Porterville City Council
April 19, 2022

City Council Agenda April 19, 2022

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
APRIL 19, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, and in an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville - City Council Meeting of April 19, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83197864437?pwd=eXRTazViWTRlRTNtREJ6T0xiUEZLZz09 Or via Telephone: 1-669-900-6833 Webinar ID: 831 9786 4437 Passcode: 080928 Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville Peace Officers Association, Management & Confidential Series, Porterville City Employees Association, Public Safety Support Unit, Porterville City Firefighters Association, Fire Officer Series, and all unrepresented management employees.

2 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Reyes Soto v. California Department of Transportation et al., Sacramento County Superior Court, Case No. 34-2022-00316708-CU-PO-GDS.

3 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Eight (8) cases in which facts are not yet known to potential plaintiff.

4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case.

City Council Agenda April 19, 2022

6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON

REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Mayor Martha A. Flores
Invocation

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3. 1 - Tule River Improvement Joint Powers Authority (TRIJPA) - April 4, 2022 2 - Local Initiatives Navigation Center (LINC) Committee - April 6, 2022 3 - Eastern Tulare Groundwater Sustainability Agency (ETGSA) Board - April 7, 2022 4 - Tulare County Association of Governments (TCAG) - Tule River Tribe ATP Plan Reservation Walking Audit - April 8, 2022
5 - TCAG California Transportation Commission Town Hall - April 13, 2022 6 - Casino Relocation Committee - April 14, 2022
7 - Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - April 18, 2022
8 - Tulare County Regional Transit Agency (TCRTA) - April 18, 2022

REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - April 7, 2022

2. Library & Literacy Commission - April 12, 2022

3. Arts Commission

4. Animal Control Commission

5. Youth Commission - April 13, 2022

6. Transactions and Use Tax Oversight Committee (TUTOC) City Council Agenda April 19, 2022

II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - March 2022

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Authorize Purchase of Bookends for the Temporary Library Re: Consideration to authorize the purchase of bookends for the temporary library from Demco utilizing fire insurance funds in the amount of $6,600.00 plus the applicable sales tax.

2. Authorization to Advertise for Bids - Animal Shelter Re: Consider approval of staff's recommended Plans and Project Manual for the Animal Shelter Project; authorize staff to advertise for bids on the project; and authorize the Finance Director to appropriate $4,850,000 from ARPA funds, $500,000 in Land Sale Revenue, $1,300,000 from Donations, $300,000 from Local Transportation Funds, and up to $550,000 in Measure R Alternative Transportation Funds, to fully fund the project.

3. Request for Approval to Enter into an Agreement with Charter Communications for Fiber Internet Service
Re: Consideration to authorize staff to enter into an agreement with Charter Communications to provide 200 Mbps fiber internet service for a term of three years at a total cost of $64,728.00.

4. Selection of On-Call Engineering and Surveying Services Consultants Re: Consideration to authorize staff to negotiate on-call contracts for engineering services with 4Creeks, Inc., Dee Jasper & Associaties, Inc., and Quad Knopf, Inc. (QK); and negotiate on-call contracts for surveying services with 4Creeks, Inc., Dee Jasper & Associates, Inc., QK, and Diversified Project Services International (DSPI).

5. Reimbursement Shared Drive Approach - 99 W. Putnam Avenue (Formerly 215 N. D Street)
Re: Consideration to approve the reimbursement to Sequoia Imaging Group in the amount of $8,925 from Miscellaneous Concrete Funds.

6. Fallen Heroes Memorial Wall
Re: Consideration to adopt the draft Fallen Heroes Memorial Wall Policy.

7. Intent to Set a Public Hearing to Consider Annual Adjustment of Fees by Application of the Engineering News-Record Cost Index
Re: Consideration to set a Public Hearing for June 21, 2022, for consideration to implement the City's Impact Fee consistent with the ENR Cost Index.

8. Community Civic Event - Bethel Assembly of God - Blessings of Liberty Freedom Rally - April 23, 2022
City Council Agenda April 19, 2022

Re: Consider approval of the Community Civic Event application from Bethel Assembly of God for a permit to hold the "Blessings of Liberty Freedom Rally" on April 23, 2022.

9. Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
Re: Consider adoption of a draft Resolution consistent with AB 361 to continue to allow remote attendance at public meetings.

10. Status and Review of Local Emergency: Drought
Re: Considering approval of the continuance of the Declaration of Local Emergency.

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible

PUBLIC HEARINGS

11. Community Development Block Grant Substantial Amendment to the 2021/2022 Action Plan
Re: Consider adoption of the draft Resolution approving the proposed Community Development Block Grant Substantial Amendment to the 2021/2022 Action Plan.

12. Community Development Block Grant 2022-2023 Action Plan Re: Consider the adoption of a draft Resolution approving the 2022/23 Action Plan for use of CDBG entitlement funds.

SCHEDULED MATTERS

13. Resolution and Letter of Support for Tule River Tribe Water Settlement Legislation Re: Consideration of a draft Resolution and Letter of Support for the Tule River Tribe Water Settlement legislation.

14. Tulare County Association of Governments Public Transit Representative Re: Consideration of nomination(s) to the Council of Cities for the positions of Public Transit Representative and/or Alternate on the TCAG Board of Directors.

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of May 3, 2022
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the City Council Agenda April 19, 2022

Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: 1. Water Conservation Phase IV Status Update - March 2022 SOURCE: Public Works
COMMENT: Information Only
RECOMMENDATION: The City has continued to implement an active water conservation approach, both conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of December 1, 2021. The Water Conservation Plan applies to all municipal water users within or outside city limits.

The Phase III plan limits outdoor watering to two days per week, with "odd" addresses allowed watering on Tuesday and Saturday and "even" addresses allowed watering on Wednesday and
Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday, Thursday or Friday. Watering of outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 of an inch.

The Phase IV plan limits outdoor watering to one day per week, with "odd" addresses allowed watering on Saturday and "even" addresses allowed watering on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday through Friday. Watering of outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 of an inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day in which the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will be responding to enforcement by issuing a Notice of Violation for all witnessed occurrences and staff will be processing all reported issues. Enforcement statistics for the month of March 2022 show that a total of eight notices of violation were issued for water wasting, and one Administrative Citation was issued.

Water production for March 2022 shows a seventeen percent (17%) increase from the 5-year average. The monthly production for March was 220 million gallons, which is a five percent (5%) increase in comparison to the monthly production for March 2013 of 209 million gallons. Residential consumption for March 2022 was 82 gallons per capita per day (GPCD).

Compliance with individual water supplier conservation
requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will be evaluating conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013; and 2) Calculate cumulative conservation totals in relation to GPCD, in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total of production for the City of Porterville's conservation efforts will reflect June 2015 through March 2022. Porterville's cumulative total production conservation through March 2022 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will reflect June 2015 through March 2022. Porterville's cumulative total GPCD conservation through March 2022 is twenty-four percent (24%).

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twentyeight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts to water supplies, the City of Porterville Council approved maintaining a self-imposed standard of twenty-six percent (26%). The
continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the
requirements of the Sustainable Groundwater Management Act (SGMA).

The State Water Board continues to require monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed into effect Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to extended excessive drought conditions. Water production for the city system shows an eight percent (8%) increase from March 2021 to March 2022.

ATTACHMENTS: 1. Monthly Production Status March 2022

2. Monthly Production Status GPCD March 2022

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through March 2022 Production Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through March 2022 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.

As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING

MONDAY THROUGH
FRIDAY.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.

OR
Item No. 1.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Authorize Purchase of Bookends for the Temporary Library SOURCE: Parks and Leisure Services
COMMENT: Preparations for the opening of the temporary library located at 50 W. Olive Avenue, Suite B continue to progress. The furniture for the temporary library has arrived and is in the process of being installed. After installation, staff will initiate getting the startup collection shelves ready. At this time, staff have identified that bookends are necessary for proper shelving of materials and must be implemented. Attached is the quote received from an ongoing library vendor to the City, Demco, for 1,100 bookends in the amount of $6,600. Demco was the only vendor contacted by staff who had the requested quantity of bookends in stock.

RECOMMENDATION: That the City Council authorize the purchase of bookends for the temporary library from Demco utilizing fire insurance funds in the amount of $6,600.00 plus the applicable sales tax.

ATTACHMENTS: 1. Demco Quote
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager

Item No. 2.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Authorization to Advertise for Bids - Animal Shelter SOURCE: Engineering and Project Management
COMMENT: At its meeting on October 5, 2021, the City Council authorized staff to advertise for bids for the Animal Shelter Project. The original bid package included the remodel of an existing building to create an Animal Shelter at 185 N. D Street.

The project was bid as a whole and included frontage improvements along D Street and detailed four deductive alternate components to the project; these are items that could be removed from the project award if there were budget constraints created by higher than anticipated bids. The proposed trail section adjacent to the Animal Shelter property will be designed and constructed separately as part of the Butterfield Stage Corridor Active Transportation Program (ATP) grant project. This project location required hazardous materials remediation, which was previously approved and accepted by the Council. Staff received a single bid for the project that the Council opted to reject as the breakdown of the base portion of the bid (the overall project minus the deductive alternates and D Street improvements) was significantly higher than the consultant's estimate; the consultant's estimate was $4,393,142.30 and the bid was $6,650,850.

With Council approval, staff has since modified the plans and the bid breakdown to only include two deductive alternates with the other two previously listed deductive alternates becoming part of the base bid. The consultant's estimate of probable cost for the total project (including deductive alternates) is $6,636,400. An additional $663,600 is necessary for construction contingencies (10%). It is anticipated that an additional $200,000 is required for construction management, quality control, and inspection services for a total estimated project cost of $7,500,000. The total estimate of probable cost for the individual project areas are as follows:

Bid Part: Estimate: Contingency: Management: Total:

Base Bid $5,750,000 $575,000 $175,000 $6,500,000
Dog Park $500,000 $50,000 Incl. in Base $550,000
Alternate #1:

Adoption
Rooms
$45,500 $4,500 Incl. in Base $50,000
Alternate #2:

Lobby,
Grooming,
Meet & Greet,
Cat Room,
$90,900 $9,100 Incl. in Base $100,000
Item No. 2.

Crate Room
D Street Imp. $250,000 $25,000 $25,000 $300,000
Totals $6,636,400 $663,600 $200,000 $7,500,000
Proposed funding for the project includes $4,850,000 in funding from the American Rescue Plan Act (ARPA), $500,000 from Land Sale Revenue, $1,300,000 in Donations, $300,000 in Local Transportation Funds (LTF) for the D Street Improvements, and up to $550,000 in Measure R Alternative Transportation (AT) Funds for the dog park portion of the project to fully fund the project.

RECOMMENDATION: That City Council:

1. Approve staff's recommended Plans and Project Manual;

2. Authorize staff to advertise for bids on the project; and

3. Authorize the Finance Director to appropriate $4,850,000 from ARPA funds, $500,000 in Land Sale Revenue, $1,300,000 from Donations, $300,000 from LTF, and up to $550,000 in Measure R AT Funds, to fully fund this project, including all alternates.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Mill Ave
Cherry Ave
Oak Ave
Division St
Cleveland Ave
Willow Ave
E
St
D
St
Putnam Ave
H
o
ckett St
M
ain
St
Porterville Animal Shelter
185 North D Street
Project Locator Map
Project
Location
Item No. 3.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Request for Approval to Enter into an Agreement with Charter Communications for Fiber Internet Service
SOURCE: Finance
COMMENT: The Finance Department - Information Technology Division requests approval to enter into an agreement with Charter Communications for fiber internet service to connect the Public Safety Station and Field Services campus to the City's datacenter. We currently use Charter’s virtual wide area network (WAN) product for direct connection to the City's datacenter switches for seamless integration. Those locations have outgrown the current bandwidth of fifty (50) megabits per second (Mbps). Staff would like to scale to 200 Mbps symmetrical connections. Charter Communications' internet connection guarantees network uptime of 99.95%.

Charter Communications provided a quote of $899 per month for thirty-six (36) months for each 200 Mbps fiber internet connection to the Public Safety Station and Field Services campus, for a total contract cost of $64,728. The cost will be split between Measure H for the Public Safety Station and the Public Works Divisions' operating funds.

RECOMMENDATION: That the City Council authorize staff to enter into an agreement with Charter Communications to provide 200 Mbps fiber internet service for a term of three years at a total cost of $64,728.

ATTACHMENTS: 1. Fiber Internet Quote
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 4.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Selection of On-Call Engineering and Surveying Services Consultants SOURCE: Engineering and Project Management
COMMENT: At its meeting on February 15, 2022, the City Council authorized the distribution of a Request for Qualifications (RFQ) to develop an on-call list for Engineering and Surveying Services. On April 5, 2022, staff received four Statements of Qualifications (SOQs) for consideration in the creation of the oncall engineering and surveying services list. The SOQs were evaluated and ranked in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services" adopted by the City Council (Resolution #16-2001) and it was determined that all four SOQs qualify to be included on the on-call list to provide surveying services but only three SOQs qualify to be included on the on-call list to provide engineering services. The proposed contract has a term of up to five years; an initial three years with two possible one-year extensions. Staff reviewed the four SOQs provided by the firms wherein they were rated according to the aforementioned policy, with the following results:

On-Call Engineering Services Consultants
(1) 4Creeks, Inc 93 pts
(2/3) Dee Jaspar & Associates, Inc. 92.6 pts
(2/3) Quad Knopf, Inc (QK) 92.6 pts
On-Call Surveying Services Consultants
(1) 4Creeks, Inc 93 pts
(2/3) Dee Jaspar & Associates Inc. 92.6 pts
(2/3) Quad Knopf, nc (QK) 92.6 pts
(4) Diversified Project Services International (DPSI) 84 pts Staff is pleased with the level of interest in this RFQ and the quality of the SOQs received. Staff recommends negotiating a contract with each of the three firms listed and qualified to provide engineering services, and each of the four firms listed and qualified to provide surveying services.

RECOMMENDATION: That the City Council:

1. Authorize staff to negotiate on-call contracts for engineering services with 4Creeks, Inc., Dee Jaspar & Associates, Inc., and Quad Knopf, Inc (QK);

2. Authorize staff to negotiate on-call contracts for surveying services with 4Creeks, Inc., Dee Jaspar & Associates, Inc., Quad Item No. 4.

Knopf, Inc (QK), and Diversified Project Services International (DPSI);

3. Authorize the Mayor to sign contract agreements;

4. Authorize the Engineering & Project Management Director to sign task orders; and

5. Authorize staff to make payments up to one hundred percent (100%) upon satisfactory completion of tasks.

ATTACHMENTS: 1. Resolution No. 16-2001
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

Item No. 5.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Reimbursement Shared Drive Approach - 99 W. Putnam Avenue (Formerly 215 N. D Street)
SOURCE: Engineering and Project Management
COMMENT: The developer of the California Medical Imaging Center tenant improvement project (99 W. Putnam Avenue) is requesting reimbursement for half the cost of the replacement of an existing drive approach for ADA compliance on D Street south of Putnam Avenue. The developer was required to replace the drive approach as a condition of permit approval, but the drive approach has a recorded access easement between 185 N. D Street, which is a City-owned property and the planned location of the City's new Animal Shelter.

The developer has submitted a proposal from Valley Oak Contractors in the amount of $17,850. Staff and the developer agree that the amount is acceptable and staff recommends the approval of reimbursement for the work in the amount of $8,925 (half of the bid amount) upon receipt of a copy of the invoice from the developer as the work has been completed and inspected. Funding is available from the Miscellaneous Concrete Fund.

RECOMMENDATION: That City Council:

1. Approve reimbursement to Sequoia Imaging Group in the amount of $8,925 from Miscellaneous Concrete Funds.

ATTACHMENTS: 1. Valley Oak Contractors Proposal

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SHARED D ST. DRIVE

APPROACH FOR
99 W PUTNAM N. D ST.

W. PUTNAM AVE
Item No. 6.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Fallen Heroes Memorial Wall
SOURCE: Parks and Leisure Services
COMMENT: The Fallen Heroes Memorial Wall pays special tribute to local residents who died in the line of duty during military or public safety service. The Wall is located within Fallen Heroes Park, 356 E. Chase Ave. The Park opened in November 2014. There are currently four names on the Wall. Cpl. Brett W.

Land and Pfc. Alejandro J. Pardo were the first individuals to be recognized on the Wall after the park opened. Capt. Ramon C. Figueroa and FF Patrick L.

Jones' names were added to the Wall in 2020 after the tragic Library fire of February 18, 2020.

The Military Banner Program also honors military personnel killed in action.

The information collected for that program has brought about the need to establish consistent regulations under which the City would add new honorees to the Fallen Heroes Memorial Wall. Over its past three meetings, the Military Banner Program Committee worked on developing a Fallen Heroes Memorial Wall policy. In order to qualify, the policy states:

1. The honoree must be military personnel who died in active service, foreign or domestic, or a peace officer, firefighter, or emergency medical technician who died in the line of duty.

2. The honoree must have been killed in action during military or public safety service on or after September 11, 2001.

3. The honoree must have been a current or past resident within the Porterville area as defined by the boundaries of the Porterville Unified School District.

Staff will research to determine if there are any additional individuals that meet the policy specifications and coordinate with respective family members for recognition on the Wall. The installation of plaques will coincide with the Memorial Day Holiday on an as-needed basis. At its meeting on March 8, 2022, the Military Banner Program Committee voted unanimously to recommend to the City Council approval of the draft Fallen Heroes Memorial Wall Policy.

RECOMMENDATION: That the City Council consider adoption of the draft Fallen Heroes Memorial Wall Policy.

ATTACHMENTS: 1. Draft Fallen Heroes Park Memorial Wall Policy Item No. 6.

2. Fallen Heroes Memorial Wall
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
CITY OF PORTERVILLE  POLICY

FALLEN HEROES MEMORIAL WALL

PURPOSE
Located on the grounds of Fallen Heroes Park, the City of Porterville Fallen Heroes Memorial Wall pays special tribute to local residents who recently died in the line of duty during military or public safety service. The memorial wall is intended to honor those that paid the ultimate sacrifice defending our nation and community and contribute to the preservation of their memory. It is the purpose of this policy to establish regulations under which the City of Porterville would add new honoree plaques to the Fallen Heroes Memorial Wall.

ELIGIBILITY
To qualify:
1) The honoree must be military personnel who died in active service, foreign or domestic, or a peace officer, firefighter, or emergency medical technician who died in the line of duty.
2) The honoree must have been killed in action during military or public safety service on or after September 11, 2001.
3) The honoree must have been a current or past resident within the Porterville area as defined by the boundaries of the Porterville Unified School District. 1

APPLICATIONS
The City of Porterville will take applications on an ongoing basis. There is no cost to apply. By submitting an application, the applicant agrees that he or she has permission to use the service member’s likeness and name on the Fallen Heroes Memorial Wall.

The application may be obtained online through the City of Porterville website or inperson at the Parks and Leisure Services office, 15 E. Thurman Ave., Suite A.

PROCESS
 Upon receipt of an application, the City of Porterville will commission a custom plaque designed with the service member’s name and title as indicated on the application (example: Cpl. Juan Carlos or FF Sarah Smith).

The City of Porterville is not responsible for misspellings submitted on the application.
 Installation of the plaque(s) will occur once a year to coincide with the Memorial Day holiday. Applications not submitted in time to produce the plaque will be held until the following recognition period.

FALLEN HEROES MEMORIAL WALL POLICY  2
 The City of Porterville shall make the final determination of the plaque location. Once a plaque is installed, it will not be removed unless determined by the City of Porterville.
 The City of Porterville will provide for the routine maintenance of the memorial wall and area surrounding the memorial.
 The City of Porterville reserves the right to deny an application if the requirements of the policy are not met.

1. Porterville Unified School District Boundaries

Item No. 7.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Intent to Set a Public Hearing to Consider Annual Adjustment of Fees by Application of the Engineering News-Record Cost Index
SOURCE: Engineering and Project Management
COMMENT: In accordance with prior City Council authorizations, staff calculates and adjusts all of the attached fees annually. The policy as established in 2003 is to provide the Council notice of all the attached adjustments annually (whether they are subject to the Mitigation Fee Act or not) 60-days before the new fees become effective.

City staff endeavors to honor its commitment to the Home Builders Association (HBA) by providing 60-days notice prior to the effective date of the annually adjusted fees. The HBA of Tulare/Kings Counties, Inc., has requested that they be notified of the annual adjustment of the attached fees, which are adjusted annually by application of the Engineering News-Record (ENR) Cost Index.

Notification was sent to HBA, developers, and Porter Vista Utilities on April 12, 2022. Most of the fees in the Exhibit "H" Connection Fees were in effect before January 1, 1989, (the effective date of the Mitigation Fee Act) and have only been increased by the ENR 20 City Construction Cost Index. The fees subject to the Act, that were adopted or increased after its effective date, were adopted or increased in accordance with those regulations. Again this year, City staff is providing notice of the fees covered by the Mitigation Fee Act. The applicable fees are: 1) Hillside Development Trunk Line Sewer Fees; 2) Hillside Development Water Trunk Fees; 3) Transportation Impact Fees; and 4) Park Impact Fees (Exhibit "A").

The fee adjustments (8.14%) are shown in the attached Exhibit "A" Park Impact Fees and Exhibit "H" Connection Fees and will go into effect on July 1, 2022.

RECOMMENDATION: That City Council:

1. Set a Public Hearing for June 21, 2022, pursuant to
Government Code Section 66016, for consideration to implement the City's Impact Fee ENR Cost Index auto escalator.

ATTACHMENTS: 1. Exhibit "A" Park Impact Fees

2. Exhibit "H" Connection Fees

3. California Government Code 66016
Appropriated/Funded:

Item No. 7.

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
EXHIBIT ‘A’
PARK IMPACT FEES ◊
Effective Date Effective Date
09/16/21 07/01/22*

1. Single Family (RS-1 & RS-2) ∆ $887 $960

2. Multiple Family Per Unit ∆ $689 $745

3. Mobile Homes ∆ $498 $538
To be increased annually by the Engineering News Record Construction Cost Index. *MO #xx-xxxxxx – Based on ENR Index = 12791.43
∆ Resolution #2-99 (Establishing ENR Annual Adjustment) ◊ Fees Covered by the Mitigation Fee Act
P:\PUBWORKS\GENERAL\ADMINISTRATION\CONNECTION FEES\2022 FEE ADJUSTMENT\EXHIBIT A 2022.DOC (Reference Acreage Fees) EXHIBIT ‘H’

CONNECTION FEES

EFFECTIVE DATE
SEWER TRUNK LINE FEES 9/16/21 7/01/22*

1. Hillside Development - per acre ( 142-02)◊ _ $1,322 $1,429

2. Single Family (RS-1 & RS-2) - per acre ( 94-90) $2,478 $2,680

3. Duplex (RM-1) - per acre ( 94-90) $5,755 $6,224

4. Multiple Family (RM-2 & RM-3) - per acre ( 94-90) $13,427 $14,520

5. Institutional - per acre**( 94-90) $933 $1,009

6. Commercial & Professional Office - per acre**( 94-90) $3,499 $3,784

7. Industrial - per acre**( 94-90) $14,938 $16,154

EFFECTIVE DATE
TREATMENT PLANT FEES 9/16/21 7/01/22*

1. Single Family and Multiple Family - per unit ( 67-03) $4,061 $4,392

2. Commercial and Industrial - per sewer connection $14.51 $15.69 ( 67-03) (per gpd) (per gpd)
($4,061) ($4,392)

EFFECTIVE DATE
SEWER CONNECTION CHARGES 9/16/21 7/01/22*

1. Six Inch or Smaller - per foot $13.39 $14.48

2. Eight Inch - per foot $17.56 $18.99

EFFECTIVE DATE
WATER TRUNK FEES 9/16/21 7/01/22*

1. Hillside Development - per acre ( 142-02) ◊ _ $1,945 $2,103

2. Single Family (RS-1 & RS-2) - per acre ( 93-90) $4,055 $4,385

3. Duplex (RM-1) - per acre ( 93-90) $10,151 $10,977

4. Multiple Family (RM-2 & RM-3) - per acre ( 93-90) $23,699 $25,628

5. Institutional**( 93-90) $2,646 $2,862

6. Commercial and Professional Office - per acre**( 93-90) $3,048 $3,296

7. Commercial Crop Cultivation – per acre**(Ord. 1813) D $761 $823

8. Industrial - per acre**( 93-90) $23,406 $25,312

EFFECTIVE DATE
WATER CONNECTION FEE 9/16/21 7/01/22*

1. Connection Charges - per foot $11.43 $11.77

EFFECTIVE DATE
STREET LIGHT FEES 9/16/21 7/01/22*

1. Multiple Family - per foot $3.47 $3.75

2. Commercial/Industrial - per foot $4.38 $4.74

EFFECTIVE DATE
STORM DRAINAGE FEES 9/16/21 7/01/22*

1. Single Family (RS-1 & RS-2) - per acre (inc. Hillside Dev.) ( 95-90) $6,679 $7,223

2. Duplex (RM-1) - per acre ( 95-90) $8,910 $9,635

3. Multiple Family (RM-2 & RM-3) - per acre ( 95-90) $13,368 $14,456

4. Commercial, Industrial & Institutional - per acre ( 95-90) $17,816 $19,266

EFFECTIVE DATE
FIRE HYDRANT FEES 9/16/21 7/01/22*

1. Multiple Family - per foot $4.53 $4.90

2. Commercial/Industrial - per foot $6.72 $7.27
TRANSPORTATION IMPACT FEES◊ _ 9/16/21 7/01/22*

1. Single Family (RS-1 & RS-2) per unit ( 50-98) $1,337 $1,446

2. Multiple Family (per unit) ( 50-98) $903 $977

3. General Office/ Institutional (per 1,000 sq ft of gross floor) ( 50-98) $3,677 $3,977

4. Commercial (per 1,000 square feet of gross floor area) ( 50-98) $6,994 $7,564

5. Light Industrial (per 1,000 square feet of gross floor area) ( 50-98) $1,043 $1,128

EFFECTIVE DATE
FRONTAGE IMPROVEMENT VALUATION THRESHOLD 9/16/21 7/01/22*

1. Frontage Improvements are required when the
Building Permit valuation is over  $25,397 $27,465
(Beginning 2/19/04 - over a two-year period)
*MO #xx-xxxxxx – Based on ENR Index = 12791.43
Resolution Establishing ENR Annual Adjustment
Ordinance No. 1644 dated 2-19-04 (includes Annual Adjustment by ENR) ◊ Fees Covered by the Mitigation Fee Act
**Institutional, Commercial and Industrial water and sewer trunk line fees will be collected based upon the amount stated above, but shall be adjusted after monitoring of actual usage to the following fees:

Water - $213.94 per 100 GPD of actual average demand (adjusted annually by the ENR Construction Cost Index).

Sewer - $181.85 per 100 GPD of actual daily flow (adjusted annually by the ENR Construction Cost Index).

State of California

GOVERNMENT CODE
Section 66016
66016. (a)  Prior to levying a new fee or service charge, or prior to approving an increase in an existing fee or service charge, a local agency shall hold at least one open and public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice of the meeting on new or increased fees or service charges. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.

At least 10 days prior to the meeting, the local agency shall make available to the public data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues. Unless there has been voter approval, as prescribed by Section 66013 or 66014, no local agency shall levy a new fee or service charge or increase an existing fee or service charge to an amount which exceeds the estimated amount required to provide the service for which the fee or service charge is levied. If, however, the fees or service charges create revenues in excess of actual cost, those revenues shall be used to reduce the fee or service charge creating the excess.
(b)  Any action by a local agency to levy a new fee or service charge or to approve an increase in an existing fee or service charge shall be taken only by ordinance or resolution. The legislative body of a local agency shall not delegate the authority to adopt a new fee or service charge, or to increase a fee or service charge. (c)  Any costs incurred by a local agency in conducting the meeting or meetings required pursuant to subdivision (a) may be recovered from fees charged for the services which were the subject of the meeting.
(d)  This section shall apply only to fees and charges as described in Sections 51287, 56383, 65104, 65456, 65584.1, 65863.7, 65909.5, 66013, 66014, and 66451.2 of this code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code. (e)  Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion levying a fee or service charge subject to this section shall be brought pursuant to Section 66022.
(Amended by Stats. 2006, Ch. 643, Sec. 19. Effective January 1, 2007.) Item No. 8.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Community Civic Event - Bethel Assembly of God - Blessings of Liberty Freedom Rally - April 23, 2022
SOURCE: Finance
COMMENT: The Bethel Assembly of God is requesting approval of a Community Civic Event application to hold the "Blessings of Liberty Freedom Rally" on Saturday, April 23, 2022 at Centennial Park. No closure of street, sidewalk or parking lots or spaces is requested. There will be no vendors during the event.

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

RECOMMENDATION: That the City Council approve the Community Civic Event application from Bethel Assembly of God for a permit to hold the "Blessings of Liberty Freedom Rally" on April 23, 2022, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A and Exhibit B.

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

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Item No. 9.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
SOURCE: City Manager's Office
COMMENT:

During the past eighteen (18) months, the City 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. Pursuant to adopted State law effective September 30, 2021, 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 the Governor's State of Emergency, and must review and renew such Resolution every thirty (30) days thereafter. AB 361 will sunset on January 1, 2024. The Council last adopted its Resolution consistent with AB 361 at its meeting on April 5, 2022.

RECOMMENDATION: That the City Council consider adoption of the draft Resolution to continue allowing the option to participate in the City's public meetings remotely through the use of the teleconferencing provisions of AB 361.

ATTACHMENTS: 1. Draft Resolution - AB 361 Local Emergency Remote Access
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
RESOLUTION _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

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, 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, as a consequence of the 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. 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 3. 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 4. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of May 19, 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 19th day of April, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Item No. 10.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Status and Review of Local Emergency: Drought
SOURCE: City Manager's Office
COMMENT:

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

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

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

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

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 10.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

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

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

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

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4."
Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the Item No. 10.

East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

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

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

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

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

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is Item No. 10.
meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.

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

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

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

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

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water Item No. 10.
lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

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

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water Item No. 10.
system.

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

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015

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

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

4. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

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

6. Governor Newsom Executive Order N-7-22: March 28,
2022

7. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

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

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

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

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

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

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

Local FSA offices can provide affected farmers with further information.

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

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

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

Contiguous Counties in Adjacent States:

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

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

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

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

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

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

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THEREFORE BE IT RESOLVED THAT:

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

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

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

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

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

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

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

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

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

Authority: Section 1058.5, Water Code.

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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

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

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

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 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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

3pg18xi20

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

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

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

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

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

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

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

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

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

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. 11.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Community Development Block Grant Substantial Amendment to the 2021/2022 Action Plan SOURCE: Community Development

COMMENT
:

As an entitlement grantee, the City of Porterville (City) receives federal formula Community Development Block Grant (CDBG) grants through the U.S. Department of Housing and Urban Development (HUD). This entitlement provides the City with an annual direct grant, to provide decent affordable housing, a suitable living environment and to expand economic opportunities, primarily for low to moderate income (LMI) persons/households.

A Substantial Amendment is triggered whenever one of the following is proposed: a change in the allocation priorities or a change in the method of fund distribution; or a substantial change which increases or decreases the amount allocated to a category of funding within the City’s entitlement grant programs by twenty-five percent (25%); or to implement an activity using CDBG funds for new programs that were not described in the Consolidated Plan; or to change the purpose or intended beneficiaries of an activity approved for CDBG funding.

An amendment to the 2021/22 CDBG Action Plan (AP) (approved on April 20, 2021) is being proposed. The funding recommendations made by the City's CDBG Citizens’ Advisory and Housing Opportunity Committee (Committee) are being presented tonight. The recommendations are based on feedback received through the various outreach conducted, including a Community Survey, a Community meeting, a Public Hearing meeting, virtual and in-person meetings, outreach events and through partner agencies that serve Low to Moderate income households.

The Substantial Amendment to the 2021/2022 Action Plan is being proposed to add activities for repayment/early repayment of the Section 108 loan; to reallocate 2016 entitlement funds from the Small Business Assistance Program and the Large Business Assistance Program to Section 108 Loan Repayment and the Parks Improvement Program respectively; and to reprogram 2020 funds back to the Large Business Assistance Program. This brings the total of reprogrammed funds to $605,267.22.

The Substantial Amendment to the 2021/2022 Action Plan is necessary as the sale of the Heritage Center has not been finalized and the proceeds from that sale are not yet available to fund the Multi-Sport field activity and repayment of the Section 108 loan, which funded the construction of the Heritage Center. As the sale of the Heritage Center was not completed, funds need to be allocated to other activities to ensure that funds are utilized in compliance with HUD regulations, including making a Section 108 loan payment.

The Youth Center did not operate due to Covid-19 restrictions, requiring a need that funding also had to be reallocated as well. The Curb, Gutter, Sidewalk program is still underway, and a Item No. 11.
second project has not been identified, as the first one is still underway, so those additional funds need to be reallocated. The Committee made a recommendation to add an additional activity to pay the Section 108 loan payment that is due in 2022/2023 ahead of schedule, and upon the sale of the Heritage Center, a portion of the proceeds can be used to replenish those programs where funds are being recommended to be moved for the amendment if there is a need. Lastly, there is a need to reallocate 2016 entitlement funds from the Small business assistance program and the Large Business assistance program to provide the City with additional time to meet expenditure deadlines and remain in compliance. This brings the total funds that need to be reallocated to $605,267.22.

A detailed description of each reallocation is detailed in the Draft 2021/22 Action Plan Amendment, Section B. Proposed Amendments Detail (Attachment 1).

Approved 2021/2022 AP Allocation Source
Section 108 Loan Repayment $0 N/A
Section 108 Early Repayment $0 N/A
Multi-Sports Field (MSF) $290,624.25 21/22 AP Entitlement Small Business Assistance
(SBA)
$54,072.25 2016 AP Carryover
Youth Center (YC) $100,000 21/22 AP Entitlement
Curb/Gutter/Sidewalk (CGS) $130,000 21/22 AP Entitlement Large Business Assistance
(LBA)
$15,285.36 2016 AP Carryover
Parks Improvement Project $15,285.36 2020 AP Carryover
Total $605,267.22
Proposed Amendment
2021-22 AP
Allocation Source
Section 108 Loan Repayment $290,264.25 21/22 AP Entitlement -MSF Section 108 Early Repayment $284,072.25 21/22 AP Entitlement (SBA+YC+CGS) Multi-Sports Field $0* N/A
Small Business Assistance $0* N/A
Youth Center $0* N/A
Curb/Gutter/Sidewalk $0* N/A
Large Business Assistance $15,285.36 2020 AP Carryover
Parks Improvement Project $15,285.36 2016 AP Carryover
Total $605,267.22
* Upon the sale of the Heritage Center, a portion of the proceeds will be used to replenish this program if there is a need.

The proposed substantial amendment and budget is included in Exhibit A to the draft Resolution as Attachment 1.

Item No. 11.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution approving the proposed substantial amendment to the 2021/2022 Action Plan; and

2. Direct staff to submit the amendment to the 2021/2022 Action Plan to HUD.

ATTACHMENTS: 1. Draft Amendment to the 2021-22 Action Plan

2. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

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

PROPOSED AMENDMENT TO THE CDBG
2021/22 ANNUAL ACTION PLAN
DRAFT
Public Hearing
April 19, 2022

EXECUTIVE SUMMARY
A Substantial Amendment to the 2021/2022 Action Plan is being proposed to add activities for repayment/early repayment of the Section 108 loan; to reallocate 2016 funds from the Small business assistance program and the Large Business assistance program to the Section 108 loan repayment and the Parks Improvement program respectively; and to reprogram 2020 funds back to the Large business assistance program. This brings the total of reprogrammed funds to $605,267.22.

CITIZEN PARTICIPATION
On April 19, 2022 a Public Meeting will be held during the normally scheduled City Council meeting, commencing at 6:30 PM, or soon thereafter. The options for participation are virtual attendance via Zoom and in-person at 291 N. Main Street. Zoom participation details can be found on the City Council Agenda which is posted to the City’s website 72 hours prior to the meeting at https://www.ci.porterville.ca.us/government/city_council/meeting_agendas___minutes.php.

Additionally, until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Comments to the Amendment may be submitted, before the meeting via email to [email protected]. Members of the public are encouraged to submit comments prior to 6:30 p.m., Tuesday, April 5, 2022, to participate in said meeting. The comments read during the Council meeting will be incorporated into the official record.

A. PUBLIC COMMENTS
In accordance with the current Citizen Participation Plan approved by the U. S. Department of Housing and Urban Development (HUD), the City of Porterville must publish the documents for no less than 30 calendar days for public comment before it is submitted to HUD.

The public notice was published in English and Spanish announcing the thirty (30) day comment and review period through the close of business April 5, 2022.

Summary of Public Comments Received:

Community Meeting February 10, 2022 (Virtual Zoom Meeting) Community feedback received during the community meeting and surveys prior to the first public hearing, for continued support for Housing Programs, Public Service Programs, Business Assistance Programs, Public Facilities, Public Service programs, and Community Benefit Programs. Support for the use of CDBG funds for affordable housing, park improvement projects, homeless services, sidewalk projects, and youth recreation services were also noted in the surveys completed. Three attendees advocated for homeless services.

CDBG Advisory and Housing Committee Meeting and Public Hearing March 14, 2022 (Hybrid meeting to allow for public participation via Zoom or in-person.) Surveys prior to the first public hearing were in favor of continued support for existing Housing, Homeless Prevention, Business Assistance, and Neighborhood Improvement Programs. Survey responses also identified a community need for programs in the categories of affordable housing, strengthening neighborhoods, and homeless prevention.

A representative from Family Services of Tulare County thanked the committee for its continued support of their Porterville clients. There were no additional comments received.

The committee evaluated the suggestions received at the meeting and made its final recommendationsfor funding to be communicated to the City Council at the second public hearing. 30-Day Public Review & Comment Period
Any public comment received during the comment period will be included in this section.

Public Hearing April 19, 2022
Any public comment received during this meeting will be included in this section.

Outreach
This section will be updated after the 2nd public hearing.

Survey Results
A Community Survey was distributed electronically at virtual meetings, via the survey link and publicized on social media. Paper copies were available at the public counter of City Hall and at community meetings and events. A total of 93 survey responses were received and a summary of those responses is included as Appendix 1.

Additional outreach and any additional public comments received during the 30 day comment period will be updated to this section prior to submission to HUD.

B. PROPOSED AMENDMENTS DETAIL
Activity Amendment
Category
Funding
Source/Year Reallocated From Amount
1 Section 108 Loan
Repayment
New Activity
Added See item 6 below
Sale of the Heritage Center did not take place, therefore a new activity needs to be added to pay for the section 108 debt that was going to be paid out of the sale of the Heritage Center 2 Section 108 Loan
Early Repayment
New Activity
Added see items 3-5 below
A defeasance for the remaining debt was going to be paid with the sale of the Heritage Center, however since it did not take place, this early partial repayment (new activity) needs to be added as there were projects that due to Covid-19 could not take place as planned and the funding needs to be used in a timely manner. By adding this activity, the City will meet expenditure deadlines that will help the program remain in compliance. Once the sale takes place, a portion of the proceeds of the sale, will be used to replenish those programs if there is a need.
3 Section 108 Loan
Repayment
Change of
Use
PY 2016 -
Entitlement
Small Business
Assistance Program $54,072.25
Reallocating the remaining 2016 EN from Small Business Assistance Program to the Parks Improvement Project to spend the 2016 funds first to allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines. Upon the sale of the Heritage Center, a portion of the proceeds will be used to replenish this program if there is a need. 4 Section 108 Loan
Repayment
Change of
Use
PY 2021 -
Entitlement Youth Center $100,000.00
The Youth Center activity did not take place due to the continued Covid-19 pandemic and therefore the funds will be used to pay a portion of the Section 108 loan early. Upon the sale of the Heritage Center, a portion of the proceeds will be used to replenish this program if there is a need.
5 Section 108 Loan
Repayment
Change of
Use
PY 2021 -
Entitlement
Curb, Gutter, Sidewalk
Improvement Project $130,000.00
No new projects were identified for the Curb, Gutter, Sidewalk for PY 2021/22 as the first project has not begun therefore those funds will be used to pay a portion of the Section 108 loan early
6 Section 108 Loan
Repayment
Change of
Use
PY 2021 -
Entitlement
Multi-Sports Field
Project $290,624.25
Sale of the Heritage Center did not take place, therefore there were no proceeds to pay for the 2021/22 debt obligations and this project is dependent on that sale, therefore it also did not begin. Funds will be used to cover the FY 2021/22 Section 108 payments. Upon the sale of the Heritage Center, a portion of the proceeds will be used to replenish this program if there is a need.
7 Parks
Improvement
Project
Change of
Use
PY 2016 -
Revolving
Loan Fund
Large Business
Assistance Program $15,285.36
Reallocating the remaining 2016 RL $15,285.36 from LBA to the Parks Improvement Project to spend the 2016 funds first to allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines.
8 Large Business
Assistance
Change of
Use
PY 2020-
Revolving
Loan Fund
Parks Improvement
Program $15,285.36
Reallocate the PY 2020 EN $15,285.36 from Parks Improvement Project to the Large Business Assistance program to allow for more time to spend the 2016 funds, since parks project has current expenditures that can be made (see item 7 above) Appendix 1: Summary of Community Survey Results
CCFCC 11 KTHA 1
City of Porterville 3 PATH 1
CSET 1 Porterville 1
Iglsia Emmanuel 1 Anonymous 3
Kingsview 1
Both 55
Live Only 21
Work Only 12
Neither 5
Northwest 31
Southeast 31
Northeast 16
Southwest 10
N/A 5
FTHB Loan 74
FTHB Education 62
PUAP 57
ADA Wheelchair 48
Fair Housing Education 45
Rehab 44
Small Business Loan 81
COVID-19 59
Microenterprise 35
Large Business Loan 19
Shelter + Care 80
Continuum of Care (KTHA) 70
City Operated Youth Center 69
Parks Improvement 60
Curb/Gutter/Sidewalk Improvements 59
Multi-Sport Field Improvement Project 53
City of Porterville Quadrant Represented

SUMMARY OF COMMUNITY SURVEY RESULTS
A Community Survey was distributed at virtual meetings and the link to the electronic survey was provided when information was distributed electronically. A paper copy was also available at the public counter of City Hall. A total of 93 survey responses were received, of which 24 were representatives of Agencies, but some remained anonymous as to who they represented.

CURRENT CDBG PROGRAM SUPPORT

LIVE/WORK IN THE CITY OF PORTERVILLE
Housing
Economic Development
Agency Representatives that took the survey
Homeless Prevention
Neighborhood Improvement
55 21
12 5
Both
Live Only
Work…
Neither
31 31
16 10
5 Northw…
Southe…
Northe…
Southw…
N/A
74 62
57 48
45 44
FTHB Loan
FTHB…
PUAP
ADA…
Fair Housing…
Rehab
81 59
35 19
Small…
COVID-19
Microenterpr…
Large…
80 70
Shelter + Care
Continuum of Care…
69 60
59 53
City Operated Youth Center
Parks Improvement
Curb/Gutter/Sidewalk…
Multi-Sport Field Improvement…
Homeless Prevention 33
Affordable Housing 27
Strengthen Neighborhoods 23
Business Assistance 0
Homeless Prevention 6 Low-Cost Animal Programs 1
Affordable Housing 4 Public Schools 1
Mental Health 2 Credit Education Program 1
Homeless Shelters 1 Handicapp Accessibility & Parking 1 Shelter + Care 1 Litter Abatement 1
First Time Homebuyer 1 Domestic Violence Programs 1
Sports Complex 3 Public Infrastructure 3
Youth Center/Services 3 Public Roads 1
Parks & Amenities 2 Bike Trails 1
Skate Park 1 Street Lights 1
Library 1
New Programs : by Category
Public Facilities Public Improvements

SUGGESTIONS FOR FUNDING CURRENT AND FUTURE PROGRAMS
Housing Public Services
Existing Programs
33 27
23 0
Homeless…
Affordable Housing
Strengthen…
Business Assistance
0 2
4 6
8 10
12 14
16 Category of New Program Suggestions
Housing Public Facilities Public Improvements Public Services Bridge
Housing
w/Case
Manageme
nt
More Shelters
Adressing
Homelessness
Affordable Housing
Free Transit …
Elderly
Homeless Relocation
Mental Health for
Homeless
Housing First
Programs
Small Business
COVID
Assistance
Entrepreneurship/Sm
all Business Education
Small Business
Assistance
(non-COVID)
Beautification of City
neighborhoods
Incentivize Infill
Construction
Allow ADUs
Little Libraries in
Neighborhoods
Sidewalk, Gutter
Improvements in
Unincorporated Areas
Infill Construction
Youth Centers
Parks & Rec Centers
New Library
Basketball Courts
Walking
Paths/Trails
Temporary Library
Daycares More
Parks
Botanical Gardens
Drug/Alcohol
Prevention programs

FUNDING SUGGESTIONS

RESOLUTION NO ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING THE 2021/2022 ACTION PLAN AMENDMENT AND PROPOSED USE OF

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
BE IT HEREBY RESOLVED that the City Council of the City of Porterville does hereby approve the 2021/2022 Action Plan Amendment, attached as Exhibit A, and proposed use of Community Development Block Grant Funds with proposed changes for the 2021/2022 Program Year Entitlement and Program Income Allocations as follows:

Approved 2021/2022 AP Allocation Source
Section 108 Loan Repayment $0 N/A
Section 108 Early Repayment $0 N/A
Multi-Sports Field (MSF) $290,624.25 21/22 AP Entitlement Small Business Assistance (SBA) $54,072.25 2016 AP Carryover Youth Center (YC) $100,000 21/22 AP Entitlement
Curb/Gutter/Sidewalk (CGS) $130,000 21/22 AP Entitlement Large Business Assistance (LBA) $15,285.36 2016 AP Carryover Parks Improvement Project $15,285.36 2020 AP Carryover
Total $605,267.22
Proposed Amendment Allocation Source
2021-22 AP
Section 108 Loan Repayment $290,264.25 21/22 AP Entitlement -MSF Section 108 Early Repayment $284,072.25 21/22 AP Entitlement - (SBA+YC+CGS) Multi-Sports Field $0* N/A
Small Business Assistance $0* N/A
Youth Center $0* N/A
Curb/Gutter/Sidewalk $0* N/A
Large Business Assistance $15,285.36 2020 AP Carryover
Parks Improvement Project $15,285.36 2016 AP Carryover
Total $605,267.22
* Upon the sale of the Heritage Center, a portion of the proceeds will be used to replenish this program if there is a need.

Resolution No. ____-2022

PASSED, APPROVED AND ADOPTED this 19th day of April, 2022.

________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk

BY
Patrice Hildreth, Chief Deputy City Clerk
Item No. 12.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Community Development Block Grant 2022-2023 Action Plan SOURCE: Community Development
COMMENT:

The U.S. Department of Housing and Urban Development (HUD) requires all Community Development Block Grant (CDBG) entitlement cities to prepare a three- or five-year Consolidated Plan. Porterville’s 2020 Five-Year Consolidated Plan was adopted by the City Council at its meeting on April 21, 2020, and subsequently submitted to and approved by HUD. This 2022/2023 Action Plan reflects the third year investment plan within the scope of the Consolidated Plan. Action Plans are required to be submitted to HUD forty-five (45) days prior to the start of the program year. HUD has sent out a memo informing entitlement jurisdictions that; “Congress has not completed the appropriations process for HUD’s FY 2022 appropriation. At this time, HUD cannot predict when its FY 2022 appropriations bill will be enacted and when it will be able to announce FY 2022 allocation amounts. Thus, HUD cannot say how many grantees – or which program year start dates – will be subject to these revised procedures. Similarly, HUD cannot provide estimated FY 2022 allocation amounts for grantees to use for planning purposes in developing annual Action Plans.” Despite allocations not being announced yet, the City is still required to go through the mandated process, but may delay submission of its consolidated plan or action plan to HUD until 60 (sixty) days after the date allocations are announced, or until August 16, 2022 (whichever comes first).

This delay will give a grantee time to revise its action plan to incorporate actual allocation amounts, and to conduct any additional citizen participation, if necessary.

The Action Plan, (Attachment 1 to this staff report and Exhibit A to the draft Resolution), identifies activities the City would undertake during the next year to address priority needs of lower-income households. Proposed activities are designed to benefit lower income households by maintaining affordable housing, achieving public housing improvements, removing barriers to affordable housing, evaluating and reducing lead-based hazards, reducing the number of households with incomes below the poverty line, improving job availability, enhancing the institutional structure to address the needs of lower income households, addressing obstacles to meeting underserved needs, and enhancing coordination between public and private housing and social service agencies.

The Action Plan presents ongoing and proposed CDBG funded programs for the Fiscal Year beginning July 1, 2022, through June 30, 2023. Staff used last Item No. 12.
year's Entitlement Grant amount of $868,243 to draft the budget for the Action Plan for a variety of programs and projects accompanied by program income generated by the First-Time Low Income Home Buyer Program, the Owner Occupied Housing Rehabilitation and Public Utility Program, and the Business Assistance Loan Program.

The table below provides an overview of the entitlement funding allocation as presented to the Citizens Advisory and Housing Opportunity Committee.

Administration $173,648.60
City-Operated Youth Center $96,217.35
Case Management for PSH-FSTC $15,000.00
LINC Services-KTHA $5,000.00
Homebuyer Education $1,805.10
Parks Improvement Program $151,707.95
Multi-Sports Field Improvement Project $279,864.00
Curb, Gutter, Sidewalk Project $130,000.00
Fair Housing Program $15,000.00
Total Funding $868,243.00
On February 10, 2022, the first community meeting was held to bring recommendations and comments from the community before the CDBG Citizens’ Advisory and Housing Opportunity Committee (Committee). On March 14, 2022, the Committee held the first Public Hearing to consider the proposed projects for the 2022/2023 Action Plan. The Committee unanimously recommended approval of the proposed Action Plan. Public notices were published in both English and Spanish for the afore-mentioned Public Hearing.

A public notice was also published in both English and Spanish announcing the thirty (30) day comment and review period which ends April 19, 2022. No written comments were received from the public as of the writing of this staff report. However, discussions that took place during the meetings are included in the Draft 2022/2023 Action Plan under AP-05 Section 5: Summary of Public Comments.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution approving the 2022/23 Action Plan; and

2. Direct staff to submit the 2022/23 Action Plan to HUD.

ATTACHMENTS: 1. Draft 2022-23 CDBG Action Plan
Item No. 12.

2. Draft Resolution - 2022-23 CDBG Action Plan
Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE

COMMUNITY DEVELOPMENT BLOCK GRANT
2022-2023 ANNUAL ACTION PLAN

ENTITLEMENT APPLICATION
DRAFT

PUBLIC HEARING
APRIL 19, 2022
2022/2023 CDBG Annual Action Plan 2
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Porterville (City) is an Entitlement Jurisdiction that receives federal funds from the U.S. Department of Housing and Urban Development (HUD) to invest in local communities. The City receives HUD funding under the Community Development Block Grant (CDBG) Program, which is designed to assist low- and moderate-income (LMI) households.

The primary objective of the CDBG program is to develop viable communities through the provision of decent housing, a suitable living environment, and expanded economic opportunities.

CDBG grantees are eligible to use the resources they receive for Planning and Administration, Public Services, Community and Economic Development, Capital Improvement Projects (CIP) Public Facilities/Infrastructure, and CIP Housing Rehabilitation. Planning and Administration costs include staffing, general management, oversight and coordination. Public Service projects provide social services and/or other direct support to individuals and households in need of assistance. Community and Economic Development projects are focused on assisting businesses and organizations with small business loans, and other initiatives. CIP Public Facilities/Infrastructure projects are those which aim to improve public facilities and infrastructure. CIP Housing Rehabilitation projects are for housing rehabilitation improvements of single and multi-unit housing. The City anticipates $868,243 in CDBG funding for FY 2022/2023.

Additionally, a map of eligible census tracts (Attachment 1 below: Map of Low-Mod Census Tracks) is included to reflect the addition of Census Tract 39.01, which was not part of the approved 5 year Consolidated Plan. Effective January 1, 2021, Census Tract 39.01 was added as an eligible tract based on the HUD Eligible Census Tract Table Generator, https://www.huduser.gov/portal/qct/screen2.html. This is an expanded area where CDBG funds can be used as of FY 2021/2022.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The Action Plan incorporates outcome measures identified in the Consolidated Plan. Activities are selected in accordance with the Federal Register Notice dated March 7, 2006, which require the following Performance Measure Objectives/Outcomes to be associated with each activity funded:

General Objective Categories: Activities will meet one of the following:

Decent Housing (DH)
A Suitable Living Environment (SL)
Economic Opportunity (EO)
Outcome Categories: Activities will meet one of the following:

Availability/Accessibility
Affordability Sustainability
2022/2023 CDBG Annual Action Plan 3
1 Goal Name Affordable Housing
Goal
Description
Public service activities for Low/Moderate Income Housing Benefit.

The City will continue to support programs that provide decent housing options for low income households.
2 Goal Name Homelessness
Goal
Description
The City will continue to support programs for the homeless population. 3 Goal Name Strengthening Neighborhoods
Goal
Description
The City will improve public infrastructure and community services that will benefit residents.
4 Goal Name Economic Development
Goal
Description
The City will fund activities that contribute to the success of local Large, Small and Microenterprise businesses.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

The City is responsible for ensuring compliance with all rules and regulations associated with the CDBG entitlement grant programs. The City’s Annual Action Plans and Consolidated Annual Performance Reports (CAPER) have provided many details about the goals, projects, and programs completed by the City since 1982.

The City recognizes that the evaluation of past performance is critical to ensure the City and its sub-recipients are implementing activities effectively and that those activities align with the City’s overall strategies and goals. The production of programs and systems are evaluated annually.

Goals for future projects were set in the 2020-2024 Consolidated Plan, by evaluating the success of existing programs as well as the needs that exist in the community. The City will look for ways to improve living conditions, eliminate slum and blight, and improve public facilities.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. (This section will be updated after the final public hearing on 4/19/2022, to incorporate all comments and consultations.) To maximize participation in the preparation of the 2022/2023 Action Plan, the City held a community meeting on February 10, 2022, designed and administered a community needs survey, held a public hearing on March 14, 2022, a second public hearing on April 19, 2022, and conducted outreach by email, social media, partner meetings and committee meetings. The purpose was to inform and seek input on the City’s housing and community development needs and proposed use of funds to achieve objectives, priorities, and actions for addressing those needs during FY 2022/2023. Views obtained during these hearings were considered for the final Action Plan. 2022/2023 CDBG Annual Action Plan 4

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

Community Meeting February 10, 2022 (Virtual Zoom Meeting) Community feedback received during the community meeting and surveys prior to the first public hearing, was for continued support for Housing Programs, Public Service Programs, Business Assistance Programs, Public Facilities, and Community Benefit Programs. Support for the use of CDBG funds for affordable housing, park improvement projects, homeless services, sidewalk projects, and youth recreation services were also noted in the surveys completed.

During the meeting, one attendee inquired about how people experiencing homelessness were notified of the meeting. Staff detailed all of the outreach efforts, which included legal notices in the local newspapers, social media and electronic outreach through partner agencies who serve homeless and low-moderate income families in the community. Additionally, two representatives of partner agencies which service individuals experiencing homelessness elaborated on their engagement in the Action Plan process and client advocacy.

The same attendee wanted clarification on which programs benefited low-moderate income families and the amount of funding allocated to addressing homelessness specifically. Staff explained that 100% of the CDBG funds are for the benefit of low-mod households and/or take place in eligible low-mod census tracts. To address the second part of the question, staff explained that CDBG funds are leveraged with other funding sources and that some funds are better suited for public service activities, especially since homeless services qualify as a public service and CDBG has a public services cap of 15% of the funds. Therefore the Permanent Local Housing Allocation Plan (PLHA), which is slated to dedicate over $2 million in funds to serve this population, is leveraged to assist with addressing homelessness.

CDBG Advisory and Housing Committee Meeting and Public Hearing March 14, 2022 (Hybrid meeting to allow for public participation via Zoom or in-person.) Surveys prior to the first public hearing were in favor of continued support for existing Housing, Homeless Prevention, Business Assistance, and Neighborhood Improvement Programs. Survey responses also identified a community need for programs in the categories of affordable housing, strengthening neighborhoods, and homeless prevention.

A representative from Kings-Tulare Homeless Alliance thanked the committee for their continued support of their Porterville clients. There were no additional comments received.

The committee evaluated the suggestions received at the meeting and made its final determinations for funding to be communicated to the City Council at the second public hearing. 30-Day Public Review & Comment Period
Any public comment received during the comment period will be included in this section.

Public Hearing April 19, 2022
Any public comment received during this meeting will be included in this section. 2022/2023 CDBG Annual Action Plan 5
Outreach
This section will be updated after the 2nd public hearing.

Survey Results
A Community Survey was distributed electronically at virtual meetings, via the survey link and publicized on social media. Paper copies were available at the public counter of City Hall and at community meetings and events. A total of 93 survey responses were received and a summary of those responses will be included in Appendix 1.

Additional outreach and any additional public comments received during the 30 day comment period will be updated to this section prior to submission to HUD.

6. Summary of comments or views not accepted and the reasons for not accepting them There are none at this time. Any Public Comment will be updated in this section.

7. Summary
The 2022/23 Action plan follows the established 2020-2024 Goals, and takes into account new comments from the Community Development Block Grant Advisory and Housing Opportunity Committee recommendation to City Council as well as any other public comments received during the development of the plan.
2022/2023 CDBG Annual Action Plan 6
Attachment 1
2022/2023 CDBG Annual Action Plan 7
PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency PORTERVILLE Community Development
Department
CDBG Administrator PORTERVILLE Community Development
Department

Table 1 – Responsible Agencies
Narrative (optional)
The City of Porterville (City) is the Lead Agency for the United States Department of Housing and Urban Development (HUD) entitlement programs. The City's Department of Community Development is responsible for administering the funds it receives under the Community Development Block Grant (CDBG).

Consolidated Plan Public Contact Information
Community Development Department
Jason Ridenour
Community Development Director
291 N. Main Street
Porterville, CA 93257
(559) 782-7460
2022/2023 CDBG Annual Action Plan 8
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City conducted a thorough outreach effort, consulting with stakeholders of the City to assess needs, set goals and strategize for implementing the Action Plan. It focused on engaging community residents, beneficiaries of entitlement funds, and stakeholders of the City. The City held a virtual community meeting on February 10, 2022, to introduce the Annual Action Plan Planning process to members of the public and gather information regarding the community’s top priorities. The City of Porterville Community Development Block Grant (CDBG) Citizens’ Advisory and Housing Opportunity Committee held a hybrid (virtual and in-person) public hearing on March 14, 2022, to obtain the views of citizens, public agencies, and other interested parties on the City’s housing and community development needs and proposed use of funds to achieve objectives, priorities and actions for addressing those needs during Fiscal Year 2022/23.

The City also conducted a Community Survey to gather input from community residents and stakeholders of the City. The survey asked participants to identify the greatest needs and priorities in the City that could be addressed through entitlement funding programs and to provide feedback on the use of those funds and to comment on existing programs. The survey, as well as notice of the community meeting and public hearings were posted to the City’s social media accounts. Additionally, the City Council held, a second public hearing at its meeting on April 19, 2022.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City reached out to a number of agencies, worked collaboratively with public officials, City departments, community residents, stakeholders, and beneficiaries of entitlement funds to seek input on the priorities and strategies included in this Action Plan and further strengthen the dialogue between public and assisted housing providers and private and governmental health, mental health and service agencies that receive federal funding. A list of the agencies who were consulted, including how they participated, is included in Table 2.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Kings/Tulare County Continuum of Care (Alliance) is made up of a group of advocates, public agencies, homeless individuals, and service providers with the purpose of confronting the needs of the homeless population within the Kings and Tulare County regions. The City of Porterville continues to be an active participant in the monthly Alliance meetings, with the purpose of enhancing coordination between organizations, disseminating knowledge on best practices, and developing a stronger understanding of the needs of the homeless population within both counties. The Alliance also works to reduce duplication of such services and to improve service delivery to homeless people. Furthermore, in adherence to the institutional delivery system, the City financially supports the Alliance, which is recognized as a 501(c)(3) organization of partners. The Alliance implements a coordinated entry and assessment system called Every Door Open, to serve both counties. The system’s purpose is to help at-risk or current homeless people by prioritizing the most vulnerable homeless people, including the chronically homeless, veterans, families with children, and unaccompanied minors, obtain necessary services.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate 2022/2023 CDBG Annual Action Plan 9
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Not applicable. The City does not receive Emergency Solutions Grant Funds.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Table 2 – Agencies, groups, organizations who participated 2022/2023 CDBG Annual Action Plan 10
1 Agency/Group/Organization Anthem Blue Cross
Agency/Group/Organization Type Services- health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
2 Agency/Group/Organization Central California Family
Crisis Center
Agency/Group/Organization Type Services - Housing ServicesVictims of Domestic Violence Services-homeless Services –
Victims
What section of the Plan was addressed by Consultation? Public Housing Needs Homeless Needs - Chronically
homeless, Homeless Needs -
Families with children
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives completed a
survey and a representative
attended the community
meeting and the 1st Public
Hearing, to provide
input to help prioritize the
City's community needs and
were notified of meeting and
public hearings.
3 Agency/Group/Organization Central CA Legal Services
Agency/Group/Organization Type Services - Legal
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
4 Agency/Group/Organization Community Services
Employment Training
(CSET)
Agency/Group/Organization Type Services – Housing
Services-Elderly Persons
Services-homeless
Services-Education
Services-Employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative completed a
survey to provide input to
help prioritize the City's
community needs and
attended the community
meeting.
5 Agency/Group/Organization Employment Connection
2022/2023 CDBG Annual Action Plan 11
Agency/Group/Organization Type Services – Employment
Services – Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings, and
invited to participate in the
survey.
6 Agency/Group/Organization Family Healthcare Network
Agency/Group/Organization Type Healthcare
Services - health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey. A representative
attended the community
meeting and the 1st Public
Hearing.
7 Agency/Group/Organization Family Services of Tulare
County
Agency/Group/Organization Type Housing
Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
8 Agency/Group/Organization Food Link of Tulare County
Agency/Group/Organization Type Services- health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
8 Agency/Group/Organization Habitat for Humanity
Tulare/Kings Counties
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Housing Needs Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings and
invited to participate in the
survey.
9 Agency/Group/Organization Housing Authority of Tulare County
Agency/Group/Organization Type Housing
2022/2023 CDBG Annual Action Plan 12
What section of the Plan was addressed by Consultation? Public Housing Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
A representative was
contacted by email to provide
updated information regarding
public housing for the 22/23
Action Plan and notified of
public hearings and invited to
attend.
10 Agency/Group/Organization Kings/Tulare Homeless
Alliance
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families
with children
Homelessness Needs -
Veterans
Homelessness Needs -
Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
by email of community
meeting and public hearings
and invited to participate in
the survey. A representative
attended the community
meeting and 1st public
hearing. Additionally,
notification was provided at
the February membership
meeting and in a newsletter,
and input was requested from
all present members to better
understand the needs and
priorities of the homeless
population and use of funds
for the 22/22 Action Plan.
11 Agency/Group/Organization Kings View
Agency/Group/Organization Type Services – homeless
Services – persons with
disabilities
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2022/2023 CDBG Annual Action Plan 13
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings, invited
to participate in the survey,
and attended the community
meeting.Representative
completed a survey to provide
input to help prioritize the
City's community needs
12 Agency/Group/Organization LINC Committee
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey
13 Agency/Group/Organization LOVE Inc.

Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
public hearings and invited to
attend.
14 Agency/Group/Organization Methodist Church
Agency/Group/Organization Type Faith based
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
15 Agency/Group/Organization New Life Church
Agency/Group/Organization Type Faith based
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
16 Agency/Group/Organization Parenting Network
Agency/Group/Organization Type Services- children
Services- people with
disabilities
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings,
attended the community
meeting and was invited to
participate in the survey.
17 Agency/Group/Organization Porterville College
2022/2023 CDBG Annual Action Plan 14
Agency/Group/Organization Type Services- education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
18 Agency/Group/Organization Porterville Unified School District
Agency/Group/Organization Type Services- education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings,
invited to participate in the
survey, and one representative
attended the community
meeting.Representative
completed a survey to provide
input to help prioritize the
City's community needs
19 Agency/Group/Organization Proteus
Agency/Group/Organization Type Services- employment
Services- education
Community Services
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
20 Agency/Group/Organization Porterville Area
Coordinating Council
(PACC)
Agency/Group/Organization Type Community Services
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
21 Agency/Group/Organization Self Help Enterprises
Agency/Group/Organization Type Services- Housing
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of public hearings and invited
to attend.
22 Agency/Group/Organization Sierra View District
Hospital
Agency/Group/Organization Type Services- Health
2022/2023 CDBG Annual Action Plan 15
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of public hearings and invited
to attend.
23 Agency/Group/Organization St. Anne’s Parish
Agency/Group/Organization Type Faith based
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
24 Agency/Group/Organization Tulare County Health &
Human Services Agency
Agency/Group/Organization Type Services-Health
Health Agency
Other government – County
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative completed a
survey to provide input to
help prioritize the City's
community needs. They were
notified of public hearings
and invited to attend.
25 Agency/Group/Organization Tulare County – Mental
Health
Agency/Group/Organization Type Services-Health
Health Agency
Other government – County
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
26 Agency/Group/Organization Turning Point of Central
California
Agency/Group/Organization Type Housing
Services - homeless
What section of the Plan was addressed by Consultation? Homeless Needs – chronically homeless
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey
27 Agency/Group/Organization United Way of Tulare
County
2022/2023 CDBG Annual Action Plan 16
Agency/Group/Organization Type Services – Health and
Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of public hearing and invited
to attend.
28 Agency/Group/Organization Veteran Affairs
Agency/Group/Organization Type Services – Health, education and employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
29 Agency/Group/Organization Walmart DC
Agency/Group/Organization Type Community Service
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
30 Agency/Group/Organization Westcare
Agency/Group/Organization Type Behavioral health and human services
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
2022/2023 CDBG Annual Action Plan 17
Identify any Agency Types not consulted and provide rationale for not consulting The City reached out to a diverse group of agencies, groups, and organizations for consultation during the City’s outreach period. These groups were also asked to participate in the community needs survey as well as share the survey with other stakeholders. It is possible that members from these organizations participated in the community needs survey, but it cannot be for certain since the survey remained anonymous. Overall, the City did not intentionally exclude any organization from participating.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with
the goals of each plan?
Continuum of Care County of Tulare Connecting the Dots is a Ten Year Plan to prevent and end homelessness in the Kings and Tulare County region. This effort is aligned with the Strategic Plans goal to support activities that prevent and end homelessness.

San Joaquin Valley
Fair Housing and
Equity Assessment
California
Coalition for
Rural Housing
The FHEA provides an overview of racial and economic
segregation patterns in the City and describes its impact on residential mobility. The report also includes a set of recommendations to promote integration in the City and
lessen the negative consequences generated as a result of segregation identified within the report. Both plans focus on supporting and promoting the creation of affordable
housing opportunities for LMI and special needs
households.

City of Porterville
Housing Element
City of
Porterville
The Housing Element identifies the housing needs of the community, goals, and objectives to address those needs, and outlines the community efforts to pursue specific
policies and programs to achieve its goals and objectives.

The Strategic Plan supports the Housing Elements plan to ensure that there is an adequate supply of affordable housing to meet the current and future needs of the population.

Regional
Transportation Plan
and Sustainable
Communities
Strategy
Tulare County
Association of
Governments
(TCAG)
Transportation and access to services is critical for LMI households. This plan considers both land use and
transportation together in a single, integrated planning process that accommodates regional housing needs and
projected growth. This aligns with promoting the creation of affordable housing opportunities for LMI and special needs households.

Regional Housing
Needs Plan for
Tulare County 2014
Tulare County
Association of
Governments
(TCAG)
This plan ensures that affordable housing is equitably
distributed throughout the region. Both plans ensure that there is an adequate supply of affordable housing to meet the current and further needs of the population.
2022/2023 CDBG Annual Action Plan 18
Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with
the goals of each plan?
Pathway Home:

Responding to
Homelessness in
Tulare
Tulare County
Taskforce on
Homelessness
This plan is a regional effort intended to identify, develop, and implement innovative strategies to addressing
homelessness in Tulare County. This effort builds upon the Continuum of Care plan that supports activities that prevent and end homelessness.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
Many organizations were consulted at community meetings, public hearing or by email to engage them in providing feedback. The survey link was also sent and asked to be shared amongst their constituents. Comments are accepted as anonymous to encourage participation.

Draft 2022/2023 Annual Action Plan 19
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting To maximize participation in the preparation of the 2022/23 Action Plan, the City held a community meeting, designed and administered a community needs survey, held two public hearings, and conducted outreach by email, social media and electronic outreach. Additionally, announcements were made at the City’s first time homebuyer education classes and at partner meetings to inform attendees of the AP process and how they could participate. The purpose was to bring awareness and seek input on the City’s housing and community development needs and proposed use of funds to achieve objectives, priorities, and actions for addressing those needs during FY 2022/23. Views obtained during these hearings were considered for the final Action Plan.

Citizen Participation Outreach
Draft 2022/2023 Annual Action Plan 20
Sort
Order
Mode
of Out
-reach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL
(If
applicable)
1 Public Meeting Nontargeted/broad community
A virtual Action Plan
community meeting held on
February 10, 2022 via Zoom.
16 Participants attended.

Feedback included
reinforcement of the need
for homeless services and
programs.

No
comments
were rejected
at the public
meeting.
2 Public Hearing Non-targeted/broad community
1st public hearing (March 14,
2022) there were 3 public
members, 5 CDBG Advisory
Board Members and 7 City of
Porterville staff members.
2nd public hearing (April 19,
2022) during a regular City
Council Meeting. Public
attendance consisted of __
viewers on YouTube, __ via
Zoom, and __ in person. City
Council and City staff were
also in attendance.
1st Public hearing
comment
summary: The
Committee
was presented with
community feedback
from the community
meeting and survey and
they discussed
continuation of current
programs as well as
funding allocations.
2nd Public hearing
comments will be
updated after it takes
place
No
comments
were rejected
at the
1st public
hearing.

Draft 2022/2023 Annual Action Plan 21
Sort
Order
Mode
of Out
-reach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL
(If
applicable)
3 Newspaper Ad Minorities, Non-English Speaking (Spanish), Non-targeted/broad community A total of 4 newspaper ads
were sent to notify the public
about public hearings and
community meetings, which
included a timeline for
Action Plan development; 2
in English and 2 in
Spanish.

Comments will be
updated if any are
received
will be
updated at
end of 30 day
comment
period
4 Internet Outreach Non-targeted/broad community
Internet outreach was done
by email, City webpage, and
social media posts on Parks
& Leisure Services,
Porterville Library,
cityofporterville_ca, and
Choose Porterville pages.

Summary of survey
responses received as a
result of this outreach
will be attached in
Appendices at the end of
30 day comment period.
will be
updated at
end of 30 day
comment
period
5 Printed Materials Minorities, Non-English Speaking (Spanish), Non-targeted/broad community A copy of the survey in
Spanish and English was
available at the public
counter at City Hall, as well
as a copy of the 30-day draft
Action Plan for public
review.

Comments will be
updated if any are
received
will be
updated at
end of 30 day
comment
period
6 Virtual meetings Minorities, Non-English Speaking (Spanish), Residents of Public and Assisted Housing Spanish and English First
Time homebuyer virtual
classes were held in March; 8
people participated in the 8
hour class. At the end of the
class their input was
requested on AP planning
process. They were also
invited to take the survey and
provide any other comments
or suggestions they may
have.

Discussion in support of
housing programs,
homeownership
education, and other
programs that benefit low
income families took
place.

No
comments
were
rejected.

Draft 2022/2023 Annual Action Plan 22
Sort
Order
Mode
of Out
-reach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL
(If
applicable)
7 Partner meetings Non-targeted/broad community
Announcements regarding
the Action Plan were made at
the following virtual
meetings held by partner
agencies: KTHA, LINC,
Habitat, and Porterville
Chamber Government Affairs
Committee Meeting.

Survey links were shared
for participants of the
meeting to participate as
well as dates for
community meetings and
public hearings.

No
comments
were
rejected.

Table 4 – Citizen Participation Outreach
Draft 2022/2023 Annual Action Plan 23
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City conservatively anticipates an annual entitlement of $868,243 per year over the five-year period.

Anticipated Resources
P
r
o
g
r
a
m
Source
of
Funds
Uses of Funds Expected Amount Available Year 3 of Con
Plan
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
C
D
B
G
public - federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services 868,243 18,573 471,791 1,358,608 1,358,608
CDBG funds will
be used for public
improvements,
economic
development, and
public services that
benefit low income
and special needs
households.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City of Porterville is proactive in prioritizing the needs of the community. Staff continues to dedicate time, collaborating with non-profit agencies through the Kings/Tulare Continuum of Care whose main target is to house homeless individuals. The City uses $15,000 in CDBG funds to contribute to the hiring of a case manager for the Permanent Supportive Housing (PSH) Program administered by the Family Services of Tulare County. When available, funds will also be allocated to the Kings/Tulare Homeless Alliance to continue the efforts to end homelessness. The staff works closely with local non-profit agencies using an active referral system where a pool of resources is made available to those in need. City staff continuously promote the housing programs through various methods as well as within several faith-based organizations. When possible, the City uses state funding, such as HOME or CalHome, in conjunction with CDBG funds to create safe and suitable living environments for the low- and moderate-income members of the Porterville community.

Leverage, in the context of entitlement funding, means bringing other local, state, and federal financial resources to maximize the reach and impact of the City’s HUD Programs. HUD, like many other federal agencies, encourages the recipients of federal monies to demonstrate that efforts are being made to leverage additional funds in order to achieve higher results strategically. Leverage is also a way to increase project efficiencies and benefit from economies of scale that often come with combining sources of funding for similar or expanded scopes. Funds will be leveraged if financial commitments toward the costs of a project Draft 2022/2023 Annual Action Plan 24
from a source other than the originating HUD program are documented.

As previously discussed, in addition to its annual CDBG entitlement, the City anticipates HOME Investment Partnerships Program (HOME) funds will be available to meet the goals of the Consolidated Plan. HOME funding is intended to be used for various housing-related programs and activities. HOME funds are generally used to address the housing needs of jurisdictions through the preservation or creation of affordable housing. New construction, housing rehabilitation, assistance to homebuyers, and tenantbased rental assistance are all eligible uses of HOME funds. The City’s HOME dollars come from program income or State grants. For FY 22/23 the city will have available $400,000 in HOME funds from a recently awarded grant, and over $600,000 in program income. These funds will be used to meet affordable housing needs. HOME PI is a result of payments received by the City for First Time Homebuyer Loans made in the past with State HOME grants. The First Time Homebuyer Loan Program will not be allocated New CDBG Entitlement funds. There is an anticipated $10,568 New PI from debt repayment of home loans that will be returned to the RL fund to continue to operate the CDBG FTHB loan program. Remaining carryover on 6/30/2022 or PI for PY 22/23 shall remain and be added to the RL fund to continue the First Time Homebuyer Loan Program.

Additionally, the City leverages its Permanent Local Housing Allocation (PLHA) funds, which is estimated at $2,056,524.00 over five years (2019-2023) for the eligible activity 6 which is defined as, “Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.” If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
During Fiscal Year 2014-2015, the City acquired a property located at the corner of Olive Avenue and Main Street in downtown Porterville. The property was the former site of the Porterville Hotel; a fire destroyed the abandoned building, and the land was vacant. In 2018, the City sold the property to a developer willing to create new retail and office space in the downtown business corridor. Construction was concluded in June of 2020. The three story building is now home to the offices of the Tulare County Public Defender and District Attorney, with additional retail space available. While the COVID-19 pandemic has affected the retail space lease contracts, it is anticipated that remaining spaces will be leased out once the businesses can use them profitably. The outcome of the project is retail opportunities, job creation, and elimination of slum and blight.

The City also owns approximately ten (10) acres of undeveloped property located at the Jaye Street Industrial Complex. These properties are marketed in cooperation with the Tulare County EDC for the recruitment of manufacturing and industrial uses to Porterville. The desired outcome of these projects is job creation.

The City acquired property located at 140 S. C St, in downtown Porterville from the Porterville Unified School District to lease to Turning Point of Central California (TPOCC): TPOCC is responsible for operation of the Porterville Welcome Center, which offers emergency and bridge housing as well as a service Navigation Center for unhoused individuals. The bridge housing can lead to permanent housing offered by other programs mentioned in the Discussion section below.

Draft 2022/2023 Annual Action Plan 25
Discussion
Below is a list of potential financial resources that are considered a part of the City’s overall financial plan to address priority needs and specific objectives identified in the Consolidated Plan. The number and availability of these programs to assist cities are limited, and funding for new projects is unpredictable. The following programs are local, state, and federal programs. None of these are managed locally by the City through funds accessed directly from HUD:
 Housing Authority of Tulare County (HATC): HATC is a public housing authority with jurisdiction within the City and the County. It administers federal and state funds for its public housing projects and government-assisted housing units, such as the Section 8 Housing Choice Voucher Program and Veterans Affairs Supportive Housing (VASH) vouchers.  Low-Income Housing Tax Credit Program (LIHTC): The LIHTC program provides federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years. Tax credits may also be utilized on rehabilitation projects, contributing to the preservation program. The program begins when developers and investors apply for an allocation of tax credits from the California Tax Credit Allocation Committee (CTCAC). Tax credits are awarded on a competitive basis at varying times. Compliance is monitored according to the Internal Revenue Service (IRS) rules and regulations.
 Multi-Family Housing Program: If California’s Housing and Community Development Department awards Multi-Family Housing Program loans to assist rental housing developments affordable to low-income households in the City, the City will assist the developers with identifying local funding.

Draft 2022/2023 Annual Action Plan 26
Annual Goals and Objectives
AP-20 Annual Goals and Objectives Goals Summary Information Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Affordable
Housing
2020 2024 Affordable
Housing
Citywide Affordable
Housing
CDBG: $456,083 Public service activities other than
Low/Moderate Income Housing Benefit: 90 Persons Assisted Homeowner Housing Rehabilitated: 4 Household Housing Unit Direct Financial Assistance to Homebuyers: 1 Household Assisted 2 Homelessness 2020 2024 Homeless Citywide Homeless
Shelters and/or Services
CDBG: $20,000 Public service activities other than
Low/Moderate Income Housing Benefit: 150 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 2 Household Assisted 3 Strengthening
Neighborhoods
2020 2024 NonHomeless
Special Needs Non-Housing Community Development
Citywide Infrastructure
Improvements Neighborhood Services, Community Services
CDBG: $377,925 Public Facility or Infrastructure
Activities other than Low/Moderate Income Housing Benefit: 167815 Persons Assisted Public service activities other than Low/Moderate Income Housing Benefit: 100 Persons Assisted Other: 1 4 Economic
Development
2020 2024 Non-Housing
Community Development
Citywide Job Creation/
Retention Programs
CDBG: $224,735 Businesses assisted: 5 Businesses
Assisted
Table 6 – Goals Summary
Draft 2022/2023 Annual Action Plan 27
Goal Descriptions
1 Goal Name Affordable Housing
Goal Description
This covers housing benefits, homeowner rehabilitation and financial assistance to new low income homebuyers; Homelessness and acquisition of single family homes to rehab for affordable housing, if needed. 2 Goal Name Homelessness
Goal Description
This includes funding for service providers catering to homeless persons, transitional housing and emergency shelters. 3 Goal Name Strengthening Neighborhoods
Goal Description
This includes service provision and infrastructural development such as youth and senior centers, parks and recreational facilities, and sidewalk improvements. 4 Goal Name Economic Development
Goal Description
This includes financing for job placements and training programs as well as funding for Large, Small and Microenterprise loans, as well as CDBG-CV projects if needed.

Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)The City of Porterville intends to continue its First time Homebuyer Program and Owner Occupied Housing Rehabilitation Loan Program to allow families to obtain and/or maintain affordable housing, with a combined goal of helping five extremely low-income, low-income, or moderate-income families in program year 2022/23.

Draft 2022/2023 Annual Action Plan 28
Projects
AP-35 Projects – 91.220(d)
Introduction
The Consolidated Plan goals below represent high priority needs for the City and serve as the basis for the strategic actions the City will use to meet these needs. The goals, listed in no particular order are:
● Assist in the creation and preservation of affordable housing opportunities ● Support activities to prevent and end homelessness
● Support activities that strengthen neighborhoods.
● Expand economic development and employment opportunity programs.

Projects
# Project Name
1 Grant Administration
2 City Operated Youth Center
3 Case Management for PSH
4 Homebuyer Education Program
5 First Time Low Income Homebuyer Program
6 Fair Housing Education Program
7 Owner Occupied Housing Rehabilitation & Public Utilities Loan Program 8 Business Assistance Program
9 Parks Improvement Program
10 Curb, Gutter and Sidewalk Improvements
11 Continuum of Care (LINC Services)
12 Multi-Sport Field Improvement Project
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The priorities were allocated based on the high priority needs identified in NA-50 of the 2020-2024 Consolidated Plan and based on outreach described in the Citizen’s Participation Plan. This is with the exception of administration of the allocations which is a default first priority area for realization of the goals and projects set in the action plan.

Draft 2022/2023 Annual Action Plan 29
AP-38 Project Summary
Project Summary Information
1 Project Name Planning and Administration
Target Area Citywide
Goals Supported Affordable Housing
Homelessness
Strengthening Neighborhoods
Economic Development
Needs Addressed Affordable Housing
Infrastructure Improvements
Neighborhood Services, Community Services
Job Creation/ Retention Programs
Community Facilities
Funding CDBG: $176,744.15
Description Allocation amount: up to 20% of Grant allocation plus up to 20% of current years' (22/23) expected PI. Carry Over: $0 is anticipated carryover from PY 2022/23, however if there is any carryover on 6/30/2023, it will be moved to First Time Low Income Homebuyer Program.

A portion of the CDBG entitlement allocation ($173,648.60) will be used for reasonable planning and administrative costs associated with the administration of the CDBG funds and other related federal requirements. Administration funds will support oversight activities of the housing department, legal services from the City Attorney's Office, and environmental reviews. The actual amount is based on an estimated amount dependent on anticipated Program Income for FY 22/23 (an estimated additional $3,095.55 of PI from other programs).

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
Not Applicable
Location Description Citywide
Planned Activities Planning administration of the CDBG funds and other related federal requirements. Administration funds will support oversight activities of the housing department, legal services from the City Attorney's Office, and environmental reviews
2 Project Name City Operated Youth Center
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Draft 2022/2023 Annual Action Plan 30
Needs Addressed Neighborhood Services, Community Services Funding CDBG: $96,217.35
Description Allocation amount: not to exceed the sum of: up to 15% of Grant allocation plus 15% of prior year (21/22) PI. (Excluding $36,805.10 which will be allocated to other Public Service Programs: Case Mgt for PSH-FSTC, LINC Services-KTHA, Homebuyer Ed. and Fair Housing Ed.) $96,217.35 is estimated using the newly published 2022/23 CDBG Entitlement Grant. However, if PI received exceeds the estimate, this amount can increase to reflect the final PI received at the end of 6/30/2022. Carry Over: $0 is anticipated carryover from PY 2022/23, however if any carryover remains on 6/30/2023 it shall be allocated to First Time Low Income Homebuyer Program. Pandemic Contingency:

If the youth center remains closed for all or part of the year resulting in unexpended funds, the funds shall be directed to the Parks Improvement Program to fund additional park improvement projects.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
100 low income households
Location Description (new location TBD)
Planned Activities A few program objectives include: enhancing self-esteem, building leadership skills, and learning teamwork and the ability to cooperate with others. A sample of the activities for the youth include: participation in City athletic leagues, homework tutoring, arts & crafts, cooking classes, community service projects, and an assortment of video and traditional games.
3 Project Name Case Management for PSH
Target Area Citywide
Goals Supported Homelessness
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $15,000
Description Allocation amount: $15,000 granted it does not exceed the 15% public service Cap. Carry Over: $0 is anticipated carryover from PY 2022/23, however if any carryover remains on 6/30/2023 it shall be allocated to First Time Low Income Homebuyer Program.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
At least two very low or extremely low income families/individuals will benefit from this program in FY 2022-23. Five vouchers are assigned to each of the participating cities, and the remaining vouchers will be available based on need. This program covers a portion of the case management for the PSH program. The other portions are covered by other jurisdictions in Tulare County.

Location Description Citywide
Draft 2022/2023 Annual Action Plan 31
Planned Activities The City of Porterville executed a sub-recipient agreement with Family Services of Tulare County to administer this voucher program that provides services within the City of Porterville with the City funding up to $15,000 annually for the case manager services.
4 Project Name Homebuyer Education
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $1,805.10
Description Allocation amount: $1805.10 will be allocated for PY 2022/23 Carry Over: $0 is anticipated carryover from PY 2022/23, however if any carryover remains on 6/30/2023 it shall be allocated to First Time Low Income Homebuyer Program. This program continues, however it will be mostly funded with HOME Admin funds; unless there is additional CDBG funds available from the public services cap that can be allocated to this project.

CDBG new entitlement funds will be used to prepare low-income renter households for the responsibilities and challenges of homeownership which will facilitate the use of the City's First Time Homebuyer Low Income Loan Program. The City is requiring this eight to nine hour training course as a prerequisite to applying for City assistance in the purchase of their first home.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
60 Households Assisted
Location Description 291 N. Main St. Porterville CA 93257 Planned Activities The curriculum includes, but is not limited to the following topics:
advantages/disadvantages of homeownership, what the applicant can afford, developing budgets, determining debt ratios, explanation of the loan process, down payments, and closing costs, selection of a real estate agent, selection of property, lead base paint visual assessment certification, writing an offer, the escrow process, and maintenance of the home. Using the funding allocation, the City plans to provide this homebuyer education course free of charge to qualified low income persons. The class will be taught in partnership with a local non-profit who is a HUD Certified Housing Counselor.
5 Project Name First Time Low Income Homebuyer Program
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $39,267.34
Draft 2022/2023 Annual Action Plan 32
Description Allocation amount: $0 shall be added from New Entitlement, $10,568.48 is anticipated New PI from debt repayment of home loans that will be returned to the RL fund to continue to operate the CDBG FTHB loan program and $23,000, is the expected carryover in the RL fund on 6/30/2022 to be used in FY 2022/23. Carry over: Any carry over on 6/30/2023 shall remain in the RL fund to continue to fund this program.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
1 income eligible family
Location Description Not Applicable
Planned Activities CDBG program income funds will be used to facilitate movement of lowincome, renter households into the home ownership category with affordable mortgages through a revolving loan program.
6 Project Name Fair Housing Education Program
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding $15,000
Description Allocation amount: $15,000. Carry over: $0 is anticipated as carryover for FY 2022/23, however if any carryover is remaining on 6/30/23 it shall be added to the Youth Center activity if there is a need in that program, if not it shall be moved to the First Time Homebuyer Loan Program.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
30 households assisted
Location Description Citywide
Planned Activities The City will work with Community Services Employment Training (CSET) as a Sub-recipient to conduct outreach and education pertinent to California and Federal Fair Housing laws and best practices to representatives of the housing, lending, and insurance industry and to the public at large within the City of Porterville, such as the annual Fair Housing Conference and report activities quarterly to appropriate city staff, including data on claims, basis of discrimination and demographics of claimants.
7 Project Name Owner Occupied Housing Rehabilitation & Public Utilities Loan Program
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $223,266.36
Draft 2022/2023 Annual Action Plan 33
Description Allocation amount: Old Entitlement Balance of $192,678.15 plus $30,000 from PI and $588.21 from anticipated PI, will be allocated for PY 2022/23. Carry over: If any remaining carryover on 6/30/2023 it shall be carried over into the RL fund to continue funding the Owner Occupied Housing Rehabilitation Program. The Ramp program that is part of the Rehabilitation Loan program may be allocated to a Non-Profit agency as a sub recipient to complete repairs or hire contractors to complete appropriate ADA work.

Using old entitlement and Program Income (PI) funds the City will participate in a meaningful and effective housing rehabilitation program including connection to City water and/or sewer service, to assist low- and moderate-income homeowners and to supplement previous funding allocated in past years to Housing Rehabilitation Loan Program (HRLP).

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
4 Households
Location Description Citywide
Planned Activities Once an applicant is income qualified, an inspection of the premises is made to identify building code deficiencies, applicable lead-based paint mitigations, and zoning violations. For water and/or sewer connection feasibility, verification will be performed by the City's Engineering Department. The applicant is then counseled as to the extent and cost of the work covered by a rehabilitation loan, the process of selecting a contractor, and maintaining an equity reserve after rehabilitation construction. A systemized program evaluating work completed through on-site inspections and progress payment issuance is administered by the City to assure that abuses of the program do not occur. Final payment is held until the City Chief Building Inspector, Rehabilitation Specialist, and homeowner have indicated completion and satisfaction with the work. 8 Project Name Business Assistance Programs
Target Area Citywide
Goals Supported Economic Development
Needs Addressed Job Creation/ Retention Programs
Funding CDBG: $224,735.32
Draft 2022/2023 Annual Action Plan 34
Description Allocation amount: $0 will be allocated for PY 2022/23. Old Entitlement Balance of $161,128.89 plus $19,285.36 from PI and $4,321.07 from anticipated PI, will be allocated for PY 2022/23.

Additionally, $40,000 will carry over from the microenterprise program that did not begin in 2021-22 as anticipated. Carry Over: $0 is anticipated carry over for FY 2022/23. If any carryover is remaining on 6/30/2023 and any new PI received during the year shall be added into the RL fund to continue funding the Business Assistance Loan Programs as the City continues to accept and review applications for those programs.

Program Income and Old Entitlement will be used for the Business Assistance Programs. Large Business Assistance Program (BAP) Revolving Loan Fund: The main objective of this program is to provide financing options to industrial/commercial businesses for the retention and expansion of the job market within the City of Porterville. Small Business Assistance Program (BAP) Revolving Loan Fund: The main objective of this program is to provide "gap" funding for small businesses that are either just starting business in Porterville or are trying to expand their business. Micro Enterprise Program: the main objective of this program is to provide funding for low to moderate income persons to start or expand a business in Porterville.

These funds will continue to be available to use for CDBG-CV funded activities if needed.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
It is estimated that at least 1 business will be assisted with these funds in the large or small business category and 4 microenterprises.

Location Description Citywide
Planned Activities Large Business Assistance Program (BAP), Commercial and Industrial Development. This program will provide financial assistance in the amount of $50,000 or greater. The goal of the BAP is to encourage businesses to expand which will lead to increase business activity, job sustainability, and job creation. Small Business Assistance Program (SBAP): SBAP assistance is a minimum of $1,000 and a maximum of $50,000 and will be directed towards businesses that have the greatest potential for long-term job creation. Micro Enterprise Loan Program Assistance is a minimum of $1,000 and a maximum of $10,000 to assist LMI persons start or expand a business. This funding can also be used for the CDBG-CV funded activities if needed.
9 Project Name Parks Improvement Program
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Needs Addressed Infrastructure Improvements
Funding CDBG: $151,707.95
Draft 2022/2023 Annual Action Plan 35
Description Allocation amount: Remaining amount from all other 2022/23 Entitlement allocations shall be added to the Parks Improvement program currently $151,707.95. Carry Over: $0 is anticipated carryover from PY 2022/23, however if any carryover remains on 6/30/23 it shall be added to the Multi-Sports Field Improvement Project if there is a need in that program, if not it shall remain in the Parks Improvement Program to continue funding park improvement projects at the designated parks.

The main objective of this program is to add or increase access to amenities and improve infrastructure at both Murry Park, Zalud and Fallen Heroes Parks in addition to the Tule River Parkway trail adjacent to Fallen Heroes Park in order to continue to keep the park as a safe, clean, and attractive recreation facility. These funds may also be used for the Multi-Sport Field Improvement Project, since it is also a park project, except that it was given its own activity number due to the large dollar amount that is expected to be allocated, from program income generated from the sale of the Heritage Center.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
15925
Location Description Murry Park, Zalud Park, Fallen Heroes Park, and Tule River Parkway serve Census Tracts 38.02, 41.01 and 41.02, and 39.01 as does the MultiSports Field Improvement Planned Activities Using entitlement and program income the City plans to continue making improvements to Murry Park, Zalud Park, Fallen Heroes Park and the Tule River Parkway trail adjacent to Fallen Heroes Park. 10 Project Name Curb, Gutter and Sidewalk Improvements
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Needs Addressed Infrastructure Improvements
Funding CDBG: $130,000
Description Allocation amount: $130,000. Carry Over: $0 is anticipated carryover from PY 2022/23, however if any carryover remains on 6/30/2023 it shall remain in this program to continue funding curb, gutter and sidewalk improvements in low-mod census tract areas. (if no project is identified, these funds can be used for the Multi-Use Sports Field Improvement Project)
Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
Not Applicable
Location Description Citywide
Planned Activities At least one infrastructure improvement project including Curb, Gutter and Sidewalk improvements in low-mod census tract areas.

Draft 2022/2023 Annual Action Plan 36
11 Project Name Continuum of Care (LINC Services)
Target Area Citywide
Goals Supported Homelessness
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $5,000
Description Allocation amount: $5,000 granted it does not exceed the 15% public service Cap. Carry Over: $0 is anticipated carryover from PY 2022/23, however if any carryover remains on 6/30/2023 it shall be allocated to First Time Low Income Homebuyer Program.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
150 individuals who are experiencing homelessness
Location Description 140 S C St.

Planned Activities Kings Tulare Homeless Alliance will hold ongoing Local Initiatives Navigation Center (LINC) in the City of Porterville. LINC will connect homeless and people at-risk of homelessness with critical services such as health and dental care, employment assistance, housing assistance, legal services, social services and access to mainstream benefits. They will also provide consumables supplies and services to homeless clients (supplies and services include prescription eyeglasses, bus passes, DMV reduced-fee ID cards, sleeping bags, laundry cards, hygiene kits, food) due to Covid-19 some of these activities may be modified to comply with the social distancing requirements of the state mandate. 12 Project Name Multi-Sport Field Improvement Project
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Needs Addressed Infrastructure Improvements
Funding $279,864
Description Allocation amount: $279,864 will be allocated from for PY 2022/23 for improvements to the Multi-Sports Field Improvement Project. Carry Over: $0 is anticipated carryover from PY 2022/23, however if any carryover remains on 6/30/2023 it shall remain in this project to continue funding improvements to this site.

Improvements to 11.6 acres of undeveloped property to the north of the Heritage Center for the use of recreational activity and park space; such as the addition of an artificial turf lighted arena soccer field(s), allweather surface multi-use court with a shade cover and other amenities.

This area would benefit the City Operated Youth Center, serving as an area for outdoor activities.

Target Date 6/30/2023
Draft 2022/2023 Annual Action Plan 37
Estimate the number
and type of families
that will benefit from
the proposed
activities
152,400
Location Description 11.6 acres of undeveloped property to the north of the Heritage Center Planned Activities Improvements or amenities such as artificial turf lighted arena soccer field(s), all-weather surface multi-use court with a shade cover and other amenities.

Draft 2022/2023 Annual Action Plan 38
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
The City has not established specific target areas to focus the investment of entitlement funds as it is citywide. As mentioned in the AP-05, Executive Summary, A map of eligible census tracts is included as part of the Executive Summary. Effective January 1, 2021, Census Tract 39.01 was added as an eligible tract based on the HUD Eligible Census Tract Table
Generator, https://www.huduser.gov/portal/qct/screen2.html.

Geographic Distribution
Target Area Percentage of Funds
Citywide 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Not applicable. The City has not established specific target areas to focus the investment of entitlement funds as it is citywide.

Discussion
See above
Draft 2022/2023 Annual Action Plan 39
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Although entitlement resources are limited, the City does anticipate expending a significant portion of its CDBG entitlement on the preservation and provision of affordable housing. A detailed discussion of how HUD entitlements will be used to support community and economic development needs within the City is provided in AP-35, with the number of households to be assisted itemized by goal.

One Year Goals for the Number of Households to be Supported Homeless 2
Non-Homeless 5
Special-Needs 0
Total 7
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported
Through
Rental Assistance 2
The Production of New Units 0
Rehab of Existing Units 4
Acquisition of Existing Units 1
Total 7
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
Refer to discussion above.

Draft 2022/2023 Annual Action Plan 40
AP-60 Public Housing – 91.220(h)
Introduction
The Housing Authority of Tulare County (HATC) was established in 1945 and is committed to providing rental housing assistance to LMI households, seniors, the disabled, and special-needs populations throughout the region. The agency administers various housing assistance programs, including the public housing program, housing choice voucher program, farm labor program, and senior housing program.

HATC currently provides affordable and well-maintained rental housing to over 5,000 households countywide.

Additionally, HATC is a participant of HUD’s Moving to Work (MTW) demonstration program, which grants participating public housing authorities (PHAs) the ability to test innovative approaches to delivering housing assistance to households in need. MTW is a HUD effort to build and support innovative programs that enhance the efficacy of PHAs. HATC has capitalized on the organizational and procedural flexibility it has gained through MTW to become a more efficient agency.

Actions planned during the next year to address the needs to public housing HATC will continue to own and manage 111 units in the City of Porterville. According to HATC, there is no plan to purchase additional public housing units, nor is there a plan to remove any units from its inventory. In the Fiscal Year 2022-2023, HATC projects to invest a total of $294,025 in Capital Fund improvements for its Public Housing Stock located in the City of Porterville. The noted expenditures will cover maintenance and rehabilitation in public-housing units within the City of Porterville. Capital Fund expenditures will cover a large range of projects, including tree trimming, carpets replacement, ranges, refrigerators, exterior and interior paint, countertops/cabinets, heaters, cement work, fencing as needed for all our sites in Porterville.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
HATC is proactive in the inclusion of public-housing residents in the policy making process. An equitable and transparent policy making process that includes the opinions of public housing residents is achieved through the participation of two tenant commissioners on the HATC Board. Furthermore, HATC has installed a Resident Counsel, which is made up of five residents from all of HUD funded programs (Multifamily Housing, LIHTC, HOME, Section 8 Housing Choice Vouchers and public-housing). The Resident Counsel works with HATC staff on evaluating the effectiveness and efficiency of HATC rental assistance programs. This provides members the opportunity to provide input on necessary program modifications.

A vital driving factor in the implementation of HATC programs is the promotion of tenant self-sufficiency.

HATC views the goal of homeownership for program participants as one of the long term goals for all of our clients. HATC staff works with tenants to effectively provide them with the necessary resources to achieve homeownership and its Annual Re-Examination Notice provides public-housing participants with an extensive referral list that provides assistance with homeownership. This list includes programs managed by: CSET, City of Porterville, Habitat for Humanity, CalHFA, and Self Help Enterprises. HATC’s program coordinator works with any interested public housing tenant in order to effectively inform them of all the different programs that are available to them. Effective collaboration between the agency and other public and nonprofit agencies is imperative to help promote homeownership Draft 2022/2023 Annual Action Plan 41
among all of its tenants.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable. Housing Authority of Tulare County is not a troubled PHA.

Discussion
Refer to the discussion above.

Draft 2022/2023 Annual Action Plan 42
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City of Porterville (City) is closely involved with the Kings/Tulare Homeless Alliance (Alliance), which serves as the local Continuum of Care on Homelessness (CoC). When possible, the City’s programs designed to serve homeless persons are coordinated with the Alliance.

There are several ongoing efforts that the City and Alliance are involved in as collaborative partners.

These collaborations include:
 Monthly Alliance Membership Meetings
 Tulare County Task Force on Homelessness
 Emergency Shelter/Bridge Housing Project
 Local Initiatives Navigation Center (LINC)
 Annual Point in Time Count
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Targeted outreach efforts of unsheltered homeless persons are coordinated with Alliance Housing Navigators and the Kings View PATH Team. Teams canvas the city to conduct outreach to people experiencing homelessness. When an unsheltered person is identified, they are assessed and connected to services. Client information is included in the local Homeless Management Information System (HMIS) so that outreach teams can remain apprised of client status on the housing priority list and other community referrals.

The City will also continue to support the Alliance’s outreach efforts to persons experiencing homelessness through the Local Initiative Navigation Center (LINC) events held at the Porterville Welcome Center.

Weekly LINC events offer housing assessments, connections to mainstream benefits, support service providers, and access to other services on a scheduled basis such as vaccinations, haircuts, prescription eyeglasses, etc. The City will provide $5,000 in FY 22/23 to the Alliance for public services related to LINC.

KTHA will continue to utilize its Landlord Relations Specialist (LRS) who is responsible for marketing homeless housing programs to new and existing landlords and property managers, with the goal of expanding the number of units available to households experiencing homelessness. This individual acts as a liaison between landlords, case managers, and clients decreasing the length of time people experiencing homelessness stay in unhoused situations. The LRS will work in the bi-county region with approximate time divided based on Point in Time numbers. This position was created during the pandemic, and since her hire 10 households have located and moved into units as a result of the work of the LRS.

On an annual basis, the Alliance conducts both a sheltered and unsheltered Point in Time (PIT) count. The one-day PIT survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Porterville who meet HUD’s definition of homelessness. Information gathered through Draft 2022/2023 Annual Action Plan 43
the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless.

Addressing the emergency shelter and transitional housing needs of homeless persons Although the City’s CDBG funding is limited to public services for applicable programs, a high priority is given to the need of providing permanent support housing, emergency shelters and transitional housing, as well as, substance abuse treatment, case management, mental health care, life skills training, etc. through collaboration with the Alliance and its members. Being an active participant in the Alliance, the City plays an important part in the strategic planning for the organization and for applications for funding resources. The City continues to support the efforts of the Alliance and the operators of projects serving those experiencing homelessness such as the Central California Family Crisis Center, Turning Point of Central California, Tulare County Health & Human Services Agency, Westcare, Community Services and Employment Training (CSET), Uplift Families, and other such providers that either provide vouchers or adequate facilities to meet the emergency and transitional housing needs of the homeless and those threatened with homelessness.

The City of Porterville worked closely with Turning Point of Central California to acquire and rehabilitate a school site that now operates as a low-barrier navigation center. The project, Porterville Welcome Center, has 15 beds of low-barrier emergency shelter and 15 beds of low-barrier bridge housing. Since it’s opening in October 2020, the Porterville Welcome Center, connects with an average of 80 people each day.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of Porterville supports and collaborates with local service providers, through the Alliance, to assist homeless individuals and families. Funding priorities include supporting existing high performing housing first rapid rehousing and permanent supporting housing projects.

Furthermore, the City continues their efforts of providing CDBG funds in the amount of $15,000, to Family Services of Tulare County as matching funds, for case management (public services) to support the Tulare Housing First Shelter Plus Care project. This project provides case management services to 5 households at any point in time.

In all Continuum and City-funded projects, persons experiencing homelessness are assessed for housing opportunities and are prioritized based on their acuity. Several projects focus on sub-populations such as youth ages 18-24, veterans, and/or chronic homelessness. All projects within the Continuum- emergency, transitional and permanent housing- include supportive services for their clients. Each project designs and implements supportive services based on their target population and partnerships leveraged within the community. The overarching goal of the supportive services offered is to link individuals and/or families with mainstream benefits and income support, education and employment services, as well as health and Draft 2022/2023 Annual Action Plan 44
life skills services. These linkages are a critical component to assisting clients in self-sufficiency, reducing episodes of homelessness, and preventing recidivism.

Projects that serve these vulnerable subpopulations include:

CSET Permanent Supportive Housing and Rapid Rehousing, Family Services Permanent Supportive Housing, Turning Point and Tulare County HHSA provide PSH projects for chronically homeless individuals and families and/or families with children. The Veterans’ Administration, in conjunction with the Housing Authority of Tulare County, operates the VASH project and Westcare operates the SSVF project that serves eligible veterans and their families. Uplift Families operates a Transitional Housing project for transitioning age youth.

In mid-2021, Tulare County Health & Human Services Agency formed a Homeless Multidisciplinary Team (MDT) to work across all jurisdictions and communities in our county. The intent of the team is to work with city administration and departments such as Parks, Public Works, and first responders such as law enforcement, to help engage with individuals experiencing homelessness and help address the applicable needs and supportive services this population needs to be successful. The team includes representatives from Human Services, Mental Health as well as Alcohol and Other Drug services, and Public Health. The MDT partners with programs such as the Porterville Welcome Center, Family Services, the Kings Tulare Homeless Alliance, Salt + Light Works, Kweah Street Medicine, and numerous other partners to help provide linkage and engagement in robust services. The MDT has deployed in support of the Porterville Police Department to help engage and offer services to the encampments along the Tule River as well as encampments in other regions of the city. Furthermore, the MDT engages with the Task Force on Homelessness to assist jurisdictions in aiding the homeless members of their communities. These efforts include programs such as Project Roomkey and Project Homekey, supportive services at the Welcome Center, the annual Point-in-Time count, and similar activities.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

An important component of prevention/diversion is assisting households with income supports and connections to mainstream benefits. Tulare County Health and Human Services Agency (HHSA) has an SSI Advocacy Unit that focuses on increasing access to SSI and other mainstream benefits. Additionally, the Housing Disability Advocacy Program (HDAP), operated through HHSA, focuses on assisting people with disabling conditions with housing and case management while they are processing their SSI claim.

The SSI/SSDI Outreach, Access and Recovery (SOAR) model is designed to increase access to SSI/SSDI for eligible homeless adults who are and have a mental illness and/or a co-occurring substance use disorder.

Staff from all CoC-funded agencies is required to assist clients in obtaining these mainstream benefits.

Participation by these agencies provides an efficacious method of assisting households who may otherwise pursue homelessness assistance.

Draft 2022/2023 Annual Action Plan 45
Discussion
Please refer to the above discussion.

Draft 2022/2023 Annual Action Plan 46
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

Government policies can cause constraints on Affordable Housing and residential investment. Zoning, site improvement requirements, fees, and exactions, as well as permit fees and procedures, are discussed as barriers to affordable housing. These are identified in the Porterville’s 2015 - 2023 housing element as follows:

1. Land use controls (e.g., zoning) - The City maintains an official Zoning Map that outlines areas where residential uses can be developed. The Development Ordinance defines how those residential uses can be developed. While the intent of zoning standards is to maintain order in the manner in which the city is planned, zoning also sometimes creates limitations in terms of size, height, and locations where affordable units are built. Porterville has made significant strides in the last 20 years to reduce limitations to affordable housing that might be a result of zoning restrictions. The City has adopted ordinances that encourage residential development and increased densities while maintaining requirements that ensure a higher quality of life for the residents of such developments. Porterville’s ordinances accommodate reduced lot sizes, allow multi-family residential in three of the five residential zone districts, and have no restriction on the size of households. Additionally, the City frequently encourages the development community to incorporate affordable units into their projects to qualify for a density bonus, and the additional concessions and/or incentives available for affordable housing. The City continues to evaluate and assess opportunities to reduce impediments to development of affordable housing in this community. One such example currently being reviewed is further reduction of parking requirements for multi-family residential uses, and consideration of parcels without street frontage.

2. Fees and exactions - Every development and infrastructure projects including housing, attract fees and permits from the City. This includes but is not limited to permit issuance fees, development impact fees, engineering and public works fees, and subdivision processing fees. These may significantly increase the construction and/or rehabilitation costs of housing making it increasingly difficult to have a substantial inventory of affordable housing units. It is more expensive to develop multi-family units at an approximated cost of $60,000 in fees compared to single family units at $16,500 in development fees.

3. Permit processing procedures - The processing procedures can have long time frames which in turn, increases development costs. The City implements a multi-agency approach to check compliance within the process with fire, police, planning, building inspectors and city engineers in an attempt to streamline the permitting process.

4. Off Street Parking Standards - Parking is highlighted as a barrier to affordable housing in the City’s 22/23 Annual Action Plan. The cost to build parking for affordable units can exponentially increase development costs, as well as potentially decrease the number of units built if parking is surface level.

Development Ordinance Section 304.04 states that Porterville City Council has power to reduce parking requirements for multi-family developments if a developer can show that the project will not generate a need for as much parking when compared to a project designed for the general market.

5. AB 1482 - Expands rent control to cover units built over 15 years ago and places an annual cap on rent to 5% plus inflation. AB 1482 was signed on 10/8/19, effective 1/1/20; unintentionally causing a surge of eviction notices and large increase in rent towards tenants, specifically for low- income households.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning Draft 2022/2023 Annual Action Plan 47
ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City will continue to assess both its General Plan policies and Zoning Ordinance to assure the process of developing housing for low and moderate-income households are made more accessible. The Housing Element highlights as one of its action plan goals to reduce governmental constraints to the development, improvement, and preservation of housing, particularly to affordable housing for low and moderate-income households. To reach this goal, Porterville has made sure that it is complying with second unit laws.

Additionally, Porterville’s Development Ordinance addresses the following:
 Minimum lot sizes and densities consistent with the Plan’s land use classifications;  Development standards that permit townhouses and zero-lot-line attached or detached singlefamily dwellings on sites designated for low-medium, medium, or medium-high densities;  Development standards that allow second units, small family daycares, and residential care homes in neighborhoods in accordance with State law;
 Sustainable design standards that will achieve compact, walkable neighborhoods and provide an interconnected network of local streets;
 Provisions for emergency shelters, transitional housing, supportive housing, and residential care facilities for six or fewer persons;
 Provisions for Single-Room Occupancy units; and
 Provisions for farmworker housing.

The City’s 2015-2023 Housing Element also recognizes other actions to be taken to preserve and develop more affordable housing in the region. This includes the use of land use designation and zoning to assure the City meets its RHNA need, and push for an increase in mixed-use and infill development.

First Time Low Income Home Buyers Assistance Program- Porterville’s First Time Low Income Home Buyers Assistance Program is used to help low-income households purchase their first homes by providing government assistance with down payments, gap financing and/or closing costs on their home. This is one approach to alleviate the number of residents in need of affordable housing rental units, allowing them to have their own place to call home. The City of Porterville plans to continue this program with past entitlement and prior PI funds in the next year. Additionally, the City has applied for and has been awarded HOME grants funds and applied for CalHOME funds to further assist in this regard.

Governmental barriers to producing housing are minimal; land use regulations, expedited permit processing, and low development fees push for the construction of lower-cost housing units when compared to other Central Valley Communities. A further discussion can be read below:

 Residential Density - Porterville allows for residential densities up to 30 dwelling units per acre.  Zoning and Parking Standards - These standards are not highly stringent, so the minimum single family lot size is enough to persuade developers to build single family units for LMI first time home buyers. The majority of residential zones allow for alternative housing types such as mobile homes, group homes and secondary dwelling units.

Discussion:

Please see above.

Draft 2022/2023 Annual Action Plan 48
AP-85 Other Actions – 91.220(k)
Introduction:

This section discusses the City’s efforts in addressing the underserved needs, expanding and preserving affordable housing, reducing lead-based paint hazards, and developing institutional structure for delivering housing and community development activities.

Actions planned to address obstacles to meeting underserved needs Please see activities in AP-35 to address the housing and community development needs in the City. Also, please see AP-75 regarding potential actions to address barriers to meet the City’s affordable housing needs.

Actions planned to foster and maintain affordable housing Please see AP-15 for actual and potential housing resources available, and AP-35 for activities that will be funded to address the housing and community development needs in the City. Also, please see AP-75 regarding potential actions to address barriers to meet the City’s affordable housing needs.

Actions planned to reduce lead-based paint hazards
At this time, the City of Porterville does not directly oversee a lead based paint (LBP) eradication program, unless it is in partnership with CDBG, HOME, or CalHome funded owner occupied housing rehabilitation projects.

All properties undergoing rehabilitation or acquired for affordable housing are inspected for LBP. No federally funded rehabilitation is allowed to occur without due screening for LBP hazards. The City conducts visual assessment, paint testing or risk assessment on all of its projects. Lead hazard reduction activities include paint stabilization, interim controls, standard treatments, lead abatement, safe work practices and clearance to confirm that no LPB hazards remain when work is complete.

Actions planned to reduce the number of poverty-level families The City continues to confront and alleviate the number of poverty-level families in the coming years. One goal to address that need will be implemented through economic development:
 Expand economic development and employment opportunity programs.

Furthermore, the City has recognized areas that must be addressed to achieve long-term economic prosperity, including the following:
 Ensuring that land within the City is “shovel ready” and available for development.  Educating and training the City’s workforce to continue to fill any new jobs that may be coming into the City.

The City of Porterville will keep working with HATC to ensure adequate amounts of Section 8 Vouchers and other public housing opportunities are available to meet the demand of the City’s LMI population.

Also, the City will work closely with the Tulare County Economic Development Corporation, Tule River Economic Development, CSET, Proteus, and Workforce Investment Board (WIB), to facilitate and enhance economic workforce development opportunities in the City. Additionally, the Community Development Department staff will continue to work closely with the Economic Development Division to administer the CDBG funded Business Assistance Program, which includes CDBG CARES Act (CBDG-CV) funding to help for-profit and non-profit businesses in response to the impacts of COVID-19 and provide operational Draft 2022/2023 Annual Action Plan 49
support to non-profits.

The City will continue to work closely with and in support of the community service providers in meeting the special needs of its homeless and low- and moderate-income populations. Further, the City will continue to evaluate its delivery system and those of the agencies it works with to see if improvements can be made.

The City anticipates that at least one household will qualify for the purchase of a home under the City’s First Time Low-Income Homebuyer Program funded with CDBG, HOME, or CalHome funds.

Actions planned to develop institutional structure
The City will continue to work closely with, and in support of, the community service providers in meeting the special needs of its homeless and LMI populations. The City will continue to participate in the Kings/Tulare Homeless Alliance to ensure coordination and implementation of strategic plans.

The Kings/Tulare Homeless Alliance (Alliance) is made up of a group of advocates, public agencies, homeless individuals and service providers with the purpose of confronting the needs of the homeless population within the Kings and Tulare County regions. Furthermore, in adherence with the institutional delivery system, the City financially supports the Alliance which is recognized as a 501(c)(3) organization of partners. The Alliance also implemented a coordinated entry and assessment system called Every Door Open, to serve both counties. The system’s purpose is to help at risk or current homeless people by prioritizing the most vulnerable homeless people, including the chronically homeless, veterans, families with children and unaccompanied minors obtain necessary services.

Actions planned to enhance coordination between public and private housing and social service agencies
As already discussed above, the City will continue to participate in the Alliance, working with public, private and social service agencies to help homeless people. The City plans to continue working with organizations such as the Salvation Army, Red Cross, the PAAR Center, Central California Family Crisis Center, and Turning Point of Central California, which oversees the Porterville Welcome Center, to provide enough services and need to meet emergency and transitional housing needs of homeless and those vulnerable to homelessness.

The City will also continue to work with the HATC to support the maintenance of adequate Section 8 Vouchers and other public housing within the City in proportion to the City’s LMI population. The City of Porterville will also be working closely with the Tulare County Economic Development Corporation, Tule River Economic Development, CSET, Proteus, and Workforce Investment Board (WIB), to facilitate and enhance economic workforce development opportunities in the City.

Additionally, Community Development Department staff will continue to work closely with the Economic Development Division to administer the CDBG funded Large and Small Business Assistance Programs, Micro Enterprise Program, and CBDG-CV funded programs to help for-profit and non-profit businesses in response to the impacts of COVID-19. The City will continue to work closely with, and in support of, the community service providers in meeting the special needs of its homeless and low- and moderate-income populations. Further, the City will continue to evaluate its delivery system and those of the agencies it works with to see if improvements can be made.

Discussion:

Please see discussion above.

Draft 2022/2023 Annual Action Plan 50
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

AP-35 describes how current and new PI will be allocated.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Discussion:

AP-35 describes how current and new PI will be allocated.

Draft 2022/2023 Annual Action Plan 51
APPENDIX 1: Citizen Participation
(This will be finalized after plan is approved by City Council) CCFCC 11 KTHA 1
City of Porterville 3 PATH 1
CSET 1 Porterville 1
Iglsia Emmanuel 1 Anonymous 3
Kingsview 1
Both 55
Live Only 21
Work Only 12
Neither 5
Northwest 31
Southeast 31
Northeast 16
Southwest 10
N/A 5
FTHB Loan 74
FTHB Education 62
PUAP 57
ADA Wheelchair 48
Fair Housing Education 45
Rehab 44
Small Business Loan 81
COVID-19 59
Microenterprise 35
Large Business Loan 19
Shelter + Care 80
Continuum of Care (KTHA) 70
City Operated Youth Center 69
Parks Improvement 60
Curb/Gutter/Sidewalk Improvements 59
Multi-Sport Field Improvement Project 53

SUMMARY OF CITIZEN PARTICIPATION & COMMENTS RECEIVED
A Community Survey was distributed at virtual meetings and the link to the electronic survey was provided when information was distributed electronically. A paper copy was also available at the public counter of City Hall. A total of 93 survey responses were received, of which 24 were representatives of Agencies, but some remained anonymous as to who they represented.

CURRENT CDBG PROGRAM SUPPORT

LIVE/WORK IN THE CITY OF PORTERVILLE
Community Survey Results
Housing
Economic Development
Agency Representatives that took the survey
Homeless Prevention
Neighborhood Improvement
City of Porterville Quadrant Represented
55 21
12 5
Both
Live Only
Work…
Neither
31 31
16 10
5 Northw…
Southe…
Northe…
Southw…
N/A
74 62
57 48
45 44
FTHB Loan
FTHB…
PUAP
ADA…
Fair Housing…
Rehab
81 59
35 19
Small…
COVID-19
Microenterpr…
Large…
80 70
Shelter + Care
Continuum of Care…
69 60
59 53
City Operated Youth Center
Parks Improvement
Curb/Gutter/Sidewalk…
Multi-Sport Field Improvement…
Homeless Prevention 33
Affordable Housing 27
Strengthen Neighborhoods 23
Business Assistance 0
Homeless Prevention 6 Low-Cost Animal Programs 1
Affordable Housing 4 Public Schools 1
Mental Health 2 Credit Education Program 1
Homeless Shelters 1 Handicapp Accessibility & Parking 1 Shelter + Care 1 Litter Abatement 1
First Time Homebuyer 1 Domestic Violence Programs 1
Sports Complex 3 Public Infrastructure 3
Youth Center/Services 3 Public Roads 1
Parks & Amenities 2 Bike Trails 1
Skate Park 1 Street Lights 1
Library 1
Public Facilities Public Improvements

SUGGESTIONS FOR FUNDING CURRENT AND FUTURE PROGRAMS
Housing Public Services
Existing Programs
New Programs : by Category
33 27
23 0
Homeless…
Affordable Housing
Strengthen…
Business Assistance
0 2
4 6
8 10
12 14
16 Category of New Program Suggestions
Housing Public Facilities Public Improvements Public Services Bridge
Housing
w/Case
Manageme
nt
More Shelters
Adressing
Homelessness
Affordable Housing
Free Transit …
Elderly
Homeless Relocation
Mental Health for
Homeless
Housing First
Programs
Small Business
COVID
Assistance
Entrepreneurship/Sm
all Business Education
Small Business
Assistance
(non-COVID)
Beautification of City
neighborhoods
Incentivize Infill
Construction
Allow ADUs
Little Libraries in
Neighborhoods
Sidewalk, Gutter
Improvements in
Unincorporated Areas
Infill Construction
Youth Centers
Parks & Rec Centers
New Library
Basketball Courts
Walking
Paths/Trails
Temporary Library
Daycares More
Parks
Botanical Gardens
Drug/Alcohol
Prevention programs

FUNDING SUGGESTIONS
Draft 2022/2023 Annual Action Plan 52
APPENDIX 2: Resolution and Proposed Budget
(This will be finalized after plan is approved by City Council) Draft 2022/2023 Annual Action Plan 53
APPENDIX 3: SF-424s and Certifications
(This will be finalized after plan is approved by City Council) RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE APPROVING THE 2022/2023 ACTION PLAN AND PROPOSED USE OF

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
BE IT HEREBY RESOLVED that the City Council of the City of Porterville does hereby approve the 2022-23 Action Plan, attached as Exhibit A, and proposed use of Community Development Block Grant Funds with a 2022 Program Year Entitlement Allocation as follows:

Administration $ 173,648.60
City-Operated Youth Center $ 96,217.35
Case Management for PSH-FSTC $ 15,000.00
LINC Services-KTHA $ 5,000.00
Homebuyer Education $ 1,805.10
Parks Improvement Program $ 151,707.95
Multi-Sports Field Improvement Project $ 279,864.00
Curb, Gutter, Sidewalk Project $ 130,000.00
Fair Housing Education $ 15,000.00
Total Funding $ 868,243.00
PASSED, APPROVED AND ADOPTED this 19th day of April, 2022. _________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
BY __________________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 13.

CITY COUNCIL AGENDA – APRIL 19, 2022
SUBJECT: Resolution and Letter of Support for Tule River Tribe Water Settlement Legislation
SOURCE: City Manager's Office
COMMENT: After nearly thirty (30) years of advocacy, the Tule River Tribe successfully settled its water rights in November 2007 by signing a Settlement Agreement with water users on the South Fork of the Tule River. The Settlement Agreement secures a domestic, municipal, industrial and commercial water supply for the Tribe. Since 2007, the Tribe has been seeking federal legislation to ratify the Settlement Agreement and authorize appropriations to develop the water rights through the creation of water infrastructure and reservoirs on the Tule River Reservation. Legislation introduced in the House and Senate in 2007, 2008 and 2009 did not pass. The Tribe continues to work with the federal Bureau of Reclamation on necessary studies for the feasibility and design of the Tribe's water storage project.

RECOMMENDATION: That the City Council consider the draft Resolution and Letter of Support for the Tule River Tribe's federal water settlement legislation.

ATTACHMENTS: 1. Draft Resolution - Tule River Tribe Water Settlement Legislation

2. Draft Letter of Support to Senator Feinstein

3. Draft Letter of Support to Congressman McCarthy

4. Resolution and Letter of Support for Tule River Tribe Water Legislation - September 2006

5. Tule River Tribe Water Rights Settlement - November 2007

6. 2009 HR 1945 - Tule River Tribe Water Development Act Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
RESOLUTION _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

SUPPORTING THE INTRODUCTION OF FEDERAL LEGISLATION AUTHORIZING

THE FUNDING OF A WATER CONTAINMENT/DELIVERY SYSTEM FEASIBILITY

STUDY FOR THE TULE RIVER TRIBE OF CALIFORNIA
WHEREAS, the provision of a stable, secure water supply to the Tule River Tribe of California Reservation, as well as to its downstream neighbors on the South Fork of the Tule River, is a major component in the future growth of Tulare County, California; and
WHEREAS, the Tule River Tribe of California, the Tule River Association and the South Tule Independent Ditch Company have been negotiating for many years, in conjunction with the United States Department of the Interior, to quantify the amount of water the Tule River Tribe is entitled to receive through a water rights plan; and WHEREAS, it is now prudent to introduce legislation that will manifest these negotiations and quantify the Tribe’s federal reserved water rights and provide funding to enact its provisions;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Porterville that the City Council hereby recommends that the Tule River Water Rights Settlement bill be introduced by the Office of United States Senator Dianne Feinstein and United States Congressman Kevin McCarthy.

PASSED, APPROVED, AND ADOPTED this 19th day of April, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk

)

TULE RIVER TRIBE RESERVED WATER RIGHTS SETTLEMENT

AGREEMENT BETWEEN THE TULE RIVER INDIAN TRIBE,

THE TULE RIVER ASSOCIATION, AND

THE SOUTH TULE INDEPENDENT DITCH COMP ANY
This Water Rights Settlement Agreement is entered into by and between the TIJLE RIVER INDIAN TRIBE OF CALIFORNIA, the TULE RIVER ASSOCIATION, and the SOUTH TIJLE INDEPENDENT DITCH COMP ANY, for the purpose oflegally quantifying and establishing all of the reserved water rights of the Tule River Indian Tribe of the Tule River Reservation, California.

ARTICLE 1-PREAMBLE
I.I Pursuant to the Act of April 8, I 864, 13 Stat. 39, the President of the United States, by a series of three Executive Orders, on Januaiy 9, 1873, October 3, 1873, and August 3, 1878, set aside ai1d defined the boundaries of the original Tule River mdian Reservation for the purpose of providing a permanent and sustainable homeland for tl1e Tule River Indians of California (Tribe). ~ Pursuant to the docn-ine of federally reserved water rights, the Tribe has a right to water sufficient to ensure that the Reservation provides a pe,manent and sustainable homeland for the T1ibe.

1.3 Since 197!, the Tribe has diligently worked to establish its federally reserved water rights in order to ensure that the Tribe has sufficient water to meet its current and future water needs. 1 .4 The Tribe's right to water can best be resolved by a single, comprehensive settlement agreement entered into by and between the Tribe and other affected water users impacted by the Tribe's use of its water right, which Agreement will be subsequently ratified by the United States Congress.

1.5 The Tule River Association and the South Tule mdependent Ditch Company possess, either directly or indirectly, claims of water rights on the South Fork of the Tule River.

1.6 It is the intent of the .parties that the water allocation agreements memorialized in the Agreement of May 3, 1922 continue to be fulfilled under this Settlement Agreement when the Tribal reservoir or reservoirs contemplated by this Settlement Agreement are constructed. This will be accomplished through the implementation of agreed-upon mitigating provisions designed to compensate for the changed circumstai1ces resulting from the construction of the contemplated reservoir or reservoirs on the Reservation.

I. 7 It is the intent of tlie paities to this Agreement to determine finally and forever all rights of the Tule River Tribe tO water on, under, adjacent to, or otherwise appurtenant to the original Tule River Reservation, to settle existing disputes and-remove causes of future controversy between the Tribe and other parties to this Agreement concerning use of the water of the South Fork of the Tule River and its tributaries, and to settle claims by the Tribe against the United States regarding past water rights related dainages. Therefore, the paities agree as follows.

ARTICLE 2 - DEFINITIONS
The following defmitions shall apply for purposes of this Agree111ent:

2.1 "Acre-foot" or "af' means the amount of water necessary to cover one acre to a depth of one foot and is equivalent to 43,560 cubic feet or 325,850 gallons of water.

2.2 "Acre feet per year" or 1'AFY" means a quantity of water measured in acre feet over a twelve month period beginning on October I and ending on September 30 of the following year.

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2.3 "Agreement of 1922" or "1922 Agreement" means the Agreement of May 3, 1922, between the United States of Ame1ica, acting through the Secretary of the Interior on behalf of the Tule River Tribe, and the South Tule Independent Ditch Company.

2.4 "Average daily flow" means the flow at a particular gaging station calculated as the average of the recorded 15-minute flows over a continuous 24 hour period.

2.5 1'Consume" means to use water in a manner that makes it unavailable for use by others.

2.6 "Cubic feet per second" or "cfs" means a.rate·of water discharge equivalent to approximately 44&.8 gallons per minute or slightly more than 646,300 gallons per day.

2.7 "Dead pool" means that volume of water in a reservoir which is below tile invert of the lowest outlet conduit and not susceptible to release.

2.8 11DCMI'' means "domestic, commercial, municipal, & industJ.iaP'.

2.9 "Divert" means to remove water from its natural course or location by means of a ditch, canal, flume, bypass, pipeline, conduit, we1l1 pump, or other, structure or device, or act of a person.

2.10 "Domestic use" means the diversion of water by one or more individuals, family units or households for drinking, cooking, laundering, sanitation and other personal comforts and necessities; and for the inigation of a family garden, lawn, or landscaping.

2. I 1 "Federa1ly reserved water rights" or "reserved water rights' 1 means water rights existing by necessary implication from the setting aside of a reservation by the United States for an Indian°· tribe; such rights are rooted in the Supreme Com1 decision in Winters v. United States, 207 U.S. 564 (S.Ct. 1908).

2.12 "Gage 11203580" or "Gage 3580" means the water flow measurement gage owned by the Tule River Tribe, maintained by the United States Geological Survey pm·suant to an annual contract with the Tribe, and located on the South Fork Tule River near the Cholollo Campground and upstream of the proposed Tribal Phase I reservoir.

2.13 "Gage 11204100" or "Gage 4100" means the water flow measurement gage owned by the Tule River Tribe, maintained by the United States Geological Survey pursuant to an annual contract with the Tribe, and located on the South Fork Tule River near the west Reservation boundary.

2.14 "Minimum pool" means that quantity of water in a storage reservoir which, under the operation rules of the reservoir, is exempt from release to downstream users.

2.15 "Mitigation" or "Mitigating provisions" or "mitigating agreements" means measures agreed to by the parties to this Settlement Agreement in order to lessen adverse impacts upon downstream water users resulting from the exercise of the Tribe's rights under tl1is Settlement Agreement.

2.16 "Original Reservation" means the reservation set aside for the Tribe by a series of Executive Orders on January 9, 1873, October 3, 1873, and August 3, 1878, as depicted on the map attached hereto as Exhibit A and is used in this Agreement for purposes of defining the on-Reservation place of use of the Tribe's.federally reserved water rights.

2.17 "Outflow" means the water that is discharged from a reservoir and includes reservoir spills.

2.18 "Parties" means the Tule River Tribe, the South Tule Independent Ditch Company, and tl1e Tule River Association.