect
day or nighttime
views in the area?
Less Than
Significant.

No. The project
would not
create a source
of substantial
light or glare.

None.

DISCUSSION
The adopted MND determined that the proposed Project would have less than significant impacts to aesthetic resources. No physical changes or land disturbances would occur as a result of the inclusion of the additional parcels into the City’s SOI/UDB. There are no changes to the Project description that would cause an increase in impacts beyond what was previously analyzed. Therefore, the Project impact remains less than significant.

Citrus Blossom TSM Project 8
Addendum
Crawford & Bowen Planning, Inc.

FINAL IS/ND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 9
Addendum
Crawford & Bowen Planning, Inc.

II. AGRICULTURAL AND FORESTRY RESOURCES
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Convert Prime
Farmland, Unique
Farmland, or Farmland
of Statewide
Importance (Farmland),
as shown on the maps
prepared pursuant to
the Farmland Mapping
and Monitoring
Program of the
California Resources
Agency to nonagricultural use?
Less Than
Significant.

No. The
project will
not remove
any land
from
agricultural
production.

No. The
project will
continue to
not remove
any land from
agricultural
production.

No. The
proposed
project
remains the
same
concerning
agricultural
resources.

None.
b. Conflict with existing
zoning for agricultural
use, or a Williamson
Act contract?
No
Impact.

No. The
project will
not remove
any land
from
agricultural
production.

No. The
project will
not remove
any land from
agricultural
production.

No. The
proposed
project
remains the
same
concerning
agricultural
resources.

None.
c. Conflict with existing
zoning for, or cause
rezoning of, forest land
(as defined in Public
Resources Code section
12220(g)), timberland
(as defined by Public
Resources Code section
4526), or timberland
zoned Timberland
Production (as defined
by Government Code
section 51104(g))?
No
Impact.

No. The
project will
not remove
any land
from
agricultural
production.

No. The
project will
not remove
any land from
agricultural
production.

No. The
proposed
project
remains the
same
concerning
agricultural
resources.

None.
d. Result in the loss of
forest land or
conversion of forest
land to non-forest use?
No
Impact.

No. There is
no forest
land on site.

No. There is
no forest land
on site.

None.
e. Involve other changes
in the existing
Less Than
Significant.

No. The
project will
No. The
project will
No. The
project will
None.

Citrus Blossom TSM Project 10
Addendum
Crawford & Bowen Planning, Inc.

Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
environment which,
due to their location or
nature, could result in
conversion of
Farmland, to nonagricultural use or
conversion of forest
land to non-forest use?
not remove
any land
from
agricultural
production.
not remove
any land from
agricultural
production.
not remove
any land from
agricultural
production.

DISCUSSION
As discussed in the adopted MND, portions of the land to be included in the City’s SOI/UDB are considered Farmland of Statewide Importance by the State’s Farmland Mapping and Monitoring Program. No land under the Williamson Act contracts occurs within the Project area. There is no land development or physical change associated with including the additional parcels in the City’s SOI/UDB and as such, Project implementation does not have the potential to result in the conversion of farmland to non-agricultural uses or forest land to non-forestland. There is no new impact.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The Project will continue to have less than significant impacts on agricultural or forestry resources.

Citrus Blossom TSM Project 11
Addendum
Crawford & Bowen Planning, Inc.

III. AIR QUALITY
Environmental Issue
Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Conflict with or
obstruct
implementation of
the applicable air
quality plan?
Less Than
Significant
Impact.

No. The project
would not
create new
significant
increases in air
emissions that
would conflict
or obstruct
implementation
of an available
air quality plan.

No. The project
would not create
new significant
increases in air
emissions that
would conflict
or obstruct
implementation
of an available
air quality plan.

No. The project
would not
result in a
cumulatively
considerable
net increase of
any criteria
pollutant for
which the
project region is
nonattainment
under an
applicable
federal or state
ambient air
quality
standard.

None.
b. Result in a
cumulatively
considerable net
increase of any
criteria pollutant for
which the project
region is
nonattainment
under an applicable
federal or state
ambient air quality
standard?
Less Than
Significant
Impact.

No. The project
would not result
in a
cumulatively
considerable net
increase of any
criteria pollutant
for which the
project region is
nonattainment
under an
applicable
federal or state
ambient air
quality
standard.

None.
c. Expose sensitive
receptors to
substantial pollutant
concentrations.

Less Than
Significant
Impact.

No. The project
would not
expose
sensitive
receptors to
substantial
No. The project
would not
expose sensitive
receptors to
substantial
No. The project
would not
expose sensitive
receptors to
substantial
None.

Citrus Blossom TSM Project 12
Addendum
Crawford & Bowen Planning, Inc.

Environmental Issue
Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
pollutant
concentrations.
pollutant
concentrations.
pollutant
concentrations.
d. Result in other
emissions (such as
those leading to
odors or adversely
affecting a
substantial number
of people)?
Less Than
Significant
Impact.

No. The project
would not
result in other
emissions that
would affect a
substantial
number of
people.

No. The project
would not result
in other
emissions that
would affect a
substantial
number of
people.

No. The project
would not
result in other
emissions that
would affect a
substantial
number of
people.

None.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts on air quality. The proposed Project includes including an additional 19.7 acres of land within the City’s SOI/UDB. No physical changes are proposed as part of the Project and as such, emissions estimates are not necessary. Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 13
Addendum
Crawford & Bowen Planning, Inc.

IV. BIOLOGICAL RESOURCES
Environmental Issue
Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted IS/MND
Mitigation
Measures
Would the project:
a. Have a
substantial
adverse effect,
either directly or
through habitat
modifications,
on any species
identified as a
candidate,
sensitive, or
special status
species in local
or regional
plans, policies,
or regulations, or
by the California
Department of
Fish and Game
or U.S. Fish and
Wildlife Service?
Less Than
Significant
Impact with
Mitigation
Incorporation.

No. There is
no physical
development
associated
with this
Project and as
such, there
are no
changes to
the Project
description
that would
result in an
increase in
biological
impacts from
the previous
IS/MND.

No. There is no
physical
development
associated
with this
Project and as
such, there are
no changes to
the Project
description
that would
result in an
increase in
biological
impacts from
the previous
IS/MND.

No. There is no
physical
development
associated with
this Project and
as such, there
are no changes
to the Project
description that
would result in
an increase in
biological
impacts from the
previous
IS/MND.

Yes. BIO – 1 and
BIO – 2.
b. Have a
substantial
adverse effect on
any riparian
habitat or other
sensitive natural
community
identified in
local or regional
plans, policies,
regulations, or
by the California
Department of
Fish and Game
or U.S. Fish and
Wildlife Service?
Less Than
Significant
Impact.

No. There are
no physical
changes
associated
with the
Project.

No. There are no
physical changes
associated with
the Project.

None.
c. Have a
substantial
adverse effect on
federally
protected
Less Than
Significant
Impact.

No. There are
no physical
changes
associated
No. There are
no physical
changes
associated
No. There are no
physical changes
associated with
the Project.

None.

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Addendum
Crawford & Bowen Planning, Inc.

Environmental Issue
Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted IS/MND
Mitigation
Measures
wetlands as
defined by
Section 404 of
the Clean Water
Act (including,
but not limited
to, marsh, vernal
pool, coastal,
etc.) through
direct removal,
filling,
hydrological
interruption, or
other means?
with the
Project.
with the
Project.
d. Interfere
substantially
with the
movement of
any native
resident or
migratory fish or
wildlife species
or with
established
native resident
or migratory
wildlife
corridors, or
impede the use
of native wildlife
nursery sites?
Less Than
Significant
Impact with
Mitigation
Incorporation.

No. There are
no physical
changes
associated
with the
Project.

No. There are no
physical changes
associated with
the Project.

BIO-3: Yes. BIO-3.
e. Conflict with
any local policies
or ordinances
protecting
biological
resources, such
as a tree
preservation
policy or
ordinance?
Less Than
Significant.

No. There are
no physical
changes
associated
with the
Project.

No. There are no
physical changes
associated with
the Project.

None.
f. Conflict with the
provisions of an
adopted Habitat
Conservation
Less Than
Significant.

No. The
Project is not
subject to any
adopted
No. The
Project is not
subject to any
adopted
No. The Project
is not subject to
any adopted
biological
None.

Citrus Blossom TSM Project 15
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Crawford & Bowen Planning, Inc.

Environmental Issue
Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted IS/MND
Mitigation
Measures
Plan, Natural
Community
Conservation
Plan, or other
approved local,
regional, or state
habitat
conservation
plan?
biological
conservation
plans.
biological
conservation
plans.
conservation
plans.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts on biological resources with mitigation incorporation. A Biological Reconnaissance Survey (Survey) was conducted in March of 2020 to address potential impacts to biological resources resulting from development of the original 11.62-acre site. The Project now includes eight additional parcels for a total of 35 acres added to the City’s SOI/UDB. The additional acreage was not included in the Survey; however, no development is proposed for the additional parcels included in the Project.

Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
BIO-1 To the extent practicable, construction shall be scheduled to avoid the Swainson’s hawk nesting season, which extends from March through August BIO-2 If it is not possible to schedule work between September and February, a qualified biologist shall conduct a survey for active Swainson’s hawk nests within 0.50 miles of the Project site no more than 14 days prior to the start of construction. If an active nest is found within 0.50 miles, and the qualified biologist determines that Project activities would disrupt nesting, a construction-free buffer or limited operating period shall be implemented in consultation with the CDFW.

BIO-3: To the extent practicable, construction shall be scheduled to avoid the nesting season, which extends from February through August. If it is not possible to schedule construction between September and January, preconstruction surveys for nesting birds shall be Citrus Blossom TSM Project 16
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Crawford & Bowen Planning, Inc.
conducted by a qualified biologist to ensure that no active nests will be disturbed during Project implementation. A preconstruction survey shall be conducted no more than 14 days prior to the initiation of construction activities. During this survey, the qualified biologist shall inspect all potential nest substrates in and immediately adjacent to the impact area for nests. If an active nest is found close enough to the construction area to be disturbed by these activities, the qualified biologist shall determine the extent of a construction-free buffer to be established around the nest. If work cannot proceed without disturbing the nesting birds, work may need to be halted or redirected to other areas until nesting and fledging are completed or the nest has otherwise failed for non-construction related reasons.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

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Crawford & Bowen Planning, Inc.

V. CULTURAL RESOURCES
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Cause a substantial
adverse change in the
significance of a
historical resource as
defined in §15064.5?
Less Than
Significant
with
Mitigation
Incorporation.

No. There are
no physical
changes
associated
with the
Project.

No. There are
no physical
changes
associated with
the Project.

Yes.

CUL-1.
b. Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to §15064.5?
Less Than
Significant
with
Mitigation
Incorporation.

No. There are
no physical
changes
associated
with the
Project.

No. There are
no physical
changes
associated with
the Project.

Yes.

CUL-1.
c. Cause a disturbance in
any human remains,
including those
interred outside of
formal cemeteries?
Less Than
Significant
with
Mitigation
Incorporation.

No. There are
no physical
changes
associated
with the
Project.

No. There are
no physical
changes
associated with
the Project.

Yes.

CUL-2.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts to cultural resources, with mitigation implemented. A Cultural Resources Records Search (Search) was conducted by the Southern San Joaquin Valley Information Center for the original project site. The Search concluded that there are no recorded resources within the project area; however, it is unknown if any are present. No development is proposed for the additional parcels included in the Project. As discussed in the original IS/MND, although no known cultural or archaeological resources or human remains exist on site, the possibility exists that such resources or remains may be discovered during Project site preparation, excavation and/or grading activities. Mitigation Measures CUL-1 and CUL-2 will continue to be implemented to ensure that the Project will result in less than significant impacts with mitigation.

FINAL IS/MND MITIGATION MEASURES
Citrus Blossom TSM Project 18
Addendum
Crawford & Bowen Planning, Inc.

CUL-1 The following measures shall be implemented:
 Before initiation of construction or ground-disturbing activities associated with the Project, the City shall require all construction personnel to be alerted to the possibility of buried cultural resources, including historic, archeological and paleontological resources;  The general contractor and its supervisory staff shall be responsible for monitoring the construction Project for disturbance of cultural resources; and  If a potentially significant historical, archaeological, or paleontological resource, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains or trash deposits are encountered during subsurface construction activities (i.e., trenching, grading), all construction activities within a 100-foot radius of the identified potential resource shall cease until a qualified archaeologist evaluates the item for its significance and records the item on the appropriate State Department of Parks and Recreation (DPR) forms. The archaeologist shall determine whether the item requires further study. If, after the qualified archaeologist conducts appropriate technical analyses, the item is determined to be significant under California Environmental Quality Act, the archaeologist shall recommend feasible mitigation measures, which may include avoidance, preservation in place or other appropriate measure, as outlined in Public Resources Code section 21083.2. The City of Porterville shall implement said measures.

CUL-2 The Project applicant will incorporate into the construction contract(s) a provision that in the event a fossil or fossil formations are discovered during any subsurface construction activities for the proposed Project (i.e., trenching, grading), all excavations within 100 feet of the find shall be temporarily halted until the find is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The paleontologist shall notify the appropriate representative at the City of Porterville, who shall coordinate with the paleontologist as to any necessary investigation of the find. If the find is determined to be significant under CEQA, the City shall implement those measures, which may include avoidance, preservation in place, or other appropriate measures, as outlined in Public Resources Code section 21083.2.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 19
Addendum
Crawford & Bowen Planning, Inc.

VI. ENERGY
Environmental Issue
Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Result in
potentially
significant
environmental
impact due to
wasteful,
inefficient or
unnecessary
consumption of
energy resources,
during project
construction or
operation?
Less Than
Significant
Impact.

No. There are
no physical
changes
associated with
the Project.

None.
b. Conflict with or
obstruct a state or
local plan for
renewable energy
or energy
efficiency?
Less Than
Significant
Impact.

No. The Project
does not
conflict with
any applicable
energy use
plans.

No. The Project
does not conflict
with any
applicable
energy use
plans.

None.

DISCUSSION
As discussed in the original MND, during construction, the Project would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, and pipes. Title 24 Building Energy Efficiency Standards provide guidance on construction techniques to maximize energy conservation and it is expected that contractors and owners have a strong financial incentive to use recycled materials and products originating from nearby sources in order to reduce materials costs. No development is proposed for the additional parcels included in the Project. As such, the inclusion of additional parcels would not involve the wasteful, inefficient, or unnecessary consumption of energy.

Any impacts remain less than significant.

FINAL IS/MND MITIGATION MEASURES
Citrus Blossom TSM Project 20
Addendum
Crawford & Bowen Planning, Inc.

None.

CONCLUSION
The conclusion from the original IS/MND remains unchanged.

Citrus Blossom TSM Project 21
Addendum
Crawford & Bowen Planning, Inc.

VII. GEOLOGY AND SOILS
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstance
s Involving
New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Directly or indirectly
cause potential
substantial adverse
effects, including the
risk of loss, injury, or
death involving:
i. Rupture of a
known
earthquake fault,
as delineated on
the most recent
Alquist-Priolo
Earthquake Fault
Zoning Map
issued by the
State Geologist
for the area or
based on other
substantial
evidence of a
known fault?
Refer to Division
of Mines and
Geology Special
Publication 42.

No Impact. No. The
project would
not be
exposed to
fault rupture.

There are no
physical
changes
associated
with the
Project.

No. The
project would
not be
exposed to
fault rupture.

There are no
physical
changes
associated
with the
Project.

No. The project
would not be
exposed to
fault rupture.

There are no
physical
changes
associated with
the Project.

None.
ii. Strong seismic
ground shaking?
Less Than
Significant
Impact.

No. The
project would
not be
exposed to
fault rupture.

There are no
physical
changes
associated
with the
Project.

No. The
project would
not be
exposed to
fault rupture.

There are no
physical
changes
associated
with the
Project.

No. The project
would not be
exposed to
fault rupture.

There are no
physical
changes
associated with
the Project.

None.

Citrus Blossom TSM Project 22
Addendum
Crawford & Bowen Planning, Inc.

Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstance
s Involving
New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
iii. Seismic-related
ground failure,
including
liquefaction?
Less Than
Significant
Impact.

No. The
project would
not increase
exposure to
seismicrelated
ground
failure
including
liquefaction.

No. The project
would not
increase
exposure to
seismic-related
ground failure
including
liquefaction.

None.
iv. Landslides? Less Than
Significant
Impact.

No. The
project would
not increase
exposure to
landslides.

No. The project
would not
increase
exposure to
landslides.

None.
b. Result in substantial
soil erosion or the
loss of topsoil?
Less Than
Significant
Impact.

No. The
project would
not result in
soil erosion
or the loss of
topsoil.

No. The project
would not
result in soil
erosion or the
loss of topsoil.

None.
c. Be located on a
geologic unit or soil
that is unstable, or
that would become
unstable as a result
of the project, and
potentially result in
on- or off-site
landslide, lateral
spreading,
subsidence,
liquefaction or
collapse?
No Impact. No. The
project would
not increase
exposure to
risks
associated
with unstable
geologic units
or soils.

No. The
project would
not increase
exposure to
risks
associated
with unstable
geologic units
or soils.

No. The project
would not
increase
exposure to
risks associated
with unstable
geologic units
or soils.

None.
d. Be located on
expansive soil, as
defined in Table 18-
1-B of the most
recently adopted
Uniform Building
Code creating
substantial risks to
life or property?
Less Than
Significant
Impact.

No. The
project would
not increase
exposure to
risks
associated
with
expansive
soil.

No. The project
would not
increase
exposure to
risks associated
with expansive
soil.

None.

Citrus Blossom TSM Project 23
Addendum
Crawford & Bowen Planning, Inc.

Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstance
s Involving
New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
e. Have soils incapable
of adequately
supporting the use
of septic tanks or
alternative waste
water disposal
systems where
sewers are not
available for the
disposal of waste
water?
No Impact. No. The
project would
not
implement
septic tanks
or alternative
wastewater
disposal
systems.

No. The
project would
not
implement
septic tanks
or alternative
wastewater
disposal
systems.

No. The project
would not
implement
septic tanks or
alternative
wastewater
disposal
systems.

None.
f. Directly or indirectly
destroy a unique
paleontological
resource or site or
unique geologic
feature?
Less Than
Significant
Impact.

No. The
project would
not directly
or indirectly
destroy a
unique
paleontologic
al resource,
site, or
unique
geologic
feature.

No. The project
would not
directly or
indirectly
destroy a
unique
paleontological
resource, site,
or unique
geologic
feature.

None.

DISCUSSION
The original IS/MND identified that no active faults underlie the City of Porterville and no erosion or loss of topsoil will occur. The Project site is not located within a currently designated Earthquake Fault Zone (formerly Alquist-Priolo Earthquake Fault Zone). The Project does not include the use of septic tanks or other alternative wastewater disposal systems. There are no changes to the Project description that would cause an increase in impacts beyond what was previously analyzed. Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
Citrus Blossom TSM Project 24
Addendum
Crawford & Bowen Planning, Inc.

The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 25
Addendum
Crawford & Bowen Planning, Inc.

VIII. GREENHOUSE GAS EMISSIONS
Environmental Issue
Area
Adopted IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Generate
greenhouse gas
emissions, either
directly or
indirectly, that may
have a significant
impact on the
environment?
Less Than
Significant with
Mitigation
Incorporation.

No. The
project would
not generate
a significant
amount of
greenhouse
gas
emissions.

No. The project
would not
generate a
significant
amount of
greenhouse gas
emissions.

Yes.

GHG-1.
b. Conflict with an
applicable plan,
policy or regulation
adopted for the
purpose of
reducing the
emissions of
greenhouse gases?
Less Than
Significant
Impact.

No. The
project would
not conflict
with an
applicable
GHG
reduction
plan.

No. The project
would not
conflict with an
applicable
GHG reduction
plan.

None.

DISCUSSION
As discussed in the original IS/MND, the proposed Project would generate greenhouse gas emissions from long-term area and mobile sources as well as indirectly from energy consumption. Mobile sources would include residential vehicle trips and area source emissions would result from consumption of natural gas and electricity. As there is no development associated with including the additional parcels in the City’s SOI/UDB, the Project will not generate greenhouse gas emissions or conflict with an applicable plan, policy or greenhouse gas regulation. Therefore, the Project impact remains less than significant with mitigation incorporated.

FINAL IS/MND MITIGATION MEASURES
GHG-1: The project applicant shall demonstrate compliance with the applicable BPS strategies to the Planning Division prior to the issuance of a building permit. The following PBS strategies are considered to be applicable, feasible, and effective in reducing greenhouse gas emissions generated by the project:

Citrus Blossom TSM Project 26
Addendum
Crawford & Bowen Planning, Inc.
 The project applicant shall provide a pedestrian access network that internally links all residential units and connects to the existing surrounding external streets and pedestrian facilities.  The project applicant shall ensure site design and building placement minimize barriers to pedestrian access and interconnectivity. Physical barriers such as wells, berms, landscaping, and slopes between residential uses that impede bicycle or pedestrian circulation shall be eliminated. In addition, barriers to pedestrian access of neighboring facilities and sites shall be minimized.
 Any transit stops associated with the project shall be provided with safe and convenient bicycle/pedestrian access and provide essential transit stop improvements (i.e., shelters, route information, benches, and lighting).
 The project applicant shall install energy efficient roofing materials.  The project applicant shall incorporate bike lanes and routes into the street system.
 The project applicant shall plant trees to provide shade.  The project applicant shall install only natural gas or electric stoves in residences. The project applicant shall install energy efficient heating and cooling systems, appliances and equipment, and control systems.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 27
Addendum
Crawford & Bowen Planning, Inc.

IX. HAZARDS AND HAZARDOUS MATERIALS
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes Involve
New Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Create a significant
hazard to the public or
the environment
through the routine
transport, use, or
disposal of hazardous
materials?
Less Than
Significant
Impact.

No. The project
would not create
new or increased
impact involving
hazardous
materials.

No. The project
would not create
new or increased
impact
involving
hazardous
materials.

None.
b. Create a significant
hazard to the public or
the environment
through reasonably
foreseeable upset and
accident conditions
involving the release of
hazardous materials
into the environment?
Less Than
Significant
Impact.

No. The project
would not create
additional
significant
hazard to the
public or
environmental
through
reasonably
foreseeable
upset and
accident
conditions.

None.
c. Emit hazardous
emissions or handle
hazardous or acutely
hazardous materials,
substances, or waste
within one-quarter mile
of an existing or
proposed school?
No
Impact.

No. There
continues to be
no school within
one-quarter mile
of the site.

None.
d. Be located on a site
which is included on a
list of hazardous
materials sites
compiled pursuant to
Government Code
Section 65962.5 and, as
a result, would it create
a significant hazard to
the public or the
environment?
No
Impact.

No. The project
is not designated
as a site which is
included on a
list of hazardous
materials sites
compiled
pursuant to
Government
Code Section
65962.5.

None.
e. For a project located
within an airport land
No
Impact.

No. The project
is not within an
No. The project
is not within an
No. The project
is not within an
None.

Citrus Blossom TSM Project 28
Addendum
Crawford & Bowen Planning, Inc.

Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes Involve
New Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
use plan or, where such
a plan has not been
adopted, within two
miles of a public airport
or public use airport,
would the project result
in a safety hazard for
people residing or
working in the project
area?
Airport Land
Use Plan Zone.

Airport Land
Use Plan Zone.

Airport Land
Use Plan Zone.
f. Impair implementation
of or physically
interfere with an
adopted emergency
response plan or
emergency evacuation
plan?
No
Impact.

No. The project
would not
impair
emergency
evacuation or
response.

None.
g. Expose people or
structures to a
significant risk of loss,
injury or death
involving wildland
fires?
No
Impact.

No. The project
site is not
located in an
area susceptible
to extreme fire
hazards or
wildland fires.

None.

DISCUSSION
The original IS/MND determined that there would be less than significant impacts to hazards and hazardous materials. There is no construction or development associated with including the additional parcels in the City’s SOI/UDB and as such, the Project would not cause an increase in impacts beyond what was previously analyzed. Therefore, the impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 29
Addendum
Crawford & Bowen Planning, Inc.

X. HYDROLOGY AND WATER QUALITY
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Violate any water quality
standards or waste
discharge requirements or
otherwise substantially
degrade surface or ground
water quality?
Less than
Significant
Impact.

No. The project
would not
violate water
quality
standards or
waste discharge
requirements.

None.
b. Substantially decrease
groundwater supplies or
interfere substantially with
groundwater recharge such
that the project may impede
sustainable groundwater
management of the basin?
Less than
Significant
Impact.

No. The project
would not
substantially
deplete
groundwater
resources or
impair
groundwater
recharge.

None.
c. Substantially alter the
existing drainage pattern of
the site or area, including
through the alteration of
the course of a stream or
river, in a manner which
would result in substantial
erosion or siltation on- or
off-site?
Less than
Significant
Impact.

No. The project
would not
substantially
alter the
existing site
drainage
pattern and it
would not alter
the course of a
stream or river
or result in
erosion or
siltation on or
off site.

None.
d. Substantially alter the
existing drainage pattern of
the site or area, including
through the alteration of
the course of a stream or
river, or substantially
increase the rate or amount
of surface runoff in a
manner which would result
in flooding on- or off-site?
Less than
Significant
Impact.

No. The project
would not
substantially
alter the
existing site
drainage
pattern on the
site or area, and
it would not
alter the course
No. The project
would not
substantially
alter the
existing site
drainage
pattern on the
site or area, and
it would not
alter the course
No. The project
would not
substantially
alter the
existing site
drainage
pattern on the
site or area, and
it would not
alter the course
None.

Citrus Blossom TSM Project 30
Addendum
Crawford & Bowen Planning, Inc.

Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
of a stream or
river or
substantially
increase the
rate of runoff in
a manner that
would result in
flooding on- or
off- site.
of a stream or
river or
substantially
increase the
rate of runoff in
a manner that
would result in
flooding on- or
off- site.
of a stream or
river or
substantially
increase the
rate of runoff in
a manner that
would result in
flooding on- or
off- site.
e. Create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff?
Less than
Significant
Impact.

No. The project
would not
increase the
rate of runoff in
a manner that
would result in
flooding on- or
off- site.

None.
f. Impede or redirect flood
flows?
Less than
Significant
Impact.

No. The project
would not
impede or
redirect flood
flows.

None.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts on hydrology and water quality. There is no construction or development associated with including the additional parcels in the City’s SOI/UDB and as such, the Project would not cause an increase in impacts beyond what was previously analyzed. Therefore, the impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 31
Addendum
Crawford & Bowen Planning, Inc.

XI. LAND USE AND PLANNING
Environmental Issue
Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Physically divide an
established
community?
No Impact. No. The
project would
not divide an
established
community.

No. The
project would
not divide an
established
community.

None.
b. Cause a significant
environmental
impact due to a
conflict with any
land use plan,
policy, or regulation
adopted for the
purpose of avoiding
or mitigating an
environmental
effect?
No Impact. No. The
project
involves
including
additional
parcels within
the City’s
SOI/UDB.

There is no
development
associated
with the
project.

No. The
project
involves
including
additional
parcels within
the City’s
SOI/UDB.

There is no
development
associated
with the
project.

No. The
project
involves
including
additional
parcels within
the City’s
SOI/UDB.

There is no
development
associated
with the
project.

None.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have no impact on land use and planning. There is no construction or development associated with including the additional parcels in the City’s SOI/UDB and as such, the Project would not cause an increase in impacts beyond what was previously analyzed. Therefore, there remains no impact.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 32
Addendum
Crawford & Bowen Planning, Inc.

XII. MINERAL RESOURCES
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Result in the loss of
availability of a known
mineral resource that
would be of value to
the region and the
residents of the state?
No
Impact.

No. The
project would
not result in
the loss of
known
mineral
resources.

None.
b. Result in the loss of
availability of a locally
important mineral
resource recovery site
delineated on a local
general plan, specific
plan or other land use
plan?
No
Impact.

No. The
project would
not result in
the loss of
known
mineral
resources.

None.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have no impact to mineral resources. There are no changes to the Project description that would cause an increase in impacts beyond what was previously analyzed. Therefore, there continues to be no impact.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 33
Addendum
Crawford & Bowen Planning, Inc.

XIII. NOISE
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes Involve
New Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Exposure of persons to
or generation of noise
levels in excess of
standards established
in the local general plan
or noise ordinance, or
applicable standards of
other agencies?
Less Than
Significant
Impact.

No. The project
would not
expose persons
to or generate
noise levels in
excess of
standards
established by
applicable local,
regional or
national
regulations.

Yes.

NOI-1,
NOI-2
and NOI3.
b. Exposure of persons to
or generation of
excessive groundborne
vibration or
groundborne noise
levels?
Less Than
Significant
Impact.

No. The project
would not
expose persons
to excessive
groundborne
vibration.

Yes.

NOI-1,
NOI-2
and NOI3.
c. For a project located
within a private airstrip
or airport land use plan
or, where such a plan
has not been adopted,
within two miles of a
public airport or public
use airport, would the
project expose people
residing or working in
the project area to
excessive noise levels?
No
Impact.

No. The project
is not within the
established
airport noise
contour.

No.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant with mitigation incorporation to no impact with regards to noise. There are no changes to the Project description that would cause an increase in noise beyond what was previously analyzed, as no development is associated with including additional parcels in the City’s SOI/UDB. No additional noise Citrus Blossom TSM Project 34
Addendum
Crawford & Bowen Planning, Inc.
will be generated and therefore, the Project impact remains less than significant with mitigation incorporation.

FINAL IS/MND MITIGATION MEASURES
NOI-1 During the construction period, delivery trucks serving the Project shall be limited to between 6:00 A.M. and 9:00 P.M. Monday through Friday and between 7:00 A.M. and 5:00 PM on Saturday or Sunday to avoid noise-sensitive hours of the day.

NOI-2 Construction activities shall be limited to between 6:00 A.M. and 9:00 P.M. Monday through Friday and between 7:00 A.M. and 5:00 PM on Saturday or Sunday to avoid noise-sensitive hours of the day. Construction activities shall be prohibited on holidays (President’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas Day, and New Year’s Day).

NOI-3 The construction contract shall require the construction contractor to ensure that construction equipment noise is minimized by muffling and shielding intakes and exhaust on construction equipment (in accordance with the manufacturer’s specifications) and by shrouding or shielding impact tools.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 35
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XIV. POPULATION AND HOUSING
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes Involve
New Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Induce substantial
population growth in
an area, either directly
(for example, by
proposing new homes
and businesses) or
indirectly (for example,
through extension of
roads or other
infrastructure)?
Less Than
Significant
Impact.

No. The project
would not
induce
substantial
growth in the
project area.

None.
b. Displace substantial
numbers of existing
housing, necessitating
the construction of
replacement housing
elsewhere?
Less Than
Significant
Impact.

No. The project
will not displace
existing housing.

None.

RESPONSES
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts on population and housing. There is no construction or development associated with including the additional parcels in the City’s SOI/UDB and as such, the Project would not cause an increase in impacts beyond what was previously analyzed. Therefore, there remains less than significant impacts.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 36
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XV. PUBLIC SERVICES
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes Involve
New Impacts?
New
Circumstances
Involving New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Would the project
result in substantial
adverse physical
impacts associated with
the provision of new or
physically altered
governmental facilities,
need for new or
physically altered
governmental facilities,
the construction of
which could cause
significant
environmental impacts,
in order to maintain
acceptable service
ratios, response times
or other performance
objectives for any of the
public services:

Fire protection?
Less Than
Significant
Impact.

No. The project
would not result
in a need for
new or
expanded fire
protection
facilities.

No. The project
would not
result in a need
for new or
expanded fire
protection
facilities.

None.

Police protection?
Less Than
Significant
Impact.

No. The project
would not result
in a need for
new or
expanded police
protection
facilities.

No. The project
would not
result in a need
for new or
expanded
police
protection
facilities.

None.

Schools?
Less Than
Significant
Impact.

No. The project
would not result
in a need for
new or
No. The project
would not result
in a need for
new or
No. The project
would not
result in a need
for new or
None.

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expanded school
facilities.
expanded school
facilities.
expanded
school facilities.

Parks?
Less Than
Significant
Impact.

No. The project
would not result
in a need for
new or
expanded park
facilities.

No. The project
would not
result in a need
for new or
expanded park
facilities.

None.

Other public
facilities?
Less Than
Significant
Impact.

No. The project
would not result
in a need for
new or
expanded other
facilities.

No. The project
would not
result in a need
for new or
expanded other
facilities.

None.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts on public services. There are no changes to the Project description that would cause an increase in impacts beyond what was previously analyzed. Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 38
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XVI. RECREATION
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Would the project
increase the use of
existing neighborhood
and regional parks or
other recreational
facilities such that
substantial physical
deterioration of the
facility would occur or
be accelerated?
Less Than
Significant
Impact.

No. The project
would not
result in the
deterioration of
an existing park
as there is no
development
associated with
Project
implementation.

None.
b. Does the project
include recreational
facilities or require the
construction or
expansion of
recreational facilities
which might have an
adverse physical effect
on the environment?
Less Than
Significant
Impact.

No. The project
would not
result in a need
for new or
expanded park
facilities as
there is no
development
associated with
Project
implementation.

None.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts to recreational resources. There are no changes to the Project description that would cause an increase in impacts beyond what was previously analyzed. Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
Citrus Blossom TSM Project 39
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The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 40
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XVII. TRANSPORTATION/TRAFFIC
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New
Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Conflict with an
applicable plan,
ordinance or policy
addressing the
circulation system,
including transit,
roadway, bicycle and
pedestrian facilities?
Less Than
Significant
Impact.

No. The project
would not
conflict with an
applicable plan,
ordinance or
policy
regarding the
circulation
system.

None.
b. Conflict or be
inconsistent with
CEQA Guidelines
section 15064.3,
subdivision (b)?
Less Than
Significant
Impact.

No. The project
would not
conflict with
CEQA
Guidelines
section 15064.3,
subdivision (b).

None
c. Substantially increase
hazards due to a
design feature (e.g.,
sharp curves or
dangerous
intersections) or
incompatible uses
(e.g., farm
equipment)?
Less Than
Significant
Impact.

No. The project
would not
increase
hazards due to
a design
feature.

None.
d. Result in inadequate
emergency access?
Less Than
Significant
Impact.

No. The project
would not
result in
inadequate
emergency
access.

None.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts on transportation. There are no changes to the Project description that would cause Citrus Blossom TSM Project 41
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an increase in impacts beyond what was previously analyzed. Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 42
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XVIII. TRIBAL CULTURAL RESOURCES
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Would the project cause
a substantial adverse
change in the
significance of a tribal
cultural resource,
defined in Public
Resources Code section
21074 as either a site,
feature, place, cultural
landscape that is
geographically defined
in terms of the size and
scope of the landscape,
sacred place, or object
with cultural value to
a California Native
American tribe, and that
is:

Less Than
Significant
Impact.

No. There are
no physical
changes
associated with
the Project.

None.
h. Listed or eligible for
listing in the
California Register of
Historical Resources,
or in a local register of
historical resources as
defined in Public
Resources Code
section 5020.1(k), or
Less Than
Significant
Impact.

No. There are
no physical
changes
associated with
the Project.

None.
ii. A resource determined
by the lead agency, in
its discretion and
supported by
substantial evidence, to
be significant pursuant
to criteria set forth in
subdivision (c) of
Public Resources Code
Section 5024.1. In
applying the criteria set
forth in subdivision (c)
of Public Resource
Code Section 5024.1,
Less Than
Significant
Impact.

No. There are
no physical
changes
associated with
the Project.

None.

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the lead agency shall
consider the
significance of the
resource to a California
Native American tribe.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts on tribal resources. There are no changes to the Project description that would cause an increase in impacts beyond what was previously analyzed. Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
Less than significant impact.

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XIX. UTILITIES AND SERVICE SYSTEMS
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Require or result in the
relocation or
construction of new or
expanded water,
wastewater treatment or
storm water drainage,
electric power, natural
gas, or
telecommunications
facilities, the
construction or
relocation of which
could cause significant
environmental effects?
Less Than
Significant
Impact.

No. There are
no physical
changes
associated
with the
Project.

No. There are
no physical
changes
associated with
the Project.

None.
b. Have sufficient water
supplies available to
serve the project and
reasonably forsee future
development during
normal, dry and
multiple dry years?
Less Than
Significant
Impact.

No. There are
no physical
changes
associated
with the
Project.

No. There are
no physical
changes
associated with
the Project.

None.
c. Result in a
determination by the
wastewater treatment
provider which serves or
may serve the project
that it has adequate
capacity to serve the
project’s projected
demand in addition to
the provider’s existing
commitments?
Less Than
Significant
Impact.

No. There are
no physical
changes
associated
with the
Project.

No. There are
no physical
changes
associated with
the Project.

None.
d. Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or
otherwise impair the
attainment of solid
waste reduction goals?
Less Than
Significant
Impact.

No. There are
no physical
changes
associated
with the
Project.

No. There are
no physical
changes
associated with
the Project.

None.

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Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
e. Comply with federal,
state, and local
management and
reduction statues and
regulations related to
solid waste?
Less Than
Significant
Impact.

No. The
project
would
comply with
applicable
statues and
regulations
related to
solid waste.

No. The
project would
comply with
applicable
statues and
regulations
related to solid
waste.

No. The project
would comply
with applicable
statues and
regulations
related to solid
waste.

None.

DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts on utilities and service systems. There are no changes to the Project description that would cause an increase in impacts beyond what was previously analyzed. Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 46
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XX. WILDFIRE
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Substantially impair
an adopted
emergency response
plan or emergency
evacuation plan?
Less Than
Significant
Impact.

No. The City
has reviewed
the site plan
and has
determined that
there will be no
impairment of
emergency
plans.

None.
b. Due to slope, prevailing
winds, and other
factors, exacerbate
wildfire risks, and
thereby expose project
occupants to, pollutant
concentrations from a
wildfire or the
uncontrolled spread of
a wildfire?
Less Than
Significant
Impact.

No. The project
would not
exacerbate
wildfire risks.

None.
c. Require the installation
or maintenance of
associated
infrastructure (such as
roads, fuel breaks,
emergency water
sources, power lines or
other utilities) that may
exacerbate fire risk or
that may result in
temporary or ongoing
impacts to the
environment?
Less Than
Significant
Impact.

No. There is no
development
associated with
Project
implementation.

None.
d. Expose people or
structures to significant
risks, including
downslope or
downstream flooding
or landslides, as a result
of runoff, post-fire
slope instability, or
drainage changes?
Less Than
Significant
Impact.

No. There is no
development
associated with
Project
implementation.

None.

Citrus Blossom TSM Project 47
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DISCUSSION
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts regarding wildfire hazards. There are no changes to the Project description that would cause an increase in impacts beyond what was previously analyzed. Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
None.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

Citrus Blossom TSM Project 48
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XXI. MANDATORY FINDINGS OF SIGNIFICANCE
Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
Would the project:
a. Does the project have
the potential to
degrade the quality of
the environment,
substantially reduce
the habitat of a fish or
wildlife species, cause
a fish or wildlife
population to drop
below self-sustaining
levels, threaten to
eliminate a plant or
animal community,
reduce the number or
restrict the range of a
rare or endangered
plant or animal or
eliminate important
examples of the major
periods of California
history or prehistory?
Less Than
Significant
with
Mitigation
Incorporation.

No. The project
would not
degrade the
quality of the
environment,
substantially
reduce the
habitat of a fish
or wildlife
species, cause a
fish or wildlife
population to
drop below
self-sustaining
levels, threaten
to eliminate a
plant or animal
community,
reduce the
number or
restrict the
range of a rare
or endangered
plant or
animal, or
eliminate
important
examples of the
major periods
of California
history or
prehistory.

No. The project
would not
degrade the
quality of the
environment,
substantially
reduce the
habitat of a fish
or wildlife
species, cause a
fish or wildlife
population to
drop below selfsustaining
levels, threaten
to eliminate a
plant or animal
community,
reduce the
number or
restrict the
range of a rare
or endangered
plant or animal,
or eliminate
important
examples of the
major periods of
California
history or
prehistory.

Various
throughout
IS.
b. Does the project have
impacts that are
individually limited,
but cumulatively
considerable?
(“Cumulatively
considerable” means
that the incremental
effects of a project are
considerable when
Less Than
Significant
Impact.

No. The project
would not have
cumulatively
considerable
impacts.

None.

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Environmental Issue Area
Adopted
IS/MND
Conclusion
Do Proposed
Changes
Involve New
Impacts?
New
Circumstances
Involving New
Impacts?
New Information
Requiring
Analysis or
Verification?
Adopted
IS/MND
Mitigation
Measures
viewed in connection
with the effects of past
projects, the effects of
other current projects,
and the effects of
probable future
projects)?
c. Does the project have
environmental effects
which will cause
substantial adverse
effects on human
beings, either directly
or indirectly?
Less Than
Significant
with
Mitigation
Incorporation.

No. The project
would not have
cumulatively
considerable
impact.

Various
throughout
IS.

RESPONSES
The adopted Mitigated Negative Declaration determined that the proposed Project would have less than significant impacts on mandatory findings of significance. There are no changes to the Project description that would cause an increase in impacts beyond what was previously analyzed. Therefore, the Project impact remains less than significant.

FINAL IS/MND MITIGATION MEASURES
Various mitigation measures throughout IS.

CONCLUSION
The conclusions from the IS/MND remain unchanged.

RESOLUTION NO. _____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ADOPTING AN ADDENDUM TO THE ADOPTED MITIGATED NEGATIVE

DECLARATION OF ENVIRONMENTAL IMPACT FOR THE CITRUS BLOSSOM SUBDIVISION PROJECT (PRC 2019-020) AS REVISED
WHEREAS, at a continued public hearing at a regular meeting on October 20, 2020 the City Council of the City of Porterville approved the Citrus Blossom Subdivision Project (PRC 2019-020; “Project”) together with a, Initial Study/Mitigated Negative Declaration (“IS/MND”; State Clearinghouse #2020090149) prepared pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (Code of Regulations Title 14, Chapter 3, Section 15000, et seq.) evaluating the potential environmental impacts that could occur as a result of implementation of the Project; and WHEREAS, the Project included annexation of the parcel to be subdivided (APN 243- 130-042) and amendment of the City’s sphere of influence (“SOI”) to include that parcel and three abutting parcels (APNs 243-130-004, 006, and 007), an area totaling approximately 25.3 acres; and
WHEREAS, at a regular meeting on July 7, 2021, the Tulare County Local Agency Formation Commission (“LAFCo”) continued the City’s request to amend its sphere of influence (“SOI”) requesting that the City include additional parcels in the proposed SOI amendment and denied Annexation No. 485; and
WHEREAS, at a regular meeting on August 4, 2021, September 1, 2021, and December 1, 2021, LAFCo again continued the City’s request to amend its SOI; and WHEREAS, on October 5, 2021, the City Council directed staff to evaluate addition of eight parcels comprising 19.7 acres (APNs 243-130-026, 027, 033, 034, 038, 039, 040, and 041) to the proposed SOI amendment, which would extend the SOI north to W. Linda Vista Avenue and west to the Friant-Kern Canal; and
WHEREAS, the adopted IS/MND evaluated only the Project as originally proposed, and did not account for the addition of parcels to the proposed SOI amendment; and WHEREAS, CEQA Guidelines Section 15162 subdivision (a) describes the criteria under which, following certification of an EIR or adoption of a negative declaration for a project, a subsequent document must be prepared, to wit:

1. Substantial changes are proposed in the project which will require revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the significant of previously identified environmental effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects;

3. New information of substantial importance, which was not known and could not have been known at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:

A. The project will have one or more significant effects not discussed in the previous negative declaration;
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative;
D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

WHEREAS, CEQA Guidelines Section 15164 subdivision (b) states that an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred; and WHEREAS, consistent with CEQA Guidelines Section 15162, the City has prepared an environmental checklist to provide a comparative analysis of the potential environmental effects of the Project as revised against the Project as approved; and WHEREAS, upon completion of the environmental checklist, the City Council finds that the Project does not meet any of the criteria in Guidelines Section 15162 that would require preparation of a subsequent negative declaration, and therefore preparation of an addendum to the original IS/MND is appropriate; and
WHEREAS, the City Council finds that it cannot be fairly argued, nor is there any substantial evidence in the record, that the Project as revised could have a significant effect on the environment, either directly or indirectly; and
WHEREAS, the City of Porterville is the custodian of the documents and other materials that constitute the record of the proceedings on which these determinations are based, and Porterville City Hall, 291 N. Main Street, Porterville, CA is the location of this record.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Porterville takes the following actions:

1. Finds that the addendum to the original initial study and mitigated negative declaration prepared for the Citrus Blossom Development Project complies with provisions of the California Environmental Quality Act, and affirms that, with incorporation of mitigation, the Project as revised will not have a significant effect on the environment; and

2. Adopts the addendum to the mitigated negative declaration and mitigation monitoring and reporting program as proposed, with mitigation measures incorporated as conditions of project approval as appropriate; and

3. Directs the City Manager or designee to file a notice of determination with the Tulare County Clerk and the State Clearinghouse within five (5) business days following approval of the revised Project.

PASSED, APPROVED AND ADOPTED this 18th day of January, 2022.

By:

Adrian Monte Reyes, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
RESOLUTION NO. _____ - 2022

A RESOLUTION OF AMENDED APPLICATION BY THE CITY OF PORTERVILLE

REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION
UNDERTAKES PROCEEDINGS TO AMEND TO THE CITY’S SPHERE OF

INFLUENCE
WHEREAS, at a continued public hearing at a regular meeting on October 20, 2020 the City Council of the City of Porterville approved the Citrus Blossom Subdivision Project (PRC 2019-020; “Project”) together with a, Initial Study/Mitigated Negative Declaration (“IS/MND”; State Clearinghouse #2020090149) prepared pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (Code of Regulations Title 14, Chapter 3, Section 15000, et seq.) evaluating the potential environmental impacts that could occur as a result of implementation of the Project; and WHEREAS, the Project included annexation of the approximately 11.5-acre parcel to be subdivided (APN 243-130-042) and amendment of the City’s sphere of influence (“SOI”) to include that parcel and three abutting parcels (APNs 243-130-004, 006, and 007), an area totaling approximately 25.3 acres; and
WHEREAS, via Resolution No. 87-2020, the City of Porterville initiated proceedings for Annexation 485 pursuant to the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; and WHEREAS, at a regular meeting on July 7, 2021, the Tulare County Local Agency Formation Commission (“LAFCo”) continued the City’s request to amend its sphere of influence (“SOI”) requesting that the City include additional parcels in the proposed SOI amendment and denied Annexation No. 485; and
WHEREAS, at a regular meeting on August 4, 2021, September 1, 2021, and December 1, 2021, LAFCo again continued the City’s request to amend its SOI; and WHEREAS, on October 5, 2021, the City Council directed staff to evaluate addition of eight parcels comprising 19.7 acres (APNs 243-130-026, 027, 033, 034, 038, 039, 040, and 041) to the proposed SOI amendment, which would extend the SOI north to W. Linda Vista Avenue and west to the Friant-Kern Canal; and
WHEREAS, the City Council has adopted Resolution No. XX-2022, adopting an addendum to the IS/MND that accounted for inclusion of the additional parcels within the SOI amendment.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville requests that the Tulare County Local Agency Formation Commission undertakes proceedings for the modification of the Porterville Sphere of Influence for the territory as described herein and as illustrated in Exhibit A, according to the terms and conditions stated above, and in the manner provided for by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

PASSED, APPROVED AND ADOPTED this 18th day of January, 2022.

Adrian Monte Reyes, Mayor
ATTEST:

John D. Lollis, City Clerk
By: ________________________________
Patrice Hildreth, Chief Deputy City Clerk

BEFORE THE LOCAL AGENCY FORMATION COMMISSION
OF THE

COUNTY OF TULARE, STATE OF CALIFORNIA
In the Matter of the Proposed Annexation )
To the City of Porterville and Detachment )
from CSA #1. LAFCO Case 1560-P-323, ) RESOLUTION NO. 21-015 City of Porterville Annexation 485 (Citrus )
Blossom Subdivision) )
WHEREAS, application has been made to this Commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Sections 56000 et seq.) for approval of a proposal to annex certain territories described in attached Exhibit “A” made a part hereof; and WHEREAS, this Commission has read and considered the Resolution of Application and application materials, the report of the County Assessor and the Executive Officers report and recommendations of the Executive Officer, all of which documents and materials are incorporated by reference herein; and WHEREAS, on July 7, 2021 this Commission heard, received, and considered testimony, comments, recommendations and reports from all persons present and desiring to be heard concerning this matter.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED as follows:

1. The information, material and facts set forth in the application, the report of the County Assessor, and the report and recommendations of the Executive Officer 52 Figure - 6
LAFCO RESOLUTION NO. 21-015

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(including any corrections), have been received and considered in accordance with Government Code Section 56668. All of said information, materials, facts, reports and other evidence are incorporated by reference herein.

2. The City of Porterville, as Lead Agency, filed a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in compliance with the California Environmental Quality Act (CEQA). And finds that the Commission has reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared by the City of Porterville for this project and find although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.

3. The Commission has reviewed and considered, in accordance with Government Code Section 56668, the information, material and facts presented by the following persons who appeared at the meeting and commented on the proposal:

Kelley Ivancovich, Jenny Cox, David Cox, Cresencio Mena, Juan Martinez, Camila Garcia, Michelle Pacheco, Bill Landis, Joyce Brown, all local residents that spoke against the proposed project.

John Lollis, City Manager for the City of Porterville; and Jason Ridenour, City of Porterville spoke in support of the proposed annexation.

4. All notices required by law have been given and all proceedings heretofore and now taken in this matter have been and now are in all respects as required by law.

5. Based upon the evidence and information on the record before it, the Commission makes the following findings of fact:
53 LAFCO RESOLUTION NO. 21-015

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a. Fewer than 12 registered voters reside in the affected territory, which is considered uninhabited.
b. The proposed reorganization does not contain any Williamson Act contract land.

6. Based upon the evidence and information on the record before it and the findings of fact made above, the Commission did not make the following determinations:
a. The boundaries of the proposed reorganization are definite and certain and conform to lines of assessment.

b. The proposed annexation is compatible with the city’s General Plan.

c. There is a demonstrated need for municipal services and controls and that the city has the capability of meeting this need.

d. There is a mutual social and economic interest between the residents of the city and the proposed annexation territory. e. The proposed annexation represents a logical and reasonable expansion of the annexing municipality.
f. All urban services and infrastructure can be provided for by the city.

8. The Commission hereby disapproves the proposed reorganization of the territory described in Exhibit "A," attached hereto.

9. The following short form designation shall be used throughout these proceedings:

LAFCO Case No. 1560-P-323, City of Porterville Annexation 485 (Citrus Blossom Subdivision)
54 LAFCO RESOLUTION NO. 21-015

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The foregoing resolution was adopted upon motion of Commissioner Townsend, seconded by Commissioner Harrell, at a regular meeting held on this 7th day of July, 2021, by the following vote:

AYES: Allen, Valero (A), Harrell (A), Townsend
NOES:

ABSTAIN:

PRESENT:

ABSENT: Mendoza, Vander Poel, Sheriff (A)

Ben Giuliani, Executive Officer
si
55 Item No. 17.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Status and Review of Proclamation of Local Emergency: COVID-19 SOURCE: City Manager's Office
COMMENT:

At its meeting of March 17, 2020, the City Council took action to approve a Resolution of Proclamation of Existence of a Local Emergency for the novel coronavirus (COVID-19), which staff also initiated a soft-opening of its Emergency Operations Center (EOC) on Friday, March 20, 2020. At its meeting on December 21, 2021, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of Proclamation.

On March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency, President Trump issued a Proclamation on Declaring a National Emergency on March 13, 2020, and the Tulare County Board of Supervisors adopted a Resolution of Proclamations of Local Emergencies on March 17, 2020. The Tule River Tribal Council also adopted a Resolution of Declaration of State of Emergency on March 13, 2020. Subsequent to his Proclamation at the time of this report, Governor Newsom has issued seventy (70) Executive Orders in support of the State addressing and mitigating COVID-19 impacts, several of which are pertinent to the City. On June 11, 2021, Governor Newsom issued two Executive Orders to terminate the Stay-at-Home Order (Executive Order N-07-21), as well as to begin the wind down of other previous Executive Orders related to the pandemic (Executive Order N-08-21).

During the past eighteen (18) months, the Council and its legislative bodies have conducted teleconferencing meetings as allowed pursuant to a series of Executive Orders, the most recent which expired on September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Recently adopted State law, Assembly Bill 361 (AB 361), extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, which the status of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place. Consistent with AB 361, the Council must adopt a Resolution consistent with its proclamation of local emergency, and must review and renew such Resolution every thirty (30) days thereafter. AB 361 will sunset on January 1, 2024.

Governor Newsom's Executive Order N-25-20, issued on March 12, 2020, provided restrictions on mass gatherings of no more than 250, as well as Item No. 17.
provided accommodations to the Brown Act to encourage remote participation and social distancing. At its meeting of March 17, 2020, the Council gave direction of local gatherings not to exceed twenty-five (25), which staff responded to complaints and incidents accordingly. Both President Trump and the Centers for Disease Control (CDC) had recommended mass gatherings not exceed ten (10), which with Easter approaching on Sunday, April 12, 2020, the Council acted at its meeting on April 7, 2020, to limit local gatherings to no more than ten (10) individuals, allowing also for 6' social distancing. On October 9, 2020, apparently in consideration of the approaching holidays (e.g.

Halloween, Thanksgiving, Christmas, etc.), the State issued guidance to allow up to three households to gather outdoors, including in a public park or outdoor space, allowing for social distancing, hand hygiene and wearing of face coverings unless eating or drinking, and not to exceed two hours in duration.

On December 3, 2020, in response to rapidly increasing positive cases and hospitalizations (especially requiring ICU care), the State issued new stay home Orders that prohibited all gatherings with members of other households. On January 25, 2021, the State ended its stay home Orders, removing the prohibited gathering restriction. On April 12, 2021, the State issued new guidance for activities and business tiers consistent with the Blueprint for a Safer Economy, which continued to strongly discourage indoor gatherings, but did allow for outdoor social gatherings not to exceed fifty (50) individuals in the Orange (Moderate) Tier - Tulare County's tier status at that time. On May 21, 2021, the State issued new guidance for activities and business referred to as "Beyond the Blueprint" that became effective June 15, 2021, eliminating limitations on capacity and allowing large gatherings both outdoors (recommended vaccine verification or negative testing) and indoors (required vaccine verification or negative testing). The "Beyond the Blueprint" requirements and regulations were effective through October 1, 2021, which the State assessed conditions by September 1, 2021 and determined an update was necessary. On August 18, 2021, the State issued updated guidance to the "Beyond the Blueprint" in regard to indoor "Mega Events," requiring vaccine verification or negative testing requirements for events involving 1,000 or more participants, removing selfattestation as a mode of verification after September 20, 2021, and extending requirements and regulations until November 1, 2021. On October 27, 2021, the State issued updated guidance to the "Beyond the Blueprint" in regard to Indoor "Mega Events," requiring all indoor events to confirm identification of all attendees age 18 and older to confirm the individual presenting proof of vaccination or negative test is the attendee entering the facility or venue beginning December 1, 2021. On December 31, 2021, the State issued updated guidance to the "Beyond the Blueprint" in regard to indoor "Mega Events," lowering the threshold for Indoor Mega Events to 500 attendees and Outdoor Mega Events to 5,000 attendees.

The County and most cities across the county initially either closed or instituted soft-closings of its parks, including the closing of arbors, playgrounds and restrooms. At its meeting of April 7, 2020, the Council acted to soft-close City parks, including arbors, playgrounds, skatepark and sports courts (keeping restrooms open for hygiene purposes) and that gatherings of any size not occur.

Consistent with the State and County's modified Orders regarding outdoor Item No. 17.
recreation and operating restrictions, at its meeting of May 5, 2020, the Council acted to reopen the City's golf course (including requiring participants to wear face coverings), OHV Park and tennis courts. On June 5, 2020, the State announced guidelines for the opening of outdoor recreation, including public swimming pools and aquatic venues, beginning June 12, 2020. At its meeting on June 16, 2020, the Council provided approval for the opening of the Murry Park swimming pool and Fallen Heroes Park splash pad consistent with the State's guidelines and necessary precautions and preparations. With continued limitations on team-oriented recreation activities, staff prepared new individual outdoor recreation opportunities for the community, such as cross-country running. On June 5, 2020, the State also provided guidance on the opening of day camps beginning June 12, 2020, which staff also prepared for opening consistent with the State's guidelines and necessary precautions and preparations, and subsequently was completed on July 31, 2020. On September 28, 2020, the State allowed public playgrounds to reopen with guidance and restrictions, which at its meeting on October 6, 2020, the Council acted to keep playgrounds closed until further action. In its regional stay at home order issued on December 3, 2020, the State ordered the closing of all indoor and outdoor playgrounds, but did encourage residents to experience outdoor recreation without gathering with anyone outside their immediate household.

On December 9, 2020, the State changed its guidance on outdoor playgrounds, allowing to remain open to facilitate physically distanced personal health and wellness through outdoor exercise. At its meeting on February 2, 2021, the Council acted to reopen the City's public playgrounds and skatepark in accordance with State guidance and restrictions. On February 19, 2021, the State released new guidance for both indoor and outdoor youth and recreational adult sports, effective February 26, 2021. Adhering and consistent with State guidance, the City began offering the reservation of park arbors and pavilions on March 27, 2021, and reopened the Zalud House Museum on March 25, 2021.

Due to the pandemic and to avoid mass gatherings, the community has suffered from the cancellation in the 2020 calendar year of the Iris Festival, Cinco de Mayo Parade, Porterville Fair, Military Banner Ceremony, KJUG Summer Concert Series, Freedom Fest, Pioneer Days, Veterans Day Parade, Christmas Tree-Lighting Ceremony and the Children's Christmas Parade (December), which further cancellations in the current calendar year potentially to occur. At its meeting on October 5, 2021, the Council approved the Veterans Day Parade to occur on November 11, 2021, with health and safety precautions required including: 1) longer parade route, multiple announcing areas and signage to avoid gathering and encourage social distancing; 2) livestreaming the event for individuals who elect not to attend in-person; and 3) sponsoring a vaccine event in collaboration with Sierra View Medical Center. At its meeting on November 16, 2021, the Council approved the Children's Christmas Parade to occur on December 4, 2021, with the same health and safety precautions as the Veterans Day Parade.

Governor Newsom's Executive Order N-28-20, issued on March 16, 2020, strongly advised that both private and public utilities not shutoff utilities or Item No. 17.
charge late fees for lack of payment until May 31, 2020, and directed the California Public Utilities Commission to review both private and public utilities for conformance. At its meeting on March 17, 2020, the Council acted to suspend the shutoff of utilities and the charging of late fees for lack of payment until at least its meeting of April 21, 2020 for review. Governor Newsom issued Executive Order N-42-20 on April 2, 2020, which mandated that private and public water utilities not shutoff service due to non-payment, retroactive to March 4, 2020 - the Order did not reference the charging of late fees. Given the suspension of shutoff and charging of late fees, the City initially experienced a dramatic increase in accounts not making payment since the Council's action, which staff reinforced the message to customers that regular payments must still be made and has led to now generally usual payment, although has begun to accumulate. Since the Council's action on March 17, 2020 and as of November 30, 2021, there was $1,248,603 in unpaid City utility accounts (water: $618,746; sewer: $334,051; and refuse: $295,806), with the corresponding total loss in late fees of $331,304 - more than double the City's experience prior to the Governor's Executive Order. At its meeting on April 21, 2020, the Council acted to continue the moratorium of utility turnoff for non-payment consistent with the Executive Order, and to continue not to charge late fees until further action by the Council. State Senate Bill 155 was chaptered on September 24, 2021, which extended the prohibition of shutoff of utilities until December 31, 2021. At its meeting on December 21, 2021, the Council acted to extend the moratorium for utility turnoff for non-payment and not charging of late fees until April 5, 2022. Under the State's Water and Wastewater Arrearage Payment Program, the City submitted a claim for $1,047,940.47 to recover unpaid water accounts from residential and commercial customers accrued between March 4, 2020 and June 15, 2021.

Governor Newsom's Executive Order N-32-20, issued on March 18, 2020, appropriated $150 million in emergency homeless funding, of which $284,403 was allocated to Tulare County between $147,734 to the Continuum of Care (CoC) and $136,669 to the County. The CoC initially indicated its appropriation to the City of approximately $40,000 based upon recent homeless population counts, which City staff recommended be the funding source for the daily homeless lunch program the City initiated on March 27, 2020, with the closure of the local non-profit (Helping Hands of Porterville Inc.) due to pandemic concerns earlier that same week. Staff estimated that the $40,000 would allow the daily lunch program to continue through the month of April 2020. Subquently, the CoC indicated it was attempting to match its funding allocation with the County's as the required 25% match to larger federal FEMA funding of approximately $1.2 million. The County has indicated its allocation will be utilized in assisting with providing shelter for homeless individuals that are identified high-risk or in need of quarantine due to COVID-19 (Project Roomkey), which the County was working with two local hotels in the leasing of approximately thirty (30) rooms. At the time of this report, the County is no longer reporting the number of hotel rooms available to homeless individuals participating in the Project Roomkey program across the county, nor the number of rooms occupied. The County also reports that a Street Medicine event occurred in Porterville on June 29, 2020, during which twelve (12) Item No. 17.
individuals were tested for COVID-19 and all were negative, as well as another Street Medicine event that occurred in the Porterville area on May 7, 2021. On July 1, 2020, Helping Hands of Porterville resumed its daily homeless lunch program, thus relieving the City and its staff of the deliver of this program.

However, Helping Hands decided to close its program in October 2020 due to limited donations and participation.

The City's contract operator of the planned navigation center, Turning Point of Central California, had been issued building permits and was making necessary improvements for anticipated opening in the month of July, with the installation of the fire monitoring and suppression system the final improvement needed to be completed. Turning Point had previously indicated that due to the current pandemic, occupancy of the navigation center when opened would be at halfcapacity to allow adequate physical distancing given group housing, but now believes the center can open with two-thirds capacity and meet State guidelines for healthy and safe operations. Given the delay in the installation of the fire monitoring and suppression system, at its meeting on August 4, 2020, the Council gave staff direction to consider opening the navigation center restricted to providing services without housing, which Turning Point opened and began offering daily services only on August 18, 2020. With the final completion of the requisite fire suppression and monitoring system, Turning Point began offering emergency shelter and transitional housing on November 15, 2020.

For those served by the navigation center, a vaccine event occurred on May 7, 2021.

Governor Newsom's Executive Order N-33-20, issued on March 19, 2020, ordered that state residents shelter-at-home, and that only identified essential businesses remain open and associated workforce. Much confusion reverberated throughout the state in clarifying essential businesses, which staff both responded to complaints and acted proactively in following the State's guidelines of essential businesses (attached). To assist in this ever-changing subject, at its meeting on April 21, 2020, the Council acted to appoint Vice Mayor Reyes and Council Member Gurrola to form an Ad Hoc Committee to coordinate with the City Attorney and City Manager in the application of the State and County guidelines in regard to essential and non-essential businesses.

The Committee has met intermittently in review of local complaints and compliance with modified State and County Orders. At its meeting on December 15, 2020, the Council acted to appoint Council Member Carrillo to replace former Council Member Gurrola on the Committee.

On Tuesday, April 28, 2020, Governor Newsom announced his 4 Stage plan for reopening the California economy and gradual modification of his stay-at-home Order, which his presentation is enclosed. The Governor indicated that moving from current Stage 1 to State 2 would likely occur in several weeks and allow non-essential "low-risk" retail to reopen with requisite 6' social distancing. The Governor indicated "high-risk" personal services would likely be allowed later during the Summer. On May 4, 2020, Governor Newsom issued Executive Order N-60-20, allowing the reopening of lower-risk businesses and spaces in Item No. 17.

Stage 2 beginning May 8, 2020, including manufacturing, retailers (pick-up and delivery) and warehouses. The Order also allowed Counties to proceed more quickly through Stage 2 (Variation Attestation) given certain State-determined public health metrics were met, including: 1) sustained reduction or stability in new cases for fourteen (14) days; 2) adequate diagnostic testing capacity and test results, including the ability to test all individuals with COVID-19 symptoms, same-day testing widely available for hospitalized patients, healthcare workers and workers in essential roles, close contacts for confirmed cases, and outpatients with symptoms; 3) public health department's capacity to rapidly interview new cases, identify close contacts, and ensure isolation and quarantine are effective; and 4) health care system capacity to respond to potential surges.

At its meeting on May 12, 2020, the Tulare County Board of Supervisors considered its draft plan for compliance with the Executive Order (attached).

Of note, the Tulare County Public Health Officer issued a health advisory on May 7, 2020, that county residents should wear face coverings when in public (attached). At its meeting on May 19, 2020, the Board of Supervisors acted to modify its draft plan for reopening, including advancing immediately through the State's Stage 3, rescinding the County's Public Health Officer's Order, halting all local civil enforcement of stay-at-home Orders, directing County guidance for Stage 3 businesses, and direct County efforts from meeting State metrics to supporting problem areas and populations including the elderly and health compromised individuals, skilled nursing facilities, hospitals, and businesses or agencies with reported outbreaks. On May 26, 2020, the County submitted its Variance Attestation to the State, which was approved and posted by the State on May 27, 2020, allowing the county to proceed through the State's Stage 2.

On May 25, 2020, the State announced that places of worship (25% capacity) and in-store retail were allowed to proceed immediately statewide, and on May 26, 2020, the Governor announced that barber and hair salons could reopen immediately in counties with approved Variance Attestations, which as previously stated Tulare County's was approved by the State on May 27th. On June 5, 2020, the State announced that additional previous Stage 3 activities would be allowed to reopen with provided guidance effective June 12, 2020, including bars and wineries, campgrounds and RV parks, family entertainment centers (i.e. bowling alleys and movie theaters), fitness facilities, and museums/galleries/zoos/aquariums.

Due to increasing positive cases across the state, on June 18, 2020, the State issued guidance that all individuals wear face coverings when in public. At its meeting on July 7, 2020, the Council acted to approve and Order under its Proclamation of Local Emergency authorizing the City to enforce the State's mandatory face covering requirements through the City's administrative citation regulations and aggressive education efforts, and directed City staff to prepare an emergency Ordinance requiring face coverings consistent with the State requirements, which was scheduled for Public Hearing and was approved by the Council at its meeting of July 21, 2020. In enforcement of the emergency Item No. 17.

Ordinance since adoption by Council, the Fire Department's Code Enforcement Division has eleven (11) documented business-oriented incidents, and the Police Department has 132 documented individual or group incidents. On June 9, 2021, the State released new face coverings guidance to take effect June 15, 2021, providing that face coverings are not required for fully vaccinated individuals except for: 1) on public transit; 2) indoors in K-12 education, childcare and youth settings; 3) healthcare settings; 4) state and local correctional and detention facilities; and 5) homeless, emergency and cooling centers. Unvaccinated individuals continue to be required to wear face coverings when indoors in public settings and businesses. On July 27, 2021, the CDC issued guidance that recommended vaccinated individuals wear face coverings while indoors in areas considered to be experiencing increased spread ("substantial" or "high" risk) of the delta variant coronavirus, which Tulare County at the time of this report is considered "high" risk for spread. On December 13, 2021, the State issued guidance to require all individuals regardless of vaccination status to wear face coverings when in indoor public places effective December 15, 2021, to be reevaluated by January 15, 2022. On January 5, 2022, the State issued updated guidance extending the requirement for universal masking indoors statewide through February 15, 2022.

Due to increasing positive cases, testing positivity and COVID-19 hospitalizations, the State placed Tulare County on its monitoring list program for targeted engagement and potentially reinstituting community measures, which on June 28, 2020, the State directed all bars in Tulare County be closed again immediately by local health officer order. On July 1, 2020, the State further directed the closing of indoor activities for at least the succeeding three weeks, including restaurants, bowling alleys, movie theaters, card rooms, museums, wineries and zoos. On Monday, July 14, 2020, the State directed the immediate closure of all bars in California and cease in-restaurant dining, as well as the immediate closure of indoor activities or industries including barbershops, fitness centers, hair salons, malls, offices for non-essential sectors, personal care services (e.g. esthetic salons, nails salons, tattoo parlors), protests and places of worship for counties on the State's monitoring list (including Tulare County), unless the activity or industry can be modified to operate indoors or by pick-up. The State Board of Barbering and Cosmetology initially declared that barbershops and esthetic, hair and nails salons are required to operate indoors and may not operate outdoors and therefore must be closed, however, the State Board subsequently determined to allow these businesses to be open with modifications to operate outdoors.

On August 28, 2020, Governor Newsom announced that the State was implementing a new County Monitoring List system known as the Blueprint for a Safer Economy, incorporating standardized four tiers dependent upon a county's daily new cases per 100,000 population and testing positivity rates and the corresponding effect on economic sectors guidelines for operation. When the Blueprint for a Safer Economy was retired on June 15, 2021, Tulare County was in the Orange (Moderate) tier given its daily positive case rate per 100,000 population exceeded two (1.5 at the time of the report), however, the positivity rate met the Yellow (Minimal) tier requirement of less than two percent (1.5% Item No. 17.
at the time of the report). As of June 15, 2021, there were three counties in the Red (Substantial) tier, thirty-one (31) counties in the Orange (Moderate) tier and twenty-four (24) counties in the Yellow (Minimal) tier. Under the new system, the State allowed barber and hair salons to reopen indoor operations on August 31, 2020, and allowed nail salons to reopen indoor operations on September 22, 2020, if permitted by local county public health officials. The State further allowed expanded personal care services to reopen indoor operations on October 20, 2020, including esthetic, skin care, electrology, body art professionals, tattoo parlors, piercing shops and massage therapy (in nonhealthcare settings).

On September 30, 2020, the State announced a new health equity metric to be included in the Blueprint for a Safer Economy, requiring that test positivity rates in disadvantaged communities that comprise the lowest quartile of a county's Healthy Places Index census tracts do not significantly lag behind overall county test positivity rates. In order to advance to the next less restrictive tier (e.g. Purple-widespread to Red-substantial), a county will need to meet an equity metric and/or demonstrate targeted investments to eliminate disparities in levels of transmission. According to Tulare County's report as of October 13, 2020, the lowest quartile does not include Porterville areas exceeding 8% positivity, with the census tracts of Cutler/Yettum (24.4%), Pixley/Teviston (18.9%), Earlimart (15.6%), Alpaugh/Allensworth/Richgrove (15.4%), South-Central Tulare (13.3%), Tipton/Woodville (12.5%), WestCentral Tulare (11.8%) and Orosi (8.9%) being of greatest concern. As referenced by a Member of Council, at its meeting on October 6, 2020, the Tulare County Board of Supervisors adopted a Resolution, demanding clarity, consistency, and continuity from Governor Newsom regarding COVID-19 directives to counties.

On November 19, 2020, due to the observed significant rise in positive cases, the State announced a "Limited Stay At Home Order" that in all counties in the Purple (Widespread) tier under the State's Blueprint for a Safer Economy, requiring that all non-essential business and public activities cease to occur between 10:00 PM and 5:00 AM, effective November 21, 2020 through December 21, 2020 or as may be extended. On January 25, 2021, the State removed this Order effective immediately.

On December 3, 2020, due to the continued significant rise in positive cases and hospitalizations (especially ICU care), the State issued a "Regional Stay At Home Order" with the state separated into five regions by county and centered around maintaining a minimum of fifteen percent (15%) regional hospital ICU capacity, with Tulare County joining eleven (11) other counties in the "San Joaquin Valley" region. The San Joaquin Valley region experienced 14.1% ICU capacity on December 5th and 6.6% capacity on December 6th, causing the new regional order to go into effect in the San Joaquin Valley region at 11:59 P.M. on December 6th. As of June 15, 2021, the San Joaquin Valley region had 27.4% ICU capacity. The regional order modified business operations, including: 1) limit indoor retail to no more than twenty percent (20%) capacity; 2) limit restaurants to delivery/pick-up/take-out only; 3) limit Item No. 17.
worship and political expression to outdoor only; 4) limit outdoor recreation to no drink or food sales; 5) limit essential office work only when remote work is not possible; and 6) limit hotels and lodging to only supporting critical infrastructure. The regional order closes business operations, including: 1) barber and hair salons; 2) personal care services (esthetician, massage, nail and tattoo); and 3) museums. On January 25, 2021, the State removed this Order, returning to the State's Blueprint for a Safer Economy and the county tiers system.

The new State Blueprint also provided a waiver process to allow TK-6th Grade students to receive in-person instruction with prior County and State approval, which locally St. Anne's School received such approval and began instruction on September 14, 2020. Also locally, Hope Elementary School received waiver approval and began in-person instruction on September 28, 2020, and Porterville Unified School District received waiver approval and began inperson instruction on December 1, 2020. Burton, Pleasant View Elementary and Rockford Elementary have each also received both County and State waiver approval and have begun in-person instruction. The State issued guidance on August 2, 2021, that all adults and students must wear face coverings when indoors, and on August 11, 2021, announced guidance that all education employees be vaccinated or be tested at least once weekly. On October 1, 2021, Governor Newsom announced that the COVID-19 vaccine would be added to the list of vaccines required for school attendance for middle and high school grades, once the vaccine receives full approval from the federal Food and Drug Administration (FDA).

At its meeting on August 4, 2020, the Council considered and gave direction to staff evaluate opportunities for local restaurants to operate outdoors in the City's public right-of-way. At its meeting on August 18, 2020, given City liability considerations, the Council gave direction to work with local restaurants individually through an application and guidelines developed in coordination with the Council's Ad Hoc Committee. On August 24, 2020, the Council Ad Hoc Committee met with staff to review draft guidelines for the opening of outdoor dining by restaurants in public right-of-way, which the final guidelines are provided as an attachment. Consistent with the guidelines and the proposed City's support for protecting restaurant patrons dining in the public right-ofway, at its meeting on September 1, 2020, the Council authorized an appropriation of $100,000 from the City's Emergency/Catastrophic Reserve Fund for the purchase of necessary traffic and sidewalk barriers and other complimentary amenities, with any expenditure of funds to be documented for potential reimbursement should future federal and/or state funding be made available to mitigate COVID-19 activities. Nine entities had been approved to provide outdoor dining, including the Elks Lodge #1342, New China Restaurant, El Jacalito Taqueria, Pho Sho Fusion House, Pizza Factory, El Maguey Mexican Restaurant, Mariscos El-30, RJ's Cafe & Bakery, El Nuevo Mexicali II, Habi Sushi, Black Bear Diner and Birria Y Pollos El Guero, and several more were in the application process prior to outdoor dining being prohibited by the State's regional stay at home orders on December 3, 2020. On January 25, 2021, the State removed the regional stay at home Order, again Item No. 17.
allowing outdoor dining and the consideration of the outdoor dining permits that were in process. The Council's initial approval of the outdoor dining permit process was effective through January 31, 2021, which at its meeting on February 2, 2021, the Council acted to extend its outdoor dining permit process until June 30, 2021. Subsequently, an additional seven entities have been approved to provide outdoor dining, including Birria y Pupusas Las Favoritas, Denny's, El Nuevo Mexicali, El Tapatio, Landing 13, Taco Truck Cantina and The Mud House.

On June 3, 2021, Governor Newsom released a letter announcing the Eighth Notice of Regulatory Relief that allows restaurants and bars to maintain their expanded outdoor operations by providing regulatory relief through the end of 2021. The regulatory relief includes; on-sale retailers exercising off-sale privileges, sales of alcoholic beverages to-go, deliveries to consumers, free delivery, expansion of licensed footprint, on-sale licenses without kitchen facilities, virtual meet the winemaker or brewer dinners, renewal of relief for charitable promotions and sales, and relief from type-75 requirement to produce 100 barrels of beer annually. The letter also encourages local jurisdictions to continue to allow expanded outdoor dining opportunities. At the time of this report nineteen (19) entities have been approved to provide outdoor dining. One restaurant requested that their permit closed and several other restaurants are no longer utilizing the temporary outdoor dining areas approved under the program. The Council's initial approval of the outdoor dining permit process through January 31, 2021, was extended by the Council at its meeting on February 2, 2021 to June 30, 2021. At its meeting on June 15, 2021, the Council extended the outdoor dining permit through January 2, 2022, and at its meeting on December 21, 2021, the Council again extended the outdoor dining permit through April 5, 2022.

Due to increasing virus spread in the Central Valley resulting in increased cases and hospitalizations, on July 27, 2020, the Governor announced the appropriation of $52 million in support of the counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare in the implementation of three Unified Support Teams to provide hands-on technical assistance in support of testing, contact tracing, isolation and quarantine efforts. On August 12 and 13, 2020, the State's Unified Support Team met with local representatives in developing strategies reducing community spread in Tulare County.

Most of the City's workforce has been deemed essential under the State's guidelines, which the City has directed its limited non-essential workers to remain at home and available for assignment if necessary, and has implemented a rotation of its essential workforce as much as possible to reduce employees public exposure. Employees required to be at work during the shelter-at-home Order are accrued special leave for later utilization and/or payment, as well as employees that are working from home. Given the State's reopening guidelines, all City employees returned to work effective June 1, 2020, and the special leave program was discontinued effective May 31, 2020. Compounding the Item No. 17.
challenge for the City's workforce was the temporary closure of local non-profit contractor Promoting Self Worth (PSW) due to its workforce being considered highly vulnerable to COVID-19, thus necessitating City staff to address the contracted essential services of graffiti removal and the care for a significant number of Landscape and Lighting Maintenance Districts (LMD). PSW returned to performing its contracted services with the City beginning the week of May 11, 2020.

Governor Newsom's Executive Order N-37-20, issued on March 27, 2020, established a moratorium on eviction of tenants in good standing as of the date of the Order through May 31, 2020, which had been an issue of discussion by the Council at its meeting on March 17, 2020. On May 29, 2020, Governor Newsom issued Executive Order N-66-20, extending the eviction moratorium through July 28, 2020. On June 30, 2020, the Governor issued Executive Order N-71-20, extending the eviction moratorium through September 30, 2020. On August 31, 2020, Governor Newsom signed legislation to extend protections for tenants from eviction from COVID-19-related back rent through February 1, 2021, as well as extended anti-foreclosure protections in the Homeowner Bill of Rights to small landlords, and on January 20, 2021, Governor Newsom signed legislation to extend the protections through June 30, 2021. On June 28, 2021, Governor Newsom signed legislation to extend the protections through September 30, 2021. With the conclusion of the eviction moratorium, $850 million in State emergency rental assistance continues to be available to eligible low income tenants through the California COVID-19 Rent Relief Program.

Governor Newsom's Executive Order N-39-20, issued on March 30, 2020, provided broad waivers of certifications and licensing for healthcare providers and locations to expand the provision of medical care in meeting an expected patient surge. During his press conference announcing the Order, Governor Newsom mentioned that Porterville would play a role in meeting the expected patient surge, which staff has learned will involve the reactivation of a portion of the General Treatment Area of the Porterville Developmental Center (PDC), including caring for up to potentially 350 COVID-19 patients in four (4) categories: 1) patients too sick to recover at home, but do not need hospitalization; 2) patients who have been hospitalized and who are recovering and require less care; 3) skilled nursing facility patients who don't require acute care; and 4) developmentally-disabled group home patients. Preliminary construction improvements have been completed to prepare the facility's infrastructure, with no timeline yet provided for necessary medical improvements expected to begin. The City has repeatedly asked the State to keep it involved in its planning efforts, including any actions by Council that would be supportive of its operation. On May 8, 2020, the City received notice from the County that the State intended to immediately relocate approximately forty (40) foster youth from across the state with COVID-19 to PDC, however, on May 9, 2020, the County notified the City that the State had changed its plans and would not be relocating the youth to PDC, likely to ensure regional patient surge capacity. On July 2, 2020, the City received notification from the County that the State would activate PDC as a regional alternate site on Friday, July 3, 2020, treating low-acute COVID-19 patients transferred from impacted Item No. 17.
hospitals from across the Central Valley. On August 19, 2020, the State notified the County that State personnel were being assigned to support the large fires in northern California and now across the state, and that PDC would not be accepting any new patients until further notice. As of September 12, 2020, there were no patients being treated at PDC, with the State designating the "warm closure" of the facility that can be reactivated within seventy-two (72) hours if necessary. The State has indicated that due to rising hospitalizations, it anticipated that PDC would be reopened as a regional alternate site, which was activated on December 15, 2020, and at the time of this report is currently not treating any patients and has been returned to "warm closure" status.

As part of the Governor's commitment to broader testing in rural and underserved areas of the state, the State established a contracted large-scale testing facility at the Veterans Memorial Building, beginning operations on Tuesday, May 5, 2020. Up to 130 tests are expected to be performed each day (Monday - Friday) for the next several months, which testing will be available to everyone by appointment. Given initial low utilization, City staff initiated a local messaging campaign for local residents to be tested, which precipitated improved community response beyond minimum State testing thresholds. City staff had been notified by County staff that the Veterans Memorial administration has given notice to the State to terminate the testing at its facility effective July 31, 2020, so that it may again use the facility for other purposes, however, the State and the Veterans Memorial administration have agreed to continue testing, with the testing site being terminated effective July 31, 2021.

In addition, the City has partnered with the County in providing free community walkup testing, occurring weekly on Tuesdays in the public parking lot south of the Centennial Plaza building, which the County made the determination to discontinue the testing site effective May 18, 2021.

The United States Food and Drug Administration (FDA) provided emergency use authorization for the Pfizer-BioNTech COVID-19 vaccine on December 11, 2020, the Moderna vaccine on December 18, 2020 and the Johnson & Johnson vaccine on February 27, 2021, which the State provided guidelines for the distribution of vaccines in three phases. Consistent with the State's identified Phase 1A/Tier 1 priority, Tulare County began vaccinations the week of December 14, 2020, with approximately 3,000 vaccines administered. At the time of this report, the County has received 331,725 vaccines and administered 242,035 vaccines to residents, and is available to all individuals age 12 or older.

The County had identified large-scale community vaccination sites, with locations in Porterville (Porterville College), Tulare (Ag Center) and Visalia (College of the Sequoias), though the County transitioned the Porterville vaccination site to the Porterville Fairgrounds in May 2021 due to a parking lot project at Porterville College. At its Special Meeting on April 13, 2021, the City Council approved a mass vaccination and resource fair event sponsored by the County at the Porterville Fairgrounds on Sunday, April 18th through Tuesday, April 20th, 2021, which a successor vaccination event at the Fairgrounds for Sunday, May 10th through Tuesday, May 12th, 2021. Effective July 31, 2021, the local community vaccine clinic operated by Sierra View Item No. 17.

Medical Center and Imperial Ambulance at the Veterans Memorial Building transitioned to Sierra View's facility on the southwest corner of Morton Avenue/Pearson Drive.

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2 trillion economic recovery stimulus package. The financial recovery package includes: 1) $604 billion for individuals/families, including $300 billion in cash payments, $260 billion in unemployment payments and $44 billion in student loan assistance; 2) $500 billion for large corporations; 3) $377 billion for small business; 4) $340 billion for state and local governments; 5) and $180 billion for public services, including $100 billion for hospitals. Within the state and local government provisions, a local government's (county or city) population must exceed 500,000 to receive direct federal recovery, which local governments with population less than 500,000 would only receive federal recovery through a state if the state was agreeable to local government distributions. On April 24, 2020, President Trump signed the Paycheck Protection Program and Healthcare Enhancement Act (H.R. 266), which provided approximately $400 billion in additional business assistance ($321 billion) and medical support and testing ($75 billion). Staff is focusing its efforts now in engaging with local businesses and financial institutions to ensure the emergency resources are made available to promote local economic stability upon the completion of the current state of emergency.

On December 27, 2020, President Trump signed a $900 billion COVID-19 relief bill into law, which included enhanced unemployment benefits, direct cash payments, small business assistance, childcare and education funding, rental assistance, vaccine and hospital funding, and payroll tax repayment, but did not include local government funding. Tulare County has reported that it would be receiving $13 million in direct funding for rental and utility assistance, which it opted to dedicate to the State under SB 91 legislation for matching funds of $14 million, with the total estimated $27 million to be administered by the Local Initiatives Support Corporation (LISC) through local non-profit organizations beginning by March 15, 2021.

On July 14, 2021, Governor Newsom announced the State's new $100 billion California Comeback Plan, which includes $5.2 billion allocated for both backrent and prospective rent for eligible low income residents(California COVID19 Rent Relief Program), as well as $2 billion to pay back unpaid water and utility bills.

On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act (ARPA), which includes $65 billion in local government funding assistance, with recent estimates by adopted population formulas would provide $19,984,717 in direct federal financial assistance to the City. Guidelines for the eligible use of funds are currently being drafted by the U.S. Department of the Treasury, which will administer the funds, who released the Interim Final Rule on May 10, 2021. The City's first allocation of $9,992,358 was received on May 20, 2021, which the second allocation would be received twelve (12) Item No. 17.
months later in May 2022, with all funds required to be obligated by December 31, 2024, and expended by December 31, 2026. Pursuant to the Interim Final Rule, the funds could be used for: 1) support public health expenditures in response and mitigation of COVID-19, including public safety personnel; 2) address negative economic impacts caused by the public health emergency, including assistance to individuals, households, businesses and impacted industries (tourism, travel and hospitality); 3) replace lost public sector revenue; 4) provide premium pay for essential workers in critical infrastructure sectors; and 5) invest in water, sewer and broadband infrastructure. At its meeting on May 18, 2021, the Council provided direction that the priorities for funding be water infrastructure, homeless services, broadband and technology infrastructure, business assistance (restaurants in particular) and vaccine support. On January 6, 2022, the Treasury issued its Final Rule for the administration of ARPA funds for state and local governments, which provided increased flexibility to jurisdictions in the use of funds, including: 1) the option to select a standard $10 million lost revenue amount in support of general governmental services compared to completing a full revenue loss calculation; 2) clarifies that funds may be used for capital expenditures that support COVID-19 public health or economic responses; 3) expands the number of eligible workers who can receive premium pay without written justification, with a focus on low-income and frontline workers performing essential work; and 4) broadens the definition of eligible infrastructure projects under broadband, sewer, stormdrain, and water categories.

Consistent with federal guidelines in the use of ARPA funds and the Council's priorities for the use of funds, at its meeting on August 17, 2021, the Council acted to support a vaccine incentive program in collaboration with Sierra View Medical Center, offering $100 gift cards/certificates from local businesses (with particular focus on restaurants and personal services) to individuals being vaccinated in special publicized events. The City and Sierra View partnered in a vaccine event at the KJUG Free Summer Concert at Centennial Park on August 19, 2021, which seventy-four (74) individuals were vaccinated, and a Community Roundup Event on August 27, 2021 at Sierra View's vaccine clinic, which had 366 individuals vaccinated. A second Community Roundup Event was held on September 16-18, 2021, with 795 individuals vaccinated. A third Community Roundup Event was held on October 7-9, 2021, with 1,249 individuals vaccinated. A fourth Community Roundup Event was held on October 29-30, 2021, with 2,046 individuals vaccinated. A vaccine event was conducted in conjunction with the Veterans Day Parade, which 126 individuals were vaccinated. A fifth Community Roundup Event was held on November 18-20, 2021, with 2,157 individuals vaccinated. A vaccine event was conducted in conjunction with the Children's Christmas Parade on December 4, 2021, which 329 individuals were vaccinated. A vaccine event was conducted in conjunction with the Porterville College Foundation Swap Meet on December 11, 2021, which 374 individuals were vaccinated. A sixth Community Roundup Event was held on December 9-11, 2021, with 1,730 individuals vaccinated. A seventh Community Roundup Event was held on January 6-8, 2022, with 3,041 individuals vaccinated. A total of 12,670 local gift cards/certificates have been purchased and $1,267,000 in City ARPA funds Item No. 17.
expended. Sierra View has expressed its interest in continuing to partner with the City in future vaccine incentive events. The Council also directed staff to coordinate with the local school districts in the potential planning of schoolbased vaccine events for youth ages 5-11 years. At its meeting on December 21, 2021, the Council approved a Community Roundup event be planned with Sierra View for January 27-29, 2022.

Consistent with federal guidelines in the use of ARPA funds and the Council's priorities for the use of funds, at its meeting on October 19, 2021, the Council acted to support a request by UPHoldings and Self-Help Enterprises in the amount of $250,000 toward the development of the Finca Serena affordable and permanent supportive housing project, and to apply the County of Tulare's $500,000 appropriation of ARPA funds to address homelessness in the city of Porterville.

At its meeting on May 5, 2020, the Council acted to amend its federal Community Development Block Grant (CDBG) 5-Year Action Plan and program the $490,000 CDBG-CV business assistance funds received, and took additional action at its meeting on June 2, 2020, which staff received final approval from the Housing and Urban Development (HUD) Department on July 21, 2020, and begin providing local small business assistance. Although the City received approval of its CDBG-CV plan and program by HUD, on August 10, 2020, HUD released its final set of program rules, which staff had to review for consistency. On September 17, 2020, the City received notification from HUD of an additional $393,000 in additional CDBG-CV funds, which City staff is still awaiting final approval from HUD on the use of funds. At its meeting of June 16, 2020, the Council took action to defer the collection of the biannual $25 business license from July 2020 to January 2021 for local small businesses, which due to the State's current regional stay at home order, at its meeting on December 15, 2020, the Council acted to defer the biannual collection again until July 2021. At its meeting on August 3, 2021, the Council acted to continue to defer the biannual collection until January 2022.

On December 3, 2020, given the new Regional Stay-at-Home Orders, the State announced that a new $500 million in grants would be made available to assist small businesses impacted by the Orders, which the application period for the first round of funding opened on December 30, 2020, and closed on January 13, 2021. A second round of funding was committed to by the State, with the application period having opened on February 2 and closed on February 8, 2021. Four additional rounds of funding were announced by the State on March 3, 2021, with the third round (waitlisted applicants from the first and seconds rounds only) having opened on March 5 and closed March 11, 2021, the fourth round (nonprofit cultural institutions only) opened on March 16 and closed on March 23, 2021, the fifth round (open to all eligible applicants) opened on March 25 and closed on March 31, 2021, and the sixth round (open to all eligible applicants) opened on April 28, 2021 and closed on May 4, 2021. An eighth round for nonprofit cultural institutions only opened on August 27, 2021 and closed on September 8, 2021. A ninth round for new and waitlisted applicants opened on September 9, 2021 and closed on September 30, 2021.

Item No. 17.

Additional rounds of funding may be announced, as the State has recognized an estimated $75 billion budget surplus.

Given challenges of access and gaps in available small business assistance, some cities have developed self-funded small business assistance programs. As an example, the City of Whittier recently developed a $500,000 small business assistance grant program, with eligible businesses required to have a valid business license, be independently owned and operated, and have a physical commercial location (home based businesses are not eligible). The program provides $500 to personal care services providers (i.e. hair, massage, nail, skincare, tattoo), $2,000 to businesses that generate less than $250,000 in gross taxable sales, and $2,500 to businesses that generate more than $250,000 in gross taxable sales. Small businesses are defined generating less than $1.25 million in gross taxable sales.

From a City financial perspective, there is uncertainty as to how the pandemic would affect local sales tax and transient occupancy tax, which could be further compounded by a potential reassessment of property tax values. Fortunately, the conservative stewardship of the City has allowed it to have General Fund reserves for Catastrophic Emergencies ($2.8 million) and Budget Stabilization ($4.3 million), which in addition to the recent passage of Measure I, allows the City to purposefully address the current crisis and plan for budgetary accommodations that the City's essential services to the community can continue without current modification. The League of California Cities has estimated cities in California will collectively lose $7 billion in revenue through the 2020-2021 fiscal year.

As a component of its 2020-2021 budget adoption, the State appropriated $500 million of CARES Act funding to cities that were not allocated CARES Act funding directly by the federal government, including $275 million to cities with a population of less than 300,000, which the City received approximately $740,000.

On January 8, 2021, Governor Newsom announced the State's proposed $227 billion budget for the 2021-2022 fiscal year, allocating $15 billion for COVID19 recovery and support, focused on vaccinations, safe reopening of schools, support for small businesses, and funding for California residents, but did not include financial support for cities.

On February 23, 2021, Governor Newsom signed the Golden State Stimulus legislation, that provides $9.6 billion in financial assistance to eligible individuals and families, and economic aid to qualifying small businesses and non-profits.

On January 10, 2022, Governor Newsom announced the State's proposed $286 billion budget for the 2022-2023 fiscal year, including a $45 billion surplus, allocating $2.7 billion toward the continued pandemic focused on vaccines, statewide testing and increased medical personnel.

Item No. 17.

RECOMMENDATION: That the City Council:

1. Receive the report of status and review of the Proclamation of Local Emergency;

2. Determine the need exists to continue said Declaration;

3. Approve the Draft Resolution authorizing local emergency virtual meetings; and

4. Take action and/or provide direction as deemed necessary.

ATTACHMENTS: 1. Resolution 22-2020: Proclamation of Local Emergency

2. Governor Newsom Proclamation of a State of Emergency

3. President Trump Proclamation on Declaring a National Emergency

4. Tulare County Proclamations of Local Emergency

5. Tule River Tribe Declaration of State of Emergency

6. Governor Newsom Executive Order N-42-20 - Utilities

7. City of Porterville Urgency Ordinance - Face Coverings:

July 21, 2020

8. Tulare County Emergency Rental and Utility Assistance Program

9. United States Treasury Department State and Local Fiscal Recovery Funds - Fact Sheet

10. State of California Face Coverings Guidance - June 9, 2021

11. City Utilities Past Due Balances - November 2021

12. State of California Beyond the Blueprint for Industry and Business Sectors (Including Mega Events) - December 31, 2021

13. State of California Face Covering Guidance Update - January 5, 2022

14. Vaccination Incentives Report

15. Draft Resolution - AB 361 Local Emergency Remote
Access
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

3/31/2020 Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak | The White House https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/ 1/3 In December 2019, a novel (new) coronavirus known as SARS-CoV-2 (“the virus”) was first detected in Wuhan, Hubei Province, People’s Republic of China, causing outbreaks of the coronavirus disease COVID-19 that has now spread globally. The Secretary of Health and Human Services (HHS) declared a public health emergency on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), in response to COVID-19. I have taken sweeping action to control the spread of the virus in the United States, including by suspending entry of foreign nationals seeking entry who had been physically present within the prior 14 days in certain jurisdictions where COVID-19 outbreaks have occurred, including the People’s Republic of China, the Islamic Republic of Iran, and the Schengen Area of Europe. The Federal Government, along with State and local governments, has taken preventive and proactive measures to slow the spread of the virus and treat those aected, including by instituting Federal quarantines for individuals evacuated from foreign nations, issuing a declaration pursuant to section 319F‑3 of the Public Health Service Act (42 U.S.C. 247d‑6d), and releasing policies to accelerate the acquisition of personal protective equipment and streamline bringing new diagnostic capabilities to laboratories. On March 11, 2020, the World Health Organization announced that the COVID-19 outbreak can be characterized as a pandemic, as the rates of infection continue to rise in many locations around the world and across the United States.

The spread of COVID-19 within our Nation’s communities threatens to strain our Nation’s healthcare systems. As of March 12, 2020, 1,645 people from 47 States have been infected with the virus that

PROCLAMATIONS
Proclamation on Declaring a National Emergency
Concerning the Novel Coronavirus Disease (COVID19) Outbreak Issued on: March 13, 2020
★ ★ ★
3/31/2020 Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak | The White House https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/ 2/3 causes COVID-19. It is incumbent on hospitals and medical facilities throughout the country to assess their preparedness posture and be prepared to surge capacity and capability. Additional measures, however, are needed to successfully contain and combat the virus in the United States.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) and consistent with section 1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b-5), do hereby find and proclaim that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020.

Pursuant to this declaration, I direct as follows:

Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID‑19 outbreak.

Sec. 2. Certification and Notice. In exercising this authority, the Secretary of HHS shall provide certification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b-5(d)).

Sec. 3. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise aect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Oice of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its oicers, employees, or agents, or any other person. 3/31/2020 Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak | The White House https://www.whitehouse.gov/presidential-actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/ 3/3 IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

DONALD J. TRUMP

Overview of the Emergency Rental Assistance Program
Background
On December 27, 2020 the federal Consolidated Appropriations Act 2021 was signed into law and $25 billion was allocated to the United States Treasury (UST) for the Emergency Rental Assistance Program (ERAP) to assist households that are unable to pay rent or utilities due to the COVID-10 pandemic.

California received $2.6 of the federal ERAP funds. To implement these rental assistance resources, the state of CA worked with state legislation to develop a programmatic framework to ease administration burden and deploy these resources to those most in need.

On January 28th, the Legislature approved SB 91. This bill extended the eviction protections and created a mechanism to deploy the $2.6 billion in ERAP resources to assist struggling tenants and landlords impacted by COVID-19. The bill allocated $1.5 billion to the state and $1.1 billion directly to local governments with populations with more than 200,000. The bill establishes the criteria and prioritization for use of the state-administered rental assistance funding from the federal bill.

Local governments with populations of 200,000 and greater that received a direct allocation of funding for rental assistance from the federal government could also qualify for block grant funding from the state’s $1.5 billion share. Counties were given the option to take the funds and administer their own program or to participate in the state-administered program. Tulare County has opted to participate in the state administered program. The state administered program will be managed centrally by the Local Initiatives Support Corporation (LISC).

Under state statute the rental assistance program is to be implemented by March 15, 2021. Ninety percent of the funding is to be directed towards financial assistance and ten percent for administration of the program.

Program Requirements
While not a full comprehensive list, the key program requirements include the following:
- For those landlords who agree to participate, funding will be available to pay up to 80 percent of an eligible household’s unpaid rent accumulated from April 2020 through March 2021, provided that the landlord agrees to forgive the remaining 20 percent.
- In cases where the landlord chooses not to participate, tenants can apply for assistance for rental arrears, but are be limited to compensation of 25% of the eligible household’s unpaid rent accumulated from April 2020 through March 2021 which will be paid to the landlord. The program also allows for prospective payments of 25% of the monthly rent for the months of April, May, and June 2021. - Funds are to be administered in a least three rounds to eligible households. Prioritizing: (1) those households under 50% of the area median income (AMI) or unemployed for 90 days; (2) Below 80% AMI and in communities disproportionately affected by COVID-19 (as determined by the Department of Housing and Community Development); (3) Below 80% AMI not included in round 1 and 2. - The top priority for the use of assistance funding would be rental arrears; followed by prospective rent payments, utility payments (both arrears and prospective payments) LISC and Local Partnership
Given the rapid implementation timeframes, the one-time nature of these funds, among other considerations, the State believed that a central administrative structure would be most effective in deploying these resources in an effective and compliant manner. They contracted with LISC to administering the Emergency Rental Assistance Program (ERAP). LISC will be responsible in providing the following support and oversight:
- State outreach and education campaign with adaptability for local messaging. - Standardized, federally consistent application and eligibility criteria, accessible to both landlords and tenants.
- Contracted solution with a state-wide network, including rural areas. - Robust, multi-lingual client support and technical assistance. - Processing of Applications (input, review, verification, fraud control, notificationsto tenant and landlord, verification of accounts, disbursement of payment, reporting per state and federal government requirements, downstream audit management).
- Central privacy protections and fraud control.
- Management of duplication of benefits in accordance with the Consolidated Appropriations Act, 2021. - Application portal to begin receiving applications from landlords and tenants.

LISC is seeking nonprofit and community-based organizations with capacity to provide local on-the-ground support to residents to help them access rental assistance. LISC will work with local partners and organizations within Tulare County to ensure all potential applicants know about the ERAP and receive the needed program assistance.

There are three tiers of partnership: Tier 1-Promotion, Tier 2-Outreach, and Tier 3-Technical Assistance.

Local partners who want to partner with LISC will need to submit an application. Partner requirements include:
- Registered non-profits and quasi-government entities providing services to residents in communities served by this program
- Must have an EIN
- Must have a DUNS number
- Must be active on the CA Secretary of State website
- Must be registered on SAM website
- If applicable, non-profits must have actively filed 990 Forms Organizations that do not have the above information are not eligible for Tier 2 and Tier 3 partnership but may still apply under the Tier 1 program. All applicants will be considered based on capacity to successfully reach their proposed community. Tier 2 and 3 will also be evaluated based on ability to successfully administer federal funds. First round of applications were due Monday, February 22. However, ongoing applications can still be submitted after the 22nd and will be reviewed on an ongoing basis throughout the program. To apply go to https://lisc.tfaforms.net/308
Eviction Protections
- SB 91 extends the states current eviction moratorium for tenants unable to pay rent due to COVID related financial hardships, as established under AB 3088, by five months, from January 31, 2021 through June 30, 2021.
- Tenants must continue to pay 25% of their rental obligations, as required under AB 3088, through June 30, 2021. During this time as tenants continue to pay at least 25% of their rent, then they are protected from eviction for any unpaid rent that has accumulated through June 30 and it can never be used as the basis for eviction. The 25% may be paid monthly or as a lump sum by June 30, 2021. 1 FACT SHEET: The Coronavirus State and Local Fiscal Recovery Funds Will Deliver $350 Billion for State, Local, Territorial, and Tribal Governments to Respond to the COVID-19 Emergency and Bring Back Jobs
May 10, 2021
Aid to state, local, territorial, and Tribal governments will help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery Today, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments. Treasury also released details on how these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among these governments, and support the communities and populations hardest-hit by the COVID-19 crisis. With the launch of the Coronavirus State and Local Fiscal Recovery Funds, eligible jurisdictions will be able to access this funding in the coming days to address these needs.

State, local, territorial, and Tribal governments have been on the frontlines of responding to the immense public health and economic needs created by this crisis – from standing up vaccination sites to supporting small businesses – even as these governments confronted revenue shortfalls during the downturn. As a result, these governments have endured unprecedented strains, forcing many to make untenable choices between laying off educators, firefighters, and other frontline workers or failing to provide other services that communities rely on. Faced with these challenges, state and local governments have cut over 1 million jobs since the beginning of the crisis. The experience of prior economic downturns has shown that budget pressures like these often result in prolonged fiscal austerity that can slow an economic recovery.

To support the immediate pandemic response, bring back jobs, and lay the groundwork for a strong and equitable recovery, the American Rescue Plan Act of 2021 established the Coronavirus State and Local Fiscal Recovery Funds, designed to deliver $350 billion to state, local, territorial, and Tribal governments to bolster their response to the COVID-19 emergency and its economic impacts. Today, Treasury is launching this much-needed relief to:
• Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control;
• Replace lost public sector revenue to strengthen support for vital public services and help retain jobs;
• Support immediate economic stabilization for households and businesses; and, • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations.

The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs—including support for households, small businesses, impacted industries, essential workers, and the communities hardest-hit by the crisis. These funds also deliver resources that recipients can invest in building, maintaining, or upgrading their water, sewer, and broadband infrastructure.
2 Starting today, eligible state, territorial, metropolitan city, county, and Tribal governments may request Coronavirus State and Local Fiscal Recovery Funds through the Treasury Submission Portal. Concurrent with this program launch, Treasury has published an Interim Final Rule that implements the provisions of this program.

FUNDING AMOUNTS
The American Rescue Plan provides a total of $350 billion in Coronavirus State and Local Fiscal Recovery Funds to help eligible state, local, territorial, and Tribal governments meet their present needs and build the foundation for a strong recovery. Congress has allocated this funding to tens of thousands of jurisdictions. These allocations include:

Type
Amount
($ billions)
States & District of Columbia $195.3
Counties $65.1
Metropolitan Cites $45.6
Tribal Governments $20.0
Territories $4.5
Non-Entitlement Units of
Local Government
$19.5
Treasury expects to distribute these funds directly to each state, territorial, metropolitan city, county, and Tribal government. Local governments that are classified as non-entitlement units will receive this funding through their applicable state government. Treasury expects to provide further guidance on distributions to non-entitlement units next week.

Local governments should expect to receive funds in two tranches, with 50% provided beginning in May 2021 and the balance delivered 12 months later. States that have experienced a net increase in the unemployment rate of more than 2 percentage points from February 2020 to the latest available data as of the date of certification will receive their full allocation of funds in a single payment; other states will receive funds in two equal tranches. Governments of U.S. territories will receive a single payment.

Tribal governments will receive two payments, with the first payment available in May and the second payment, based on employment data, to be delivered in June 2021.

USES OF FUNDING
Coronavirus State and Local Fiscal Recovery Funds provide eligible state, local, territorial, and Tribal governments with a substantial infusion of resources to meet pandemic response needs and rebuild a stronger, more equitable economy as the country recovers. Within the categories of eligible uses, recipients have broad flexibility to decide how best to use this funding to meet the needs of their communities. Recipients may use Coronavirus State and Local Fiscal Recovery Funds to:
3 • Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; • Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector;
• Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic; • Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and,
• Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet.

Within these overall categories, Treasury’s Interim Final Rule provides guidelines and principles for determining the types of programs and services that this funding can support, together with examples of allowable uses that recipients may consider. As described below, Treasury has also designed these provisions to take into consideration the disproportionate impacts of the COVID-19 public health emergency on those hardest-hit by the pandemic.

1. Supporting the public health response
Mitigating the impact of COVID-19 continues to require an unprecedented public health response from state, local, territorial, and Tribal governments. Coronavirus State and Local Fiscal Recovery Funds provide resources to meet these needs through the provision of care for those impacted by the virus and through services that address disparities in public health that have been exacerbated by the pandemic. Recipients may use this funding to address a broad range of public health needs across COVID-19 mitigation, medical expenses, behavioral healthcare, and public health resources. Among other services, these funds can help support:
• Services and programs to contain and mitigate the spread of COVID-19, including:
 Vaccination programs
 Medical expenses
 Testing
 Contact tracing
 Isolation or quarantine
 PPE purchases
 Support for vulnerable populations to
access medical or public health services
 Public health surveillance (e.g.,
monitoring for variants)
 Enforcement of public health orders
 Public communication efforts
 Enhancement of healthcare capacity,
including alternative care facilities
 Support for prevention, mitigation, or
other services in congregate living
facilities and schools
 Enhancement of public health data
systems
 Capital investments in public facilities to
meet pandemic operational needs
 Ventilation improvements in key settings
like healthcare facilities
4 • Services to address behavioral healthcare needs exacerbated by the pandemic, including:
 Mental health treatment
 Substance misuse treatment
 Other behavioral health services
 Hotlines or warmlines
 Crisis intervention
 Services or outreach to promote access
to health and social services
• Payroll and covered benefits expenses for public health, healthcare, human services, public safety and similar employees, to the extent that they work on the COVID-19 response. For public health and safety workers, recipients can use these funds to cover the full payroll and covered benefits costs for employees or operating units or divisions primarily dedicated to the COVID-19 response.

2. Addressing the negative economic impacts caused by the public health emergency The COVID-19 public health emergency resulted in significant economic hardship for many Americans.

As businesses closed, consumers stayed home, schools shifted to remote education, and travel declined precipitously, over 20 million jobs were lost between February and April 2020. Although many have since returned to work, as of April 2021, the economy remains more than 8 million jobs below its prepandemic peak, and more than 3 million workers have dropped out of the labor market altogether since February 2020.

To help alleviate the economic hardships caused by the pandemic, Coronavirus State and Local Fiscal Recovery Funds enable eligible state, local, territorial, and Tribal governments to provide a wide range of assistance to individuals and households, small businesses, and impacted industries, in addition to enabling governments to rehire public sector staff and rebuild capacity. Among these uses include:
• Delivering assistance to workers and families, including aid to unemployed workers and job training, as well as aid to households facing food, housing, or other financial insecurity. In addition, these funds can support survivor’s benefits for family members of COVID-19 victims. • Supporting small businesses, helping them to address financial challenges caused by the pandemic and to make investments in COVID-19 prevention and mitigation tactics, as well as to provide technical assistance. To achieve these goals, recipients may employ this funding to execute a broad array of loan, grant, in-kind assistance, and counseling programs to enable small businesses to rebound from the downturn.
• Speeding the recovery of the tourism, travel, and hospitality sectors, supporting industries that were particularly hard-hit by the COVID-19 emergency and are just now beginning to mend.

Similarly impacted sectors within a local area are also eligible for support. • Rebuilding public sector capacity, by rehiring public sector staff and replenishing unemployment insurance (UI) trust funds, in each case up to pre-pandemic levels. Recipients may also use this funding to build their internal capacity to successfully implement economic relief programs, with investments in data analysis, targeted outreach, technology infrastructure, and impact evaluations.
5 3. Serving the hardest-hit communities and families
While the pandemic has affected communities across the country, it has disproportionately impacted low-income families and communities of color and has exacerbated systemic health and economic inequities. Low-income and socially vulnerable communities have experienced the most severe health impacts. For example, counties with high poverty rates also have the highest rates of infections and deaths, with 223 deaths per 100,000 compared to the U.S. average of 175 deaths per 100,000.

Coronavirus State and Local Fiscal Recovery Funds allow for a broad range of uses to address the disproportionate public health and economic impacts of the crisis on the hardest-hit communities, populations, and households. Eligible services include:
• Addressing health disparities and the social determinants of health, through funding for community health workers, public benefits navigators, remediation of lead hazards, and community violence intervention programs;
• Investments in housing and neighborhoods, such as services to address individuals experiencing homelessness, affordable housing development, housing vouchers, and residential counseling and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity;
• Addressing educational disparities through new or expanded early learning services, providing additional resources to high-poverty school districts, and offering educational services like tutoring or afterschool programs as well as services to address social, emotional, and mental health needs; and,
• Promoting healthy childhood environments, including new or expanded high quality childcare, home visiting programs for families with young children, and enhanced services for child welfare-involved families and foster youth.

Governments may use Coronavirus State and Local Fiscal Recovery Funds to support these additional services if they are provided:
• within a Qualified Census Tract (a low-income area as designated by the Department of Housing and Urban Development);
• to families living in Qualified Census Tracts;
• by a Tribal government; or,
• to other populations, households, or geographic areas disproportionately impacted by the pandemic.

4. Replacing lost public sector revenue
State, local, territorial, and Tribal governments that are facing budget shortfalls may use Coronavirus State and Local Fiscal Recovery Funds to avoid cuts to government services. With these additional resources, recipients can continue to provide valuable public services and ensure that fiscal austerity measures do not hamper the broader economic recovery.
6 Many state, local, territorial, and Tribal governments have experienced significant budget shortfalls, which can yield a devastating impact on their respective communities. Faced with budget shortfalls and pandemic-related uncertainty, state and local governments cut staff in all 50 states. These budget shortfalls and staff cuts are particularly problematic at present, as these entities are on the front lines of battling the COVID-19 pandemic and helping citizens weather the economic downturn.

Recipients may use these funds to replace lost revenue. Treasury’s Interim Final Rule establishes a methodology that each recipient can use to calculate its reduction in revenue. Specifically, recipients will compute the extent of their reduction in revenue by comparing their actual revenue to an alternative representing what could have been expected to occur in the absence of the pandemic.

Analysis of this expected trend begins with the last full fiscal year prior to the public health emergency and projects forward at either (a) the recipient’s average annual revenue growth over the three full fiscal years prior to the public health emergency or (b) 4.1%, the national average state and local revenue growth rate from 2015-18 (the latest available data).

For administrative convenience, Treasury’s Interim Final Rule allows recipients to presume that any diminution in actual revenue relative to the expected trend is due to the COVID-19 public health emergency. Upon receiving Coronavirus State and Local Fiscal Recovery Funds, recipients may immediately calculate the reduction in revenue that occurred in 2020 and deploy funds to address any shortfall. Recipients will have the opportunity to re-calculate revenue loss at several points through the program, supporting those entities that experience a lagged impact of the crisis on revenues.

Importantly, once a shortfall in revenue is identified, recipients will have broad latitude to use this funding to support government services, up to this amount of lost revenue.

5. Providing premium pay for essential workers
Coronavirus State and Local Fiscal Recovery Funds provide resources for eligible state, local, territorial, and Tribal governments to recognize the heroic contributions of essential workers. Since the start of the public health emergency, essential workers have put their physical well-being at risk to meet the daily needs of their communities and to provide care for others.

Many of these essential workers have not received compensation for the heightened risks they have faced and continue to face. Recipients may use this funding to provide premium pay directly, or through grants to private employers, to a broad range of essential workers who must be physically present at their jobs including, among others:
 Staff at nursing homes, hospitals,
and home-care settings
 Workers at farms, food production
facilities, grocery stores, and restaurants
 Janitors and sanitation workers
 Public health and safety staff
 Truck drivers, transit staff, and
warehouse workers
 Childcare workers, educators, and school
staff
 Social service and human services staff
Treasury’s Interim Final Rule emphasizes the need for recipients to prioritize premium pay for lower income workers. Premium pay that would increase a worker’s total pay above 150% of the greater of the state or county average annual wage requires specific justification for how it responds to the needs of these workers.
7 In addition, employers are both permitted and encouraged to use Coronavirus State and Local Fiscal Recovery Funds to offer retrospective premium pay, recognizing that many essential workers have not yet received additional compensation for work performed. Staff working for third-party contractors in eligible sectors are also eligible for premium pay.

6. Investing in water and sewer infrastructure
Recipients may use Coronavirus State and Local Fiscal Recovery Funds to invest in necessary improvements to their water and sewer infrastructures, including projects that address the impacts of climate change.

Recipients may use this funding to invest in an array of drinking water infrastructure projects, such as building or upgrading facilities and transmission, distribution, and storage systems, including the replacement of lead service lines.

Recipients may also use this funding to invest in wastewater infrastructure projects, including constructing publicly-owned treatment infrastructure, managing and treating stormwater or subsurface drainage water, facilitating water reuse, and securing publicly-owned treatment works.

To help jurisdictions expedite their execution of these essential investments, Treasury’s Interim Final Rule aligns types of eligible projects with the wide range of projects that can be supported by the Environmental Protection Agency’s Clean Water State Revolving Fund and Drinking Water State Revolving Fund. Recipients retain substantial flexibility to identify those water and sewer infrastructure investments that are of the highest priority for their own communities.

Treasury’s Interim Final Rule also encourages recipients to ensure that water, sewer, and broadband projects use strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions.

7. Investing in broadband infrastructure
The pandemic has underscored the importance of access to universal, high-speed, reliable, and affordable broadband coverage. Over the past year, millions of Americans relied on the internet to participate in remote school, healthcare, and work.

Yet, by at least one measure, 30 million Americans live in areas where there is no broadband service or where existing services do not deliver minimally acceptable speeds. For millions of other Americans, the high cost of broadband access may place it out of reach. The American Rescue Plan aims to help remedy these shortfalls, providing recipients with flexibility to use Coronavirus State and Local Fiscal Recovery Funds to invest in broadband infrastructure.

Recognizing the acute need in certain communities, Treasury’s Interim Final Rule provides that investments in broadband be made in areas that are currently unserved or underserved—in other words, lacking a wireline connection that reliably delivers minimum speeds of 25 Mbps download and 3 Mbps upload. Recipients are also encouraged to prioritize projects that achieve last-mile connections to households and businesses.

Using these funds, recipients generally should build broadband infrastructure with modern technologies in mind, specifically those projects that deliver services offering reliable 100 Mbps download and 100 8 Mbps upload speeds, unless impracticable due to topography, geography, or financial cost. In addition, recipients are encouraged to pursue fiber optic investments.

In view of the wide disparities in broadband access, assistance to households to support internet access or digital literacy is an eligible use to respond to the public health and negative economic impacts of the pandemic, as detailed above.

8. Ineligible Uses
Coronavirus State and Local Fiscal Recovery Funds provide substantial resources to help eligible state, local, territorial, and Tribal governments manage the public health and economic consequences of COVID-19. Recipients have considerable flexibility to use these funds to address the diverse needs of their communities.

To ensure that these funds are used for their intended purposes, the American Rescue Plan Act also specifies two ineligible uses of funds:
• States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue due to a change in law from March 3, 2021 through the last day of the fiscal year in which the funds provided have been spent. The American Rescue Plan ensures that funds needed to provide vital services and support public employees, small businesses, and families struggling to make it through the pandemic are not used to fund reductions in net tax revenue.

Treasury’s Interim Final Rule implements this requirement. If a state or territory cuts taxes, they must demonstrate how they paid for the tax cuts from sources other than Coronavirus State Fiscal Recovery Funds—by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be paid back to the Treasury. • No recipient may use this funding to make a deposit to a pension fund. Treasury’s Interim Final Rule defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions for employees whose wages and salaries are an eligible use of funds.

Treasury’s Interim Final Rule identifies several other ineligible uses, including funding debt service, legal settlements or judgments, and deposits to rainy day funds or financial reserves. Further, general infrastructure spending is not covered as an eligible use outside of water, sewer, and broadband investments or above the amount allocated under the revenue loss provision. While the program offers broad flexibility to recipients to address local conditions, these restrictions will help ensure that funds are used to augment existing activities and address pressing needs.

State of California—Health and Human Services Agency
California Department of Public Health
TOMÁS J. ARAGÓN, MD, DrPH GAVIN NEWSOM
Director and State Public Health Officer Governor
June 9, 2021
Note: This guidance is effective June 15, 2021and supersedes all prior face coverings guidance.

GUIDANCE FOR THE USE OF MASKS
Background
The COVID-19 vaccines are effective in preventing infection, disease, and spread.

Unvaccinated persons are more likely to get infected and spread the virus which is transmitted through the air and concentrates indoors. About 15% of our population remains without the option for vaccination (children under 12 years old are not yet eligible) and risk for COVID-19 exposure and infection will remain until we reach full community immunity.

The purpose of this guidance is to align with CDC recommendations and provide information about higher risk settings where masks are required or recommended to prevent transmission to persons with higher risk of infection (e.g., unvaccinated or immunocompromised persons), to persons with prolonged, cumulative exposures (e.g., workers), or to persons whose vaccination status is unknown. When people who are not fully vaccinated wear a mask correctly, they protect others as well as themselves. Consistent and correct mask use by people who are not fully vaccinated is especially important indoors.

In workplaces, employers are subject to the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) or in some workplaces the CalOSHA Aerosol Transmissible Diseases Standard, and should consult those regulations for additional applicable requirements.

Guidance for Individuals
Masks are not required for fully vaccinated individuals, except in the following settings where masks are required for everyone, regardless of vaccination status:
• On public transit1 (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares) and in transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation)
• Indoors in K-12 schools2, childcare3 and other youth settings. o Note: This may change as updated K-12 schools guidance is forthcoming, pending updates for K-12 operational guidance from the CDC. 1 CDC Requirement for Face Masks on Public Transportation Conveyances and at Transportation Hubs 2 CDC Operational Strategy for K-12 Schools through Phased Prevention 3 CDC Guidance for Operating Child Care Programs during COVID-19 • Healthcare settings4 (including long term care facilities5) • State and local correctional facilities and detention centers6 • Homeless shelters7, emergency shelters8 and cooling centers9 Additionally, masks are required* for unvaccinated individuals in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public)
For additional information, individuals should refer to CDC Recommendations for Safer Activities (see CDPH Masking Guidance Frequently Asked Questions for more information). *Guidance for Businesses, Venue Operators or Hosts
In settings where masks are required only for unvaccinated individuals, businesses, venue operators or hosts may choose to:
• Provide information to all patrons, guests and attendees regarding vaccination requirements and allow vaccinated individuals to self-attest that they are in compliance prior to entry.
• Implement vaccine verification to determine whether individuals are required to wear a mask.
• Require all patrons to wear masks.

No person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.

Exemptions to masks requirements
The following individuals are exempt from wearing masks at all times:
• Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
• Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.
• Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication. • Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.
4 CDC Updated Healthcare Infection Prevention and Control Recommendations in Response to COVID-19 Vaccination 5 CDC Interim Infection Prevention and Control Recommendations to Prevent SARS-CoV-2 Spread in Nursing Homes 6 CDC Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities 7 CDC Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) 8 CDC Interim Guidance for General Population Disaster Shelters During the COVID-19 Pandemic 9 CDC Interim guidance to reduce the risk of introducing and transmitting SARS COV-2 in cooling centers.

AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF Mar20-Nov21 3/31/2020 2/28/2021 3/31/2021 4/30/2021 5/31/2021 6/30/2021 7/31/2021 8/31/2021 9/30/2021 10/31/2021 11/30/2021 Difference WATER $155,942 $571,536 $527,676 $463,170 $470,677 $503,738 $481,955 $543,626 $602,471 $559,589 $618,746 $462,804 SEWER 171,185 349,334 294,515 283,873 305,374 292,298 282,188 300,471 320,062 331,194 334,051 $162,866 REFUSE 155,172 316,767 268,798 253,119 273,951 262,133 248,199 267,486 282,828 297,209 295,806 $140,634 $482,299 $1,237,637 $1,090,989 $1,000,161 $1,050,002 $1,058,170 $1,012,342 $1,111,583 $1,205,360 $1,187,992 $1,248,603 $766,304

AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF ESTIMATED PENALTIES 2/28/2021 3/31/2021 4/30/2021 5/31/2021 6/30/2021 7/31/2021 8/31/2021 9/30/2021 10/31/2021 11/30/2021 WATER $150,734 $143,479 $136,401 $138,598 $145,220 $132,986 $147,937 $145,259 $145,534 $163,842 SEWER 91,957 75,987 75,827 84,055 79,686 73,592 78,818 77,245 83,940 88,486 REFUSE 84,750 69,309 68,561 75,935 71,125 65,677 70,806 68,894 75,323 78,977 $327,441 $288,775 $280,789 $298,589 $296,032 $272,256 $297,561 $291,399 $304,797 $331,304 TOTALS $1,565,077 $1,379,764 $1,280,950 $1,348,590 $1,354,201 $1,284,597 $1,409,144 $1,496,759 $1,492,789 $1,579,907

CITY OF PORTERVILLE

UTILITIES

PAST DUE BALANCES
December 31, 2021
TO:

SUBJECT:

TOMÁS J. ARAGÓN, M.D., Dr.P.H.

State Public Health Officer & Director

GAVIN NEWSOM
Governor
State of California—Health and Human
Services Agency
California Department of
Public Health
All Californians
Beyond the Blueprint for Industry and Business Sectors (Including Mega Events) This guidance is effective January 15, 2022, and will supersede all prior Beyond the Blueprint for Industry and Business Sectors guidance.

Related Materials: Beyond the Blueprint Q&A | Vaccination Record Guidelines & Standards | More Languages Updates as of December 31, 2021:

Lowered threshold for Indoor Mega Event to 500 attendees and Outdoor Mega Event to 5,000 attendees.

Background:

Since Thanksgiving, the statewide seven-day average case rate has increased by 410% and the number of COVID19 hospitalized patients has increased by 63%. In addition, the recent emergence of the Omicron variant[1] (it is estimated that approximately 70% of cases sequenced, nationally, are Omicron and rapid increases are occurring globally) further emphasizes the importance of vaccination, boosters, and prevention efforts to continue protecting against COVID-19.

Early data also suggest the increased transmissibility of the Omicron variant is two to four times as infectious as the Delta variant, and there is evidence of immune evasion.

On June 15, California fully reopened the economy and moved beyond the Blueprint for a Safer Economy. All sectors listed in the Blueprint Activities and Business Tiers Chart (PDF) returned to usual operations (with the limited exceptions noted below for Mega Events).

California led the nation in emerging from the Delta surge in COVID-19 infections, hospitalizations, and deaths.

This is due in large part to the collective efforts of Californians to get vaccinated and wear masks. Vaccination remains the ultimate exit strategy out of the COVID-19 pandemic, but we still have a ways to go. Although infection rates had been decreasing, they are increasing again, and at least 42 counties continue to experience high transmission, as classified by the CDC.

Ongoing vigilance is necessary to protect against COVID-19. This continues to be the case for large, indoor events, which have the potential to cause large, substantial, and severe outbreaks. As we enter the winter season, more Californians and others entering California will be participating in indoor events and traveling across the state, country, and the globe, increasing the risk of spreading COVID-19.

Large events involve several factors that increase the risk of transmission including (a) persons attending often travel from outside the immediate area, from areas with higher levels of transmission, and some types of travel may increase the risk of exposure; (b) events have prolonged duration; (c) crowding is common in large events; (d) even in counties or venues with universal masking requirements, masks are removed for eating and drinking; and (e) the larger the number of people gathered in crowded settings, the greater the likelihood that contagious persons are present and the more individuals who are exposed with the potential of becoming infected and spreading infections within their families, communities, schools, and workplaces.

The risk of spreading COVID-19 is decreased when all parties are vaccinated. Vaccination or negative COVID-19 test result verification, especially indoors, is an additional, important strategy to reduce transmission in large gatherings, especially where masks are removed for eating, drinking and where activities (like singing, yelling, or cheering) that increase transmission risk are occurring, even when masks are being worn. In the context of concerning levels of transmission throughout much of the state, country, and worldwide and the ongoing risk of large gatherings, it is important that these mitigation strategies remain in place.

On December 1, all attendees age 18 and older were required to provide identification to confirm the individual presenting proof of vaccination or negative test is the attendee entering the facility or venue. This additional measure is important at this time given that the frequency of indoor events will rise during this winter season, and many individuals attending these events may be coming from states and other countries that are experiencing higher rates of COVID transmission. Many events may also include families with children who are unable to receive the vaccine, or those who may be at high-risk for severe illness or death.

On December 15, testing for Mega Events was required to be conducted within one day for antigen tests, and within two days for PCR tests prior to entry into the facility or venue.

Through this public health guidance, the threshold for Indoor Mega Events is lowered to 500 attendees and for Outdoor Mega Events to 5,000 attendees. Facilities and venues that are newly covered by this guidance must be in full compliance with this new requirement no later than January 15, 2022.

This new measure brings added layers of mitigation as the Omicron variant is increasingly detected across California, the United States, and the world and is likely to spread more easily than the original SARS-CoV-2 virus and potentially the Delta variant.

It is important that we continue to protect our communities by ensuring that all attendees have taken all required measures to protect themselves and those around them.

These restrictions and recommendations will continue to be updated as CDPH continues to assess conditions on an ongoing basis.

Restrictions Applying to Indoor & Outdoor Settings
UPDATE:

Definitions of Mega Events[2]
Crowds greater than 500 (indoors) attendees
Crowds greater than 5,000 (outdoors) attendees
Vaccine Verification / Negative Testing Required for Indoor Mega Events Recommended for Outdoor Mega Events
Capacity Limitations No restrictions
Physical Distancing No restrictions for attendees, customers, and guests Masking Follow current CDPH Guidance for Face Coverings Travelers Recommend following CDC and CDPH Travel
recommendations.

Limited Requirements for Mega Events:

Mega Events are characterized by large crowds greater than 500 indoor OR 5,000 outdoor attendees. Mega Events may have either assigned or unassigned seating, and may be either general admission or gated, ticketed, and permitted events. Mega Events do not include venues such as shopping malls or museums that are open to public circulation as part of their regular operations, except to the extent that such venues host qualifying events.

Mega Events are considered higher risk for COVID transmission because:

Participants and attendees are spending extensive periods of time physically close to large numbers of people they don't usually interact with.

The frequency and total duration of close contact between attendees is increased, thereby increasing the risk that respiratory particles will be transmitted between attendees and participants.

They draw from beyond the nearby community and will often draw attendees and participants from other states and countries who may be infected with more infectious COVID variants.

Effective contact tracing may be difficult given the number of potential uncontrolled mixing between groups and attendees among individuals who are unlikely to be together again and the nature of the events.

For Indoor Mega Events (example: conventions/conferences/expos/sporting events and concerts):

In addition to the general public health recommendations:

Verification of fully vaccinated status* or pre-entry negative test** result is required of all attendees.

Indoor venue and event operators may not use self-attestation as a mode of verification.

All businesses and venue operators must check the identification of all attendees age 18 and over to validate their vaccination record or proof of negative test.

Acceptable identification is any document that includes the name of the person and photograph.

Attendees must follow CDPH Guidance for Face Coverings.

Information will be prominently placed on all communications, including the reservation and ticketing systems, to ensure guests are aware of testing and vaccination requirements (including acceptable modes of verification).

Venues should make masks available to attendees upon request.

For Outdoor Mega Events (example: music or food festivals/car shows/large endurance events and marathons/parades/sporting events and concerts):

In addition to the general public health recommendations:

Verification of fully vaccinated status or pre-entry negative COVID test result is strongly recommended for all attendees.

If implemented, venue and event operators are recommended to not use self-attestation as a mode of verification but rather use verification options for providing proof of vaccination in the CDPH Vaccine Record Guidelines & Standards.

Attendees must follow CDPH Guidance for Face Coverings. Consistent with that guidance, attendees should also wear masks at outdoor events when they enter indoor areas, such as restrooms, restaurants, retail shops, concourses, or concession stands.

Information will be prominently placed on all communications, including the reservation and ticketing systems, to ensure guests are aware that the State strongly recommends that they be fully vaccinated or obtain a negative COVID-19 test prior to attending the event.

Venues should make masks available to attendees upon request.

Additional recommendations for sponsors of Mega Events:

Encourage everyone to get vaccinated when eligible.

Facilitate increased ventilation of indoor spaces (i.e., open all windows and doors to increase natural air flow), following current CDPH and CalOSHA guidance.

Encourage everyone to sign up for CA Notify as an added layer of protection for themselves and the community to receive alerts when they have been in close contact with someone who tests positive for COVID-19. Encourage those who test positive for COVID-19 to alert CA Notify to anonymously notify those who may have been exposed.

Convey the risk of attending large, crowded events where the vaccine status of others in attendance may be unknown to the individuals.

Convey the risk of attending large, crowded events for populations that may not currently be eligible for vaccination or may be immunocompromised and whose vaccine protection may be incomplete.

Encourage all venues along any parade or event route to provide outdoor spaces for eating/drinking/congregating to reduce the risk of transmission in indoor settings. * Fully vaccinated

1. Definition: See current CDPH Guidance for Fully Vaccinated Persons for definitions, acceptable vaccines, and updates on additional vaccines as they are approved.

2. Verification: See current Options for Providing Proof of Vaccination in the CDPH Vaccine Record Guidelines & Standards for acceptable methods of vaccine verification. ** Pre-entry negative testing

1. Definition: Testing must be conducted within one day for an antigen test and within two days for a PCR test prior to entry into an event. Results of the test must be available prior to entry into the facility or venue.

Children under 2 years of age are exempt from the testing requirement, consistent with CDC guidance.

2. Verification: See current CDPH Updated Testing Guidance for acceptable methods of proof of negative COVID-19 test result.
[1] Omicron Variant: What You Need to Know
[2] These requirements continue to be recommended but not mandatory for places of worship meeting the definition of a mega event.

Originally Published on May 21, 2021
California Department of Public Health
PO Box, 997377, MS 0500, Sacramento, CA 95899-7377
Department Website (cdph.ca.gov)
January 5, 2022
TO:

SUBJECT:

TOMÁS J. ARAGÓN, M.D., Dr.P.H.

State Public Health Officer & Director

GAVIN NEWSOM
Governor
State of California—Health and Human
Services Agency
California Department of
Public Health
All Californians
Guidance for the Use of Face Masks
Related Materials: Face Coverings Q&A | Face Coverings Fact Sheet (PDF) | Face Mask Tips and Resources | Face Shields Q&A (PDF) | Safe Schools for All Hub | More Home & Community Guidance |All Guidance | More Languages Updates as of January 5, 2022:

Extends requirement for universal masking indoors statewide December 15, 2021, through February 15, 2022.

Guidance For the Use of Masks
Background
The COVID-19 vaccines remain effective in preventing serious disease, hospitalization, and death from the SARSCoV-2 virus. Unvaccinated persons are more likely to get infected and spread the virus which is transmitted through the air and concentrates indoors. To ensure that we collectively protect the health and well-being of all Californians; keep schools open for in-person instruction; and allow California's economy to remain open and thrive, the California Department of Public Health (CDPH) is requiring masks to be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022. This requirement will be updated as CDPH continues to assess conditions on an ongoing basis.

This measure brings an added layer of mitigation as the Omicron variant, a Variant of Concern as labeled by the World Health Organization, continues to increase in prevalence across California, the United States, and the world and spreads much more easily than the original SARS-CoV-2 virus and the Delta variant.

Over the last two weeks, the statewide seven-day average case rate has increased by more than sixfold and hospitalizations have doubled. While the percentage of Californians fully vaccinated and boosted continues to increase, we continue to have areas of the state where vaccine coverage is low, putting individuals and communities at greater risk for COVID-19. Given the current hospital census, which is over capacity, the surge in cases and hospitalizations has materially impacted California's health care delivery system within many regions of the state. Staffing levels are also increasingly impacted by COVID-19 transmission in many critical sectors.

As noted in the Science Brief[1] by the Centers for Disease Control and Prevention (CDC) updated in December 2021, at least ten studies have confirmed the benefit of universal masking in community level analyses: in a unified hospital system,[2] a German city,[3] two U.S. states,[4], [5] a panel of 15 U.S. states and Washington, D.C.,[6], [7] as well as both Canada[8] and the U.S.[9], [10], [11] nationally. Each analysis demonstrated that, following directives for universal masking, new infections fell significantly. Two of these studies[12], [13] and an additional analysis of data from 200 countries that included the U.S.[14] also demonstrated reductions in mortality. Another 10-site study showed reductions in hospitalization growth rates following mask mandate implementation.[15] Implementing a universal masking requirement not only has proven to decrease the rate of infections but is able to slow community transmission. A series of cross-sectional surveys in the U.S. suggested that a 10% increase in self-reported mask wearing tripled the likelihood of slowing community transmission.[16] The masking requirement in California schools has allowed us to keep schools open when compared to other parts of the country. California accounts for roughly 12% of all U.S. students, but only 1% of COVID-19 related school closures. Nationally during the Delta surge in July and August 2021, jurisdictions without mask requirements in schools experienced larger increases in pediatric case rates, and school outbreaks were 3.5 times more likely in areas without school mask requirements.[17], [18] In workplaces, employers are subject to the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) or in some workplaces the Cal/OSHA Aerosol Transmissible Diseases (ATD) Standard and should consult those regulations for additional applicable requirements.

Masking Requirements
Masks are required for all individuals in all indoor public settings, regardless of vaccination status from December 15, 2021 through February 15, 2022 [surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are recommended].

See State Health Officer Order, issued on July 26, 2021, for a full list of high-risk congregate and other healthcare settings where surgical masks are required for unvaccinated workers, and recommendations for respirator use for unvaccinated workers in healthcare and long-term care facilities in situations or settings not covered by Cal OSHA ETS or ATD.

For additional information on types of masks, the most effective masks, and ensuring a well-fitted mask, individuals should refer to CDPH Get the Most out of Masking and see CDPH Masking Guidance Frequently Asked Questions for more information.

No person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.

Exemptions to masks requirements
The following individuals are exempt from wearing masks at all times:

Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.

Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.

Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.

Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines. [1] Science Brief: Community Use of Masks to Control the Spread of SARS-CoV-2 | CDC [2] Wang X, Ferro EG, Zhou G, Hashimoto D, Bhatt DL. Association between universal masking in a health care system and SARS-CoV-2 positivity among health care workers. JAMA. 2020;324(7):703–704. [3] Mitze T, Kosfeld R, Rode J, Wälde K. Face masks considerably reduce COVID-19 cases in Germany. Proc Natl Acad Sci U S A. 2020;117(51):32293–32301.
[4] Gallaway MS, Rigler J, Robinson S, et al. Trends in COVID-19 incidence after implementation of mitigation measures – Arizona, January 22-August 7, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(40):1460–1463. [5] Van Dyke ME, Rogers TM, Pevzner E, et al. Trends in county-level COVID-19 incidence in counties with and without a mask mandate – Kansas, June 1-August 23, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(47):1777–1781. [6] Lyu W, Wehby GL. Community use of face masks and COVID-19: evidence from a natural experiment of state mandates in the US. Health Aff (Millwood). 2020;39(8):1419–1425. [7] Hatzius J, Struyven D, Rosenberg I. Face masks and GDP. Updated June 29, 2020. Accessed July 8, 2020. [8] Karaivanov A, Lu SE, Shigeoka H, Chen C, Pamplona S. Face masks, public policies and slowing the spread of COVID-19: evidence from Canada. J Health Econ. 2021;78:102475. [9] Joo H, Miller GF, Sunshine G, et al. Decline in COVID-19 hospitalization growth rates associated with statewide mask mandates – 10 states, March-October 2020. MMWR Morb Mortal Wkly Rep. 2021;70(6):212–216. [10] Chernozhukov V, Kasahara H, Schrimpf P. Causal impact of masks, policies, behavior on early COVID-19 pandemic in the U.S. J Econom. 2021;220(1):23–62.
[11] Guy GP Jr, Lee FC, Sunshine G, et al. Association of state-issued mask mandates and allowing on-premises restaurant dining with county-level COVID-19 case and death growth rates – United States, March 1-December 31, 2020. MMWR Morb Mortal Wkly Rep. 2021;70(10):350–354.
[12] Ibid, 6.
[13] Ibid, 7.
[14] Ibid, 11.
[15] Ibid, 9.
[16] Rader B, White LF, Burns MR, et al. Mask-wearing and control of SARS-CoV-2 transmission in the USA: a crosssectional study. The Lancet Digital Health. 2021;3(3):e148–e157. [17] Jehn M, McCullough JM, Dale AP, Gue M, Eller B, Cullen T, Scott SE. Association between K–12 school mask policies and school-associated COVID-19 outbreaks — Maricopa and Pima Counties, Arizona, July–August 2021. MMWR Morb Mortal Wkly Rep. 2021; 70(39);1372–1373. [18] Budzyn SE, Panaggio MJ, Parks SE, Papazian M, Magid J, Eng M, Barrios LC. Pediatric COVID-19 cases in counties with and without school mask requirements — United States, July 1–September 4, 2021. MMWR Morb Mortal Wkly Rep. 2021; 70(39);1377–1378.

California Department of Public Health
PO Box, 997377, MS 0500, Sacramento, CA 95899-7377
Department Website (cdph.ca.gov)

RESOLUTION _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AFFIRMING ITS PROCLAMATION OF A LOCAL EMERGENCY, RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY ASSEMBLY BILL 361 ISSUED ON SEPTEMBER 16, 2021, AND AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF ALL LEGISLATIVE BODIES OF THE CITY OF PORTERVILLE FOR THE PERIOD OF THIRTY (30) DAYS PURSUANT TO BROWN ACT PROVISIONS WHEREAS, the City Council is committed to preserving and nurturing public access and participation in meetings of all City of Porterville legislative bodies; and, WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and,
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certain conditions; and, WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and, WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or humancaused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, such conditions now exist in the City, specifically, a State of Emergency has been proclaimed by the Governor of the State of California; and, WHEREAS, State and local officials continue to promote social distancing measures and City’s conference chambers limited capacity would present imminent risk to health and safety of attendees; and,
WHEREAS, the City does hereby reaffirm its proclamation of a local emergency due to the novel coronavirus (COVID-19) that has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to reaffirm its local emergency and ratify the proclamation of emergency by the Governor of the State of California; and,
WHEREAS, as a consequence of the local and state emergency, the City does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (c) of section 54953; and, WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and, WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and,
WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.

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

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and, SECTION 2. Reaffirmation of Local Emergency. The City hereby reaffirms that a local emergency now exists through the City, and that State and local officials continue to promote social distancing measures and City’s conference chambers limited capacity would present imminent risk to health and safety of attendees; and, SECTION 3. Ratification of Governor’s Proclamation of a State of Emergency.

The City hereby ratifies the Governor of the State of California’s Proclamation of March 2, 2020; and,
SECTION 4. Remote Teleconference Meetings. The City Manager and legislative bodies of City of Porterville are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 5. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of January 20, 2022, or such time the Council adopts a subsequent Resolution in accordance with Government Code section 54953 (e)(3) to extend the time during which the legislative bodies of City of Porterville may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED, AND ADOPTED this 18th day of January, 2022.

Adrian Monte Reyes, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk

Porterville City CouncilJanuary 18, 2022

Porterville City Council
January 18, 2022