Porterville City Council
March 15, 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

A.2. SCOPE OF WORK.

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

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

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

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

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

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

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

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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

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

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

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

Exhibit D

12. [RESERVED].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Item No. 19.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Wholly-Locally Owned Cannabis Business Operating Permit for Retail Dispensary Request for Proposals Appeal – Bloom Farms
SOURCE: Community Development
COMMENT: Pursuant to the Request for Proposals for Wholly-Locally Owned Cannabis Business Operating Permit for Retail Dispensary (RFP) authorized by the City Council at its meeting on December 21, 2021, proposals were required to be submitted by 4:00pm on Friday, February 4, 2022. Section IX, Submittal Instructions states “Two (2) hard copies of the proposal and one electronic PDF version of the proposal on a flash drive shall be provided in a sealed envelope with a return address, including business name, no later than Friday, February 4, 2022 by 4:00pm for Phase I and Friday, February 25, 2022 by 4:00pm for Phase II to the following address: Community Development Department, Porterville City Hall, 291 N. Main Street, Porterville, CA 93257, Attention: Community Development Director. Late proposals will not be considered and will be returned to the applicant unopened. The City assumes no responsibility for delays caused by delivery service. Postmarking by the due date will not substitute for actual timely receipt.”
A proposal with the return addresses listed as Mr. Garrett and Ms. Marrero arrived at City Hall at 4:06pm, six (6) minutes after the submission deadline of the request for proposals RFP 21/22 – SR1922 (RFP). In accordance with the RFP, the submission has not been opened. The RFP submission package is documented to enter the southern entrance of City Hall near the Finance Department Utility Division at 4:06pm. On February 8, 2022, Mr. Garrett and Ms. Marrero were notified that their RFP submission was received after the deadline of 4:00pm.

Mr. Garrett submitted a letter appealing the determination that the RFP submission from Bloom Farms was after 4:00pm as well as a copy of an automatically generated email from Public Purchase, the City of Porterville’s online procurement software, which stated that the RFP was scheduled to close on February 4, 2022, at 5:00pm MST on February 16, 2022. City staff’s notice and Mr. Garrett’s appeal is attached to this report.

City video documentation shows Ms. Marrero entering the southeast entrance of City Hall by the Finance Department at 4:06pm on February 4, 2022. Staff reviewed the evidence provided stating that the RFP on Public Purchase was set to close at 5:00pm Mountain Standard Time. Mountain Standard Time is one (1) hour ahead of Pacific Standard Time. The settings on Public Purchase were Item No. 19.
evaluated and confirmed to be correct. Staff has contacted Public Purchase to ensure that moving forward the emails generated from the Public Purchase system will be in Pacific Standard Time.

Chapter 612 of the PDO establishes a procedure for appeals of final decisions by the Zoning Administrator to the City Council. The City Council shall review the appeal within thirty (30) days of the appeal being filed and the City Council shall then render its decision within thirty (30) days of the date the Hearing is closed (§612.04 (c) and (f) respectively).

RECOMMENDATION: That the City Council consider the appeal and render a decision in accordance with the City’s procedures.

ATTACHMENTS: 1. Darrin Garrett Letter of Appeal dated February 16, 2022

2. Bloom Farms Inc. Request for Proposal Submission Video Timestamp Images

3. City Letter to Applicant dated February 8, 2022
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 20.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Second Reading - Ordinance 1891 Approving a Zone Change (PRC 2020-044) From RS-1 (Very Low Density Residential) to RS-2 (Low Density Residential) For APNs 245-010-037, -041, AND -087
SOURCE: Community Development
COMMENT: Ordinance No. 1891, An Ordinance of the City Council of the City of Porterville approving a zone change (PRC 2020-044) from RS-1 (Very Low Density Residential) to RS-2 (Low Density Residential) for APNs 245-010- 037, -041, AND -087 was introduced and given first reading by title only on March 1, 2022, and has been printed.

RECOMMENDATION: That the City Council give second reading by title only to Ordinance 1891, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Draft Ordinance No. 1891
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: Patrice Hildreth, Deputy City Manager

ORDINANCE NO. 1891

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING A ZONE CHANGE (PRC 2020-044) FROM RS-1 (VERY LOW DENSITY RESIDENTIAL) TO RS-2 (LOW DENSITY RESIDENTIAL) FOR APNs 245-010-037, -041, AND -087
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of March 1, 2022, conducted a public hearing to approve findings and consider Zone Change (PRC 2020-044) being a change in zone from RS-1 (Very Low Density Residential) to RS-2 (Low Density Residential) for three parcels, totaling 58.60± acres, to support the Brookside-Laurelwood Development Project located at the northwest corner of Lombardi Street and Westfield Avenue, identified as APNs 245-010-037, -041, and -087; and WHEREAS: The City Council of the City of Porterville determined that the proposed Zone Change (PRC 2020-044) is consistent with the guiding and implementation policies of the adopted 2030 General Plan; and
WHEREAS: via adoption of Resolution No. 10-2022, the City Council has certified an environmental impact report for the proposed project; and WHEREAS: The City Council made the following findings that the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted. a. The project supports and complies with the following General Plan guiding policies:

LU-G-1: Promote a sustainable, balanced land use pattern that responds to existing needs and future needs of the City.

LU-G-3: Promote sustainability in the design and development of public and private development projects.

LU-G-5: Ensure that new development pays for the public facilities and infrastructure improvements required to meet the demands resulting from that growth.

PSCF-G-1: Establish and maintain a high-quality, enjoyable, and attractive park system for the entire community.

PSCF-G-2: Provide park and recreation facilities within close proximity to residents they are intended to serve.

C-G-1: Promote safe and efficient vehicular circulation b. Development of the site as proposed would be subject to the City’s development standards.
c. The subject Zone Change will not create adverse environmental impacts on the adjacent neighborhood when standards of the Development Ordinance and General Plan are applied to the subsequent development project.

Ordinance No. 1891

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS by the City Council of the City of Porterville:

Section 1: The following described property in the City of Porterville, County of Tulare, State of California is hereby rezoned from RS1 (Very Low Density Residential) to RS-2 (Low Density Residential): Assessor’s Parcel Numbers 245-010-037, 245-010- 041, and 245-010-087, located generally at the northwest corner of Lombardi Street and Westfield Avenue and more particularly shown on Exhibit “A” hereto; and
Section 2: All records of the City of Porterville, together with the official zoning map of the City of Porterville, shall be changed to show the above described real property is rezoned from RS-1 (Very Low Density Residential) to RS-2 (Low Density Residential).

INTRODUCED at a regular meeting on the 1st day of March, 2022, and PASSED, APPROVED AND ADOPTED on the 15th day of March, 2022.

By: ____________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
c::J Annexation Area
c::J Development Area
c:::J City Limits
Lombardi Residential Development
Zoning
RS-1 (Very
Low Density
Residential)
1 in = 750 feet
RS-1 (Very
Low Density
Residential)
Date Printed: 2/24/2022 by the Community Development Department I : • ... ...

Exhibit A
Item No. 21.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Bid Results - Fire Management Office Remodel Project SOURCE: Engineering and Project Management
COMMENT: At its meeting on February 1, 2022, the City Council authorized the advertisement for bids on the Fire Management Office Remodel Project. On March 8, 2022, staff received a single bid for the Project. The Project includes the extension and enclosure of the desk area currently open to the public to include a portion of the north lobby, creating a closed office space and meeting area. Work will also be done to the south wall of the Fire Chief's office to reduce the transfer of sound between offices.

The Engineer's Estimate of Probable cost is $25,000. The sole bid presented by TMJ Construction Inc of Bakersfield is $36,875, which is 47.5% higher than the Engineer's Estimate. An additional $7,000 is necessary for construction contingencies and an additional $3,000 is required for construction management, quality control, and inspection services for a total project cost of $46,875. Staff previously reported to Council on February 1, 2022, that there is a concern about the potential of increased costs to complete this project as there is evidence of water permeating through the building from the exterior flower bed in the area of the proposed new wall. The north lobby entry flooring around the construction area has water damage and is in need of repair/replacement and there may be other unforeseen items needing repair discovered during the construction process; as such, staff is requesting additional funding in the amount of $13,125 be authorized to cover this work for a total amended project cost of $60,000.

It has been the Council's policy to reject all bids when the bid exceeds ten percent (10%) of the Engineer's Estimate. Although the possibility exists that the City will receive favorable bids if re-advertised, the indicators in the current market suggest the changes of such are very small. Staff believe that the higher than anticipated bid amount is due to the increase in construction material costs in the last year that continue to rise steadily; especially for steel and wood products. Prices in the market are expected to continue to increase in the months to come.

Funding for this project in the amount of $32,500 was previously approved from the Fire Equipment Replacement Fund. Funding in an amount not to exceed $27,500 is needed from the Facility Deferred Maintenance/Equipment Replacement Designated Fund to fully fund this project and cover any unforeseen additional items or repairs needed in the construction area should Item No. 21.

Council decide to award.

RECOMMENDATION: That City Council consider:
1) Award of the Fire Management Office Remodel Project to TMJ Construction Inc in the amount of $36,875;
2) Authorize progress payments up to ninety-five percent (95%) of the contract amount;
3) Authorize a contingency in the amount of $7,000 to cover unforeseen construction costs:
4) Authorize $3,000 for construction management, quality control, and inspection services; and
5) Authorize an additional appropriation of up to $28,500 from the Facility Deferred Maintenance/Equipment Replacement Designated Fund to fully fund the project.

ATTACHMENTS: 1. Draft Resolution

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
RESOLUTION NO. _____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE FACILITY DEFERRED

MAINTENANCE / EQUIPMENT REPLACEMENT DESIGNATED FUND

FOR THE FIRE MANAGEMENT OFFICE REMODEL PROJECT
WHEREAS: The remodel of the Fire Management Office Remodel is necessary to fully accommodate the staff needing to occupy the space and to create necessary separation during discussion that may be sensitive in nature; and
WHEREAS: The City of Porterville Municipal Code Section 2-31.3, established the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the exclusive purpose of providing funds to support one-time City facility deferred maintenance and / or equipment replacement costs.

NOW, THEREFORE, BE IT RESOLVED:

1. That the City Council of the City of Porterville make a finding that the remodel of the Fire Management Office is a necessary construction improvement project that is within the intent and purpose of the Facility Deferred Maintenance / Equipment Replacement Designated Fund; and

2. That the City Council of the City of Porterville does hereby approve and authorize the appropriation of an amount not to exceed $27,500 from the Facility Deferred Maintenance / Equipment Replacement Designated Fund for the Fire Management Office Remodel Project:

PASSED, APPROVED and ADOPTED this 15th day of March, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
T.

CLEVELAND AVE. MAIN ST.

THURMAN AVE.

CITY OF PORTERVILLE

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

PROJECT

LOCATION
Fire Management Office
Remodel Project
Item No. 22.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Consideration of Scheduling City Council Goal and Priority Setting Session SOURCE: City Manager's Office
COMMENT: Section 51 of the City Charter requires the submission, not later than thirty (30) days before the end of the fiscal year, of an estimate of the expenditures and revenues of the City's Departments for the ensuing fiscal year. For City Council's consideration, please find attached the proposed budget calendar for the preparation and submission of the City's Annual Budget for the upcoming fiscal year 2022-2023.

In conjunction with the preparation of the budget, staff proposes to schedule the City Council's Priority Projects Study Session for Tuesday, April 12, 2022, beginning at 6:00 P.M., in Council Chambers.

RECOMMENDATION: That the City Council approve the scheduling of its Priority Projects Study Session for Tuesday, April 12, 2022, beginning at 6:00 P.M., in Council Chambers.

ATTACHMENTS: 1. Draft Fiscal Year 2022-2023 Budget Calendar Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager
Date Task Responsibility
March 22 - 23 10-Year Capital Projects update CM/Directors March 31 Budget worksheets to Departments Finance
April 12 City Council study session (priority projects) Council April 22 Preliminary revenue estimates completed Finance April 22 Completed budget worksheets to Finance Directors April 29 Budget planning session CM/Directors
May 10 Preliminary budget completed Finance
May 16 Preliminary budget approved by City Manager CM
May 19 TUTOC review of Measure H & Measure I proposed budget CM June 7 Preliminary budget presented to Council Council
June 21 Final budget public hearing and approval by Council Council

CITY OF PORTERVILLE
FY 2022-2023

BUDGET CALENDAR
Item No. 23.

CITY COUNCIL AGENDA – MARCH 15, 2022
SUBJECT: Status and Review of Proclamation of Local Emergency: COVID-19 SOURCE: City Manager's Office
COMMENT:

At its meeting of March 17, 2020, the City Council took action to approve a Resolution of Proclamation of Existence of a Local Emergency for the novel coronavirus (COVID-19), which staff also initiated a soft-opening of its Emergency Operations Center (EOC) on Friday, March 20, 2020. At its meeting on March 1, 2022, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of Proclamation.

On March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency, President Trump issued a Proclamation on Declaring a National Emergency on March 13, 2020, and the Tulare County Board of Supervisors adopted a Resolution of Proclamations of Local Emergencies on March 17, 2020. The Tule River Tribal Council also adopted a Resolution of Declaration of State of Emergency on March 13, 2020. Subsequent to his Proclamation at the time of this report, Governor Newsom has issued seventy-two (72) 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). On February 25, 2022, Governor Newsom issued an Executive Order (Executive Order N-04-22) to eliminate all but five percent (5%) of COVID-19 related executive actions, maintaining provisions to continue robust vaccination and testing programs and protect the health care delivery system.

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 Item No. 23.

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 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. On February 25, 2022, Governor Newsom announced the SMARTER Plan, guiding Item No. 23.

California's evolving pandemic response with a focus on continued readiness, awareness and flexibility.

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

Consistent with the State and County's modified Orders regarding outdoor 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 Item No. 23.
avoid gathering and encourage social distancing; 2) livestreaming the event for individuals who elect not to attend in-person; and 3) sponsoring a vaccine event in collaboration with Sierra View Medical Center. At its meeting on November 16, 2021, the Council approved the Children's Christmas Parade to occur on December 4, 2021, with the same health and safety precautions as the Veterans Day Parade.

Governor Newsom's Executive Order N-28-20, issued on March 16, 2020, strongly advised that both private and public utilities not shutoff utilities or 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 February 28, 2022, there was $1,488,227 in unpaid City utility accounts (water: $747,471; sewer: $398,855; and refuse: $341,901), with the corresponding total loss in late fees of $430,194 - 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 Item No. 23.
allocation with the County's as the required 25% match to larger federal FEMA funding of approximately $1.2 million. The County has indicated its allocation will be utilized in assisting with providing shelter for homeless individuals that are identified high-risk or in need of quarantine due to COVID-19 (Project Roomkey), which the County was working with two local hotels in the leasing of approximately thirty (30) rooms. At the time of this report, the County is no longer reporting the number of hotel rooms available to homeless individuals participating in the Project Roomkey program across the county, nor the number of rooms occupied. The County also reports that a Street Medicine event occurred in Porterville on June 29, 2020, during which twelve (12) 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 Item No. 23.
replace former Council Member Gurrola on the Committee.

On Tuesday, April 28, 2020, Governor Newsom announced his 4 Stage plan for reopening the California economy and gradual modification of his stay-at-home Order, which his presentation is enclosed. The Governor indicated that moving from current Stage 1 to State 2 would likely occur in several weeks and allow non-essential "low-risk" retail to reopen with requisite 6' social distancing. The Governor indicated "high-risk" personal services would likely be allowed later during the Summer. On May 4, 2020, Governor Newsom issued Executive Order N-60-20, allowing the reopening of lower-risk businesses and spaces in 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 Item No. 23.
museums/galleries/zoos/aquariums.

Due to increasing positive cases across the state, on June 18, 2020, the State issued guidance that all individuals wear face coverings when in public. At its meeting on July 7, 2020, the Council acted to approve and Order under its Proclamation of Local Emergency authorizing the City to enforce the State's mandatory face covering requirements through the City's administrative citation regulations and aggressive education efforts, and directed City staff to prepare an emergency Ordinance requiring face coverings consistent with the State requirements, which was scheduled for Public Hearing and was approved by the Council at its meeting of July 21, 2020. In enforcement of the emergency 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. On February 28, 2022, the State issued updated guidance to remove the requirement that unvaccinated individuals mask in indoor public settings to a strong recommendation that all persons, regardless of vaccine status, continue indoor masking.

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 Item No. 23.

Tulare County), unless the activity or industry can be modified to operate indoors or by pick-up. The State Board of Barbering and Cosmetology initially declared that barbershops and esthetic, hair and nails salons are required to operate indoors and may not operate outdoors and therefore must be closed, however, the State Board subsequently determined to allow these businesses to be open with modifications to operate outdoors.

On August 28, 2020, Governor Newsom announced that the State was implementing a new County Monitoring List system known as the Blueprint for a Safer Economy, incorporating standardized four tiers dependent upon a county's daily new cases per 100,000 population and testing positivity rates and the corresponding effect on economic sectors guidelines for operation. When the Blueprint for a Safer Economy was retired on June 15, 2021, Tulare County was in the Orange (Moderate) tier given its daily positive case rate per 100,000 population exceeded two (1.5 at the time of the report), however, the positivity rate met the Yellow (Minimal) tier requirement of less than two percent (1.5% 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 Item No. 23.
between 10:00 PM and 5:00 AM, effective November 21, 2020 through December 21, 2020 or as may be extended. On January 25, 2021, the State removed this Order effective immediately.

On December 3, 2020, due to the continued significant rise in positive cases and hospitalizations (especially ICU care), the State issued a "Regional Stay At Home Order" with the state separated into five regions by county and centered around maintaining a minimum of fifteen percent (15%) regional hospital ICU capacity, with Tulare County joining eleven (11) other counties in the "San Joaquin Valley" region. The San Joaquin Valley region experienced 14.1% ICU capacity on December 5th and 6.6% capacity on December 6th, causing the new regional order to go into effect in the San Joaquin Valley region at 11:59 P.M. on December 6th. As of June 15, 2021, the San Joaquin Valley region had 27.4% ICU capacity. The regional order modified business operations, including: 1) limit indoor retail to no more than twenty percent (20%) capacity; 2) limit restaurants to delivery/pick-up/take-out only; 3) limit 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). On February 28, 2022, Governor Newsom announced that the State mask mandate for schools would end, but local jurisdictions are allowed to implement their own requirements.

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 Item No. 23.
with the Council's Ad Hoc Committee. On August 24, 2020, the Council Ad Hoc Committee met with staff to review draft guidelines for the opening of outdoor dining by restaurants in public right-of-way, which the final guidelines are provided as an attachment. Consistent with the guidelines and the proposed City's support for protecting restaurant patrons dining in the public right-ofway, at its meeting on September 1, 2020, the Council authorized an appropriation of $100,000 from the City's Emergency/Catastrophic Reserve Fund for the purchase of necessary traffic and sidewalk barriers and other complimentary amenities, with any expenditure of funds to be documented for potential reimbursement should future federal and/or state funding be made available to mitigate COVID-19 activities. Nine entities had been approved to provide outdoor dining, including the Elks Lodge #1342, New China Restaurant, El Jacalito Taqueria, Pho Sho Fusion House, Pizza Factory, El Maguey Mexican Restaurant, Mariscos El-30, RJ's Cafe & Bakery, El Nuevo Mexicali II, Habi Sushi, Black Bear Diner and Birria Y Pollos El Guero, and several more were in the application process prior to outdoor dining being prohibited by the State's regional stay at home orders on December 3, 2020. On January 25, 2021, the State removed the regional stay at home Order, again 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 Item No. 23.
and hospitalizations, on July 27, 2020, the Governor announced the appropriation of $52 million in support of the counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare in the implementation of three Unified Support Teams to provide hands-on technical assistance in support of testing, contact tracing, isolation and quarantine efforts. On August 12 and 13, 2020, the State's Unified Support Team met with local representatives in developing strategies reducing community spread in Tulare County.

Most of the City's workforce has been deemed essential under the State's guidelines, which the City has directed its limited non-essential workers to remain at home and available for assignment if necessary, and has implemented a rotation of its essential workforce as much as possible to reduce employees public exposure. Employees required to be at work during the shelter-at-home Order are accrued special leave for later utilization and/or payment, as well as employees that are working from home. Given the State's reopening guidelines, all City employees returned to work effective June 1, 2020, and the special leave program was discontinued effective May 31, 2020. Compounding the 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 Item No. 23.
of the General Treatment Area of the Porterville Developmental Center (PDC), including caring for up to potentially 350 COVID-19 patients in four (4) categories: 1) patients too sick to recover at home, but do not need hospitalization; 2) patients who have been hospitalized and who are recovering and require less care; 3) skilled nursing facility patients who don't require acute care; and 4) developmentally-disabled group home patients. Preliminary construction improvements have been completed to prepare the facility's infrastructure, with no timeline yet provided for necessary medical improvements expected to begin. The City has repeatedly asked the State to keep it involved in its planning efforts, including any actions by Council that would be supportive of its operation. On May 8, 2020, the City received notice from the County that the State intended to immediately relocate approximately forty (40) foster youth from across the state with COVID-19 to PDC, however, on May 9, 2020, the County notified the City that the State had changed its plans and would not be relocating the youth to PDC, likely to ensure regional patient surge capacity. On July 2, 2020, the City received notification from the County that the State would activate PDC as a regional alternate site on Friday, July 3, 2020, treating low-acute COVID-19 patients transferred from impacted 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 Item No. 23.
use authorization for the Pfizer-BioNTech COVID-19 vaccine on December 11, 2020, the Moderna vaccine on December 18, 2020 and the Johnson & Johnson vaccine on February 27, 2021, which the State provided guidelines for the distribution of vaccines in three phases. Consistent with the State's identified Phase 1A/Tier 1 priority, Tulare County began vaccinations the week of December 14, 2020, with approximately 3,000 vaccines administered. At the time of this report, the County has received 331,725 vaccines and administered 242,035 vaccines to residents, and is available to all individuals age 12 or older.

The County had identified large-scale community vaccination sites, with locations in Porterville (Porterville College), Tulare (Ag Center) and Visalia (College of the Sequoias), though the County transitioned the Porterville vaccination site to the Porterville Fairgrounds in May 2021 due to a parking lot project at Porterville College. At its Special Meeting on April 13, 2021, the City Council approved a mass vaccination and resource fair event sponsored by the County at the Porterville Fairgrounds on Sunday, April 18th through Tuesday, April 20th, 2021, which a successor vaccination event at the Fairgrounds for Sunday, May 10th through Tuesday, May 12th, 2021. Effective July 31, 2021, the local community vaccine clinic operated by Sierra View 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 Item No. 23.
matching funds of $14 million, with the total estimated $27 million to be administered by the Local Initiatives Support Corporation (LISC) through local non-profit organizations beginning by March 15, 2021.

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

On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act (ARPA), which includes $65 billion in local government funding assistance, with recent estimates by adopted population formulas would provide $19,984,717 in direct federal financial assistance to the City. Guidelines for the eligible use of funds are currently being drafted by the U.S. Department of the Treasury, which will administer the funds, who released the Interim Final Rule on May 10, 2021. The City's first allocation of $9,992,358 was received on May 20, 2021, which the second allocation would be received twelve (12) 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 Item No. 23.

August 19, 2021, which seventy-four (74) individuals were vaccinated, and a Community Roundup Event on August 27, 2021 at Sierra View's vaccine clinic, which had 366 individuals vaccinated. A second Community Roundup Event was held on September 16-18, 2021, with 795 individuals vaccinated. A third Community Roundup Event was held on October 7-9, 2021, with 1,249 individuals vaccinated. A fourth Community Roundup Event was held on October 29-30, 2021, with 2,046 individuals vaccinated. A vaccine event was conducted in conjunction with the Veterans Day Parade, which 126 individuals were vaccinated. A fifth Community Roundup Event was held on November 18-20, 2021, with 2,157 individuals vaccinated. A vaccine event was conducted in conjunction with the Children's Christmas Parade on December 4, 2021, which 329 individuals were vaccinated. A vaccine event was conducted in conjunction with the Porterville College Foundation Swap Meet on December 11, 2021, which 374 individuals were vaccinated. A sixth Community Roundup Event was held on December 9-11, 2021, with 1,730 individuals vaccinated. A seventh Community Roundup Event was held on January 6-8, 2022, with 3,041 individuals vaccinated. 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 18,030 local gift cards/certificates have been purchased and $1,803,000 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, Item No. 23.
which due to the State's current regional stay at home order, at its meeting on December 15, 2020, the Council acted to defer the biannual collection again until July 2021. At its meeting on August 3, 2021, the Council acted to continue to defer the biannual collection until January 2022. At its meeting on December 21, 2021, the Council acted to continue to defer the biannual collection until July 2022.

On December 3, 2020, given the new Regional Stay-at-Home Orders, the State announced that a new $500 million in grants would be made available to assist small businesses impacted by the Orders, which the application period for the first round of funding opened on December 30, 2020, and closed on January 13, 2021. A second round of funding was committed to by the State, with the application period having opened on February 2 and closed on February 8, 2021. Four additional rounds of funding were announced by the State on March 3, 2021, with the third round (waitlisted applicants from the first and seconds rounds only) having opened on March 5 and closed March 11, 2021, the fourth round (nonprofit cultural institutions only) opened on March 16 and closed on March 23, 2021, the fifth round (open to all eligible applicants) opened on 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 Item No. 23.
estimated cities in California will collectively lose $7 billion in revenue through the 2020-2021 fiscal year.

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

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

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

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

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-04-22 - SMARTER
Plan

7. State of California SMARTER Plan

8. City of Porterville Urgency Ordinance - Face Coverings:

July 21, 2020

9. State of California Face Covering Guidance Update -
February 28, 2022
Item No. 23.

10. Tulare County Emergency Rental and Utility Assistance Program

11. City Utilities Past Due Balances - February 2022

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

13. Vaccination Incentives Report

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

Review By:

Department Director:

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

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

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

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

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

Pursuant to this declaration, I direct as follows:

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

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

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

DONALD J. TRUMP

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-04-22
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS since March 2020, the State has taken decisive and meaningful actions, relying on the most current data and science available, to reduce the spread, and mitigate the impacts, of COYID-19, saving an untold number of lives; and
WHEREAS on June 11, 2021, as a result of reducing case rates throughout California at that time, I issued Executive Order N-08-21, which systematically rolled back many of the Executive Order provisions I put in place to ensure for the continued provision of public and essential services while preserving public health and safety; and
WHEREAS following my issuance of Executive Order N-08-21, the Delta and Omicron variants of COVID-19 spread throughout California, the United States, and the world, posing significant threats to the health and safety of Californians and necessitating additional decisive actions, including those implemented through Executive Order; and
WHEREAS as a result of the effective actions Californians have taken, including more than 73 percent of eligible Californians who have been fully vaccinated, another 9 percent of eligible Californians who are partially vaccinated, and more than 56 percent of eligible Californians who have received a booster, California has turned another corner in its fight against COVID-19, and in particular, the Omicron variant; and
WHEREAS on February 17, 2022, I unveiled the SMARTER Plan, which will guide California's strategic approach to managing the next phase of the COYID-19 pandemic while moving the state's recovery forward, with a focus on continued readiness, awareness and flexibility; and
WHEREAS in light of the current state of the COVID-19 pandemic in California, it is appropriate to, again, through measured and decisive action, roll back additional provisions of my COYID-19-related Executive Orders; and WHEREAS certain provisions of my COVID-19 related Executive Orders currently remain necessary to continue to help California respond to, recover from, and mitigate the impacts of the COYID-19 pandemic, including maintaining California's robust testing and vaccination programs and protecting hospital capacity, and the termination of certain provisions of my COYID-19 related Executive Orders during this stage of the emergency would compound the effects of the emergency and impede the State's recovery by disrupting the State's ability to support ongoing medical response and preparedness; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would continue to prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

The following provisions are terminated.
1) State of Emergency Proclamation dated March 4, 2020:
a. Paragraph 1. The State Emergency Plan as it relates to the COVID-19 pandemic shall remain active;
b. Paragraph 5; and
c. Paragraph 6.
2) Executive Order N-25-20:
a. Paragraph 6; and
b. Paragraph 8.
3) Executive Order N-40-20, Paragraph 14. This provision shall apply to any expenses incurred prior its termination.
4) Executive Order N-41-20.
5) Executive Order N-45-20, Paragraph 10.
6) Executive Order N-50-20:
a. Paragraph 1;
b. Paragraph 3; and
c. Paragraph 4.
7) Executive Order N-55-20:
a. Paragraph 15;
b. Paragraph 17; and
c. Paragraph 18.
8) Executive Order N-63-20, Paragraph 8, subparagraphs (d) and (f). 9) Executive Order N-66-20:
a. Paragraph 7; and
b. Paragraph 8.
10) Executive Order N-02-21, Paragraph 2.
11) Executive Order N-12-21, Paragraph 8.

The following provisions shall remain in place and shall have full force and effect through March 31, 2022, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 12) Executive Order N-57-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3; and
d. Paragraph 4.
13) Executive Orders N-25-20, Paragraph 7, N-35-20, Paragraph 3, and N84-20, Paragraph 4, except that Executive Order N-25-20, Paragraph 7 shall remain in effect as applicable only to emergency appointments made pursuant to Government Code section 19888.1 and California Code of Regulations, Title 2, Sections 300 through 303 for participants in the California Medical Assistance Team (CAL-MAT) Program. Any hours or days worked during the 2021-22 fiscal year by an individual hired pursuant to these provisions prior to their termination shall not count toward the work-hour or work-day limits prescribed under the respective statutes and regulations identified in these Executive Orders. 14) Executive Order N-71-20, Paragraph 5.
15) Executive Order N-12-21, Paragraph 7. Any retired person who returned to service pursuant to this provision prior to its termination shall be able to remain in service through the end of the 2021-22 fiscal year notwithstanding any limitation that would otherwise apply pursuant to Government Code section 7522.56, subdivision (f).
16) Executive Order N-3-22:
a. Paragraph 3. Any days for which a substitute teacher was assigned to a single general education assignment prior to the termination of this provision shall not count toward the limitations in California Code of Regulations, Title 5, sections 80025.1 (c) and 80025.3(a) and (b), as modified via Section 47 of Assembly Bill 167, Chapter 252, Statutes of 2021;
b. Paragraph 5. Any compensation earned by a retired member during the 2021-22 school year pursuant to this provision prior to its termination shall not count toward the post-retirement
compensation limits under Education Code section 24214, subdivisions (d), (f), and (g);
c. Paragraph 6. Any retired member who meets normal retirement age and returned to service pursuant to this provision prior to its termination shall be able to remain in service through the end of the 2021-22 school year notwithstanding any limitation that would otherwise apply pursuant to Education Code section 24214.5, subdivisions (a) through (g); and
d. Paragraph 7. Any retired classified and certified personnel who returned to service pursuant to this provision prior to its termination shall be able to remain in service through the end of the 2021-22 fiscal year notwithstanding any limitation that would otherwise apply pursuant to Government Code section 7522.56, subdivision (g).

The following provisions shall remain in place and shall have full force and effect through June 30, 2022, upon which time they will expire subject to individual conditions described in the enumerated paragraphs below. 17) Executive Order N-38-20:
a. Paragraph 1;
b. Paragraph 2;
c. Paragraph 3;
d. Paragraph 4; and
e. Paragraph 5.
18) Executive Orc;jer N-43-20 (as modified via Executive Order N-08-21 and extended via Executive Order N-16-21):
a. Paragraph 2;
b. Paragraph 3;
c. Paragraph 4;
d. Paragraph 5;
e. Paragraph 6;
f. Paragraph 7;
g. Paragraph 8;
h. Paragraph 9; and
i. Paragraph l 0.
19) Executive Order N-71-20, Paragraph 18.
20) Executive Order N-12-21 :
a. Paragraph l. This is a further extension beyond that provided in Paragraph 1 of Executive Order N-21-21;
b. Paragraph 2. This is a further extension beyond that provided in Paragraph 1 of Executive Order N-21-21;
c. Paragraph 3. This is a further extension beyond that provided in Paragraph 1 of Executive Order N-21-21;
d. Paragraph 4. This is a further extension beyond that provided in Paragraph 1 of Executive Order N-21-21;
e. Paragraph 5. This is a further extension beyond ~hat provided in Paragraph l of Executive Order N-21-21; and
f. Paragraph 6. This is a further extension beyond that provided in Paragraph l of Executive Order N-21-21.
21) Executive Order N-17-21, Paragraph l. This is a further extension beyond that provided in Paragraph 2 of Executive Order N-21-21 .

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

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

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 25th
day of February 2022.

ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

SMARTER CALIFORNIA
THE NEXT PHASE OF CALIFORNIA’S COVID-19 RESPONSE
2 California SMARTER| February 2022
Table of Contents
Introduction.........................................................3 The SMARTER Plan Includes ...............................4 The SMARTER Plan in Action...............................5 SMARTER by the Numbers..................................6 Putting Our Work Into Context...........................7 Remaining Nimble and Adaptable ..................8
Maintaining and Expanding Focus on Equity..8
The SMARTER Plan.............................................10 SHOTS .................................................................. 11 MASKS ................................................................. 13 AWARENESS......................................................... 14 READINESS........................................................... 16 TESTING................................................................ 18 EDUCATION......................................................... 20 RX......................................................................... 22 Building on Experience....................................23 Investments to Fight COVID-19 .......................28 Conclusion ........................................................29 California SMARTER| February 2022 3
Californians have led the nation’s fight against the COVID-19 pandemic with early public health measures that saved lives. We have been led by science and data, and know more today than we did two years ago.

The release of the California SMARTER Plan: The Next Phase of California’s COVID-19 Response is critically timed. We are recovering from the intense Omicron variant surge when millions of Californians were infected. It is clear the virus will remain with us for some time, if not forever. It is less clear how often and how much it will continue to impact our health and well-being. However, we know what works, and have built the necessary tools over the last two years that allows us to learn and hone our defenses to this virus as it evolves.

As we enter the next phase with COVID-19, which may include future surges and new variants, we will continue to be the nation’s model for preparedness, ready to build on what we have learned over the past two years to meet the COVID-19 challenges that lie ahead.

In our approach to this next phase, we will be smarter than ever before, using the lessons of the last two years to approach mitigation and adaptation measures through effective and timely strategies. Throughout the pandemic we have leaned on science and relied on tools that create protection. This includes vaccines, masks, tests, quarantine, improving ventilation, and new therapeutics. Moving forward, based on the evolving conditions of the virus, we will be prepared to use these different strategies in more precise and targeted ways all along the way, integrating new innovations and information to protect our state.

Federal, state and local leaders must continue to prepare for the future, even though we cannot fully predict it. But California’s path forward will also be predicated on our individual, smarter actions, that will collectively yield better outcomes for our neighborhoods, communities, and state. The main points of the SMARTER plan are as follows:

Introduction
Rx- Evolving and improving treatments will become increasingly available and critical as a tool to save lives.

Shots- Vaccines are the most powerful weapon against
hospitalization and serious illness.

Masks- Properly worn masks with good filtration help slow the spread of COVID-19 or other respiratory viruses.

Awareness- We will continue to stay aware of how COVID-19 is spreading, evolving variants, communicate clearly how people should protect themselves, and coordinate our state and local government response.

Readiness- COVID-19 isn’t going away and we need to be ready with the tools, resources and supplies we will need to quickly respond and keep public health and the health care system well prepared.

Testing- Getting the right type of tests - PCR or antigen - to where they are needed most. Testing will help California minimize the spread of COVID-19.

Education- California will continue to work to keep schools open and children safely in classrooms for in-person instruction.

S
M
A
R
T
E
R
4 California SMARTER| February 2022
The SMARTER Plan Includes
The SMARTER Plan reflects upon what we have done as a state and how we have learned to manage COVID-19. Our lessons and experiences inform our approach to manage what lies ahead. We will stay prepared for whatever COVID-19 might bring our way next and we will continue to lean on the tools that worked to reduce spread, minimize infection and keep our community safe.

SMARTER is not just for or during COVID-19. The preparation, the flexibility and the systems we have developed make us SMARTER and better prepared for future emergencies. Our state will continue to learn and iterate in our response to the virus. California has always been a state that learns fast and adapts – it is in our DNA and will guide us moving forward. • With the COVID-19 Assessment and Action Unit the state will monitor the data and frontline conditions in real-time to ensure California is ready to respond to new and emerging variants and changing conditions.
• Building upon a robust, regionally based waste-water surveillance and genome sequencing network to have early and rapid insights into the changing nature of the virus and early identification of variants. This network can be scaled up to support identification of future infectious diseases.
• Work with external partners and the federal government to launch the first-in-the-nation impacts of COVID-19 longitudinal cohort study to look at and follow the direct and indirect impacts of COVID-19 on individuals and communities over time.
• Pursue of a public-private partnership with a test manufacturer to drive down the costs of at-home tests while securing a reliable and timely supply chain for California.
• Take steps to ensure our health care facilities can continue to ramp up with additional staff and resources to respond to surges to minimize the strain on our health care systems.

California SMARTER| February 2022 5
The SMARTER Plan in Action

1. Sequence the circulating strain, and answer the question: “Is the circulating strain a variant we know or is it new?” If it does not match a known strain, rapidly expedite whole genome sequencing of clinical specimens in that area to identify the genotype of the circulating viral strain.

2. If it is a new variant, within 30-45 days in partnership with the Federal Government, the state will seek to:
a. Understand if the circulating strain responds to the existing therapeutics.
b. Understand if currently available tests pick up the strain reliably. c. Understand if there is immune escape from prior infection and/or vaccines.

3. Utilizing our statewide stockpiles, the state will quickly deploy testing supplies to regions picking up signals of increasing transmission allowing time for local and private testing efforts to be mobilized and scaled.

4. Deploy additional staff that have been secured through new staffing contracts for vaccine administration to regions picking up signals of increasing transmission allowing time for local and private testing efforts to be mobilized and scaled.

5. State will help facilitate the deployment of surge staff for facilities in impacted regions via state coordinated staffing contracts to ensure hospitals are prepared especially in impacted communities.

6. State will work with local partners, health experts, community-based organizations and others to develop messaging and communication to ensure that the public is well informed in a culturally appropriate manner using authentic community messengers. Also, make data available to ensure visibility and transparency.

As California maintains focus on communities disproportionately impacted, the SMARTER Plan outlines specific steps to prepare and be ready for the next covid-19 threat.

To put this into practice, imagine a California county through its wastewater surveillance system picks up a signal indicating a higher level of transmission of COVID-19 than normal.

Californians should expect the following six efforts to kick into action:
6 California SMARTER| February 2022
SMARTER by the Numbers
Our smarter path will enable us to be fully prepared and respond to the changing nature of the COVID-19 pandemic. The specific metrics of preparedness below will help focus our efforts to ensure we have the necessary resources and capabilities in place.

SMARTER METRICS OF PREPAREDNESS
Shots
Vaccine administration
Capacity to administer at least 200,000 vaccines
per day on top of existing pharmacy and provider
infrastructure.

Masks
Personal protective equipment
distribution
Maintain a stockpile of 75 million high quality masks
and the capability to distribute them as needed.

Awareness
Communications
Maintain capability to promote vaccination, masking
and other mitigation measures in all 58 counties and
support engagement with at least 150 communitybased organizations.

Readiness
Surveillance and surge staffing
Maintain wastewater surveillance in all regions and
enhance respiratory surveillance in the healthcare
system while continuing to sequence at least 10% of
positive COVID-19 test specimens. Ability to add 3,000
clinical staff within 2 - 3 weeks of need and across
various health care facility types.

Testing
Maintain commercial and local public health
capacity statewide to perform at least 500,000 tests
per day - a combination of PCR and antigen.

Education
Expand vaccination rates
among kids
Expand by 25% school-based vaccination sites
supported by state to increase vaccination rates as
eligibility expands and vaccination requirements are
enacted.

Rx
Therapeutics
Maximize order for the most clinically effective
therapeutic available through the federal
partnerships. Ensure allocations of effective
therapeutics are ordered within 48-hours.

As we have learned throughout the pandemic, each surge and each variant brings with it unique characteristics relative to our neighborhoods and communities specific conditions (e.g., level of immunity). Therefore, instead of laying out specific thresholds or triggers, California will continue to evaluate the data quickly and nimbly to determine how to best handle future changes in the behavior of the virus. The SMARTER Plan does lay out specific response metrics that will ensure our preparedness and guide our work moving forward.

Critical to this is the idea that governmental public health will remain vigilant.

California SMARTER| February 2022 7
Putting Our Work Into Context
Our individual actions have saved tens of thousands of lives. Though many have lost loved ones to this disease, California has among the lowest cumulative death rate among large states.

Our
collective
and
individual
actions
have saved
tens of
thousands
of lives.

Though
many have
lost loved
ones to this
disease,
California
has among
the lowest
cumulative
death rate
among
large
states.
70+ million COVID-19
vaccines administered.
870+ million
COVID-19 N-95 and
surgical masks distributed.
140+ million COVID-19
tests administered.
33 million+ at-home
COVID-19 antigen tests
distributed.
7,500+
COVID-19 testing
sites established.
28,000+ state supported
staff deployed to 800+
health care facilities.
700+ community-based
organizations partnered
with and supported.

Our collective work has resulted in a whole-of-government response that led the nation in providing resources to local and community partners. 8 California SMARTER| February 2022
Remaining Nimble and Adaptable
Throughout the COVID-19 pandemic, Californians have adapted as we learned more about the virus and the most effective strategies to manage it. From the initial stay-at-home orders to the recent need to reinstate temporary and limited mitigation requirements during this Omicron surge, our adaptability has saved lives.

While we learn more about how to live with COVID-19, California must support the ongoing ability of our state to adapt during the coming months and years:

Our state’s ability to be ready and remain flexible will not only make us better and smarter at managing COVID-19, but it will also make us better altogether.

The COVID-19 pandemic has impacted each of us over the last two years. However, there are some communities, mainly underserved, low-income communities of color as well as older and disabled Californians, that have been more disproportionately impacted. Much more work is required to tackle these disparities. The SMARTER Plan coupled with our fiscal investments are intentionally and directly addressing historical and systemic inequities. Our focus on equity and our efforts to support these communities with targeted interventions and outreach has significantly closed disparities in infection and death rates. Although much more work is required to tackle these disparities, our focus on equity has been fundamental to building a Healthy California for ALL.
• We must continue to identify and
interpret the data we need to keep
people safe. For example, if we have
another highly infectious but not as
virulent variant in the future, we may
focus on hospital numbers to gauge
whether and how the state should
react. On the other hand, if the
virulence is high, we may again make
decisions based on case numbers, as
preventing a case may mean saving a
life.
• Individuals who have tested positive
for COVID-19 should continue to stay
home for the period recommended by
the federal Centers for Disease Control
(CDC) and California Department of
Public Health (CDPH). This time period
may be different at different times in
the future depending on the dominant
variant circulating at a given time. The
difference is because each variant has
a distinct incubation and replication
period. Because of this difference,
the length of time an infected person
remains likely to spread the infection
to another person changes. For
individuals who feel sick, they too
should stay home until they feel well.

If an individual has been exposed to
someone who tested positive, they
should consider getting tested and
masking until they are sure they are not
infected.
• With masking, there may be conditions
that warrant temporary, targeted and
risk-based masking requirements. These
can be loosened once conditions
improve.
• We must also adapt to the emergence
of new interventions and innovations.

For example, the development of new
pharmaceutical agents for COVID-19,
the way our communities are built
with a greater emphasis on spending
time outdoors, the way we receive
our healthcare with rapidly improving
innovations in telehealth.

Maintaining and Expanding Focus on Equity
California SMARTER| February 2022 9
Death rate for Latinos is 17%
higher than statewide rate
Deaths per 100K people:
221 Latino • 189 all ethnicities
Case rate for Pacific Islanders
is 75% higher than statewide rate
Cases per 100K people:
32,389 NHP • 18,469 all ethnicities
Death rate for Blacks is 16%
higher than statewide rate
Deaths per 100K people:
219 Black • 189 all ethnicities
Case rate for communities with
median income <$40K is 24%
higher than statewide rate
Cases per 100K people:
22,975 income <$40K
18,469 all income brackets
Over 90% of deaths were age
50 or older and 12% of all
deaths were among residents
of skilled nursing facilities.

Maintaining and Expanding Focus on Equity
Despite our efforts, there is much more work
ahead of us and the following data are
important in anchoring our work:

As we enter this next phase, it is important
for us not to forget that COVID-19
disproportionately affected our low-income,
Latino, Black, Native American and Pacific
Islander communities, individuals in rural
parts of the state, as well as workers in highrisk settings. It will be equally important for us not to lose sight of the impact the COVID-19
pandemic has had on our older and
disabled Californians. We must accelerate
change to address these longstanding
inequities.

Committed to a Healthy California for All, we
developed an equity measure to sharpen
the data-driven focus on curbing transmission
in communities most impacted. Then we
directed resources to those communities
to address COVID-19’s unequal impact on
health outcomes. Additionally, we published
a COVID-19 Health Equity Playbook for
Communities to support local communities in
building an equitable recovery. Furthermore,
each county was required to develop a plan
demonstrating targeted investments around
testing and other COVID-19 mitigations to
eliminate disparities in levels of COVID-19
transmission and promote equitable
recovery.

We must continue to work to build the
mindset and awareness of inequity across
our state. That if significant surges in
cases and risk for death return, we can
immediately implement community level
approaches to ensuring gaps in outcomes
emerge. For example, the ability to provide
targeted testing strategies, the ability
to unleash appropriate education and
messaging, and to distribute high quality PPE.

The tendency for some groups to experience
a greater impact is avoidable. But with a
transformation of our health systems and
proposed expansions of coverage and
access to all income eligible Californians
a hallmark of Governor Newsom’s 2022-23
Budget, California is making short- and longterm investments to reduce the likelihood of such inequities. As a result, no state more
than California is prepared to avoid the
tragic inequities we have sought to close
throughout this pandemic.
10 California SMARTER| February 2022
The SMARTER Plan
We have come a long way in our journey with COVID-19. To use an analogy, we started our journey driving on an unfamiliar road with low visibility, heavy rain, worn-down brakes, and no windshield wipers. In contrast, today, we are driving on a road that we have mostly driven before with good weather conditions, and in a car with new brakes and windshield wipers. There are still potential hazards on the road ahead, but we are much better equipped to anticipate and react to them.

These upgraded capabilities have come through hard fought lessons, timely and significant investments, and a data-driven approach guiding our response.

Rx- Evolving and improving treatments will
become increasingly available and critical as a
tool to save lives.

Shots- Vaccines are the most powerful weapon
against hospitalization and serious illness.

Masks- Properly worn masks with good filtration help
slow the spread of COVID-19 or other respiratory
viruses.

Awareness- We will continue to stay aware of how
COVID-19 is spreading, evolving variants, communicate
clearly how people should protect themselves, and
coordinate our state and local government response.

Readiness- COVID-19 isn’t going away and we need
to be ready with the tools, resources and supplies we
will need to quickly respond and keep public health
and the health care system well prepared.

Testing- Getting the right type of tests - PCR or
antigen - to where they are needed most. Testing will
help California minimize the spread of COVID-19.

Education- California will continue to work to keep
schools open and children safely in classrooms for inperson instruction.

S
M
A
R
T
E
R
California SMARTER| February 2022 11
We have administered more than 70 million doses of COVID-19 vaccine, and nearly 80% of those over 12 have been fully vaccinated. Early vaccine efforts to prioritize the most vulnerable and most at-risk Californians have been followed by a persistent focus to close gaps among communities of color. The ongoing need for us to maintain our immunity in the face of new variants and the anticipated waning of immunity without boosters will require continued investments in vaccine distribution efforts, especially for older individuals and those who are immunocompromised. Most immediately, we will continue to focus on closing stubborn equity gaps which started at roughly a 26% difference in adult vaccine administration between higher income and lower income neighbors, currently this difference is at 16%, a 40% reduction. This same equity gap for kids ages 5-17 is at 27%, so we will also intensify our efforts to vaccinate those under 18 years of age, and prepare for those under 5 to become eligible soon. The need to improve vaccination rates among our youngest Californians will support our broader efforts to keep in person instruction across the state.

Furthermore, battling mis-and dis-information that has deepened hesitation among unvaccinated Californians will continue to be critical. We will maintain the widely distributed network of trusted local providers who are in place to quickly vaccinate Californians in anticipation of any additional focused efforts, such as another booster dose. Having demonstrated the capability to administer over 400,000 doses in a single day during initial peak demand, keeping this network in place to deliver at least 200,000 shots through statepartners in counties, health facilities and pharmacies should well position the state for future needs.

The SMARTER Plan
SHOTS
12 California SMARTER| February 2022
What’s Next?
We will expand messaging on vaccinations and shift to the concept of staying “Up-To-Date” on vaccination, like other vaccines. Specifically, our work will focus on the following:

Prepare for the approval of vaccines for kids under 5 years old – including targeted messaging and ensuring the pediatric providers (pediatricians and family practitioners) are prepared to administer these vaccines.
• Continue to educate Californians
about the benefits of boosters and
ensure they are available in broad and
equitable ways.
• Continue assessing the growing
evidence and data on the strength
of hybrid immunity - immunity both
from vaccine and prior infection - and
consider this information as we look at
vaccine requirements in California.
• As the 7-12th grade immunization
requirement is coming, we will work
to be clear about the message and
ensure parents are educated and have
their questions answered.
• Ensure that health care workers can
stay up to date on their vaccines.
• Work to decrease disparities in
vaccination rates and ensure that all
Californians can remain up to date on
their vaccines.
• Remain focused on current vaccine
disparities so all Californians have
ample opportunities to maintain their
immunity.

SHOTS (continued)
California built its own Digital COVID-19 Vaccine Record, a tool that is a convenient option for Californians who received a COVID-19 vaccination to access their record from the state’s immunization registry systems. It was launched in June 2021, and has issued 13.3 million records to more than 7.2 million individuals. Our open source code builds on the SMART Health Cards framework for vaccination verification. Today, 13 states, along with Puerto Rico and Washington, DC, support SMART Health Cards, and at least another 5 states are expected to launch soon. SMART Health Cards have become the de facto standard for COVDI-19 vaccine verification in the United States.

California SMARTER| February 2022 13
Masking as a mitigation tool has proven effective in helping minimize transmission, moving forward we will lean on the below. Public health officials will continue to assess the science and the data as we have been, and as appropriate, make changes to current masking guidance.

The data have clearly demonstrated that properly worn masks with good filtration are an effective mitigation tool that not only protects the wearer but minimizes the transmission of COVID-19. Use of masks should be supported by all who want to use them and should be required in high-risk settings or in other public indoor settings during periods of high transmission or when a variant emerges with potentially high virulence.

On the supply side, we now have procured and distributed over 250 million N-95 respirators, and over 600 million surgical masks. We have forged new and innovative partnerships directly with vendors and manufacturers. When national mask supplies were short, we procured enough not only for our state needs but for those of other states. This strategy of partnering with federal agencies AND ensuring we have other options to meet our needs will continue.

Depending exclusively on the federal government for immediate supplies and resources proved challenging throughout the pandemic. Since the beginning we have turned to our own capabilities to meet our needs, whether with masks, testing supplies, other personal protective equipment (PPE), or life-saving tools like ventilators.

We will leverage our broad purchasing powers to procure critical supplies like masks and testing supplies or making them easily available to counties and communities for needs related to COVID-19 and other emergencies such as wildfires. • Maintain a strong strategic stockpile
with the goal to have 75 million high
quality masks in the stockpile with the
capability to distribute them across the
state on an as-needed basis.
• Strongly recommend properly worn,
high-quality masks in public indoor
settings, especially in high-risk settings.
• Emphasize and encourage mask use
messaging for the following settings:
o High-risk settings where vulnerable
individuals live or are cared for
(hospitals, nursing homes, prisons)
o Public transportation and air travel,
per federal guidance
• Public indoor settings that are crowded
• Emphasize mask use messaging for the
following individuals:
o Unvaccinated, per the CDC
o At-risk for severe disease (elderly,
underlying medical conditions)
o Decreased immunity
o With known significant exposure to
COVID-19
• Continue outreach during winter
respiratory virus season so our
communities increase voluntary mask
use when viruses most commonly
circulate.

MASKS
What’s Next?
14 California SMARTER| February 2022
To remain aware, we must watch how COVID-19 is spreading, better understand the longterm impact of COVID-19, and further leverage our coordinated, whole-of-government response.

Our public health response has evolved throughout the pandemic. We began with 61 loosely coordinated local health jurisdictions moving at different speeds, with different resources and different objectives. Using well established emergency management protocols, California’s State Operations Center has been the connection between local communities, the state and the federal government. While local communities will continue to have flexibility to develop more specific regional approaches, the state will continue to provide the infrastructure to drive objective metrics and deliverables throughout the pandemic.

Our efforts to augment and expand local disease investigation and surveillance capabilities have allowed the state to be a leader in tracking the virus and its impacts. The early investments in new information technology systems, data modeling and whole genome sequencing have created a robust system to track and monitor transmission. We now have the surveillance and disease tracking infrastructure in place to ensure we can respond to COVID-19 and outbreaks of other infectious diseases. Similarly, we will continue to leverage

AWARENESS
California SMARTER| February 2022 15
We know COVID-19 is a global challenge that plays out locally. Our experts across various disciplines (technology, public health, laboratory, and infectious disease) have all it takes to be vigilant for the next variant or early signs that a surge is rearing its nasty head once again. • Build on the California COVID-19
Assessment Tool (CalCAT) which brings
the best COVID-19 models together
in one place to support policy and
public health action, while developing
ensemble estimates of critical
COVID-19 metrics from a variety of
models, giving us the ability to facilitate
comparisons about trends.
• Focus on continuing to build a
robust, regionally based waste-water
surveillance and genome sequencing
network to have early and rapid insights
into the changing nature of the virus
and variants. This network can be
scaled up to support identification of
future infectious diseases.
• With the COVID-19 Assessment and
Action Unit the state will monitor the
data and frontline conditions in realtime to ensure the state is ready to respond to new and emerging variants
and changing conditions.
• Work with external partners and the
federal government to launch the
first-in-the-nation impacts of COVID-19
longitudinal cohort study to look at
and follow the direct and indirect
impacts of COVID-19 on individuals and
communities over time.
• Continue to support and amplify local
and community-based partnerships
through the newly proposed Office of
Community Partnerships and Strategic
Communications.
• Maintain the monthly COVID-19
California survey that has engaged
the diversity of the state on their beliefs
and perspectives on a wide range of
COVID-19 related issues.
• Leverage existing infrastructure to
deepen the understanding of COVID,
especially the effectiveness and safety
of vaccines. Support communitybased organizations to build upon the state’s equity work.
• Continue to maintain regular
coordination activities through the
State Operation Center to mobilize an
all-of-state-government response to
future needs, and facilitate local and
federal engagement, reliably.
• Promote the ability of CA Notify, a
free exposure notification system for
smartphones, to alert individuals if they
have been exposed to COVID-19 so
Californians have the information they
need to act.

What’s Next?
academic and research partners to assess COVID-19 impacts over weeks, months, years and decades. Just as California identified the first U.S. case of the Omicron variant, our new statewide COVID-19 Assessment and Action Unit will bring together the tools we have built to keep us ready and help inform the development of future interventions such as care delivery models and clinical care best practices and standards.

Directly communicating with Californians was a critical pillar in our overall response. We invested in community outreach, that has included direct appointment and referral assistance, and public education. Despite the rapidly evolving nature of the pandemic response, our consistent messaging framework has been that California is prepared and will take necessary actions to save lives.
16 California SMARTER| February 2022

READINESS
We cannot predict the future, but we can take what we’ve learned to better prepare for it. That means continuing to bolster our public health infrastructure, preparing for potential future hospital surges, maintaining sufficient stockpiles of PPE and working to improve air quality and ventilation in schools and other public settings.

Early in the pandemic, we moved quickly to develop surge capacity outside the health care delivery system by building up two new surge hospitals as well as other alternate care sites across the state to ensure every Californian could have access to the health care they needed. Over time, experience showed a better approach was to increase capacity at existing health facilities that leveraged established core services and resources. California’s public health leaders recognized early on that COVID-19 is an airborne pathogen that spreads readily indoors when air circulation is not optimized. This understanding guided our actions since the earliest days of our response. This fact drove many efforts, including regulatory relief for businesses, to encourage Californians to meet, dine and play outdoors; to keep a door open and windows up to help circulate fresh air indoors.

The pandemic has taught us that improvements to air quality do not always require massive infrastructure investments or take years to implement. There are cost effective, immediate tools available. Californians also spent a great deal more time outdoors, enjoying the fresh air and nature.

California has built a sustainable and reliable logistics pipeline in response to COVID-19. This includes a robust supply of PPE and other critical supplies available for rapid deployment to the medical/health sector, first responders, front line workers, and communities in need.

Items such as N95 respirators, surgical and cloth masks, face shields, goggles, surgical gowns, coveralls, and gloves are included in this critical capability.

To date, the state has distributed over 1.6 billion individual items of PPE to support the pandemic. At the height of pandemic response, the state managed a comprehensive distribution system consisting of all facets of procurement from production to ordering and delivery, warehousing, and direct shipments from vendors.

California SMARTER| February 2022 17
Our work moving forward will enable us to be ready to respond to any changes in our conditions.
• Maintain an up-to-date, strategic
stockpile that allows California to
independently respond to local needs.
• Work with local public health
departments to develop, support,
and implement these strategies to be
ready for the next surge and the next
infectious disease emergency.
• Allocate state appropriated resources
to further accelerate the building of a
21st Century public health system. The
Governor’s 2022-23 Blueprint proposes:
o $300 million ongoing for state and
local public health to build up
capacity and transform California’s
public health system.
o Requiring 25% of a non-profit
hospital’s community benefit funds
be allocated toward communitybased public health organizations that address the social drivers of
health. This 25% equates to roughly
$500 million each year.
o $1.7 billion over three years to recruit,
train, hire, and advance an ethnically
and culturally inclusive health and
human services workforce, with
improved diversity, wages, and
health equity outcomes.
• Establish three key efforts for health
care facilities preparing for or
responding to surges so, at any time,
we can bring up to 3,000 additional
staff to facilities across the state within
2-3 weeks of the need:
o Support the local county or regional
expansion of existing Medical
Reserve Corps teams;
o Maintain master contract
agreements with 3-5 national registry
companies that can be directly
accessed by health systems; and
o Monitor facility registry/traveler staff
use data throughout the year to
determine when staffing needs are
highest and establish strategies to
best support facility demand.
• Scaling back Executive Order provisions
and terminating provisions as they
cease to be necessary.
• Work with long-term care facilities
to provide technical assistance and
guidance regarding infection control
protocols.
• Issue an Innovation Award to urge the
development of low cost, effective
ways to improve indoor air quality via
improved filtration and air circulation
and develop standards for high-risk
settings.

What’s Next?
Governor Newsom proclaimed a State of Emergency based on the unprecedented threat of COVID-19 and its variants to the health and safety of all Californians. As we saw with the Omicron surge that is only now subsiding, COVID-19 is still very much with us. Through the state of emergency and limited number of executive orders that remain in effect, the state was able to act quickly and get millions of tests and PPE into the hands of our students and Californians across the state, expand vaccination efforts, and bolster our healthcare system capacity. The Governor will continue to assess the necessity of each open Executive Order provision and terminate provisions as they cease to be necessary. 18 California SMARTER| February 2022
We have come an incredibly long way since the earliest days of the COVID-19 pandemic, when doing more than a thousand tests in a day was an accomplishment of note. After nationwide challenges with supplies and collection strategies coalesced to eventually hamper California’s ability to track and respond to the first surge of cases in the summer and fall of 2020, we were the first and only state in the nation to build our own high-throughput testing laboratory.

The state has increased testing availability in communities at highest risk for contracting COVID-19 such as essential workers, those in congregate care settings, and communities of color. State facilities have performed more than 8.4 million tests on samples from a network of more than 4,700 specimen collection sites developed with churches, schools, clinics, essential workplaces and community-based organizations.

California laid the essential groundwork of building up testing capacity across our communities with more than 7,500 sites established and, over time, expanded to help keep us prepared to track COVID-19. This work created deeper and wider access to testing.

Roughly 65 percent of tests performed for PCR-only specimens are among racial minorities with 32 percent in the most disadvantaged neighborhoods based on the California Health Places Index (HPI) Quartile 1 and 26 percent in Quartile 2.

More than 4,800 schools have state-supported testing programs, nearly 200 OptumServe sites exist across California’s communities, and more than 2,800 community-based entities supported sites are offering antigen or PCR testing or both. Our understanding for how to use the various modalities of testing to help manage the pandemic has grown, as well.

Leveraging antigen tests as an additional tool has helped navigate the latest COVID-19 surge. We have procured and distributed over 33 million at-home COVID-19 antigen tests.

Our capacity on PCR testing has helped keep communities and families safe when the trajectory of the disease was uncertain, allowing us to identify early on those who are infected, even before they become symptomatic. During the Omicron surge, California used the testing groundwork of the last 20 months to keep our businesses open and our schools in person.

The effort to buy and distribute over 13 million at-home antigen tests for use by school staff and students during the recent return from winter break is in no small part the reason California has made up less than 1% of the nation’s overall school closures in January 2022, despite having 12% of the national student population. We also distributed at-home antigen tests to long-term care facilities and hospitals allowing us to keep residents safe and staff working as much and as safely as possible.

In addition to these school efforts, California demonstrated its capability to quickly scale up testing capacity at an unprecedented speed during the Omicron surge– deploying the California National Guard, expanding hours and access to testing sites, and ensuring 90% of Californians are within a 30-minute drive of a state sponsored or supported testing site.

California was the first in the nation to detect an Omicron variant case, largely due to our robust whole genomic sequencing network. COVIDNet is a statewide network of more than 40 partners across the state including local public health laboratories, academic centers, private, and commercial laboratories. Over 450,000 specimens have been sequenced in California, and between March -November 2021, at least 15% of positive COVID-19 samples per month have been sequenced. We have developed advanced bioinformatics capabilities to provide data visualization, dashboards at the state and county level, an alert system for monitoring detection of emerging variants, tools to inform outbreak investigations, and linkage between sequence and epidemiologic data that can further characterize variants and inform public health investigation and response.

TESTING
California SMARTER| February 2022 19
California will continue to prioritize testing, not only to get through the remainder of the current surge but also ensure we are ready to respond to new COVID-19 challenges down the road. Moving forward, these key efforts will position California to pivot and move in whatever way we are required:
• Maintain the ability to perform at least
500,000 tests per day - a combination of
PCR and antigen tests
• Ongoing procurement of additional athome tests with nearly 30 million more on order or already delivered;
• Ongoing expansion of testing sites in
the community and efforts to ensure
these sites are “built in” to the health
care delivery system already in place in
California; and
• Ensuring trusted community sites
and schools have the capability to
continue serving their communities with
convenient testing options.
• Provide greater clarity on the role
of testing, particularly in supporting
disease surveillance, supporting
isolation, and early identification of
the disease for patients who are most
likely to benefit from treatment and
therapeutics.
• Release a Request for Innovative Ideas
to pursue a public-private partnership
with a test manufacturer to disrupt
the testing market to drive down the
costs of at-home tests while securing
a reliable and timely supply chain for
California and leveraging existing state
assets.
• Continue the important genomic
surveillance testing, network, and
genomic epidemiology analysis for
SarsCoV2, and use the infrastructure
built to monitor evolving variants,
expand genomics for other infectious
diseases of public health significance,
and be prepared for the next
pandemic.

What’s Next?
20 California SMARTER| February 2022
California leads the nation in keeping children safely in classrooms. California has made up less than 1% of the nation’s school closures in the 2021-22 school year, despite educating over 12% of the nation’s students. This school year, we weathered two COVID-19 surges, all the while successfully prioritizing in-person instruction and the safety of students and staff. Hospitalizations for COVID-19 (including pediatric hospitalizations) and disruptions to in-person learning, although never inconsequential, have been substantially lower than in comparable states.

This is due to collective efforts of Californians to protect school communities. Roughly 1.3 million youth ages 5-11 have stepped up and received one dose and more than 1 million are fully vaccinated. Billions invested into school safety protocols. In the last two months, 28 million high-quality masks have been delivered to schools. Over 4,400 school-based COVID testing sites have been supported by the state at no cost and, in the last two months, more than 15 million at-home tests have been distributed to school communities.

California’s response to conditions in schools has adapted to the dynamic challenges of the pandemic, based on science and humility. Emerging evidence continues to suggest that the Omicron variant is milder than prior variants. That future variants will be similarly mild is neither inevitable nor predictable, and we must remember the lessons learned from the Alpha and Delta variants, both of which came after and were more deadly than the original strain.

As we collectively move beyond the Omicron surge, the next phase of mitigation in schools focuses on long-term prevention and preserves safe in-person schooling, which is critical to the mental and physical health and development of our children.

EDUCATION
California SMARTER| February 2022 21
The goal remains to preserve safe and in-person schooling. Presented below is a summary of mitigation strategies for K-12 schools. For additional information, please visit Safe Schools for All.
• Continue to promote childhood
vaccination efforts, including schoollocated events with sustained emphasis on ensuring equitable access to
COVID-19 vaccines. K-12 schools
should prepare for forthcoming vaccine
requirements which will help protect the
most vulnerable among us and keep
schools safe and classrooms open.
• Focus on improving indoor air quality
in schools to protect students and staff
against COVID-19 and many other
respiratory infections and sources of
unhealthy air, including emissions,
seasonal allergens and wildfire smoke.

California will continue to provide
guidance and technical assistance
to schools leveraging state and
federal funds to make cost-effective
improvements to ventilation and air
filtration systems.
• Emphasize tools, such as updated
group tracing guidance, so students
who are not ill can remain in school
and monitor for symptoms. Multilayered mitigation in K-12 schools, along with declining case rates and
improving community immunity, allow
for an ongoing transition away from
quarantining students. Evidence
demonstrates that students potentially
exposed to COVID-19 can remain
safely in-school when mitigation
protocols are followed.
• Continue to address the stigma and
trauma children have experienced
from this collective experience and
much more. $4.4 billion has been
devoted to improving mental and
behavioral health for California’s
children and youth, and a recent
partnership with the Child Mind
Institute on the launch of the
California Healthy Minds, Thriving Kids
Project to provide free, evidencebased resources for kids, educators and caregivers.
• Prepare for the eventual change to
universal school masking in schools,
which include ensuring equitable
access to vaccination, testing, and
individual protections for students,
families, and school staff. Universal
indoor masking has been the
cornerstone of the state and national
strategy to keep schools open.

The goal of such efforts remains to
preserve the sanctity and safety of inperson schooling. • Continue working with federal
partners to procure and distribute
COVID-19 tests to schools. As
resources allow, the state will also
support a transition toward increasing
use of over-the-counter (OTC) test
in school settings, with particular
attention to equity.
• Support outbreak investigations in
schools with state and local public
health resources through consultation
and deployment of testing and
vaccination resources.

What’s Next?
22 California SMARTER| February 2022
Throughout the COVID-19 pandemic we have utilized and benefited from all modes of managing the virus by embracing the value and impact of treatments for those who have been infected. We are home to some of the leading scientists and clinicians who helped develop therapeutics that are now available. Once these life-saving interventions became more widely available, California was an early partner with the federal government to stand up specialized infusion sites capable of delivering therapies to thousands of infected Californians, saving more lives through treatment.

At 25 state-supported sites, California has continued to ensure these resources are available to our communities, even when federal resources have been withdrawn. For every newly available medication or intervention, our clinical leaders work with local teams to ensure our distribution is led by equity and is efficient. We will always back the science but never fear early adoption and use of a lifesaving intervention. Moving forward, we will double down our collective work to have those who test positive start effective treatments quickly to spare burden on our health systems and, most importantly, reduce avoidable morbidity and mortality.

Just as we have disrupted the pricing of other medications, California will work to ensure lifesaving pharmaceuticals are not only available but also affordable. • Connecting those who test positive
for COVID-19 with the appropriate
clinical assessment and medication
supplier.
• Ensure allocations of effective
therapeutics are ordered within 48
hours by local entities.
• Leveraging technology and
telehealth specifically to accelerate
this work and save more lives. The
rapid expansion of virtual care and
telehealth tools in California throughout
the pandemic make the possibility of
linking treatments to eligible infected
individuals more likely.
• Continue to provide continuing
education and real-time information
to health care providers on new
therapeutics.

What’s Next?
RX
California SMARTER| February 2022 23
Building on Experience
State-Level Coordination
Under the leadership of the Governor’s
Office of Emergency Services, we activated
our response systems early on, working
closely with federal and local governments
on the initial repatriations of Americans
from Wuhan, China and the docking of the
Grand Princess in Oakland, and we have
maintained a significant infrastructure to
drive objective metrics and deliverables
throughout the pandemic. Using well
established emergency management
protocols, California’s State Operations
Center has been activated and managing
the pandemic for over two years.

Coordinated Response
Our public health response has evolved
throughout the pandemic. We began
with 61 loosely coordinated local health
jurisdictions moving at different speeds, with
different resources and different objectives.

Although localism is still determinative, there
is a connectedness and increased attention
to regional approaches across our state’s
counties that did not exist before.

Our efforts to augment and expand local
disease investigation and surveillance
capabilities have allowed the state to be a
leader in tracking the virus and its impacts.

The early investments in new information
technology systems and in staff training and
standardized reporting functions, allowed
us to transform a brittle set of disease
investigation tools into a robust system to
track and monitor transmission. Thousands
of state workers were recruited and trained
to support contact tracing efforts, ultimately
working at the community level to help slow
the spread of the virus. Additionally, the state
is increasingly using technology to leverage
automated notifications, such as CA Notify,
a free exposure notification system for
Over the last two years, California took action to keep people safe, and make investments that will continue to benefit our state into the future. Below are some additional changes and improvements the state has made since the initial outbreak of COVID-19. smartphones, to alert individuals if they have
been exposed to COVID-19. Finally, having
reported more than 143 million COVID-19
test results and more than 8 million COVID-19
cases, we have done more than any other
state. As a result, we have a foundation
and the infrastructure as we move into the
next phase of our surveillance and disease
tracking efforts, ensuring we can respond to
COVID-19 and outbreaks of other infectious
diseases.

Bringing together early efforts with
effective wastewater, hospital, and sentinel
surveillance, growing a whole genome
sequencing program along with local statesupported outbreak investigation efforts, anchored in an updated platform to report
and monitor trends, Californians should
feel confident in our state’s ability to see
what’s coming with as much clarity and
precision as possible. We also initiated data
modeling and advanced analytics through
the development of the California COVID-19
Assessment Tool or CalCAT, partnering with
academics and data scientists early in the
COVID-19 pandemic to inform projections
and policies, and invested in a team to
continue these efforts. Just as California
identified the first U.S. case of the Omicron
variant, our new statewide COVID-19
Assessment and Action Unit will bring
together the tools we have built to keep us
ready.

Hospital Surge
Over time, experience showed a better
approach was to increase capacity at
existing health facilities that leveraged
established core services and resources.

Following this model and based on a hospital
burden score that looks at a composite of
measures to assess hospital need, the state
currently supports 31 surge hospitals and six
surge skilled nursing facilities. The state has
24 California SMARTER| February 2022
also funded the expansion of beds with state
funded staff, adding more than 1,200 new
surge beds throughout the state. There are
also 22 state-supported ambulance patient
offload programs, helping emergency
departments accept patients more quickly,
allowing ambulances back into communities.

In total, there are currently over 3,500 staff
deployed to 217 facilities statewide and over
28,000 staff have been deployed throughout
the pandemic to over 800 health care
facilities.

Recognizing the tremendous toll the
pandemic has had on California’s health
care delivery system and incredible health
care workers, the Governor’s 2022-23
Budget proposal has proposed a $1.7 billion
investment to further build up our health
and human services workforce. Ensuring
we have a diverse and well-trained health
and human services workforce to serve and
support Californians has been a state priority
well before COVID-19. But now more than
ever, the need to make these investments, to
support maintaining nation-leading nurse-topatient ratios and ensuring protections of our workforce so they can thrive at work and in
their communities, will remain top of mind for
the foreseeable future.

Communications and Community
Partnerships
At the beginning of the pandemic, we
launched the Your Actions Save Lives
campaign, which has served as the umbrella
for the state’s pandemic communications
initiatives. We primarily leveraged in-kind
donations, engaged influencers, and
partnered with philanthropy. As we built up
our infrastructure, we recognized directly
communicating with Californians was a
critical pillar in our overall response. We
invested in community outreach, that has
included direct appointment and referral
assistance, and public education.

As a result, we built a web of
communications efforts throughout the
pandemic to educate Californians about
complex public health guidance and
interventions and help citizens understand
the overall goals in managing the virus
and how to best use the tools to mitigate
its spread. Despite the rapidly evolving
nature of the pandemic response, our
consistent messaging framework has been
that California is prepared and will take
necessary actions to save lives. Leveraging
the infrastructure of the State’s 2020 Census
outreach effort, we were able to quickly
build a model that centered most of our
communications approaches around
community engagement and focused on
issues of equity.

Leading this effort is the Vaccinate ALL 58
campaign, which has engaged more than
700 community-based organizations in
partnership with philanthropy and dozens
of Community Ambassadors. Additionally,
the campaign has partnered with over 250
ethnic media outlets and utilized innovative
tactics to meet people where they are, in
the language they speak. The campaign
has proactively engaged other state
departments and agencies, truly taking a
whole-of-government approach. All of these
efforts have supported our commitment and
proactive approach to tackling mis- and disinformation.

Overall, the community engagement
efforts have led to California successfully
implementing masking efforts in a wide
variety of settings to reduce transmission
of the virus, closing equity gaps in the
administration of vaccines with nearly 75%
of eligible Californians fully vaccinated,
and supporting the most robust testing
program in the nation, which averaged
half-a-million tests per day during the
height of the Omicron surge. The future
approach to communications and
community engagement will advance
existing efforts, focus on keeping immunity
high and promote the most effective use of
masking. An added focus will be on the role,
availability and benefits of timely treatment
options, especially for those at highest risk
for serious complications and death from
COVID-19 infections. The overall focus will
continue to be on equity and investing in
California SMARTER| February 2022 25
communications and deepening community
engagement.

The approach of leaning on our local
partners through ongoing direct investments
into hundreds of community-based
organizations, which support and advance
our public health preparedness and response
efforts, will be supported through the newly
proposed Office of Community Partnership
and Strategic Communications. The
proposed new Office will continue to build
upon the data driven and equity centered
approach and offer a centralized state entity
to support coordination and collaboration
across state government and philanthropy.

These investments will support the important
community role in advancing public health,
among other things, and be critical to our
future success. In the end, California will not
shy away from focusing in on the simple, well
understood actions that make the biggest
difference. Communicating these messages
simply, clearly, and consistently will continue
to be our north star.

Protecting Workplaces
We took early actions to make our
workplaces safer. Through executive action
we ensured that qualified workers receive
the care and support they need through
worker’s compensation benefits if they
contracted COVID-19 at work. We took this
same approach to allow our most vulnerable
workers to take time off when sick from
COVID-19. We partnered with the Legislature
to codify these policies into statute.

To inform employers about new laws and
workers about their rights, we developed
training and workshops, including resources
such as a model COVID-19 Prevention Plan,
workplace postings, and infographics. Over
55,000 employers were reached through
these activities. Our approach leveraged
technology to make information more
accessible, including an online Training
Academy for employers and workers to
access video and written training materials
and an online wage claim portal to ensure
workers are compensated for taking their
paid sick leave.

Worker and Workplace Outreach and
Education
Given the increased risk to workers in
essential industries, we developed the
Safer at Work Campaign to assist workers
and employers in better understanding
and implementing the workplace health
and safety and paid sick leave laws.

This included a public awareness media
campaign, outreach funding to more than
70 community-based organizations, and
development of innovative navigator tools
to simplify access and understanding of the
laws and rules developed in response to
the pandemic. Ultimately, this campaign
reached over 20 million individuals
through radio, programmatic display and
social media. Through the community
engagement effort, we reached over a
million workers in interactive engagements,
such as training, meetings, phone calls, and
canvassing.

Through the Reaching Every Californian
campaign we partnered with community
organizations, schools and legal service
providers to offer more than 70 outreach
presentations for workers in high-risk sectors
on sick leave for COVID-19. Through the
Workplace Rights Ambassador Project, which
seeks to build a bridge to disenfranchised
and vulnerable workers, we partnered with
community organizations to provide in-depth
training and support to community leaders
(promotoras) to educate their members
about sick leave and assist them in exercising
their rights. Through our Business Engagement
Program, we held dozens of web-based
trainings and reached tens of thousands of
employers with information on workplace
laws.

Our Farmworker Rights Caravans partnered
with community organizations to take
an audiovisual message in Spanish and
indigenous languages on worker protections
directly to the fields in thirteen counties.

The Caravans also reached farmworkers and
their families in community gathering places
26 California SMARTER| February 2022
and at COVID-19 testing and vaccination
clinics. Nearly 8,000 farmworkers were
reached. We also ensured employers in this
sector had the information they needed
to comply with the law by communicating
regularly and holding in-person meetings
with dozens of growers and contractors
around the state. Through media outreach
for the Farmworker Rights Caravans, we
reached over 5.7 million views of messaging
in targeted agricultural regions.

Long-Term Care Facilities
By mid-year 2020, nursing homes had
become ground zero for the pandemic. Two
key factors coalesced to create a high-risk
environment for infections and ultimately
high morbidity and mortality: (1) facility
residents are among our community’s most
vulnerable and at-risk populations due
to their often older age and underlying
chronic conditions and (2) the congregate,
communal, nature of the facilities themselves
with the variable degrees of infection control
between staff and residents. Like the rest
of the nation, California experienced a
sweeping spread of COVID-19 in nursing
homes. However, an immediate and intense
focus on reducing the risk for residents
of nursing home and other congregate
care facilities quickly led to numerous
changes and interventions: infection control
standards were increased and supported
through technical assistance; staff were
augmented and trained to do their jobs
with a focus on minimizing transmission
primarily by advancing more protective,
standardized and universally applied use of
PPE; state initiated programs like Hotels for
Health Care Workers launched to provide
staff an opportunity to avoid broader
community mixing and better personnel
and resident protections; California invested
in creating data platforms to better track
testing, infections, PPE supplies and monitor
compliance with infection control measures.

Together, California’s facilities made
accelerated improvements that have
remained and been improved. These
tools that focus on the needs of long-term
care residents and facilities must also be
examined through higher level improvements
in our overall expectations of nursing homes
and their operators. While there is certainly a
need to stabilize and preserve our capacity,
we must also push for transformations in how
the facilities are supported and monitored.

California will continue to work with partners
across the state to maintain our advantage
over the virus in long term care facilities while
remaining prepared for potential challenges
that soon may emerge.

Veterans Homes
Additionally, California’s eight Veterans
Homes reacted very quickly and were
well-prepared to respond to the COVID-19
pandemic. This approach was characterized
by early action; proactive infection control
practices; strong coordination throughout
the system; and excellent teamwork at
all levels – including with local, state, and
federal partners. CalVet took key steps prior
to and early on in the pandemic, including
updating infection control protocols used for
a severe flu season and restricting visitations
even before the stay-at-home order went
into effect.

Over the last two years, the Veterans Homes
have adapted rapidly as circumstances,
guidance, and requirements have evolved
and has received national recognition
for their efforts. Staff and residents of the
Veterans Homes have been instrumental in
these efforts, which is evident in their high
rates of vaccination. As of February 7, 2022,

94.5% of residents and 89.8% of staff are fully
vaccinated, and 94.5% of residents and

70.3% of staff have received a booster shot.

Ventilation
California’s public health leaders recognized
early on that COVID-19 is an airborne
pathogen that spreads readily indoors
when air circulation is not optimized. This
understanding guided our actions since the
earliest days of our response. This fact drove
many efforts, including regulatory relief for
businesses, to encourage Californians to
meet, dine and play outdoors; to keep a
door open and windows up to help circulate
fresh air indoors.

California SMARTER| February 2022 27
Over the course of the last 15 months,
Californians have come together to make
innovative improvements to indoor air
quality in several settings. For example,
many restaurants made investments in air
circulation and filtration by upgrading HVAC
filters, windows and doors remained opened
to freshen air more regularly and effectively
across a host of small and large businesses,
and many schools used COVID-19-related
funding to invest in inexpensive, but
effective, devices to improve the circulation
and filtration of air in classrooms and other
spaces protecting staff and students. The
pandemic has taught us that improvements
to air quality do not always require massive
infrastructure investments or take years
to implement. There are cost effective,
immediate tools available. Californians also
spent a great deal more time outdoors,
enjoying the fresh air and nature.

Emergency Response
Governor Newsom proclaimed a State of
Emergency based on the unprecedented
threat of the COVID-19 pandemic to the
health and safety of all Californians. Of
the 561 Executive Order provisions issued
throughout the course of the pandemic
response, fewer than 15% remain
operative.

These open provisions ensure continued
flexibility from statutory or regulatory
requirements that remain critical to support
our ongoing COVID-19 response, for
example, ensuring hospital and medical
staffing in the face of the Omicron surge,
maintaining the State’s robust testing
program, waivers of state contracting rules
to ensure quick access to critical masks and
test kits, and maintaining effective workplace
safety standards. None of the operative
provisions directly impact or restrict the
activities of the general public.

As one specific example, without the state
contracting flexibility, California would have
been unable to move swiftly to procure
the more than 13 million home test kits
distributed to county offices of education
across the state in December and early
January to support the safe return to inperson learning as students returned from winter break. Likewise, other provisions
ensure that the home addresses of public
health officials remain confidential amidst
unprecedented personal threats to these
public servants and direct that the California
Office of Emergency Services can utilize state
fairgrounds and other property as needed to
support the ongoing pandemic response.

The foregoing examples illustrate why
maintaining the State of Emergency and
keeping certain Executive Order provisions
in place was critical to getting through the
Omicron surge and remains critical to our
ongoing response in the immediate term.

Nonetheless, the Governor will continue to
assess the necessity of each open Executive
Order provision and terminate provisions as
they cease to be necessary.
28 California SMARTER| February 2022
Investments to Fight COVID-19
California has led the nation’s fight against COVID-19, implementing first-in-the-nation public health measures that have saved tens of thousands of lives. The state has administered over 70 million vaccinations and boosters and has maintained one of the lowest death rates among large states.

Last year’s budget appropriated $1.7 billion to fight against COVID-19. Now, Governor Newsom’s $3.2 Billion Emergency Response Package will protect Californians by continuing that fight, focusing on keeping our schools open and our economy moving. The package includes $1.9 billion in funding that has already been approved to immediately equip California’s health care system with supplies and staffing.

Bolster Testing
• Expand hours and capacity at testing
sites throughout the state to help slow
the spread of the virus.
• Distribute millions of COVID-19 antigen
tests to local health departments,
community clinics and county offices of
education and schools.
• Support the state’s testing facilities,
including specimen collection and
expanding capacity in order to meet
demand.
• Assist state departments in testing their
staff and congregate populations.

Getting more Californians Vaccinated and Boosted
• Continue the “Vaccinate all 58”
public education campaign to
provide reliable information and build
vaccine confidence while combating
misinformation, all of which is in
partnership with 250 ethnic media
outlets.
• Maintain a robust community outreach
and direct appointment assistance
campaign by conducting door-todoor canvassing, phone banking and texting with over 700 CBOs and
community partners in partnership with
philanthropy.
• Support in-home vaccination and
testing programs and transportation
arrangement, for those unable to
travel, to meet Californians where
they’re at.
• Provide free transportation to
vaccination appointments throughout
the state to help get more Californians
vaccinated and boosted.

Support Our Frontline Workers and Health Care Systems
• Support and distribution of critical personnel resources for health care systems to help protect frontline workers, patient care and hospital surge capacity as well as additional staffing for vaccination sites.

Maintain State Response Operations
• Enhance the state’s emergency response and public health capacities, including staffing and information technology at California Department of Public Health, Office of Emergency Services and Emergency Medical Services Authority.

California SMARTER| February 2022 29
Support Mutual Aid, Bolster Public Health Investigation Efforts, Procure Personal Protective Equipment
• Provide mutual aid to support local governments.
• Continue statewide priority public health investigation activities to help keep Californians safe and slow the spread.
• Procure additional personal protective equipment, including children’s N95 and surgical masks, and other durable equipment
The Governor’s Comeback Plan (2021 Budget Act) and the Governor’s Blueprint (2022-23 Budget proposal) present a once-in-a-generation opportunity to equitably improve the lives of All Californians, by investing in programs and services that are designed to lift all boats, but especially those which need to be lifted higher. The Comeback Plan provided us an opportunity to invest in programs and efforts that deepen our focus on the whole person while also promoting equity across all facets of society in response to challenges COVID-19 laid bare.

The Governor’s Blueprint provides the opportunity to make additional bold investments to protect our most vulnerable communities—such as providing housing for individuals with serious behavioral health conditions who are experiencing homelessness — and to make investments that will address the upstream causes of health and human services needs in communities that have been deeply impacted by COVID-19—such as building up our public health infrastructure.

As we move forward, we will leverage the multiyear investments made to build up and strengthen the foundations of a Healthy California for All.

This January marked two years since we worked with the federal government to welcome the first flight of 221 U.S. citizens and diplomats who were being repatriated from Wuhan, China into California due to the emergence of a Novel Coronavirus that rapidly spread, infecting hundreds in a matter of days.

In hindsight, this gave us some early insights into the initial behavior of the virus, provided us with early data on secondary exposure, and gave us the opportunity to understand the non-pharmaceutical interventions (e.g., masking and physical distancing) that could help mitigate the spread of the virus.

Two years later, we are continuing to iterate on our response and learn about the evolving behavior of the virus. The initial days taught us to be nimble and humble. This is true now more than ever before. California has been a state that learns fast and adapts. It is in our DNA and will guide us moving forward.

Conclusion
30 California SMARTER| February 2022
COVID19.CA.GOV
Your Actions Saves Lives

February 28, 2022
TO:

SUBJECT:

TOMÁS J. ARAGÓN, M.D., Dr.P.H.

State Public Health Officer & Director

GAVIN NEWSOM
Governor
State of California—Health and Human
Services Agency
California Department of
Public Health
All Californians
Guidance for the Use of Face Masks
Related Materials: Face Coverings Q&A | Face Coverings Fact Sheet (PDF) | Face Mask Tips and Resources | Face Shields Q&A (PDF) | Safe Schools for All Hub | More Home & Community Guidance |All Guidance | More Languages Updates as of February 28, 2022:

Effective March 1, 2022 , the requirement that unvaccinated individuals mask in indoor public settings will move to a strong recommendation that all persons, regardless of vaccine status, continue indoor masking.

Universal masking shall remain required in specified high-risk settings.

After March 11, 2022, the universal masking requirement for K-12 and Childcare settings will terminate.

CDPH strongly recommends that individuals in these settings continue to mask in indoor settings when the universal masking requirement lifts.

Guidance For the Use of Masks
Background
California has used science to guide our health protection strategies throughout the pandemic. Data show that because of these strategies, we have saved lives. COVID-19 cases and hospitalization continue to decline across the state. Since February 14, cases have declined by 66% and hospitalizations have declined by 48%. This is due in large part to the collective efforts of Californians to get vaccinated, get boosted, and wear masks indoors.

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 and protect critical healthcare system capacity during the highly infectious Omicron surge. Since the peak in case rates during the Omicron surge in early January 2022, the dramatic surge in cases and hospitalizations due to the highly infectious Omicron variant over the last two months has declined significantly. Californians have also become increasingly knowledgeable about how to protect themselves and their loved ones with effective masks when there may be risk of COVID-19 exposure or transmission. Accordingly, CDPH amended this masking guidance to allow 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. 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. As a state, we need to remain vigilant.

Accordingly, effective March 1, 2022, the requirement for unvaccinated persons to mask in indoor public settings and businesses is being replaced by a strong recommendation that all persons, regardless of vaccination status, continue to mask while in indoor public settings and businesses.

As we've shown in our SMARTER Plan, masks, especially those that offer the best fit and filtration (e.g., N95s, KN95s, KF94s), remain a critical component of our multi-layered approach for protection against COVID-19 infection. 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]. Masks also remain a critical component for protecting those that are most vulnerable in our communities, including the unvaccinated, the immunocompromised, or those at risk for severe disease and illness.

Throughout this pandemic, 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 COVID-19 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]. Current projections show that statewide, the declines we are seeing in cases and hospitalizations will continue. Accordingly, after March 11, 2022, the universal masking requirement for K-12 and Childcare settings will terminate. CDPH strongly recommends that individuals in these settings continue to mask in indoor settings when the universal masking requirement lifts. Masking will continue to be an important layer of protection along with the continued recommendations around vaccinations, testing and ventilation, to keep schools a safe environment, even as case rates and hospitalizations decline.

CDPH is maintaining the masking requirements in specified high-risk settings, consistent with CDC recommendations. This allows us to continue protecting our most vulnerable populations and the workforce that delivers critical services in these settings.

Finally, CDPH is maintaining the requirement that businesses and venue operators, including K-12 school and childcare settings, must allow any individual to wear a mask if they desire to.

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

Local health jurisdictions and entities may continue to implement additional requirements that go beyond this statewide guidance based on local circumstances.

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

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.

Indoors in K-12 schools[6], childcare[7] (through March 11, 2022)* 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) Emergency[8] shelters and cooling and heating centers[9] Healthcare settings[10] (applies to all healthcare settings, including those that are not covered by the State Health Officer Order issued on July 26, 2021)**
State and local correctional facilities and detention centers[11] Homeless shelters[12]
Long Term Care Settings & Adult and Senior Care Facilities[13] *After March 11, the universal masking requirement for K-12 and Childcare settings will terminate. CDPH strongly recommends that individuals in these settings continue to mask in indoor settings when the universal masking requirement lifts. For additional information on types of masks for children, the most effective masks, and ensuring a well-fitted mask, individuals should refer to CDPH Masks for Kids: Tips and Resources. **In certain healthcare situations or settings surgical masks are required. See State Health Officer Order, issued on July 26, 2021, for a full list of high-risk congregate and other specifically enumerated healthcare settings where surgical masks are required for unvaccinated workers. The Order also includes 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.

Additionally, masks are strongly recommended for all persons, regardless of vaccine status, in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public). Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are highly recommended.

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 strongly recommended, businesses, venue operators or hosts should consider:

Providing information to all patrons, guests and attendees regarding masking recommendations for all persons, regardless of vaccine status.

Providing information to all patrons, guests and 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].

Requiring all patrons to wear masks, especially when risk in the community may be high, or if those being served are at high-risk for severe disease or illness.

Requiring attendees who do not provide proof of vaccination to enter indoor Mega Events to continue masking during the event, especially when not actively eating or drinking.

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-Feb22 3/31/2020 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 2/28/2022 Difference WATER $155,942 $463,170 $470,677 $503,738 $481,955 $543,626 $602,471 $559,589 $618,746 $667,294 $694,291 $747,471 $591,529 SEWER 171,185 283,873 305,374 292,298 282,188 300,471 320,062 331,194 334,051 366,171 389,803 398,855 227,670 REFUSE 155,172 253,119 273,951 262,133 248,199 267,486 282,828 297,209 295,806 322,769 342,859 341,901 186,729 $482,299 $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 $1,488,227 $1,005,928

AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF AS OF ESTIMATED PENALTIES 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 2/28/2022 WATER $136,401 $138,598 $145,220 $132,986 $147,937 $145,259 $145,534 $163,842 $186,404 $203,355 $222,184 SEWER 75,827 84,055 79,686 73,592 78,818 77,245 83,940 88,486 99,398 109,316 112,388 REFUSE 68,561 75,935 71,125 65,677 70,806 68,894 75,323 78,977 87,793 95,999 95,623 $280,789 $298,589 $296,032 $272,256 $297,561 $291,399 $304,797 $331,304 $373,595 $408,670 $430,194 TOTALS $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 $1,918,421

CITY OF PORTERVILLE

UTILITIES

PAST DUE BALANCES
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 14, 2022, or such time the Council adopts a subsequent Resolution in accordance with Government Code section 54953 (e)(3) to extend the time during which the legislative bodies of City of Porterville may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED, AND ADOPTED this 15th day of March, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk