Porterville City Council
March 1, 2022

SJKF occur in a variety of open grassland, oak savannah, and shrub vegetation types/habitats as well as oil-producing and urban areas in Kern County. Predation is an appreciable cause of SJKF mortality, with urban kit foxes yielding higher survival rates due to lack of competition with large carnivores such as coyotes (USFWS 2010c). In the southern San Joaquin Valley portion of the range, SJKF are generally found in sparse, annual grassland and scrub communities (e.g., valley sink scrub, saltbush scrub) with low annual precipitation. Home ranges for the taxon have been reported by several authors to range from 1 to 12 square miles (1.6–19 square kilometers) with large overlap in home ranges among individuals, though dens are restricted to a single family.

They change dens on a regular basis, likely due to prey depletion; in one study, a single kit fox was tracked to 70 dens during a 2-year period (Native fish and wildlife 1967; USFWS 1998). Dens are used for temperature regulation, shelter, reproduction, and safety from potential predators, but characteristics such as number of entrances varies across the taxon’s range. In the southern portion of its range the taxon often creates dens with two entrances, and natal dens generally have multiple entrances. Entrances are usually 8 to 10 inches (20–25 centimeters) in diameter and are normally greater in height than width, but kit foxes can utilize dens with entrances as small as 4 inches (10 centimeters) in diameter. Kit foxes do not typically excavate their own dens, Biological Resources Evaluation 30 Casino Basin Project September 2021 LSA
but rather enlarge the burrows of other species, such as California ground squirrels and American Badgers, or utilize human-made structures such as culverts and pipelines.

The diet of this taxon consists largely of nocturnal kangaroo rats and other small mammals, though they may also eat ground-nesting birds or insects (USFWS 2010c). Similar to many desert species, kit fox do not need drinking water and obtain hydration from their diet. Breeding season is December-March with pups typically born between February and March. Adult breeding pairs remain monogamous within the same year, but pairs may change between years (Morrell 1972; USFWS 1998).

SJKF are primarily nocturnal but can be seen during the day when activities on the surface get their attention or when pups are present and play outside of the den in late afternoon. Potential site occupation is determined based on observation of canid scat and/or tracks within a size range appropriate for this species, and presence of dens that meet the criteria for classification as known or natal/pupping per the USFWS guidelines (USFWS 2011b).

Although there have been numerous reports of San Joaquin kit fox occurrence within the 10-mile search radius of the Project, all but one of these records are greater than 40 years old. A record from the Tulare County Landfill, located on the south side of Avenue 128 approximately 700 feet west of the Project, reports the sighting of 4 individuals in 1992 (CNDDB 2021a).

No evidence of San Joaquin kit fox was observed during the reconnaissance survey. San Joaquin kit fox frequently use California ground squirrel burrows and enlarge them for use as den sites.

No California ground squirrel activity was observed during the reconnaissance survey nor were any other burrows or atypical structures observed that may be used by San Joaquin kit fox. San Joaquin kit fox are known to forage in many open habitat types, including agricultural lands occasionally if suitable denning habitat is present nearby. The annual grassland east of the stormwater drain pipe route east of West Street represents suitable foraging habitat and could potentially support San Joaquin kit fox dens. In addition, several records of San Joaquin kit fox have been reported in the vicinity.

Given the lack of observation of potential den sites or San Joaquin kit fox sign and current agricultural activity, it is not likely that San Joaquin kit fox currently occupy the Project. However, San Joaquin kit fox may occasionally forage on or near the Project given that there is potentially suitable denning habitat in the vicinity.

3.2.3 Riparian Habitat, Wetlands, and Other Waters
A search of the USFWS National Wetlands Inventory (NWI) resulted in no wetlands mapped on the Project site (USFWS 2021b). A riverine feature, the Friant-Kern canal, was present west of the project site, and the existing recirculation pond which is located outside of the project boundaries to the west, was shown on the NWI as a freshwater pond. These results are consistent with the observed conditions within and adjacent to the Project site. There was water present in earthen irrigation ditches that ran along the western and northern boundaries of the alfalfa field on the Project site, and just south of the proposed recirculation pond location. There was no visible Biological Resources Evaluation 31 Casino Basin Project September 2021 LSA
natural water source for this irrigation water. No riparian or developed wetland vegetation was present on the Project.

3.2.4 Critical Habitat
There is no USFWS-designated Critical Habitat within a 10-mile radius of the proposed Project site.

Biological Resources Evaluation 32 Casino Basin Project September 2021 LSA

4.0 IMPACT ANALYSIS AND RECOMMENDATIONS

4.1 Effects of the Proposed Project
This section provides an analysis of the potential impacts of the Project following the standards of CEQA and CEQA Guidelines. Consideration of potential impacts to biological resources, including special-status plant and animal species is required under FESA, CESA, and CEQA as part of the analysis for a discretionary project.

CEQA Appendix G thresholds have been used to evaluate potential impacts to the biological resources from the proposed Project. The Project would create a significant impact to biological resources, based on the specifications in the biological resources section in Appendix G of the CEQA Guidelines, if the following were to occur:

1. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or the USFWS;

2. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations; or by the CDFW or the USFWS;

3. Have a substantial adverse effect on federally protected wetlands as defined by section 404 of the CWA (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;

4. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;

5. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance;

6. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

The following analysis discusses potential impacts associated with the development of the Project and provides recommendations where appropriate to further reduce potential impacts.

Biological Resources Evaluation 33 Casino Basin Project September 2021 LSA

1. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW, or the USFWS? Effects to Special-status Plants:

The CNDDB, USFWS, and CNPS Rare and Endangered Plant Inventory queries returned a total of 26 special-status plants that have been documented as potentially occurring in the vicinity of the proposed Project site. Based on MBI’s habitat suitability analysis, none of the special-status plant species had the potential to occur within the proposed Project site (Appendix A, Table A-1). During the survey a total of 12 plant species were observed, 7 of which are non-native species. No listed or California Rare Plant Rank (CRPR) species were identified on the proposed Project site during the field survey and the site does not represent suitable habitat for any of the special-status plants evaluated. Therefore, there is no potential for direct or indirect impacts to special-status plant species within the Project site. As described above, the Project site has undergone frequent disturbance, was historically intensive agriculture and is surrounded by urban, agricultural, and previously disturbed lands. No special-status plant species have potential to occur on site; therefore, no significant impacts to special-status plants would occur. No additional measures or recommendations are necessary.

Effects to Special-status Wildlife:

Tricolored Blackbird
No tricolored blackbirds or potentially suitable nesting habitat were observed during the reconnaissance surveys. The site is planted in alfalfa and contains a fallow field, which are both suitable foraging habitat for this species. Based on the high mobility of this species and plentiful similar foraging habitat in the vicinity and region, the disturbance to this agricultural land would not be a significant impact to tricolored blackbirds. No further measures are required.

Burrowing Owl
No burrowing owls or sign of species presence were observed during the reconnaissance surveys and no California ground squirrel burrows, which are frequently used by burrowing owls for nesting and shelter, were observed. The site is likely to support insects, small rodents, birds, amphibians, and reptiles that are potential prey items in the diet of burrowing owl. Therefore, there is a potential for foraging by this species. Although no potential burrows or burrow surrogates were observed, if the fallow field on the western portion of the proposed basin were to become occupied by California ground squirrels, burrowing owls may be provided with burrowing opportunities. Absent additional measures, if the site were subsequently occupied by this species, burrowing owl burrows could be crushed or destroyed by vehicles during construction activities. Burrowing owls are protected under California Fish and Game Code and by the Migratory Bird Treaty Act. Provided that the measures recommended in Section 4.2 are implemented, impacts can be reduced to “less than significant”.

Biological Resources Evaluation 34 Casino Basin Project September 2021 LSA
Swainson’s hawk
No nesting opportunities for these species were present on the Project site. Alfalfa and the fallow portion of the Project site are suitable foraging habitat for this species. Although noise, dust, and general disturbance from construction activities could indirectly affect foraging raptors such as Swainson’s hawk, these species are highly mobile and able to access other high quality foraging opportunities in the vicinity of the Project site. Disturbance to this relatively small amount of foraging habitat (approximately 50 acres) would not be significant. In addition, no direct impacts to individuals are anticipated.

San Joaquin Kit Fox and American Badger
The Project provides low suitability foraging habitat for San Joaquin kit fox. Although no potential dens were observed, if the fallow field on the western portion of the proposed basin were to become occupied by California ground squirrels, San Joaquin kit fox may be provided with denning opportunities. Given that several historical records of this species have been reported within a 10-mile radius of the Project, San Joaquin kit fox may be present in the general vicinity. If the site were to become occupied by San Joaquin kit fox or the species were to forage on the Project, harm or injury to kit fox that would constitute a significant impact could occur.

San Joaquin kit fox commonly enter open pipes, materials stockpiles and storage containers. They may also get on, under, or in vehicles and equipment. In addition, San Joaquin kit fox and American badger may fall into open excavations. Closing or moving pipes with wildlife inside could lead to direct mortality of individuals. If present under pallets, wildlife could be killed or injured by equipment when moving materials. If present in, on, or under equipment or vehicles when started or moving, wildlife could be crushed by tires, injured or killed by moving parts, or threatened through harassment by workers needing to access the vehicles. If deep enough in comparison to the animal size, wildlife falling into open excavations could be injured by the fall or otherwise become entrapped thereby increasing risks to the individual. The stormwater basin design includes a slope at no greater than 4:1, which should be a low enough angle for San Joaquin kit fox to escape from. However, when wet, materials along the slope may not provide adequate grip for wildlife. In addition, chain link fence and other construction materials can be an entrapment hazard for San Joaquin kit fox.

Measures described in Section 4.2, below, are intended to avoid, minimize, and reduce the potential for these effects to occur, reducing the potential to less than significant. Implementation of these measures will additionally result in minimizing effects to burrowing owls due to overlapping habitat requirements and American badger due to the overlap in badger burrows and San Joaquin kit fox den size. Neither burrowing owl nor American badger are listed species; however, both species will benefit from measures implemented to avoid direct and indirect “take” of San Joaquin kit fox.

Nesting and Migratory Birds
The Project site does not contain any trees or shrubs that could potentially support nesting birds.

The alfalfa and fallow field present are suitable for ground nesting birds, but frequent Biological Resources Evaluation 35 Casino Basin Project September 2021 LSA
disturbance reduces that suitability. Birds nesting on or in the immediate vicinity of the Project site could be disturbed if the Project is conducted during nesting season when active nests are present. If these nests are disturbed to the extent that eggs are destroyed, young are injured or killed, or adults abandon the nests, a violation of the MBTA and California Fish and Game Code could result. Measures described in Section 4.2 will reduce these potential impacts to “less than significant.”
General Wildlife
Wildlife are known to commonly enter open pipes, materials stockpiles and storage containers as well as get on, under, or in vehicles and equipment. In addition, terrestrial wildlife may fall into open excavations. Closing or moving pipes with wildlife inside could lead to direct mortality of individuals. If present under pallets, wildlife could be killed or injured by equipment when moving materials. If present in, on, or under equipment or vehicles when started or moving, wildlife could be crushed by tires, injured or killed by moving parts, or threatened through harassment by workers needing to access the vehicles. If deep enough in comparison to the animal size, wildlife falling into open excavations could be injured by the fall or otherwise become entrapped thereby increasing risks to the individual.

Measures described in Section 4.2, below, are intended to avoid, minimize, and reduce the potential for these effects to occur as a result of work activities. The following measures are also intended to result in compliance with applicable state and federal statutes and regulations protecting biological resources. In some cases, if the applicability of mitigation measures cannot be definitively determined based on the reconnaissance-level survey, additional surveys are recommended to determine the level of mitigation required. In addition, if it is determined that the effects to these species cannot be avoided, state and/or federal permits may be warranted to obtain the appropriate authorization for such project effects. However, taken as a whole, the recommendations below are intended to reduce potential impacts to special-status wildlife to a level of “less than significant”.

2. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or the USFWS?
No riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations; or by the CDFW or the USFWS will be disturbed by the proposed Project; therefore, no further measures are recommended.

3. Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
The proposed Project does not propose any disturbance to federally protected wetlands. No wetland features or vegetation indicative of wetland conditions were observed during the field Biological Resources Evaluation 36 Casino Basin Project September 2021 LSA
survey nor were any identified during the literature review. Consequently, no impacts will occur as a result of the development of the Project.

4. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Wildlife corridors can be defined as connections between wildlife blocks that meet specific habitat needs for species movement generally during migratory periods, but seasonally as well. Wildlife corridors generally contain habitat dissimilar to the surrounding vicinity and include examples such as riparian areas along rivers and streams, washes, canyons, or otherwise undisturbed areas within urbanization. Corridor width requirements can vary based on the needs of the species utilizing them. The Project site is an isolated and relatively small parcel of impacted annual grassland habitat. No impacts are expected; consequently, no additional measures are included.

5. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? There are no biological resources on the site which are separately protected by local policies.

Therefore, conflicts with local policies will not occur.

6. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

The Project is not known to conflict with any Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

4.2 Recommendations
The following measures are intended to reduce identified potential effects to special-status species as a result of the Project; and are intended to result in compliance with applicable state and/or federal statutes and regulations protecting biological resources.

BIO-1: If project activities occur during nesting season (February 1 to August 31) a qualified avian biologist shall conduct a nesting bird survey to identify any active nests present within or adjacent to the proposed work area. If active nests are found, initial ground disturbance shall be postponed or halted within a buffer area, established by the qualified avian biologist, that is suitable to the particular bird species and location of the nest, until juveniles have fledged or the nest has been abandoned, as determined by the biologist. The construction avoidance area shall be clearly demarcated in the field with highly visible construction fencing or flagging, and construction personnel shall be instructed on the sensitivity of nest areas.

BIO-2: If any previously unidentified protected species that is not addressed in this document, or any previously unreported protected species is found to be present, occupied areas shall be avoided and a qualified biologist shall. Notify the USFWS and CDFW of any previously unreported Biological Resources Evaluation 37 Casino Basin Project September 2021 LSA
protected species. Any take of protected wildlife shall be reported immediately to USFWS and CDFW.

BIO-3: Perimeter or security fence design should incorporate features that will avoid entrapment of San Joaquin kit fox. Openings should be small enough that San Joaquin kit fox cannot pass through or become entrapped (<3”). If chain link is used, it should be raised at least 3 inches above ground level to allow kit fox to pass underneath.

BIO-4: Traffic restraints and signs should be established to minimize temporary disturbances during construction. All construction traffic should be restricted to designated access roads and routes, Project site, storage areas, and staging and parking areas. Off-road traffic outside designated Project boundaries should be prohibited. A 15 mile-per-hour (24 kilometer-per-hour) speed limit should be observed in all Project construction areas, except as otherwise posted on county roads and state and federal highways.

BIO-5: All equipment storage and parking during construction activities should be confined to the designated construction area or to previously disturbed offsite areas that are not habitat for listed species.

BIO-6: Project construction activities involving initial surface disturbance should be limited to daylight hours.

BIO-7: Trenches and excavations should have an escape ramp at least every 1,000 feet at no more than 2:1 slope. Trenches or excavations that cannot include a ramp should be covered if left overnight. All such trenches and excavations should be inspected for entrapped wildlife each morning prior to the onset of construction. Before such holes or trenches are filled, they should be thoroughly inspected for entrapped animals. Any wildlife so discovered should be allowed to escape voluntarily, without harassment, before construction activities resume. A qualified biologist may remove wildlife from a trench, hole or other entrapment out of harm’s way if the immediate welfare of the individual is in jeopardy. State or federal listed species may not be handled. Should any state or federal listed species become entrapped, CDFW and USFWS should be contacted as appropriate.

BIO-8: Material and equipment should be thoroughly inspected prior to use. All exposed pipes, culverts, and other similar structures with a diameter 3 inches or greater should be capped in order to prevent entry by San Joaquin kit fox or other wildlife. Any of these materials or structures that are left overnight and are not capped shall be inspected prior to being moved, buried, or closed in order to ensure that San Joaquin kit fox or other wildlife are not present. If a listed species is found within pipe, culverts or similar structures, the animal will be allowed to escape that section of its own accord prior to moving or utilizing that segment. If a listed species does not leave of its own accord, CDFW and/or USFWS (as appropriate) should be contacted for further guidance.

BIO-9: All food-related trash items such as wrappers, cans, bottles and food scraps generated by Project activities should be disposed of in closed containers and removed at least once each week from the site. Deliberate feeding of wildlife should be prohibited.

Biological Resources Evaluation 38 Casino Basin Project September 2021 LSA
BIO-10: To prevent harassment of special-status species, construction personnel should not be allowed to have firearms or pets on the Project.

BIO-11: All equipment and work-related materials should be contained in closed containers either in the work area or on vehicles. Loose items (e.g. rags, hose, etc.) should be stored within closed containers or enclosed in vehicles when on the work site.

BIO-12: All liquids should be in closed, covered containers. Any spills of hazardous liquids should not be left unattended until clean-up has been completed.

BIO-13: If used, rodenticides and herbicides should follow label restrictions and other restrictions imposed by the United States Environmental Protection Agency, the California Department of Food and Agricultural, and other state and federal legislation. If rodent control must be conducted, zinc phosphide should be used because of its proven lower risk to San Joaquin kit fox.

BIO-14: Any employee who inadvertently kills or injures a listed species, or who finds any such wildlife dead, injured, or entrapped, should be required to report the incident immediately to a designated site representative (e.g., foreman, project manager, environmental inspector, etc.), except animals killed on state and county roads when such mortality is not associated with Project traffic.

BIO-15: In the case of injured special-status wildlife, the CDFW should be notified immediately.

During business hours Monday through Friday, the phone number is (559) 243-4017. For nonbusiness hours, report to (800) 952-5400. Notification should include the date, time, location, and circumstances of the incident. Instructions provided by the CDFW for the care of the injured animal should be followed by the contractor onsite.

BIO-16: In the case of dead wildlife that are listed as threatened or endangered, the USFWS and the CDFW should be immediately (within 24 hours) notified by phone or in person, and should document the initial notification in writing within 2 working days of the findings of any such wildlife. Notification should include the date, time, location, and circumstances of the incident.

BIO-17: Prior to commencement of construction on any phase of work, work areas should be clearly marked with fencing, stakes with rope or cord, or other means of delineating the work area boundaries.

BIO-18: All personnel entering the Project location should attend a worker orientation program.

The worker orientation program should present measures required to avoid, minimize, and mitigate impacts to biological resources and should include, at a minimum, the following subjects:

A summary of the FESA, CESA, and the MBTA; biological survey results for the current construction area; life history information for the species of concern; biological resource avoidance, minimization, and mitigation requirements; consequences for failure to successfully implement requirements; and procedures to be followed if dead or injured wildlife area located during Project activities. Upon completion of the orientation, employees should sign a form stating that they attended the program and understand all biological resource mitigation measures and Biological Resources Evaluation 39 Casino Basin Project September 2021 LSA
receive a hardhat sticker or other means of identifying that they have attended the worker orientation. Forms verifying worker attendance should be filed at the applicant’s office and be accessible to County, USFWS and CDFW staff. No untrained personnel should be allowed to work onsite with the exception of delivery trucks that are only onsite for 1 day or less and are under the supervision of a trained employee.

Biological Resources Evaluation 40 Casino Basin Project September 2021 LSA

5.0 SUMMARY OF FINDINGS
The Project will not impact special-status plants as the entire site has had and continues to have disturbance. Ruderal weedy species dominate the Project site and no special-status plant species were observed during the reconnaissance survey.

While no nesting birds were observed during 2021 field surveys, conducting pre-activity nesting bird surveys and implementing appropriate avoidance measures will reduce potential impacts to this species to less than significant.

While no San Joaquin kit fox or American badger or evidence of site occupation were observed, both of these species may forage in the vicinity and CNDDB records are reported from the area.

Recommendations included in this report will reduce potential impacts to San Joaquin kit fox and American badger to a level of less than significant.

Biological Resources Evaluation 41 Casino Basin Project September 2021 LSA

6.0 LIST OF PREPARERS
Report Preparation
Blaine Grant, McCormick Biological, Inc. (MBI), Associate Biologist Primary Author Erika Noel, MBI, Senior Biologist Contributing Editor
Randi McCormick, MBI, Principal Biologist Contributing Editor Field Surveys
Russell Sweet, MBI, Senior Biologist
Erika Noel, MBI, Senior Biologist
Blaine Grant, MBI, Associate Biologist
Kiersten Abarca, MBI, Biological Technician
Biological Resources Evaluation 42 Casino Basin Project September 2021 LSA

7.0 REFERENCES
Ahlborn, G. (1999). Giant kangaroo rat Dipodomys ingens [Life history account]. In CWHR Program (Ed.), California wildlife habitat relationships system. Sacramento, CA: California Department of Fish and Game. 2 pp. Retrieved from http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=2481 Ahlborn, G. (2000). Blunt-nosed leopard lizard Gambelia sila [Life history account]. In CWHR Program (Ed.), California wildlife habitat relationships system. Sacramento, CA: California Department of Fish and Game. 3 pp. Retrieved from http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=2685 Bailey, C. V. and D.J. Germano. (2015). Probability of occupancy of blunt-nosed leopard lizards on habitat patches of various sizes in the San Joaquin Desert of California. Western Wildlife, 2, 23–28.

Baldwin, B. G., D. H. Goldman, D. J. Keil, R. Patterson, T. J. Rosatti, and D. H. Wilken (Eds.). (2012). The Jepson manual: Vascular plants of California (2nd ed.). Berkeley, CA: University of California Press. 1568 pp.

Beedy, T. (Accessed April 12, 2016). Biological profile. In Tricolored blackbird portal. Davis, CA: University of California, Davis. Retrieved from http://tricolor.ice.ucdavis.edu/node/547 Bloom, P. H. (1980). The status of the Swainson’s hawk in California, 1979. (Federal Aid in Wildlife Restoration, Project W-54-R-12, Nongame Wildlife Investigations, Final Report 11-8.0). Sacramento, CA: California Department of Fish and Game. 24 pp.

Brown, L., and D. Amadon. (1968). Eagles, hawks and falcons of the world, (Vol. 1–2). London: McGraw Hill. 945 pp.

Brown, N. L. (2006). Swainson’s hawk (Buteo swainsoni). [Species Profile]. Turlock, CA: California State University, Stanislaus. Retrieved from
http://esrp.csustan.edu/speciesprofiles/profile.php?sp=busw Brown, N. L., C. D. Johnson, and D. F. Williams. (2006). Buena Vista Lake shrew (Sorex ornatus relictus) [Species Profile]. Turlock, CA: California State University, Stanislaus. Retrieved from http://esrp.csustan.edu/speciesprofiles/profile.php?sp=soor Brown, N. L. and D. F. Williams. (2006). San Joaquin antelope squirrel (Ammospermophilus nelsoni).

Retrieved from California State University, Stanislaus, Endangered Species Recovery Program Website: http://esrp.csustan.edu/speciesprofiles/profile.php?sp=amne Brown, N. L. and D.F. Williams. (2006). Tipton kangaroo rat (Dipodomys nitratoides nitratoides). Retrieved from California State University, Stanislaus, Endangered Species Recovery Program Website:
http://esrp.csustan.edu/speciesprofiles/profile.php?sp=dinin Brown, N. L. (2006). Western burrowing owl (Athene cunicularia hypugaea). Retrieved from California State University, Stanislaus, Endangered Species Recovery Program Website:
http://esrp.csustan.edu/speciesprofiles/profile.php?sp=spcu Biological Resources Evaluation 43 Casino Basin Project September 2021 LSA
Calflora: Information on California plants for education, research and conservation. [web application]. 2021. Berkeley, California: The Calflora Database [a non-profit organization]. Available:
https://www.calflora.org/ (Accessed: August 21-22, 2021).

California Department of Fish and Game (CDFG). (2005). California rare & endangered mammals species accounts – mammals. Sacramento, CA: Author. Retrieved from http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=84012 California Department of Fish and Game (CDFG). (2012). Staff report on burrowing owl mitigation.

Sacramento, CA: Author.

California Department of Fish and Wildlife (CDFW). (2021a). Special vascular plants, bryophytes, and lichens list (July). Sacramento, CA: Author. 178 pp.

CDFW. (2021b). State and federally listed endangered and threatened animals of California (July).

Sacramento, CA: Author. 31 pp.

California Endangered Species Act of 1970 (CESA), C.F.G.C § 2050 et seq. (2021).

California Environmental Quality Act of 1970 (CEQA), 13 P.R.C. § 21000 et seq. (2021).

California Environmental Quality Act of 1970 Guidelines (CEQA Guidelines), 14 C.C.R. § 15000 et seq. (2021).

California Natural Diversity Database (CNDDB). (2021a). Occurrence for U.S. Geologic Survey 7.5 minute quadrangles (Porterville, Lindsay, Cairns Corner, Woodville, Patterson Mtn., Sacate Ridge, Rough Spur, Success Dam, Fountain Springs) Sacramento, CA: CDFW California Natural Diversity Database (CNDDB). (2021b). Special Animals List. California Department of Fish and Wildlife. Sacramento, CA.

California Native Plant Protection Act of 1977, C.F.G.C § 1904 et seq. (2021).

California Native Plant Society (CNPS). (2021). Inventory of rare and endangered plants (Online edition, v9-01 0.0) (Rosedale, Oildale, Oil Center, Stevens, Gosford, Lamont, Edison, Millux, Conner, Weed Patch, Arvin)7.5 minute quadrangles and corresponding plant species accounts. Sacramento, CA:

Author.

Clean Water Act of 1972 (CWA), 33 U.S.C. § 1251 et seq. (2021).

Cooper, L. D. and J. A. Randall. (2007). Seasonal changes in home ranges of the giant kangaroo rat (Dipodomys ingens): A study of flexible social structure. Journal of Mammalogy, 88(4), 1000–1008.

COSEWIC. 2003. COSEWIC Assessment and Status Report on the Rocky Mountain Ridged Mussel (Gonidea angulata) in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa.

Biological Resources Evaluation 44 Casino Basin Project September 2021 LSA
Cypher, B. L., Phillips, S. E., Westall, T. L., Tennant, E. N., Saslaw, L. R., Kelly, E. C., and Van Horn Job, C. L. (2016). Conservation of endangered tipton kangaroo rats (Dipodomys nitratoides nitratoides):

Status surveys, habitat suitability, and conservation strategies (Prepared for the California Department of Fish and Wildlife, Grant Agreement Number P1540030). Turlock, CA: California State University, Stanislaus, Endangered Species Recovery Program. 36 pp.

Cypher, B., Tennant, E., Maldonado, J., Saslaw, L., Westall, T., Mohay, J., Kelly, E., & Van Horn Job, C. (2017). Conservation of endangered Buena Vista Lake shrews (Sorex ornatus relictus) through investigation of taxonomic status, distribution, and use of non-invasive survey methods. Turlock, CA: California State University, Stanislaus. Retrieved from http://esrp.csustan.edu/publications/ Dunkle, S. W. (1977). Swainson’s hawks on the Laramie Plains, Wyoming. The Auk 94, 65–71.

Dunn, J. L., and J. Alderfer, (Eds.). (2008). Field guide to the birds of western North America. Washington, DC: National Geographic Society. 447 pp.

Endangered and Threatened Wildlife and Plants (ETWP); Determination of Endangered Status for the Giant Kangaroo Rat, 52 Fed. Reg. 283–288 (Jan. 5, 1987). Retrieved from http://ecos.fws.gov/docs/federal_register/fr1208.pdf
ETWP; Determination of Endangered Status for the Tipton Kangaroo Rat, 53 Fed. Reg. 25608–25611 (July 8, 1988). Retrieved from http://ecos.fws.gov/docs/federal_register/fr1436.pdf ETWP; Notice of petition findings and initiation of status reviews, 80 Fed. Reg. 56423–56432 (September 18, 2015). Retrieved from https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23315.pdf ETWP; Withdrawal of the Proposed Rule To Remove the Valley Elderberry Longhorn Beetle From the Federal List of Endangered and Threatened Wildlife, 79 Fed. Reg. 55874–55917 (Sep. 17, 2014).

Retrieved from http://www.gpo.gov/fdsys/pkg/FR-2014-09-17/pdf/2014-21585.pdf ETWP; Notice of petition findings and initiation of status reviews, 80 Fed. Reg. 56423–56432 (September 18, 2015). Retrieved from https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23315.pdf Federal Endangered Species Act of 1973 (FESA), 16 U.S.C. § 1531 et seq. (2021).

Garrett, K., and J. Dunn. (1981). Birds of southern California: Status and distribution. Los Angeles, CA: Los Angeles Audubon Society. 408 pp.

Germano, D. J. (2012). Ecology and biology of the giant kangaroo rat (Dipodomys ingens) [PowerPoint Slides]. Presented at the San Joaquin Valley Sensitive Species Workshop of The San Joaquin Valley Chapter of The Western Section of The Wildlife Society. Bakersfield, CA.

Granholm, S. (2008). Tricolored blackbird [Life history account]. In CWHR Program (Ed.), California wildlife habitat relationships system. Sacramento, CA: California Department of Fish and Wildlife. 3 pp.

Retrieved from http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=2181 Biological Resources Evaluation 45 Casino Basin Project September 2021 LSA
Grinnell, J. and A.H. Miller. (1944). The distribution of the birds of California. (Pacific Coast Avifauna Number 27). Berkeley, CA: Cooper Ornithological Club.

Harris, J. H., & Stearns, D. M. (1991). Population density, census methods, habitat relationships, and home range of the San Joaquin antelope squirrel, 1988–89 (Nongame bird and mammal section report 91-02). Oakland, CA: California Department of Fish and Game. 37 pp. Retrieved from http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=2953
Jepson Flora project (Eds.). (2021). Jepson eFlora. Retrieved from http://ucjeps.berkeley.edu/IJM.html Kakiba-Russel, K., Hubert, E., & Spiegel, L. K. (1991). Carrizo Plain Natural Area biological resources inventory: Sensitive species accounts. Sacramento, CA: California Energy Commission and The Nature Conservancy. 247 pp.

Kaufman, K. (2000). Kaufman field guide to birds of North America. New York, NY: Houghton Mifflin Company.

Migratory Bird Treaty Act of 1918 (MBTA), 16 U.S.C. § 703 et seq. (2021).

Morrell, S. (1972). Life history of the San Joaquin kit fox. California Fish and Game, 58(3), 162–174.

Native Fish and Wildlife Endangered Species, 32 Fed. Reg. 4001 (Mar. 11, 1967). Retrieved from http://ecos.fws.gov/docs/federal_register/fr18.pdf
Porter-Cologne Water Quality Control Act, C.W.A. § Section 13000 et seq. (2021).

Poulin, R. G., Wellicome, T. I., & Todd, L. D. (1998). Lagged response of Burrowing Owls and the overall responses of prairie raptor populations to a vole outbreak. In Abstracts of the Second International Burrowing Owl Symposium. Ogden, UT: 20 pp.

Stebbins, R. C. (1985). A field guide to western reptiles and amphibians (Peterson field guide), (2nd ed.).

Boston, MA: Houghton Mifflin Company. 336 pp.

Twisselmann, E. C. (1967). A flora of Kern County, California. The Wasmann Journal of Biology, 25, 1–395.

Shuford, W. D., Gardali, T., (with Comrack, L.A.). (Eds.). (2008). California bird species of special concern: a ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Sacramento, CA: California Department of Fish and Game.

United States Fish and Wildlife Service (USFWS). (1998). Recovery plan for upland species of the San Joaquin Valley, California. Portland, OR: Author. Retrieved from http://ecos.fws.gov/docs/recovery_plan/980930a.pdf
USFWS. (2006). Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus) 5-Year Review:

Summary and Evaluation. 30 pp.

Biological Resources Evaluation 46 Casino Basin Project September 2021 LSA
USFWS. (2010a). Blunt-nosed leopard lizard (Gambelia sila) 5-year review: Summary and evaluation.

Sacramento, CA: Author. 78 pp. Retrieved from
http://www.fws.gov/ecos/ajax/docs/five_year_review/doc3209.pdf USFWS. (2010b). Giant kangaroo rat (Dipodomys ingens) 5-year review: Summary and evaluation.

Sacramento, CA: Author. 50 pp.

USFWS. (2010c). San Joaquin kit fox (Vulpes macrotis mutica) 5-year review: Summary and evaluation.

Sacramento, CA: Author. 123 pp.

USFWS. (2010d). Tipton kangaroo rat (Dipodomys nitratoides nitratoides) 5-year review: Summary and evaluation. Sacramento, CA: Author. 102 pp. Retrieved from http://ecos.fws.gov/docs/five_year_review/doc3228.pdf
USFWS. (2011a). Buena Vista Lake ornate shrew (Sorex ornatus relictus) 5-year review: Summary and evaluation. Sacramento, CA: Author. 29 pp.

USFWS. (2011b). U.S. Fish and Wildlife Service standardized recommendations for protection of the endangered San Joaquin kit fox prior to or during ground disturbance. Sacramento, CA: Author. 9 pp. Retrieved from http://www.fws.gov/sacramento/es/Survey-ProtocolsGuidelines/Documents/kitfox_standard_rec_2011.pdf U.S. Fish and Wildlife Service (USFWS). (Last updated July 16, 2014). Buena Vista Lake ornate shrew (Sorex ornatus relictus) [Species profile]. Retrieved from
http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A0DV U.S. Fish and Wildlife Service (USFWS). (Last updated July 14, 2014). Tipton kangaroo rat (Dipodomys nitratoides nitratoides). [Species Profile for Tipton Kangaroo Rat]. Retrieved from http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A08S USFWS. (2021a). IPaC Trust Resources Report (Kern County). Author. Retrieved from https://ecos.fws.gov/ipac/
USFWS. (2021b). National Wetlands Inventory Website [July]. Washington, D.C.: Author. Retrieved from http://www.fws.gov/wetlands/
Western Regional Climate Center. (2021). Cooperative Climatological Data Summaries. Retrieved from https://wrcc.dri.edu/cgi-bin/cliMAIN.pl?caport+sca
Williams, D. F. (1980). Distribution and population status of the San Joaquin antelope squirrel and giant kangaroo rat. (Nongame Wildlife Investigation Final Report E-W-4). Sacramento, CA: California Department of Fish and Game. 48 pp.

Biological Resources Evaluation 47 Casino Basin Project September 2021 LSA
Williams, D. F. (1985). A review of the population status of the Tipton kangaroo rat, Dipodomys nitratoides nitratoides: Final report. Sacramento, CA: U.S. Department of the Interior, Fish and Wildlife Service. 44 pp.

Woodbridge, B. (1998). Swainson’s hawk Buteo swainsoni. In The riparian bird conservation plan: A strategy for reversing the decline of riparian-associated birds in California. California Partners in Flight.

Zeiner, D. C., Laudenslayer, W. F., Jr., Mayer, K. E., & White, M., (Eds.). (1988-1990). California’s wildlife.

Volumes I-III (California Statewide Wildlife Habitat Relationships System). Sacramento, CA:

California Department of Fish and Game.

Appendix A
Special-Status Plant and Wildlife Evaluation
Table A-1: Special-status Plants That May Occur in the Vicinity of the Project Site Scientific Name
Common Name
1 Status
Fed/State/CNPS Brief Description Known Records Potential to Occur Atriplex cordulata var. erecticaulis
Earlimart orache
-/-/1B.1 Herbaceous annual in the Chenopodiaceae found in valley and foothill grasslands on saline or alkaline soils, between 130 and 330 feet (40–100 meters) in elevation. Known from occurrences in western Tulare County, and northwestern Kern County.

Blooming period: August-September (November)
Closest historic record is based on collections during several years, the most recent being 1989, 6.9 miles southwest of the project in the Pixley Vernal Pool Preserve. The location shown in the CNDDB is a remnant 40-acre parcel of natural land that is surrounded by intensive agricultural development. Several other records are reported between 12 and 20 miles
southwest and northwest of the Project.

No annual Atriplex were observed during the reconnaissance site visit. Soils on the Project site and in the vicinity were not saline or alkaline and have been extensively disturbed by agricultural activity. No habitat features typical of known occurrences were present and it is not expected. No significant impacts are anticipated.

No Potential
Atriplex coronata var. vallicola
Lost Hills crownscale
-/-/1B.2 Annual herb in the Chenopodiaceae that occurs between 165 and 2,085 feet (50–635 meters) in elevation in chenopod scrub, valley and foothill grasslands, and vernal pools on alkaline soils. Known from occurrences in southeastern San Joaquin Valley from Kern County north to Fresno County and on the Carrizo Plain.

Blooming period: April - September
Closest historic record is a historic record from 1965, 6.9 miles southwest of the project. Record is based CNDDB “best guess”.

The location shown in the CNDDB is a remnant 40-acre parcel of natural land that is surrounded by intensive agricultural development. No other records appear within 20 miles of the project site.

No annual Atriplex were observed during the reconnaissance site visit. Soils on the Project site and in the vicinity were not alkaline and have been extensively disturbed by agricultural activity. No habitat features typical of known occurrences were present and it is not expected. No significant impacts are anticipated.

No Potential
Atriplex depressa
Brittlescale
-/-/1B.2 Herbaceous annual in the Chenopodiaceae found in chenopod scrub, meadows and seeps, and valley and foothill grasslands on alkaline and clay soils between 5 and 1,050 feet (1-320 meters) in elevation. Known to occur in the Great Central Valley from Kern County north to southern Butte County. Blooming period: April - October
Closest record is a historic record from 1965, 6.9 miles southwest of the project. Record is based on a location identified as “Pixley Natural Area about 5 miles northeast of Pixley”. The location shown in the CNDDB is a remnant 40-acre parcel of natural land that is surrounded by intensive
agricultural development. No other records appear within 20 miles of the project site.

No annual Atriplex were observed during the reconnaissance site visit. Soils on the Project site and in the vicinity were not alkaline and have been extensively disturbed by agricultural activity. No habitat features typical of known occurrences were present and it is not expected. No significant impacts are anticipated.

No Potential
Atriplex minuscula
Lesser saltscale
-/-/1B.1 Annual herb in the Chenopodiaceae found in chenopod scrub, playas, and valley and foothill grasslands in alkaline and sandy soils. Known from occurrences in the San Joaquin Valley from Kern County north to Alameda County and in the northern Sacramento Valley in southern Butte County. Blooming period:

May - October
Closest record is from a 1997 collection on Tulare County landfill property approximately 11.4 miles northwest of the Project site.

No annual Atriplex were observed during the reconnaissance site visit. Soils on the Project site and in the vicinity were not alkaline and have been extensively disturbed by agricultural activity. No habitat features typical of known occurrences were present and it is not expected. No significant impacts are anticipated.

No Potential
Atriplex persistens
Vernal pool smallscale
-/-/1B.2 Herbaceous annual in the Chenopodiaceae found in alkaline vernal pools between 35 and 375 feet (10-115 meters) in elevation. Known to occur in the Great Central Valley from Tulare County north to Glenn County. Blooming period: June - October Closest historic record is based on collections during several years, the most recent being 1985, 6.9 miles southwest of the project in the Pixley Vernal Pool Preserve. The location shown in the CNDDB is a remnant 40-acre parcel of natural land that is surrounded by intensive agricultural development. The next nearest records are over 30 miles north-northwest on CDFW’s Stone Corral Ecological Reserve.

No annual Atriplex were observed during the reconnaissance site visit. Soils on the Project site and in the vicinity were not alkaline and no vernal pools were present. The site has been extensively disturbed by agricultural activity. No habitat features typical of known occurrences were present and it is not expected. No significant impacts are anticipated.

No Potential
Atriplex subtilis
Subtle orache
-/-/1B.2 Annual herb in the Chenopodiaceae that occurs between 130 and 330 feet (40–100 meters) in elevation in valley and foothill grasslands on alkaline soils. Known from occurrences in the San Joaquin Valley from Kern County north to Stanislaus County and in Butte County. Blooming period: (April) June – September (October)
Closest historic record is based on collections during several years, the most recent being 1971, 6.9 miles southwest of the project in the Pixley Vernal Pool Preserve. The location shown in the CNDDB is a remnant 40-acre parcel of natural land that is surrounded by intensive agricultural development. Several other records are reported between 10 and 14 miles
southwest and northwest of the Project.

No annual Atriplex were observed during the reconnaissance site visit. Soils on the Project site and in the vicinity were not alkaline.

The site has been extensively disturbed by agricultural activity. No habitat features typical of known occurrences were present and it is not expected. No significant impacts are anticipated.

No Potential
Scientific Name
Common Name
1 Status
Fed/State/CNPS Brief Description Known Records Potential to Occur Azolla microphylla
Mexican mosquito fern
-/-/4.2 This fern in the Azollaceae is found in marshes and swamps (ponds, slow moving water), between 30 and 330 feet (30–100 meters) in elevation. Known to occur in the San Joaquin Valley and southern Sierra Nevada foothills in Kern County, east of the Sierra Nevada in Inyo and Mono Counties, the western
Transverse Ranges in San Bernardino County, the Sacramento Valley in San Joaquin, Glenn, Sutter and Butte Counties, the northern High Sierra Nevada in Plumas County, the northern Sierra Nevada Foothills in Nevada County, and the Modoc Plateau in Modoc County. Blooming period: August
Closest historic record is 4.75 miles south-southwest of the Project site along Deer Creek. There are no recent records within 20 miles of the Project.

There is no suitable habitat on the Project site. Irrigation ditches and the pond west of the Project have been subject to frequent disturbance and would not support this species.

No Potential
Caulanthus californicus
California jewelflower
E/E/1B.1 Herbaceous annual in the Brassicaceae that occurs between 200 and 3,280 feet (61–1,000 meters) in elevation on sandy soils in chenopod scrub, pinyon and juniper woodland, and valley and foothill grasslands. Although many populations are thought to have been extirpated from the San Joaquin Valley, occurrences are known from Kern, Kings, Tulare, San Luis Obispo, Santa Barbara, and Fresno Counties. Blooming period: February - May Closest historic record is at the Pixley Vernal Pool Preserve, 6.9 miles southwest of the Project. This location consisted of a transplanted population that was last seen in 1981. All other populations with 25 miles are documented by the CNDDB as extirpated due to agriculture and urban development.

Soils on the Project site and in the vicinity have been manipulated multiple times over the years and this species is not tolerant of the type of disturbance that has occurred. No suitable habitat was present, and no significant impacts are anticipated.

No Potential
Clarkia exilis
Slender clarkia
-/-/4.3 Herbaceous annual in the Onagraceae found in cismontane woodland from 395 and 3,280 feet (120–1,000 meters) in
elevation. Known from east of Fresno south through the foothills and lower mountains of Tulare and Kern Counties. Several collections have been recorded along the lower Kern River canyon east of Bakersfield. Blooming period: April-May
The nearest record is just over 10 miles northeast of the Project site near Lake Success (CCH 2021).

Although the Project site is within the elevational range for this species, it is not typically a valley floor species. No suitable habitat was present, and the site has been subjected to multiple years of surface disturbance from agricultural activities. This species is not expected, and no significant impacts are anticipated.

No Potential
Clarkia springvillensis
Springville clarkia
T/E/1B.2 Annual herb in the Onagraceae found in chaparral, cismontane woodland, and valley and foothill grasslands on granitic soils, between 805 and 4,005 feet (245–1,220 meters) in elevation.

Known to occur in the southern Sierra Nevada foothills in Tulare County. Blooming period: (March) April to July
Closest record is reported by the CNDDB as near Lewis Hill Preserve, about 7 miles north-northeast of the Project.

The Project site is outside of the known elevational range for this species. No suitable soils were present, and the site has been subjected to multiple years of surface disturbance from agricultural activities. This species is not expected, and no significant impacts are anticipated.

No Potential
Convolvulus simulans
Small-flowered morning glory
-/-/4.2 Herbaceous annual in the Convolvulaceae found in open areas in chaparral, coastal scrub, and valley and foothill grasslands on clay and serpentinite seeps, between 100 and 2,430 feet (30-740 meters) in elevation. Known in the San Joaquin Valley from eastern Contra Costa County south to Kern County; South Coast Ranges from Monterey County South to the Peninsular Ranges.

Blooming period: March-July
Collection record approximately 9.1 miles east-northeast of the Project site near Lake Success (CCH 2006).

No suitable soils were present, and the site has been subjected to multiple years of surface disturbance from agricultural activities.

This species is not expected, and no significant impacts are anticipated.

No Potential
Delphinium hansenii ssp. ewanianum
Ewan’s larkspur
-/-/4.2 Herbaceous perennial in the Ranunculaceae found in cismontane woodland, and valley and foothill grasslands on rocky soils, 195 and 1,970 feet (60–600 meters) in elevation. Known to occur in the San Joaquin Valley from Kern County north to Merced and Calaveras Counties. Blooming period: March-May
Historic record (1882) located approximately 7.1 mile south of the Project site. Additional historic records 17.4 miles south (1941) and 11.2 miles north-northwest (1998)
No suitable soils were present, and the site has been subjected to multiple years of surface disturbance from agricultural activities.

This species is not expected, and no significant impacts are anticipated.

No Potential
Scientific Name
Common Name
1 Status
Fed/State/CNPS Brief Description Known Records Potential to Occur Delphinium recurvatum
Recurved larkspur
-/-/1B.2 Perennial herb in the Ranunculaceae occurring between 10 and 2,460 feet (3–750 meters) in elevation in chenopod scrub, cismontane woodland, and valley and foothill grasslands on alkaline soils. Known to occur in the Mojave Desert and Southern San Joaquin Valley in Kern County north to Solano County; the South Inner Coastal Ranges from San Luis Obispo County north to Stanislaus County, and the Sacramento Valley from San Joaquin County north to Butte County. Blooming period: March - June Closest known record is from several collections at the Pixley Vernal Pool Preserve, 6.9 miles southwest of the Project, the most recent being 1989. Numerous records are reported
between 10 and 20 miles from the Project.

Soils on the Project site and in the vicinity were not alkaline and have been manipulated multiple times over the years. No habitat features typical of known occurrences were present and it is not expected. No significant impacts are anticipated.

No Potential
Diplacus pictus
Calico monkeyflower
-/-/1B.2 Annual herb in the Phrymaceae found in broadleafed upland forest and cismontane woodlands between 330 and 4,690 feet (100–1430 meters) in elevation in Kern and Tulare counties.

Blooming period: March - May
The nearest record is from approximately 9 miles eastnortheast of the Project, with several records between 12 and 20 miles away.

No suitable habitat for this species was present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Eryngium spinosepalum
Spiny-sepaled button-celery
-/-/1B.2 Annual or perennial herb in the Apiaceae found in valley and foothill grasslands and vernal pools between 260 and 3,200 feet (80–975 meters) in elevation. Known to occur in the San Joaquin Valley and Sierra Nevada foothills from Stockton south to southern Kern County. Blooming period: April to June
The nearest record is from approximately 8.8 miles eastnortheast of the Project, with one additional record approximately 12.4 miles east-northeast. All other records are greater than 20 miles from the Project.

No suitable habitat for this species was present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Fritillaria agrestis
Stinkbells
-/-/4.2 Perennial bulbiferous herb in the Liliaceae found in chaparral, cismontane woodland, pinyon and juniper woodland, and valley and foothill grasslands on clay soils (sometimes serpentinite) between 35 and 5,100 feet (10–1,555 meters) in elevation.

Known to occur in the Coast Ranges and Transverse Ranges from Ventura County north to Mendocino County, the San Joaquin Valley, and the Sierra Nevada Foothills from Kern County north to Yuba County. Blooming period: March-June
No records within 10 miles of the Project site. Nearest record is

16.3 miles east-northeast near Springville (1982).

No suitable habitat or soils for this species were present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Fritillaria striata
Striped adobe lily
-/T/1B.1 Perennial bulbiferous herb in the Liliaceae found in cismontane woodland and valley and foothill grasslands usually on clay soils between 445 and 4,775 feet (135–1,455 meters) in elevation.

Known to occur in the Tehachapi foothills and southern Sierra Nevada foothills from Kern and Tulare Counties. Blooming period:

February to April
The nearest record is from approximately 4.4 miles eastnortheast of the Project, with several other records within the 10-mile radius, northeast of the Project.

No suitable habitat or soils for this species were present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Lasthenia chrysantha
Alkali sink goldfields
-/-/1B.1 Annual herb in the Asteraceae found between 3 and 4,000 feet (1–1,220 meters) in elevation in marshes, swamps, playas, and vernal pools. Known from occurrences in the Transverse Ranges in Santa Barbara, Ventura, and San Bernardino Counties, the Peninsular Ranges in San Diego, Orange and Riverside Counties, the South Coast in Los Angeles County, the Northern Channel Islands, the South Coast Ranges in San Luis Obispo County, the Tehachapi Mountains in Kern County, and the Southern San Joaquin Valley in Kern, Tulare, and Merced Counties. Blooming period: February - June
Two historic records are reported within the 10-mile radius: 1 at Pixley Vernal Pool Preserve (6.9 miles southwest) and another approximately 8.8 miles southwest of the Project.

No suitable habitat for this species was present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Leptosiphon serrulatus
Madera leptosiphon
-/-/1B.2 Annual herb in the Polemoniaceae found in cismontane woodland and lower montane coniferous forests between 985 and 4,265 feet (300–1,300 meters) in elevation. Known to occur in the Tehachapi Mountains and Sierra Nevada foothills from Kern County to Mariposa County, and in the San Joaquin Valley near Fresno. Blooming period: April -May
The nearest historic record (1935) is from approximately 6.3 miles east of the Project, with several other records outside of the 10-mile radius, greater than 20 miles away.

The Project site is below the known elevational range for this species. No suitable habitat was present, and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Scientific Name
Common Name
1 Status
Fed/State/CNPS Brief Description Known Records Potential to Occur Monolopia congdonii
San Joaquin woolly-threads
E/-/1B.2 Annual herb in the Asteraceae found between 195 and 2,625 feet (60–800 meters) in elevation in chenopod scrub, and valley and foothill grasslands, on sandy soils. Known to occur in the San Joaquin Valley from Kern County north to San Benito County, and the Carrizo Plain in San Luis Obispo and Santa Barbara Counties.

Blooming period: February - May
Closest known record is a historic record from 1881, mapped by CNDDB as “best guess” along the entire length of Deer Creek, which is 2.7 miles south of the Project at its closest point. CNDDB also reports that this population may be
extirpated due to habitat conversion.

No suitable habitat or soils for this species were present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Navarretia nigelliformis ssp. radians
Shining navarretia
-/-/1B.2 Annual herb in the Polemoniaceae found in cismontane woodland, valley and foothill grasslands, and vernal pools between 215 and 3,280 feet (65–1,000 meters) in elevation.

Known to occur in the western San Joaquin Valley and Inner and outer Coast Ranges from San Luis Obispo County north to Merced County, in the eastern San Joaquin Valley from Tulare County north to Madera County, with occurrences additionally recorded in Alameda, Contra Costa, and Colusa Counties. Blooming period:
(March) April-June
Only one population recorded within 10-mile radius, about 9.1 miles east-northeast of the Project near Lake Success.

Additional populations north of Fresno and west of the San Joaquin Valley in the Coast Ranges.

No suitable habitat for this species was present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Pseudobahia peirsonii
San Joaquin adobe sunburst
T/E/1B.1 Annual herb in the Asteraceae found in cismontane woodland and valley and foothill grasslands on adobe clay soils between 295 and 2,625 feet (90–800 meters) in elevation. Known to occur in the Tehachapi Mountains, southern Sierra Nevada foothills and eastern San Joaquin Valley from Kern County north to Fresno County. Blooming period: February-April
Several occurrences reported south, east, and north of the Project, with the nearest recent record approximately 6.6 miles north-northeast of the Project.

No suitable habitat or soils for this species were present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Puccinellia simplex
California alkali grass
-/-/1B.2 Annual herb in the Poaceae found in chenopod scrub, meadows and seeps, valley and foothill grassland, and vernal pools; in alkaline, vernally-mesic sinks, flats, and lake margins between 5 to 3,050 feet (2–930 meters) in elevation. Known from locations in Alameda, Butte, Contra Costa, Colusa, Fresno, Glenn, Kern, Lake, Los Angeles, Madera, Merced, Napa, San Bernardino, Santa Clara, Santa Cruz, San Luis Obispo, Solano, Stanislaus, Tulare, and Yolo Counties. This species is presumed extirpated in Kings County. Blooming period: March-May
Closest record is from a 1998 collection on Tulare County landfill property approximately 11.4 miles northwest of the Project site.

No suitable habitat or soils for this species were present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Senecio aphanactis
Chaparral ragwort
-/-/2B.2 Annual herb in the Asteraceae found in chaparral, cismontane woodland, and coastal scrub, occasionally on alkali soils, between 50 and 2,625 feet (15–800 meters) in elevation. Known to occur in Contra Costa County in the San Francisco Bay area south through the Inner South Coast Ranges, the South Coast from Los Angeles County to San Diego County, and the Transverse Ranges.

Blooming period: January-April (May)
Nearest record is 10.8 miles east-northeast near Lake Success, where it was collected in 1982.

No suitable habitat or soils for this species were present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Sidalcea keckii
Keck’s checkerbloom
E/-/1B.1 Annual herb in the Malvaceae found in cismontane woodland and valley and foothill grasslands on serpentinite and clay soils between 245 and 2,135 feet (75–650 meters) in elevation. Known to occur in the Sierra Nevada foothills from Madera County south to Tulare County and from Colusa, Glenn, Lake, Napa, Solano, and Yolo Counties, although these plants may actually be S. diploscypha. Blooming period: April-May (June)
No recent records within 10-mile radius. Historic records approximately 8.7 miles east and 11.9 miles east-northeast of the Project.

No suitable habitat or soils for this species were present and soils have been manipulated multiple times over the years. This species is not expected, and no significant impacts are anticipated.

No Potential
Trichostema ovatum
San Joaquin bluecurls
-/-/4.2 Annual herb in the Lamiaceae found in chenopod scrub and valley and foothill grasslands between 215 and 1,050 feet (65–320 meters) in elevation. Known to occur in the San Joaquin Valley from Kern County north to Fresno County. Blooming period:
(April-June) July-October
Nearest collection record approximately 13.6 miles west— southwest of the Project
Although this species may be found in disturbed situations, the degree of surface manipulation due to ongoing agricultural activity has eliminated potential habitat. This species is not expected, and no significant impacts are anticipated.

No Potential
1STATUS: Federal and State Listing Code
D Delisted
E Federally or State-listed Endangered
S BLM Sensitive Species
T Federally or State-listed Threatened
- No listing status
CNPS
1A Plants presumed extirpated in California, and either rare or extinct elsewhere 1B.1 Plants considered rare, threatened, or endangered in California and elsewhere; seriously threatened in California 1B.2 Plants considered rare, threatened, or endangered in California and elsewhere; fairly threatened in California 1B.3 Plants considered rare, threatened, or endangered in California and elsewhere; not very endangered in California 2B.1 Plants considered rare, threatened, or endangered in California, but more common elsewhere; seriously threatened in California Sources: Jepson Flora Project (2021), CNPS (2021), Calflora (2021), CNDDB (2021) unless otherwise noted Table A-2: Special-status Wildlife That May Occur in the Vicinity of the Project Site.

Scientific Name
Common Name
1Status
Federal/State General Habitat Known Records Potential to Occur Invertebrates
Bombus crotchii
Crotch bumble bee
-/C Occupies grasslands and shrublands. They are social insects that live in annual colonies. Nests are often underground in abandoned rodent burrows, rock piles, or dead tree cavities.

Historically found primarily in the Central Valley, now this species is most commonly found in the southern California coastal areas; a strong affinity for milkweed as a food source.

Closest known record is a general record near Porterville where collections of this species were made in 1958, 1959, and 1963, 4.25 miles northeast of the Project site.

No likely habitat for nests was detected on site during reconnaissance survey. No milkweed or other flowering plants likely to support this species were observed in the agricultural fields or roadside areas.

No Potential
Branchinecta lynchi
Vernal pool fairy shrimp
T/- Occupies a variety of different vernal pool habitats, from small, clear, sandstone rock pools to large, turbid, alkaline, grassland valley floor pools. They are most frequently found in pools measuring less than 0.05 acres (0.02 hectares). Distribution in the Central Valley ranges from Shasta County to Tulare County.

Kern County has no documented occurrences.

Several CNDDB records within 10-mile radius of Project. All records are associated with vernal pools.

No suitable habitat for this species was present on the project site.

No Potential
Desmocerus californicus dimorphus
Valley elderberry longhorn beetle
T/- This species is endemic to California’s Central Valley and has only been found in association with their host plant: the elderberry (Sambucus spp.); all life stages are dependent on this plant (USFWS 2006). Populations may be found in riparian settings or higher elevations in foothill oak woodland (i.e., 60– 2,060 feet [18.3–689 meters] in elevation).

Several records along the Tule River and Deer Creek, with the nearest 4.9 miles east-northeast of the Project site; however, the USFWS has determined that Tulare County is unlikely to be occupied by this species (ETWP 2014).

No suitable habitat for this species was present on the project site. Species range was adjusted exclude Tulare County (ETWP 2014).

No Potential
Lytta hoppingii
Hopping’s blister beetle
-/- Adults in this genus are often found on flowers, but there is no published information on habitat or floral visitation records for this species. Known from central California and has been collected in Kern and Tulare Counties.

Historic record (1934) consisting of collected individuals being housed at the Tulare County Agricultural
Commissioner’s office in Visalia. Collection labeled as Ducor, approximately 8 miles south of the Project site, although it is unclear where the actual collections were made.

Soils on the Project site and in the vicinity have been manipulated multiple times over the years. Historical
agricultural practices have created unsuitable conditions for this species.

No Potential
Lyta morrisoni
Morrison’s blister beetle
-/- Adults in this genus are often found on flowers, but there is no published information on habitat or floral visitation records for this species. Known from the southern Central Valley.

Historic record (1939) consisting of collected individuals being housed at the Tulare County Agricultural
Commissioner’s office in Visalia. Collection labeled as “Plano, Tulare County”, which is approximately 3.2 miles eastnortheast of the Project site, although it is unclear where the actual collections were made.

Soils on the Project site and in the vicinity have been manipulated multiple times over the years. Historical
agricultural practices have created unsuitable conditions for this species.

No Potential
Scientific Name
Common Name
1Status
Federal/State General Habitat Known Records Potential to Occur Fish
Hypomesus transpacificus
Delta smelt
T/T Found only in the Sacramento-San Joaquin Estuary in the interface between salt and freshwater.

There are no CNDDB records for this species within 20 miles of the project site.

No suitable habitat for this species was present on the project site.

No Potential
Amphibians
Rana draytonii
California red-legged frog
T/- Found in dense, shrubby riparian vegetation associated with deep (0.6 meters; 2 feet), still or slow-moving water; arroyo willow (Salix lasiolepis) seems to be most suitable, but cattails (Typha sp.) and bulrushes (Scirpus sp.) also provide good habitat.

Although Tulare County may have been part of the historic range for this species, currently, the range does not extend south of the northern Tulare County line.

No suitable habitat for this species was present on the project site.

No Potential
Spea hammondii
Western spadefoot (toad)
-/CSC Central valley and adjacent foothills, Coast Ranges from Point Conception south to the Mexico border; valley-foothill
grasslands and valley-foothill hardwood, shallow temporary pools used for breeding, below 4,472 feet (1,363 meters).

Closest record is from 1978, approximately 6.9 miles
southwest of the Project site at Pixley Vernal Pool Preserve.

Although the record is historic, habitat is still intact on this 40-acre parcel that is surrounded by agricultural
development. No other records within the 10-mile radius.

No suitable habitat for this species was present on the project site.

No Potential
Reptiles
Anniella pulchra
Northern California legless lizard
-/CSC Inhabits loose soil with plant cover. Occurs in sparsely vegetated areas of arid scrub, sandy washes, and stream terraces with shrub cover or sycamores and/or cottonwood tree cover. Has been documented in undeveloped or lightly developed areas within Bakersfield city limits and
unincorporated areas of Bakersfield.

Three recent collection records that have been identified by species experts as A. pulchra are located 6.0, 7.1, and 8.8 miles east-northeast of the Project site in relatively intact habitat.

The Project site lacks suitable cover; soils and have been manipulated multiple times over the years. Historical
agricultural practices have eliminated potential for this species.

No Potential
Emys marmorata
Western pond turtle
-/CSC Completely aquatic requiring calm waters such as pools or streams with vegetation banks or logs for basking. Will utilize upland habitat up to about 0.3 miles (0.5 kilometers) from water.

Closest known record is a historic occurrence (1988), 14.5 miles east of the Project site on the South Fork of the Tule River. There are no recent records within 20 miles of the Project site.

No suitable habitat for this species was present on the project site.

No Potential
Gambelia sila
Blunt-nosed leopard lizard
E/E, SFP Found only in the San Joaquin Valley, adjacent Carrizo Plain, Elkhorn Plain, Cuyama Valley, and Panoche Valley; inhabits sparsely vegetated plains, lower canyon slopes, on valley floors, and washes; open grassland, saltbush scrub, and alkali sink are more common habitat types.

Although no occurrences have been reported within 10-
miles of the Project site, numerous records have been
reported to the south and west of the area searched for this report.

No suitable habitat or potentially suitable refugia were observed on the Project site. Ongoing intensive agricultural practices on the Project site with no nearby natural lands result in unsuitable habitat for this species.

No Potential
Masticophis flagellum
ruddocki
San Joaquin coachwhip
-/CSC Found in the San Joaquin Valley in open, dry habitats.

Associated with valley grassland and saltbush scrub habitats containing small mammal burrows which are used for refugia and oviposition sites.

Closest record is approximately 16 miles southwest of the Project site at Allensworth Ecological Reserve.

No suitable habitat for this species was present on the project site.

No Potential
Phrynosoma blainvillii
Coast horned lizard
-/CSC Inhabits valley-foothill hardwood, coniferous and riparian, as well as pine-cypress, juniper, and annual grasslands, in Sierra Nevada below 3,937 feet (1,200 meters) and in mountains of Southern California and into the adjacent valleys.

Closest records are 15 to 18 miles southwest of the Project site in the vicinity of the Allensworth Ecological Reserve.

No suitable habitat for this species was present on the project site.

No Potential
Thamnophis gigas
Giant garter snake
T/T Highly aquatic; usually found in areas of freshwater marsh lowgradient streams, drainage canals and irrigation ditches, especially those associated with rice farming; historically occurred in the San Joaquin Valley from the vicinity of Sacramento southward to Buena Vista and the Tulare Lake Basin; currently known from near Chico, Butte County, to the vicinity of Burrel, Fresno County.

Nearest historic record (date unknown) is 47 miles southsouthwest of the Project site near Buttonwillow at a location presumed to be extirpated.

No suitable habitat for this species was present on the project site. Species has been extirpated from Tulare County.

No Potential
Birds
Agelaius tricolor
Tricolored blackbird
-/T Forages in grasslands, wetlands, rice fields, croplands, and weedy uplands dominated by mustards and thistles, etc.; breeds in marshes containing heavy growth of bulrushes, cattails, and blackberries; found throughout the Central Valley.

Two records are known within the 10-mile radius, one of which (6.7 miles west-southwest) is thought to be
extirpated. A record near Success Dam, 8.3 miles eastnortheast of the Project site may be extant.

No suitable nesting habitat for this species was present on the Project. The site represents suitable foraging habitat.

Moderate Potential (foraging)
Scientific Name
Common Name
1Status
Federal/State General Habitat Known Records Potential to Occur Athene cunicularia
Burrowing owl
-/CSC Inhabit dry, open grasslands, rolling hills, desert floors, prairies, savannas, agricultural land, and other areas of open, bare ground. These owls will also inhabit open areas near human habitation, such as airports, golf courses, shoulders of roads, railroad embankments, and the banks of irrigation ditches and reservoirs.

Although no occurrences have been reported within 10-
miles of the Project site, numerous records have been
reported to the south and west of the area searched for this report.

No California ground squirrel burrows or potential burrow surrogates were observed during the reconnaissance survey; therefore, no nesting or other burrow use would be expected.

Foraging in fallow fields may occur if nearby areas are occupied.

See further discussion in Section 3.2.2.

Low Potential
Buteo swainsoni
Swainson’s hawk
-/T Riparian and sometimes large, isolated trees used for nesting; grasslands and agricultural lands used for foraging; in California, breeds primarily in the Sacramento Valley, with occasional nesting to the south through Kern County; migrate through the Central and San Joaquin Valleys to their wintering grounds in South America.

Closest known record is a nesting location 3.7 miles north of the Project site near the Friant-Kern Canal on the west side of Porterville (2017). No other nests are reported in the CNDDB within the 10-mile radius, although several have
been reported beyond the 10-mile radius to the west and north of the Project site.

No potential nest trees were observed on or adjacent to the Project site. The alfalfa currently on the Project site represented suitable foraging habitat. See further discussion in Section 3.2.2.

Moderate Potential (foraging)
Gymnogyps californianus
California condor
-/CSC This species forages over wide areas of open rangelands, roost on cliffs and in large trees and snags; occurs mostly between sea-level and 2,743 meters (9,000 feet), and nests from 610 to 1,981 meters (2,000–6,500 feet). Condors require vast
expanses of open savannah, grasslands, and foothill chaparral, with cliffs, large trees, and snags for roosting and nesting.

The southwestern extent of a polygon representing the Blue Ridge Condor Area is located approximately 6.6 miles
northeast of the Project site. This area is described as “Roosting area, April through September”.

No suitable nesting habitat was present on the project for this species. This species is unlikely to forage on the Project site due to lack of nearby nesting habitat.

No Potential
Mammals
Antrozous pallidus
Pallid bat
-/CSC Throughout Californian except high Sierra Nevada from Shasta County south to Kern County and the northwestern corner of the state; grasslands, shrub lands, woodlands, and forest habitats; roosts in caves, crevices, mines and hollow trees.

Closest records are historic collections of individuals in 1943 and 1946, located 8.2 miles east of the Project site.

No suitable roosting habitat was present on the Project site for this species and there is a low likelihood for foraging in the vicinity.

No Potential
Corynorhinus townsendi
Townsend’s big-eared bat
-/CSC Occurs throughout California except at the highest elevations; requires caves, mines, tunnels, or other structures for roosting; prefers moist habitats, feeding from brush or trees along habitat edges.

Closest record consists of 2 individuals that were observed in association with mines approximately 6.7 miles northeast of the Project site in 1988.

No suitable roosting habitat was present on the Project site for this species and there is a low likelihood for foraging in the vicinity.

No Potential
Dipodomys nitratoides nitratoides
Tipton kangaroo rat
E/E Found in arid communities on the valley floor portions of Kern, Tulare, and Kings counties in scrub and grassland communities on level to near-level terrain; alluvial fans (fine sands and sandy loams) with sparse grasses and woody vegetation such as iodine bush, saltbush, seep weed, and mesquite.

Closest known record is a historic museum record from
1943, approximately 8.8 miles northwest of the Project site.

Nearest recent record is located approximately 17.6 miles southwest of the Project.

No burrows potentially occupied by Tipton kangaroo rat were observed during the fieldwork conducted for the preparation of this report.

No Potential
Eumops perotis californicus
Western mastiff bat
-/CSC Open, semi-arid to arid habitats, including conifer and deciduous woodlands, annual and perennial grasslands,
chaparral, desert scrub, and urban areas; roosts in cliff faces, as well as high buildings, trees, and tunnels; uncommon resident in southwestern San Joaquin Valley.

Multiple individuals were detected in 1994 near Lake
Success, 9.1 miles east-northeast of the Project site.

No suitable roosting habitat was present on the project for this species. The site represents poor foraging habitat.

No Potential
Lasiurus cinereus
Hoary bat
-/- The most widespread North American bat. Winters along the coast and in southern California, breeding inland and north of the winter range. Breeding habitat includes all woodlands and forests with medium to large-size trees and dense foliage.

Closest known record is a historic record from 1919, 8.3 miles south-southeast of the Project site. No recent
occurrences have been recorded within 20 miles of the
project site.

No suitable habitat was present on the project for this species.

The site represents poor foraging habitat, and it is not expected.

No Potential
Scientific Name
Common Name
1Status
Federal/State General Habitat Known Records Potential to Occur Taxidea taxus
American badger
-/CSC Uncommon resident found throughout California; in relatively low disturbance grassland and shrubland habitats in San Joaquin Valley.

The closest record is a historic but undated collection of an individual in the vicinity of the Porterville Airport, which is approximately ½-mile east of the storm drain terminus on West Street.

No dens, burrows, or digs indicating presence of American badger occupation or foraging were observed during the
fieldwork conducted for the preparation of this report. The Project site is primarily active agriculture, which is not generally considered suitable habitat for this species. However, the fallow portion of the basin site and the annual grassland east of the northern end of the stormwater drain pipe represent potentially suitable denning and foraging habitat.

Low Potential
Vulpes macrotis mutica
San Joaquin kit fox (SJKF)
E/T Found in scrub habitats, annual grassland, and valley sacaton grassland in the Central Valley and adjacent foothills and valleys, infrequently to the outer Coast Ranges; generally not found in densely wooded areas, wetland areas, or areas subject to frequent periodic flooding.

This species has been documented historically throughout the 10-mile radius; however, there are no recent records in the vicinity of the Project site. The nearest historic record is located approximately 600 feet west of the Project site at the Tulare County Landfill south of Avenue 128.

No dens, burrows, or sign indicating presence of San Joaquin kit fox occupation or foraging were observed during the fieldwork conducted for the preparation of this report. The Project site is primarily active agriculture, which is not generally considered suitable habitat for this species. However, the fallow portion of the basin site and the annual grassland east of the northern end of the stormwater drain pipe represent potentially suitable denning and foraging habitat.

Low Potential 1STATUS:

Federal
E Listed as Endangered
T Listed as Threatened
C Candidate for listing
State
C Candidate for Listing
CSC California Department of Fish and Wildlife Designated Species of Special Concern E Listed as Endangered
SFP California Department of Fish and Wildlife Designated Fully Protected T Listed as Threatened
Sources (unless otherwise noted): Zeiner et al. (1988-1990), CNDDB (2021) Appendix B
Photographs of the Proposed Basin Location, Recirculation Pond, and Stormwater Drain Pipe
August 18 and 19, 2021
Photo B-1: Photograph of the proposed basin site taken at the northwest corner facing east (August 18, 2021)
Photo B-2: Photograph of the proposed basin site taken at the northwest corner facing south (August 18, 2021)
Photo B-4: Photograph of the project site taken at the southeast corner facing northwest (April 2, 2021)
Photo B-3: Photograph of the proposed recirculation pond site taken at the southwest corner facing north (August 18, 2021)
Photo B-5: Photograph of the proposed basin site taken at the southeastern corner facing north (August 18, 2021)
Photo B-6: Photograph of proposed stormwater drain pipe route from Road 216 facing east (August 19, 2021)
Photo B-7: Photograph of proposed stormwater drain pipe route from West Street facing west (August 19, 2021)
Photo B-8: Photograph of proposed stormwater drain pipe route along West Street facing north (August 19, 2021)
Appendix C
Plants and Wildlife Observed During Project Site Surveys 2021
Table C-1: Plant Observed During the Reconnaissance Survey Conducted in 2021.

Scientific Name Common Name
Amaranthacea
Amaranthus palmeri Palmer’s amaranth
Asteraceae
Erigeron canadensis Canada horseweed
Gnaphalium palustre Lowland cudweed
Lactuca serriola Prickly lettuce*
Brassicaceae
Capsella bursa-pastoris Shepherd’s purse*
Poaceae
Avena fatua Wildoats*
Dactylis glomerata Orchardgrass*
Festuca perrenis Italian ryegrass*
Leptochloa fusca Sprangletop
Polypogon monspeliensis Rabbitsfoot grass*
Sorghum halapense Johnsongrass*
Zygophyllaceae
Tribulus terrestris Puncture vine*
* Non-native
Table C-2: Wildlife Species Observed during the Reconnaissance Survey Conducted in 2021 Scientific Name Common Name
Birds
Buteo jamaicensis Red-tailed hawk
Cathartes aura Turkey vulture
Corvus brachyrhynchos American crow
Corvus corax Common Raven
Haemorhous mexicanus House finch
Hirundo rustica Barn swallow
Petrochelidon pyrrhonota Cliff swallow
Zenaida macroura Mourning dove

INITIAL S TUDY /MITIGATED NEGATIVE DECLARATION
J ANUARY 2022

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA
P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin Public Review Draft ISMND.docx (01/14/22)

APPENDIX C

CULTURAL RESOURCE SURVEY

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA

INITIAL S TUDY /MITIGATED NEGATIVE DECLARATION
J ANUARY 2022
P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin Public Review Draft ISMND.docx (01/14/22) This page intentionally left blank

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
285 South Street, Suite P, San Luis Obispo, CA 93401 805.782.0745 www.lsa.net August 23, 2021
Michael L. Knight, Public Works Director
City of Porterville
291 North Main Street
Porterville, CA 93257
Subject: Phase I Cultural Resources Survey for the Casino Basin Project in Porterville, Tulare County, California (LSA Project No. POR1801.24)
Dear Mr. Knight:

LSA conducted a Phase I Cultural Resources Survey (study) for the proposed Casino Basin Project (project) in Porterville, Tulare County, California, which includes development of a retention basin and associated storm drain. All cultural resources study work was completed per the requirements of the California Environmental Quality Act of 1970 (CEQA).

This study has the following purposes: (1) identify archaeological deposits that may meet the CEQA definition of a historical resource (California Public Resources Code [PRC] Section 21084.1) or a unique archaeological resource (PRC Section 21083.2) and that may be impacted by the proposed project; (2) assess the potential for human remains; and (3) recommend procedures for avoiding or mitigating impacts to such deposits, if warranted. The study consisted of background research and a field survey and was conducted by LSA Associate/Senior Archaeologist Kerrie Collison, M.A., Registered Professional Archaeologist (RPA) No. 28731436.

PROJECT SITE LOCATION AND CHARACTERISTICS
The project site, which is also the study site, is depicted on the United States Geological Survey (USGS) Porterville, California 7.5-minute topographic quadrangle map in Sections 7 and 8 of Township 22 South, Range 27 East, Mount Diablo Baseline and Meridian (USGS 1969; Figure 1). (All references are in Attachment A, and all figures are in Attachment B.) The main portion of the project site is located in the southwestern portion of Porterville, at the northwest corner of Road 216 and Avenue 128 (Figure 2). The proposed storm drain follows existing paved streets east of the main project site.

The project site is relatively flat and is at an approximate elevation of 410 feet (ft). The nearest current natural water source (the Tule River) is 2.75 miles (mi) north-northeast of the main project site. Subsurface sediments of the project site consist of Quaternary marine and nonmarine alluvium, lake, playa, and terrace deposits consisting of sedimentary rocks that date to the Pleistocene (ranging from 2.58 million years ago to 11,700 years ago). 1 The project site is currently used for
agricultural purposes.
1 California Geological Survey. 2015. Geologic Map of California. Website: https://maps.conservation. ca.gov/cgs/gmc/ (accessed August 22, 2021).
8/23/21 (\\acorp04\SLOProjects\POR1801.24 Casino Basin\Letter report\Casino Basin cultural letter report.docx) 2

BACKGROUND RESEARCH
Southern San Joaquin Valley Information Center
A record search of the project site and a 0.5 mi search radius was conducted on May 24, 2021, by staff members at the Southern San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System (CHRIS) at California State University, Bakersfield (SSJVIC Records Search File No. 21-175). The SSJVIC, an affiliate of the California Office of Historic Preservation (OHP), is the official repository of cultural resources records and reports for Fresno County. Background research also included a review of the following State and federal inventories:
• Built Environment Resources Directory (BERD)1
• California Historical Landmarks (OHP 1996)
• California Points of Historical Interest (OHP 1992)
• Five Views: An Ethnic Historic Site Survey for California (OHP 1988) • California Inventory of Historic Resources (OHP 1976) The record search results (Attachment C) indicate that three previous cultural resources studies have included a portion of the project site and that an additional nine previous cultural resources studies have included a portion of the 0.5-mi radius. One of the previous studies (TU-01175) was published in 2003 and consisted of a 700-acre cultural resources survey that included the entire main project site. Portions of the proposed storm drain alignment were included in two previous studies (TU-01605 and TU-01795), both of which were cultural resources surveys. No cultural resources have been recorded in the project site or within a 0.5 mi radius as a result of previous cultural resources studies. No resources listed in the BERD are within the project site.

Native American Heritage Commission
LSA submitted a request to the Native American Heritage Commission (NAHC) to request a review of the Sacred Lands File (SLF) for the presence of Native American cultural resources that might be impacted by the proposed project. The NAHC maintains the SLF database and is the official State repository of Native American sacred-site location records in California.

Nancy Gonzalez-Lopez, NAHC Cultural Resources Analyst, responded to the SLF search request on May 24, 2021, stating that the results were negative and that no Native American cultural resources were known in the area (Attachment D). The NAHC also provided a suggested list of Native American individuals to contact for information regarding the project site. 1 California Office of Historic Preservation. Built Environment Resources Directory (BERD). n.d. Website:
https://ohp.parks.ca.gov/?page_id=30338 (accessed August 22, 2021). 8/23/21 (\\acorp04\SLOProjects\POR1801.24 Casino Basin\Letter report\Casino Basin cultural letter report.docx) 3 Aerial Photographs and Historic Maps
Additional background research included a review of aerial photographs and historic-period maps that include the project site.1 The purpose of this review was to assess the potential for historicperiod archaeological deposits in the project site. The oldest available aerial photograph that includes the project site dates to 1956, at which time the main project site was being used for agricultural purposes. The project site usage has remained unchanged since that time.

The earliest available topographic quadrangle reviewed by LSA dates to 1929 and depicts Road 216 and Avenue 128 as already developed adjacent to the main project site. The Friant Kern Canal (located west of the main project site) is first depicted on a map that dates to 1952. No additional noticeable changes are depicted in or near the project site after 1952.

FIELD SURVEY
On August 4, 2021, LSA Archaeologist Kerrie Collison, RPA, conducted a limited field survey and spot-checked sediments in the main project site. The limited field survey method of spot-checking was utilized due to active agricultural use of the project site and the need to not disturb or destroy crops. The proposed storm drain alignment follows existing paved roads and was not surveyed.

Sediments along the edges of the main project site (away from crops) were examined, and a trowel was used to expose subsurface sediments to check subsurface sediment characteristics. Rodent burrowing holes and backdirt piles were also examined for indications of archaeological deposits and/or human remains.

The field survey did not identify any cultural resources in the project site. Observed surficial sediments were uniform throughout the project site and were a very dry, light-brown, fine-grained material. Examined subsurface sediments were similar in composition (likely due to tilling of sediments during agricultural activities) and contained no evidence indicating the presence of midden deposits.

SUMMARY AND RECOMMENDATIONS
This study, consisting of background research and a field survey, did not identify archaeological deposits or human remains in the project site. The nearest natural water source (the Tule River) is

2.75 mi from the project site. Surficial and near-surface deposits have been disturbed as a result of the use of the project site for agricultural purposes for more than 65 years, and deeper deposits date to a time that does not include human occupation of the region.

For the above reasons, it is unlikely that ground-disturbing work associated with project implementation will impact subsurface cultural resources, and no additional cultural resources studies are recommended for this proposed project. However, there is always the potential that construction activities could uncover unanticipated subsurface cultural resources. A qualified professional archaeologist should be contacted in the event that construction personnel encounter any archaeological deposits and/or human remains during construction activities. If any such 1 National Environmental Title Research. n.d. Historic Aerials. Website: http://www.historicaerials.com (accessed August 22, 2021).
8/23/21 (\\acorp04\SLOProjects\POR1801.24 Casino Basin\Letter report\Casino Basin cultural letter report.docx) 4 resources are discovered, contractors should stop work in the immediate area of the find and contact the archaeologist to assess the nature of the find. Upon completion of any monitoring activities, the archaeologist should prepare a report to document the methods and results of monitoring activities. This report should be submitted to the SSJVIC.

If human remains are encountered during project work, the regulatory process outlined in Health and Safety Code Section 7050.5 must be followed, which involves coordination with the NAHC and a Native American Most Likely Descendant.

Please contact me at [email protected] if you have any questions regarding this study. Thank you for using the services of LSA.

Sincerely,
LSA Associates, Inc.

Kerrie Collison, RPA
Associate/Senior Cultural Resources Manager
Attachments: A—References
B—Figures 1 and 2
C—Record Search Results Summary Letter
D—Sacred Lands File Search Results

P HASE I C ULTURAL RESOURCES S URVEY
A UGUST 2021

C ASINO B ASIN P ROJECT

POR TERVILLE , T ULARE COUNTY , C ALIFORNIA
\\acorp04\SLOProjects\POR1801.24 Casino Basin\Letter report\Casino Basin cultural letter report.docx (08/23/21) A-1

ATTACHMENT A

REFERENCES

PUBLISHED RESOURCES
California Office of Historic Preservation (OHP)
1976 California Inventory of Historic Resources. California Department of Parks and Recreation, Sacramento.
1988 Five Views: An Ethnic Historic Site Survey for California. California Department of Parks and Recreation, Sacramento.
1992 California Points of Historical Interest. California Department of Parks and Recreation, Sacramento.
1996 California Historical Landmarks. California Department of Parks and Recreation, Sacramento.

United States Geological Survey (USGS)
1969 Porterville, California 7.5-minute topographic quadrangle. Published 1951, photorevised 1969. USGS, Denver, Colorado.

ONLINE RESOURCES
California Geological Survey
2015 Geologic Map of California. Website: https://maps.conservation.ca.gov/cgs/gmc/ (accessed August 22, 2021).

California Office of Historic Preservation
n.d. Built Environment Resources Directory (BERD). Website: https://ohp.parks.ca.gov/?page_ id=30338 (accessed August 22, 2021).

National Environmental Title Research (NETR)
n.d. Historic Aerials. Website: http://www.historicaerials.com (accessed August 22, 2021).

P HASE I C ULTURAL RESOURCES S URVEY
A UGUST 2021

C ASINO B ASIN P ROJECT

POR TERVILLE , T ULARE COUNTY , C ALIFORNIA
\\acorp04\SLOProjects\POR1801.24 Casino Basin\Letter report\Casino Basin cultural letter report.docx (08/23/21)

ATTACHMENT B
FIGURES 1 AND 2
SOURCE: USGS 7.5' Quad.- Porterville, CA (1969)
I:\POR1801.24\GIS\MXD\Figure1_projectlocation.mxd (8/2/2021) FIGURE 1
Casino Basin Project
Project Location and Vicinity
LEGEND
Storm Drain
Project Location
0 1000 2000
FEET
Tulare
County
Ã65
Ã137
Ã63
Ã190
Ã99
Project
Location
Project Vicinity
SOURCE: USGS 7.5' Quad.- Porterville, CA (1969)
I:\POR1801.24\GIS\MXD\Figure2_project site.mxd (8/2/2021) FIGURE 2
Casino Basin Project
Project Site
LEGEND
Storm Drain
Project Location
0 500 1000
FEET

P HASE I C ULTURAL RESOURCES S URVEY
A UGUST 2021

C ASINO B ASIN P ROJECT

POR TERVILLE , T ULARE COUNTY , C ALIFORNIA
\\acorp04\SLOProjects\POR1801.24 Casino Basin\Letter report\Casino Basin cultural letter report.docx (08/23/21)

ATTACHMENT C

RECORD SEARCH RESULTS SUMMARY LETTER
5/24/2021

Kerrie Collison
LSA
285 South Street, Suite P
San Luis Obispo, CA 93401
Re: Casino Basin (POR1801.24)
Records Search File No.: 21-175
The Southern San Joaquin Valley Information Center received your record search request for the project area referenced above, located on the Porterville USGS 7.5’ quad. The following reflects the results of the records search for the project area and the 0.5 mile radius:

As indicated on the data request form, the locations of resources and reports are provided in the following format: ☒ custom GIS maps ☐ GIS data
Resources within project area: None
Archaeological resources within 0.5 mile radius: None
Reports within project area: TU-01175, 01605, 01795
Reports within 0.5 mile radius: TU-00029, 00102, 00870, 01229, 01418, 01566, 01595, 01629, 01859
Note: “Other” Report locations were not included per the Data Request Form.

Resource Database Printout (list): ☐ enclosed ☐ not requested ☒ nothing listed Resource Database Printout (details): ☐ enclosed ☐ not requested ☒ nothing listed Resource Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Report Database Printout (list): ☒ enclosed ☐ not requested ☐ nothing listed Report Database Printout (details): ☒ enclosed ☐ not requested ☐ nothing listed Report Digital Database Records: ☐ enclosed ☒ not requested ☐ nothing listed Resource Record Copies: ☐ enclosed ☐ not requested ☒ nothing listed ☐ not available Report Copies: ☐ enclosed ☒ not requested ☐ nothing listed ☐ not available OHP Built Environment Resources Directory: ☐ enclosed ☒ not requested ☐ nothing listed Archaeological Determinations of Eligibility: ☐ enclosed ☐ not requested ☒ nothing listed CA Inventory of Historic Resources (1976): ☐ enclosed ☐ not requested ☒ nothing listed Note: P-15-007046 is not listed in the BERD. The 2013 HPD page was included for this resource.

Caltrans Bridge Survey: Not available at SSJVIC; please see https://dot.ca.gov/programs/environmental-analysis/cultural-studies/california-historical-bridges-tunnels Ethnographic Information: Not available at SSJVIC
Historical Literature: Not available at SSJVIC
Historical Maps: Not available at SSJVIC; please see
http://historicalmaps.arcgis.com/usgs/
Local Inventories: Not available at SSJVIC
GLO and/or Rancho Plat Maps: Not available at SSJVIC; please see http://www.glorecords.blm.gov/search/default.aspx#searchTabIndex=0&searchByTypeIndex=1 and/or http://www.oac.cdlib.org/view?docId=hb8489p15p;developer=local;style=oac4;doc.view=items Shipwreck Inventory: Not available at SSJVIC; please see https://www.slc.ca.gov/shipwrecks/
Soil Survey Maps: Not available at SSJVIC; please see
http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Please forward a copy of any resulting reports from this project to the office as soon as possible. Due to the sensitive nature of archaeological site location data, we ask that you do not include resource location maps and resource location descriptions in your report if the report is for public distribution. If you have any questions regarding the results presented herein, please contact the office at the phone number listed above.

The provision of CHRIS Data via this records search response does not in any way constitute public disclosure of records otherwise exempt from disclosure under the California Public Records Act or any other law, including, but not limited to, records related to archeological site information maintained by or on behalf of, or in the possession of, the State of California, Department of Parks and Recreation, State Historic Preservation Officer, Office of Historic Preservation, or the State Historical Resources Commission.

Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area. Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.

Should you require any additional information for the above referenced project, reference the record search number listed above when making inquiries. Invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office.

Thank you for using the California Historical Resources Information System (CHRIS).

Sincerely,
Celeste M. Thomson
Coordinator

P HASE I C ULTURAL RESOURCES S URVEY
A UGUST 2021

C ASINO B ASIN P ROJECT

POR TERVILLE , T ULARE COUNTY , C ALIFORNIA
\\acorp04\SLOProjects\POR1801.24 Casino Basin\Letter report\Casino Basin cultural letter report.docx (08/23/21)

ATTACHMENT D

SACRED LANDS FILE SEARCH RESULTS
STATE OF CALIFORNIA Gavin Newsom, Governor

NATIVE AMERICAN HERITAGE COMMISSION

May 24, 2021
Kerrie Collison
LSA
Via Email to: [email protected]
Re: Casino Basin Project, Tulare County
Dear Ms. Collison:

A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.

Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.

If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.

If you have any questions or need additional information, please contact me at my email address: [email protected].

Sincerely,
Nancy Gonzalez-Lopez
Cultural Resources Analyst
Attachment

CHAIRPERSON
Laura Miranda
Luiseño

VICE CHAIRPERSON
Reginald Pagaling
Chumash

SECRETARY
Merri Lopez-Keifer
Luiseño

PARLIAMENTARIAN
Russell Attebery
Karuk

COMMISSIONER
[Vacant]

COMMISSIONER
William Mungary
Paiute/White Mountain
Apache

COMMISSIONER
[Vacant]

COMMISSIONER
Julie TumamaitStenslie
Chumash

COMMISSIONER
[Vacant]

EXECUTIVE SECRETARY
Christina Snider
Pomo

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov

Native American Heritage Commission
Native American Contacts List
May 24, 2021
Elizabeth D. Kipp, Chairperson
PO. Box 337
Auberry 93602
(559) 374-0066
Western Mono
,CA
[email protected]
(559) 374-0055
Big Sandy Rancheria of Western Mono Indians
Benjamin Charley Jr., Tribal Chair
P.O. Box 14
Dunlap 93621
(760) 258-5244
Mono
,CA
[email protected]
Dunlap Band of Mono Indians
Dirk Charley, Tribal Secretary
5509 E. McKenzie Avenue
Fresno 93727
(559) 554-5433
Mono
,CA
[email protected]
Dunlap Band of Mono Indians
Julie Turner, Secretary
P.O. Box 1010
Lake Isabella 93240
(661) 340-0032 Cell
Kawaiisu
CA Tubatulabal ,
Kern Valley Indian Community
Robert Robinson, Chairperson
P.O. Box 1010
Lake Isabella 93240
(760) 378-2915 Cell
Tubatulabal
,CA Kawaiisu
[email protected]
Kern Valley Indian Community
Brandy Kendricks
30741 Foxridge Court
Tehachapi 93561
(661) 821-1733
Kawaiisu
CA Tubatulabal ,
[email protected]
(661) 972-0445
Kern Valley Indian Community
Leo Sisco, Chairperson
P.O. Box 8
Lemoore 93245
(559) 924-1278
Tache
Tachi
Yokut
,CA
(559) 924-3583 Fax
Santa Rosa Rancheria Tachi Yokut Tribe
Robert L. Gomez, Jr., Tribal Chairperson
P.O. Box 226
Lake Isabella 93240
(760) 379-4590
Tubatulabal
,CA
(760) 379-4592 Fax
Tubatulabals of Kern Valley
Neil Peyron, Chairperson
P.O. Box 589
Porterville 93258
(559) 781-4271
Yokuts
,CA
[email protected]
(559) 781-4610 Fax
Tule River Indian Tribe
Kenneth Woodrow, Chairperson
1179 Rock Haven Ct.

Salinas 93906
(831) 443-9702
Foothill Yokuts
Mono
Wuksache
,CA
[email protected]
Wuksache Indian Tribe/Eshom Valley Band
This list is current as of the date of this document and is based on the information available to the Commission on the date it was produced.

Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code,Section 5097.94 of the Public Resources Code, or Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans Tribes for the proposed:

Casino Basin Project, Tulare County.
.

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
2565 Alluvial Avenue, Suite 172, Clovis, California 93611 559.490.1210 www.lsa.net

MEMORANDUM
DATE: February 22, 2022
TO: Jason Ridenour, Community Development Director, City of Porterville FROM: Amy Fischer, Principal
Cara Carlucci, Senior Planner
SUBJECT: Response to Comments Memorandum for the Casino Basin Project Initial Study/Mitigated Negative Declaration
The purpose of this Response to Comments Memorandum is to present public comments and responses to comments received on the Initial Study/Mitigated Negative Declaration (IS/MND) for the Casino Basin Project (project). The IS/MND was released for public review and comment by the City of Porterville (City) on January 22, 2022.

As required by the California Environmental Quality Act (CEQA) Guidelines Section 15073, a Notice of Intent to Adopt (NOI) the IS/MND was filed with the State Clearinghouse and sent to responsible agencies and trustee agencies. The IS/MND was circulated for public review for a period of 30 days, from January 22, 2022 to February 20, 2022. Copies of the IS/MND were on file and available for review on the City’s website (http://www.ci.porterville.ca.us/) and at City Hall, Community Development Department, 291 N. Main Street, and were available for inspection by any and all persons interested therein.

The City, as the Lead Agency, is required to consider agency and public comments on a mitigated negative declaration. Although preparation of written responses to comments received on an IS/MND is not required by CEQA, responses have been prepared.

One comment letter was received during the public review period from the Department of Water Resources Division of Safety of Dams (DSOD). The comment letter stated that as defined in Sections 6002 and 6003, Division 3, of the California Water Code, dams 25 feet or higher with a storage capacity of 50-acre feet or more are subject to State jurisdiction. The comment letter also stated that if the proposed project is subject to State jurisdiction, a construction application, together with plans, specifications, and the appropriate filing fee must be filed with DSOD for the project. In addition, as identified in the comment letter, all dam safety related issues must be resolved prior to approval of the application, and the work must be performed under the direction of a Civil Engineer registered in California. The comment letter is attached. 2/22/22 (P:\POR1801.24 Casino Basin\PRODUCTS\Final ISMND\Casino Basin Response to Comments.docx) 2 The City of Porterville will comply with State requirements, including preparation of a construction application with plans, specifications, and filing fees with DSOD and will work with DSOD to resolve any dam safety related issues. The DSOD comment letter did not question the adequacy of the document and did not raise any issues related to CEQA. As such, no revisions to the IS/MND would be needed in response to the DSOD comment letter.

Attachment: Department of Water Resources Division of Safety of Dams (DSOD) comment letter

RESOLUTION NO. ____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A

MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE

PROPOSED CASINO BASIN CONSTRUCTION PROJECT
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of March 1, 2022, conducted a public meeting to consider approval of a Mitigated Negative Declaration which evaluates the environmental impacts ofthe construction and operation of a new stormwater recharge basin to support the Eagle Mountain Casino. The basin would have a depth of roughly 13 feet from original grade to the base (toe) of the slope, and the high water line is designed to be 5 feet above the basin floor. Once constructed, the basin will have capacity of approximately 200.22 acre-feet. The basin will be surrounded by a 6-inch chain-link fence. In addition, the proposed project would include cast-in-place storm drain outlets, storm drain manholes, and an underground 72-inch storm drain pipe underneath to Road 216, Avenue 130, and West Street. Installation of the storm drain pipe would require repaving and restriping of the centerline on Road 216 and West Street. The proposed project will also relocate an existing recirculation pond from its existing location west of the project site to north of the project site; and WHEREAS: On January 17, 2022, the Environmental Coordinator made a preliminary determination that a Mitigated Negative Declaration would be appropriate for the proposed project; and
WHEREAS: The proposed Project is consistent with the goals and policies of the Porterville 2030 General Plan. The project will facilitate the achievement of General Plan Guiding Policy PU-G-4, to provide a comprehensive storm drainage system to protect life and property as well as PU-G-1 to ensure an adequate supply of fresh water to serve existing and future needs of the City; and
WHEREAS: The City Council considered the following findings in its review of the environmental circumstances for this project:

1. That a Mitigated Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA).

2. The project will not create adverse environmental impacts when mitigation measures are implemented and standards of the Development Ordinance and General Plan are maintained.

3. As the Lead Agency pursuant to CEQA, the City Council is the decision making body for the consolidation project.

4. On January 17, 2022, the Environmental Coordinator made a preliminary determination that a Mitigated Negative Declaration would be appropriate for the proposed project in light of the studies prepared and with implementation of defined Resolution No. ___-2022

mitigation measures related to Biological Resources, Cultural Resources, and Tribal Cultural Resources. The Initial Study and proposed Mitigation Measures have been transmitted to interested agencies, groups, and individuals for a 30 day review period from January 21, 2022 through February 22, 2022. At the time of writing the staff report, one comment was received from the Division of Safety of Dams.

5. That review of the environmental circumstances regarding this project indicates that no adverse impacts would occur when the mitigation measures are implemented and standards of the Development Ordinance and General Plan are applied. Mitigation measures to reduce impacts to less than significant were defined and have been incorporated in the Mitigation Monitoring Program which is attached as an exhibit to this resolution (Exhibit A).

6. That the environmental assessment and analysis prepared for this project supporting the Mitigation Negative Declaration reflects the independent judgement of the City of Porterville.

7. The development shall comply with all mitigation measures adopted as a component of the approval of the Mitigated Negative Declaration for this project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby approve the Mitigated Negative Declaration prepared for the Villa Street Reconstruction Project, and that the mitigation measures defined in Exhibit A shall be implemented with project execution.

PASSED, APPROVED AND ADOPTED this 1st day of March, 2022.

By:

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA
P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) 1

MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) was formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the proposed Casino Basin Project (project). The MMRP, which is found in Table A of this section, lists mitigation measures recommended in the IS/MND for the proposed project and identifies mitigation monitoring requirements. The MMRP must be adopted when the City Council makes a final decision on the proposed project.

This MMRP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of an MMRP when mitigation measures are required to avoid significant impacts. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. The MMRP is intended to ensure compliance during implementation of the project.

The MMRP is organized in a matrix format. The first column identifies the mitigation measure.

The second column, entitled “Mitigation Responsibility,” refers to the party responsible for implementing the mitigation measure. The third column, entitled “Monitoring/Reporting Agency,” refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented. The fourth column, entitled “Monitoring Schedule,” refers to when monitoring will occur to ensure that the mitigating action is completed. The fifth column, entitled “Verification,” will be initialed and dated by the individual designated to verify adherence to the project specific mitigation.

Exhibit A

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022
2 P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) This page intentionally left blank

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA
P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) 3 Table A: Mitigation Monitoring and Reporting Program
Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting
Agency
Timing for
Mitigation Measure
Verification
(Initials and Date)

4.1 AESTHETICS
There are no significant impacts to aesthetics.

4.2 AGRICULTURE AND FORESTRY RESOURCES
There are no significant impacts to agriculture and forestry resources.

4.3 AIR QUALITY
Mitigation Measure AIR-1: Consistent with SJVAPCD Regulation VIII (Fugitive PM10 Prohibitions), the following controls are required to be included as specifications for the proposed project and implemented at the construction site:
• All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover.
• All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking.
• When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained.
• All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) • Following the addition of materials to, or the removal of materials from, the surface of out-door storage piles, said piles shall be effectively stabilized of fugitive dust emission utilizing sufficient water or chemical stabilizer/suppressant.

Project
Contractor
City of Porterville During construction

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022
4 P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) Table A: Mitigation Monitoring and Reporting Program
Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting
Agency
Timing for
Mitigation Measure
Verification
(Initials and Date)

4.4 BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: If project activities occur during nesting season (February 1 to August 31) a qualified avian biologist shall conduct a nesting bird survey to identify any active nests present within or adjacent to the proposed work area. If active nests are found, initial ground disturbance shall be postponed or halted within a buffer area, established by the qualified avian biologist, that is suitable to the particular bird species and location of the nest, until juveniles have fledged or the nest has been abandoned, as determined by the biologist. The construction avoidance area shall be clearly demarcated in the field with highly visible construction fencing or flagging, and construction personnel shall be instructed on the sensitivity of nest areas.

Project
Contractor
City of Porterville During construction
if work during the
nesting season
(February 1 to
August 31)
Mitigation Measure BIO-2: If any previously unidentified protected species that is not addressed in this document, or any previously unreported protected species is found to be present, occupied areas shall be avoided and a qualified biologist shall. Notify the United States Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) of any previously unreported protected species. Any take of protected wildlife shall be reported immediately to USFWS and CDFW.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-3: Perimeter or security fence design should incorporate features that will avoid entrapment of San Joaquin kit fox. Openings should be small enough that San Joaquin kit fox cannot pass through or become entrapped (less than three feet). If chain link is used, it should be raised at least 3 inches above ground level to allow kit fox to pass underneath.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-4: Traffic restraints and signs should be established to minimize temporary disturbances during construction. All construction traffic should be restricted to designated access roads and routes, Project site, storage areas, and staging and parking areas. Off-road traffic outside designated project boundaries should be prohibited. A 15 mph speed limit should be observed in all project construction areas, except as otherwise posted on county roads and State and federal highways.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-5: All equipment storage and parking during construction activities should be confined to the designated construction area or to previously disturbed offsite areas that are not habitat for listed species.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-6: Project construction activities involving initial surface disturbance should be limited to daylight hours.

Project
Contractor
City of Porterville During construction

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA
P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) 5 Table A: Mitigation Monitoring and Reporting Program
Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting
Agency
Timing for
Mitigation Measure
Verification
(Initials and Date)
Mitigation Measure BIO-7: Trenches and excavations should have an escape ramp at least every 1,000 feet at no more than 2:1 slope. Trenches or excavations that cannot include a ramp should be covered if left overnight. All such trenches and excavations should be inspected for entrapped wildlife each morning prior to the onset of construction. Before such holes or trenches are filled, they should be thoroughly inspected for entrapped animals. Any wildlife so discovered should be allowed to escape voluntarily, without harassment, before construction activities resume. A qualified biologist may remove wildlife from a trench, hole or other entrapment out of harm’s way if the immediate welfare of the individual is in jeopardy. State or federal listed species may not be handled. Should any State or federal listed species become entrapped, CDFW and USFWS should be contacted as appropriate.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-8: Material and equipment should be thoroughly inspected prior to use. All exposed pipes, culverts, and other similar structures with a diameter 3 inches or greater should be capped in order to prevent entry by San Joaquin kit fox or other wildlife. Any of these materials or structures that are left overnight and are not capped shall be inspected prior to being moved, buried, or closed in order to ensure that San Joaquin kit fox or other wildlife are not present. If a listed species is found within pipe, culverts or similar structures, the animal will be allowed to escape that section of its own accord prior to moving or utilizing that segment. If a listed species does not leave of its own accord, CDFW and/or USFWS (as appropriate) should be contacted for further guidance.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-9: All food-related trash items such as wrappers, cans, bottles and food scraps generated by project activities should be disposed of in closed containers and removed at least once each week from the site. Deliberate feeding of wildlife should be prohibited.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-10: To prevent harassment of special-status species, construction personnel shall not be allowed to have firearms or pets on the project site.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-11: All equipment and work-related materials shall be contained in closed containers either in the work area or on vehicles. Loose items (e.g. rags, hose, etc.) shall be stored within closed containers or enclosed in vehicles when on the work site.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-12: All liquids shall be in closed, covered containers. Any spills of hazardous liquids shall not be left unattended until clean-up has been completed.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-13: If used, rodenticides and herbicides shall follow label restrictions and other restrictions imposed by the United States Environmental Protection Project
Contractor
City of Porterville During construction

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022
6 P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) Table A: Mitigation Monitoring and Reporting Program
Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting
Agency
Timing for
Mitigation Measure
Verification
(Initials and Date)
Agency, the California Department of Food and Agricultural, and other State and federal legislation. If rodent control must be conducted, zinc phosphide should be used because of its proven lower risk to San Joaquin kit fox.

Mitigation Measure BIO-14: Any employee who inadvertently kills or injures a listed species, or who finds any such wildlife dead, injured, or entrapped, shall be required to report the incident immediately to a designated site representative (e.g., foreman, project manager, environmental inspector, etc.), except animals killed on State and county roads when such mortality is not associated with project traffic.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-15: In the case of injured special-status wildlife, the CDFW shall be notified immediately. During business hours Monday through Friday, the phone number is (559) 243-4017. For non-business hours, report to (800) 952-5400. Notification shall include the date, time, location, and circumstances of the incident. Instructions provided by the CDFW for the care of the injured animal shall be followed by the contractor onsite.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-16: In the case of dead wildlife that are listed as threatened or endangered, the USFWS and the CDFW shall be immediately (within 24 hours) notified by phone or in person, and should document the initial notification in writing within 2 working days of the findings of any such wildlife. Notification shall include the date, time, location, and circumstances of the incident.

Project
Contractor
City of Porterville During construction
Mitigation Measure BIO-17: Prior to commencement of construction on any phase of work, work areas should be clearly marked with fencing, stakes with rope or cord, or other means of delineating the work area boundaries.

Project
Contractor
City of Porterville Prior to construction
Mitigation Measure BIO-18: All personnel entering the project location shall attend a worker orientation program. The worker orientation program shall present measures required to avoid, minimize, and mitigate impacts to biological resources and shall include, at a minimum, the following subjects: A summary of the Federal Endangered Species Act (FESA), California Endangered Species Act (CESA), and the Migratory Bird Treaty Act (MBTA); biological survey results for the current construction area; life history information for the species of concern; biological resource avoidance, minimization, and mitigation requirements; consequences for failure to successfully implement requirements; and procedures to be followed if dead or injured wildlife area located during project activities. Upon completion of the orientation, employees shall sign a form stating that they attended the program and understand all biological resource mitigation measures and receive a hardhat sticker or other means of identifying that they have attended the worker orientation. Forms verifying worker attendance shall be filed at the Project
Contractor
City of Porterville Prior to construction

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA
P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) 7 Table A: Mitigation Monitoring and Reporting Program
Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting
Agency
Timing for
Mitigation Measure
Verification
(Initials and Date)
applicant’s office and be accessible to County, USFWS and CDFW staff. No untrained personnel shall be allowed to work onsite with the exception of delivery trucks that are only onsite for 1 day or less and are under the supervision of a trained employee.

4.5 CULTURAL RESOURCES
Mitigation Measure CULT-1: In the unlikely event that cultural resources are encountered during project activities, contractors should stop work in the immediate area of the find and contact a qualified professional archaeologist to assess the nature and significance of the find and determine if any additional study or treatment of the find is warranted.

Upon completion of any monitoring activities, the archaeologist should prepare a report to document the methods and results of monitoring activities. The final version of this report should be submitted to the Southern San Joaquin Valley Information Center (SSJVIC).

Project
Contractor
City of Porterville Prior to start of
construction
activities, the City
shall verify
mitigation measure
is included in
construction
specifications.

Construction
contractors shall be
responsible for
implementing the
measures
throughout duration
of subsurface
construction
activities.

Mitigation Measure CULT-2: Any human remains encountered during project-related ground-disturbing activities shall be treated in accordance with California Health and Safety Code Section 7050.5. The project sponsor shall inform all contractor(s) performing excavation of the sensitivity of the project site for human remains and include the following directive in the appropriate contract documents:

If human remains are uncovered, all work within 50 feet of the discovery shall be halted and the Tulare County Coroner notified immediately. At the same time, the on-site monitoring archaeologist shall assess the situation and consult with agencies as appropriate. Project personnel shall not collect or move any human remains or associated materials. If the human remains are of Native American origin, the Coroner must notify the California State Native American Heritage Commission (NAHC) within 24 hours of this identification. The NAHC will formally identify a Native American Most Likely Project
Contractor
City of Porterville Prior to start of
construction
activities, the City
shall verify
mitigation measure
is included in
construction
specifications.

Construction
contractors shall be
responsible for
implementing the

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022
8 P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) Table A: Mitigation Monitoring and Reporting Program
Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting
Agency
Timing for
Mitigation Measure
Verification
(Initials and Date)
Descendant—if one is not already on-site—to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods.

Such recommendations shall be carried out to the satisfaction of the NAHC prior to work resuming within 50 feet of the discovered remains.
measures
throughout duration
of subsurface
construction
activities.

4.6 ENERGY
There are no significant impacts to energy.

4.7 GEOLOGY AND SOILS
Mitigation Measure GEO-1: To reduce the potential for soil erosion during construction of the proposed project, an Erosion Control Plan shall be prepared for the project in conformance with the California Stormwater Quality Association Best Management Practice Handbook for Construction Activity, prior to the start of grading.

Project
Contractor
City of Porterville Prior to the start of
grading
Mitigation Measure GEO-2: The City shall inform its contractor(s) of the sensitivity of the project area for paleontological resources. Should paleontological resources be encountered during project subsurface construction activities, all ground-disturbing activities within 25 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. If found to be significant, and project activities cannot avoid the paleontological resources, adverse effects to paleontological resources shall be mitigated. Mitigation may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Public educational outreach may also be appropriate. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City of Porterville for review, and (if paleontological materials are recovered) a paleontological repository, such as the University of California Museum of Paleontology. The City shall verify that the above directive has been included in the appropriate contract documents.

Project
Contractor
City of Porterville Prior to start of
construction
activities, the City
shall verify
mitigation measure
is included in
construction
specifications.

Construction
contractors shall be
responsible for
implementing the
measures
throughout duration
of subsurface
construction
activities.

4.8 GREENHOUSE GAS EMISSIONS
There are no significant impacts to greenhouse gas emissions.

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA
P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) 9 Table A: Mitigation Monitoring and Reporting Program
Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting
Agency
Timing for
Mitigation Measure
Verification
(Initials and Date)

4.9 HAZARDS AND HAZARDOUS MATERIALS
There are no significant impacts to hazards and hazardous materials.

4.10 HYDROLOGY AND WATER QUALITY
Mitigation Measure HYDRO-1: To minimize any potential short-term water quality effects from project-related construction activities, the project contractor shall implement Best Management Practices (BMPs) in conformance with the California Storm Water Best Management Practice Handbook for Construction Activity. In addition, the proposed project shall be in compliance with existing regulatory requirements, including the Water Pollution Control Preparation (WPCP) Manual. In addition, implementation of a Storm Water Pollution Prevention Plan (SWPPP) would be required under the National Pollutant Discharge Elimination System (NPDES) to regulate water quality associated with construction activities.

Project
Contractor
City of Porterville During construction

4.11 LAND USE AND PLANNING
There are no significant impacts to land use and planning.

4.12 MINERAL RESOURCES
There are no significant impacts to mineral resources.

4.13 NOISE
Mitigation Measure NOI-1: The project contractor shall implement the following measures during construction of the project:
• Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. • Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the active project site. • Locate equipment staging in areas that would create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the active project site during all construction activities. • Ensure that all general construction related activities are restricted to between the hours of 6:00 a.m. and 9:00 p.m. Monday through Friday and between the hours of 7:00 a.m. and 5:00 p.m. on Saturday and Sunday.
• Designate a "disturbance coordinator" at the City who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem.

Project
Contractor
City of Porterville During construction

C ASINO B ASIN P ROJECT

CITY OF P ORTERVILLE , C ALIFORNIA

MITIGATION MONITORING AND REPORTING P ROGRAM
J ANUARY 2022
10 P:\POR1801.24 Casino Basin\PRODUCTS\Public Review Draft ISMND\Casino Basin MMRP.docx (01/19/22) Table A: Mitigation Monitoring and Reporting Program
Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting
Agency
Timing for
Mitigation Measure
Verification
(Initials and Date)

4.14 POPULATION AND HOUSING
There are no significant impacts to population and housing.

4.15 PUBLIC SERVICES
There are no significant impacts to public services.

4.16 RECREATION
There are no significant impacts to recreation.

4.17 TRANSPORTATION
There are no significant impacts to transportation.

4.18 TRIBAL CULTURAL RESOURCES
There are no significant impacts to tribal cultural resources.

4.19 UTILITIES AND SERVICE SYSTEMS
There are no significant impacts to utilities and service systems.

4.20 WILDFIRE
There are no significant impacts to wildfire.

Source: LSA (January 2022).

Item No. 9.

CITY COUNCIL AGENDA – MARCH 1, 2022
SUBJECT: Second Reading - Ordinance 1889, An Ordinance Adjusting the Boundaries of City Council Districts
SOURCE: Administrative Services
COMMENT: Ordinance 1889, an Ordinance adjusting the boundaries of City Council electoral districts and redefining the boundaries of all City Council electoral districts of the City of Porterville, and amending Exhibit A to Section 2-1.3 of Chapter 2, Article I of the Porterville Municipal Code, was given first reading by the City Council at its meeting of February 15, 2022, and has been printed.

Upon second reading and adoption, Ordinance 1889 will become immediately effective.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1889 by title only, waive further reading, and order the Ordinance to print.

ATTACHMENTS: 1. Ordinance 1889_Electoral Districts
Appropriated/Funded:

Review By:

Department Director:

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

ORDINANCE NO. 1889

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 1st day of March, 2022.

PASSED, APPROVED, AND ADOPTED this 1st day of March, 2022. _______________________________________
Martha A. Flores, Mayor
ATTEST:

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

EXHIBIT A – MAP OF ADOPTED DISTRICT LINES
Item No. 10.

CITY COUNCIL AGENDA – MARCH 1, 2022
SUBJECT: Second Reading - Ordinance 1890, An Ordinance Approving Changes to Chapter 13-Garbage and Refuse of the Porterville Municipal Code SOURCE: Administrative Services
COMMENT: Ordinance No. 1890, an Ordinance amending Chapter 13, Garbage and Refuse, of the Porterville Municipal Code to update terminology and definitions, and adding Section 12-25 regarding Senate Bill 1383, was given first reading by the City Council on Feburary 15, 2022, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1890 by title only, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Draft Ordinance No. 1890
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
ORDINANCE NO. 1890

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 1st day of March, 2022. ______________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
Patrice Hildreth, Chief Deputy City Clerk
By: ___________________________________
Item No. 11.

CITY COUNCIL AGENDA – MARCH 1, 2022
SUBJECT: Consider Municipal Code Dog Leash Requirements SOURCE: City Manager's Office
COMMENT:

At its meeting on February 15, 2022, the City Council approved Mayor Flores' request that the Council consider and review the City's Code for dog leash requirements as a Scheduled Matter at this meeting.

Pursuant to City Municipal Code Chapter 5, Article 2, Section 24 (5-2.24:

Leash Requirements), it shall be unlawful in the city of Porterville for the owner or handler in lawful possession or control of a dog to walk the dog on any public space or right of way without the dog being secured or tethered by a fixed length leash not to exceed six feet (6').

Pursuant to City Muncipal Code 5-2.23 (Permitting Animals to Run at Large), it shall be unlawful in the city of Porterville for the owner or other person in lawful possession or control of an animal to allow or permit the animal to run at large on any property, public or private, except with the consent of the property owner, or in a park or other area designated specifically for such activity (e.g.

Sports Complex Dog Park).

RECOMMENDATION: That the City Council consider and review the City's Code for dog leash requirements, and provide direction as determined.

ATTACHMENTS: 1. Municipal Code 5-2.24: Leash Requirements

2. Municipal Code 5-2.23 - Permitting Animals to Run at Large
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
Item No. 11.
5-2.24: LEASH REQUIREMENTS:

It shall be unlawful for the owner or handler in lawful possession or control of a dog to walk the dog on any public place or right of way without the dog being secured or tethered by a fixed length leash not to exceed six feet (6'), and the number of dogs shall not exceed the number of dogs the owner or handler can reasonably and safely control and in no circumstance shall the number of dogs exceed three (3). (Ord. 1824, 6-16-2015)
5-2.23: PERMITTING ANIMALS TO RUN AT LARGE:

It shall be unlawful for the owner or other person in lawful possession or control of an animal to allow or permit the animal to run at large upon any property, public or private, except with the consent of the property owner, or in a park or other area designated specifically for such activity. Every animal found running at large in violation of the provisions of this section may be seized and impounded and/or the responsible person may be issued a citation for said violation. (Ord. 1824, 6-16-2015) Item No. 12.

CITY COUNCIL AGENDA – MARCH 1, 2022
SUBJECT: Status and Review of Proclamation of Local Emergency: COVID-19 SOURCE: City Manager's Office
COMMENT:

At its meeting of March 17, 2020, the City Council took action to approve a Resolution of Proclamation of Existence of a Local Emergency for the novel coronavirus (COVID-19), which staff also initiated a soft-opening of its Emergency Operations Center (EOC) on Friday, March 20, 2020. At its meeting on February 15, 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. 12.
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. 12.
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. 12.

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. 12.
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. 12.

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. 12.
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. 12.
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. 12.
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. 12.

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. 12.
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. 12.
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. 12.

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. 12.
$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. 12.

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 ninth Community Roundup Event was held on February 17-19, 2022, with 1,761 individuals vaccinated. A total of 16,470 local gift cards/certificates have been purchased and $1,647,000 in City ARPA funds expended. Sierra View has expressed its interest in continuing to partner with the City in future vaccine incentive events. The Council also directed staff to coordinate with the local school districts in the potential planning of schoolbased vaccine events for youth ages 5-11 years. At its meeting on February 15, 2022, the Council approved Community Roundup Events be planned with Sierra View for March 10-12, 2022 and March 31-April 2, 2022.

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

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

On December 3, 2020, given the new Regional Stay-at-Home Orders, the State announced that a new $500 million in grants would be made available to assist small businesses impacted by the Orders, which the application period for the first round of funding opened on December 30, 2020, and closed on January 13, 2021. A second round of funding was committed to by the State, with the application period having opened on February 2 and closed on February 8, Item No. 12.
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 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 Item No. 12.
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
Appropriated/Funded:

Item No. 12.

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 1st day of March, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk