Agenda packet — Porterville City Council, February 1, 2022 (part 3 of 3)

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

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

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

Accordingly, the City of Porterville plans to vary from its Adopted CPP and will instead follow the below reasonable notice and public comment procedures:
• Public notices will be published in the “Public Notices” sections of the Porterville Recorder and in Spanish in the Noticiero Semanal publications approximately 5 days before a scheduled meeting to decide on any required actions related to the City’s HUD Plans. • The Public notices will note the specific comment period and the meeting date on which the item(s) will be reviewed and action taken.
• Proposed amendments to Plans will be made available for viewing from our website:
http://www.ci.porterville.ca.us/
• Members of the public may submit comments during the five‐day comment period specified in the section above via: 1) by email to [email protected], or, 2) by calling (559) 7827460.
• Comments received may be read or received at the scheduled City Council meeting. • The virtual meetings, if held during a scheduled City Council meeting, will be streamed via the City’s YouTube channel https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA and available for participation via a Zoom link to be provided on the posted agenda. Otherwise the links to access the virtual public hearings outside a regularly scheduled City Council meeting will be available on the City’s website.

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

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

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

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

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

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

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

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

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

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

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

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

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

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

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

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

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

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

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

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

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

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

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

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

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

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

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

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

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

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

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

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

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

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

ATTACHMENT 2
CITIZENS’ ADVISORY AND HOUSING

OPPORTUNITY COMMITTEE PARTICIPATION PLAN
SCHEDULE 2022
Advisory Committee Meetings Annually or as deemed necessary by Committee
Public Hearings (2) February 22 and April 5, 2022
Publication of Draft Consolidated Plan and March 4 - April 5, 2022 1 st year Action Plan
Adoption of Consolidated Plan and Action Plan April 5, 2022 Submission of Consolidated Plan and Action Plan May 2022 (or when determined by HUD)
City Council hearings, unless otherwise specified, will be held virtually via zoon and/or in the City Hall Council Chambers at 6:30 p.m.

Citizens’ Advisory Committee meetings and/or hearings, unless specified otherwise, will be held virtually via zoom and/or in the Coleman Conference Room in City Hall at 5:30 p.m.

Page 2 of 2 ends

City of Porterville resident: Registered Voter:

Yes Yes
No □ No
Qualifications: (It is recommended that a resume or letter accompany this form.) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Please tell us why you are interested in this position. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Resume attached Letter of request attached
Submitted By: ____________________________________ ________________________ Date
Received by: ___________________________________________________________________ Forwarded to: City Clerk □ Date: __________________
City Council □ Date: __________________
Staff Liaison □ Date: __________________
Tentative Council Mtg Date: ___________________
I've been a member of this community for over 30 years and have served Porterville Unified School District as a teacher for 14. I am very interested in continuing to serve my community by participating in the C.D.B.G committee. 1/13/2022 ✔ ✔

CITY OF PORTERVILLE

REQUEST FOR APPOINTMENT

Page 1 of 2 ends

Please complete all blanks.

Name: ______________________________________________________________________ (Please Print) Appointment to: ______________________________________________________________ (Name of Board, Commission, or Committee)
□ Reappointment; or IF NEW, Please provide:

Street Address: _ _______________
_____________________________________________
Mailing Address: _________________________
_ _________________
Name of Business: _________________________________________________________ □ Own □ Operate
Business Address: _____________________________________________ _____________________________________________
Telephone: Home _ ___________
Work _________________
FAX ____________________________________
E-mail
Eriselda G Lizarraga CDBG Committee N/A

Page 2 of 2 ends

City of Porterville resident: Registered Voter:

Yes Yes
No No
Qualifications: (It is recommended that a resume or letter accompany this form.) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Please tell us why you are interested in this position. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Resume attached Letter of request attached
Submitted By: ____________________________________ ________________________ Date
Received by: ___________________________________________________________________ Forwarded to: City Clerk □ Date: __________________
City Council □ Date: __________________
Staff Liaison □ Date: __________________
Tentative Council Mtg Date: ___________________
Previous committee member for CDBG. Experience and skills and the ability to communicate with staff and the community. Focus to details commitment and dedication to case load. I enjoy being part of last committee meetings like being involved with city projects and being able to give feedback and approve or dispprove projects.12/28/2021 ✔ ✔ ✔

 Participate in interviewing panel for new hire employees train employees and develop personal growth opportunities.

Family HealthCare Network City of Porterville Ambassador August 2017-2020 Porterville, CA
 Ribbon cutting ceremonies
 Business after hours networking
 Luncheons and special events
 Attend monthly meetings
 Attend mixers
 Engagement calls
 Involve with the community business
Olive Elementary School Council Member-Chairperson August 2015-2020 Porterville, CA
 Preside at all meetings of the council
 Perform all duties incident to the office of the chairperson.  Analyze and evaluate the academic achievement of all students in the school.  Participate in all local, state and federal reviews of the school’s program for compliance and quality.  Recommend the school plan, including expenditures, timelines and evaluation criteria, as needed.

Family HealthCare Network AmeriCorps Supervisor 2014-2016 Porterville, CA
 Coordinate training and develop activities that will strengthen members' knowledge and skills as a result of their service in the AmeriCorps program.
 Coordinate AmeriCorps Day of Service projects and team building activities to enhance the member service experience.

Communicate organizational needs, oversee employees’ performance, provide guidance, support, identify development needs, and manage the reciprocal relationship between staff and the organization so that each is successful.  Evaluate the staff under my supervision and provide feedback and coaching as needed. All evaluation and feedback are reported to my manager.
 Ensure goals and deadline will be completed by all employees annually.

CITY OF PORTERVILLE

REQUEST FOR APPOINTMENT

Page 1 of 2 ends

Please complete all blanks.

Street Address: _____________________________
_ _______________________________
Mailing Address: _____________________________________________ _____________________________________________
Name of Business: _________________________________________________________ □ Own □ Operate
Business Address: _________________________
_____________________________________________
Telephone: Home _ _________________________
Work _ ________________________
FAX ____________________________________
E-mail _ ______________
Rebecca Contreras C.D.B.G. Teacher (Citrus High School)

Page 2 of 2 ends

City of Porterville resident: Registered Voter:

Yes Yes
No □ No
Qualifications: (It is recommended that a resume or letter accompany this form.) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Please tell us why you are interested in this position. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Resume attached Letter of request attached
Submitted By: ____________________________________ ________________________ Date
Received by: ___________________________________________________________________ Forwarded to: City Clerk □ Date: __________________
City Council □ Date: __________________
Staff Liaison □ Date: __________________
Tentative Council Mtg Date: ___________________
I have been a member of this community for over 30 years and have worked at Porterville Unified School District for 14. During those years, I have worked at different schools where I have seen different socio economic needs of the students and their parents. For this reason, I'd like to be apart of the C.D.B.G. committee to better serve those families, students, and parents. 1/13/2022 ✔ ✔ Rebecca Contreras
Teacher
Porterville CA 93257

EXPERIENCE
Citrus High School- Art & U.S. History
2018 - Present
● Teaching art to students who need credit recovery, particularly in electives.
● Organized and presented art work for 2 Art Walks pre pandemic which was open to community, family, students, and staff.

Music & Visual Art Team- Art Teacher
2013 - 2018
● Taught upper elementary grades as well 3rd Grade and all alternative ed schools in PUSD.
● Visited all 10 elementary schools within 1 week - approximately 4 elementary schools a day & 1 alternative ed school a week or more. ● All students had an opportunity to contribute art work to the annual art show May which was organized by Debbie Wilson and the community.

Miscellaneous
I’ve been around many community members and seen the needs of students and their families at different locations all around Porterville.

Item No. 15.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Approval of Caltrans Standard Encroachment Permit Application for Installation of Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway Signs on State Route 65
SOURCE: City Manager's Office
COMMENT: State Concurrent Resolution No. 14 was filed with the Secretary of State on July 16, 2021, which was authored by Senator Melissa Hurtado, that would designate specific portions of State Route 65 as the Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway. The designated specific portions of State Route 65 would be between postmile 16.130 and

20.880, generally the section between Teapot Dome Avenue to the south and Pioneer Avenue to the north.

Both the families of Fire Captain Figueroa and Firefighter Jones were consulted on the preferred Memorial Highway signage. In support of the Memorial Highway designation, KRC Safety Company, Inc has generously donated the cost of having the signs made and their installation as an authorized contractor, which requires the City Council's approval of Caltrans Standard Encroachment Permit Application. According to the terms of the Permit, the City would be financially responsible for the maintenance of the signs should they become damaged or in need of replacement. Caltrans has designated both southbound and northbound signage locations based upon their traffic safety assessment.

Upon approval of the Permit and production of the signs, a City dedication ceremony will be planned at a future date yet to be determined.

RECOMMENDATION: That the City Council approve the Caltrans Standard Encroachment Permit Application for the installation of Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway signs at locations designated by Caltrans on State Route 65, including the City's perpetual maintenance responsibility for the signs.

ATTACHMENTS: 1. Caltrans Standard Encroachment Permit Application

2. Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway Signage

3. State Senate Concurrent Resolution No. 14
Appropriated/Funded:

Item No. 15.

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 1 of 4 NO YES. If "YES", which branch? Nicolas Esquivel, D6 Sign Coordinator

STANDARD ENCROACHMENT PERMIT APPLICATION
TR-0100 (REV 12/2018)
Complete ALL fields, write "N/A" if not applicable. Type or print clearly.

This application is not complete until all requirements have been approved.

Permission is requested to encroach on the State Highway right-of-way as follows:

FOR CALTRANS USE
TRACKING NO.

DIST/CO/RTE/PM

SIMPLEX STAMP

1. COUNTY
Tul

2. ROUTE
65 3. POST MILE

16.1/20.9

4. ADDRESS OR STREET NAME
State Highway 65

5. CITY
Porterville

6. CROSS STREET (Distance and direction from project site) Teapot Dome Rd to Pioneer Ave

DATE OF SIMPLEX STAMP

7. WORK TO BE PERFORMED BY

APPLICANT CONTRACTOR

8. IS THIS APPLICATION FOR THE CONTRACTOR'S (DOUBLE) PERMIT? NO YES. If "YES", provide the Parent Permit Number

9. ESTIMATE START DATE
Jan 1, 2022

10. ESTIMATED COMPLETION DATE
Dec 31, 2022

11. ESTIMATED NUMBER OF WORKING DAYS WITHIN STATE HIGHWAY RIGHT-OF-WAY 2 12. ESTIMATED CONSTRUCTION COSTS WITHIN STATE HIGHWAY RIGHT-OF-WAY $10,000

13. HAS THE PROJECT BEEN REVIEWED BY ANOTHER CALTRANS BRANCH?

17. DESCRIBE WORK TO BE DONE WITHIN STATE HIGHWAY RIGHT-OF-WAY (in 20 lines or less) Attach 6 complete sets of plans (folded to 8.5" x 11") and any applicable specifications, calculations, maps, traffic control plans, etc.

Maintain two roadside signs approximately 11 ft long by 4 ft tall in the median. Signs will be mounted on wood posts within soil.

Exact locations to be determined by District 6 Sign Coordinator.

Actual installation will be performed conforming to Caltrans Standard Plans by private contractor under their own biennial permit.

Work is related to State Legislation SCR 14, Chapter 82, July 16, 2021 designating the portion of California State Highway Route 65 in the County of Tulare, between postmile 16.130 and postmile 20.880, as the Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway.
18 (a). PORTION OF STATE HIGHWAY RIGHT-OF-WAY WHERE WORK IS BEING PROPOSED (check all that apply) Traffic lane Shoulder Sidewalk Median At or near an intersection Mobile work Outside of the shoulder, > 6 feet from edge of pavement Other 18 (b). PROPOSED TRAFFIC CONTROL PLANS AND METHOD
No traffic control needed State Standard Plans (T-Sheets) # Project specific Traffic Control Plans included To be submitted by contractor ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

14. FUNDING SOURCE(S)

FEDERAL STATE LOCAL PRIVATE

15. CALTRANS PROJECT CODE (ID)
SB 1 (ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017)

16. APPLICANT'S REFERENCE / UTILITY WORK ORDER NUMBER
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 2 of 4 For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. ADA Notice

STANDARD ENCROACHMENT PERMIT APPLICATION
TR-0100 (REV 12/2018)
DOES THE PROPOSED PROJECT INVOLVE THE REPLACEMENT AND/OR ABANDONMENT OF AN EXISTING FACILITY? NO YES. If "YES", provide a description

21. IS A CITY, COUNTY OR OTHER PUBLIC AGENCY INVOLVED IN THE APPROVAL OF THIS PROJECT? YES (if "YES", check the type of project AND attach the environmental documentation and conditions of approval)

COMMERCIAL DEVELOPMENT BUILDING GRADING OTHER

CATEGORICALLY EXEMPT NEGATIVE DECLARATION ENVIRONMENTAL IMPACT REPORT OTHER NO (if "NO", check the category below which best describes the project AND answer questions A-K)

DRIVEWAY OR ROAD APPROACH, RECONSTRUCTION,

MAINTENANCE OR RESURFACING

PUBLIC UTILITY MODIFICATION, EXTENSIONS, HOOKUPS
FENCE

MAILBOX

EROSION CONTROL

LANDSCAPING
FLAGS, SIGNS, BANNERS, DECORATIONS, PARADES AND CELEBRATIONS OTHER foot access The following questions must be answered when a City, County or other public agency IS NOT involved in the approval of this project.

Your answers to these questions will assist Caltrans staff in identifying any physical, biological, social or economic resources that may be affected by your proposed project within State Highway right-of-way and to determine which type of environmental studies may be required to approve your application for an encroachment permit. It is the applicant's responsibility for the production of all required environmental documentation and supporting studies and in some cases this may be costly and time consuming. If possible, attach photographs of the location of the proposed project. Answer these questions to the best of your ability. Provide a description of any "YES" answers (type, name, number, etc.).

A. Will any existing vegetation and/or landscaping within State Highway right-of-way be disturbed? minimal disturbed possible by foot traffic
B. Are there waterways (e.g. river, creek, pond, natural pool or dry streambed) adjacent to or within the limits of the proposed project? no
C. Is the proposed project located within five miles of the coast line? no
D. Will the proposed project generate construction noise levels greater than 86 decibels (dBA) (e.g. Jack-hammering, pile driving)? no
E. Will the proposed project incorporate land from a public park, recreation area or wildlife refuge open to the public? on
F. Are there any recreational trails or paths within the limits of the proposed project? no
G. Will the proposed project impact any structures, buildings, rail lines or bridges within State Highway right-of-way? no
H. Will the proposed project impact access to any businesses or residences? no
I. Will the proposed project impact any existing public utilities or public services? no
J. Will the proposed project impact any existing pedestrian facilities, such as sidewalks, crosswalks or overcrossings? no
K. Will new lighting be constructed within or adjacent to State Highway right-of-way? no
TRACKING NO.

19. EXCAVATION
MAX. DEPTH (in)
72 MIN. DEPTH (in)
48 AVG. WIDTH (in)
12 LENGTH (ft)
9 SURFACE TYPE (e.g. Asphalt, concrete, soil, etc.)
soil

20. PIPES

PRODUCT BEING TRANSPORTED
none

CARRIER PIPE
DIAMETER (in.) MATERIAL

CASING PIPE
DIAMETER (in.) MATERIAL
PROPOSED INSTALLATION METHOD (e.g. HDD, Bore & Jack, Open Cut, etc.) VOLTAGE / PSIG STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 3 of 4

STANDARD ENCROACHMENT PERMIT APPLICATION
TR-0100 (REV 12/2018)
TRACKING NO.

For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. ADA Notice

22. Will the proposed project cause a substantial change in the significance of a historical resource (45 years or older), or cultural resource? YES NO (if "YES", provide a description)

23. Will the proposed project be on an existing State Highway or street where the activity involves removal of a scenic resource? (e.g. A significant tree or stand of trees, a rock outcropping or a historic building) YES NO (if "YES", provide a description)

24. Is work being done on the applicant's property in addition to State Highway right-of-way? YES NO (If "YES", attach 6 complete sets of site and grading plans)

25. Will the proposed project require the disturbance of soil? YES NO If "YES", estimate the area of disturbed soil within State Highway right-of-way in acres: <0.1 acre and estimate the area of disturbed soil outside State Highway right-of-way in acres: 0.0

26. Will the proposed project require dewatering? YES NO If "YES", estimate Total gallons AND gallons/month. (Total gallons) AND (gallons/month) SOURCE*: STORMWATER NON-STORMWATER
(*See Caltrans SWMP for definition of non-storm water discharge: http://www.dot.ca.gov/env/stormwater/ )

27. How will any storm water or ground water be disposed? Storm Drain System Combined Sewer / Stormwater System Stormwater Retention Basin N/A Other (explain)
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Page 4 of 4

STANDARD ENCROACHMENT PERMIT APPLICATION
TR-0100 (REV 12/2018)
TRACKING NO.

The applicant’s submission of this application to the California Department of Transportation constitutes the applicant’s agreement and representation that the work or other activity contemplated by the encroachment permit application shall comply with all applicable standards, specifications, policies, requirements, conditions, and regulations of the California Department of Transportation, and the applicant understands the application may be denied if there is non-compliance with any of the above. An exception process exists and may result in approval of a non-compliant encroachment, in the discretion of the California Department of Transportation, but the exception process may require additional time to complete. The applicant understands and agrees all work or other activity contemplated by the encroachment permit application is subject to inspection and oversight by the California Department of Transportation. The applicant understands and agrees encroachment permit fees must still be paid if an application is withdrawn or denied. The applicant understands a denial may be appealed, in accordance with California Streets and Highways Code, Section 671.5, and the related regulations found in California Code of Regulations, Title 21, Division 2, Chapter 8, Article 2.

The applicant understands and agrees that immediately upon issuance of the encroachment permit the applicant is bound by, subject to, and must comply with the "Encroachment Permit General Provisions" (TR-0045), "Stormwater Special Provisions" (TR-0400) and any other applicable Special Provisions and Conditions of the encroachment permit. The "Encroachment Permit General Provisions" (TR-0045), and the Stormwater Special Provisions (TR-0400) are available at: http://www.dot.ca.gov/trafficops/ep/docs/Appendix_K_(WEB).pdf. If a paper copy is needed of the "Encroachment Permit General Provisions" (TR-0045) and/or "Stormwater Special Provisions" (TR-0400), please contact the District Office of Encroachment Permits. Their contact information is available at: http://www.dot.ca.gov/trafficops/ep/docs/ Appendix_G_(WEB).pdf. The "Encroachment Permit General Provisions" (TR-0045) and any other applicable Special Provisions and Conditions will be provided as part of the encroachment permit. Information about Stormwater requirements is available at the Internet address:
http://www.dot.ca.gov/hq/construc/stormwater/.

The applicant understands an encroachment permit may be denied, revoked, and/or a bond may be required, for non-payment of prior or present encroachment permit fees. An encroachment permit is not a property right and does not transfer with the property to a new owner.

Each of the persons purporting to execute this application on behalf of the applicant and/or on behalf of the applicant’s authorized agent or engineer represents and warrants such person has full and complete legal authority to do so and to thereby bind applicant to the terms and conditions herein and to the terms and/or conditions of the encroachment permit. Applicant understands and agrees this application may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Executed copies of this application and/or its counterparts may be reproduced and/or exchanged by copy machine, mailing, facsimile, or electronic means (such as e-mail), and such copies shall be deemed to be effective as originals.

28. NAME OF APPLICANT (Project or Property Owner or Organization) ADDRESS OF APPLICANT (Include City, State and Zip Code)

E-MAIL ADDRESS PHONE NUMBER FAX NUMBER

29. NAME OF AUTHORIZED AGENT / ENGINEER
(A "Letter of Authorization" is required if different from #28)

IS A LETTER OF
AUTHORIZATION ATTACHED?
YES NO
ADDRESS OF AUTHORIZED AGENT / ENGINEER (Include City, State and Zip Code)

E-MAIL ADDRESS PHONE NUMBER FAX NUMBER

30. NAME OF BILLING CONTACT (Same as #28 Same as #29 )
BILLING ADDRESS WHERE INVOICE(S) IS / ARE TO BE MAILED (Include City, State and Zip Code)

E-MAIL ADDRESS PHONE NUMBER FAX NUMBER
* I hereby certify under penalty of perjury under the laws of the State of California that the information in this application and any document submitted with or in support of this application are true and correct to the best of my knowledge and belief, and that copies of any documents submitted with or in support of this application are true and correct copies of unaltered original documents. I further understand that if I have provided information that is false, intentionally incomplete, or misleading I may be charged with a crime and subjected to fine or imprisonment, or both fine and imprisonment. (Penal Code Section 72)

31. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT* 32. PRINT OR TYPE NAME

33. TITLE 34. DATE
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. ADA Notice

STANDARD ENCROACHMENT PERMIT APPLICATION
TR-0100 (REV 12/2018)

INSTRUCTIONS
Complete ALL fields, write "N/A" if not applicable. Type or print clearly. All dimensions must be in U.S. Customary (English) units.

Print your application single sided and submit all of the required attachments (See Section VII A&B of the "Encroachment Permit Application Guide Booklet" found at: http://www.dot.ca.gov/trafficops/ep/docs/EP_Application_Guide_Booklet.pdf).

1. County (e.g. Fresno, San Francisco, Los Angeles, etc.)

2. State Highway Route Number (e.g. I-5, SR-99, etc.)

3. Highway Postmile: (location of work, see https://postmile.dot.ca.gov/) If unable to determine, contact the appropriate District Encroachment Permits Office for assistance at: http://www.dot.ca.gov/trafficops/ep/ docs/Appendix_G_(WEB).pdf

4. Address of project site (if the property has a physical address with a Number and Street/Road Name)

5. City (e.g. Sacramento, Redding, Irvine, etc.)

6. Distance and the direction from the nearest cross street to the project site (e.g. 500 ft. north of "C" Street).

7. Indicate whether the work will be performed by the applicant (your own forces) or by a contractor.

8. Indicate if you are applying for a "Contractor's (Double) Permit" and provide the “Parent Permit Number”.

9. Estimated start date for the proposed work. (Allow a minimum of 60 calendar days from the submittal date of your application forprocessing)

10. Estimated completion date for the proposed work.

11. Estimated number of working days within State Highway right-of-way.

12. Estimated construction costs for all work to be done within State Highway right-of-way.

13. Has another Caltrans' branch seen or reviewed your project? Which branch? (e.g. Design, Project Management, Right-of-Way, Environmental, etc.)

14. Identify funding source(s) for the proposed work.

15. Caltrans’ Project Code (ID) if this is a State project, capital project, or joint venture project.

16. Your company’s reference number or utility work order number for this project.

17. Describe the proposed work to be done entirely. If applicable, attach six (6) complete sets of FOLDED plans (folded 8-½” X 11”) and any applicable specifications, calculations, maps, etc.

18. (a) Identify portion(s) of State right-of-way where work will occur and (b) proposed traffic control plans to be used if any.

19. Maximum and minimum depth, average width, and length of the excavation area. Existing surface type (e.g. Asphalt, concrete, soil, etc.)

20. Product being transported (e.g. water, natural gas, etc.) Carrier pipe, diameter (inches) and material (e.g. Steel, HDPE, etc.) Casing pipe (if any), diameter and material Proposed installation method, Voltage of electrical current or pressure of liquid or gas.

Replacement and/or abandonment of an existing facility (e.g. Abandoning pipe and filling it with two-sack slurry cement)

21. Check “YES”, if you are getting a permit or approval from another agency (City, County, etc.), and an environmental determination has been made.

Then check the Categorically Exempt, Negative Declaration, Environmental Impact Report box or Other if one has been prepared.

Attach a copy of the approved document and a copy of the Notice of Determination. Skip questions A-K.

If you checked “NO”, check the box of the appropriate type of work to be done,or check “other” and fill in the type of work to be done. Also answer questions A-K.

22. A Historical Resource includes, but is not limited to, any object, building, structure, site, area, place, record, or manuscript that has historical or archaeological significance, or significance in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.

23. In this context a Scenic Resource includes, but is not limited to, trees that display outstanding features of form or age; unique, massive rock formations; historic buildings that are rare examples of their period, style, design, or which have special architectural features and details of importance.

24. Is there any work being done on the applicant’s property?

25. Indicate if the proposed project will require the disturbance of soil. If “YES,” estimate the area within AND outside of State Highway right-of-way in acres.

26. Indicate if the proposed project will require dewatering. If “YES,” estimate volume in total gallons AND gallons per month. Also indicate the source: Stormwater or Non-Stormwater (see Caltrans Stormwater Management Plan for definitions of non-stormwater discharge at:
http://www.dot.ca.gov/hq/env/stormwater).

27. Indicate how any stormwater or ground water will be disposed of from or near the limits of the proposed project.

28. Name of the applicant or organization applying for the permit. List the mailing address, e-mail address, phone and fax numbers.

29. Name of the authorized agent or engineer acting on behalf of the applicant or organization. Attach a letter of authorization signed by the applicant or organization. List the mailing address, e-mail address, phone and fax numbers.

30. Name of the billing contact. List the mailing address where invoices are to be mailed, email address, phone and fax numbers.

31. Signature of the applicant or applicant's authorized agent.

32. Name of the applicant or applicant's authorized agent.

33. Title (owner, president, etc.) of the applicant or applicant's authorized agent.

34. Date of the signature.

Senate Concurrent Resolution No. 14
CHAPTER 82
Relative to the Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway.
[ Filed with Secretary of State July 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
SCR 14, Hurtado. Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway.

This measure would designate a specified portion of State Route 65 in the County of Tulare as the Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.

Fiscal Committee: yes
WHEREAS, Ramon “Ray” Figueroa, Captain for the Porterville City Fire Department, was born January 3, 1985, and received his last alarm on February 18, 2020, at the young age of 35; and WHEREAS, Ray Figueroa was born and raised in Delano, where he graduated from Delano High School in 2003, and later attended Porterville College, at which he completed the Fire Academy and graduated in 2006; and
WHEREAS, Ray Figueroa began his firefighting career by volunteering with the Lindsay Fire Department in 2005 until he was hired by the Porterville City Fire Department as a Firefighter in 2007; and
WHEREAS, After many years of hard work and training, Firefighter Ray Figueroa was promoted to the rank of Fire Engineer in 2016, and was promoted to Fire Captain from Lieutenant and assigned to Station 71 in 2018; and
WHEREAS, Fire Captain Ray Figueroa was part of the arson investigation unit and was committed to providing prompt, quality service to the Porterville Community; and WHEREAS, Fire Captain Ray Figueroa was known for the love of his job and mentoring his crew, and it was common to hear him say, “My men, the mission, then me”; and WHEREAS, Ray was a devoted and loving father to his two children, and he enjoyed many outdoor adventures, offering his handyman skills to others, spending time with his family, and creating many lifelong friendships; and
WHEREAS, Ray Figueroa was a lifelong learner and strived to leave a legacy of hard work and determination; and
WHEREAS, Patrick Jones, Firefighter for the Porterville City Fire Department, was born on March 16, 1994, and received his last alarm on February 18, 2020, at the young age of 25; and WHEREAS, Patrick Jones was raised in Visalia, California, where he attended Grace Christian Elementary and La Joya Middle School, before graduating from El Diamante High School; and WHEREAS, Patrick later attended Porterville College, at which he completed the Fire Academy and worked closer to his dream of becoming a full-time firefighter; and WHEREAS, Patrick Jones began his firefighting career in 2014 as a Reserve Firefighter for the City of Porterville, and was hired as a full-time firefighter in 2017; and WHEREAS, Patrick was relentless when it came to firefighting, and he attended numerous trainings and received several certifications following his acceptance of a position with the Porterville City Fire Department; and
WHEREAS, Firefighter Patrick Jones wanted to be the best he possibly could be to support his brothers—he never wanted to let them down; and
WHEREAS, In addition to being a dedicated firefighter, Patrick Jones was a loving son, a protective little brother, a doting fiancé, and a loyal friend; and WHEREAS, Patrick was known for his infectious positive attitude, work ethic, and dedication to serving the community; now, therefore, be it
Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature hereby designates the portion of California State Highway Route 65 in the County of Tulare, between postmile 16.130 and postmile 20.880, as the Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway; and be it further Resolved, That the Department of Transportation is requested to determine the cost of appropriate signs consistent with the signing requirements for the state highway system showing this special designation and, upon receiving donations from nonstate sources sufficient to cover the cost of the signs for which the donations were made, to erect those signs; and be it further Resolved, That the Secretary of the Senate transmit copies of this resolution to the Director of Transportation and to the author for appropriate distribution.

Item No. 16.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial status reports to be provided to City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommendation change in submittal of the interim financial status reports and established requirements and parameters in the presentation of the reports.

In accordance with Council Minute Order No. 10-011607, the financial status reports for the quarter ending December 31, 2021, are submitted.

RECOMMENDATION: That the City Council accept the Financial Status Reports as presented.

ATTACHMENTS: 1. Quarterly Financial Status Reports as of December 31, 2021 Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Item No. 17.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Quarterly Investment Portfolio Summary
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of December 31, 2021, and is in compliance with California Government Code Section 27000, etc., Section 53600, etc., and the City of Porterville's Statement of Investment Policy. Investments are selected based on the statutory objectives of safety, liquidity and yield.

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

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

ATTACHMENTS: 1. Investment Portfolio Summary - December 31, 2021 Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF DECEMBER 31, 2021

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1006 LOCAL AGENCY INVESTMENT FUND $ 40,607,129 $ 40,607,129 0.230% DAILY DAILY 1 1007 CSJVRMA INVESTMENT FUND 7,202,232 7,409,554 1.260% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 9,605,395 9,605,395 1.170% DAILY DAILY 30 824,240 824,240 4.000% 1/15/2015 7/15/2037 5,675
CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 6,178 3130AKXB7 FEDERAL HOME LOAN BANKS 1,975,000 1,947,300 0.580% 3/18/2021 2/11/2026 1,503 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 964,577 1.000% 3/23/2021 3/23/2026 1,543 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 991,980 1.050% 3/25/2021 3/25/2026 1,545 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 990,550 0.750% 3/30/2021 3/30/2026 1,550 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 990,270 1.000% 4/29/2021 4/29/2026 1,580 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,987,320 1.040% 9/21/2021 9/21/2026 1,725 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 987,820 1.125% 9/29/2021 9/29/2026 1,733 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 991,840 1.100% 9/30/2021 9/30/2026 1,734 3130APG82 FEDERAL HOME LOAN BANKS 995,000 988,680 0.700% 10/28/2021 10/2/2026 1,736 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 989,920 1.000% 8/26/2021 8/26/2026 1,699 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 989,450 1.100% 9/28/2021 9/28/2026 1,732 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 995,160 1.250% 10/26/2021 10/26/2026 1,760 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,501,110 1.600% 12/30/2021 12/30/2026 1,825 3130APDQ5 FEDERAL HOMELOAN BANKS 1,000,000 993,910 1.250% 10/28/2021 10/28/2026 1,762 3130APTJ4 FEDERAL HOMELOAN BANKS 1,000,000 994,330 1.250% 11/24/2021 11/24/2026 1,789 3130APU37 FEDERAL HOMELOAN BANKS 1,000,000 998,490 1.300% 11/24/2021 11/24/2026 1,789 3130AQ5Q2 FEDERAL HOMELOAN BANKS 2,000,000 2,001,320 1.500% 12/30/2021 12/30/2026 1,825 89236TEC5 TOYOTA MOTOR CRD CORP 1,000,000 1,011,200 2.150% 9/8/2017 9/8/2022 251 037833DE7 APPLE INC NOTE 1,000,000 1,019,170 2.400% 1/16/2018 1/13/2023 378 084670BR8 BERKSHIRE HATHAWAY 1,000,000 1,021,100 2.750% 4/23/2018 3/15/2023 439 06406RAG2 BANK NEW YORK MELLON CORP MTN 1,000,000 1,035,600 3.500% 10/16/2018 4/28/2023 483 90331HNV1 US BANK ASSN MTN 1,000,000 1,039,860 3.400% 11/15/2018 7/24/2023 570 06747PML0 BARCLAYS BANK 1,000,000 1,001,910 3.000% 3/17/2020 10/17/2023 655 13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 995,220 2.500% 4/28/2020 4/10/2025 1,196 17298CK64 CITIGROUP INC 1,000,000 960,820 1.000% 8/28/2020 8/28/2025 1,336 89114TK84 TORONTO DOMINION BANK 2,000,000 1,959,052 1.050% 6/16/2021 3/16/2026 1,536 06368EWM0 BANK OF MONTREAL 2,000,000 1,966,642 1.220% 3/17/2021 3/17/2026 1,537 17290A3E8 CITIGROUP INC 1,000,000 988,040 1.250% 7/1/2021 7/1/2026 1,643 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 982,980 1.400% 9/30/2021 9/30/2026 1,734 58733ADT3 CERTIFICATE OF DEPOSIT 240,000 240,334 2.100% 1/27/2017 1/27/2022 27 38148PGX9 CERTIFICATE OF DEPOSIT 245,000 245,933 2.300% 3/8/2017 3/8/2022 67 857894SK6 CERTIFICATE OF DEPOSIT 249,000 249,162 2.050% 1/13/2017 1/13/2022 13 71270QQJ8 CERTIFICATE OF DEPOSIT 246,000 246,221 2.050% 1/18/2017 1/18/2022 18 8562845Z3 CERTIFICATE OF DEPOSIT 246,000 246,374 2.350% 1/26/2017 1/26/2022 26 33767A2G5 CERTIFICATE OF DEPOSIT 249,000 250,394 2.100% 4/19/2017 4/19/2022 109 55266CVB9 CERTIFICATE OF DEPOSIT 249,000 250,387 1.950% 4/28/2017 4/28/2022 118 67054NAK9 CERTIFICATE OF DEPOSIT 249,000 251,423 2.300% 6/21/2017 6/21/2022 172 9819962K6 CERTIFICATE OF DEPOSIT 200,000 201,148 2.400% 4/19/2017 4/19/2022 109 795450D36 CERTIFICATE OF DEPOSIT 240,000 243,223 2.350% 8/23/2017 8/23/2022 235 06740KKD8 CERTIFICATE OF DEPOSIT 247,000 249,556 2.200% 7/12/2017 7/12/2022 193 33715LAP5 CERTIFICATE OF DEPOSIT 249,000 252,608 2.250% 9/28/2017 9/28/2022 271 62384RAB2 CERTIFICATE OF DEPOSIT 249,000 252,879 2.300% 10/12/2017 10/12/2022 285 01748DAY2 CERTIFICATE OF DEPOSIT 249,000 252,932 2.200% 11/3/2017 11/3/2022 307 61747MF63 CERTIFICATE OF DEPOSIT 246,000 251,776 2.650% 1/11/2018 1/11/2023 376 22239MAR9 CERTIFICATE OF DEPOSIT 249,000 254,998 2.600% 2/2/2018 2/2/2023 398 366526AR2 CERTIFICATE OF DEPOSIT 249,000 255,320 2.650% 2/16/2018 2/16/2023 412 819866AE4 CERTIFICATE OF DEPOSIT 249,000 256,027 2.800% 3/5/2018 3/6/2023 430 319141KL0 CERTIFICATE OF DEPOSIT 245,000 254,342 3.150% 6/6/2018 6/6/2023 522 74934YAH4 CERTIFICATE OF DEPOSIT 245,000 254,545 3.150% 6/20/2018 6/20/2023 536 17312QJ26 CERTIFICATE OF DEPOSIT 246,000 253,727 2.900% 4/11/2018 4/11/2023 466 25665QAX3 CERTIFICATE OF DEPOSIT 246,000 253,754 2.900% 4/13/2018 4/13/2023 468 91435LAG2 CERTIFICATE OF DEPOSIT 249,000 257,822 3.050% 5/14/2018 5/15/2023 500 080515CQ0 CERTIFICATE OF DEPOSIT 246,000 254,721 3.050% 5/16/2018 5/16/2023 501 90348JCW8 CERTIFICATE OF DEPOSIT 249,000 258,953 3.250% 6/13/2018 6/13/2023 529 74160NGF1 CERTIFICATE OF DEPOSIT 249,000 258,913 3.200% 6/22/2018 6/22/2023 538 45581EAX9 CERTIFICATE OF DEPOSIT 249,000 259,428 3.300% 6/30/2018 6/30/2023 546 31911QFK6 CERTIFICATE OF DEPOSIT 249,000 259,645 3.200% 8/10/2018 8/10/2023 587

TULARE COUNTY JUNIOR LIVESTOCK SHOW

AND COMMUNITY FAIR

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
499724AD4 CERTIFICATE OF DEPOSIT 249,000 260,148 3.250% 8/30/2018 8/30/2023 607 64017AAH7 CERTIFICATE OF DEPOSIT 245,000 256,422 3.300% 9/19/2018 9/19/2023 627 92891CBK7 CERTIFICATE OF DEPOSIT 249,000 261,288 3.350% 10/16/2018 10/16/2023 654 474067AQ8 CERTIFICATE OF DEPOSIT 249,000 261,298 3.350% 10/19/2018 10/19/2023 657 59452WAE8 CERTIFICATE OF DEPOSIT 249,000 262,072 3.450% 11/9/2018 11/9/2023 678 61760ASL4 CERTIFICATE OF DEPOSIT 245,000 258,536 3.550% 11/26/2018 11/24/2023 693 635573AL2 CERTIFICATE OF DEPOSIT 245,000 258,259 3.400% 12/26/2018 12/21/2023 720 15118RRHS CERTIFICATE OF DEPOSIT 249,000 255,798 1.850% 8/30/2019 8/30/2024 973 938828BM1 CERTIFICATE OF DEPOSIT 249,000 256,781 2.000% 8/30/2019 8/30/2024 973 949495BC8 CERTIFICATE OF DEPOSIT 250,000 253,850 1.750% 2/21/2020 2/21/2023 417 05465DAK4 CERTIFICATE OF DEPOSIT 249,000 254,204 1.650% 3/26/2020 3/26/2024 816 87165FE42 CERTIFICATE OF DEPOSIT 249,000 246,774 1.100% 11/12/2021 11/12/2026 1,777 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 248,373 1.250% 12/8/2021 12/8/2026 1,803 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 248,368 1.250% 12/9/2021 12/9/2026 1,804 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 4/24/2018 4/24/2023 479 1248 CERTIFICATE OF DEPOSIT 250,000 250,000 1.100% 5/8/2020 5/8/2022 128 1281 CERTIFICATE OF DEPOSIT 250,000 250,000 2.800% 5/14/2018 5/14/2023 499 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 3.000% 6/21/2018 6/21/2023 537 1283 CERTIFICATE OF DEPOSIT 250,000 250,000 1.591% 5/12/2020 5/12/2023 497 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 2.650% 4/29/2018 4/29/2023 484 1286 CERTIFICATE OF DEPOSIT 250,000 250,000 3.100% 6/25/2018 6/25/2023 541 1303 CERTIFICATE OF DEPOSIT 250,000 250,000 1.100% 4/16/2021 4/16/2024 837 1308 CERTIFICATE OF DEPOSIT 266,608 266,608 2.000% 1/20/2017 1/20/2022 20 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 2.150% 2/14/2017 2/14/2022 45 1310 CERTIFICATE OF DEPOSIT 249,000 249,000 2.100% 5/1/2017 5/2/2022 122 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 2.110% 6/23/2017 6/23/2022 174 1312 CERTIFICATE OF DEPOSIT 249,000 249,000 2.500% 7/26/2017 7/26/2022 207 1313 CERTIFICATE OF DEPOSIT 249,000 249,000 2.230% 7/11/2017 7/11/2022 192 1314 CERTIFICATE OF DEPOSIT 249,000 249,000 2.500% 7/21/2017 7/21/2022 202 1315 CERTIFICATE OF DEPOSIT 249,000 249,000 2.350% 9/22/2017 9/22/2022 265 1316 CERTIFICATE OF DEPOSIT 250,083 250,083 2.600% 10/6/2017 10/6/2022 279 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 2.428% 11/16/2017 11/16/2022 320 1318 CERTIFICATE OF DEPOSIT 249,000 249,000 2.500% 3/22/2018 3/22/2023 446 1319 CERTIFICATE OF DEPOSIT 250,000 250,000 0.500% 8/3/2021 5/3/2022 123 1320 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 9/12/2018 9/12/2023 620 1321 CERTIFICATE OF DEPOSIT 249,000 249,000 1.540% 5/16/2020 5/16/2022 136 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 3.350% 1/11/2019 1/11/2024 741 1326 CERTIFICATE OF DEPOSIT 267,054 267,054 3.500% 1/29/2019 1/29/2024 759 1327 CERTIFICATE OF DEPOSIT 245,000 245,000 3.500% 2/28/2019 2/28/2024 789 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 3/22/2019 3/22/2024 812 1329 CERTIFICATE OF DEPOSIT 249,000 249,000 3.210% 4/9/2019 10/9/2023 647 1330 CERTIFICATE OF DEPOSIT 248,960 248,960 3.200% 5/24/2019 5/24/2024 875 1331 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 5/7/2019 5/7/2024 858 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 6/4/2019 6/4/2024 886 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 3.050% 7/31/2019 7/31/2024 943 1335 CERTIFICATE OF DEPOSIT 249,000 249,000 2.810% 9/11/2019 9/11/2024 985 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 2.800% 9/17/2019 9/17/2024 991 1337 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 11/1/2019 11/1/2024 1,036 1338 CERTIFICATE OF DEPOSIT 262,892 259,343 2.720% 10/15/2019 10/15/2024 1,019 1339 CERTIFICATE OF DEPOSIT 257,618 257,618 2.250% 12/26/2019 12/26/2024 1,091 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 2.400% 12/5/2019 12/5/2024 1,070 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/8/2020 1/8/2025 1,104 1342 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/17/2020 1/17/2025 1,113 1343 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/24/2020 1/24/2025 1,120 1344 CERTIFICATE OF DEPOSIT 249,000 249,000 1.100% 11/18/2020 11/18/2023 687 TOTALS $ 116,084,722 $ 116,379,832

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

ONE YEAR HISTORY CURRENT PORTFOLIO DAYS TO
12/31/2020 3/31/2021 6/30/2021 9/30/2021 12/31/2021 HOLDINGS MATURITY

1.531% 1.408% 1.172% 1.208% 1.222% 49.459% 720
Comments:

Portfolio holdings as of December 31, 2021, are in compliance with the current Investment Policy. With 49.459% of the portfolio being held in liquid instruments, the cash needs of the City will be met. The next portfolio report will be calculated for the first calendar quarter ending March 31, 2022, and will be presented during the May 3, 2022 Council meeting.

Item No. 18.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Status and Review of Local Emergency: Drought
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of January 18, 2022, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

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

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

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

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

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

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

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

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

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners have continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously Item No. 18.
connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed

1.5 gallons per minute per residence, the new well could effectively serve up to 500 single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes.

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

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

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

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the State- Item No. 18.
funded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, 23 of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible 800 residences in East Porterville to the City's water system.

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

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

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

Staff is coordinating with State staff on addressing these new isolated needs.

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the 41 connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system.

For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30th, the City Council directed staff Item No. 18.
to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately 45 people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the 31 residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

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

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Item No. 18.

Emergency: May 5, 2015

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

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

4. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

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

6. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

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

United States Department of Agriculture
Office of the Secretary
Washington, D.C. 20250
An Equal Opportunity Employer
March 5, 2021
The Honorable Gavin Newsom
Governor
State of California
Sacramento, California 95814
Dear Governor Newsom:

In accordance with 7 CFR 759.5(a), I am designating 50 California counties as primary natural disaster areas due to a recent drought.

According to the U.S. Drought Monitor (see http://droughtmonitor.unl.edu/), these counties suffered from a drought intensity value during the growing season of 1) D2 Drought-Severe for 8 or more consecutive weeks or 2) D3 Drought-Extreme or D4 Drought-Exceptional.

In accordance with section 321(a) of the Consolidated Farm and Rural Development Act, additional areas of your state and adjacent states are named as contiguous disaster counties. Enclosed you will find documentation that provides a detailed list of all primary and contiguous counties impacted by this disaster.

A Secretarial disaster designation makes farm operators in primary counties and those counties contiguous to such primary counties eligible to be considered for certain assistance from the Farm Service Agency (FSA), provided eligibility requirements are met. This assistance includes FSA emergency loans. Farmers in eligible counties have 8 months from the date of a Secretarial disaster declaration to apply for emergency loans. FSA considers each emergency loan application on its own merits, taking into account the extent of production losses on the farm and the security and repayment ability of the operator.

Local FSA offices can provide affected farmers with further information.

Sincerely,
Thomas J. Vilsack
Secretary
Enclosure
Disaster Designation Areas for California and Contiguous States Primary Counties:

California (50)
Alameda Glenn Marin Riverside Solano
Alpine Humboldt Mariposa Sacramento Sonoma
Amador Imperial Mendocino San Bernardino Stanislaus
Butte Inyo Merced San Francisco Sutter
Calaveras Kern Modoc San Joaquin Tehama
Colusa Kings Mono San Mateo Trinity
Contra Costa Lake Napa Santa Clara Tulare
Del Norte Lassen Nevada Shasta Tuolumne
El Dorado Los Angeles Placer Sierra Yolo
Fresno Madera Plumas Siskiyou Yuba
Contiguous Counties:

California (8)
Monterey San Benito San Luis Obispo Santa Cruz
Orange San Diego Santa Barbara Ventura
In addition, in accordance with section 321(a) of the Consolidated Farm and Rural Development Act, counties in adjacent states are named as contiguous disaster areas. Those states, counties, and numbers are:

Contiguous Counties in Adjacent States:

Arizona (3)
La Paz Mohave Yuma
Nevada (8)
Clark Esmeralda Mineral Washoe
Douglas Lyon Nye Carson City
Oregon (5)
Curry Josephine Lake
Jackson Klamath

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

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

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

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

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

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

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THEREFORE BE IT RESOLVED THAT:

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

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

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

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

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

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

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

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

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

Authority: Section 1058.5, Water Code.

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

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

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

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

Page 2 of 24 ends

3pg18xi20

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

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

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

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

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

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

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

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

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

Page 3 of 24 ends

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

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

Page 5 of 24 ends

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

Page 6 of 24 ends

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

Page 7 of 24 ends

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

Page 8 of 24 ends

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

Page 9 of 24 ends

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

Page 10 of 24 ends

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

Page 11 of 24 ends

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

Page 12 of 24 ends

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

Page 13 of 24 ends

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Page 14 of 24 ends

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

Page 15 of 24 ends

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

Page 16 of 24 ends

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

Page 21 of 24 ends

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

Page 23 of 24 ends

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

Page 24 of 24 ends

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. 19.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Consideration of Revised City Council District Electoral Boundaries as Required by Elections Code Section 21621 - Public Hearing No. 3
SOURCE: Administrative Services
COMMENT: As the City Council is aware, every 10 years, following the decennial census, cities with by-district 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. The 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 City 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); and

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; and

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:
• At least one hearing must occur before the city or county 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; and • City staff or consultants may hold a public workshop instead of one of the required Item No. 19.
public redistricting 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 be begin at a pre-designated time • Local public redistricting hearings must be made accessible with people with disabilities
Determining population balance is typically done by measuring the spread, or deviation, between the least populated district and the greatest populated district.

Deviations of 10% or less are generally considered acceptable under U.S. Supreme Court rulings on equal protection. The City’s population is 62,889. The ideal population of a Council district is one-sixth of that population, or 12,577. Analysis of the City’s current district boundaries, adjusted for the 2020 Census data, shows the districts are no longer population balanced. District 2 is underpopulated by -7.38% and District 4 is overpopulated at 7.33% for a combined total deviation of 14.71%. The district boundaries must be adjusted to achieve a population balance of 10% or less.

Another consideration in the drawing of district boundaries is the distribution of minority voters throughout the City and whether there is a possibility of creating a majority/minority voting district as required under the federal Voting Rights Act. It is important that the analysis of the 2020 Census Data reviews the ethnicity demographics, specifically voting age populations (VAP) and Citizen Voting Age Populations (CVAP). Upon review of the City’s VAP and CVAP data, Districts 1, 2, 3 and 5 are currently majority/minority Hispanic voting districts. Upon rebalancing the populations, care will be taken to preserve those demographic characteristics.

Maps
The map and accompanying demographic information of the City’s current districts is attached to this report (Attachment 1). The current district boundary map is highlighted below:
(Current Map)
Item No. 19.

At the previous public hearings, the Council provided direction to begin with a simple population rebalance of the existing districts. As such, the City’s Redistricting consultant has prepared one draft map option for Council’s consideration. The map is summarized below and accompanying demographic information may be found attached to this report (Attachment 2). Further, an online tool for closely examining the boundaries, with zoom and search capabilities, may be found here:
https://www.google.com/maps/d/u/0/viewer?mid=1mF9cYGUZEJvE60Mp7EckAeyB SGinng1V&ll=36.06205725584383%2C-119.03101849999999&z=13 Map Option No. 1
Item No. 19.

Map Option 01 above closely resembles the Council’s current district boundaries, particularly with respect to geography and the core of the existing districts. In fact, by moving just four small population centers, the map was able to achieve a deviation of just .86% (less than 1 percent). The populations moved were in the south, where Districts 3 and 5 meet, in the center of the City just east of Sierra View medical center, and in the center of the City where Districts 2 and 5 meet, just north of Henderson Avenue between Indiana Avenue and N. Jaye Street. As stated above, the map is population balanced at just .86% deviation, and preserves Districts 1, 2, 3 and 5 as majority/minority Hispanic voting districts. A complete demographic breakdown of Map Option 1 is attached to this report (Attachment 2).

In addition to the one consultant-drawn map, one map has been received from a member of the public using the online mapping tool. That map was not received in time for full analysis prior to agenda publication; however, it will be presented at the meeting for Council’s consideration.

The purpose of this public hearing is to review the initial draft maps prepared by the City’s consultant, inform the public about the districting process, and to hear from the community on factors to be taken into consideration for district boundaries. The public is requested to provide input regarding communities of interest and other local factors that should be considered for 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:

Item No. 19.

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.

Next Steps
Following this public hearing, the City’s redistricting consultant will make any requested revisions to Map Option 1, or create additional maps, if desired, for review at the fourth Public Hearing, scheduled for February 15, 2022. In addition, any further publicly submitted maps will be brought forward for Council’s review at the fourth public hearing. The Council may also select Map Option 1 as a preferred map and in that event, staff will return at the fourth Public Hearing with a draft Ordinance for introduction, finalizing the adoption of the map.

RECOMMENDATION: That the City Council:

1. Receive the report from staff and the City’s redistricting consultant on the redistricting process, and review a draft map to readjust Council Member electoral district boundaries; and

2. Conduct public hearing no. 3 to receive public input on district boundaries.

ATTACHMENTS: 1. Attachment 1 - Existing Districts with Demographic Analysis-c1

2. Attachment 2 - Proposed Map Option 1 with Demographic Analysis-c1 Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
District
Total_Pop
ulation
Raw
Deviation
%
Deviation Latino
CVAP*19
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 12,739 161.2 1.28% 8,543 6,699 2,377 95 3,437 3,245 59 513 17 22 2 11,650 -927.8 -7.38% 7,860 6,905 2,597 85 3,608 3,269 27 297 6 30 3 13,285 707.2 5.62% 10,079 6,437 2,112 12 3,807 2,625 74 288 12 6 4 13,500 922.2 7.33% 8,115 8,094 3,828 33 3,448 4,704 75 581 - 35 5 11,715 -862.8 -6.86% 9,126 5,873 2,397 62 3,208 2,636 50 31 - 14 Total Pop 62889
Ideal District 12577.8
Deviation 14.71%
*CVAP = Citizen Voting Age Population
**NL = Non Latino
***AIAN = American Indian Alaskan Native
Attachment 1 – Existing District Map with Demographic
Analysis
District
Total
Population
Raw
Deviation
%
Deviation Latino
CVAP19*
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 12,647 69 0.55% 8,480 6,637 2,360 95 3,404 3,214 59 503 17 22 2 12,601 23 0.18% 8,504 7,421 2,789 85 3,853 3,544 27 363 6 35 3 12,539 -39 -0.31% 9,576 5,987 1,978 7 3,538 2,419 72 259 - - 4 12,549 -29 -0.23% 7,471 7,578 3,636 33 3,203 4,429 75 515 - 30 5 12,553 -25 -0.20% 9,692 6,385 2,548 67 3,510 2,873 52 70 12 20 Total 62,889
Ideal 12,578
Total Deviation 0.86%
*CVAP = Citizen Voting Age Population
**NL = Non Latino
***AIAN = American Indian Alaskan Native
Attachment 2 – Map Option 1 with Demographic Analysis
Item No. 20.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Consideration of City Fireworks Ordinance
SOURCE: Fire
COMMENT: At its meeting on January 18, 2022, the City Council approved Mayor Reyes’ request to consider and review the City’s Fireworks Ordinance for potential amendments.

As the Council is aware, in Spring 2021, the Council authorized various amendments to the Ordinance, including:
• A prohibition on the use of certain fireworks commonly marketed under the name "Piccolo Pete" and "Whistling Phantom", which emit loud shrill sounds.

These particular fireworks are also known to be manipulated after the sale to create explosive devices.
• The addition of a violations clause of the current fireworks Ordinance to include differentiation between prohibited legal and illegal fireworks, as well as higher fees for violations, and also to create increasingly higher fines for repeat offenders.
• The addition of a "Host" component, which will aid in the enforcement activities where it might otherwise be difficult to discern who within a given party has actually ignited an illegal firework; the property owner could then be held liable regardless of who ignites the illegal firework. • The addition of a rewards program that would further enhance staff's ability to locate and cite those who choose not to comply with the City's fireworks regulations. Rewards of $50 per complaint can be awarded if the tip results in a citation.

The Fireworks Ordinance is herein presented for Council's consideration. Also provided for the Council's reference is a five-year citations collection report, as well as a comprehensive enforcement report dated July 2021.

RECOMMENDATION: That the City Council consider the City's Fireworks Ordinance and provide direction as determined.

ATTACHMENTS: 1. Ordinance No. 1882

2. 5-Year Fireworks Citation Collections
Item No. 20.

3. 2021 Fireworks Enforcement Report
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager

Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 1276 S Jennifer Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2035 Pisani $1,500 NO COLLECTIONS 2017 Paid/payment plan Unpaid/failed PP/collections Percentage paid 1251 W Nancy Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2048 Figueroa $1,500 UNK 17 6 11 35.29% 1121 S Leggett Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2053 Dignam $1,500 NO COLLECTIONS $25,500.00 $9,000.00 $16,500.00 1226 N Belmont Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2105 Clark $1,500 YES THRU PP 1277 W Wall Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2106 Pisani $1,500 NO COLLECTIONS 1122 W Cheryll Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2114 Dignam $1,500 YES THRU PP 1227 N Verdugo Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2120 Clark $1,500 NO COLLECTIONS 1252 W Pioneer Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2122 Figueroa $1,500 YES THRU PP 1253 N Salisbury Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2135 Figueroa $1,500 NO COLLECTIONS 1228 N Colby Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2142 Clark $1,500 UNK 1229 N Ellis Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2207 Clark $1,500 YES THRU PP 1278 W Westfield Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2208 Pisani $1,500 NO COLLECTIONS 1123 W Putnam Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2217 Dignam $1,500 UNK 1279 N Lowery Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2225 Pisani $1,500 NO COLLECTIONS 1376 W Olive Fireworks 12-2.10.B, 12-2.20 M.C. 11/2/2017 1630 Clark $1,500 YES THRU PP 1377 W Olive Fireworks 12-2.10.B, 12-2.20 M.C. 11/14/2017 1630 Clark $1,500 NO COLLECTIONS 1378 W Olive Fireworks 12-2.10.B, 12-2.20 M.C. 11/14/2017 1630 Clark $1,500 YES Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 1151 N Howland Fireworks 12-2.10.B, 12-2.20 M.C. 1/4/2018 1320 Clark $1,500 YES 10/15/18 2018 Paid/payment plan Unpaid/failed PP/collections Percentage paid 1567 N Prospect Fireworks 12-2.10.B, 12-2.20 M.C. 7/2/2018 1545 Dignam $1,500 NO COLLECTIONS 27 15 12 55.56% 1431 N Third Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2042 Dignam $1,500 YES 6/25/19 $40,500.00 $22,500.00 $18,000.00 1600 N San Carlos Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2050 Figueroa $1,500 YES 2/25/20 1458 E Date Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2103 Mariscal $1,500 NO FAILED PP 1432 E Belleview Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2105 Dignam $1,500 YES 10/30/19 1601 W Sandra Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2105 Figueroa $1,500 NO COLLECTIONS 1478 W Phillips Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2115 Garcia $1,500 NO COLLECTIONS 1433 N South Pl Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2123 Dignam $1,500 NO COLLECTIONS 1434 N South Pl Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2125 Dignam $1,500 NO COLLECTIONS 1435 N South Pl Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2127 Dignam $1,500 NO COLLECTIONS 1459 E Morton Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2128 Mariscal $1,500 YES 8/27/19 THRU PP 1602 W Yates Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2140 Figueroa $1,500 YES 7/23/18 1436 N Sierra Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2146 Dignam $1,500 YES 8/1/19 1603 W Memory Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2155 Figueroa $1,500 YES 7/9/18 1437 E Dixie Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2205 Dignam $1,500 YES 5/28/19 1438 E Oak Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2212 Dignam $1,500 YES 4/15/19 THRU PP 1460 E Vandalia Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2214 Mariscal $1,500 YES 7/13/18 1439 Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2224 Dignam $1,500 NO COLLECTIONS 1461 S Camellia Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2241 Mariscal $1,500 YES 1/1/19 1604 W Belleview Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2245 Figueroa $1,500 YES 10/1/20 THRU PP 1462 S A Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2309 Mariscal $1,500 NO COLLECTIONS 1479 Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2325 Garcia $1,500 YES 1/22/19THRU PP 1605 N Greenfield Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2335 Figueroa $1,500 NO COLLECTIONS 1568 Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2018 1435 Dignam $1,500 NO COLLECTIONS 1569 Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2018 1520 Dignam $1,500 NO FAILED PP COLLECTIONS 1570 Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2018 1525 Dignam $1,500 YES 3/31/20 Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 1629 Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 0015 Dignam $1,500 YES THRU PP 4/1/20 2019 Paid/payment plan Unpaid/failed PP/collections Percentage paid 1975 N Balmoral Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2043 Hosfeldt $1,500 YES 8/30/19 16 7 9 43.75% 1630 N Fourth Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2106 Dignam $1,500 YES THRU PP 6/22/20 $22,600.00 $10,500.00 $12,100.00 1631 N Fourth Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2109 Dignam $1,500 YES THRU PP 5/13/20 1632 N Second Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2121 Dignam $1,500 YES THRU PP 6/18/20 1633 N Second Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2131 Dignam $1,500 FAILED PP 1976 Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2132 Hosfeldt $1,500 FAILED PP COLLECTIONS 1634 N Second Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2142 Dignam $1,500 FAILED PP 2025 E Mohoff Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2144 Segovia $1,500 FAILED PP 2026 E Cleveland Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2155 Segovia $1,500 FAILED PP 1977 E Springville Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2208 Hosfeldt $1,500 YES 8/19/19 2027 E Cleo Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 Segovia $1,500 MAKING PYMTS 1635 W Cheryll Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2243 Dignam $1,500 NO COLLECTIONS 1636 W Memory Fireworks 12-2.10.B, 12-2.20 M.C. 7/5/2019 1555 Dignam $1,500 NO 3621 W Pioneer Fireworks 12-2.10.B, 12-2.20 M.C. 11/15/2019 1013 Garcia $1,500 FAILED PP 1643 S Indiana Disch. FW oustide dates 12-2.7 12/7/2019 Dignam $100 NO Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 1644 N Newcomb Fireworks 12-2.7, 2-142 M.C. 1/13/2020 1115 Dignam $100 YES 2020 Paid/payment plan Unpaid/failed PP/collections Percentage paid 3125 N Prospect Fireworks 12-2.10.B, 12-2.20 M.C. 6/24/2020 1600 Dignam $1,500 NO 32 13 19 40.63% 3325 W Memory Fireworks 12-2.10.B, 12-2.20 M.C. 6/30/2020 900 Dignam $1,500 YES 8/13/20 $46,600.00 $18,100.00 $28,500.00 4850 N Patsy Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2027 Garcia $1,500 NO 4851 N Mathew Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2040 Garcia $1,500 YES THRU PP 11/18/20 3127 N Second Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2049 Dignam $1,500 NO 4852 N Newcomb Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2055 Garcia $1,500 PP MAKING PYMTS 4853 N Patsy Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2105 Garcia $1,500 YES THRU PP 9/23/20 3128 N Jaye Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2111 Dignam $1,500 YES THRU PP 3/18/21 3129 W McComb Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2117 Dignam $1,500 NO 3130 W Theta Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2129 Dignam $1,500 YES 3/29/21 4854 W Morton Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2130 Garcia $1,500 NO 4855 W School Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2140 Garcia $1,500 YES 3131 W Mulberry Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2151 Dignam $1,500 YES 4856 N WellingtonFireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2155 Garcia $1,500 YES 4857 W Belleview Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2211 Garcia $1,500 NO 3132 N Beverly Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2214 Dignam $1,500 FAILED PP 3133 N Prospect Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2225 Dignam $1,500 PP MAKING PYMTS 4858 N Balmayne Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2225 Garcia $1,500 YES 4859 W Date Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2300 Garcia $1,500 YES 4860 N Maston Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2350 Garcia $1,500 FAILED PP 3175 W Pamela Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Clark $1,500 NO 2845 N Westside Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 2846 Kessing Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 2847 N Patsy Cr Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 2848 S Beverly Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 2849 W Tomah AveFireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 3176 W Della Fireworks 12-2.10.B, 12-2.20 M.C. 7/5/2020 0005 Clark $1,500 NO 3327 S Leggett Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2020 1135 Dignam $1,500 NO 3328 N Balmayne Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2020 1140 Dignam $1,500 NO 2213 N Lowery St. Fireworks 12-2.10.B, 12-2.20 M.C. 9/1/2020 1620 Balanga $1,500 NO 2216 W Monte AveFireworks 12-2.10.B, 12-2.20 M.C. 9/14/2020 905 Balanga $1,500 NO Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 3333 FW 12-2.10.B, 12-2.20.B.1 M.C. 6/14/2021 1143 Dignam $2,500 YES 2021 Paid/payment plan Unpaid/failed PP/collections Percentage paid 3334 W Vandalia FW 12-2.10.B, 12-2.20.B.1 M.C. 6/14/2021 1147 Dignam $2,500 NO 50 14 36 28.00% 3335 S Jaye FW 12-2.10.B, 12-2.20.B.1 M.C. 6/28/2021 1149 Dignam $2,500 NO $125,000.00 $35,000.00 $90,000.00 5171 FW 12-2.10b, 12-2.20b 6/29/2021 900 Balanga $2,500 NO 5170 FW 12-2.10b, 12-2.20b 6/29/2021 840 Balanga $2,500 NO There were 51 Cites issued in 2021, 1 was overturned so I removed it from this calculation 5172 W Mulberry AveFW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 935 Balanga $2,500 NO 5173 N Lombardi FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 1005 Balanga $2,500 FAILED PP 5174 S Jaye St. FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 1025 Balanga $2,500 YES 5174 S Jaye St. FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 1030 Balanga $2,500 FAILED PP 3765 W Union Ave FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 920 Garcia $2,500 NO 5100 N Walch FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 1105 Garcia $2,500 NO 3766 S C Street FW 12-2.10b, 12-2.20b, 12-2.21 6/30/2021 1534 Garcia $2,500 YES 3683 N Salisbury FW 12-2.10.B, 12-2.20.B.1 M.C. 7/3/2021 2051 Balanga $2,500 NO 5081 E Putnam FW 12-2.10.B, 12-2.20.B.1 M.C. 7/3/2021 2100 Pendergraft $2,500 NO 3136 N Third FW 12-2.10.B, 12-2.20.B.1 M.C. 7/3/2021 2104 Dignam $2,500 NO 3684 W Heritage FW 12-2.10.B, 12-2.20.B.1 M.C. 7/3/2021 2114 Balanga $2,500 YES 5053 N Salisbury FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2020 Hosfeldt $2,500 YES 3685 N Douglas FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2030 Balanga $2,500 NO 4976 E Vandalia FW 12-2.10.B, 12-2.20.B.1, 12-2.21 M.C. 7/4/2021 2030 Graves $2,500 NO 5054 W Morton FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2040 Hosfeldt $2,500 NO 5101 W Morton AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2045 Garcia $2,500 NO 5055 W Bel Aire FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2055 Hosfeldt $2,500 NO 3686 W Mulberry AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2100 Balanga $2,500 YES 4984 S Wisconsin FW 12-2.10.B, 12-2.20.B.1, 12-2.21 M.C. 7/4/2021 2030 Graves $2,500 NO 5102 W Thurman AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2110 Garcia $2,500 NO 4977 W River EdgeFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2110 Graves $2,500 YES 4978 W Mcintire FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2120 Graves $2,500 NO 3687 W Putnam AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2121 Balanga $2,500 NO 5057 W Tomah FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2125 Hosfeldt $2,500 NO 5103 W Westfield FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2130 Garcia $2,500 NO 4979 W Jordan FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2130 Graves $2,500 YES 3688 N Lombardi StFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2140 Balanga $2,500 NO 3689 N Lombardi FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2147 Balanga $2,500 YES THRU PAY PLAN 5058 W Nancy FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2150 Hosfeldt $2,500 NO 3690 W Oakmont FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2203 Balanga $2,500 YES 5059 W Santa MariaFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2209 Hosfeldt $2,500 NO 4980 N E FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2220 Graves $2,500 NO 3691 W Pioneer AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2226 Balanga $2,500 YES 4981 E Putnam FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2230 Graves $2,500 NO 4982 E Thurman FW 12-2.10.B, 12-2.20.B.1, 12-2.21 M.C. 7/4/2021 2252 Graves $2,500 YES 5060 N York FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2253 Hosfeldt $2,500 NO 3692 W Santa MariaFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2325 Balanga $2,500 NO 3693 W Bel Aire FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2308 Balanga $2,500 YES 5061 W Green AcresFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2340 Hosfeldt $2,500 NO 4983 W SwearingenFW 12-2.21 M.C. 7/4/2021 2340 Graves $2,500 YES 5063 N Jaye St. FW 2-2.10b, 12-2.20b, 12-2.21 7/4/2021 2345 Garcia $2,500 dismissed per hearing 5062 N Lindley FW 12-2.10.B, 12-2.20.B.1, 12-2.21 M.C. 7/4/2021 2340 Hosfeldt $2,500 NO 5143 W Westfield Ave FW 12-2.10 8/13/2021 946 Pendergraft $2,500 NO 5144 S Sierra Vista St #4 FW 12-2.10,12-2.20,12-2.21 8/13/2021 1121 Pendergraft $2,500 NO 5146 W Belleview AveFW 12-2.10, 12-2.20, 12-2.21 8/13/2021 1439 Pendergraft $2,500 NO 5147 N F St. FW 12-2.21.12-2.10,12-2.20 89/3/2021 1056 Pendergraft $2,500 NO CITY COUNCIL AGENDA – JULY 20, 2021
SUBJECT: 2021 Fireworks Enforcement Review
SOURCE: Fire
COMMENT: This informational report item is to provide the City Council an update related to illegal fireworks activity during this year’s Independence Day celebrations.

Illegal fireworks do not carry the “Safe and Sane” seal of the California State Fire Marshal.

Illegal fireworks include skyrockets, bottle rockets, roman candles, aerial shells, firecrackers and other types of fireworks that explode, go into the air, or move on the ground in an uncontrollable manner. The use of illegal fireworks on and around the Independence Day holiday generates a high volume of calls to the Porterville Police Department (PPD).

At its meeting on April 20, 2021, the Council conducted its first reading of Ordinance 1882, amending the Porterville City Code sections that apply to fireworks violations. These code changes included increasing fine amounts for both “Safe and Sane” and Illegal fireworks, providing for additional bans of Piccolo Pete style fireworks, adding a Social Host violation, and creating a reward program. The second reading was conducted at the Council's meeting on May 4, 2021, and Ordinance 1882 went into full effect June 4, 2021.

Beginning June 4, 2021, PPD Detectives and Officers were proactive in enforcement work and their significant efforts resulted in the confiscation of over twelve hundred (1,200) pounds of illegal fireworks prior to the July 4th Holiday weekend. These efforts resulted in multiple felony and misdemeanor arrests. Code Enforcement issued 12 Administrative Citations as a result of these efforts.

A formal fireworks detail was deployed over three nights, July 2nd through July 4th, which included Fire personnel, Code Enforcement Officers, and Police Officers. These teams patrolled neighborhoods and responded to calls for service. Over the three nights, 106 fireworks calls for service were received by PPD dispatch. The detail was successful in issuing thirty-five (35) Administrative Citations and confiscating approximately one hundred (100) pounds of illegal fireworks. The Fire Department responded to thirty-five (35) calls for service over the three day period, which a breakdown of the calls is as follows:

Porterville Fire Department Calls 7/2-7/4/2021:

Type of call #
Grass fire 9
Dumpster or other outside trash receptacle fire 2
EMS call, excluding vehicle accident with injury 9
Chemical release, reaction, or toxic condition 1
Assist invalid 2
Cover assignment, standby 1
Dispatched, cancelled en route, false alarm/call 5
No incident found on arrival at dispatch address 3
Smoke scare, odor of smoke 2
Smoke detector activation due to malfunction 1
The combined efforts and collaboration between the Porterville Police and Fire Departments over the period of June 4, 2021 through July 4, 2021 resulted in a response to 214 calls for service specific to fireworks, a total seizure of over 12,800 illegal fireworks totaling 1,347 pounds, and the issuance of $117,500 in fines from 47 Administrative Citations.

Confiscated Fireworks 2021:

Type of Fireworks # weight
Mortars 1277
Cakes, boxes 309
Roman candles 1446
Fire crackers 8000
Bottle rockets 1742
Mortar launch tubes 26
Weight, lbs. 1347.3
Total 12,800 1,347.3
For historical reference included is a breakdown of Administrative Cites issued for illegal fireworks over the preceding 5 years:

Historical Fireworks Cites:

YEAR CITES FINE
2016 12 $18,000
2017 17 $25,500
2018 27 $40,500
2019 15 $22,500
2020 30 $45,000
2021 47 $117,500
RECOMMENDATION: Information Only
ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Dave LaPere, Fire Chief
Final Approver: John Lollis, City Manager
Item No. 21.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: New Porterville Rescue Mission Update
SOURCE: Community Development
COMMENT: At its meeting on June 18, 2019, the City Council adopted Resolution 43-2019, approving Conditional Use Permit (CUP) 2018-041-C for the New Porterville Rescue Mission (NPRM) to allow for a Social Services Facility located at 30 S.

A Street. As outlined in Resolution 43-2019, Condition #1, and in compliance with Porterville Municipal Code Chapter 21, Section 301.09, “Social Services Facilities shall provide: adequate and accessible sanitary facilities, including lavatories, restrooms and refuse containers; sufficient patron seating facilities for dining; effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas.” To meet these requirements, NPRM was to continue to work on site improvements, and stay in communication with staff until all items had been completed. CUP 2018-041-C includes a requirement that staff provide a bi-annual update to the Council on the status of project, which is the purpose of this report.

At its meeting on February 4, 2020, staff presented to Council the bi-annual update as required in the CUP to update the status of improvements. The item was continued as additional information was needed to be provided by NPRM in writing. At its meeting on March 3, 2020, staff provided to Council the proposed Plan of Action that staff considered quite aggressive and reported that a realistic timeline would be three to six months before there would be an issuance of a building permit. At its meeting on July 21, 2020, staff provided an update to Council regarding the progress of the NPRM’s remodel project.

NPRM was issued a building permit on July 7, 2020. The scope of the permit includes removing existing staff bedroom walls to open up to existing open area to accommodate fourteen (14) beds total on the west end of the building, remodel of two restrooms to meet accessibility standards, the installation of two new concrete door landings, one new door landing with stairs and handrails, as well as reversing the swing of an existing door. NPRM had anticipated that this phase of construction would take approximately three to four months to complete.

At its meeting on November 17, 2020, staff provided an update to Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM’s project had experienced delays due to the pandemic as well as encountering structural issues during the demolition process.

At its meeting on January 19, 2021, Council was provided an update on the Item No. 21.
status of the NPRM project. The update included that the NPRM had been issued a permit for the structural revision to correct the issues encountered during the demolition process on November 25, 2020. Staff met with the NPRM on January 4, 2021, to discuss the progress of the project. The NPRM informed staff that the project timeline has been impacted by the ongoing COVID-19 pandemic, noting that they received a letter from one of their suppliers informing them that the delivery of their order had been delayed due to the pandemic. A framing inspection was provided by the City's Engineering Department-Building Division on January 5, 2021, and a second framing inspection on January 8, 2021, which NPRM passed.

At its meeting on August 17, 2021, staff provided an update to the Council regarding the progress of the NPRM’s remodel project as well as information in regard to violations of the conditions outlined in Conditional Use Permit 2018- 041-C and Porterville Development Ordinance, which were observed on August 10, 2021. The violations included a recreational vehicle observed onsite that was being occupied as a residence with an electrical extension cord connected to the recreational vehicle. Chapter 304.11 of the Development Ordinance states that “Parking and storing of recreational vehicles, boats, campers, trailers and similar vehicles are prohibited from being stored for a period longer than seventy-two hours (72) hours in the front yard setback. They may be stored in the side or rear yard behind a minimum six foot high, solid fence. At no time are recreational vehicles allowed to be occupied as residences. Connection to any combination of electrical, water, cable, or sewer facilities is considered prima facie evidence of occupation as a residence. At no time shall commercial vehicles greater than a one-ton rating be parked or stored on residentially zoned properties. Storage on the street is limited pursuant to Sections 17-10.4, 17-

11.7, 17-11.8, and 17-11.9 of the Porterville Municipal Code.” Tents were also observed to be erected on site outside of the approved season and timeframe outlined in Condition 10 of the CUP. Condition 10 states “The temporary use of tents for overflow of patrons may be permitted during the winter months, provided that the usage and assembling of the tents be opposite of office hours, erecting tents after 7p.m. and removing them before 7 a.m." NPRM remedied the violations was within seventy-two (72) hours.

At its meeting on October 19, 2021, staff provided an update to the Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM had one inspection since the update provided to the City Council on August 17, 2021, which occurred on September 29, 2021. The inspection was for underground plumbing for the restroom remodel, which passed. During the inspection, the NPRM disclosed that while saw cutting the existing concrete slab for the restroom remodel, a four foot section of the exterior footing fell apart. The NPRM was requested to have the footing evaluated by an engineer to provide a design to correct the issue.

The Council was also informed that on September 24, 2021, the Porterville Police Department and Code Enforcement responded to the NPRM for the discharge of dangerous fireworks. The suspect was found to be in possession of additional fireworks and was administratively sited. While onsite Code Item No. 21.

Enforcement observed conditions of the neighboring property (14 S. A Street), which is also operated by NPRM, that were not in compliance with the 1997 Uniform Housing Code. The conditions observed included the rear yard being utilized as a living space with an outdoor shower built in close proximity to an existing electrical panel. Food and other items have also been allowed to accumulate in the yard along with multiple tarp covered areas that have been erected, creating an attractive nuisance and possible fire hazard. The property owner was notified and required to remedy the conditions by November 1, 2021. CUP 2018-041-C does not include provisions for the property located at 14 S. A Street. Resolution 43-2019 included NPRM Site and Operations Plan as Attachment A, which outlines that 14 S. A Street provides for six long term residential beds and two emergency shelter beds for women. City staff inspected the property located at 14 S. A Street on October 12, 2021, and found that the conditions that were out of compliance with the 1997 Uniform Housing Code had been remedied.

The NPRM has had four successful inspections since the update provided to the City Council at its meeting on October 19, 2021. The inspections included an inspection of foundation forms to address a foundation issue in accordance with an engineer’s design on October 19, 2021, framing and wall insulation for the east restroom on January 7, 2022, sheetrock on January 18, 2022, and shower pan inspection on January 24, 2022. The Building Division expects that the next inspection will be for a final on the east restroom. The Code Enforcement Division has not issued any notices of violation to the NPRM since the last update was provided.

RECOMMENDATION: That the City Council consider the report and provide direction as deemed appropriate.

ATTACHMENTS: 1. Resolution No. 43-2019
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 22.

CITY COUNCIL AGENDA – FEBRUARY 1, 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 January 18, 2022, 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. 22.
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. 22.
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. 22.
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 December 31, 2021, there was $1,356,234 in unpaid City utility accounts (water: $667,294; sewer: $366,171; and refuse: $322,769), with the corresponding total loss in late fees of $373,595 - 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, which the State deemed eligible $324,000 for reimbursement.

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 Item No. 22.
event occurred in Porterville on June 29, 2020, during which twelve (12) 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 Item No. 22.

Order N-60-20, allowing the reopening of lower-risk businesses and spaces in 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 Item No. 22.

Council at its meeting of July 21, 2020. In enforcement of the emergency 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 Item No. 22.
rate met the Yellow (Minimal) tier requirement of less than two percent (1.5% 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 Item No. 22.
(20%) capacity; 2) limit restaurants to delivery/pick-up/take-out only; 3) limit 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 Item No. 22.

January 25, 2021, the State removed the regional stay at home Order, again 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 Item No. 22.
leave program was discontinued effective May 31, 2020. Compounding the 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, Item No. 22.

July 3, 2020, treating low-acute COVID-19 patients transferred from impacted 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 Item No. 22.

July 31, 2021, the local community vaccine clinic operated by Sierra View 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 Item No. 22.

May 20, 2021, which the second allocation would be received twelve (12) 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 14,770 local Item No. 22.
gift cards/certificates have been purchased and $1,477,000 in City ARPA funds 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. Given the success of the program and the continued pandemic, the Council should consider the merits of continuing the program into February 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. At its meeting on December 21, 2021, the Council acted to continue to defer the biannual collection until July 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 Item No. 22.

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.

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.

Item No. 22.

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.

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

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

13. City Utilities Past Due Balances - December 2021

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
Item No. 22.

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.

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)
AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF Mar20-Dec21 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 12/31/2021 Difference WATER $155,942 $571,536 $527,676 $463,170 $470,677 $503,738 $481,955 $543,626 $602,471 $559,589 $618,746 $667,294 $511,352 SEWER 171,185 349,334 294,515 283,873 305,374 292,298 282,188 300,471 320,062 331,194 334,051 366,171 194,986 REFUSE 155,172 316,767 268,798 253,119 273,951 262,133 248,199 267,486 282,828 297,209 295,806 322,769 167,597 $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 $1,356,234 $873,935

AS OF 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 12/31/2021 WATER $150,734 $143,479 $136,401 $138,598 $145,220 $132,986 $147,937 $145,259 $145,534 $163,842 $186,404 SEWER 91,957 75,987 75,827 84,055 79,686 73,592 78,818 77,245 83,940 88,486 99,398 REFUSE 84,750 69,309 68,561 75,935 71,125 65,677 70,806 68,894 75,323 78,977 87,793 $327,441 $288,775 $280,789 $298,589 $296,032 $272,256 $297,561 $291,399 $304,797 $331,304 $373,595 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 $1,729,829

CITY OF PORTERVILLE

UTILITIES

PAST DUE BALANCES

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 March 2, 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 1st day of February, 2022.

Adrian Monte Reyes, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk

Porterville City CouncilFebruary 1, 2022

Porterville City Council
February 1, 2022