Porterville City Council
February 15, 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

A.2. SCOPE OF WORK.

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

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

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

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

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

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

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

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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

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

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

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

Exhibit D

12. [RESERVED].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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. 12.

CITY COUNCIL AGENDA – FEBRUARY 15, 2022
SUBJECT: Consideration of Revised City Council District Electoral Boundaries as Required by Elections Code Section 21621 - Public Hearing No. 4 SOURCE: Administrative Services
COMMENT: Every ten (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)

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

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

2. Respect voters’ choices/continuity in office

3. Future population growth
By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
• At least one hearing must occur before the city or county draws draft maps Item No. 12.
• At least two hearings must happen after the drawing of draft maps • The fourth hearing can happen either before or after the drawing of draft maps
• City or county staff or consultants may hold a public workshop instead of one of the required 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 ten percent (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-fifth 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 under populated by -7.38% and District 4 is over populated at 7.33% for a combined total deviation of 14.71%. The district boundaries must be adjusted to achieve a population balance of ten percent (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 review 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 provided herein as Attachment 1. In the current district boundaries, four of the five districts (1, 2, 3 & 5) are majority/minority population.

Regarding population, current district boundaries must be adjusted for population balance, as the total deviation is higher than the "acceptable" range at 14.71%.

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 Item No. 12.

Redistricting consultant prepared one draft map option for Council’s consideration. Draft Map Option 1 and accompanying demographic information is attached to this report as Attachment 2. Further, an online tool for closely examining the boundaries, with zoom and search capabilities, may be found here:

Map Link
Map Option 1
Map Option 1 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 one 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 was received from a member of the public using the online mapping tool. It was presented at the hearing as Map Option 2.

Map Option 2
Option 2 was submitted by a member of the public. While retaining the center of existing districts, it does not resemble the current district boundaries and moves a significant number of voters from one district to another. Option 2 is population balanced, with a deviation of 5.22%. The map draws Districts 2-5 as majority/minority Hispanic voting districts, shifting from Districts 1, 2, 3 and 5 as in the current map and Option 1. A complete demographic breakdown of Map Option 2 is attached to this report (Attachment 3).

At the Hearing on February 1, 2022, the Council expressed a preference for Map Option 1 and requested staff bring back an Ordinance finalizing the selection of a preferred map.

The purpose of this Public Hearing is to receive continued input regarding communities of interest and other local factors that should be considered for district maps. After receiving public input, the Council may introduce the Ordinance finalizing the selection of a preferred map.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to receive public input on district boundaries; and

2. Adopt the draft Ordinance, An Ordinance of the City Council of the City of Porterville Adjusting the Boundaries of City Item No. 12.

Council Electoral Districts and Redefining the Boundaries of all City Council Electoral Districts of the City of Porterville, California; Give first reading by title only; and order the Ordinance to print.

ATTACHMENTS: 1. Redistricting Attachment 1_Current Map

2. Redistricting Attachment 2_Map Option 1

3. Redistricting Attachment 3_Map Option 2

4. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Current Map with Demographic Analysis
Total Population: 62,889
Ideal District Population: 12,577.8
Total Deviation: 14.71%
District Total Pop
Raw
Deviation
%
Deviation Latino
CVAP1
9 Total
CVAP1
9 NL
White
CVAP
19 NL
Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP1
9 NL
AIAN
CVAP1
9 NL
ASIAN
CVAP1
9 NL
Hawaii
an
CVAP1
9 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 Existing Districts with 2020 Census Data Overlay
Map Option 1 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
Map Option 2
Total Population: 62,889
Ideal District Population: 12,578
Total Deviation: 5.07 %
District Total Pop
Raw
Deviation
%
Deviation
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
NL
AIAN*
CVAP19
NL
ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 12128 -397 -3.17% 7323 47.51% 0.46% 41.29% 7.59% 2.64% 0.00% 1.87% 2 12732 207 1.66% 6825 38.90% 2.27% 49.92% 8.44% 0.57% 0.00% 2.47% 3 12522 -3 -0.02% 6013 35.26% 0.48% 56.96% 3.04% 3.04% 0.91% 2.80% 4 12479 -46 -0.36% 7180 41.31% 1.36% 50.21% 6.43% 0.28% 0.00% 2.02% 5 12762 237 1.90% 6259 32.78% 1.02% 60.97% 2.97% 2.12% 0.06% 2.66% *AIAN = American Indian Alaskan Native
Map Option 2 with 2020 Census Data Overlay

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE,

CALIFORNIA ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTORAL

DISTRICTS AND REDEFINING THE BOUNDARIES OF ALL CITY COUNCIL

ELECTORAL DISTRICTS OF THE CITY OF PORTERVILLE, CALIFORNIA, AND AMENDING EXHIBIT A TO SECTION 2-1.3 OF CHAPTER 2, ARTICLE I OF THE

PORTERVILLE MUNICIPAL CODE
The City Council of the City of Porterville, State of California, ordains as follows:

SECTION 1: The City Council (Council) finds and determines:
a. The U.S. Census Bureau (Bureau) is required by Article I, Section 2, of the U.S.

Constitution to conduct an accurate count of the population every ten years; b. California Elections Code Section 21620 et seq. requires that “[f]ollowing each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution.;" c. The Elections Code requires that the Council adopt an ordinance or pass a resolution amending supervisorial/city council districts no later than April 17, 2022; d. The Council held public hearings on December 7, 2021, January 18, 2022, February 1, 2022 and February 15, 2022, to receive briefings from the City’s demographic consultant relating to the redistricting process and state and federal redistricting criteria and communities of interest, including the California Elections Code, the Voting Rights Act and the United Constitution, heard public testimony, and directed staff and the City's demographic consultant to prepare draft district plans for consideration; e. In addition, City staff conducted public outreach by way of print and digital advertisements and established a dedicated redistricting website as a repository for the records of redistricting proceedings. During the public hearings public comment was received on redistricting criteria and communities of interest; f. At the four public hearings identified in subsection (d), the Council received a presentation on one draft map prepared by the City's demographic consultant for compliance with applicable laws and standards and one additional map submitted by the public;
g. At its February 1, 2022 public hearing, the City Council settled on Map 1, designating it the Preferred Map and directed that the Preferred Map be presented to the Council for adoption by an Ordinance introduced on February 15, 2022;

h. At each of the public hearings on redistricting, the Council heard testimony relating to “communities of interest,” which led the Council to reach the following determinations about communities of interest on the Preferred Map as required under federal and state law:
(1) The districts are geographically contiguous. The districts are arrayed in a simple and logical form without any islands and minimal intrusions from the area of one district into another;
(2) To the extent practicable, the Preferred Map respects the geographic integrity of local neighborhoods and local communities of interest. The Council heard testimony about what constitute communities of interest in the public eye. (3) The districts are easily identifiable and understandable by residents. The districts in the Preferred Map form a relatively simple pattern. (4) To the extent practicable, the districts are geographically compact. Their configurations for the most part are compact, simple shapes, with nearby populations included in the same districts.
(5) The districts are balanced in terms of total population and voting age population. The districts are well within the one-person/one-vote deviations permitted under federal and state voting rights laws.
(6) The districts conform to concentration of minority voters. The Preferred Map creates four majority/minority Hispanic voting districts. k. All information in the staff reports, maps, presentations, Council debate and public testimony referenced above is hereby incorporated into this decision and serves as evidentiary basis for these findings and legislative decision.

SECTION 2: Pursuant to the provisions of the Fair Maps Act of 2019 as amended in 2020, codified at California Elections Code section 21620 to 21629, after giving consideration to those provisions and applicable decisions of the courts, the Council hereby adjusts, changes, and establishes the boundaries of the City Council electoral districts as set forth on the Preferred Map considered by the Council at its public hearing on February 1, 2022, and reflected in Exhibit A hereto, and they shall constitute and are hereby established as the boundaries of the City Council districts of the City of Porterville for subsequent elections until further readjustment is required by law.

SECTION 3: Exhibit A to this Ordinance hereby replaces Exhibit A to Porterville Municipal Code Section 2-1.3.A. of Article I, Chapter 2, previously adopted in 2018, as authorized in Section 2-1.3.B.

SECTION 4: Notwithstanding any other provision of this chapter, and pursuant to California Elections Code section 21626, subdivisions (a) and (b), each of the Council Members in office at the time this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is

qualified, and any vacancy in a term currently underway shall be filled based on the districts in effect at the time the current supervisors were elected.

SECTION 5: All ordinances and resolutions, or parts thereof in conflict with this ordinance are hereby repealed.

SECTION 6: The City Manager is directed to take all necessary steps to give effect to this Ordinance. If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

SECTION 7: This Ordinance is adopted following four noticed public hearings as required by Elections Code section 21627.1 and shall take effect and be in full force on the ______ day of ___________, 2022.

PASSED, APPROVED, AND ADOPTED this _____ day of __________________, 2022. _______________________________________
Adrian Monte Reyes, Mayor
ATTEST:

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

EXHIBIT A – MAP OF ADOPTED DISTRICT LINES
Item No. 13.

CITY COUNCIL AGENDA – FEBRUARY 15, 2022
SUBJECT: Consideration of Solid Waste Ordinance Revisions and SB 1383 Additions SOURCE: Public Works
COMMENT: The purpose of Chapter 13 of the City's Municipal Code is to regulate the collection, transportation, and disposal of solid waste (garbage and refuse) in order to protect public safety, health and welfare, and to enhance the environment of the residents of Porterville.

Revisions to the Ordinance are required from time to time in order to facilitate modifications to the City’s solid waste programs such as State mandates on waste diversion and recycling. In this case, Senate Bill 1383 (SB 1383) which was mandated January 1, 2022, is bringing new organics recycling regulations and requirements for the City, as well as for the businesses and residents of Porterville. SB 1383 is mandating the recycling or composting of all food waste and green waste in order to reduce methane emissions by keeping organic products out of landfills. The addition of Section 13-25 to Chapter 13 will outline those requirements as well as set the framework for enforceable actions the City may need to take in order to stay within the guidelines of SB 1383.

Other changes besides the addition of Section 13-25, include updating language to industry standard terminology and corresponding definitions thereof.

RECOMMENDATION: That the City Council adopt the draft Ordinance approving changes to Chapter 13, Garbage and Refuse, of the City’s Municipal Code; give first reading, and order the Ordinance to print.

ATTACHMENTS: 1. Draft Ordinance

2. Proposed Ordinance Changes
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Item No. 13.

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 13 GARBAGE AND REFUSE , BY UPDATING
TERMINOLOGY AND DEFINITIONS, AND THE ADDITION OF SECTION 13-25 REGARDING SENATE BILL 1383 REGULATIONS AND ENFORCEMENT
WHEREAS: On February 15, 2022, the City Council at its regularly scheduled meeting, held a public hearing to consider amendments to the Garbage and Refuse Ordinance; WHEREAS: state organics recycling law, Senate Bill 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, took effect on January 1, 2017 and set Statewide Organic Waste disposal reduction targets of 50 percent by 2020 and 75 percent by 2025, based on the 2014 organics waste disposal baseline, set forth in Section 39730.6 of the Health and Safety Code, and requires California's Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane (“SB 1383 Regulations”); and WHEREAS: the SB 1383 Regulations place requirements on multiple entities, including counties, cities, residential households, Commercial Businesses (including Multi-Family Residential Dwellings), Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of statewide Organic Waste disposal reduction targets with compliance required beginning January 1, 2022; and WHEREAS: by January 1, 2022, the SB 1383 Regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations; and WHEREAS: this Ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption; and WHEREAS: other changes besides the addition of Section 13-25, includes updating language to industry standard terminology and corresponding definitions thereof; WHEREAS: Pursuant to State and local environmental regulations, the proposed amendment to regulations contains new requirements based on the provisions of SB 1383 that are intended to strengthen requirements for handling of solid waste, do not involve or authorize any construction activities or the relaxation of standards that could lead to degradation of the environment, and consists solely of an action by a regulatory agency (the City) for the protection of the environment.

Accordingly, the City Council finds and determines that adoption of Ordinance No. ____ is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15038, Actions by Regulatory Agencies for Protection of the Environment.

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

SECTION 1: Chapter 13 of the Porterville Municipal Code is hereby amended as follows:

CHAPTER 13

GARBAGE AND REFUSE
SECTION:
13-1: Declaration Of Policy
13-2: Definitions
13-3: Rules Established
13-4: Unlawful Acts
13-5: Mandatory Service
13-6: Unlawful Disposition Of Solid Waste Generally
13-7: Residential Solid Waste Collection Service
13-8: Solid Waste Receptacles
13-9: Reserved
13-10: General Provisions
13-11: Bin Container Pads And Enclosures
13-12: Special Pick Up, Disposal And Collection Event Services 13-13: Enforcement; Powers And Duties Of City Manager Or His Designee 13-14: Charges For Collection; Time And Manner Of Payment 13-15: Building Design Requirements
13-16: Unlawful To Burn Solid Waste
13-17: Penalty For Contamination Of Yard Waste
13-18: Collection Of Recyclable Materials
13-19: Recycling Hauler Permit Requirement And Application 13-20: Refusal To Issue Permit
13-21: Term And Renewal
13-22: Reporting Requirements
13-23: Home Generated Sharps Waste Management Program
13-24: Penalty For Violation
13-25: Compliance With The Act And SB 1383 Regulatory Compliance 13-1: DECLARATION OF POLICY:

It is hereby declared to be the purpose of this chapter to regulate the collection, transport, and disposal of solid waste in order to protect the public safety, health and welfare and to enhance the environment of the people of Porterville. Further, it is the purpose of this chapter to regulate the collection and disposition of recyclables generated within the city and to establish reporting requirements and guidelines that shall be followed by licensees to minimize the amount of such recyclables deposited into landfills. (Ord. 1494A, 7-20-1993) 13-2: DEFINITIONS:

For the purpose of this chapter, the following words and phrases shall have the meanings given herein unless their use in the text of this chapter clearly demonstrates a different meaning:

ACT: the California Integrated Waste Management Act of 1989 (sometimes referred to as “AB 939”), Public Resources Code § 40000 and following as it may be amended, and as implemented by the regulations of CalRecycle.

ALLEY SERVICE: Such service where solid waste containers are placed at the property line in through alleys.

BIN CONTAINER SERVICE: A stationary container supported on casters or skids and approved by the city manager or his designee for mechanical handling by the collection trucks.

CALRECYCLE: The California Department of Resources Recycling and Recovery, or its successor agency.

COMMERCIAL EDIBLE FOOD GENERATOR: includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74).

COMPACTED WASTE: Solid waste which is mechanically compressed to reduce the dimensions of the waste.

CONSTRUCTION AND DEMOLITION WASTES: Shall mean and include the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of pavements and structures.

CURB SERVICE: Such service where the solid waste containers are picked up by the city at the front curb line of the customer's property.

DISCARDED: Thrown away, abandoned, worthless, or having lack of economic value.

EDIBLE FOOD: Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

FOOD RECOVERY SERVICE: An entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.

HAULER: A person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. “Hauler” includes public contract haulers, private contract haulers, food waste self-haulers, and self-haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler.

HOUSEHOLD HAZARDOUS WASTE: Those wastes resulting from products purchased by the general public for household use which, because of their quantity,

concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. The city manager or his designee shall determine those substances deemed hazardous for the purpose of the city's disposal system.

INDUSTRIAL WASTE: Solid wastes or waste material resulting or left over from industrial processes and manufacturing operations, including, but not limited to, fibers, fabrics, plastics, styrofoam, rubber, resins, metals, slag, wood products such as sawdust and shavings, packing materials, putrescible material from food processing plants and slaughterhouses, condemned foods, cinders and ashes from power plants and incinerators, and miscellaneous manufacturing wastes. Such industrial waste is distinguished from ordinary commercial refuse or so called trade wastes which emanate from stores, hotels, restaurants, and markets.

MULTIPLE-FAMILY DWELLING: A building designed for residential occupancy and shall include duplexes, triplexes, apartments of four (4) or more units, bungalows in a bungalow court, apartment houses, flats, condominium units, and mobile homes.

ORGANIC MATERIALS, ORGANICS, and ORGANIC WASTE: Food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, stable matter, and acceptable food packaging items such as pizza boxes, paper towels, waxed cardboard, food-contaminated paper products, plant debris, such as palm, yucca and cactus, ivy, grass clippings, leaves, pruning, weeds, branches, brush, and holiday trees. Classification of materials subject to change pending Refuse Contractor processing capability.

ORGANIC WASTE GENERATOR: A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48) of SB 1383.

RECYCLABLES: Shall include those materials that have value and can be diverted from landfill disposal. "Recyclables" can further be defined as those materials that by collecting, sorting, cleansing, treating, reconstituting, and processing can be returned to the economic mainstream in the form of raw materials for new, reused, or reconstituted products.

REFUSE or GARBAGE: Rags, household ashes, wearing apparel, household goods and such worthless, useless, unused, rejected and cast off matter produced by and as the result of human habitation and the transaction of business within the city, that can be properly and safely collected and transported in a collection vehicle.

RESIDENTIAL PREMISES: All residentially zoned lots used for residential purposes, excluding premises with multi-family structures consisting of five or more units.

SB 1383: The Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock: Organic Waste: Landfills Act of 2016. Article 4 Title 14, Division 4, Chapter 12 of the California Code of Regulations.

SELF-HAULER: A generator that collects solid waste at their premises or place of business for the purpose of hauling those materials in their own vehicles to a permitted solid waste facility in compliance with the requirements of this chapter.

SINGLE-FAMILY DWELLING: Any detached building used exclusively for occupancy by one family, excluding bungalows in a bungalow court, residential condominium units, and mobile homes.

SOLID WASTE: All putrescible and non-putrescible solid and semisolid wastes; including garbage, trash, refuse, paper, ashes, industrial wastes, demolition and construction

wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include hazardous, low level radioactive, or medical wastes. "Solid waste" as herein defined shall not include materials source-separated by the generator for the purpose of recycling, reuse, repair or composting.

SPECIAL PICK UP: The collection of solid waste that exceeds the scope of standard residential or commercial service as set forth in this chapter, or any material not defined in this section as solid waste.

STANDARD RESIDENTIAL CONTAINER: Roll out container(s) provided by city.

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR: A commercial edible food generator that is one of the following:

A. Supermarkets with gross annual sales of $2,000,000 or more.

B. Grocery store with a total facility size equal to or greater than 10,000 square feet.

C. Food service provider.

D. Wholesale food vendor.

SB 1383 Tier 1 commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2022 or face significant financial penalties as prescribed in 14 CCR Section 18997.2, City Code Chapter 13-24 (Penalty for Violation), or City Code Chapter 2 Article XIV (Administrative Citations) as determined by the City Manager and/or his or her designee.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR: A commercial edible food generator that is one of the following:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large venue.

E. Large event.

F. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A local education agency facility with an on-site food facility.

SB 1383 Tier 2 Commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2024 or face significant financial penalties as prescribed in 14 CCR Section 18997.2, City Code Chapter 13-24 (Penalty for Violation), or City Code Chapter 2 Article XIV (Administrative Citations), or any other applicable enforcement provision of this Code, as determined by the City Manager and/or his or her designee.

WASTE MATTER: Solid waste such as heavy or bulk materials which can be properly and safely collected and transported by special pick up vehicles. The city manager or his designee shall determine those materials suitable for special pick up service.

YARD WASTE: Lawn clippings, tree and shrubbery trimmings, and leaves that can be properly and safely collected and transported in a collection vehicle. (Ord. 1615, 10-1-2002) 13-3: RULES ESTABLISHED:

The following rules, as contained in this chapter, covering the handling of accumulations of garbage, refuse, yard waste, and waste matter to be observed by the occupants of places of

residence and places of business in the city are hereby established. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002)
13-4: UNLAWFUL ACTS:

A. Prohibitions:

1. Solid Waste Accumulations: It shall be unlawful for any person, owner or occupant of any building, lot or premises in the city to suffer, allow or permit the accumulation of solid waste of any description to become or remain offensive, unsightly or unsafe to public health or hazardous from fire, or to deposit, transport, keep, accumulate or permit or cause any solid waste to be deposited, placed or accumulated upon any lot or parcel of land, or any public or private container, place, street, land, alley or driveway except in the manner prescribed in this chapter.

2. Illegal Use Of Containers: It shall be unlawful for any person to deposit refuse into containers, bins, or roll off containers which are not assigned to the property at which the refuse is generated.

3. Illegal Collection Or Removal Of Recyclables: It shall be unlawful for any person, other than the city or the city's designee, to collect or remove materials which have been segregated for the purpose of recycling and placed in a designated recycling receptacle.

4. Placing Prohibited Materials In Recycling Receptacles: It shall be unlawful for any person to willingly place any materials in the recycling receptacles that do not meet the criteria defined under section 13-2 of this chapter.

5. Taking Or Pilfering Of Recyclables Or Any Other Item: It shall be unlawful for any person to take or pilfer, for his/her own use or benefit:
a. The recyclables of any other person.
b. The recyclables from any city operated drop off facilities. Recyclables donated to the drop off facility are considered the property of the city. c. Any item placed into any city owned trash receptacle designated for disposal.

6. Refuse Disposal Into Or Near Recycling Drop Off Facilities: It shall be unlawful for any person to dispose of "refuse", as defined under section 13-2 of this chapter, into or around city operated drop off facilities.

B. Nuisance Declared: Each and all of the conditions specified in subsection A of this section constitute a public nuisance, and are unlawful, in violation of this chapter and are subject to immediate abatement by any officer of this city. Any costs associated with enforcement and abatement which the city incurs may be charged to the offending party or property owner for reimbursement.

C. Recycling Location An Individual Choice: Nothing herein shall prohibit a person from selling, giving away, or otherwise legally diverting their own recyclable materials to a location of their choice. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-5: MANDATORY SERVICE:

It shall be mandatory for every property owner within the city to receive city disposal service and billing therefor, except those industrial businesses whose volume of waste might exceed what services the city could offer. Minimum levels of city residential, commercial, and industrial refuse service shall be determined by city council and set by resolution. City refuse service above the minimum level may be required to protect public safety, health, and welfare, as required by this chapter. The necessity of such increased levels of service shall be

determined by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1- 2002)
13-6: UNLAWFUL DISPOSITION OF SOLID WASTE GENERALLY:

It shall be unlawful for any person to engage in or carry on the business of hauling or removing garbage, refuse or waste matter within the city without written permission from city manager. Any person engaging in or carrying on the business of hauling or removing recyclables must have the written permission of the city manager as set forth in section 13-19 of this chapter. Disputes over whether material should be classified as recyclable or solid waste will be resolved by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002)
13-7: RESIDENTIAL SOLID WASTE COLLECTION SERVICE:

A. Frequency, Amount, And Location Of Collection: The city shall provide collection service from all dwelling units in the city at frequencies and amounts to be determined by city council and set by resolution. Residential service shall be at curbside unless otherwise authorized by the city manager or his designee.

B. Responsibilities Of Curb Service Customers: All curb service customers shall place their solid waste containers at the curb or property line and shall remove the empty containers in accordance with time schedules as determined by the city manager or his designee.

C. Alley Service Customers; Placement Of Containers: Alley service will only be provided if criteria developed by the city manager or his designee is met, and such service is compatible with overall collection service objectives. Customers receiving alley service shall place their solid waste containers at the property line in through alleys and shall remove the empty containers in accordance with time schedules as determined by the city manager or his designee.

D. Container Service: Bin container service may be used in residential areas for apartments and multiple dwellings and for single-unit dwellings if approved by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1537 § B45, 8-6-1996; Ord. 1615, 10-1-2002)
13-8: SOLID WASTE RECEPTACLES:

The occupant, tenant or lessee of any house, dwelling, flat, apartment building, mobile home, motel, hotel, restaurant or other place of business or residence within the city where solid waste is produced or accumulated and where individual container service is authorized shall keep, in a place where it will not constitute a nuisance, a city approved container for receiving and holding all of the solid waste which accumulates on the premises between the time of successive collections. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-9: RESERVED:
(Ord. 1537 § B46, 8-6-1996; Ord. 1615, 10-1-2002)
13-10: GENERAL PROVISIONS:

A. Where commercial collections are made from private alleys and access ways, said approaches shall be maintained in such a manner as not to be a hazard to collection personnel

and equipment, and provide a safe and convenient entrance to and through the premises for the purpose of collecting refuse.

B. The approach to containers furnished by the city must be kept clear. An inaccessible container will not be dumped at the scheduled time. There will be an extra charge to dump a container other than at the regularly scheduled time, or if it is necessary to return to the collection site due to inaccessibility of the collection container.

C. Overfilled containers and excess trash on top of containers pose a hazard to collection vehicles and personnel and may not be dumped at the scheduled time. If an overfilled container is able to be dumped, it shall constitute a special haul and will require an extra charge.

D. Compacted commercial waste requires special handling due to increased weight associated with compaction. Compacted waste will be subject to increased collection charges and may require restrictions on the volume of waste accumulated between collection days.

E. All persons or businesses utilizing city owned containers are responsible for the sanitary conditions of each container or receptacle and the proximity thereof and must keep lids and doors closed when not in use. A charge may be assessed when steam cleaning of containers is requested by customers. All persons and businesses will be responsible for burned or damaged containers due to other than normal wear and tear and will be charged for necessary repairs. Bin containers may be fitted with lid locks at the request of the customer.

A charge will be assessed for installation and repair of such locks.

F. Items that are likely to cause damage to regular city containers or the collection vehicles will not be regularly picked up. Such examples are, but are not limited to, timbers or tree trunks larger than four inches (4") in diameter or longer than five feet (5'), engine blocks, heads, transmissions, axles, spring assemblies, tires or draft shafts, all of which shall constitute a special haul. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-11: BIN CONTAINER PADS AND ENCLOSURES:

A. All bin container services shall require a concrete bin pad to ensure that the bin can be conveniently serviced. Each bin type container, regardless of the cubic yard capacity, shall require a concrete pad six inches (6") thick and six feet by ten feet (6' x 10') for each bin. The bin container pad shall be poured to the existing ground level, ensuring that the pad is neither too high nor too low, creating collection problems. There shall be a fence erected around the bin pad storage area. Such fencing shall conform with city specifications as specified by the city manager or his designee.

B. Temporary bin service may be provided at a residential or commercial site at the request of the customer for short term cleanup activities and do not require a bin enclosure.

Temporary bin service shall not be utilized in lieu of permanent disposal service. Temporary bin location and on site duration may be limited so as not to constitute a public nuisance.

Temporary bins determined to constitute a public nuisance may be immediately removed at the discretion of the city manager or his designee. (Ord. 1537 § B47, 8-6-1996; Ord. 1615, 10-1-2002; Ord. 1801, 12-3-2013)
13-12: SPECIAL PICK UP, DISPOSAL AND COLLECTION EVENT SERVICES:

A. The removal of dirt, sod, tree stumps, stones, broken concrete, furniture and appliances and other building materials is not considered to be normal household solid waste service. Periodic collection of accumulations of excess solid waste within the city, in addition

to that provided for above, shall be made on the request of a resident. These services will be handled on a special pick up basis for which an extra charge is made. Tree and shrub trimmings which cannot be accommodated in the city provided yard waste cart shall be handled on a special pick up basis for which an extra charge will be made.

B. The following services are considered "special requests" and will be charged an additional fee as determined by city council and set by resolution. "Special requests" include, but are not limited to: extra pick up of residential, commercial, and industrial containers; same day delivery, emptying, or removal of temporary bins; same day delivery, emptying, removal or relocation of temporary or permanent roll off containers; standby time of collection personnel at customer request or to accommodate customer needs; same day return to empty a container or bin that was inaccessible, overfilled, or contaminated.

C. The disposal of substances determined to be household hazardous materials shall be restricted to special collection events or sites as approved by city council.

D. The city manager or his designee shall determine those waste materials suitable for special pick up service. (Ord. 1537 § B48, 8-6-1996; Ord. 1615, 10-1-2002) 13-13: ENFORCEMENT; POWERS AND DUTIES OF CITY MANAGER OR HIS DESIGNEE:

A. The city manager or his designee shall supervise the collection and removal of all solid waste by the city and shall enforce the provisions of this chapter. He shall have the right to inspect any and all premises for the purpose of determining whether the provisions of this chapter are being observed. Any person denying or obstructing such inspection shall be subject to the penalties herein provided.

B. The city manager or his designee shall establish routes and days for collection and may change same from time to time. When such routes and days are established or changed, he shall give such notice thereof as he may deem advisable.

C. In all cases where he shall find practical difficulty in complying with the requirements of this chapter as to the placing of refuse for collection by the city, he shall designate where such solid waste shall be placed or kept for collection by the city and the conditions under which it shall be collected.

D. The city manager or his designee, with the approval of the city manager, shall make such rules and regulations not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the expeditious, economical and efficient collection and removal of solid waste by the city. Such rules and regulations may also relate to the required frequency of refuse collection at various locations, the type and number of refuse containers required, and the vehicles used in making such collections. The determination of the city manager or his designee shall be conclusive. (Ord. 1537 § B49, 8-6- 1996; Ord. 1615, 10-1-2002)
13-14: CHARGES FOR COLLECTION; TIME AND MANNER OF PAYMENT:

A. Fees and charges for the collection and disposal of solid waste collection by the city will be fixed by resolution of the city council.

B. Solid waste collection charges shall be included in the regular city utility bill to customers who also have city water service. When the solid waste customer does not have city water service, a separate bill for solid waste service shall be mailed to the customer who owns or controls the premises serviced.

C. All charges for solid waste service included on utility bills, or if not a part of the city utility bill, shall be due and payable at the same time as other utility charges. If a bill for solid waste is not paid within thirty (30) days after billing date, a charge of ten percent (10%) as a penalty for said delinquency shall be made and added to the amount and become a part of said delinquent utility bill; and the city may discontinue all city utility service to the premises if the bill should remain delinquent on the forty fifth day after billing.

D. All solid waste service charges are the responsibility of the customer whose name appears on the utility billing for the service. If unpaid by the customer billed who controls the premises, they shall be secured at any time by filing for record in the office of the county recorder of any county, a certificate specifying the amount of such charges and the name and address of the customer liable therefor. From the time of recordation of the certificate, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real property in the county owned by the customer or afterwards, and before the lien expires, acquired by him. The lien has the force, priority, and effect of and shall be regarded as a judgment lien, which may be extended, if unpaid, by the recording of a renewal certificate before the expiration of ten (10) years of the previously recorded certificate. (Ord. 1494A, 7- 20-1993; Ord. 1615, 10-1-2002)
13-15: BUILDING DESIGN REQUIREMENTS:

The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage or handling which will accommodate solid waste and recyclable material removal or collection. The design shall demonstrate to local land use and building permit issuing authorities that it includes the required provisions. (Ord. 1494A, 7- 20-1993; Ord. 1615, 10-1-2002)
13-16: UNLAWFUL TO BURN SOLID WASTE:

It shall be unlawful for any person to dispose of any solid waste by burning the same within the limits of the city. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-17: PENALTY FOR CONTAMINATION OF YARD WASTE:

Any customer whose yard waste container is contaminated with items other than "yard waste" as defined in section 13-2 of this chapter may be assessed an additional charge, the amount of which is set by resolution by the city council. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002)
13-18: COLLECTION OF RECYCLABLE MATERIALS:

The city may establish a separate collection service for recyclable materials, including compostable wastes, and establish specific guidelines for such service, which are consistent with the rules and regulations contained within this chapter. The city may also establish a permit for the collection of recyclable wastes. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1- 2002)
13-19: RECYCLING HAULER PERMIT REQUIREMENT AND APPLICATION:

In order to more effectively regulate, control, and monitor the amount of recyclables being deposited in landfills and document the amount diverted from the solid waste stream, it is in the best interest of the city to require those persons desiring to gather, collect, transport,

or otherwise dispose of recyclables to obtain from the city a permit to do so. Said permit to gather, collect, transport, or otherwise dispose of recyclables shall be nonexclusive. Each permit awarded hereunder shall specifically describe the type of recyclable material to be collected and disposed of. Any person desiring to obtain a recycling hauler permit to collect, gather, transport, or otherwise dispose of recyclables shall pay a fee and make an application as set forth in guidelines determined by the city manager or his designee. (Ord. 1494A, 7-20- 1993; Ord. 1615, 10-1-2002)
13-20: REFUSAL TO ISSUE PERMIT:

Nothing in this chapter shall be deemed to prevent the city manager or his designee from refusing to grant or renew any application for a recycling hauler permit when it appears that such permittee's proposed services are inconsistent with the intent of this chapter as defined in section 13-1 of this chapter, or do not serve the best interest of the people of Porterville. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002)
13-21: TERM AND RENEWAL:

The term of the permit shall become effective upon notification by the granting authority, and shall be through the end of the calendar year it was awarded. A recycling hauler permit may be renewed with the hauler's business license according to terms set forth by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-22: REPORTING REQUIREMENTS:

To assist the city in meeting its diversion goals as specified by the California integrated waste management act of 1989 (AB 939) and other state or local laws, the permittee shall maintain records including the following information:

A. The description and nature of the material (e.g., bottles, cardboard, grease, etc.) collected.

B. The name(s) and address(es) of each collection site within the city of Porterville, including amount, weight, or tonnage of the recyclables collected at each site.

C. Name and address of the site(s) where the above recyclables were disposed.

The permittee shall maintain such records for a period of five (5) years and shall, upon reasonable request, make such records available for the city's inspection.

The permittee shall also supply additional information when requested by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-23: HOME GENERATED SHARPS WASTE MANAGEMENT PROGRAM:

A. Purposes: The city of Porterville finds and declares all of the following purposes for this section:

1. To achieve the mandates imposed by the integrated waste management act of 1989 (AB 939) on a regional basis;

2. To enact a comprehensive and innovative system for the proper and legal management of home generated "sharps" waste, as defined in subsection B of this section in the city of Porterville in accordance with section 118286 of the California Health And Safety Code;

3. To enact a law that establishes a program that is convenient for consumers and the public to return and ensure the safe and environmentally sound disposal of home generated sharps waste, and to provide a "no cost" system for consumers for the return of home generated sharps waste;

4. To assure that the costs associated with the handling and disposal of home generated sharps waste are the responsibility of the producers and retailers of home generated sharps waste, and not local governments or their service providers, state or local government, or taxpayers;

5. To reduce the likelihood of the illegal disposal of home generated sharps waste;

6. To ensure that all costs associated with the proper management of home generated sharps waste are internalized by the producers and retailers of home generated sharps waste at or before the point of purchase, and not at the point of discard;

7. To assure that manufacturers and retailers of sharps, while working to achieve the goals and objectives of this section, shall have the flexibility to partner with each other, with governmental programs, and with private and nonprofit business enterprises that provide collection and processing services, to develop and promote a safe and effective home generated sharps waste management system; and

8. To provide for the safe and convenient collection and disposal of one hundred percent (100%) of the home generated sharps waste discarded in the city of Porterville at no cost to the consumer and to comply with the requirements pursuant to state Health And Safety Code prohibiting the disposal of home generated sharps waste in trash, recycling, yard waste, or landfills as of August 1, 2014.

B. Definitions:

CONSUMER: An individual who has purchased sharps for personal use for humans or animals.

CONTAINED: All home generated "sharps" (as defined herein) waste is properly secured in a "receptacle" (as defined herein) prior to delivery to a retailer for disposal.

DISTRIBUTOR: A person who sells sharps to a retailer.

HOME GENERATED: All "sharps" as defined herein derived from a household, including a multi-family residence, or a single- family residence.

PORTERVILLE AREA: The geographic area that includes the boundaries of the city of Porterville, California.

PROPER DISPOSAL OF HOME GENERATED SHARPS WASTE: Disposal in compliance with the applicable provisions of the California Health And Safety Code by means of an approved/certified medical waste disposal company.

RECEPTACLE: An FDA approved, rigid and puncture resistant container with a sealable lid that is designed specifically for transporting sharps for disposal.

RETAILER: Any entity, including, but not limited to, a person or business, or whatever form of organization, which sells sharps to a consumer, including a manufacturer of sharps who sells directly to a consumer.

SHARPS: Hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, to humans or animals.

C. Sharps Management:

1. By August 1, 2014, every retailer of sharps sold in the city of Porterville shall establish, within the retail outlet, a system for the acceptance and collection of home generated sharps waste for proper disposal.

2. Each system established by a retailer for the acceptance and collection of home generated sharps waste that is enclosed in sealed, puncture resistant receptacles during the retailer's normal hours of operation, for proper disposal shall, at a minimum, include all of the following elements:
a. A convenient location within the retail establishment for the "take back" from the consumer of home generated sharps waste at no cost to that consumer. b. Appropriate signage, prominently displayed within five feet (5') of any entrance to the retail establishment and easily visible to the consumer, indicating that the retail establishment accepts and collects contained home generated sharps waste from consumers. c. An appropriately secured receptacle or receptacles for the collection of contained home generated sharps waste within the retail establishment. The retailer shall assure that all home generated sharps waste is properly contained in a sharps receptacle and placed in a secured drop off location.
d. Assurance that the collected home generated sharps wastes are disposed within the time period established by applicable state law, as determined, from time to time by the Tulare County environmental health service department, acting as the local enforcement agency.
e. Comply with all applicable provisions of the California medical waste management act, Health And Safety Code section 117600 et seq.

3. A retailer who is required to accept contained home generated sharps waste shall, at a minimum, provide the following take back services:
a. The take back from the consumer of contained home generated sharps waste that the retailer sold or previously sold to the consumer, at no cost to that consumer. In that event, the retailer may require proof of purchase of the prior sales. The retailer shall only be required to accept contained home generated sharps waste in an amount not to exceed the amount previously sold to the consumer.
b. The take back of contained home generated sharps waste from a consumer purchasing sharps from the retailer, at no cost to the consumer. In that event, the retailer shall only be required to accept contained home generated sharps waste in an amount not to exceed the amount being purchased.
c. The take back from the consumer of contained home generated sharps waste that the retailer did not sell or previously sell to the consumer, at no cost to that consumer.

The retailer shall only be required to accept contained home generated sharps waste in an amount not to exceed the equivalent of one 2-quart size sharps container per week, per consumer, from any consumer who resides in the city of Porterville area. (Ord. 1814, 6-17- 2014)
13-24: PENALTY FOR VIOLATION:

Any person violating any of the provisions of this chapter or wilfully and knowingly refusing to comply with the rules, regulations and determination of the city manager shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed six (6) months, (or as otherwise specified in the Section 1-9 of this Municipal

Code), or by both fine and imprisonment. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002; Ord. 1814, 6-17-2014)
13-25: COMPLIANCE WITH THE ACT AND SB 1383 REGULATORY

COMPLIANCE
A. Compliance with the Act: All residential premises, multifamily residential complexes, commercial customers, franchised haulers, generators, haulers, licensed haulers, and all other entities subject to the requirements of the Act shall fully comply with the Act and all other applicable law or be subject to any applicable penalties as prescribed in 14 CCR Section 18997.2, City Code Chapter 13-24 (Penalty for Violation), or City Code Chapter 2 Article XIV (Administrative Citations), or any other applicable enforcement provision of this Code, as determined by the City Manager and/or his or her designee.

B. SB 1383 Regulatory Compliance: Organic waste generators, haulers, and all other entities subject to the requirements of SB 1383 shall fully comply with all applicable requirements, including those summarized below, or be subject to the penalties as prescribed in 14 CCR Section 18997.2, City Code Chapter 13-24 (Penalty for Violation), or City Code Chapter 2 Article XIV (Administrative Citations), or any other applicable enforcement provision of this Code, as determined by the City Manager and/or his or her designee.

1. Organic waste generators.

SB 1383 requirements that apply to organic waste generators include, but are not necessarily limited to the following:
a. All residential premises shall be automatically enrolled in the City’s threecontainer collection services for garbage, recyclable materials, and organic waste including food waste.
b. All commercial premises (including all multifamily residential complexes with five (5) or more units) must make arrangements for the diversion of recyclable materials and organic waste, either through a collection service with a solid waste franchised hauler, or by self-hauling to a permitted facility meeting the requirements specified in 14 CCR Section 18984.3. The City shall have the right to review the number and size of a generator’s containers and frequency of collection, to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial premises shall adjust their service level for their collection services as required by the City.
c. Generator shall place organic waste, including food waste, in the designated organic waste container; recyclable materials in the designated recycling container; and garbage in the designated garbage container. Generators shall not place materials designated for the garbage container into the organic waste container or recycling container.
d. Each commercial premise and multifamily residential complex property owner shall be responsible for ensuring and demonstrating its compliance with the following requirements:
i. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with requirements described below) for employees, contractors, tenants, and customers, consistent with the City’s collection service or, if self-

hauling in compliance with self-hauling requirements in Section B.c. herein.
ii. Excluding multifamily residential complexes, provide containers for the collection of organic waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial premises does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by the City’s franchised hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements, or both lids and bodies conforming to color requirements. A commercial
premises is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.

3. Multifamily residential complexes are not required to comply with container placement requirements or labeling
requirements in this Section pursuant to 14 CCR Section 18984.9(b).
iii. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.
iv. Provide education information before or within fourteen (14) days of occupation of the premises by new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage and the location of containers and the rules governing their use at each property. v. Provide or arrange access for the City or its representative to their properties during all inspections conducted in accordance with SB 1383 to confirm compliance with the requirements of this Chapter.

vi. Commercial premises, but not multifamily residential complexes, are also required to:

1. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing
materials in a container not designated for those materials per the City’s collection service.

2. Periodically inspect organic waste, recycling, and garbage containers for contamination and inform employees if
containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
vii. Nothing in this Chapter prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). e. Waivers for Generators
i. City may waive a commercial customer’s obligation (including a multifamily residential complex) to comply with some or all of the organic waste requirements of SB 1383 if the commercial customer provides documentation as described below, and the City finds that documentation supports the granting of a waiver.

1. Commercial customers requesting a de minimis waiver shall submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
a. The commercial customer’s total solid waste collection service is two cubic yards or more per week and
organic waste subject to collection in a blue container or green container comprises less than 20 gallons per
week per applicable container of the business’ total
waste; or,
b. The commercial customer’s total solid waste collection service is less than two cubic yards per week and
organic waste subject to collection in a blue container or green container comprises less than 10 gallons per
week per applicable container of the business’ total
waste.
c. Notify City if circumstances change such that
commercial customer’s organic waste exceeds
threshold required for waiver, in which case waiver will be rescinded.

2. Commercial customers or property owners may request a physical space waiver through the following process:
a. Submit an application specifying the services that they are requesting a waiver from.
b. Provide documentation that the premises lacks adequate space for blue containers and/or green containers

including documentation from its hauler, licensed
architect, or licensed engineer.
ii. Waivers shall apply for up to, but no longer than five (5) years, as determined by the Director and/or his or her designee.

2. Other entities
SB 1383 requirements that apply to other entities include, but are not necessarily limited to the following:
a. Commercial edible food generators
i. Tier one commercial edible food generators shall comply with the requirements of 14 CCR Section 18991 commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements 14 CCR Section 18991.3 commencing January 1, 2024.
ii. A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of 14 CCR Section 18991.3.
iii. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Shall keep records as specified in 14 CCR Section 18991.4.

5. Shall provide to the City a copy of any of the information they are required to track per Section 18991.4 within 30 days of request by the City.
b. Food recovery organizations and services
i. Shall maintain records as specified in 14 CCR Section 18991.5, and shall provide a copy of those records to the City within 30 days of request by the City.
c. Self-hauler Requirements
i. Any party wishing to self-haul material must apply for and receive written approval from the City.
ii. Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
iii. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green

container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste.

Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

1. Self-haulers that are commercial customers (including multifamily residential complexes) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information:
a. Delivery receipts and weight tickets from the entity accepting the waste.
b. The amount of material in cubic yards or tons
transported by the generator to each entity.
c. If the material is transported to an entity that does not have scales on-site or employs scales incapable of
weighing the Self-hauler’s vehicle in a manner that
allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that
received the organic waste.
d. Inspections and Investigations by the City
i. The City’s representatives, its designated entity, and/or designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by organic waste generators, commercial premises (including multifamily residential complexes), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection. ii. A regulated entity shall provide or arrange for access to their properties during all inspections and shall cooperate with the City’s employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for access to an entity’s premises or access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
iii. Any records obtained by the City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

iv. The City’s representatives, its designated entity, and/or designees are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
v. The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

SECTION 2: This ordinance shall be in full force and effect thirty (30) days from and after its publication and passage.

PASSED, APPROVED, AND ADOPTED this 15th day of February, 2022. ______________________________
Adrian Monte Reyes, Mayor
ATTEST:

John D. Lollis, City Clerk
By _________________________________
Patrice Hildreth, Chief Deputy City Clerk
CHAPTER 13

GARBAGE AND REFUSE
SECTION:
13-1: Declaration Of Policy
13-2: Definitions
13-3: Rules Established
13-4: Unlawful Acts
13-5: Mandatory Service
13-6: Unlawful Disposition Of Solid Waste Generally
13-7: Residential Solid Waste Collection Service
13-8: Solid Waste Receptacles
13-9: Reserved
13-10: General Provisions
13-11: Bin Container Pads And Enclosures
13-12: Special Pick Up, Disposal And Collection Event Services 13-13: Enforcement; Powers And Duties Of City Manager Or His Designee 13-14: Charges For Collection; Time And Manner Of Payment 13-15: Building Design Requirements
13-16: Unlawful To Burn Solid Waste
13-17: Penalty For Contamination Of Yard Waste
13-18: Collection Of Recyclable Materials
13-19: Recycling Hauler Permit Requirement And Application 13-20: Refusal To Issue Permit
13-21: Term And Renewal
13-22: Reporting Requirements
13-23: Home Generated Sharps Waste Management Program
13-24: Penalty For Violation
13-25: Compliance With The Act And SB 1383 Regulatory Compliance 13-1: DECLARATION OF POLICY:

It is hereby declared to be the purpose of this chapter to regulate the collection, transport, and disposal of solid waste in order to protect the public safety, health and welfare and to enhance the environment of the people of Porterville. Further, it is the purpose of this chapter to regulate the collection and disposition of recyclables generated within the city and to establish reporting requirements and guidelines that shall be followed by licensees to minimize the amount of such recyclables deposited into landfills. (Ord. 1494A, 7-20- 1993)
13-2: DEFINITIONS:

For the purpose of this chapter, the following words and phrases shall have the meanings given herein unless their use in the text of this chapter clearly demonstrates a different meaning:

ACT: the California Integrated Waste Management Act of 1989 (sometimes referred to as “AB 939”), Public Resources Code § 40000 and following as it may be amended, and as implemented by the regulations of CalRecycle.

ALLEY SERVICE: Such service where solid waste containers are placed at the property line in through alleys.

BIN CONTAINER SERVICE: A stationary container supported on casters or skids and approved by the city manager or his designee for mechanical handling by the collection trucks.

CALRECYCLE: The California Department of Resources Recycling and Recovery, or its successor agency.

COMMERCIAL EDIBLE FOOD GENERATOR: includes a tier one or a tier two commercial edible food generator as defined in 14 CCR Section 18982(a)(73) and (a)(74).

COMPACTED WASTE: Solid waste which is mechanically compressed to reduce the dimensions of the waste.

CONSTRUCTION AND DEMOLITION WASTES: Shall mean and include the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of pavements and structures.

CURB SERVICE: Such service where the solid waste containers are picked up by the city at the front curb line of the customer's property.

DISCARDED: Thrown away, abandoned, worthless, or having lack of economic value.

EDIBLE FOOD: Food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “edible food” is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

FOOD RECOVERY SERVICE: An entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.

HAULER: A person who collects material from a generator and delivers it to a reporting entity, end user, or a destination outside of the state. “Hauler” includes public contract haulers, private contract haulers, food waste self-haulers, and self-haulers. A person who transports material from a reporting entity to another person is a transporter, not a hauler.

HOUSEHOLD HAZARDOUS WASTE: Those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. The city manager or his designee shall determine those substances deemed hazardous for the purpose of the city's disposal system.

INDUSTRIAL WASTE: Solid wastes or waste material resulting or left over from industrial processes and manufacturing operations, including, but not limited to, fibers, fabrics, plastics, styrofoam, rubber, resins, metals, slag, wood products such as sawdust and shavings, packing materials, putrescible material from food processing plants and slaughterhouses, condemned foods, cinders and ashes from power plants and incinerators, and miscellaneous manufacturing wastes. Such industrial waste is distinguished from ordinary commercial refuse or so called trade wastes which emanate from stores, hotels, restaurants, and markets.

MULTIPLE-FAMILY DWELLING: A building designed for residential occupancy and shall include duplexes, triplexes, apartments of four (4) or more units, bungalows in a bungalow court, apartment houses, flats, condominium units, and mobile homes.

ORGANIC MATERIALS, ORGANICS, and ORGANIC WASTE: Food scraps and trimmings from food preparation, including but not limited to: meat, fish and dairy waste, fruit and vegetable waste, grain waste, stable matter, and acceptable food packaging items such as pizza boxes, paper towels, waxed cardboard, food-contaminated paper products, plant debris, such as palm, yucca and cactus, ivy, grass clippings, leaves, pruning, weeds, branches, brush, and holiday trees. Classification of materials subject to change pending Refuse Contractor processing capability.

ORGANIC WASTE GENERATOR: A person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48) of SB 1383.

RECYCLABLES: Shall include those materials that have value and can be diverted from landfill disposal. "Recyclables" can further be defined as those materials that by collecting, sorting, cleansing, treating, reconstituting, and processing can be returned to the economic mainstream in the form of raw materials for new, reused, or reconstituted products.

REFUSE or GARBAGE: Rags, household ashes, wearing apparel, household goods and such worthless, useless, unused, rejected and cast off matter produced by and as the result of human habitation and the transaction of business within the city, that can be properly and safely collected and transported in a collection vehicle.

RESIDENTIAL PREMISES: All residentially zoned lots used for residential purposes, excluding premises with multi-family structures consisting of five or more units.

SB 1383: The Short-Lived Climate Pollutants: Methane Emissions: Dairy and Livestock:

Organic Waste: Landfills Act of 2016. Article 4 Title 14, Division 4, Chapter 12 of the California Code of Regulations.

SELF-HAULER: A generator that collects solid waste at their premises or place of business for the purpose of hauling those materials in their own vehicles to a permitted solid waste facility in compliance with the requirements of this chapter.

SINGLE-FAMILY DWELLING: Any detached building used exclusively for occupancy by one family, excluding bungalows in a bungalow court, residential condominium units, and mobile homes.

SOLID WASTE: All putrescible and non-putrescible solid and semisolid wastes; including garbage, trash, refuse, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include hazardous, low level radioactive, or medical wastes. "Solid waste" as herein defined shall not include materials source-separated by the generator for the purpose of recycling, reuse, repair or composting.

SPECIAL PICK UP: The collection of solid waste that exceeds the scope of standard residential or commercial service as set forth in this chapter, or any material not defined in this section as solid waste.

STANDARD RESIDENTIAL CONTAINER: Roll out container(s) provided by city.

TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR: A commercial edible food generator that is one of the following:

A. Supermarkets with gross annual sales of $2,000,000 or more.

B. Grocery store with a total facility size equal to or greater than 10,000 square feet.

C. Food service provider.

D. Wholesale food vendor.

SB 1383 Tier 1 commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2022 or face significant financial penalties as prescribed in 14 CCR Section 18997.2, City Code Chapter 13-24 (Penalty for Violation), or City Code Chapter 2 Article XIV (Administrative Citations) as determined by the City Manager and/or his or her designee.

TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR: A commercial edible food generator that is one of the following:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large venue.

E. Large event.

F. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A local education agency facility with an on-site food facility.

SB 1383 Tier 2 Commercial edible food generators are required to comply with SB 1383 regulations by January 1, 2024 or face significant financial penalties as prescribed in 14 CCR Section 18997.2, City Code Chapter 13-24 (Penalty for Violation), or City Code Chapter 2 Article XIV (Administrative Citations), or any other applicable enforcement provision of this Code, as determined by the City Manager and/or his or her designee.

WASTE MATTER: Solid waste such as heavy or bulk materials which can be properly and safely collected and transported by special pick up vehicles. The city manager or his designee shall determine those materials suitable for special pick up service.

YARD WASTE: Lawn clippings, tree and shrubbery trimmings, and leaves that can be properly and safely collected and transported in a collection vehicle. (Ord. 1615, 10-1- 2002)
13-3: RULES ESTABLISHED:

The following rules, as contained in this chapter, covering the handling of accumulations of garbage, refuse, yard waste, and waste matter to be observed by the occupants of places of residence and places of business in the city are hereby established. (Ord. 1494A, 7-20- 1993; Ord. 1615, 10-1-2002)
13-4: UNLAWFUL ACTS:

A. Prohibitions:

1. Solid Waste Accumulations: It shall be unlawful for any person, owner or occupant of any building, lot or premises in the city to suffer, allow or permit the accumulation of solid waste of any description to become or remain offensive, unsightly or unsafe to public health or hazardous from fire, or to deposit, transport, keep, accumulate or permit or cause any solid waste to be deposited, placed or accumulated upon any lot or parcel of land, or any public or private container, place, street, land, alley or driveway except in the manner prescribed in this chapter.

2. Illegal Use Of Containers: It shall be unlawful for any person to deposit refuse into containers, bins, or roll off containers which are not assigned to the property at which the refuse is generated.

3. Illegal Collection Or Removal Of Recyclables: It shall be unlawful for any person, other than the city or the city's designee, to collect or remove materials which have been segregated for the purpose of recycling and placed in a designated recycling receptacle.

4. Placing Prohibited Materials In Recycling Receptacles: It shall be unlawful for any person to willingly place any materials in the recycling receptacles that do not meet the criteria defined under section 13-2 of this chapter.

5. Taking Or Pilfering Of Recyclables Or Any Other Item: It shall be unlawful for any person to take or pilfer, for his/her own use or benefit:
a. The recyclables of any other person.
b. The recyclables from any city operated drop off facilities. Recyclables donated to the drop off facility are considered the property of the city. c. Any item placed into any city owned trash receptacle designated for disposal.

6. Refuse Disposal Into Or Near Recycling Drop Off Facilities: It shall be unlawful for any person to dispose of "refuse", as defined under section 13-2 of this chapter, into or around city operated drop off facilities.

B. Nuisance Declared: Each and all of the conditions specified in subsection A of this section constitute a public nuisance, and are unlawful, in violation of this chapter and are subject to immediate abatement by any officer of this city. Any costs associated with enforcement and abatement which the city incurs may be charged to the offending party or property owner for reimbursement.

C. Recycling Location An Individual Choice: Nothing herein shall prohibit a person from selling, giving away, or otherwise legally diverting their own recyclable materials to a location of their choice. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-5: MANDATORY SERVICE:

It shall be mandatory for every property owner within the city to receive city disposal service and billing therefor, except those industrial businesses whose volume of waste might exceed what services the city could offer. Minimum levels of city residential, commercial, and industrial refuse service shall be determined by city council and set by resolution. City refuse service above the minimum level may be required to protect public safety, health, and welfare, as required by this chapter. The necessity of such increased levels of service shall be determined by the city manager or his designee. (Ord. 1494A, 7- 20-1993; Ord. 1615, 10-1-2002)
13-6: UNLAWFUL DISPOSITION OF SOLID WASTE GENERALLY:

It shall be unlawful for any person to engage in or carry on the business of hauling or removing garbage, refuse or waste matter within the city without written permission from city manager. Any person engaging in or carrying on the business of hauling or removing recyclables must have the written permission of the city manager as set forth in section 13- 19 of this chapter. Disputes over whether material should be classified as recyclable or solid waste will be resolved by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002)
13-7: RESIDENTIAL SOLID WASTE COLLECTION SERVICE:

A. Frequency, Amount, And Location Of Collection: The city shall provide collection service from all dwelling units in the city at frequencies and amounts to be determined by city council and set by resolution. Residential service shall be at curbside unless otherwise authorized by the city manager or his designee.

B. Responsibilities Of Curb Service Customers: All curb service customers shall place their solid waste containers at the curb or property line and shall remove the empty containers in accordance with time schedules as determined by the city manager or his designee.

C. Alley Service Customers; Placement Of Containers: Alley service will only be provided if criteria developed by the city manager or his designee is met, and such service is compatible with overall collection service objectives. Customers receiving alley service shall place their solid waste containers at the property line in through alleys and shall remove the empty containers in accordance with time schedules as determined by the city manager or his designee.

D. Container Service: Bin container service may be used in residential areas for apartments and multiple dwellings and for single-unit dwellings if approved by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1537 § B45, 8-6-1996; Ord. 1615, 10-1-2002)
13-8: SOLID WASTE RECEPTACLES:

The occupant, tenant or lessee of any house, dwelling, flat, apartment building, mobile home, motel, hotel, restaurant or other place of business or residence within the city where solid waste is produced or accumulated and where individual container service is authorized shall keep, in a place where it will not constitute a nuisance, a city approved container for receiving and holding all of the solid waste which accumulates on the premises between the time of successive collections. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002)
13-9: RESERVED:
(Ord. 1537 § B46, 8-6-1996; Ord. 1615, 10-1-2002)
13-10: GENERAL PROVISIONS:

A. Where commercial collections are made from private alleys and access ways, said approaches shall be maintained in such a manner as not to be a hazard to collection personnel and equipment, and provide a safe and convenient entrance to and through the premises for the purpose of collecting refuse.

B. The approach to containers furnished by the city must be kept clear. An inaccessible container will not be dumped at the scheduled time. There will be an extra charge to dump a container other than at the regularly scheduled time, or if it is necessary to return to the collection site due to inaccessibility of the collection container.

C. Overfilled containers and excess trash on top of containers pose a hazard to collection vehicles and personnel and may not be dumped at the scheduled time. If an overfilled container is able to be dumped, it shall constitute a special haul and will require an extra charge.

D. Compacted commercial waste requires special handling due to increased weight associated with compaction. Compacted waste will be subject to increased collection charges and may require restrictions on the volume of waste accumulated between collection days.

E. All persons or businesses utilizing city owned containers are responsible for the sanitary conditions of each container or receptacle and the proximity thereof and must keep lids and doors closed when not in use. A charge may be assessed when steam cleaning of containers is requested by customers. All persons and businesses will be responsible for burned or damaged containers due to other than normal wear and tear and will be charged for necessary repairs. Bin containers may be fitted with lid locks at the request of the customer. A charge will be assessed for installation and repair of such locks.

F. Items that are likely to cause damage to regular city containers or the collection vehicles will not be regularly picked up. Such examples are, but are not limited to, timbers or tree trunks larger than four inches (4") in diameter or longer than five feet (5'), engine blocks, heads, transmissions, axles, spring assemblies, tires or draft shafts, all of which shall constitute a special haul. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-11: BIN CONTAINER PADS AND ENCLOSURES:

A. All bin container services shall require a concrete bin pad to ensure that the bin can be conveniently serviced. Each bin type container, regardless of the cubic yard capacity, shall require a concrete pad six inches (6") thick and six feet by ten feet (6' x 10') for each bin.

The bin container pad shall be poured to the existing ground level, ensuring that the pad is neither too high nor too low, creating collection problems. There shall be a fence erected around the bin pad storage area. Such fencing shall conform with city specifications as specified by the city manager or his designee.

B. Temporary bin service may be provided at a residential or commercial site at the request of the customer for short term cleanup activities and do not require a bin enclosure. Temporary bin service shall not be utilized in lieu of permanent disposal service.

Temporary bin location and on site duration may be limited so as not to constitute a public nuisance. Temporary bins determined to constitute a public nuisance may be immediately removed at the discretion of the city manager or his designee. (Ord. 1537 § B47, 8-6-1996; Ord. 1615, 10-1-2002; Ord. 1801, 12-3-2013)
13-12: SPECIAL PICK UP, DISPOSAL AND COLLECTION EVENT SERVICES:

A. The removal of dirt, sod, tree stumps, stones, broken concrete, furniture and appliances and other building materials is not considered to be normal household solid waste service. Periodic collection of accumulations of excess solid waste within the city, in addition to that provided for above, shall be made on the request of a resident. These services will be handled on a special pick up basis for which an extra charge is made. Tree and shrub trimmings which cannot be accommodated in the city provided yard waste cart shall be handled on a special pick up basis for which an extra charge will be made.

B. The following services are considered "special requests" and will be charged an additional fee as determined by city council and set by resolution. "Special requests" include, but are not limited to: extra pick up of residential, commercial, and industrial containers; same day delivery, emptying, or removal of temporary bins; same day delivery, emptying, removal or relocation of temporary or permanent roll off containers; standby time of collection personnel at customer request or to accommodate customer needs; same day return to empty a container or bin that was inaccessible, overfilled, or contaminated.

C. The disposal of substances determined to be household hazardous materials shall be restricted to special collection events or sites as approved by city council.

D. The city manager or his designee shall determine those waste materials suitable for special pick up service. (Ord. 1537 § B48, 8-6-1996; Ord. 1615, 10-1-2002) 13-13: ENFORCEMENT; POWERS AND DUTIES OF CITY MANAGER OR HIS DESIGNEE:

A. The city manager or his designee shall supervise the collection and removal of all solid waste by the city and shall enforce the provisions of this chapter. He shall have the right to inspect any and all premises for the purpose of determining whether the provisions of this chapter are being observed. Any person denying or obstructing such inspection shall be subject to the penalties herein provided.

B. The city manager or his designee shall establish routes and days for collection and may change same from time to time. When such routes and days are established or changed, he shall give such notice thereof as he may deem advisable.

C. In all cases where he shall find practical difficulty in complying with the requirements of this chapter as to the placing of refuse for collection by the city, he shall designate where such solid waste shall be placed or kept for collection by the city and the conditions under which it shall be collected.

D. The city manager or his designee, with the approval of the city manager, shall make such rules and regulations not inconsistent with the provisions of this chapter as may be necessary, reasonable and proper to effect the expeditious, economical and efficient collection and removal of solid waste by the city. Such rules and regulations may also relate to the required frequency of refuse collection at various locations, the type and number of refuse containers required, and the vehicles used in making such collections. The determination of the city manager or his designee shall be conclusive. (Ord. 1537 § B49, 8- 6-1996; Ord. 1615, 10-1-2002)
13-14: CHARGES FOR COLLECTION; TIME AND MANNER OF PAYMENT:

A. Fees and charges for the collection and disposal of solid waste collection by the city will be fixed by resolution of the city council.

B. Solid waste collection charges shall be included in the regular city utility bill to customers who also have city water service. When the solid waste customer does not have city water service, a separate bill for solid waste service shall be mailed to the customer who owns or controls the premises serviced.

C. All charges for solid waste service included on utility bills, or if not a part of the city utility bill, shall be due and payable at the same time as other utility charges. If a bill for solid waste is not paid within thirty (30) days after billing date, a charge of ten percent (10%) as a penalty for said delinquency shall be made and added to the amount and become a part of said delinquent utility bill; and the city may discontinue all city utility service to the premises if the bill should remain delinquent on the forty fifth day after billing.

D. All solid waste service charges are the responsibility of the customer whose name appears on the utility billing for the service. If unpaid by the customer billed who controls the premises, they shall be secured at any time by filing for record in the office of the county recorder of any county, a certificate specifying the amount of such charges and the name and address of the customer liable therefor. From the time of recordation of the certificate, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real property in the county owned by the customer or afterwards, and before the lien expires, acquired by him. The lien has the force, priority, and effect of and shall be regarded as a judgment lien, which may be extended, if unpaid, by the recording of a renewal certificate before the expiration of ten (10) years of the previously recorded certificate. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-15: BUILDING DESIGN REQUIREMENTS:

The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage or handling which will accommodate solid waste and recyclable material removal or collection. The design shall demonstrate to local land use and building permit issuing authorities that it includes the required provisions. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002)
13-16: UNLAWFUL TO BURN SOLID WASTE:

It shall be unlawful for any person to dispose of any solid waste by burning the same within the limits of the city. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-17: PENALTY FOR CONTAMINATION OF YARD WASTE:

Any customer whose yard waste container is contaminated with items other than "yard waste" as defined in section 13-2 of this chapter may be assessed an additional charge, the amount of which is set by resolution by the city council. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002)
13-18: COLLECTION OF RECYCLABLE MATERIALS:

The city may establish a separate collection service for recyclable materials, including compostable wastes, and establish specific guidelines for such service, which are consistent with the rules and regulations contained within this chapter. The city may also establish a permit for the collection of recyclable wastes. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1- 2002)
13-19: RECYCLING HAULER PERMIT REQUIREMENT AND APPLICATION:

In order to more effectively regulate, control, and monitor the amount of recyclables being deposited in landfills and document the amount diverted from the solid waste stream, it is in the best interest of the city to require those persons desiring to gather, collect, transport, or otherwise dispose of recyclables to obtain from the city a permit to do so. Said permit to gather, collect, transport, or otherwise dispose of recyclables shall be nonexclusive. Each permit awarded hereunder shall specifically describe the type of recyclable material to be collected and disposed of. Any person desiring to obtain a recycling hauler permit to collect, gather, transport, or otherwise dispose of recyclables shall pay a fee and make an application as set forth in guidelines determined by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002)
13-20: REFUSAL TO ISSUE PERMIT:

Nothing in this chapter shall be deemed to prevent the city manager or his designee from refusing to grant or renew any application for a recycling hauler permit when it appears that such permittee's proposed services are inconsistent with the intent of this chapter as defined in section 13-1 of this chapter, or do not serve the best interest of the people of Porterville. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-21: TERM AND RENEWAL:

The term of the permit shall become effective upon notification by the granting authority, and shall be through the end of the calendar year it was awarded. A recycling hauler permit may be renewed with the hauler's business license according to terms set forth by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-22: REPORTING REQUIREMENTS:

To assist the city in meeting its diversion goals as specified by the California integrated waste management act of 1989 (AB 939) and other state or local laws, the permittee shall maintain records including the following information:

A. The description and nature of the material (e.g., bottles, cardboard, grease, etc.) collected.

B. The name(s) and address(es) of each collection site within the city of Porterville, including amount, weight, or tonnage of the recyclables collected at each site.

C. Name and address of the site(s) where the above recyclables were disposed.

The permittee shall maintain such records for a period of five (5) years and shall, upon reasonable request, make such records available for the city's inspection.

The permittee shall also supply additional information when requested by the city manager or his designee. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002) 13-23: HOME GENERATED SHARPS WASTE MANAGEMENT PROGRAM:

A. Purposes: The city of Porterville finds and declares all of the following purposes for this section:

1. To achieve the mandates imposed by the integrated waste management act of 1989 (AB 939) on a regional basis;

2. To enact a comprehensive and innovative system for the proper and legal management of home generated "sharps" waste, as defined in subsection B of this section in the city of Porterville in accordance with section 118286 of the California Health And Safety Code;

3. To enact a law that establishes a program that is convenient for consumers and the public to return and ensure the safe and environmentally sound disposal of home generated sharps waste, and to provide a "no cost" system for consumers for the return of home generated sharps waste;

4. To assure that the costs associated with the handling and disposal of home generated sharps waste are the responsibility of the producers and retailers of home generated sharps waste, and not local governments or their service providers, state or local government, or taxpayers;

5. To reduce the likelihood of the illegal disposal of home generated sharps waste;

6. To ensure that all costs associated with the proper management of home generated sharps waste are internalized by the producers and retailers of home generated sharps waste at or before the point of purchase, and not at the point of discard;

7. To assure that manufacturers and retailers of sharps, while working to achieve the goals and objectives of this section, shall have the flexibility to partner with each other, with governmental programs, and with private and nonprofit business enterprises that provide collection and processing services, to develop and promote a safe and effective home generated sharps waste management system; and

8. To provide for the safe and convenient collection and disposal of one hundred percent (100%) of the home generated sharps waste discarded in the city of Porterville at no cost to the consumer and to comply with the requirements pursuant to state Health And Safety Code prohibiting the disposal of home generated sharps waste in trash, recycling, yard waste, or landfills as of August 1, 2014.

B. Definitions:

CONSUMER: An individual who has purchased sharps for personal use for humans or animals.

CONTAINED: All home generated "sharps" (as defined herein) waste is properly secured in a "receptacle" (as defined herein) prior to delivery to a retailer for disposal.

DISTRIBUTOR: A person who sells sharps to a retailer.

HOME GENERATED: All "sharps" as defined herein derived from a household, including a multi-family residence, or a single- family residence.

PORTERVILLE AREA: The geographic area that includes the boundaries of the city of Porterville, California.

PROPER DISPOSAL OF HOME GENERATED SHARPS WASTE: Disposal in compliance with the applicable provisions of the California Health And Safety Code by means of an approved/certified medical waste disposal company.

RECEPTACLE: An FDA approved, rigid and puncture resistant container with a sealable lid that is designed specifically for transporting sharps for disposal.

RETAILER: Any entity, including, but not limited to, a person or business, or whatever form of organization, which sells sharps to a consumer, including a manufacturer of sharps who sells directly to a consumer.

SHARPS: Hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, to humans or animals.

C. Sharps Management:

1. By August 1, 2014, every retailer of sharps sold in the city of Porterville shall establish, within the retail outlet, a system for the acceptance and collection of home generated sharps waste for proper disposal.

2. Each system established by a retailer for the acceptance and collection of home generated sharps waste that is enclosed in sealed, puncture resistant receptacles during the retailer's normal hours of operation, for proper disposal shall, at a minimum, include all of the following elements:
a. A convenient location within the retail establishment for the "take back" from the consumer of home generated sharps waste at no cost to that consumer. b. Appropriate signage, prominently displayed within five feet (5') of any entrance to the retail establishment and easily visible to the consumer, indicating that the retail establishment accepts and collects contained home generated sharps waste from consumers.
c. An appropriately secured receptacle or receptacles for the collection of contained home generated sharps waste within the retail establishment. The retailer shall assure that all home generated sharps waste is properly contained in a sharps receptacle and placed in a secured drop off location.
d. Assurance that the collected home generated sharps wastes are disposed within the time period established by applicable state law, as determined, from time to time by the Tulare County environmental health service department, acting as the local enforcement agency.
e. Comply with all applicable provisions of the California medical waste management act, Health And Safety Code section 117600 et seq.

3. A retailer who is required to accept contained home generated sharps waste shall, at a minimum, provide the following take back services:
a. The take back from the consumer of contained home generated sharps waste that the retailer sold or previously sold to the consumer, at no cost to that consumer. In that event, the retailer may require proof of purchase of the prior sales. The retailer shall only be required to accept contained home generated sharps waste in an amount not to exceed the amount previously sold to the consumer.
b. The take back of contained home generated sharps waste from a consumer purchasing sharps from the retailer, at no cost to the consumer. In that event, the retailer shall only be required to accept contained home generated sharps waste in an amount not to exceed the amount being purchased.
c. The take back from the consumer of contained home generated sharps waste that the retailer did not sell or previously sell to the consumer, at no cost to that consumer. The retailer shall only be required to accept contained home generated sharps waste in an amount not to exceed the equivalent of one 2-quart size sharps container per week, per consumer, from any consumer who resides in the city of Porterville area. (Ord. 1814, 6-17- 2014)
13-24: PENALTY FOR VIOLATION:

Any person violating any of the provisions of this chapter or wilfully and knowingly refusing to comply with the rules, regulations and determination of the city manager shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed six (6) months, (or as otherwise specified in the Section 1-9 of this Municipal Code), or by both fine and imprisonment. (Ord. 1494A, 7-20-1993; Ord. 1615, 10-1-2002; Ord. 1814, 6-17-2014)
13-25: COMPLIANCE WITH THE ACT AND SB 1383 REGULATORY COMPLIANCE A. Compliance with the Act: All residential premises, multifamily residential complexes, commercial customers, franchised haulers, generators, haulers, licensed haulers, and all other entities subject to the requirements of the Act shall fully comply with the Act and all other applicable law or be subject to any applicable penalties as prescribed in 14 CCR Section 18997.2, City Code Chapter 13-24 (Penalty for Violation), or City Code Chapter 2 Article XIV (Administrative Citations), or any other applicable enforcement provision of this Code, as determined by the City Manager and/or his or her designee.

B. SB 1383 Regulatory Compliance: Organic waste generators, haulers, and all other entities subject to the requirements of SB 1383 shall fully comply with all applicable requirements, including those summarized below, or be subject to the penalties as prescribed in 14 CCR Section 18997.2, City Code Chapter 13-24 (Penalty for Violation), or City Code Chapter 2 Article XIV (Administrative Citations), or any other applicable enforcement provision of this Code, as determined by the City Manager and/or his or her designee.

1. Organic waste generators.

SB 1383 requirements that apply to organic waste generators include, but are not necessarily limited to the following:
a. All residential premises shall be automatically enrolled in the City’s threecontainer collection services for garbage, recyclable materials, and organic waste including food waste.
b. All commercial premises (including all multifamily residential complexes with five (5) or more units) must make arrangements for the diversion of recyclable materials and organic waste, either through a collection service with a solid waste franchised hauler, or by self-hauling to a permitted facility meeting the requirements specified in 14 CCR Section 18984.3. The City shall have the right to review the number and size of a generator’s containers and frequency of collection, to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial premises shall adjust their service level for their collection services as required by the City.
c. Generator shall place organic waste, including food waste, in the designated organic waste container; recyclable materials in the designated recycling container; and garbage in the designated garbage container. Generators shall not place materials designated for the garbage container into the organic waste container or recycling container.
c. Each commercial premise and multifamily residential complex property owner shall be responsible for ensuring and demonstrating its compliance with the following requirements:
i. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with requirements described below) for employees, contractors, tenants, and customers, consistent with the City’s collection service or, if self-hauling in compliance with self-hauling requirements in Section B.c. herein. ii. Excluding multifamily residential complexes, provide containers for the collection of organic waste and recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial premises does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by the City’s franchised hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements, or both lids and bodies conforming to color requirements. A commercial premises is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers
commencing January 1, 2022.

3. Multifamily residential complexes are not required to comply with container placement requirements or labeling requirements in this Section pursuant to 14 CCR Section 18984.9(b).
iii. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste and source separated recyclable materials.
iv. Provide education information before or within fourteen (14) days of occupation of the premises by new tenants that describes requirements to keep source separated organic waste and source separated recyclable materials separate from garbage and the location of containers and the rules governing their use at each property.
v. Provide or arrange access for the City or its representative to their properties during all inspections conducted in accordance with SB 1383 to confirm compliance with the requirements of this Chapter. vi. Commercial premises, but not multifamily residential complexes, are also required to:

1. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the City’s collection service.

2. Periodically inspect organic waste, recycling, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). vii. Nothing in this Chapter prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
d. Waivers for Generators
i. City may waive a commercial customer’s obligation (including a multifamily residential complex) to comply with some or all of the organic waste requirements of SB 1383 if the commercial customer provides documentation as described below, and the City finds that documentation supports the granting of a waiver.

1. Commercial customers requesting a de minimis waiver shall submit an application specifying the services that they are requesting a waiver from and provide documentation that either:
a. The commercial customer’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per
applicable container of the business’ total waste; or,
b. The commercial customer’s total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per
applicable container of the business’ total waste.
c. Notify City if circumstances change such that commercial customer’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

2. Commercial customers or property owners may request a physical space waiver through the following process:
a. Submit an application specifying the services that they are requesting a waiver from.
b. Provide documentation that the premises lacks adequate space for blue containers and/or green containers
including documentation from its hauler, licensed architect, or licensed engineer.
ii. Waivers shall apply for up to, but no longer than five (5) years, as determined by the Director and/or his or her designee.

2. Other entities
SB 1383 requirements that apply to other entities include, but are not necessarily limited to the following:
a. Commercial edible food generators
i. Tier one commercial edible food generators shall comply with the requirements of 14 CCR Section 18991 commencing January 1, 2022. Tier two commercial edible food generators shall comply with the requirements 14 CCR Section 18991.3 commencing January 1, 2024.
ii. A large venue or large event operator that does not provide food services, but allows for food to be provided, shall require food facilities operating at the large venue or large event to comply with the requirements of 14 CCR Section 18991.3.
iii. Commercial edible food generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.

2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

4. Shall keep records as specified in 14 CCR Section 18991.4.

5. Shall provide to the City a copy of any of the information they are required to track per Section 18991.4 within 30 days of request by the City.
b. Food recovery organizations and services
i. Shall maintain records as specified in 14 CCR Section 18991.5, and shall provide a copy of those records to the City within 30 days of request by the City.
c. Self-hauler Requirements
i. Any party wishing to self-haul material must apply for and receive written approval from the City.
ii. Self-haulers shall source separate all recyclable materials and organic waste generated on-site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
iii. Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste.

Alternatively, self-haulers may haul organic waste to a high diversion organic waste processing facility.

1. Self-haulers that are commercial customers (including multifamily residential complexes) shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the City. The records shall include the following information:
a. Delivery receipts and weight tickets from the entity accepting the waste.
b. The amount of material in cubic yards or tons transported by the generator to each entity.
c. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste. d. Inspections and Investigations by the City
i. The City’s representatives, its designated entity, and/or designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by organic waste generators, commercial premises (including multifamily residential complexes), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for inspection. ii. A regulated entity shall provide or arrange for access to their properties during all inspections and shall cooperate with the City’s employee or its designated entity/designee during such inspections and investigations.

Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance described herein.

Failure to provide or arrange for access to an entity’s premises or access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
iii. Any records obtained by the City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
iv. The City’s representatives, its designated entity, and/or designees are authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
v. The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

Item No. 14.

CITY COUNCIL AGENDA – FEBRUARY 15, 2022
SUBJECT: Approval for Community Civic Event - Porterville Breakfast Rotary - Run for Life - May 7, 2022
SOURCE: Finance
COMMENT: The Porterville Breakfast Rotary Club is requesting approval to hold the "Run for Life" event on May 7, 2022, beginning at 8:00 a.m. The event is a 5k Run / Walk starting and finishing at Granite Hills High School. The Club is requesting the use of sidewalks along Putnam Avenue, Olive Avenue, Crestview Street, Morton Avenue and Conner Street.

This request is made under the Community Civic Event Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements are listed on the attached copy of the Application and Agreement, Exhibit A and Exhibit B. The City Council's COVID-19 Ad Hoc Committee reviewed and approved the application. Event organizers are required to adhere to all local, State and Federal guidelines and limitations pertaining to COVID-19.

RECOMMENDATION: That the City Council approve the Porterville Breakfast Rotary application for a community civic event permit to hold the 'Run for Life' event on May 7, 2022, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A and Exhibit B.

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

Review By:

Department Director:

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

Item No. 15.

CITY COUNCIL AGENDA – FEBRUARY 15, 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. At its meeting on February 1, 2022, due to the Mayor's absence, the Council directed staff to carry over the item to its meeting of February 15, 2022.

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
Item No. 15.

2. 5-Year Fireworks Citation Collections

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. 16.

CITY COUNCIL AGENDA – FEBRUARY 15, 2022
SUBJECT: Consideration of Litter Abatement Program
SOURCE: Community Development
COMMENT: At its meeting on May 17, 2021, the Tulare County Association of Governments (TCAG) Board of Directors authorized Tulare County Transportation Authority (TCTA) Measure R funds through Resolution No. 2021-101, for a 3-year Litter Abatement Pilot (LAP) Program in the City of Porterville, to service two State highways (SR-190 and SR-65) within the city limits. At its meeting on June 15, 2021, with the consideration of the budget, the City Council appropriated up to $50,000 in funding to develop a litter abatement program. The program is planned to be completed in partnership with the California Department of Transportation (Caltrans) District 6 and TCAG. Subsequently, staff reached out to local non-profit agencies that have the capacity to operate a litter abatement program and provide employment opportunities for individuals experiencing homelessness.

The proposed program includes one crew of four individuals and one supervisor completing two cleaning cycles per month on State Route 65 and State Route 190 within the city limits, as well as off-ramps and other transportation rights of way near the state routes where litter accumulates. TCAG allocated funds specifically for the Porterville SR 190 and SR 65 corridor improvement component with Measure “R” funds. The California Department of Transportation District 6 has also committed to matching local funds as well as utilizing Clean California funds to support the program, allocating $80,000 for the Porterville Delegated Maintenance Agreement for three years. TCAG has committed $42,000 of Measure R TCTA funds annually. The TCAG Board will consider an additional appropriation of $20,000 of Measure R funds to cover the estimated expenses of purchasing the required equipment for the first year of the program. This cross jurisdictional approach brings a variety of funding sources (state/regional/local) to address the litter problem as it overlaps jurisdictions and provides employment opportunities for individuals experiencing homelessness. The use of Caltrans funds will be limited to state highways. The proposed funding for the Litter Abatement program is broken down below.
3 Year Program
Source of Funding Year 1 Year 2 Year 3
TCAG $62,000 $42,000 $42,000
Caltrans $80,000 $80,000 $80,000
City of Porterville $50,000 $50,000 $50,000
Item No. 16.

Total $192,000 $172,000 $172,000
The program requires that the City enter into a Delegated Maintenance with Caltrans (Attachment 2) for the ability to access the state funding and perform the cleanup efforts in the State right of way.

Staff is requesting that the Council allocate up to $50,000 of Measure I funds annually for three years for the implementation of a litter abatement program, and approve the Delegated Maintenance Agreement with Caltrans.

Additionally, staff is requesting that the Council approve the attached draft agreement with a local non-profit agency that can execute the program.

Through outreach to the local non-profit agencies, staff has identified Community Services and Employment Training, Inc. (CSET). CSET currently operates similar litter abatement programs within Tulare County that provide employment and training opportunities for individuals experiencing homelessness. The agreement will enable CSET to operate as the contractor for the Litter Abatement Program for the City. CSET has noted that they have the capacity and experience to begin the LAP in a timely manner.

RECOMMENDATION: That the City Council:

1. Approve the State of California Department of
Transportation Delegated Maintenance Agreement;

2. Approve the agreement with CSET for the execution of the Litter Abatement Program;

3. Authorize the Mayor and City Manager to execute all
necessary documents; and

4. Appropriate up to $50,000 of Measure I funds per year for three (3) years to support the Litter Abatement Program ATTACHMENTS: 1. Draft Delegated Maintenance Agreement

2. Draft Independent Contractor's Agreement

3. Locator Map

4. Tulare County Association of Governments Resolution No. 2021-101
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Item No. 16.

Final Approver: John Lollis, City Manager
04/27/2021

CITY OF PORTERVILLE
SR 65 & 190
1 DELEGATED MAINTENANCE AGREEMENT

WITH THE CITY OF PORTERVILLE
THIS AGREEMENT, is made effective this ______ day of ____________, 2021, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE,” and the CITY of Porterville; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.

AGREEMENT

1. The PARTIES desire to provide that CITY perform specific maintenance functions on the STATE highways within the CITY as authorized in Section 130 of the Streets and Highways Code.

2. The CITY will perform such maintenance work as is specifically delegated to it, on the identified State highway routes, or portions thereof, all as hereinafter described under this agreement and Exhibit A.

3. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

4. The functions and levels of maintenance service delegated to the CITY in the attached Exhibit A, have been considered in setting authorized total dollar amounts.

The CITY may perform additional work if desired, but the STATE will not reimburse the CITY for more than the authorized dollar limits established herein.

5. The STATE will reimburse the CITY for the actual cost of all routine maintenance work performed by the CITY as delegated under Exhibit A and B to this Agreement. It is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown in Exhibit A to this Agreement unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for.

6. Upon written request by CITY the expenditure per route for routine maintenance work, as referred to in Exhibit A, may be increased, decreased, redistributed between routes, or additional expenditures for specific projects may be made by STATE.

However, such adjustments should be authorized in writing by the District Director or his authorized representative and accepted by in writing by CITY. Exhibit A need not be amended.

7. Additional expenditures or an adjustment of expenditures, once authorized shall apply only for the fiscal year designated therein and shall not be deemed to permanently modify or change the basic maximum expenditure per route as 04/27/2021

CITY OF PORTERVILLE
SR 65 & 190
2 specified in Exhibit A. An adjustment of any said maximum expenditure, either an increase or decrease, shall not affect other terms of the Agreement.

8. Exhibits A can be amended as necessary by written concurrence of PARTIES to reflect any future changes, deletion or additions or to ensure an equitable annual cost allocation.

9. The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semiannually, or annually). Bills for less than $500 shall not be submitted more than once each quarter. Bills must be submitted promptly following the close of STATE’s fiscal year on each June 30th and should be coded according to the Caltrans HM Program Code as outlined in this Agreement. Bills submitted for periods prior to the last fiscal year will be deemed waived and will not be honored.

10.Maintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have these above-mentioned charges added again. An actual handling charge by the CITY for the direct cost of processing this type of bill will be allowed.

11. LEGAL RELATIONS AND RESPONSIBILITIES

11.1. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this contract or to affect the legal liability of either PARTY to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law.

11.2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY will fully defend, indemnify, and save harmless STATE and all its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

11.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE will fully defend, indemnify, and save harmless CITY and all its officers and employees from all claims, suits, or actions of every name, kind and description 04/27/2021

CITY OF PORTERVILLE
SR 65 & 190
3 brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

12.PREVAILING WAGES:

12.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

12.2. Prevailing Wage Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

13.INSURANCE:

13.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of selfinsured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of SelfInsurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the _____________ location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

13.2. SELF-INSURED using Contractor - If the work performed under this Agreement is done by CITY's contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured 04/27/2021

CITY OF PORTERVILLE
SR 65 & 190
4 in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

14.STATE costs and expenses assumed under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget by the Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the District Office of STATE to pay the billing by CITY.

15. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause. CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

16. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 8 above.

PARTIES are empowered by Streets and Highways Code section 116 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
04/27/2021

CITY OF PORTERVILLE
SR 65 & 190
5 THE CITY OF PORTERVILLE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen

TOKS OMISHAKIN
Director of Transportation
Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Deputy District Director
Maintenance District
ATTEST:

By: __________________________
City Clerk
By: __________________________
City Attorney
As to Form and Procedure:

By: _____________________________
Attorney
Department of Transportation

EXHIBIT A

DELEGATION OF MAINTENANCE
TABLE 1
FY February (Estimate) 2022 – June 2025)
(Litter Pickup in Shoulder and Landscape Areas)
Route
No.

Length
Miles
Description of Routing Program
Delegated
Maximum Annual
Authorized
Expenditure
65 5.44 Porterville – PM 16.119 to 21.559 HM2D $50,000
190 3.94 Porterville – PM 15.09 to 19.03 HM2D $30,000
*HM2D – Program Function Roadside Litter/Debris Pickup
TOTAL AUTHORIZED EXPENDITURE PER YEAR: $80,000

EXHIBIT A

MAINTENANCE FUNCTION DESCRIPTION
CITY will provide Litter/Debris pickup at locations listed on Table listed above. The CITY will provide the STATE’s Caltrans Area Superintendent a monthly litter removal schedule, in advance, no less than 24-hour notice, prior to any litter removal activity involving STATE highways, or the STATE’s right-of-way. CITY agrees to utilize a crew/or crews approved by the STATE and appropriately supervised and trained to work on State rights-of-way within the City of Porterville area. City is to utilize one or more crews and one working supervisor. CITY will notify STATE before 8:00 a.m. on days CITY crews are unable to work.

CITY will also advise the Contract Manager one week in advance of permanent changes to schedules.

STATE is to provide the necessary safety instruction to CITY crews. STATE will furnish and place safety warning signs when necessary. STATE agrees, at its sole expense, to provide technical direction to oversee the work being performed under the terms of this agreement. STATE will provide a shadow vehicle (as STATE deems necessary) for clean ups scheduled on State rights-of-way. STATE will provide bags for the containment of litter. STATE will provide for the removal of all bags and disposal of litter collected. In the event CITY is willing to provide for the removal of bags and disposal of litter collected, this Agreement may be amended, and the cost these services added to this contract.

EXHIBIT B
Insert (CT District) addressee information _______2021
ATTN: (name of CT representative)
City of Porterville
Department of Finance
RE: Statement of Self Insurance for ____________ Related to ______________ Maintenance Agreement with State of California Department of Transportation (“STATE”) for the ________________ along Highway __________at ____________________ Dear __________
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 15.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER
AGREEMENT NO.______________

INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT is made and entered into on___________________, by and between the CITY OF PORTERVILLE, a municipal corporation, ("CITY" herein) and COMMUNITY SERVICES & EMPLOYMENT TRAINING INC. ("CONTRACTOR" herein).

R E C I T A L S
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of litter removal.

NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:

1. SCOPE OF WORK. CONTRACTOR shall, using its own trained labor force, manually gather, bag, and pile litter and debris from alongside designated roadways. One crew of four (4) people each and one (1) working supervisor from Contractor will gather, bag and pile all litter found along the roadway on a schedule as determined by CITY. CONTRACTOR'S crew will clean to a level of cleanliness as determined by CITY. CONTRACTOR will close and secure all bags of litter, and place them in a safe manner in stacks out of the roadway for removal by others.

CONTRACTOR will provide transportation, portable toilets, and all personal protective equipment needed to perform the work in accordance with Caltrans safety instructions. At a minimum, CONTRACTOR'S working supervisor must be trained in Caltrans freeway litter safety instruction.

Frequency and schedule of clean ups will be provided by CITY. CITY will provide supplies (bags and other supplies) that are provided by Caltrans to CONTRACTOR. Upon completion of litter pick up, CONTRACTOR will notify CITY of completion. CITY and or other parties will remove bags of litter from alongside roadway. In addition, other duties of a similar nature may be assigned as needed by the CITY. Roadways shall include ramps and shoulders.

1.1. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, as outlined within the schedule provided by the CITY, attached hereto as Exhibit A. In the event that the crew is not available, CONTRACTOR will communicate such with the CITY.

1.2. Caltrans will maintain responsibility for traffic control for shoulder cleanups. Ramps do not require additional Caltrans traffic control measures. In the event CONTRACTOR is requested to provide traffic control measures consistent with Caltrans safety requirements, CONTRACTOR will provide an estimate as to the cost of this additional task and upon mutual agreement with CITY, provide such control.

1.3. In the event CONTRACTOR is asked to remove collected litter from roadways to a designated location, CONTRACTOR will provide an estimate as to the cost of this additional task and upon mutual agreement with CITY, provide for said removal and disposal.

1.4. Medians are not included within the scope of work at this time. In the event some medians are added to the scope of work, the CITY will get an approved list of medians to clean from Caltrans and provide that list to CONTRACTOR. A separate crew may be identified by the CONTRACTOR at a separate cost to the CITY as explained in 2.2 below.

2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall be payable in accordance with section 3 "Payment Procedure" as stated below but in no event shall exceed an annual total of One Hundred Eighty Four Thousand Three Hundred Dollars ($184,300.00).

2.1. The Payment by the CITY to the CONTRACTOR for actual services rendered under this Agreement shall be made upon presentation of an invoice detailing services performed under the Scope of Services, in accordance with the fee schedule set forth in Exhibit “A” attached hereto and incorporated herein by reference. The CONTRACTOR agrees to provide all services required under Section 1. Scope of Work, within the compensation amount set forth in Exhibit “A”.

3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice.

4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel.

5. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY.

6. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.

7. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties.

8. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.

9. TERM. Unless terminated sooner, as set forth herein, this Agreement shall be for a one (1) year period and may be renewable annually thereafter if funding is available Renewal options shall be exercised by written notice by the Community Development Director or his designee at the sole option and discretion of the CITY.

10. TERMINATION. This Agreement may be terminated by any party with or without cause upon Ten (10) days' written notice, served by mail or personal service, to all other parties herein.

11. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Porterville business tax certificate (Porterville Municipal Code Section 15-5) where required.

12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR and its personnel/crewmembers as an independent contractor.

CONTRACTOR, and its personnel/crewmembers, are not agents or employees of the CITY for any purpose and are not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR and its personnel/crewmembers other than that of an independent contractor.

13. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. CONTRACTOR agrees that CONTRACTOR'S personnel shall follow Federal and State safety and environmental regulations and abide by the rules of the CITY regarding safety, health, and general codes of conduct.

14. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein:

14.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($2,000,000) per occurrence; and the policy shall:

14.1.1. Provide coverage for owned, non-owned and hired autos.

14.2. Broad form commercial general liability Insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in aggregate and Five Million Dollars ($5,000,000) in excess coverage; and the policy shall:

14.2.1. Provide contractual liability coverage for the terms of this Agreement.

14.2.2. Provide products and completed operations coverage.

14.2.3. Contain an additional insured endorsement naming the State of California and the CITY (including its officers, employees, agents and volunteers).

14.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers.

14.4. All policies required of the CONTRACTOR shall be primary insurance as to the State of California and CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

14.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-:VII rating.

Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing.

14.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.

14.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY.

14.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. The required Certificates shall be attached hereto as Exhibit B.

14.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.

14.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement.

14.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR.

14.12. CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement.

15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.

16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents, employees and volunteers (“City Indemnitees”), from and against any and all liabilities, claims, actions, causes of action, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs or litigation (“claims”), arising out of or connected with CONTRACTOR’S performance of its obligations under this Agreement or out of operations conducted by CONTRACTOR, including the CITY’s active or passive negligence, EXCEPT for such loss or damage arising out from the sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’s performance of this Agreement, the CONTRACTOR shall provide a defense to the City Indemnitees, or at the CITY’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

17. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.

18. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:

CITY: CITY OF PORTERVILLE

CITY HALL
291 N MAIN ST
PORTERVILLE, CA 93257
CONTRACTOR: COMMUNITY SERVICES & EMPLOYMENT TRAINING INC.

Attention:
312 NW 3RD ST
VISALIA CA 93291

19. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. This Agreement is entered into and to be performed in Tulare County, California, and any litigation arising in any way from this Agreement shall be brought in the Tulare County, California jurisdiction. To the fullest extent permitted by law, the parties waive the removal provisions specified in California Code of Civil Procedure Section 394.

20. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

21. ASSIGNMENT. Neither this Agreement, nor any interest in it may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose.

22. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

23. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours.

24. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

25. TAX NUMBERS.

CONTRACTOR's Federal Tax ID Number:________________
CONTRACTOR is a corporation? Yes __ No__

26. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section l 090).

27. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.

28. ATTORNEYS’ FEES. If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys= fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

29. AMBIGUITIES. Each party and its legal counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
“CITY” “CONTRACTOR”

CITY OF PORTERVILLE COMMUNITY SERVICES &
EMPLOYMENT TRAININGS, INC.

By: ____________________________ By: ____________________________ Adrian Monte Reyes Mary Alice Escarsega-Fechner
Mayor Executive Director
APPROVED AS TO FORM:

By: ____________________________
Julia M. Lew
City Attorney
Insurance: _____
Formatted: Spanish (Mexico)
Attachment: Proposal (Exhibit A), Certificates of Insurance (Exhibit B) Exhibit A: Proposal
Exhibit B: Certificates of Insurance
(State Insurance limits apply & State must be named as additionally insured)

Item No. 17.

CITY COUNCIL AGENDA – FEBRUARY 15, 2022
SUBJECT: Consideration of City Council Member Appointments to Boards and Committees
SOURCE: City Manager's Office
COMMENT: Mayor Reyes has requested that the City Council consider the appointment of its Members to several Boards and Committees that the Mayor currently represents the City upon, including: City Council COVID Ad Hoc Committee; County Selection Committee (Mayor); Tulare County Regional Transit Authority Board of Directors; and Tule River Improvement Joint Powers Authority Board of Directors.

RECOMMENDATION: That the City Council consider the appointment of its Members to various Boards and Committees.

ATTACHMENTS: 1. City Council Board and Committee Appointments Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
As of July 28, 2021
Committee/Board Member/Alternate Appointment Date Meeting Information Tulare County Association of Governments/ Martha Flores - Member 12/13/2016 Meets monthly; Third Monday; 1:00 PM; meeting location varies Transportation Planning Agency ("TCAG") Milt Stowe - Alternate 1/20/2015 www.tularecog.org Tulare County Taskforce on Homelessness Martha Flores - Member 12/10/2018 Meets monthly; Third Wednesday; 1:30 PM Claudia Calderon - Alternate 7/16/2019 Tulare County Professional Development Center 4031 W. Noble Avenue, Visalia; www.tchhsa.org
Council of Cities Martha Flores - Member 12/10/2018 Meets bi-monthly; Third Wednesday; 3:00 PM Milt Stowe - Member 7/1/2014 Visalia Administration Boardroom, 220 N. Santa Fe Street, Visalia Porterville Area Airport Development Monte Reyes - Member 12/8/2020 Meets quarterly or as needed. Notification of meetings provided.

Corporation ("PAADA") Martha Flores - Member 12/8/2020 (Only two members will attend meetings at any given time.) Joint City/School District Committee Milt Stowe - Member 7/6/2010 Meets quarterly or as needed. Notification of meetings provided.

Kellie Carrillo - Member 12/8/2020
Ad Hoc Committee - Proposition 64 Monte Reyes - Member 3/7/2017 Ad Hoc Committee concerning the consideration of regulating Regulation of Marijuana Lawana Tate - Member 7/20/2021 marijuana business activities per Prop 64.

Ad Hoc Committee - Provision of Kellie Carrillo - Member 12/8/2020 Ad Hoc Committee to address local water issues. Meets as needed.

Local Water Services Lawana Tate - Member 7/20/2021
Tule River Improvement JPA Monte Reyes - Member 12/8/2020 Meets quarterly; Lower Tule Irrigation District Conference Michael Knight - Alternate 12/13/2016 Room, 357 E. Olive Avenue, Tipton Tulare County City Selection Mayor - City Member Meets as needed. Notification of meetings provided.

Committee Designee - Alternate Designee may attend in absence of the Mayor Tulare County Local Agency N/A 7/17/2019 Board of Supervisors Board Room Formation Commission ("LAFCO") 2800 W. Burrel Avenue, Visalia, First Wed. @ 2 p.m. www.lafco.co.tulare.ca.us/lafco/

APPOINTMENT OF COUNCIL MEMBERS TO VARIOUS COMMITTEES & BOARDS

As of July 28, 2021
Committee/Board Member/Alternate Appointment Date Meeting Information

APPOINTMENT OF COUNCIL MEMBERS TO VARIOUS COMMITTEES & BOARDS Tulare County Regional Transit Agency Monte Reyes - Member Meets monthly; Third Monday; 3:00 PM ("TCRTA") Milt Stowe - Alternate 7/7/2020 Meets across the county at member agencies www.tularecog.org
PDC Advisory Board John Lollis - Member 1/14/2009 Meets annually at Porterville Developmental Center Mayor - Alternate 26501 Road 140, Room 59
Internal City Audit Committee Martha Flores - Member 12/13/2016 Meets as needed in La Barca Conference Room, Kellie Carrillo - Member 5/18/2021 Porterville City Hall. Notification of meetings provided.

San Joaquin Valley Air Pollution Control Monte Reyes - Member Meets on the third Thursday of each month at 9:00 a.m. at District ("SJVAPCD") Board 1990 East Gettysburg Avenue, Fresno, CA.

San Joaquin Valley Special City Selection Milt Stowe - Member 12/13/2016 Notification of Meetings provided; Members can attend Committee Monte Reyes - Alternate 12/13/2016 via video-teleconference in Bakersfield or Fresno District Office.

Eastern Tule Groundwater Monte Reyes - Member 12/10/2018 Meets monthly; First Thursday; 2:00 PM Sustainability Agency JPA Michael Knight - Alternate 7/16/2019 City Hall, 291 N. Main Street, Porterville 2020 Census Local Count Committee Martha Flores - Member Meets monthly or as needed. Notification of meetings is provided.

Ad Hoc Committee - COVID-19 Monte Reyes - Member Meets as needed.

Kellie Carrillo - Member 12/8/2020
Local Initiatives Navigation Center Committee Lawana Tate - Member 7/20/2021 Meets monthly. "LINC Committee"
Ad Hoc Military Banner Committee Kellie Carrillo Meets as needed. Notification of meetings is provided.

Ad Hoc Library Facility Planning Committee Kellie Carrillo Meets monthly or as needed. Notification of meetings is provided.

Item No. 18.

CITY COUNCIL AGENDA – FEBRUARY 15, 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 February 1, 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. 18.
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. On February 7, 2022, the State issued updated guidance to the "Beyond the Blueprint" in regard to indoor and outdoor "Mega Events," reverting to the guidance effective as of December 1, 2021.

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 Item No. 18.
restrooms open for hygiene purposes) and that gatherings of any size not occur.

Consistent with the State and County's modified Orders regarding outdoor 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.

Item No. 18.

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 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 January 31, 2022, there was $1,426,953 in unpaid City utility accounts (water: $694,291; sewer: $389,803; and refuse: $342,859), with the corresponding total loss in late fees of $408,670 - almost triple 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 Item No. 18.
participating in the Project Roomkey program across the county, nor the number of rooms occupied. The County also reports that a Street Medicine event occurred in Porterville on June 29, 2020, during which twelve (12) 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 Item No. 18.

Governor indicated "high-risk" personal services would likely be allowed later during the Summer. On May 4, 2020, Governor Newsom issued Executive Order N-60-20, allowing the reopening of lower-risk businesses and spaces in 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 Item No. 18.
an emergency Ordinance requiring face coverings consistent with the State requirements, which was scheduled for Public Hearing and was approved by the Council at its meeting of July 21, 2020. In enforcement of the emergency 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. On February 7, 2022, the State issued updated guidance to revert back to the requirements effective as of June 15, 2021.

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 Item No. 18.
the corresponding effect on economic sectors guidelines for operation. When the Blueprint for a Safer Economy was retired on June 15, 2021, Tulare County was in the Orange (Moderate) tier given its daily positive case rate per 100,000 population exceeded two (1.5 at the time of the report), however, the positivity rate met the Yellow (Minimal) tier requirement of less than two percent (1.5% 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 Item No. 18.
the new regional order to go into effect in the San Joaquin Valley region at 11:59 P.M. on December 6th. As of June 15, 2021, the San Joaquin Valley region had 27.4% ICU capacity. The regional order modified business operations, including: 1) limit indoor retail to no more than twenty percent (20%) capacity; 2) limit restaurants to delivery/pick-up/take-out only; 3) limit 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 Item No. 18.

Maguey Mexican Restaurant, Mariscos El-30, RJ's Cafe & Bakery, El Nuevo Mexicali II, Habi Sushi, Black Bear Diner and Birria Y Pollos El Guero, and several more were in the application process prior to outdoor dining being prohibited by the State's regional stay at home orders on December 3, 2020. On January 25, 2021, the State removed the regional stay at home Order, again 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 Item No. 18.
public exposure. Employees required to be at work during the shelter-at-home Order are accrued special leave for later utilization and/or payment, as well as employees that are working from home. Given the State's reopening guidelines, all City employees returned to work effective June 1, 2020, and the special leave program was discontinued effective May 31, 2020. Compounding the 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, Item No. 18.
on May 9, 2020, the County notified the City that the State had changed its plans and would not be relocating the youth to PDC, likely to ensure regional patient surge capacity. On July 2, 2020, the City received notification from the County that the State would activate PDC as a regional alternate site on Friday, July 3, 2020, treating low-acute COVID-19 patients transferred from impacted 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 Item No. 18.

City Council approved a mass vaccination and resource fair event sponsored by the County at the Porterville Fairgrounds on Sunday, April 18th through Tuesday, April 20th, 2021, which a successor vaccination event at the Fairgrounds for Sunday, May 10th through Tuesday, May 12th, 2021. Effective July 31, 2021, the local community vaccine clinic operated by Sierra View 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 Item No. 18.
$19,984,717 in direct federal financial assistance to the City. Guidelines for the eligible use of funds are currently being drafted by the U.S. Department of the Treasury, which will administer the funds, who released the Interim Final Rule on May 10, 2021. The City's first allocation of $9,992,358 was received on May 20, 2021, which the second allocation would be received twelve (12) 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 Item No. 18.

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. An eighth Community Roundup Event was held on January 27-29, 2022, with 2,519 individuals vaccinated. A total of 14,770 local 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 school-based vaccine events for youth ages 5-11 years.

At its meeting on February 1, 2022, the Council approved a Community Roundup event be planned with Sierra View for February 17-19, 2022. At its meeting on February 8, 2022, the Council COVID Ad Hoc Committee recommended the Community Roundup events continue into March 2022, with proposed dates on March 10-12, 2022 and March 31-April 2, 2022, as well as expand the participation of local small mercantile businesses in the incentive program.

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 Item No. 18.
first round of funding opened on December 30, 2020, and closed on January 13, 2021. A second round of funding was committed to by the State, with the application period having opened on February 2 and closed on February 8, 2021. Four additional rounds of funding were announced by the State on March 3, 2021, with the third round (waitlisted applicants from the first and seconds rounds only) having opened on March 5 and closed March 11, 2021, the fourth round (nonprofit cultural institutions only) opened on March 16 and closed on March 23, 2021, the fifth round (open to all eligible applicants) opened on March 25 and closed on March 31, 2021, and the sixth round (open to all eligible applicants) opened on April 28, 2021 and closed on May 4, 2021. An eighth round for nonprofit cultural institutions only opened on August 27, 2021 and closed on September 8, 2021. A ninth round for new and waitlisted applicants opened on September 9, 2021 and closed on September 30, 2021.

Additional rounds of funding may be announced, as the State has recognized an estimated $75 billion budget surplus. On February 9, 2022, Governor Newsom signed Senate Bill 113, which provides an additional $150 million in funding for waitlisted applicants.

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 Item No. 18.
billion budget for the 2021-2022 fiscal year, allocating $15 billion for COVID19 recovery and support, focused on vaccinations, safe reopening of schools, support for small businesses, and funding for California residents, but did not include financial support for cities.

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

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

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

9. State of California Face Covering Guidance Update -
February 7, 2022

10. Tulare County Emergency Rental and Utility Assistance Program

11. City Utilities Past Due Balances - January 2022

12. State of California Beyond the Blueprint for Industry and Business Sectors (Including Mega Events) - February 7,
2022

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

14. Vaccination Incentives Report

15. Draft Resolution - AB 361 Local Emergency Remote
Access
Item No. 18.

Appropriated/Funded:

Review By:

Department Director:

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

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

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

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

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

Pursuant to this declaration, I direct as follows:

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

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

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

DONALD J. TRUMP

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.

February 7, 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
This guidance will take effect on February 16, 2022. For current Guidance for the Use of Face Masks, see the current guidance for face coverings .

Changes Taking Effect February 16, 2022:

Universal masking shall remain required in only specified settings.

Only unvaccinated persons are required to mask in all Indoor Public Settings. Fully vaccinated individuals are recommended to continue indoor masking when the risk may be high.

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 Guidance For the Use of Masks
Background
COVID-19 cases and hospitalization are declining across the state. This is due in large part to the collective efforts of Californians to get vaccinated, get boosted, and wear masks.

A universal indoor masking requirement was reinstated on December 15, 2021, to add a layer of mitigation as the Omicron variant, a Variant of Concern as labeled by the World Health Organization, increased in prevalence across California, the United States, and the world and spread much more easily than the original SARS-CoV-2 virus and the Delta variant. Implementing the universal masking requirement in all indoor public settings during the winter season was an important tool to decrease community transmission during the highly infectious Omicron surge.

The current hospital census is still over capacity, but the dramatic surge in cases and hospitalizations due to the highly infectious Omicron variant over the last two months has declined significantly. Californians are also increasingly knowledgeable about how to protect themselves and their loved ones with effective masks when there may be risk of COVID-19 exposure. Accordingly, it is now appropriate for the universal indoor masking requirement to expire on February 15, 2022 as scheduled.

The COVID-19 vaccines remain effective in preventing serious disease, hospitalization, and death from the SARSCoV-2 virus. Unvaccinated individuals are much more likely to become infected when compared to vaccinated and boosted individuals. Vaccination continues to remain the ultimate exit strategy out of the COVID-19 pandemic.

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.

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.[1] Our recently published case-control study conducted in California from February 18 to December 1, 2021 demonstrated that consistently wearing a face mask or respirator in indoor public settings reduces the risk of acquiring SARS-CoV-2 infection. [2] 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 accounted for only 1% of COVID19 related school closures during the Omicron surge. 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.[3], [4].

Maintaining the masking requirements in other specified, high-risk settings continues to be consistent with CDC recommendations and allows us to protect our most vulnerable populations and the workforce that delivers critical services in these settings.

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) (PDF) Standard and should consult those regulations for additional applicable requirements.

Masking Requirements
Masks are required for all individuals in the following indoor settings, regardless of vaccination status. Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are highly recommended.

On public transit[5] (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 schools[6], childcare[7]
Emergency[8] shelters and cooling and heating centers[9] Healthcare settings[10]
State and local correctional facilities and detention centers[11] Homeless shelters[12]
Long Term Care Settings & Adult and Senior Care Facilities[13] 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). Fully vaccinated individuals are recommended to continue indoor masking when the risk may be high. Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are highly 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.
*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. [1] 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. [2] Andrejko KL, Pry JM, Myers JF, et al. Effectiveness of Face Mask or Respirator Use in Indoor Public Settings for Prevention of SARS-CoV-2 Infection — California, February–December 2021. MMWR Morb Mortal Wkly Rep. ePub: 4 February 2022
[3] 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. [4] 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.
[5] CDC Requirement for Face Masks on Public Transportation Conveyances and at Transportation Hubs [6] CDC Guidance for COVID-19 Prevention in K-12 Schools [7] CDC COVID-19 Guidance for Operating Early Care and Education/Child Care Programs [8] CDC's Interim Guidance for General Population Disaster Shelters During the COVID-19 Pandemic [9] CDC COVID-19 and Cooling Centers
[10] CDC Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic
[11] CDC Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities
[12] CDC Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)
[13] CDC Nursing Homes and Long-Term Care Facilities
California Department of Public Health
PO Box, 997377, MS 0500, Sacramento, CA 95899-7377
Department Website (cdph.ca.gov)
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.

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-Jan22 3/31/2020 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 1/31/2022 Difference WATER $155,942 $527,676 $463,170 $470,677 $503,738 $481,955 $543,626 $602,471 $559,589 $618,746 $667,294 $694,291 $511,352 SEWER 171,185 294,515 283,873 305,374 292,298 282,188 300,471 320,062 331,194 334,051 366,171 389,803 194,986 REFUSE 155,172 268,798 253,119 273,951 262,133 248,199 267,486 282,828 297,209 295,806 322,769 342,859 167,597 $482,299 $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 $1,426,953 $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 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 1/31/2022 WATER $143,479 $136,401 $138,598 $145,220 $132,986 $147,937 $145,259 $145,534 $163,842 $186,404 $203,355 SEWER 75,987 75,827 84,055 79,686 73,592 78,818 77,245 83,940 88,486 99,398 109,316 REFUSE 69,309 68,561 75,935 71,125 65,677 70,806 68,894 75,323 78,977 87,793 95,999 $288,775 $280,789 $298,589 $296,032 $272,256 $297,561 $291,399 $304,797 $331,304 $373,595 $408,670 TOTALS $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 $1,835,623

CITY OF PORTERVILLE

UTILITIES

PAST DUE BALANCES
February 7, 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
Beyond the Blueprint for Industry and Business Sectors (Including Mega Events) This guidance will take effect on February 16, 2022. For current Beyond the Blueprint for Industry and Business Sectors guidance, see Beyond the Blueprint for Industry and Business Sectors (Including Mega Events).

Related Materials: Beyond the Blueprint Q&A | Vaccination Record Guidelines & Standards | More Languages Changes Taking Effect February 16, 2022:

This guidance will return to thresholds of 1,000 attendees for Indoor Mega Events and 10,000 attendees for Outdoor Mega Events.

Background:

COVID-19 cases and hospitalization are declining across the state. 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 COVID19 pandemic, but we still have a way to go, and ongoing vigilance is necessary to protect against COVID-19.

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).

Large, indoor events, however, continue to have the potential to cause large, substantial, and severe outbreaks.

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 continued high transmission rates across 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.

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.

On December 31, 2021, the threshold for Indoor Mega Events was lowered to 500 attendees and for Outdoor Mega Events to 5,000 attendees. This was in response to the growing threat of the more-transmissible Omicron variant, especially during the winter season when large indoor events were more likely to occur.

Though COVID cases and hospitalizations are declining across the state, 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[1]
Crowds greater than 1,000 (indoors) attendees
Crowds greater than 10,000 (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.

Refer to CDPH Get the Most Out of Masking for more
information on getting the best fit and filtration for
your mask
Travelers Recommend following CDC and CDPH Travel
recommendations.

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.

Limited Requirements for Mega Events:

Mega Events are characterized by large crowds greater than 1,000 indoor OR 10,000 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. Refer to CDPH Get the Most Out of Masking for more information on getting the best fit and filtration for masks.

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. Refer to CDPH Get the Most Out of Masking for more information on getting the best fit and filtration for masks.

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 and boosted, when eligible.

Encourage all attendees to consider better fit and filtration for masks [Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are recommended over cloth masks].

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 CDC Information on COVID-19 Vaccines for information on acceptable vaccines, definition for "Fully Vaccinated," and updates on additional vaccines and recommendations 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 and CDPH Over-the-Counter Testing Guidance for acceptable methods of proof of negative COVID-19 test result and information on Over-the-Counter tests.

Note: Self-attestation may not be used to verify negative test result, even when using Over-the-Counter (or at home tests) for entry into Indoor Mega Events.
[1] 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)

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.

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 April 1, 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 15th day of February, 2022.

Adrian Monte Reyes, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk