Agenda packet — Porterville City Council, May 3, 2022 (part 2 of 3)

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Transportation Art
Locator Map
Date Printed: 4/27/2022 by the Community Development Department 1 in = 2,500 feet ±
Project Location
City Limits
Revised (01_14_2020)

TRANSPORTATION ART PROPOSAL

INSTRUCTIONS
Use Adobe Reader "Fill and Sign" tool to complete the form • The Transportation Art Proposal (TAP) must be submitted for review and approval with the district Transportation Art Coordinator (coordinator) prior to submittal of Caltrans Encroachment Permit Application.
• Applicants must be a public agency. The public agency may be a city, county, incorporated town, tribal government, or non-federally recognized tribe representing the area in which the transportation art or community identification will be installed.

The proposal must be completed in its entirety and signed by an official who is authorized by the public agency to commit the required local resources for the installation and maintenance of the proposed project.
• If a proposal is submitted for multiple locations under one project at the same time, the Cover Sheet should indicate the project's priority to assist Caltrans in conducting timely reviews.
• Submit 1 electronic copy for preliminary review. Please see https://dot.ca.gov/programs/traffic-operations/ep for Encroachment Permit submittal requirements once TAP has been approved for processing. • Do not attach a separate cover. Place the Cover Sheet of the TAP on top and follow instructions for attachments. Any attachments should clearly identify the project name, location and related section of proposal. Attachments should be in a reproducible format, sized at 8.5 " x 11". Drawings/maps should not exceed 11" x 17" (folded accordion style), but 8.5" x 11" is preferred. Photographs or photo simulations should be large enough to show overall composition of the Transportation Art in context with the proposed location. Additional photographs, drawings or photo simulations may be requested by the district coordinator to show detail that would allow Caltrans to evaluate suitability for installation within the State right-of-way. • Upon district coordinator approval of the draft TAP, including draft Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork (Caltrans Copyright Assignment, CCA), Local Agency Agreement (LAA), and Project Specific Maintenance Agreement (PSMA), the coordinator will advise the applicant to submit the proposal to the Caltrans District Encroachment Permit Office for processing as an encroachment permit application. The applicant must provide any additional information and clearances requested by the Permits Office before approval of the encroachment permit.
• Please contact your district coordinator with any specific questions.

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TRANSPORTATION ART PROPOSAL (TAP)

COVER SHEET
Public Agency: Stand-Alone Project
Associated with a Capital
Project EA:
(Check applicable box)
Official Project Name (must match on all documents):

City: County:

Local Cross Street Name:

State Highway / Route: Post Mile / Bridge No.: /
Public Agency Responsible Contact Person
Name:

Title:

Mailing Address:

Phone: Email:

Nature of Transportation Art:

Mural (Painting)
Mosaic
Statue or Sculpture (Freestanding)
Other (Explain)
Proposed Installation Date:
(Check one below)
Permanent installation
(Projected lifespan): years
Temporary installation
(Removal date):

City of Porterville
06-0Q432_
Porterville Intersection Improvements Project
Porterville Tulare County
SR 190
Westwood Rd.

Jason Ridenour
X
PM 13.45
Community Development Director, City of Porterville
(559) 782-7460 [email protected]
X
X
291 N Main Street
Porterville, CA 93257
Revised (01_16_2020)
(Caltrans Office Use)
Permit Engineering Evaluation Report (PEER) required: Yes No (If "Yes,” see Exhibit F- )
TABLE OF CONTENTS:

Cover Sheet
Applicant Certification
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork Exhibit A - Local Agency Agreement
Exhibit B - Final Artwork
Exhibit C - Material Object
Exhibit D - Project
Exhibit E - Preliminary Works
Exhibit F - Transportation Art Proposal
Project Specific Maintenance Agreement
Attachment A - Proof of Insurance
X
Revised (01_16_2020)
Transportation Art Proposal

APPLICANT CERTIFICATION
This serves as the official document fulfilling the requirements of Caltrans Project Development Procedures Manual (PDPM) described on pages 29-87 and 29-88.

I certify that the - (Public Agency Applicant) approves of the proposed transportation art or community identification project, and is the responsible public agency representing the community where the transportation art or community identification will be installed. The - (Public Agency
Applicant) will adhere to and remain in compliance with Caltrans' rules, regulations and any additional restrictions Caltrans may apply to the transportation art or community identification project, including:
• All costs associated with the design, engineering, testing, construction and installation of the proposed transportation art including labor, materials, supplies, and traffic control, maintenance and removal.
• Obtaining and documenting local community support and acceptance for the transportation art project.
• Providing an executed and notarized CCA containing terms and conditions between Caltrans and the artist(s).
• Executing a PSMA with Caltrans detailing regular maintenance and removal of the transportation art at the end of its projected lifespan, or when requested by Caltrans, and returning the site to a condition as good as or better than at the start of the project. • Providing a Local Agency Agreement (LAA) containing indemnification language acceptable to Caltrans, between - (Public
Agency Applicant) and the artist(s).
• Providing the name and current contact information of each responsible person who will be working within the State highway right-of-way to install, maintain, rehabilitate or remove the transportation art or community identification.

By signing below, I confirm that I have the authority to act as the signatory for - (Public Agency Applicant) and that the
statements above are true to my knowledge.

Signature: Date:

Print Name: Title:

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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork (Place contract behind this sheet. Exhibit A-F cover sheets and descriptions follows.) Revised (01_16_2020)
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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT A
Provide a copy of all agreements between the artist(s) and the public agency pertaining to ownership, copyrights, installation, operation, maintenance and removal of the transportation art or community identification, referred to as the Local Agency Agreement (LAA). The LAA must include Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork by reference, and specifically state the following:
“Artist hereby agrees that all copyright interests, title, and ownership in the Artwork shall be owned by the California Department of Transportation (Caltrans). Artist acknowledges that by signing, executing and notarizing Caltrans Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork agreement, which is hereby incorporated by reference and made part of this Agreement and attached as Exhibit , Artist has conveyed, transferred, and irrevocably assigns to Caltrans, the Artists’ entire and exclusive copyright interests under federal and state copyright laws.”
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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT B
as
described in the Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork, is incorporated by reference, and includes all items included in Material Object and Preliminary Works. (No item is required to be inserted behind Exhibit B.) Final artwork official project name: Mighty 190
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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT C
Material Object is the tangible visual Final Artwork. Photographs of the Material Object are to be added as Exhibit C upon completion of the installation.

Estimated completion date:

Actual completion date:
10/01/2024
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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT D
Project refers to the items processed to approve this Transportation Art Proposal (TAP).

Please fill out Exhibit D checklist and include supplemental attachments as needed.

Supplemental items added to Exhibit D shall be named accordingly: Exhibit D-1, Exhibit D-2, Exhibit D-3, etc.

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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT D
Checklist 1 of 1
Included N/A
Written evaluation of alternate locations outside the highway right-ofway. For freestanding Transportation Art (sculptures) only.

Exhibit D -
Description of Transportation Art content, size, and material types.

Content: (Emotional or intellectual message)
Size: Material Type:

Exhibit D -
Structural Plans, Installation Plans, and Details stamped and signed by a California licensed engineer - for all art that is freestanding, new structures, or any modifications of existing Caltrans' structures.

Exhibit D -
Installation Plans. If engineered, must be signed and stamped by California licensed engineer.

Exhibit D -
Traffic Control Plans and Specifications. May use Caltrans standard plans if applicable or supply their own California licensed engineer stamped plans.

Exhibit D -
Reproducible drawings, sketches, photographs, or other appropriate renditions of visual Final Art to be installed. (Does not include Preliminary Work.

Exhibit D -
30"T x 42" W Porcelain Enamel
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1 Revised (01_16_2020)
Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT E

EXHIBIT E
Preliminary Works are any sketches, drawings, drafts, concepts, models, or other renditions that were used to develop the Final Artwork. Include copies or photographs of all Preliminary Works used as Exhibit E.

Preliminary Design
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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT F

EXHIBIT F
This Transportation Art Proposal is Exhibit F of the Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork.

Please answer the following questions and fill out the Exhibit F checklist. Include supplemental attachments as needed. Supplemental items added to Exhibit F shall be named accordingly: Exhibit F-1, Exhibit F-2, Exhibit F-3, etc.

Does the Transportation Art: Yes No
Contain text?
Display symbols or icons such as flags, logos, or commercial symbols, except as allowed in Sub-article "Sponsor Recognition" in the PDPM Chapter 29, Section 9, Article 1?
Make use of or simulate colors or combinations of colors reserved for official traffic control devices described in the California Manual on Uniform Traffic Control Devices?
Imitate, obscure, or interfere with traffic control devices? Include illumination (such as blinking or intermittent lights) that impairs the vision of or distracts transportation system users?
Conform to provisions of the California Outdoor Advertising Act? Interfere with airspace above the roadway?
Simulate movement or include moving elements (kinetic art)? Include reflective or glaring surface finishes?
Restrict sight distances?
Include images that may be distracting?
X
X
X
X
X
X
X
X
X
X
X
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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT F
Checklist 1 of 4
Included N/A
Artist(s) resume and background.

Exhibit FArt which includes paint or stain must adhere to the following:
➢ Paint used on structures should not fill or obscure cracks. Latex or other flexible type paints may be used on concrete structures only with written permission from the Headquarters Division of Maintenance-Structure Maintenance and Investigations.
➢ Painting of steel structures will only be permitted with written permission from the Headquarters Division of MaintenanceStructure Maintenance and Investigations. ➢ Painted art should avoid load-carrying, stress-bearing structural members including, but not limited to bridge girders, soffits, columns, and piers. Wing walls and abutments are preferred locations for painted art.
➢ Artwork must not hinder inspection of bridges, retaining walls, and other structures.
➢ To facilitate Caltrans’ inspection, mural art may be placed on removable panels.
➢ Chipping, blasting, or modifying existing concrete surfaces is prohibited, unless required by Division of Maintenance-Structure Maintenance and Investigations.

Include paint or stain specifications and protective coating specifications if it is included.

Exhibit F -
Proposed Construction Schedule.

Exhibit F-
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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT F
Checklist 2 of 4
Included N/A
Environmental Documentation or Notice of Exemption.

Exhibit F-
Permit Engineering Evaluation Report (PEER) - attach if indicated as needed on the TAP Cover Sheet.

Exhibit FProposed Location Plans, showing topography, and dimensions and offsets to right-of-way lines, edge of pavement, centerline, and the clear recovery zone.

Exhibit F-
Railroad Right-of-Way - does any part of the project encroach on, cross, or exists within 25 feet of a railroad right-of-way? If so, describe the nature of encroachment, the impact, and whether an
agreement or permit is in place between the railroad and the public agency that covers the encroachment.

Exhibit FProposed Cost Estimate and valuation of the completed artwork.

Exhibit F-
Soil Disturbance - if the project requires the disturbance of soil, estimate the area of disturbance (SQFT or Acres) and describe the nature of disturbance.

Estimated Disturbed Area: SQFT/Acres
Exhibit F-
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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT F
Checklist 3 of 4
Included N/A
Utility Plan - if any part of the project affects existing utilities, describe the type and owner of utility affected and how they will be impacted or mitigated.

Exhibit FProposed Lighting Plans signed by a California licensed electrical engineer, and non-State supplied source of electrical power.

Exhibit F-
Freestanding Sculpture- is any part of the project within 52 feet of the edge of traveled way of a State highway, expressway, or freeway? YES NO
If "Yes", submit approved Caltrans Design Exception Fact Sheet for change in setback of Discretionary Fixed Object (HDM 309.1(2)(b)) and provide a traffic control plan for review and, unless it is made breakaway or shielded behind existing guardrail, barrier, or other safety device.

Exhibit F-
Sponsor Recognition may be included; such as the name, identifying logo, or symbol of the artist, public agency, and/or financial sponsor(s). It must be unobtrusive, discrete, and not appear to be an integral part of the object. It may be placed on or adjacent to the transportation art and is not considered to be "text". Caltrans retains sole discretion for determining the appropriate size, content, colors, and other elements of this recognition. If including Sponsor Recognition, include exhibit that clearly shows what the recognition will look like, what it says, how it's applied, and where it will be located.

Exhibit F-
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Transportation Art Proposal
Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork

EXHIBIT F
Checklist 4 of 4
Sponsor Recognition Disclaimer Statement - if Sponsor Recognition is included, must add a disclaimer statement that Caltrans does not endorse the sponsor’s products and/or services and that the sponsor’s name only appears as a reference as the source of sponsorship. This disclaimer must be placed in a conspicuous manner adjacent to the sponsor’s name.

Exhibit F-
Project Construction Specifications.

Exhibit F-
Draft Maintenance Agreement-Prior to the issuance of the Project Specific Maintenance Agreement (PSMA), provide a brief description of the long-term maintenance plan and schedule. Discuss regular cleaning, graffiti removal, damage repair, removal of art (if necessary), and other work as required.

Exhibit F-
Community Review and Pubic Agency Resolution. The signed Cover Sheet of the Transportation Art Proposal, plus the pending Project Specific Maintenance Agreement (PSMA) are considered adequate documentation for Public Agency commitment in lieu of issuing an adopted resolution.

When the Transportation Art Proposal is determined to be a Qualified Proposal by the Caltrans District Transportation Art Coordinator, the Local Agency should schedule a Community Review, secure and document community acceptance.

Exhibit F-
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Transportation Art Proposal
Project Specific Maintenance Agreement (PSMA)
(Place contract and its attachments behind this sheet. Although a draft PSMA is enough for the TAP review, an Encroachment Permit will not be issued without the final executed PSMA in place.)
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Transportation Art Proposal
Project Specific Maintenance Agreement (PSMA)

ATTACHMENT A

ATTACHMENT A
Proof of Insurance is required via Section 15 of the PSMA. Please attach a certificate of insurance as ATTACHMENT A.

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Item No. 13.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Intent to Set a Public Hearing to Transition to Phase III of the City's Water Conservation Plan
SOURCE: Public Works
COMMENT: The City's Water Conservation Plan is structured in an effort to provide conservation results, reducing the overall residential consumption and continuing to provide uninterrupted services to the community without compromising the operation of the City's water distribution system. The City has been operating through the winter months in Phase IV of the City's Water Conservation Plan. As part of the Phase IV implementation, the City reduced watering days through the winter months, to a one day per week watering schedule, based on address. If an address ends with an "odd" number, the watering day is Saturday; if an address ends with an "even" number, the watering day is Sunday. 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, Tuesday, Wednesday, Thursday, or Friday.

Conservation reduction guidelines presented in the past by State Governor Executive Orders and subsequent regulations adopted by the State Water Resources Control Board encourage conservation as a way of life. Taking into consideration the State Waterboards Self-Certification criteria for the City of Porterville, the City Council approved maintaining the current imposed conservation standard of twenty-six percent (26%) less than the production of the 2013 calendar year. 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, also 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).

In response, the City has developed a Conservation Plan that has been effective while still allowing some flexibility throughout the community. The City's Conservation Plan is an Odd/Even watering schedule composed of Five Phases; Phase I is a Voluntary 3-Day Watering week Schedule; Phase II is a Mandatory 3-Day Watering week Schedule; Phase III is a Mandatory 2-Day Watering week Schedule; Phase IV is Mandatory 1-Day Watering week Schedule, and Phase V is a No Outdoor Watering schedule.

Through the implementation of mandatory conservation, the City has been able Item No. 13.
to maintain a cumulative conservation total reduction of 24.5% Gallons Per Capita Per Day (June 2015 through March 2022). In order to maintain conservation reductions, while providing flexibility to local residents, it is staff's recommendation to evaluate seasonal changes in temperature and the need to transition from Phase IV to Phase III of the City's Water Conservation Plan.

Staff recommends Council consider setting a Public Hearing for May 17, 2022, to determine the transition to Phase III of the City's Water Conservation Plan (Phase III is a Mandatory odd/even 2-day watering week schedule). Odd addresses would be allowed to water on Tuesday & Saturday and even addresses on Wednesday & Sunday. The City's Water Conservation Plan applies to all water users within the City's service area.

RECOMMENDATION: That the City Council direct the City Clerk to notice a Public Hearing to discuss the transition from Phase IV to Phase III of the City's Water Conservation Plan at its meeting on May 17, 2022.

ATTACHMENTS: 1. Drought Response Phase III Flyer

2. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
The City of Porterville has adopted Phase III of its Drought Response Plan.

As part of the Phase III plan, the City has restricted watering days to two days 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 ON

MONDAYS, THURSDAYS,
AND FRIDAYS.

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

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

OR
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.

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. 14.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Consideration of Sierra Valley Tentative Subdivision Map Extension SOURCE: Community Development
COMMENT: The Sierra Valley Tentative Subdivision Map 2-2010 was approved on December 7, 2010, with the adoption of Resolution 126-2010. The location of the approved map is generally located on the east side of North Main Street between Westfield Avenue and the southerly Intersection of Highland Drive and Marshall Street.

As a result of the series of legislative map extensions approved by the California legislature and the City Council, including Assembly Bills (208, 116, 1303, and 1561), and Resolution 03-2019, this map has received nine years and six months of extensions. It is noteworthy that the City has adopted a new General Plan and approved a comprehensive revision of the zoning and subdivision Ordinances, now known as the Development Code since the approval of the tentative subdivision map. Due to the fact that Sierra Valley Tentative Subdivision Map 2-2010 was not adopted as a vested tentative map, the subsequent development will be held to the new design and development standards of the City.

The applicant has submitted a request to extend the life of the Sierra Valley Tentative Subdivision Map 2-2010 for an additional twenty-four (24) months.

The subdivision map is currently set to expire on July 15, 2022. Government Code Section 66452.26 allows the Council to grant a discretionary extension of time, in addition to discretionary extension under Government Code Section 66452.6(e) and not to exceed twenty-four (24) months, for an approved tentative map if the expiration date of said approved tentative map was extended pursuant to Government Code Section 66452.25 (AB 1303).

The subject map meets the criteria under Section 66452.6(e) of the California Government Code, and the applicant has requested that the Council extend the expiration date of the Sierra Valley Tentative Subdivision Map 2-2010 for an additional twenty-four (24) months. The tentative subdivision map was previously evaluated for environmental concerns and the Council approved Resolution 125-2010. Therefore, no further environmental review is required.

Approval of the time extension will allow the applicant an opportunity to keep the map active and be able to develop the subdivision.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the 24-month extension for the Sierra Valley Tentative Subdivision Item No. 14.

Map.

ATTACHMENTS: 1. Sierra Valley Tentative Subdivision Map

2. Draft Resolution

3. Resolution 125-2010

4. Resolution 126-2010

5. Resolution 03-2019
Appropriated/Funded:

Review By:

Department Director:

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

RESOLUTION NO. ____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING OF A 24-MONTH EXTENSION OF TIME FOR THE SIERRA VALLEY TENTATIVE SUBDIVISION MAP 2-2010, THAT 22± ACRE SITE GENERALLY

LOCATED ON THE EAST SIDE OF NORTH MAIN STREET BETWEEN WESTFIELD

AVENUE AND THE SOUTHERLY INTERSECTION OF HIGHLAND DRIVE AND

MARSHALL STREET

WHEREAS: On December 7, 2010 the City Council of the City of Porterville adopted a Mitigated Negative Declaration of environmental impact for the Sierra Valley Tentative Subdivision Map 2-2010 (“Sierra Valley Tentative Map”) via resolution 125-2010; and WHEREAS: On December 7, 2010, the City Council of the City of Porterville approved the Sierra Valley Tentative Map via Resolution 126-2010, said map being valid for an initial period of twenty-four (24) months through December 7, 2012; and

WHEREAS: Legislative extensions pursuant to Assembly Bills 208, 216, and 1303 extended the life of the Sierra Valley Tentative Map for a total of six (6) years of legislative extensions through December 7, 2018; and
WHEREAS: Government Code Section 66452.6(e) allows the City Council to grant discretionary extensions to the life of an approved tentative map for a period or periods not to exceed a total of six (6) years; and
WHEREAS: Pursuant to Government Code Section 66452.6(e) and acting on a timely submitted application, on January 15, 2019 the City Council of the City of Porterville approved a twenty-four (24)-month extension for the Sierra Valley Tentative Map via Resolution 03-2019, extending the map through January 15, 2021; and
WHEREAS: Assembly Bill 1561 provided an automatic extension to the map of eighteen (18) months through July 15, 2022; and
WHEREAS: Government Code Section 66452.26 allows the City Council to grant a discretionary extension of time, in addition to discretionary extension under Government Code Section 66452.6(e) and not to exceed 24 months, for an approved tentative map if the expiration date of said approved tentative map was extended pursuant to Government Code Section 66452.25 (AB 1303).

NOW, THEREFORE, BE IT RESOLVED: That the Porterville City Council does hereby approve a twenty-four (24)-month extension of time for Sierra Valley Tentative Map pursuant to Government Code Section 66452.6(e) and that the conditions specified in City Council Resolutions 125-2010 and 126-2010 shall remain in full force and effect except where and update to General Plan and Development Code would result in changes. Said extension of time shall commence July 15, 2022 and shall expire on July 15, 2024.

Resolution ___-2022
PASSED, APPROVED AND ADOPTED this 3rd day of May, 2022.

By:

Martha A. Flores, Mayor
ATTEST:

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

Item No. 15.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: West Putnam School Grant Deed of Dedication
SOURCE: Engineering and Project Management
COMMENT: The City has requested a three-foot dedication from Porterville Unified School District (PUSD) along the southern frontage of West Putnam Elementary School adjacent to Thurman Avenue. The three-foot dedication is to update the current width of the road to City Standard local standard width. As part of the Newcomb Street Reconstruction project, the City will be installing sidewalks and driveways along the frontage of West Putnam Elementary School. In order to properly comply with ADA standards, the additional three-foot dedication was necessary in order to get a path around the proposed driveways. PUSD is in agreement to dedicate the right of way. The only condition is that the City would be agreeable to a fence relocation agreement. The fence relocation will not take place until Thurman Avenue is fully reconstructed. The proposed improvements along Thurman Avenue as part of the Newcomb Street Reconstruction project is not a full reconstruction of Thurman Avenue. The Newcomb Street Project entails installing a sidewalk adjacent to the curb in order to match the existing improvements that are currently in place, and to provide a pedestrian path along Thurman Avenue from Newcomb Avenue to West Putnam Elementary School.

RECOMMENDATION: That the City Council:

1. Accept the Grant Deed of Dedication from Porterville Unified School District along with approval of the agreement;

2. Authorize the City Engineer to sign the Grant Deed of Dedication;

3. Authorize the Mayor to sign the fence relocation agreement; and

4. Authorize the City Clerk to record the signed Grant of Dedication to Porterville Unified School District.

ATTACHMENTS: 1. Grant Deed of Dedication

2. Draft Agreement for Relocation of Fence
Appropriated/Funded:

Item No. 15.

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Form RW 6-1(B) (Revised 3/02)

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL THIS
DEED AND TAX STATEMENTS TO:

City of Porterville
291 N. Main St.

Porterville, CA 93257

NO FEE PURSUANT TO GOVERNMENT
SECTION 27383
Space above this line for Recorder's Use

PORTERVILLE SCHOOL DISTRICT, A CALIFORNIA PUBLIC SCHOOL DISTRICT, DEDICATES to the CITY OF PORTERVILLE, a Municipal Corporation, all that real property for public street and underground utilities, in the City of Porterville, County of Tulare, State of California, described as:

See Exhibit “A” and shown on Exhibit ”B” attached hereto and made a part hereof by reference, consisting of two pages.

GRANT DEED
(DEDICATION)
Atlas Sheet Section Township Range Street/Avenue
F 5 27 T 21 S R 27 E Tomah Ave.

Form RW 6-1(B) (Revised 3/02)
Number

Dated this day of _________________________, 2021.

Porterville School District, a California Public School District

Brad Rohrbach, Assistant Superintendent Business Services

STATE OF CALIFORNIA CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT County of
On this the day of 20 , before me, ,
Name, Title of Officer-E.G., "Jane Doe, Notary Public"
personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Public's signature in and for said County and State) THIS IS TO CERTIFY, That pursuant to the authority conferred by City of Porterville, Ordinance No. 1590, adopted February 20, 2001, the undersigned, on behalf of the public and City Council of the City of Porterville consents to the acceptance for public purposes the real property described in the within deed and consents to the recordation thereof.

IN WITNESS WHEREOF, I have hereunto set my hand
this day of _______________________, 2021.

Daniel Cervantez, RCE #75530, City Engineer
 ss
(for notary seal or stamp)
Form RW 6-1(B) (Revised 3/02)

STATE OF CALIFORNIA CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT County of
On this the day of 20 , before me, ,
Name, Title of Officer-E.G., "Jane Doe, Notary Public"
personally appeared ,
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Public's signature in and for said County and State) (for notary seal or stamp)

Page 1 of 1 ends

EXHIBIT 'A'
TOMAH AVE. ADDITIONAL RIGHT OF WAY DEDICATION
Lane Engineers, Inc. Job No. 21285
December 3, 2021
ADDITIONAL RIGHT OF WAY DEDICATION: (POR. APN 251-270-008) A portion of the NW1/4 of the SE1/4 of the SW1/4 of Section 27, Township 21 South, Range 27 East, Mount Diablo Base and Meridian, in the City of Porterville, County of Tulare, State of California, more particularly described as follows:

Beginning at the Southwest corner of Lot 12 of Tract No. 17, recorded in Volume 19 of Maps, at Page 51, T.C.R., said Point of Beginning being on the North right of way line of Tomah Avenue, being 25.00 feet North of the centerline of said Tomah Avenue as measured at right angles thereto;
Thence South 89°31’15” West 525.77 feet along said North right of way line to a point on the West line of the parcel of land conveyed to R.O. Palmer and Mary Anna Palmer, his wife, by deed dated May 30th, 1945 in Book 1125, Page 187 of Official Records; Thence North 00°24’53” East 3.00 feet along said West line; Thence North 89°31’15” East 525.78 feet to the West line of said Lot 12; Thence South 00°27’34” West 3.00 feet along said West line to the Point of Beginning; CONTAINING 1,577 SQUARE FEET, MORE OR LESS.

SEE EXHIBIT ‘B’ ATTACHED HERETO.
25' 28' 28' 25'
TOMAH AVE.

PUTNAM AVE. MANKINS CIRCLE WAUKESHA ST.

POINT OF BEGINNING
12 13
14 15
16 17
18 19
20 22 21 3'
S89°31'15"W 525.77
N89°31'15"E 525.78
N00°24'53"E 3.00 S00°27'34"W 3.00 TRACT NO. 17 REC. IN VOL. 19 OF MAPS, AT PG. 51, T.C.R.

ADDITIONAL RIGHT OF WAY DEDICATION
1,577 SQ. FT. ± APN 251-270-021 APN 251-270-007 APN 251-270-022 APN 251-270-008 APN 251-270-009 3' J:\Jobs\2021\21285\Dwg\EXHIBIT-RW.dwg 12/3/2021 2:10 PM

EXHIBIT B
NORTH
TOMAH AVE. ADDITIONAL RIGHT OF WAY DEDICATION
SCALE: 1" = 100'
1 RECORDING REQUESTED BY: ) [For Recorder’s Use Only]
Porterville Unified School District: )
)
WHEN RECORDED RETURN TO: )

LOZANO SMITH )
Attn: Ruth E. Mendyk )
7404 N. Spalding Ave. )
Fresno, CA 93720 )
)
_____________________________________________________________________________________________ Exempt from recording fees per Gov. Code §27383

AGREEMENT FOR RELOCATION OF FENCE

AT WEST PUTNAM ELEMENTARY SCHOOL, PORTERVILLE, CA
APN 251-270-008
This Agreement (“Agreement”) is made and entered into _________, 2022 (“Effective Date”) between the City of Porterville, a California municipal corporation (“City”) and Porterville Unified School District, a California public school district (“District”), pursuant to the following recitals, which are a substantive part of this Agreement:

RECITALS
A. District operates an elementary school known as West Putnam Elementary School on District-owned property located at 1345 West Putnam Avenue in the City of Porterville, Tulare County, California, bearing Assessor’s Parcel Number 251-270-008 (“Property”).

B. City desires to acquire an easement from District in and over the Property for the future widening of Tomah Avenue on the south side of the Property (the “Easement”).

C. District has agreed to dedicate the Easement to the City by the adoption of Resolution No. 7 by the District’s Board of Trustees on January 13, 2022, entitled a “Resolution Conveying Easement in Real Property for use by the City of Porterville.” D. District’s agreement to dedicate the Easement is on the condition that the City will be responsible for relocating the existing fence on the south side of the Property, along the Tomah Avenue right of way (the “Fence”) at City’s own expense.

E. City is agreeable to be responsible for relocating the Fence at its own expense.

NOW, THEREFORE, City and Licensee agree as follows:

AGREEMENT

1. Relocation of Fence. The City shall be responsible for the relocation of the Fence at the time that it undertakes the widening of Tomah Avenue at no cost to the District. The Fence shall 2 be relocated or replaced with fencing of similar height and style as the existing fence along the edge of the City Easement, unless otherwise agreed to by the Parties.

2. Mutual Cooperation. City and District agree to cooperate with each other and with such contractor or contractors that are engaged to relocate or reconstruct the Fence. District agrees to grant a license or right of entry as needed to complete the relocation or reconstruction project.

City agrees that all statutes, ordinances, regulations, and requirements applicable to the performance of public works on school district property shall be complied with to the extent they are applicable to the relocation or reconstruction of the Fence, including, but not limited to fingerprinting requirements as currently found in Education Code section 45125.2. Both parties shall cooperate to minimize any disruption to school activities on the Property during the relocation or reconstruction of the Fence.

3. Indemnity and Defense. City and District mutually agree to indemnify and hold harmless the other party from and against all causes of action, actions, damages, losses, expenses, including reasonable attorney fees and costs that arise from the actions of each party’s own officers and employees while engaged in the activities contemplated under the terms of this Agreement.

4. No Property Interest Created. This Agreement does not create any interest for either party in any property owned or maintained by the other party, and is not coupled with any property interest or other interest.

5. Amendments. This Agreement shall not be modified or amended in any way except in writing signed by the parties hereto.

6. Entire Agreement. This Agreement contains all the agreements of the parties concerning the subject matter hereof, and shall be construed as a whole according to its fair meaning and not strictly for or against either of the parties who have jointly prepared this Agreement.

7. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.

8. Governing Law. This Agreement is made under and shall be construed in accordance with the laws of the State of California. Venue for any action pursuant to this Agreement shall be the appropriate court in Tulare County, California.

9. Time of Essence. Time is of the essence with respect to the obligations of each party under this Agreement.

10. Recording of Agreement. This Agreement, or a Short Form memorandum of this Agreement, may be recorded in the Tulare County Recorder’s Office on the Property.

11. Voluntary Agreement; Authority to Execute. City and District each represent that they have read this Agreement in full and understand and voluntarily agree to all provisions herein.

The parties further declare that prior to signing this Agreement they each had the opportunity to 3 apprise themselves of relevant information, through sources of their own selection, including consultation with counsel of their choosing if desired, in deciding whether to execute this Agreement. The signatories to this Agreement represent that they have the proper authority to execute this Agreement on behalf of the respective party.

12. Counterparts. This Agreement may be executed in any number of counterparts, all of which, taken together, shall constitute the same instrument. A copy, original or facsimile with all signatures appended together shall be deemed a fully executed Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

CITY: DISTRICT:

CITY OF PORTERVILLE, a California PORTERVILLE UNIFIED SCHOOL municipal corporation DISTRICT, a California public school district
By: _____________________________ By: ____________________________ J:\WDOCS\01430\602\AGT\00915810.DOCX
Item No. 16.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Acceptance of a Deed of Easement from the United States Department of Agriculture Forest Service - Henrahan Street
SOURCE: Engineering and Project Management
COMMENT: The City requested a five-foot street easement from the United States Department of Agriculture Forest Service along the eastern property line of the new Forestry Service development at the corner of East Morton Avenue and North Henrahan Street. The five-foot easement is to bring the street to current local street standard width. The Forestry Service is to install public improvements to City Standards along North Henrahan Street and at the corner of East Morton Avenue and North Henrahan Street as a condition of their development.

RECOMMENDATION: That City Council:

1. Accept the street easement from the United State Department of Agriculture Forest Service; and

2. Authorize the City Engineer to execute the required Federal permit for the easement.

ATTACHMENTS: 1. Public Road Easement Permit - Draft

2. Easement Exhibits A & B
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
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City of Porterville – Easement FSO40
Auth ID: FSO40
Contact Name: CITY OF PORTERVILLE
Use Code: 751
FS-2700-9f (v.09/12)
OMB No. 0596-0082
U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

PUBLIC ROAD EASEMENT
Act of October 13, 1964, (P.L. 88-657)
36 CFR 251.50, et seq
THIS EASEMENT dated this day April 23, 2022, from the UNITED STATES OF AMERICA, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, to CITY OF PORTERVILLE, hereinafter called Grantee.

WITNESSETH:

WHEREAS, the Grantee has applied for a grant of an easement under the Act of October 13, 1964 (78 Stat. 1089, 16 U.S.C. 532-538), for a road/walkway over certain lands or assignable easements owned by the United States in the County of Tulare State of California, and administered by the Forest Service, Department of Agriculture.

NOW THEREFORE, Grantor does hereby grant to Grantee an easement for a public road and sidewalk along and across a strip of land, hereinafter defined as the right-of-way (over and across the following described lands in the County of Tulare State of California, Sec. 25, T. 21 S., R. 27 E., MT. DIABLO MERIDIAN, as described on exhibit A, B attached hereto).

The word "easement" when used herein means said strip of land whether or not there is an existing road or sidewalk located thereon. Except where it is defined more specifically, the word "walkway" shall mean roads or walkways now existing or hereafter constructed on the easement or any segment of such roads or walkways.

The easement is shown and specifically described on the plat attached hereto and made a part hereof.

Forest road and Trail act permit/public walkway and road Location:200 East Morton Avenue, Porterville, CA 93257
A. Grantee shall operate described property
B. USFS has the right to judicial enforcement
Attachment’s: EXHIBIT A, additional right of way. B, Map.

This grant is made subject to the following terms, provisions, and conditions:

1. Outstanding valid claims, if any, existing on the date of this grant.

2. The easement herein granted is limited to use of the described easement for the purpose of construction, operation, and maintenance of a road/walkway and does not include the grant of any rights for non-road/walkway purposes or facilities; Provided, That the Forest Service shall not exercise its right to use or authorize the use of any portion of the easement for non-road/walkway purposes when such use would interfere with the free flow of traffic or impair the full use and safety of the road/walkway; and Provided further, That nothing herein shall preclude the Forest Service from locating National Forest and other Department of Agriculture information signs on the portions of the easement outside of construction limits.

3. The design and construction of the walkway project situated on this easement shall conform with plans, specifications, and written stipulations approved by the Forest Supervisor. 4. Any reconstruction of the walkway situated on this easement shall conform with plans, specifications, and written stipulations approved by the Forest Supervisor or authorized representative prior to beginning such reconstruction.

5. Consistent with highway safety standards, the Grantee shall:
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City of Porterville – Easement FSO40
a. Protect and preserve soil and vegetative cover and scenic and aesthetic values on the easement outside of construction limits.
b. Provide for the prevention and control of soil erosion within the easement and adjacent lands that might be affected by the construction operation, or maintenance of the walkway, and shall vegetate and keep vegetated with suitable species all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyed. The Grantee shall perform these activities where it is deemed necessary during a joint review between the authorized Forest Officer and Grantee prior to completion of the walkway. The Grantee also shall maintain all terracing, water bars, leadoff ditches, or other preventive works that may be necessary to accomplish this objective. This provision also shall apply to waste disposal areas and slopes that are reshaped following slides that occur during or after construction.

6. The Grantee shall:

Establish no borrow, sand, or gravel pits; stone quarry; permanent storage areas; sites for highway-operation and maintenance facilities; camps; supply depots; or disposal areas within the right-of-way, unless shown on approved construction plans, without first obtaining approval of the authorized Forest Officer.

7. The Grantee shall maintain the easement clearing by means of chemicals only after the Forest Supervisor has given specific written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the easement to be chemically treated.

8. The Grantee does by the acceptance of this document covenant and agree for itself, its assigns, and its successors in interest to the property here granted or any part thereof, that the covenant set forth below shall attach to and run with the land:
a. That the Grantee shall operate the described property and its appurtenant areas and its buildings and facilities whether or not on the land therein granted as a public road/walkway, in full compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in effect on the date of this document to the end that no person in the United States shall, on the grounds of race, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs or activities provided thereon; and
b. That the United States shall have the right to judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending services under contractual or other arrangements on the land therein conveyed.

The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent of the Grantee, (2) by condemnation, or (3) after a five (5) year period of nonuse, by a determination to cancel after notification and opportunity for hearing as prescribed by law.

9. SURVEY AND MANAGE SPECIES AND THEIR HABITAT The survey and manage standards and guidelines were established in the 1994 Northwest Forest Plan amendments to all Forest Service land management plans in western Oregon and Washington and northern California, as amended by the January 2001 Record of Decision (2001 ROD). The list of survey and manage species in the 2001 ROD, for which the standards and guidelines apply, has been amended and is subject to periodic amendment by the Forest Service. The holder/lessee shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on survey and manage species or their habitat affected by the authorized use and occupancy. The location of sites within the area occupied by survey and manage species or their habitat shall be shown on a map in an appendix to this permit/lease and may be shown on the ground. Discovery by the holder/lessee or the Forest Service of other sites within the permit/lease area containing survey and manage species or their habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map.

10. SITE DEVELOPMENT SCHEDULE (C-1).

The holder shall prepare by Enter date a schedule for the progressive development and installation of facilities on the permitted site. This schedule shall be made a part of this authorization. The holder may accelerate the scheduled date for installation of any improvement authorized, provided the other scheduled priorities are met and that all priority installations authorized are completed to the satisfaction of the Forest Service and ready for public use prior to the scheduled due date.
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City of Porterville – Easement FSO40
All required plans and specifications for site improvements, and structures included in the development schedule shall be properly certified and submitted to the Forest Service at least forty-five (45) days before the construction date stipulated in the development schedule.

11. SITE PLAN (C-2).

The holder shall prepare site plans to show the location of all buildings, service areas, roads, and structures. Such plans shall be on a scale of Enter scale with Enter number foot contour intervals. The holder is encouraged to consult with the Authorized Officer during the preparation of the site plan to ensure that it is adequate. No construction shall be undertaken by the holder prior to site plan approval.

IN WITNESS WHEREOF, the Grantor, by its, Forest Service, has executed this easement pursuant to the delegation of authority to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief, Forest Service, dated August 22, 1984 (49 FR 34283), on the day and year first above written.

UNITED STATES OF AMERICA
By: _________________________________________________
James Bacon, Public Services Director
Forest Service, Region 5 Regional Office
Department of Agriculture
Burden and Non-Discrimination Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082. The time required to complete this information collection is estimated to average one (1) hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877- 8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.

The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service.

Item No. 17.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Financial Status Reports
SOURCE: Finance
COMMENT: The City Charter requires financial status reports to be provided to City Council on a monthly basis. Council Minute Order No. 10-011607 approved the recommended change in submittal of the interim financial status reports and established requirements and parameters in the presentation of the reports.

In accordance with Council Minute Order No. 10-011607, the financial status reports for the quarter ending March 31, 2022, are submitted.

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

ATTACHMENTS: 1. Quarterly Financial Status Reports as of March 31, 2022 Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
2021-2022 2021-2022 2020-2021 2020-2021
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE PROPERTY TAXES $ 8,083,000 $ 4,413,916 54.61% $ 7,697,000 $ 4,267,754 55.45% OTHER TAXES:

SALES AND USE TAX 6,771,812 4,835,428 71.41% 5,500,000 4,220,829 76.74% UTILITY USERS TAX 4,000,000 3,315,493 82.89% 3,700,000 3,027,014 81.81% TRANSIENT OCCUPANCY TAX 575,000 431,961 75.12% 400,000 384,052 96.01% PROPERTY TRANSFER TAX 105,000 122,079 116.27% 97,000 52,893 54.53% FRANCHISE TAX 1,651,134 859,818 52.07% 1,631,134 862,272 52.86% SALES TAX - PUBLIC SAFETY 260,000 304,822 117.24% 260,000 137,243 52.79% LICENSES AND PERMITS:

BUSINESS AND OTHER LICENSES 437,100 489,907 112.08% 414,300 422,923 102.08% CONSTRUCTION PERMITS 620,000 649,803 104.81% 575,000 554,062 96.36% REVENUE FROM AGENCIES-TAXES:

VEHICLE LICENSE FEES 43,000 68,820 160.05% 48,000 43,753 91.15% SALES TAX, MEASURE R 100,000 - - 100,000 - -
OTHER TAXES 24,000 10,858 45.24% 24,000 12,439 51.83%
REVENUE FROM AGENCIES-GRANTS 155,000 57,733 37.25% 287,514 822,013 285.90% USE OF MONEY AND PROPERTY 397,414 276,751 69.64% 382,000 237,016 62.05% FINES AND FORFEITURES 22,200 26,792 120.68% 26,200 19,786 75.52% CHARGES FOR SERVICES:

PLANNING AND ENGINEERING 123,500 108,047 87.49% 160,000 130,390 81.49% POLICE 363,000 133,223 36.70% 411,000 134,965 32.84%
FIRE 26,500 147,820 557.81% 59,000 (45,410) -76.97%
LIBRARY 10,000 101 1.01% 10,000 264 2.64%
RECREATIONAL 1,931,000 1,205,040 62.40% 2,540,300 894,841 35.23% INTERDEPARTMENTAL 2,400,000 1,916,898 79.87% 2,350,000 1,892,318 80.52% OTHER 21,590 61,297 283.91% 34,090 23,474 68.86%
OTHER REVENUES 59,000 95,489 161.85% 85,500 48,388 56.59% SUBTOTALS $ 28,179,250 $ 19,532,094 69.31% $ 26,792,038 $ 18,143,278 67.72% OPERATING TRANSFERS 1,254,945 856,011 68.21% 1,213,558 750,989 61.88% DEBT SERVICE TRANSFERS 244,828 217,891 89.00% 223,889 206,689 92.32% TOTALS $ 29,679,023 $ 20,605,996 69.43% $ 28,229,485 $ 19,100,956 67.66% INSURANCE PROCEEDS - LIBRARY (RESTRICTED) $ - 4,853,082

CITY OF PORTERVILLE

REVENUE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
MARCH 31, 2022 AND MARCH 31, 2021
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000

PROPERTY TAXES SALES & USE TAX UTILITY USERS TAX LICENSES AND

PERMITS OTHER TAXES OTHER REVENUES OPERATINGTRANSFERS CHARGES FORSERVICES City of Porterville
General Fund Revenues
Periods Ended March 31, 2022 and March 31, 2021
21-22 20-21 PROPERTY TAXES 21%

SALES & USE TAX
25%

UTILITY USERS TAX
16%
LICENSES AND PERMITS 6%
OTHER TAXES 7%
OTHER REVENUES 2%
OPERATING TRANSFERS 6%
CHARGES FOR SERVICES 17%
City of Porterville
General Fund Revenues
Period Ended March 31, 2022
2021-2022 2021-2022 2020-2021 2020-2021
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND APPROP
LEGISLATIVE:

CITY COUNCIL $ 417,917 $ 103,946 24.9% $ 222,917 $ 179,935 80.7% COMMUNITY PROMOTION 269,920 183,554 68.0% 268,955 122,653 45.6% EMERGENCY - LIBRARY 580,000 158,185 - - 1,637,837 -
EMERGENCY - COVID 19 - - - - 718,192 -
ADMINISTRATIVE & LEGAL:

CITY MANAGER 338,118 239,451 70.8% 327,263 238,375 72.8% CITY CLERK 230,830 153,077 66.3% 270,708 143,814 53.1%
HUMAN RESOURCES 308,868 242,359 78.5% 292,017 235,682 80.7% CITY ATTORNEY 225,000 81,097 36.0% 225,000 95,753 42.6% FINANCE:

FINANCE & ACCOUNTING 957,538 671,006 70.1% 887,389 611,452 68.9% INFORMATION SERVICES 523,625 376,367 71.9% 505,518 291,507 57.7% ADMINISTRATIVE SERVICES 337,510 191,245 56.7% 334,828 218,850 65.4% POLICE PROTECTION 11,023,315 7,114,156 64.5% 11,167,031 7,695,657 68.9% FIRE PROTECTION 4,078,865 3,414,428 83.7% 4,337,124 3,247,819 74.9% COMMUNITY DEVELOPMENT:

PLANNING & ZONING 685,514 472,317 68.9% 752,232 480,455 63.9% ECONOMIC DEVELOPMENT 397,139 240,885 60.7% 489,407 206,698 42.2% PUBLIC WORKS:

ENGINEERING & BUILDING 1,553,852 1,140,692 73.4% 1,398,365 1,134,503 81.1% STREET MAINTENANCE 517,194 436,767 84.4% 488,720 359,029 73.5% SIGNALS, SIGNING & STRIPING 319,000 201,770 63.3% 344,010 208,245 60.5% STREET LIGHTING 537,552 352,387 65.6% 513,563 361,450 70.4% STORM DRAINS 90,343 101,861 112.7% 87,977 40,331 45.8%
PARKING LOTS 64,552 48,289 74.8% 58,398 45,290 77.6%
PARKS & LEISURE:

PARK MAINTENANCE & OPERATION 2,472,875 1,879,600 76.0% 2,540,373 1,811,886 71.3% STREET TREES & PARKWAYS 251,710 166,631 66.2% 237,893 153,355 64.5% COMMUNITY CENTERS 100,000 (3,183) -3.2% 131,425 6,631 5.0% LEISURE SERVICES 349,023 267,558 76.7% 318,032 274,989 86.5% LEISURE SERVICES - SPECIAL PROG 2,933,915 1,579,408 53.8% 2,488,308 1,415,488 56.9% SWIMMING POOL 173,950 112,509 64.7% 166,325 82,524 49.6% LIBRARY OPERATIONS 811,451 419,022 51.6% 869,013 494,335 56.9% SPECIAL PROJECTS 24,775 12,445 50.2% 24,855 15,939 64.1% SUB TOTALS 30,574,351 20,357,830 66.6% 29,747,646 22,528,675 75.7% OPERATING TRANSFERS 79,000 51,750 65.5% 79,000 51,750 65.5% DEBT SERVICE 1,634,345 758,131 46.4% 1,674,185 856,809 51.2% $ 32,287,696 $ 21,167,711 65.6% $ 31,500,831 $ 23,437,234 74.4%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - GENERAL FUND

FOR THE PERIODS ENDED
MARCH 31, 2022 AND MARCH 31, 2021
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000

LEGISLATIVE ADMINISTRATIVE & LEGAL FINANCE FIRE PARKS & LEISURE POLICE COMMUNITY DEVELOPMENT PUBLIC WORKS OPERATING

TRANSFERS DEBT SERVICE
City of Porterville
General Fund Expenditures
Periods Ended March 31, 2022 and March 31, 2021
21-22 20-21
LEGISLATIVE 2%
ADMINISTRATIVE & LEGAL 4%
FINANCE 6%
FIRE 17%
PARKS & LEISURE 22%
POLICE 35%
COMMUNITY DEVELOPMENT 3%
PUBLIC WORKS 11%
OPERATING TRANSFERS 0%
City of Porterville
General Fund Expenditures
Period Ended March 31, 2022

CITY OF PORTERVILLE

REVENUE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
MARCH 31, 2022 AND MARCH 31, 2021
2021-2022 2021-2022 2020-2021 2020-2021
ESTIMATED YEAR-TO-DATE % OF ESTIMATED YEAR-TO-DATE % OF

REVENUE SOURCE REVENUE REVENUE ESTIMATE REVENUE REVENUE ESTIMATE MEASURE H SALES TAX $ 4,434,052 $ 3,111,355 70.2% $ 3,606,000 $ 2,713,697 75.3% MEASURE I SALES TAX 8,923,104 6,270,948 70.3% 7,032,000 5,538,353 78.8% AMERICAN RESCUE PLAN ACT - 2,821,385 - - - -
SPECIAL GAS TAX 4,218,347 2,438,955 57.8% 3,874,813 2,515,984 64.9% LOCAL TRANSPORTATION FUNDS (LTF) 17,022,488 1,118,338 6.6% 12,443,621 1,000,579 8.0% TRAFFIC SAFETY FUND 100,200 66,857 66.7% 100,400 40,011 39.9% ZALUD ESTATE 5,850 4,298 73.5% 4,000 481 12.0%
COMMUNITY DEVELOPMENT BLOCK GRANT 2,022,126 400,161 19.8% 1,350,718 1,230,651 91.1% TRANSIT 12,083,531 2,869,484 23.7% 13,190,646 1,773,916 13.4% SPECIAL SAFETY GRANTS 299,784 158,926 53.0% 221,401 169,840 76.7% SEWER OPERATING 7,141,345 5,470,790 76.6% 7,146,596 5,307,727 74.3% REFUSE REMOVAL 6,150,866 4,875,135 79.3% 6,146,000 4,669,588 76.0% AIRPORT OPERATIONS 1,533,553 1,621,620 105.7% 1,270,907 1,491,661 117.4% GOLF COURSE 193,800 172,919 89.2% 165,800 177,842 107.3% WATER OPERATING 12,985,280 10,029,222 77.2% 12,485,233 10,071,954 80.7% RISK MANAGEMENT 7,445,716 5,619,348 75.5% 7,222,716 5,554,579 76.9% EQUIPMENT MAINTENANCE 3,701,260 2,783,783 75.2% 3,788,000 2,782,842 73.5% LANDSCAPE MAINTENANCE DISTRICT 154,753 86,971 56.2% 154,753 80,705 52.2% WATER REPLACEMENT 14,466,321 720,684 5.0% 19,096,720 888,193 4.7% SOLID WASTE RESERVE 923,442 669,003 72.4% 1,741,522 975,276 56.0% SEWER REVOLVING 540,221 347,797 64.4% 379,000 425,751 112.3% TRANSPORTATION DEVELOPMENT 215,000 279,591 130.0% 215,000 199,561 92.8% PARK DEVELOPMENT 100,050 108,897 108.8% 75,050 97,082 129.4% TREATMENT PLANT RESERVE 960,371 775,325 80.7% 625,000 778,419 124.5% STORM DRAIN DEVELOPMENT 220,000 307,447 139.7% 175,000 224,339 128.2% BUILDING CONSTRUCTION 1,000 1,286 128.6% 5,000 1,728 34.6%

TOTALS $ 105,842,460 $ 53,130,525 50.2% $ 102,515,896 $ 48,710,759 47.5% $-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE IMPROVEMENT GENERAL City of Porterville
Revenue by Fund Type
Periods Ended March 31, 2022 and March 31, 2021
21-22 20-21
INTERNAL SERVICE 12%
SPECIAL REVENUE 24%
ENTERPRISE 34%
IMPROVEMENT 3%
GENERAL 27%
City of Porterville
Revenue by Fund Type
Period Ended March 31, 2022
2021-2022 2021-2022 2020-2021 2020-2021
AMENDED YEAR-TO-DATE % OF AMENDED YEAR-TO-DATE % OF

APPROP EXPEND APPROP APPROP EXPEND ACTUAL
MEASURE H SALES TAX $ 4,241,135 $ 3,078,275 72.6% $ 4,037,532 $ 2,851,150 70.6% MEASURE I SALES TAX 4,890,884 4,160,409 85.1% 4,641,728 3,011,510 64.9% AMERICAN RESCUE PLAN ACT - 2,758,180 - - - -
ZALUD ESTATE 18,855 26,152 138.7% 18,455 7,752 42.0%
COMMUNITY DEVELOPMENT BLOCK GRANT 546,985 115,045 21.0% 831,420 158,210 19.0% TRANSIT 12,083,531 3,053,576 25.3% 13,190,646 3,741,389 28.4% SPECIAL SAFETY GRANTS 282,280 188,307 66.7% 456,959 182,759 40.0% SEWER OPERATING 6,529,757 4,518,182 69.2% 6,528,245 4,502,789 69.0% REFUSE REMOVAL 6,846,900 4,757,743 69.5% 7,237,196 4,827,506 66.7% AIRPORT 1,407,844 1,222,579 86.8% 1,368,466 1,008,165 73.7% GOLF COURSE 460,151 376,141 81.7% 439,313 350,343 79.7% WATER OPERATING 8,104,376 6,126,267 75.6% 8,423,663 5,553,459 65.9% RISK MANAGEMENT 7,988,321 7,188,044 90.0% 7,559,248 5,710,789 75.5% EQUIPMENT MAINTENANCE 3,632,540 2,730,439 75.2% 3,866,661 2,602,192 67.3% LANDSCAPE MAINTENANCE DISTRICT 192,995 131,352 68.1% 202,429 116,079 57.3% TOTALS $ 57,226,554 $ 40,430,690 70.7% $ 58,801,961 $ 34,624,091 58.9%

CITY OF PORTERVILLE

EXPENDITURE STATUS REPORT - ALL OTHER FUNDS

FOR THE PERIODS ENDED
MARCH 31, 2022 AND MARCH 31, 2021
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000

INTERNAL SERVICE SPECIAL REVENUE ENTERPRISE GENERAL
City of Porterville
Expenditures by Fund Type
Periods Ended March 31, 2022 and March 31, 2021
21-22 20-21
INTERNAL SERVICE 16%
SPECIAL REVENUE 17%
ENTERPRISE 33%
GENERAL 34%
City of Porterville
Expenditures by Fund Type
Period Ended March 31, 2022
FY 2021-22 FY 2020-21

REVENUES
Sales Tax - Measure H $ 3,089,743 2,701,497
Interest 17,425 12,200
Police Services 1,186 -
Contributions 3,000 -
TOTAL REVENUES 3,111,355 2,713,697

EXPENDITURES
Police Department 1,308,057 1,307,094
Fire Department 1,370,378 1,304,767
Public Safety Station 124,730 29,394
Library & Literacy 275,110 209,894
TOTAL EXPENDITURES 3,078,275 2,851,150

CAPITAL PROJECTS
Animal Shelter 11,745 62,036
TOTAL CAPITAL PROJECTS 11,745 62,036
REVENUE OVER/(UNDER) EXPENDITURES $ 21,335 $ (199,488)

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE H
For the Periods Ended March 31, 2022 and March 31, 2021 FY 2021-22 FY 2020-21

REVENUES
Sales Tax - Measure I $ 6,184,381 $ 5,460,753
Interest 84,982 77,600
Police Services 1,586 -
TOTAL REVENUES 6,270,948 5,538,353

EXPENDITURES
Police Department 2,709,989 2,217,228
Fire Department 1,365,417 760,945
Streets Program 85,002 33,338
TOTAL EXPENDITURES 4,160,409 3,011,510

CAPITAL PROJECTS
AC Pavement Repair/Overlay 253,388 126,038
Grand Ave Connection between 4th and Henrahan 9,893 43,401 Henderson Ave Reconstruction - 2nd to Plano - 759,223
Medians Restoration Project 727 13,759
Miscellaneous Streets Project - N Kessing St - 14,904
Montgomery Ave Reconstruction - Jaye to H 2,264 2,029
Pavement Management Program 26,735 215,519
PD Evidence Storage Facilities 63,483 13,500
Union - Indiana to Jaye 15,852 -
Villa St Reconstruction 20,030 -
TOTAL CAPITAL PROJECTS 392,373 1,188,372
REVENUE OVER/(UNDER) EXPENDITURES $ 1,718,167 $ 1,338,470

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - MEASURE I
For the Periods Ended March 31, 2022 and March 31, 2021 3/31/2022 3/31/2021

NET OPERATING NET OPERATING

FUND REVENUES EXPENSES PROFIT (LOSS) PROFIT (LOSS)
Zalud Estate 4,298 $ (26,152) $ (21,854) $ (7,271) $
Transit 2,869,484 $ (3,053,576) $ (184,092) $ (1,967,473) $ Sewer Operating 5,470,790 $ (4,518,182) $ 952,608 $ 804,938 $ Solid Waste 4,875,135 $ (4,757,743) $ 117,393 $ (157,918) $ Airport 1,621,620 $ (1,222,579) $ 399,041 $ 483,497 $
Golf 172,919 $ (376,141) $ (203,222) $ (172,501) $
Water Operating 10,029,222 $ (6,126,267) $ 3,902,955 $ 4,518,495 $

CITY OF PORTERVILLE

INTERIM PERFORMANCE REPORT - ENTERPRISE FUNDS
For the Periods Ended March 31, 2022 and March 31, 2021 Item No. 18.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Quarterly Investment Portfolio
SOURCE: Finance
COMMENT: This report reflects the investment portfolio of the City as of March 31, 2022, and is in compliance with California Government Code Section 27000, etc., Section 53600, etc., and the City of Porterville's Statement of Investment Policy. Investments are selected based on the statutory objectives of safety, liquidity and yield.

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

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

ATTACHMENTS: 1. Investment Portfolio Summary - March 31, 2022 Appropriated/Funded:

Review By:

Department Director:

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

CITY OF PORTERVILLE
PORTFOLIO SUMMARY AS OF MARCH 31, 2022

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
1006 LOCAL AGENCY INVESTMENT FUND $ 38,930,823 $ 38,930,823 0.320% DAILY DAILY 1 1007 CSJVRMA INVESTMENT FUND 7,223,476 7,171,391 1.240% DAILY DAILY 30 866 TULARE COUNTY INVESTMENT POOL 9,626,514 9,626,514 0.990% DAILY DAILY 30 669,119 669,119 4.000% 1/15/2015 7/15/2037 5,585
CORNERSTONE MAIN PARTNERS, L.P. 2,778,511 2,778,511 2.400% 12/12/2018 11/30/2038 6,088 3130AKXB7 FEDERAL HOME LOAN BANKS 1,975,000 1,858,240 0.580% 3/18/2021 2/11/2026 1,413 3130ALGJ7 FEDERAL HOME LOAN BANKS 975,000 916,149 1.000% 3/23/2021 3/23/2026 1,453 3133EMUK6 FEDERAL FARM CREDIT BANKS 1,000,000 948,910 1.050% 3/25/2021 3/25/2026 1,455 3130ALS62 FEDERAL HOME LOAN BANKS, STEPUP 1,000,000 948,430 0.750% 3/30/2021 3/30/2026 1,460 3130AM3R1 FEDERAL HOME LOAN BANKS 1,000,000 945,990 1.000% 4/29/2021 4/29/2026 1,490 3130ANUN8 FEDERAL HOME LOAN BANKS 2,000,000 1,898,120 1.040% 9/21/2021 9/21/2026 1,635 3130APCH6 FEDERAL HOME LOAN BANKS 1,000,000 935,020 1.125% 9/29/2021 9/29/2026 1,643 3130APDK8 FEDERAL HOME LOAN BANKS 1,000,000 942,160 1.100% 9/30/2021 9/30/2026 1,644 3130APG82 FEDERAL HOME LOAN BANKS 995,000 944,390 0.700% 10/28/2021 10/2/2026 1,646 3130ANM64 FEDERAL HOME LOAN BANKS 1,000,000 944,180 1.000% 8/26/2021 8/26/2026 1,609 3130ANUX6 FEDERAL HOME LOAN BANKS 1,000,000 943,510 1.100% 9/28/2021 9/28/2026 1,642 3130APCX1 FEDERAL HOME LOAN BANKS 1,000,000 951,610 1.250% 10/26/2021 10/26/2026 1,670 3130AQ7F4 FEDERAL HOME LOAN BANKS 1,500,000 1,442,670 1.600% 12/30/2021 12/30/2026 1,735 3130APDQ5 FEDERAL HOME LOAN BANKS 1,000,000 949,040 1.250% 10/28/2021 10/28/2026 1,672 3130APTJ4 FEDERAL HOME LOAN BANKS 1,000,000 949,320 1.250% 11/24/2021 11/24/2026 1,699 3130APU37 FEDERAL HOME LOAN BANKS 1,000,000 952,820 1.300% 11/24/2021 11/24/2026 1,699 3130AQ5Q2 FEDERAL HOME LOAN BANKS 2,000,000 1,916,980 1.500% 12/30/2021 12/30/2026 1,735 3130AQRM7 FEDERAL HOME LOAN BANKS 1,000,000 979,430 1.550% 2/25/2022 2/25/2025 1,062 3130AQRH8 FEDERAL HOME LOAN BANKS 1,000,000 964,750 2.000% 2/25/2022 2/25/2027 1,792 3130ARA76 FEDERAL HOME LOAN BANKS 2,000,000 1,958,680 2.250% 3/30/2022 3/30/2027 1,825 3130AQJJ3 FEDERAL HOME LOAN BANKS 1,000,000 955,510 1.125% 1/26/2022 1/26/2026 1,397 3133ENNG1 FEDERAL FARM CREDIT BANKS 2,000,000 1,923,960 1.860% 2/8/2022 2/8/2027 1,775 89236TEC5 TOYOTA MOTOR CRD CORP 1,000,000 1,002,470 2.150% 9/8/2017 9/8/2022 161 037833DE7 APPLE INC NOTE 1,000,000 1,006,380 2.400% 1/16/2018 1/13/2023 288 084670BR8 BERKSHIRE HATHAWAY 1,000,000 1,007,010 2.750% 4/23/2018 3/15/2023 349 06406RAG2 BANK NEW YORK MELLON CORP MTN 1,000,000 1,013,920 3.500% 10/16/2018 4/28/2023 393 90331HNV1 US BANK ASSN MTN 1,000,000 1,013,830 3.400% 11/15/2018 7/24/2023 480 06747PML0 BARCLAYS BANK 1,000,000 996,640 3.000% 3/17/2020 10/17/2023 565 13605WWW7 CANADIAN IMPERIAL BANK 1,000,000 952,390 2.500% 4/28/2020 4/10/2025 1,106 17298CK64 CITIGROUP INC 1,000,000 913,210 1.000% 8/28/2020 8/28/2025 1,246 89114TK84 TORONTO DOMINION BANK 2,000,000 1,874,660 1.050% 6/16/2021 3/16/2026 1,446 06368EWM0 BANK OF MONTREAL 2,000,000 1,882,052 1.220% 3/17/2021 3/17/2026 1,447 17290A3E8 CITIGROUP INC 1,000,000 945,540 1.250% 7/1/2021 7/1/2026 1,553 38150AHV0 GOLDMAN SACHS GROUP INC 1,000,000 935,260 1.400% 9/30/2021 9/30/2026 1,644 33767A2G5 CERTIFICATE OF DEPOSIT 249,000 249,217 2.100% 4/19/2017 4/19/2022 19 55266CVB9 CERTIFICATE OF DEPOSIT 249,000 249,291 1.950% 4/28/2017 4/28/2022 28 67054NAK9 CERTIFICATE OF DEPOSIT 249,000 250,036 2.300% 6/21/2017 6/21/2022 82 9819962K6 CERTIFICATE OF DEPOSIT 200,000 200,016 2.400% 4/19/2017 4/19/2022 19 795450D36 CERTIFICATE OF DEPOSIT 240,000 241,589 2.350% 8/23/2017 8/23/2022 145 06740KKD8 CERTIFICATE OF DEPOSIT 247,000 248,191 2.200% 7/12/2017 7/12/2022 103 33715LAP5 CERTIFICATE OF DEPOSIT 249,000 250,706 2.250% 9/28/2017 9/28/2022 181 62384RAB2 CERTIFICATE OF DEPOSIT 249,000 250,887 2.300% 10/12/2017 10/12/2022 195 01748DAY2 CERTIFICATE OF DEPOSIT 249,000 250,915 2.200% 11/3/2017 11/3/2022 217 61747MF63 CERTIFICATE OF DEPOSIT 246,000 249,139 2.650% 1/11/2018 1/11/2023 286 22239MAR9 CERTIFICATE OF DEPOSIT 249,000 252,137 2.600% 2/2/2018 2/2/2023 308 366526AR2 CERTIFICATE OF DEPOSIT 249,000 252,279 2.650% 2/16/2018 2/16/2023 322 819866AE4 CERTIFICATE OF DEPOSIT 249,000 252,678 2.800% 3/5/2018 3/6/2023 340 319141KL0 CERTIFICATE OF DEPOSIT 245,000 249,873 3.150% 6/6/2018 6/6/2023 432 74934YAH4 CERTIFICATE OF DEPOSIT 245,000 249,944 3.150% 6/20/2018 6/20/2023 446 17312QJ26 CERTIFICATE OF DEPOSIT 246,000 249,953 2.900% 4/11/2018 4/11/2023 376 25665QAX3 CERTIFICATE OF DEPOSIT 246,000 249,963 2.900% 4/13/2018 4/13/2023 378 91435LAG2 CERTIFICATE OF DEPOSIT 249,000 253,579 3.050% 5/14/2018 5/15/2023 410 080515CQ0 CERTIFICATE OF DEPOSIT 246,000 250,512 3.050% 5/16/2018 5/16/2023 411 90348JCW8 CERTIFICATE OF DEPOSIT 249,000 254,289 3.250% 6/13/2018 6/13/2023 439 74160NGF1 CERTIFICATE OF DEPOSIT 249,000 254,184 3.200% 6/22/2018 6/22/2023 448 45581EAX9 CERTIFICATE OF DEPOSIT 249,000 254,530 3.300% 6/30/2018 6/30/2023 456 31911QFK6 CERTIFICATE OF DEPOSIT 249,000 254,366 3.200% 8/10/2018 8/10/2023 497 499724AD4 CERTIFICATE OF DEPOSIT 249,000 254,598 3.250% 8/30/2018 8/30/2023 517 64017AAH7 CERTIFICATE OF DEPOSIT 245,000 250,735 3.300% 9/19/2018 9/19/2023 537

TULARE COUNTY JUNIOR LIVESTOCK SHOW

AND COMMUNITY FAIR

INVESTMENT COUPON

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
92891CBK7 CERTIFICATE OF DEPOSIT 249,000 255,068 3.350% 10/16/2018 10/16/2023 564 474067AQ8 CERTIFICATE OF DEPOSIT 249,000 255,051 3.350% 10/19/2018 10/19/2023 567 59452WAE8 CERTIFICATE OF DEPOSIT 249,000 255,491 3.450% 11/9/2018 11/9/2023 588 61760ASL4 CERTIFICATE OF DEPOSIT 245,000 251,782 3.550% 11/26/2018 11/24/2023 603 635573AL2 CERTIFICATE OF DEPOSIT 245,000 251,216 3.400% 12/26/2018 12/21/2023 630 15118RRHS CERTIFICATE OF DEPOSIT 249,000 246,361 1.850% 8/30/2019 8/30/2024 883 938828BM1 CERTIFICATE OF DEPOSIT 249,000 247,237 2.000% 8/30/2019 8/30/2024 883 949495BC8 CERTIFICATE OF DEPOSIT 250,000 251,308 1.750% 2/21/2020 2/21/2023 327 05465DAK4 CERTIFICATE OF DEPOSIT 249,000 246,754 1.650% 3/26/2020 3/26/2024 726 87165FE42 CERTIFICATE OF DEPOSIT 249,000 232,529 1.100% 11/12/2021 11/12/2026 1,687 14042TEH6 CERTIFICATE OF DEPOSIT 249,000 233,876 1.250% 12/8/2021 12/8/2026 1,713 89235MMH1 CERTIFICATE OF DEPOSIT 249,000 233,866 1.250% 12/9/2021 12/9/2026 1,714 02589ABQ4 CERTIFICATE OF DEPOSIT 245,000 237,689 2.000% 3/9/2022 3/9/2027 1,804 39573LDA3 CERTIFICATE OF DEPOSIT 245,000 238,770 2.100% 3/15/2022 3/15/2027 1,810 856285F63 CERTIFICATE OF DEPOSIT 246,000 236,640 1.800% 1/31/2022 2/1/2027 1,768 70962LBE1 CERTIFICATE OF DEPOSIT 249,000 238,238 1.700% 2/18/2022 2/18/2027 1,785 1204 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 4/24/2018 4/24/2023 389 1248 CERTIFICATE OF DEPOSIT 250,000 250,000 1.100% 5/8/2020 5/8/2022 38 1281 CERTIFICATE OF DEPOSIT 250,000 250,000 2.800% 5/14/2018 5/14/2023 409 1282 CERTIFICATE OF DEPOSIT 250,000 250,000 3.000% 6/21/2018 6/21/2023 447 1283 CERTIFICATE OF DEPOSIT 250,000 250,000 1.591% 5/12/2020 5/12/2023 407 1285 CERTIFICATE OF DEPOSIT 250,000 250,000 2.650% 4/29/2018 4/29/2023 394 1286 CERTIFICATE OF DEPOSIT 250,000 250,000 3.100% 6/25/2018 6/25/2023 451 1303 CERTIFICATE OF DEPOSIT 250,000 250,000 1.100% 4/16/2021 4/16/2024 747 1309 CERTIFICATE OF DEPOSIT 249,000 249,000 1.100% 2/14/2022 2/14/2027 1,781 1310 CERTIFICATE OF DEPOSIT 249,000 249,000 2.100% 5/1/2017 5/2/2022 32 1311 CERTIFICATE OF DEPOSIT 250,000 250,000 2.110% 6/23/2017 6/23/2022 84 1312 CERTIFICATE OF DEPOSIT 249,000 249,000 2.500% 7/26/2017 7/26/2022 117 1313 CERTIFICATE OF DEPOSIT 249,000 249,000 2.230% 7/11/2017 7/11/2022 102 1314 CERTIFICATE OF DEPOSIT 249,000 249,000 2.500% 7/21/2017 7/21/2022 112 1315 CERTIFICATE OF DEPOSIT 249,000 249,000 2.350% 9/22/2017 9/22/2022 175 1316 CERTIFICATE OF DEPOSIT 250,083 250,083 2.600% 10/6/2017 10/6/2022 189 1317 CERTIFICATE OF DEPOSIT 249,000 249,000 2.428% 11/16/2017 11/16/2022 230 1318 CERTIFICATE OF DEPOSIT 249,000 249,000 2.500% 3/22/2018 3/22/2023 356 1319 CERTIFICATE OF DEPOSIT 250,000 250,000 0.500% 8/3/2021 5/3/2022 33 1320 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 9/12/2018 9/12/2023 530 1321 CERTIFICATE OF DEPOSIT 249,000 249,000 1.540% 5/16/2020 5/16/2022 46 1324 CERTIFICATE OF DEPOSIT 249,000 249,000 3.350% 1/11/2019 1/11/2024 651 1326 CERTIFICATE OF DEPOSIT 267,054 267,054 3.500% 1/29/2019 1/29/2024 669 1327 CERTIFICATE OF DEPOSIT 245,000 245,000 3.500% 2/28/2019 2/28/2024 699 1328 CERTIFICATE OF DEPOSIT 249,000 249,000 3.250% 3/22/2019 3/22/2024 722 1329 CERTIFICATE OF DEPOSIT 249,000 249,000 3.210% 4/9/2019 10/9/2023 557 1330 CERTIFICATE OF DEPOSIT 248,960 248,960 3.200% 5/24/2019 5/24/2024 785 1331 CERTIFICATE OF DEPOSIT 249,000 249,000 3.100% 5/7/2019 5/7/2024 768 1332 CERTIFICATE OF DEPOSIT 249,000 249,000 3.200% 6/4/2019 6/4/2024 796 1334 CERTIFICATE OF DEPOSIT 250,000 250,000 3.050% 7/31/2019 7/31/2024 853 1335 CERTIFICATE OF DEPOSIT 249,000 249,000 2.810% 9/11/2019 9/11/2024 895 1336 CERTIFICATE OF DEPOSIT 249,000 249,000 2.800% 9/17/2019 9/17/2024 901 1337 CERTIFICATE OF DEPOSIT 249,000 249,000 2.700% 11/1/2019 11/1/2024 946 1338 CERTIFICATE OF DEPOSIT 262,892 264,694 2.720% 10/15/2019 10/15/2024 929 1339 CERTIFICATE OF DEPOSIT 257,618 257,618 2.250% 12/26/2019 12/26/2024 1,001 1340 CERTIFICATE OF DEPOSIT 249,000 249,000 2.400% 12/5/2019 12/5/2024 980 1341 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/8/2020 1/8/2025 1,014 1342 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/17/2020 1/17/2025 1,023 1343 CERTIFICATE OF DEPOSIT 249,000 249,000 2.250% 1/24/2020 1/24/2025 1,030 1344 CERTIFICATE OF DEPOSIT 249,000 249,000 1.100% 11/18/2020 11/18/2023 597 TOTALS $ 120,788,050 $ 119,034,481

WEIGHTED
WEIGHTED AVERAGE RATE OF EARNINGS % OF LIQUID AVERAGE

ONE YEAR HISTORY CURRENT PORTFOLIO DAYS TO
3/31/2021 6/30/2021 9/30/2021 12/31/2021 3/31/2022 HOLDINGS MATURITY

1.408% 1.172% 1.208% 1.222% 1.274% 46.181% 755
Comments:

Portfolio holdings as of March 31, 2022, are in compliance with the current Investment Policy. With 46.181% of the portfolio being held in liquid instruments, the cash needs of the City will be met. The next portfolio report will be calculated for the second calendar quarter ending June 30, 2022, and will be presented during the August 2, 2022 Council meeting.

Item No. 19.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Community Civic Event - Tulare County Junior Livestock Show and Community Fair - Porterville Fair - May 11-15, 2022
SOURCE: Finance
COMMENT: The Tulare County Jr. Livestock Show and Community Fair ("Fair") is requesting approval to set up this year's carnival on the City's ten (10) acre site adjacent to the fairgrounds during the annual Porterville Fair, from Wednesday, May 11, 2022 to Sunday, May 15, 2022.

On April 15, 2014, the City Council approved the Fair Board's request to allow patrons of the fair to purchase and consume alcoholic beverages outside the established adult refreshment area (beer garden), authorizing the Police Chief to work directly with the Fair. Exhibit B incorporates the conditions and requirements of the Porterville Police Department for the establishment of a beer garden and the sale and consumption of alcoholic beverages inside and outside the confines of the beer garden.

This request is submitted in accordance with the Community Civic Events Ordinance No. 1526, as amended. The application has been routed according to the Ordinance regulations and reviewed by all of the City Departments involved. All requirements are listed on the attached application and agreement, Exhibit A and Exhibit B. The City Council's Ad Hoc Committee has reviewed the request 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 the Tulare County Jr. Livestock Show and Community Fair, to hold the Porterville Fair from May 11 to May 15, 2022, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A and Exhibit B.

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

Review By:

Item No. 19.

Department Director:

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

Item No. 20.

CITY COUNCIL AGENDA – MAY 3, 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 19, 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 June 2, 2022, or such time the Council adopts a subsequent Resolution in accordance with Government Code section 54953 (e)(3) to extend the time during which the legislative bodies of City of Porterville may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED, AND ADOPTED this 3rd day of May, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Item No. 21.

CITY COUNCIL AGENDA – MAY 3, 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 19, 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. 21.
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. 21.

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. 21.
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. 21.
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. 21.
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

Page 2 of 24 ends

3pg18xi20

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

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

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

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

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

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

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

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

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

Page 3 of 24 ends

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

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

Page 5 of 24 ends

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

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

A.2. SCOPE OF WORK.

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

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

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

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

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

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

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

Page 6 of 24 ends

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

Page 7 of 24 ends

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

Page 8 of 24 ends

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

Page 9 of 24 ends

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

Page 10 of 24 ends

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

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

Page 11 of 24 ends

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

Page 12 of 24 ends

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

Page 13 of 24 ends

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Page 14 of 24 ends

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

Page 15 of 24 ends

Exhibit D

12. [RESERVED].

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

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

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

Page 16 of 24 ends

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

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

Page 17 of 24 ends

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

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

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

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

Page 18 of 24 ends

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

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

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

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

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

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

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

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

Page 19 of 24 ends

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

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

Page 20 of 24 ends

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

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

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

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

Page 22 of 24 ends

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

Page 23 of 24 ends

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

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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. 22.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Consideration of Mitigated Negative Declaration for Union Avenue Reconstruction Project
SOURCE: Community Development
COMMENT: The City proposes to reconstruct a portion of Union Avenue between Indiana Street and Jaye Street, approximately one-half mile in length. The reconstruction would include the widening of Union Avenue to the standard width of fifty-six (56) foot right of way; improving Western Street to Orange Avenue to correct drainage issues, completing the connection of Chess Terrace to Union Avenue, and improving Cottage Street south of Union Avenue. Project activities include pavement; water, sewer, and storm drain installation; curb, gutters, sidewalks and landscaped parkways; streetlights, and possible utility relocation. Some of these activities would involve property acquisition as necessary. The area of potential effect of the project is approximately 4.6 acres.

On March 23, 2021, the Environmental Coordinator made a preliminary determination that a Mitigated Negative Declaration would be appropriate for the Project. Mitigation measures were identified for Biological Resources, Cultural Resources, and Tribal Cultural Resources. The Initial Study has been transmitted to the State Clearinghouse (SCH # 2022030708), as well as to interested agencies, groups, and individuals for review and comment. The review period ran for thirty (30) days from March 25, 2022, through April 25, 2022. At the time of this report, one comment was received from the San Joaquin Valley Air Pollution Control District. The comment made a recommendation to utilize the cleanest available off-road construction equipment, including the latest tier equipment to reduce the impacts from construction-related diesel exhaust emissions. The recommendation from the San Joaquin Valley Air Pollution Control District will be included in the construction bid documents.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution approving a Mitigated Negative Declaration of environmental impact; and

2. Direct staff to proceed with the Union Avenue Reconstruction Project
ATTACHMENTS: 1. Draft Resolution

2. Locator Map

3. Draft Initial Study/Mitigated Negative Declaration
Item No. 22.

4. SJVAPCD Comment Letter dated April 25, 2022
Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 2 ends

RESOLUTION NO. ____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS IN SUPPORT OF APPROVAL OF A

MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE

PROPOSED UNION AVENUE RECONSTRUCTION PROJECT
WHEREAS: The City Council of the City of Porterville at its regularly scheduled meeting of May 03, 2022, conducted a public meeting to consider approval of a Mitigated Negative Declaration which evaluates the environmental impacts of the reconstruction of Union Avenue between Indiana and Jaye Streets approximately one-half mile in length, to provide safe, improved access to retail opportunities, job centers, housing and other facilities in the city. The reconstruction would include the widening of Union Avenue to the standard width of fifty-six (56) feet of right of way; improving Western Street to Orange Avenue to correct drainage issues, completing the connection of Chess Terrace to Union Avenue, and improving Cottage Street south of Union Avenue. Project activities include pavement; water, sewer, and storm drain installation; curb, gutters, sidewalks and landscaped parkways; streetlights, and possible utility relocation.

Some of these activities would involve property acquisition as necessary; and WHEREAS: On March 23, 2022, the Environmental Coordinator made a preliminary determination that a Mitigated Negative Declaration would be appropriate for the proposed project; and
WHEREAS: The proposed Project is consistent with the goals and policies of the Porterville 2030 General Plan. The project will facilitate the achievement of General Plan Guiding Policy C-G-1, to promote safe and efficient vehicular circulation as well as C-G-3 to make efficient use of existing transportation facilities and, through coordinated land use planning, strive to improve accessibility to shops, schools, parks and employment centers and reduce total vehicle miles traveled per household to minimize vehicle emissions and save energy; and WHEREAS: The City Council considered the following findings in its review of the environmental circumstances for this project:

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

2. The project will not create adverse environmental impacts on biological resources, cultural resources, or tribal cultural resources when mitigation measures are implemented and standards of the Development Ordinance and General Plan are maintained.

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

4. On March 23, 2022, the Environmental Coordinator made a preliminary determination that a Mitigated Negative Declaration would be appropriate for the proposed project in Resolution No. ___-2022

Page 2 of 2 ends

light of the studies prepared and with implementation of defined mitigation measures related to Biological Resources, Cultural Resources, and Tribal Cultural Resources.

The Initial Study and proposed Mitigation Measures have been transmitted to interested agencies, groups, and individuals for a 30 day review period from March 25, 2022 through April 25, 2022. At the time of writing the staff report, one comment was received from the San Joaquin Valley Air Pollution Control District. The comment made a recommendation to utilize the cleanest available off-road construction equipment, including the latest tier equipment to reduce the impacts from constructionrelated diesel exhaust emissions.

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

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

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

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

PASSED, APPROVED AND ADOPTED this 3rd day of May, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Chapter 4 Mitigation Monitoring and Reporting Program
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • December 2021 4-1 Chapter 4 Mitigation Monitoring and
Reporting Program
This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Union Avenue Reconstruction Project in the City of Porterville. The MMRP lists mitigation measures recommended in the IS/MND for the Project and identifies monitoring and reporting requirements.

Table 4-1 presents the mitigation measures identified for the proposed Project. Each mitigation measure is numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact number.

For example, AIR-2 would be the second mitigation measure identified in the Air Quality analysis of the IS/MND.

The first column of Table 4-1 identifies the mitigation measure. The second column, entitled “When Monitoring is to Occur,” identifies the time the mitigation measure should be initiated. The third column, “Frequency of Monitoring,” identifies the frequency of the monitoring of the mitigation measure. The fourth column, “Agency Responsible for Monitoring,” names the party ultimately responsible for ensuring that the mitigation measure is implemented. The last columns will be used by the City to ensure that individual mitigation measures have been complied with and monitored.

Chapter 4 Mitigation Monitoring and Reporting Program
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • December 2021 4-2 This page left intentionally blank.

Chapter 4 Mitigation Monitoring and Reporting Program
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • December 2021 4-3 Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Agency Responsible for
Implementing Mitigation
Agency Responsible
for Monitoring
Verification of
Compliance (name/date)
Biological Resources
BIO-1: Operational Hours
Construction shall be conducted during daylight hours to reduce disturbance to wildlife that could be foraging nocturnally within work areas. During Construction City of Porterville City of Porterville BIO-2: Avoidance
The Project’s construction activities shall occur, if feasible, between September 16 and January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds.

September 16 and
January 31 City of Porterville City of Porterville
Cultural Resources
CUL-1: Archaeological Remains
Should archaeological remains or artifacts be unearthed during any stage of Project activities, work in the area of discovery shall cease until the area is evaluated by a qualified archaeologist. If mitigation is warranted, the Project proponent shall abide by recommendations of the archaeologist.

During Construction City of Porterville City of Porterville CUL-2: Human Remains
In the event that any human remains are discovered on the Project site, the Tulare County Coroner must be notified of the discovery (California Health and Safety Code, Section 7050.5) and all activities in the immediate area of the find or in any nearby area reasonably suspected to overlie adjacent human remains must cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are not recent, but rather of Native American origin, the Coroner shall notify the Native American Heritage Commission (NAHC) in Sacramento within 24 hours to permit the NAHC to determine the Most Likely Descendent of the deceased Native American.

During Construction City of Porterville City of Porterville Tribal Cultural Resources
TRC-1: See MM CUL-1 and CUL-2
During Construction City of Porterville City of Porterville

CLEO AVE

MCINTIRE
AVE

MAPLE ST

HOWLAND
ST
OAK

VIEW ST

VINE AVE

ROBY AVE

WESTERN ST

RIVER EDGE AVE

ORANGE AVE

CENTER AVE

RIVER OAK AVE

CREEKSIDE ST

CHESS TERRACE ST

OHIO ST

VILLA ST

COTTAGE ST

PARKWAY DR

UNION AVE

DATE AVE

INDIANA ST

JAYE ST
Union Ave Reconstruction Project
APE Locator Map
Date Printed: 4/21/2022 by the Community Development Department Project Location 1 in = 400 feet
±
City of Porterville
Task Order No. 19
Union Avenue Reconstruction
Project
Draft Initial Study / Mitigated Negative Declaration
March 2022
Prepared for:

City of Porterville
291 N Main Street
Porterville, CA 93257
Prepared by:

Provost & Pritchard Consulting Group
455 W. Fir Avenue
Clovis, CA 93611
Report Prepared for:

City of Porterville
291 North Main Street
Porterville, CA 93257
Contact:

Jason Ridenour
Community Development Director
(559) 782-7460
Report Prepared by:

Provost & Pritchard Consulting Group
Briza G. Sholars, Senior Planner/Project Manager
Amy Wilson, Associate Planner IV/Writer
Jacqueline C. Lancaster, Assistant Planner/Project Administration Ben Toews, GIS Specialist, Maps
Mallory Serrao, GIS Specialist, Proximity Report
Dena E. Giacomini, Senior Planner, Biologist, QA-QC
Contact:

Briza G. Sholars, Senior Planner
(559) 449-2700
COPYRIGHT 2022 by PROVOST & PRITCHARD CONSULTING GROUP

ALL RIGHTS RESERVED
Provost & Pritchard Consulting Group expressly reserves its common law copyright and other applicable property rights to this document. This document is not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Consulting Group. In the event of unauthorized reuse of the information contained herein by a third party, the third party shall hold the firm of Provost & Pritchard Consulting Group harmless, and shall bear the cost of Provost & Pritchard Consulting Group's legal fees associated with defending and enforcing these rights.

City of Porterville
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 i
Table of Contents
Chapter 1 Introduction.............................................................................................................................................1-1

1.1 Regulatory Information..............................................................................................................................1-1

1.2 Document Format ......................................................................................................................................1-1 Chapter 2 Project Description.................................................................................................................................2-1

2.1 Project Background and Objectives.........................................................................................................2-1

2.1.1 Project Title...............................................................................................................................2-1

2.1.2 Lead Agency/Project Proponent Name and Address.......................................................2-1

2.1.3 Contact Person and Phone Number ....................................................................................2-1

2.1.4 Project Location.......................................................................................................................2-1

2.1.5 Latitude and Longitude...........................................................................................................2-1

2.1.6 General Plan Designation.......................................................................................................2-2

2.1.7 Zoning .......................................................................................................................................2-2

2.1.8 Description of Project.............................................................................................................2-2

2.1.9 Best Management Practices....................................................................................................2-3

2.1.10 Site and Surrounding Land Uses and Setting ......................................................................2-5

2.1.11 Other Public Agencies Whose Approval May Be Required .............................................2-5

2.1.12 Consultation with California Native American Tribes......................................................2-5 Chapter 3 Impact Analysis.......................................................................................................................................3-1

3.1 Environmental Factors Potentially Affected ..........................................................................................3-1

3.2 Aesthetics......................................................................................................................................................3-2

3.2.1 Environmental Setting and Baseline Conditions................................................................3-2

3.2.2 Impact Assessment..................................................................................................................3-3

3.3 Agriculture and Forestry Resources.........................................................................................................3-4

3.3.1 Environmental Setting and Baseline Conditions................................................................3-4

3.3.2 Impact Assessment..................................................................................................................3-5

3.4 Air Quality ....................................................................................................................................................3-8

3.4.1 Environmental Setting and Baseline Conditions................................................................3-8

3.4.2 Methodology of Determining the Significance of Air Quality Impacts....................... 3-11

3.4.3 Screening Thresholds for Determining Impacts to Sensitive Receptors..................... 3-12

3.4.4 Impact Assessment............................................................................................................... 3-13

3.5 Biological Resources................................................................................................................................ 3-15

3.5.1 Environmental Setting and Baseline Conditions............................................................. 3-15 City of Porterville
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3.5.2 Impact Assessment............................................................................................................... 3-22

3.6 Cultural Resources ................................................................................................................................... 3-25

3.6.1 Environmental Setting and Baseline Conditions............................................................. 3-25

3.6.2 Impact Assessment............................................................................................................... 3-26

3.7 Energy ........................................................................................................................................................ 3-28

3.7.1 Environmental Setting and Baseline Conditions............................................................. 3-28

3.7.2 Impact Assessment............................................................................................................... 3-28

3.8 Geology and Soils..................................................................................................................................... 3-29

3.8.1 Environmental Setting and Baseline Conditions............................................................. 3-29

3.8.2 Impact Assessment............................................................................................................... 3-31

3.9 Greenhouse Gas Emissions ................................................................................................................... 3-34

3.9.1 Environmental Setting and Baseline Conditions............................................................. 3-34

3.9.2 Methodology.......................................................................................................................... 3-35

3.9.3 Impact Assessment............................................................................................................... 3-36

3.10 Hazards and Hazardous Materials......................................................................................................... 3-38

3.10.1 Environmental Setting and Baseline Conditions............................................................. 3-38

3.10.2 Impact Assessment............................................................................................................... 3-39

3.11 Hydrology and Water Quality ................................................................................................................ 3-41

3.11.1 Environmental Setting and Baseline Conditions............................................................. 3-41

3.11.2 Impact Assessment............................................................................................................... 3-42

3.12 Land Use and Planning ........................................................................................................................... 3-45

3.12.1 Environmental Setting and Baseline Conditions............................................................. 3-45

3.12.2 Impact Assessment............................................................................................................... 3-45

3.13 Mineral Resources.................................................................................................................................... 3-48

3.13.1 Environmental Setting and Baseline Conditions............................................................. 3-48

3.13.2 Impact Assessment............................................................................................................... 3-48

3.14 Noise .......................................................................................................................................................... 3-49

3.14.1 Environmental Setting and Baseline Conditions............................................................. 3-49

3.14.2 Impact Assessment............................................................................................................... 3-49

3.15 Population and Housing ......................................................................................................................... 3-52

3.15.1 Environmental Setting and Baseline Conditions............................................................. 3-52

3.15.2 Impact Assessment............................................................................................................... 3-52

3.16 Public Services.......................................................................................................................................... 3-53

3.16.1 Environmental Setting and Baseline Conditions............................................................. 3-53

3.16.2 Impact Assessment............................................................................................................... 3-53 City of Porterville
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3.17 Recreation.................................................................................................................................................. 3-55

3.17.1 Environmental Setting and Baseline Conditions............................................................. 3-55

3.17.2 Impact Assessment............................................................................................................... 3-55

3.18 Transportation .......................................................................................................................................... 3-56

3.18.1 Environmental Settings and Baseline Conditions............................................................ 3-56

3.18.2 Impact Assessment............................................................................................................... 3-56

3.19 Tribal Cultural Resources........................................................................................................................ 3-58

3.19.1 Environmental Setting and Baseline Conditions............................................................. 3-58

3.19.2 Impact Assessment............................................................................................................... 3-59

3.20 Utilities and Service Systems .................................................................................................................. 3-60

3.20.1 Environmental Setting and Baseline Conditions............................................................. 3-60

3.20.2 Impact Assessment............................................................................................................... 3-61

3.21 Wildfire ...................................................................................................................................................... 3-62

3.21.1 Environmental Setting and Baseline Conditions............................................................. 3-62

3.21.2 Impact Assessment............................................................................................................... 3-63

3.22 CEQA Mandatory Findings of Significance ........................................................................................ 3-64

3.22.1 Impact Assessment............................................................................................................... 3-64

3.23 Determination: (To be completed by the Lead Agency) .................................................................. 3-66 Chapter 4 Mitigation Monitoring and Reporting Program.................................................................................4-1 Chapter 5 References................................................................................................................................................5-4 Appendix A......................................................................................................................................................................A-1 Road Construction Emission Model..................................................................................................................A-1 Appendix B......................................................................................................................................................................B-1 Biological Resources Information ......................................................................................................................B-1 Appendix C......................................................................................................................................................................C-1 Cultural Resources Information..........................................................................................................................C-1 City of Porterville
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List of Figures
Figure 2-1. Regional Location Map .............................................................................................................................2-6 Figure 2-2. Topographic Quadrangle Map.................................................................................................................2-7 Figure 2-3. Aerial /APE Map .......................................................................................................................................2-8 Figure 3-1. Farmland Designation Map......................................................................................................................3-7 Figure 3-2. FEMA Flood Map................................................................................................................................... 3-44 Figure 3-3. Tulare County General Plan Land Use Map....................................................................................... 3-46 Figure 3-4. Tulare County Zoning Map................................................................................................................... 3-47 List of Tables
Table 2-1. Onsite and Adjacent General Plan Land Use Designations.................................................................2-2 Table 2-2. Onsite and Adjacent Zoning......................................................................................................................2-2 Table 2-3 Best Management Practices for Construction Activities........................................................................2-3 Table 3-1. Aesthetics Impacts.......................................................................................................................................3-2 Table 3-2. Agriculture and Forest Impacts.................................................................................................................3-4 Table 3-3. Air Quality Impacts.....................................................................................................................................3-8 Table 3-4. Summary of Ambient Air Quality Standards and Attainment Designation.................................... 3-10 Table 3-5. Short-Term - Construction-Generated Emissions of Criteria Air Pollutants................................. 3-12 Table 3-6. Maximum Daily Air Pollutant Emissions During Construction....................................................... 3-12 Table 3-7. Biological Resources Impacts................................................................................................................. 3-15 Table 3-8. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity................. 3-16 Table 3-9. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity. ................... 3-20 Table 3-10. Cultural Resources Impacts.................................................................................................................. 3-25 Table 3-11. Energy Impacts....................................................................................................................................... 3-28 Table 3-12. Geology and Soils Impacts.................................................................................................................... 3-29 Table 3-13. Project Soil Characteristics.................................................................................................................... 3-30 Table 3-14. Greenhouse Gas Emissions Impacts .................................................................................................. 3-34 Table 3-15. Short-Term Construction-Generated GHG Emissions................................................................... 3-37 Table 3-16. Long-Term Operational GHG Emissions......................................................................................... 3-37 Table 3-17. Hazards and Hazardous Materials Impacts........................................................................................ 3-38 Table 3-18. Hydrology and Water Quality Impacts............................................................................................... 3-41 Table 3-19. Land Use and Planning Impacts.......................................................................................................... 3-45 City of Porterville
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Table 3-20. Mineral Resources Impacts................................................................................................................... 3-48 Table 3-21. Noise Impacts......................................................................................................................................... 3-49 Table 3-22. Typical Construction Noise Levels...................................................................................................... 3-50 Table 3-23. Typical Construction Vibration Levels............................................................................................... 3-51 Table 3-24. Population and Housing Impacts ........................................................................................................ 3-52 Table 3-25. Public Services Impacts......................................................................................................................... 3-53 Table 3-26. Recreation Impacts................................................................................................................................. 3-55 Table 3-27. Transportation Impacts......................................................................................................................... 3-56 Table 3-28. Tribal Cultural Resources Impacts....................................................................................................... 3-58 Table 3-29. Utilities and Service Systems Impacts................................................................................................. 3-60 Table 3-30. Wildfire Impacts ..................................................................................................................................... 3-62 Table 3-31. Mandatory Findings of Significance Impacts..................................................................................... 3-64 Table 4-1. Mitigation Monitoring and Reporting Program......................................................................................4-3 City of Porterville
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Acronyms and Abbreviations
AB ................................................................................................................................................................Assembly Bill APE ..............................................................................................................................................Area of Potential Effect AQP ............................................................................................................................................................Air Quality Plan ASTM...........................................................................................................American Society of Testing and Materials BAU ...........................................................................................................................................................business as usual BPS ......................................................................................................................................Best Performance Standards Cal Fire ....................................................................................................... California Office of the State Fire Marshall Cal/OSHA...................................................................... California Occupational Safety and Health Administration CalEEMod .................................................................................California Emissions Estimator Modeling (software) CAP .................................................................................................................................................... Climate Action Plan CARB...............................................................................................................................California Air Resources Board CCAA .......................................................................................................................................... California Clean Air Act CCAP....................................................................................................................................Climate Change Action Plan CDFW ................................................................................................................................... California Fish and Wildlife CH4 .........................................................................................................................................................................Methane City .........................................................................................................................................................City of Porterville CNDDB.............................................................................................................. California Natural Diversity Database CNPS ................................................................................................................................California Native Plant Society CO2 .............................................................................................................................................................Carbon dioxide COG ............................................................................................................................................ Council of Government County ...........................................................................................................................................................Tulare County CRHR ..........................................................................................................California Register of Historical Resources CVFPB.................................................................................................Central Valley Flood Protection Control Board dBA .....................................................................................................................................................A-weighted decibels DOGGR ...........................................................................................Division of Oil, Gas and Geothermal Resources DWQ ..................................................................................................................................Department of Water Quality EIR .................................................................................................................................. Environmental Impact Report EPA ........................................................................................................................... Environmental Protection Agency ESA ................................................................................................................................Environmental Site Assessment FEMA............................................................................................................ Federal Emergency Management Agency FMMP......................................................................................................Farmland Mapping and Monitoring Program GAMAQI.................................................................... Guidelines for Assessing and Mitigating Air Quality Impacts City of Porterville
Task Order No. 19 Union Avenue Reconstruction Project
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GC .......................................................................................................................................................Government Code GHG......................................................................................................................................................... Greenhouse Gas GIS ...............................................................................................................................Geographic Information System IPaC ......................................U.S. Fish and Wildlife Service’s Information for Planning and Consultation system IS ...................................................................................................................................................................Initial Study IS/MND..................................................................................................Initial Study/Mitigated Negative Declaration km ......................................................................................................................................................................kilometers LSA .................................................................................................................................Lake and Streambed Alteration MMRP ..................................................................................................Mitigation Monitoring and Reporting Program MND................................................................................................................................Mitigated Negative Declaration MRZ.............................................................................................................................................Mineral Resource Zones MTCO2e ........................................................................................................Metric tons of carbon dioxide equivalent NAAQS...........................................................................................................National Ambient Air Quality Standards NAHC ..............................................................................................................Native American Heritage Commission ND ...................................................................................................................................................Negative Declaration NEPA.......................................................................................................................National Environmental Policy Act NOx ............................................................................................................................................................Nitrogen oxides NRCS...............................................................................................................Natural Resources Conservation Service NRHP......................................................................................................................National Register of Historic Places O3 ............................................................................................................................................................................Ozone PM10 ........................................................................................................................particulate matter 10 microns in size PM2.5 ......................................................................................................................particulate matter 2.5 microns in size ppb ............................................................................................................................................................ parts per billion ppm ........................................................................................................................................................... parts per million Project.................................................................................................................Union Avenue Reconstruction Project Reclamation ..........................................................................................................United States Bureau of Reclamation ROW..................................................................................................................................................................right-of-way RWQCB .............................................................................................................Regional Water Quality Control Board SJVAB.................................................................................................................................. San Joaquin Valley Air Basin SJVAPCD........................................................................................ San Joaquin Valley Air Pollution Control District SO2 .............................................................................................................................................................. Sulfur Dioxide SR ....................................................................................................................................................................State Route SWPPP.............................................................................................................. Storm Water Pollution Prevention Plan SWRCB.................................................................................................................State Water Resources Control Board TAC .............................................................................................................................................Toxic Air Contaminants City of Porterville
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Tons/Year.....................................................................................................................................................Tons per Year UPRR..............................................................................................................................................Union Pacific Railroad USACE.............................................................................................................United States Army Corps of Engineers USDA .............................................................................................................United States Department of Agriculture USFWS .............................................................................................................. United States Fish and Wildlife Service USGS ............................................................................................................................. United States Geological Survey μg/m3................................................................................................................................... micrograms per cubic meter VdB ................................................................................................................................................vibration-velocity level Chapter 1 Introduction
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Chapter 1 Introduction
Provost & Pritchard Consulting Group (Provost & Pritchard) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of the City of Porterville (City) to address the potential environmental effects of the proposed Union Avenue Reconstruction Project (Project). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. The City is the CEQA lead agency for this proposed Project.

The site and the Project are described in detail in the Chapter 2 Project Description.

1.1 Regulatory Information
An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accordance with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq)-- also known as the CEQA Guidelines--Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels. A negative declaration (ND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment. An ND is a written statement describing the reasons why a proposed project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a ND or mitigated ND shall be prepared for a project subject to CEQA when either:
a. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed project may have a significant effect on the environment, or b. The IS identified potentially significant effects, but:

1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed MND and IS is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and

2. There is no substantial evidence, in light of the whole record before the agency, that the proposed project as revised may have a significant effect on the environment.

1.2 Document Format
This IS/MND contains five chapters and three appendices, Chapter 1 Introduction, provides an overview of the Project and the CEQA process. Chapter 2 Project Description, provides a detailed description of Project components and objectives. Chapter 3 Impact Analysis, presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible mitigation measures. If the Project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the Project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level. Chapter 3 concludes with the Lead Agency’s determination based upon this initial evaluation. Chapter 4 Mitigation Monitoring and Reporting Program (MMRP), provides the proposed mitigation measures, implementation Chapter 1 Introduction
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timelines, and the entity/agency responsible for ensuring implementation. Chapter 5 References provides a list of details of the resources used for reference material in this document.

The Road Construction Emissions Model, Biological Resources Information, and Cultural Resources Information, and are provided as technical Appendix A, Appendix B, and Appendix C, respectively, at the end of this document.

Chapter 2 Project Description
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Chapter 2 Project Description

2.1 Project Background and Objectives

2.1.1 Project Title
City of Porterville Task Order No. 19
Union Avenue Reconstruction Project (Project)

2.1.2 Lead Agency/Project Proponent Name and Address
The City of Porterville
291 North Main Street
Porterville, CA 93257

2.1.3 Contact Person and Phone Number
Lead Agency Contact
City of Porterville Community Development
Jason Ridenour, Community Development Director
(559) 782-7460
CEQA Consultant
Provost & Pritchard Consulting Group
Briza G. Sholars, Senior Planner
(559) 449-2700

2.1.4 Project Location
The City of Porterville is located in the southeastern portion of the San Joaquin Valley, at the base of the foothills of the Sierra Nevada Mountains. The City is approximately 70 miles south of Fresno and 50 miles north of Bakersfield, in the south central portion of Tulare County. Visalia, the County seat, is approximately 30 miles to the northwest. (see Figure 2-1) Neighboring communities include Strathmore, Springville, Terra Bella, Tipton, Pixley, Woodville, Richgrove, and Lindsay. Sequoia National Park is approximately 50 miles to the northeast. Porterville is served by State Routes 65 and 190 and is approximately 17 miles east of State Route (SR) 99, a major San Joaquin Valley transportation arterial. Success Reservoir (Lake) and Dam are located on the Tule River approximately five miles east of Porterville. The proposed Project is for the road reconstruction of Union Avenue between Indiana and Jaye Streets. The total Area of Potential Effect (APE) is approximately one-half mile in length.

2.1.5 Latitude and Longitude
The coordinates for the centroid of the road reconstruction Project are: 36.033770 N. -119.014833 W.

Chapter 2 Project Description
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2.1.6 General Plan Designation
The Project site is designated as road right-of-way. The adjacent land designations have been summarized in Table 2-1 below and illustrated in Figure 3-3.

Table 2-1. Onsite and Adjacent General Plan Land Use Designations Project Area General Plan Designation
General Plan Land Use(Onsite): ROW
General Plan Land Use (Adjacent lands): North: Low and Medium Density Residential, Education General Plan Land Use (Adjacent lands): South: Medium Density Residential, Parks and Recreation General Plan Land Use (Adjacent lands): East: Medium Density Residential General Plan Land Use (Adjacent lands): West: Medium Density Residential, Low Density Residential, Parks and Recreation

2.1.7 Zoning
The Project area is zoned as road right-of-way. The adjacent land zoning designations have been summarized in Table 2-2 below and illustrated in Figure 3-4.

Table 2-2. Onsite and Adjacent Zoning
Project Area Zone District
Zoning (Onsite): ROW
Zoning (Adjacent Lands): North: RS-2 Low Density Residential, RM-2 Medium Density Residential, Public and Semi Public
Zoning (Adjacent Lands): South: CG General and Service Commercial Zoning (Adjacent Lands): East: RM-2 Medium Density Residential Zoning (Adjacent Lands): West: RM-2 Medium Density Residential

2.1.8 Description of Project

2.1.8.1 Project Description
The City of Porterville proposes to reconstruct a portion of Union Avenue between Indiana and Jaye Streets, approximately one-half mile in length. The reconstruction would include the widening of Union Avenue to the standard width of 56 ft right of way; improving Western Street to Orange Avenue to correct drainage issues, completing the connection of Chess Terrace to Union Avenue, and improving Cottage Street south of Union Avenue. Project activities include pavement; water, sewer, and storm drain installation; curb, gutters, sidewalks and landscaped parkways; streetlights, and possible utility relocation. Some of these activities may involve property acquisition as necessary. The APE is 4.6 acres.

No trees or vegetation will be removed as part of this Project or any of its activities.

2.1.8.2 Construction
Generally, construction would occur between the hours of 7 am and 5 pm, Monday through Friday, excluding holidays. This road reconstruction project would require temporary staging and storage areas for materials and equipment; all prospective staging areas are within the Project APE.

Reconstruction of the approximately one half-mile section of Union Avenue is anticipated to take approximately six months. Likely construction equipment would include excavators, backhoe, compaction rollers and work trucks.

Chapter 2 Project Description
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Although construction is not expected to generate hazardous waste, field equipment used during construction has the potential to contain various hazardous materials such as diesel fuel, hydraulic oil, grease, solvents, adhesives, paints, and other petroleum-based products.

2.1.8.3 Maintenance
City staff would handle the ongoing future maintenance of the Project area and project related infrastructure.

2.1.9 Best Management Practices
The Project has incorporated standard Best Management Practices (BMPs) relating to air quality, hazardous materials, water quality, and traffic, as summarized below. All BMPs for the Project construction would be incorporated into the construction documents (plans and specifications), thereby contractually obligating contractors and subcontractors to adhere to these practices. These BMPs are not intended to serve as mitigation measures since they have been incorporated into the project description.

Table 2-3 Best Management Practices for Construction Activities Best Management Practices for Construction Activities
Air Quality – 1

SJVAPCD
Regulation VIII
Control
Measures

1. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover.

2. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant.

3. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking.

4. With the demolition of buildings up to six stories in height, all exterior surfaces of the building shall be wetted during demolition.

5. When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained.

6. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.)

7. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.

8. Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday.

9. An owner/operator of any site with 150 or more vehicle trips per day, or 20 or more vehicle trips per day by vehicles with three or more axles shall implement measures to prevent carryout and trackout. 1
Hazardous
Materials – 1
All construction
projects
Ensure Proper
Vehicle and
Equipment
Fueling and
Maintenance

1. No fueling or servicing will be done in a waterway, unless equipment stationed in these locations is not readily relocated (i.e., pumps, generators).

2. For stationary equipment that must be fueled or serviced on-site, containment will be provided in such a manner that any accidental spill will 1 (San Joaquin Valley Air Pollution Control District, 2021). Accessed September 23, 2021 Chapter 2 Project Description
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Best Management Practices for Construction Activities
not be able to come in direct contact with soil, surface water, or the storm drainage system.

3. All fueling or servicing done at the job site will provide containment to the degree that any spill will be unable to enter any waterway or damage riparian vegetation.

4. All vehicles and equipment will be kept clean. Excessive build-up of oil and grease will be prevented.

5. All equipment will be inspected for leaks each day prior to initiation of work.

Maintenance, repairs, or other necessary actions will be taken to prevent or repair leaks, prior to use.

6. If emergency repairs are required in the field, only those repairs necessary to move equipment to a more secure location will be done in a channel or flood plain.

Hazardous
Materials – 2
All construction
projects
Utilize Spill
Prevention
Measures

1. Prevent the accidental release of chemicals, fuels, lubricants, and non-storm drainage water following these measures:

2. Field personnel will be appropriately trained in spill prevention, hazardous material control, and clean-up of accidental spills;

3. Equipment and materials for cleanup of spills will be available on site, and spills and leaks will be cleaned up immediately and disposed of according to applicable regulatory requirements;

4. Field personnel will ensure that hazardous materials are properly handled and natural resources are protected by all reasonable means;

5. Spill prevention kits will always be in close proximity when using hazardous materials (e.g., at crew trucks and other logical locations), and all field personnel will be advised of these locations; and,

6. The work site will be routinely inspected to verify that spill prevention and response measures are properly implemented and maintained.

Transportation/
Traffic – 1
Construction
activities on or
adjacent to public
roads
Incorporate
Public Safety
Measures

1. Fences, barriers, lights, flagging, guards, and signs will be installed as determined appropriate by the City of Porterville, to give adequate warning to the public of the construction and of any dangerous conditions to be encountered as a result thereof.

Water Quality – 1
All construction
projects
Maintain Clean
Conditions at
Work Sites

1. The work site, areas adjacent to the work site, and access roads will be maintained in an orderly condition, free and clear from debris and discarded materials on a daily basis. Personnel will not sweep, grade, or flush surplus materials, rubbish, debris, or dust into storm drains or waterways.

2. For activities that last more than one day, materials or equipment left on the site overnight will be stored as inconspicuously as possible and will be neatly arranged. Any materials and equipment left on the site overnight will be stored to avoid erosion, leaks, or other potential impacts to water quality

3. Upon completion of work, all building materials, debris, unused materials, concrete forms, and other construction-related materials will be removed from the work site.

Water Quality – 2
All construction
projects
Manage
Sanitary and
Septic Waste

1. Temporary sanitary facilities will be located on jobs that last multiple days, in compliance with California Division of Occupational Safety and Health (Cal/OSHA) regulation 8 California Code of Regulations 1526. All temporary sanitary facilities will be located where overflow or spillage will not enter a watercourse directly (overbank) or indirectly (through a storm drain).

Water Quality – 3
All construction
projects
Storm Water
Pollution
Prevention Plan

1. For construction activity covering more than one acre, a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the Central Valley Regional Water Quality Control Board (CVRWQCB) and an Chapter 2 Project Description
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Best Management Practices for Construction Activities
Order No. 2009-0009-DWQ Construction General Permit shall be obtained and implemented throughout construction.

2.1.10 Site and Surrounding Land Uses and Setting
The road reconstruction Project runs through the City and is surrounded by residential properties. See Figure 3-3 and Figure 3-4 for the general plan and zoning designations, respectively.

2.1.11 Other Public Agencies Whose Approval May Be Required • San Joaquin Valley Air Pollution Control District (SJVAPCD) • California Department of Fish & Wildlife (CDFW)

2.1.12 Consultation with California Native American Tribes Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14)) requires that a lead agency, within 14 days of determining that it will undertake a project, must notify in writing any California Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The notice must briefly describe the project and inquire whether the Tribe wishes to initiate request formal consultation. Tribes have 30 days from receipt of notification to request formal consultation. The lead agency then has 30 days to initiate the consultation, which then continues until the parties come to an agreement regarding necessary mitigation or agree that no mitigation is needed, or one or both parties determine that negotiation occurred in good faith, but no agreement will be made.

The City of Porterville has received written correspondence from the Santa Rosa Rancheria Tachi Yokut Tribe and the Tule River Indian Tribe pursuant to Public Resources Code Section 21080.3.1 requesting notification of all proposed projects. A formal notification letter was sent to the Tribe on January 13, 2022. The City did not receive any further correspondence requesting consultation from the Tribes.

Chapter 2 Project Description
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Figure 2-1. Regional Location Map
Chapter 2 Project Description
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Figure 2-2. Topographic Quadrangle Map
Chapter 2 Project Description
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Figure 2-3. Aerial /APE Map
Chapter 3 Impact Analysis
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Chapter 3 Impact Analysis

3.1 Environmental Factors Potentially Affected
As indicated by the discussions of existing and baseline conditions, and impact analyses that follow in this Chapter, environmental factors not checked below would have no impacts or less than significant impacts resulting from the project. Environmental factors that are. checked below would have potentially significant impacts resulting from the project. Mitigation measures are recommended for each of the potentially significant impacts that would reduce the impact to less than significant.

Aesthetics Agriculture & Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance The analyses of environmental impacts here in Chapter 3 Impact Analysis are separated into the following categories:

Potentially Significant Impact. This category is applicable if there is substantial evidence that an effect may be significant, and no feasible mitigation measures can be identified to reduce impacts to a less than significant level. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

Less than Significant with Mitigation Incorporated. This category applies where the incorporation of mitigation measures would reduce an effect from a “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measure(s), and briefly explain how they would reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross-referenced).

Less than Significant Impact. This category is identified when the project would result in impacts below the threshold of significance, and no mitigation measures are required.

No Impact. This category applies when a project would not create an impact in the specific environmental issue area. “No Impact” answers do not require a detailed explanation if they are adequately supported by the information sources cited by the lead agency, which show that the impact does not apply to the specific project (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis)
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3.2 Aesthetics
Table 3-1. Aesthetics Impacts
Aesthetics Impacts
Except as provided in Public Resources Code
Section 21099, would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are
experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing
scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?

3.2.1 Environmental Setting and Baseline Conditions
The City of Porterville is located in the southern portion of the San Joaquin Valley and sits at the base of the Sierra Nevada Mountains. Much of Porterville has views of the mountains and associated foothills to the east, surrounding urban development within the City, and agricultural landscapes to the north, west and south. There are no officially designated scenic resources within the City of Porterville, however eastward views to the Sierra Nevada foothills and mountains within the city are considered scenic vistas. The General Plan identifies the Tule River and Rocky Hill as prominent landmarks within the City and has adopted guiding policies around preserving these areas as open space. In addition, the General Plan considers the agricultural foundation of the City’s development patterns, surrounding topography, and landscape important for both community identity, aesthetic value, and environmental quality. There are two designated Scenic Highways that are associated with Tulare County. SR 99 near Goshen/Sequoia National Park at mile post R3.8. SR 65 near Porterville/Route 27 near Death Valley Junction. Neither of these are in the vicinity of the Project nor will they be affected by Project activities.

The aesthetic character of the Project site and the surrounding area is road right of way (ROW), majority residential homes along the section of Union Avenue. Figure 3-3 and Figure 3-4 respectively, show all of the varying land use designations and zoning along the approximate one-half mile Project APE.

The City of Porterville’s General Plan EIR, certified in November of 2007, addresses thresholds for potential significant adverse effects on visual resources2. These thresholds state that a significant adverse effect on visual resources would occur in the event that a project would:
• Block panoramic views or views of significant landscape features or landforms as seen from public viewing areas;
• Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway;
2 (City of Porterville General Plan DEIR, 2021). Page 57, Accessed September 23, 2021.

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• Substantially degrade the existing visual character or quality of the study area and its surroundings; or • Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. The Project and its activities would have no impact on any of the above thresholds.

3.2.2 Impact Assessment
a) Would the project have a substantial adverse effect on a scenic vista? No Impact. There are no scenic vistas identified in the project area. There are no structures or facilities, habitable or otherwise, that are proposed as part of the road reconstruction Project that would impair views to a scenic vista. There would be no components of the Project that would cause obstruction to the general public view of natural features nor would the Project have an adverse effect on a scenic vista. There would be no impact.
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no identified scenic resources, trees, rock outcroppings, or historic buildings within the Project site. There have been three historic buildings identified within the one-quarter mile radius, however, the Project and its’ activities would not have an impact on any of these structures. There are no State Scenic Highways within the Project’s vicinity3. Therefore, the Project would have no impact on scenic resources. c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public view are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? And No Impact. The Project site is located in an existing, developed, urban area of the City of Porterville, and roadways are part of the existing visual character in the area. The reconstruction activities and the outcome of the Project would not substantially degrade or interfere in any way the existing visual character or quality of public views of the site and its surroundings, but rather improve upon the character, quality, safety and visual nature of the surrounding area. Upgrading road reconstruction activities would include pavement, water, sewer and storm drain installation, curb, gutters, sidewalks, landscaped parkways, streetlights and possible utility relocation. The Project would not conflict with any applicable zoning or other regulations governing scenic quality. There would be no impact.
d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact. Streetlight equipment would be upgraded, replaced, or installed at various locations along Union Street and wherever needed. These streetlight equipment upgrades would be designed and implemented to City standards and comply with all applicable regulations as to not introduce any amount of significant glare or lighting nuisance to traffic or residents in the vicinity. Furthermore, the reconstruction activities along Union Avenue would be done during the day and additional light sources would not be necessary. Impacts would be considered less than significant. 3 (California Department of Transporation, 2021) Caltrans Scenic Highways. Accessed September 23, 2021 Chapter 3 Impact Analysis – Agriculture and Forestry Resources Task Order No. 19 Union Avenue Reconstruction Project
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3.3 Agriculture and Forestry Resources
Table 3-2. Agriculture and Forest Impacts
Agriculture and Forest Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of
forest land to non-forest use?

3.3.1 Environmental Setting and Baseline Conditions
The City of Porterville is located in the southern portion of the San Joaquin Valley at the base of the Sierra Nevada foothills. The City is surrounded by agricultural farmland, as is much of Tulare County. Agriculture is one of the most prominent open space uses in the City of Porterville4. Agriculture also is an important contributor to the City’s economy and character. California law requires that a General Plan address agricultural resources from both a soil conservation and open space perspective.

In order to determine the status of the Project site as being within lands considered an agricultural resource, the California State Department of Conservation’s (DOC) Farmland Mapping and Monitoring Program (FMMP) has been utilized. According to the FMMP, the entire Project site is located on urban, built up land. (Figure 3-1). No farmland would be taken out of production as a result of the road reconstruction Project for an existing roadway.

3.3.1.1 Farmland Mapping and Monitoring Program (FMMP):

The California DOC’s 2012 FMMP is a non-regulatory program that produces "Important Farmland" maps and statistical data used for monitoring conversion of California’s agricultural resources to non-agricultural uses. The maps are updated every two years with the use of a computer mapping system, aerial imagery, public review, and field reconnaissance. The Important Farmland maps identify eight land use categories, five of which 4 (City of Porterville, 2021) Chapter 6 Open Space & Conservation Element. Accessed September 24, 2021.

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are agriculture related: prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, and grazing land – rated according to soil quality and irrigation status. Each is summarized below5:
• PRIME FARMLAND (P): Farmland with the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. • FARMLAND OF STATEWIDE IMPORTANCE (S): Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture.

Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.
• UNIQUE FARMLAND (U): Farmland of lesser quality soils used for the production of the state's leading agricultural crops. This land is usually irrigated but may include non- irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date.
• FARMLAND OF LOCAL IMPORTANCE (L): Land of importance to the local agricultural economy as determined by each county's board of supervisors and a local advisory committee. • GRAZING LAND (G): Land on which the existing vegetation is suited to the grazing of livestock. The minimum mapping unit for Grazing Land is 40 acres.
• URBAN AND BUILT-UP LAND (D): Land occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel. This land is used for residential, industrial, commercial, institutional, public administrative purposes, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes.
• OTHER LAND (X): Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land.
•WATER (W): Perennial water bodies with an extent of at least 40 acres.

3.3.2 Impact Assessment
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The entire Project site has a Farmland Designation of Urban and Built Up land. There are no portions of the Project site along Union Avenue that are designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) by the FMMP, as demonstrated in Figure 3-1. The Project would not convert Prime Farmland or Farmlands of any designation. There would be no impact. 5 (Calfornia Department of Conservation, 2019) Accessed September 23, 2021.

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b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Project site is an approximate one-half mile stretch of Union Avenue, between Indiana and Jaye Streets in an urbanized area of the City Porterville. The entire Project APE is zoned Urban and Land Build Up. The Project area is not zoned for agricultural use nor is any part of the Project site under a Williamson Act contract. There would be no impact.
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? And No Impact. The entire Project site and the immediate surrounding areas have not been designated as forest land or timberland, nor have they been zoned as such. There would be no impact. d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? No Impact. The Project site and immediate surrounding areas do not contain forest land and therefore, would not convert forest land to non-forest use. There would be no impact. e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No Impact. The entire Project site and immediate surrounding areas do not contain farmland or forest lands of any kind. The location of the Project is entirely within an area of urban development, for an existing roadway and therefore, would not result in conversion of farmland or forest land to non-agricultural or to non-forest use. There would be no impact.

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Figure 3-1. Farmland Designation Map
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3.4 Air Quality
Table 3-3. Air Quality Impacts
Air Quality Impacts
Where available, the significance criteria
established by the applicable air quality
management district or air pollution control district
may be relied upon to make the following
determinations. Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?

3.4.1 Environmental Setting and Baseline Conditions
The Project is located in the San Joaquin Valley Air Basin (SJVAB or air basin). The San Joaquin Valley Air Pollution Control District (SJVAPCD) provides Guidelines for Assessing and Mitigating Air Quality Impacts (GAMAQI) for quantification of emissions and evaluation of potential impacts to air resources6 and Guidance for Land-Use Agencies in addressing greenhouse gas (GHG) Emission Impacts for New Projects under CEQA.7

3.4.1.1 Regulatory Attainment Designations
Under the California Clean Air Act (CCAA), the California Air Resources Board (CARB) is required to designate areas of the State as attainment, nonattainment, or unclassified with respect to applicable standards.

An “attainment” designation for an area signifies that pollutant concentrations did not violate the applicable standard in that area. A “nonattainment” designation indicates that a pollutant concentration violated the applicable standard at least once, excluding those occasions when a violation was caused by an exceptional event, as defined in the criteria. Depending on the frequency and severity of pollutants exceeding applicable standards, the nonattainment designation can be further classified as serious nonattainment, severe nonattainment, or extreme nonattainment, with extreme nonattainment being the most severe of the classifications. An “unclassified” designation signifies that the data does not support either an attainment or nonattainment designation. The CCAA divides districts into moderate, serious, and severe air pollution categories, with increasingly stringent control requirements mandated for each category.

The EPA designates areas for ozone, CO, and NO2 as “does not meet the primary standards,” “cannot be classified,” or “better than national standards.” For SO2, areas are designated as “does not meet the primary standards,” “does not meet the secondary standards,” “cannot be classified,” or “better than national 6 (San Joaquin Valley Air Pollution Control District, 2015). Accessed September 2021. 7 (San Joaquin Valley Air Pollution Control District, 2009) Accessed September 2021.

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standards.” However, the CARB terminology of attainment, nonattainment, and unclassified is more frequently used. The EPA uses the same sub-categories for nonattainment status: serious, severe, and extreme. In 1991, EPA assigned new nonattainment designations to areas that had previously been classified as Group I, II, or III for PM10 based on the likelihood that they would violate national PM10 standards. All other areas are designated “unclassified.”
The State and national attainment status designations pertaining to the SJVAB are summarized in Appendix A. The SJVAB is currently designated as a nonattainment area with respect to the State PM10 standard, ozone, and PM2.5 standards. The SJVAB is designated nonattainment for the NAAQS 8-hour ozone and PM2.5 standards. On September 25, 2008, the EPA re-designated the San Joaquin Valley to attainment status for the PM10 NAAQS and approved the PM10 Maintenance Plan.

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Table 3-4. Summary of Ambient Air Quality Standards and Attainment Designation Pollutant Averaging
Time
California Standards* National Standards*
Concentration* Attainment
Status Primary Attainment Status
Ozone
(O3)
1-hour 0.09 ppm Nonattainment/
Severe –
No Federal
Standard
8-hour 0.070 ppm Nonattainment 0.075 ppm Nonattainment
(Extreme)**
Particulate Matter
(PM10)
AAM 20 μg/m3
Nonattainment
–
Attainment
24-hour 50 μg/m3 150 μg/m3
Fine Particulate
Matter (PM2.5)
AAM 12 μg/m3
Nonattainment
12 μg/m3
Nonattainment
24-hour No Standard 35 μg/m3
Carbon Monoxide
(CO)
1-hour 20 ppm
Attainment/
Unclassified
35 ppm
Attainment/
Unclassified
8-hour 9 ppm 9 ppm
8-hour
(Lake Tahoe) 6 ppm –
Nitrogen Dioxide
(NO2)
AAM 0.030 ppm
Attainment
53 ppb Attainment/
Unclassified 1-hour 0.18 ppm 100 ppb
Sulfur Dioxide
(SO2)
AAM –
Attainment
--
Attainment/
Unclassified
24-hour 0.04 ppm --
3-hour – 0.5 ppm
1-hour 0.25 ppm 75 ppb
Lead (Pb)
30-day Average 1.5 μg/m3
Attainment
–
No Designation/
Classification
Calendar Quarter –
--
Rolling 3-Month
Average – 0.15 μg/m3
Sulfates (SO4) 24-hour 25 μg/m3 Attainment
No Federal Standards
Hydrogen Sulfide
(H2S) 1-hour 0.03 ppm (42 μg/m3)
Unclassified
Vinyl Chloride
(C2H3Cl) 24-hour 0.01 ppm
(26 μg/m3)
Attainment
Visibility-Reducing
Particle Matter 8-hour
Extinction
coefficient: 0.23/kmvisibility of 10 miles
or more due to
particles when the
relative humidity is
less than 70%.

Unclassified
* For more information on standards visit: https://ww3.arb.ca.gov/research/aaqs/aaqs2.pdf ** No Federal 1-hour standard. Reclassified extreme nonattainment for the Federal 8-hour standard September 2020. ***Secondary Standard
Source: CARB 2015; SJVAPCD 2015
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3.4.2 Methodology of Determining the Significance of Air Quality Impacts Conclusions in this Air Quality Impact section rely on model calculations (The SacMetro Road Construction Emissions Model version 9.0.0), and that information found in the Air Quality Output Files (Appendix A).

The sections below detail conclusions and recommendations based on the model calculations.

To assist local jurisdictions in the evaluation of air quality impacts, the SJVAPCD published the GAMAQI.

This guidance document includes recommended thresholds of significance to be used for the evaluation of short-term construction, long-term operational, odor, toxic air contaminant, and cumulative air quality impacts.

Accordingly, the SJVAPCD-recommended thresholds of significance are used to determine whether implementation of the Project would result in a significant air quality impact. Projects that exceed these recommended thresholds would be considered to have a potentially significant impact to human health and welfare. The thresholds of significance are included in Table 3-5 through Table 3-6 to provide for a comparative significance determination.

Assessment of the significance of project air quality impacts may be considered on a regional or localized level.

Determination of project impacts on achieving the goal of air quality plans and evaluating impacts related to emissions of criteria pollutants are considered on both regional and localized levels in this analysis. Evaluation of impacts to sensitive receptors considers the project’s localized criteria pollutant emissions in this analysis.

Sources of the project’s localized criteria pollutant emissions would include: reactive organic gases (ROG), Nitrogen oxides (NOx), PM2.5, PM10, CO, NO2, and Toxic Air Contaminants (TACs) which include acetaldehyde, benzene, 1.3 butadiene, carbon tetrachloride, hexavalent chromium, paradichlorobenzene, formaldehyde, methylene chloride, perchloroethylene, and diesel particulate matter a complex mixture of substances.

3.4.2.1 Short-Term Construction-Generated Emissions
Short-term construction emissions associated with the Project were estimated using SacMetro Road Construction Emissions Model. The emissions modeling includes emissions generated by construction and grading equipment most commonly associated with the site work, equipment delivery, and vehicle, equipment, and worker fuel usage. Emissions were quantified based on anticipated construction schedules and construction equipment requirements that would occur over approximately six months. All remaining assumptions were based on the default parameters contained in the model. Modeling assumptions and output files are included in Appendix A.

The SJVAPCD is responsible for controlling emissions primarily from stationary sources. However, the SJVAPCD also coordinates with the APCD’s eight county Councils of Government (COGs) or Metropolitan Planning Organizations (MPOs) that are responsible for regional transportation planning and funding programs. The COG and MPO Transportation Planning Programs are used by SJVAPCD in its responsibilities in developing, updating, and implementing air quality attainment plans for the air basin. The SJVAPCD has adopted ozone plans and particulate matter plans for purposes of controlling harmful emissions and achieving attainment of state and national attainment standards. A project that would exceed established thresholds for criteria pollutants would be considered to have a significant impact on the implementation of air quality plans and would also constitute a cumulatively considerable net increase of criteria pollutants for which the air basin is in non-attainment.

Construction of the Project is expected to begin after Project approval with completion in 2022. The results of the emissions modeling for the Project are presented in Table 3-5.

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Table 3-5. Short-Term - Construction-Generated Emissions of Criteria Air Pollutants Year
Annual Emissions (Tons/Year)
ROG NOX CO PM10 PM2.5
2022 0.25 2.48 2.25 0.13 0.10
Maximum Annual Proposed Project
Emissions: 0.25 2.48 2.25 0.13 0.10
SJVAPCD Significance Thresholds: 10 10 100 15 15
Exceed SJVAPCD Thresholds? No No No No No

3.4.2.2 Long-Term - Operational Emissions
The SacMetro Road Construction Emissions Model does not analyze operational emissions from vehicle traffic for roadway projects. Widening Union Avenue, improving Western Street and Cottage Street, and completing the connection of Chess Terrace to Union Avenue would provide safe, improved access to housing and other facilities in the City. The Project would increase the safety and security of the transportation system, reduce traffic congestion and vehicle delays, flooding, and provide street improvements. In addition, there are no stationary source emissions resulting from the proposed Project.

Because the Project does not add any additional lanes for traffic it would not increase mobile source emissions beyond what is currently occurring within the City and would not otherwise violate any air quality standards or significantly increase any criteria pollutant and would not expose sensitive receptors to substantial pollutant concentrations. Project-related impacts to air quality would be considered less than significant.

3.4.3 Screening Thresholds for Determining Impacts to Sensitive Receptors Impacts to sensitive receptors would occur primarily during Project construction. Construction activities could produce short-term emissions that have the potential in large concentrations to contribute to cancer risk over a 70-year exposure period.

The SJVAB includes screening thresholds for identifying projects that need detailed analysis for localized impacts. Projects with on-site emission increases from construction activities that exceed the 100 pounds per day screening level of any criteria pollutant after compliance with Rule 9510 and implementation of all applicable mitigation measures would require preparation of an ambient air quality analysis. The criteria pollutants of concern are NOx, CO, PM10, and PM2.5. There is no localized emission standard for ROG and most types of ROG are not toxic and have no health-based standard, however, ROG was included for informational purposes only.

Table 3-6 lists the maximum daily air pollutant emissions generated by the Project during construction.

Table 3-6. Maximum Daily Air Pollutant Emissions During Construction Maximum Daily Emissions by Year
Emissions (Pounds/Daily)
ROG NOX CO PM10 PM2.5
Construction 2022 5.30 55.25 46.54 2.66 2.18
Maximum Daily Proposed Project Emissions: 5.30 55.25 46.54 2.66 2.18 SJVAPCD Screening Thresholds 100 100 100 100 100
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Table 3-6 demonstrates the Project’s impacts as evaluated against SJVAPCD screening thresholds for criteria pollutant emissions used to determine significance in accordance with health-based standards would not exceed and would be considerably below the significance thresholds.

3.4.4 Impact Assessment
a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. The CEQA Guidelines indicate that a significant impact would occur if the Project would conflict with or obstruct implementation of the applicable air quality plan. The GAMAQI does not provide specific guidance on analyzing conformity with the Air Quality Plan (AQP). Therefore, when analyzing this Project the following criteria was used for determining Project consistency with the current AQPs:

1. Will the project result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQPs?
Whether this criterion is met is determined by comparison of Project emissions to the regional and localized thresholds identified by the SJVAPCD for regional and local air pollutants.

2. Will the project comply with applicable control measures set forth in the AQPs? The primary control measures applicable to development projects in the SJVAPCD is the required compliance with Regulation VIII-Fugitive PM10 Prohibitions and Rule 9510-Indirect Source Review.

Regional air quality impacts and attainment of standards are the result of cumulative impacts of all emission sources within the air basin. Individual projects are generally not large enough to contribute measurably to an existing violation of air quality standards. Therefore, the cumulative impact of the Project is important because it is based on its cumulative contribution combined with one or more other closely related past, present, and reasonably foreseeable probably future projects emitting similar emissions. Because of the region’s nonattainment status for ozone, PM2.5, and PM10, if Project generated emission of either of the ozone precursor pollutants ROG, NOx, PM10, or PM2.5 would exceed the SJVAPCD’s significance thresholds, then the Project would be considered to contribute to violations of the applicable standards and conflict with the attainment plans. As demonstrated in Table 3-5 for construction-generated emissions, and discussed in Section 3.4.2.2, operational emissions of criteria pollutants would not exceed the SJVAPCD’s significance thresholds.

Therefore, the Project would not contribute to air quality violations in conflict with attainment plans.

As stated in No. 2 above, the AQP contains a number of control measures, including Regulation VIII-Fugitive PM10 Prohibitions and Rule 9510-Indirect Source Review which are applicable to the Project. Both of these are adopted by the SJVAPCD and constitute enforceable requirements with which the Project must comply. The Project is expected to comply with all applicable SJVAPCD rules and regulations; therefore, the Project complies with the criterion and would not conflict with or obstruct implementation of the applicable air quality attainment plans and the impact would be less than significant. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. To result in a less than significant impact, the following criteria must be true:

1. Regional analysis: emission of non-attainment pollutants must be below the SJVAPCD’s regional significance thresholds.

This is an approach recommended by the SJVAPCD in its GAMAQI.

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2. Summary of projections: the project must be consistent with current air quality attainment plans including control measures and regulations.

This is an approach consistent with Section 15130(b) of the CEQA Guidelines.

3. Cumulative health impacts: the project must result in less than significant cumulative health effects from the non-attainment pollutants.

This approach correlates the significance of the regional analysis with health effects, consistent with the court decision in Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184, 1219-20.

As discussed in impact question a) above, Project generated emissions are below the SJVAPCD’s regional significance thresholds and the Project is consistent with current air quality attainment plans including control measures and regulations.

With respect to cumulative health impacts, the air basin is in non-attainment for ozone, PM2.5, and PM10 (state only), which means that the background levels of those pollutants are at times higher than the ambient air quality standards. The air quality standards were set to protect public health, including the health of sensitive individuals (such as children, the elderly, and persons with pre-existing respiratory or cardiovascular illnesses (the infirm)). Therefore, when the concentration of those pollutants exceeds the standard, it is likely that some sensitive individuals in the population would experience adverse health effects. Since the air basin is already in non-attainment, it is considered to have an existing significant cumulative health impact without the Project.

The issue is whether the Project’s contribution to the existing violation of air quality standards is cumulatively considerable.

The SJVAPCD through its GAMAQI has determined that projects that exceed regional thresholds would have a cumulatively considerable health impact. As demonstrated in Table 3-6, the project would not exceed the SJVAPCD’s significance thresholds and its cumulatively considerable impacts would be less than significant. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Sensitive receptors are those who are sensitive to air pollution, including children, the elderly, and the infirm. The SJVAPCD considers a sensitive receptor a location that houses or attracts children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants.

Examples of sensitive receptors include hospitals, residences, convalescent facilities, and schools. The closest existing off-site sensitive receptors are single-family homes located on adjacent properties. Porterville High School is located at the north end of the work that will take place on Western Street.

As demonstrated in Table 3-6, during construction the Project would not exceed the SJVAPCD’s thresholds established in accordance with health-based standard for determining significance of criteria pollutant emissions. As a result of the Project, traffic would not be increased on Union Avenue, or any of the connecting streets, and there would not be an increase in operational emissions. Therefore, in accordance with these standards, the Project would have a less than significant impact related to exposure of sensitive receptors to substantial pollutant concentrations.
d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
No Impact. Land uses that are typically identified as sources of objectionable odors include landfills, transfer stations, sewage treatment plants, wastewater pump stations, composting facilities, feed lots, coffee roaster, asphalt batch plants, and rendering plants, among other uses. The Project does not include any of these activities or land uses. The Project would therefore have no impact with respect to generation of emissions leading to odors or other adverse or objectionable emissions.

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3.5 Biological Resources
Table 3-7. Biological Resources Impacts
Biological Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.

Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish
and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?

3.5.1 Environmental Setting and Baseline Conditions
The Project is located within the City of Porterville, which is located on the eastern edge of valley floor near the base of the Sierra Nevada foothills in Tulare County, California. This area is geographically situated in the lower San Joaquin Valley, part of the Great Valley of California (See Figure 2-2). The Valley is bordered by the Sierra Nevada Mountain Ranges to the east, the Coast Ranges to the west, the Klamath Mountains and Cascade Range to the north, and the Transverse Ranges and Mojave Desert to the south. The Project is located between Indiana and Jaye Streets. The majority of the Project is taking place in the street right of way which has years of heavy human disturbance and compaction.

Web Soil Survey (WSS) provides soil data and information produced by the National Cooperative Soil Survey.

It is operated by the USDA Natural Resources Conservation Service (NRCS) and provides access to the largest natural resource information system in the world. NRCS has soil maps and data available online for more than Chapter 3 Impact Analysis – Biological Resources
Task Order No. 19 Union Avenue Reconstruction Project
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95 percent of the nation’s counties and anticipates having 100 percent in the near future. The site is updated and maintained online as the single authoritative source of soil survey information.

Soil surveys can be used for general farm, local, and wider area planning. Onsite investigation is needed in some cases, such as soil quality assessments and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center at the following link: USDA Service Center or your NRCS State Soil Scientist at the following link: NRCS State Soil Scientist. A custom soils report was generated using the Natural Resources Conservation Service for the Project APE. The soils in the APE consist of San Emigdio loam and Tujunga sand. These soils are fine sands and considered well to somewhat excessively drained.

There is no tree or vegetation removal being proposed as part of the Project activities or implementation. The trees, bushes and existing vegetation is composed of typical residential urban landscaping. Possible trees and vegetation present include Palms trees, crepe myrtles, willows and various shrubs and bushes.

The APE is located in the San Joaquin Valley Tule Groundwater Basin 5.022.13. Watersheds, closest water sources and HUC should be discussed
Provost & Pritchard conducted desktop research and analysis of Project-related impacts to biological resources based on information describing biological resources already known to exist or with potential to exist within the Project site and surrounding areas or similar habitats. Sources of information used in preparation of this analysis included: the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB); the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) system; the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Vascular Plants of California; CalFlora’s online database of California native plants; the Jepson Herbarium online database (Jepson eFlora); the USFWS Environmental Conservation Online System (ECOS); the NatureServe Explorer online database; the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Plants Database; the CDFW California Wildlife Habitat Relationships (CWHR) database; the California Herps online database; and various manuals, reports, and references related to plants and animals of the San Joaquin Valley region.

A thorough search of the CNDDB for published accounts of special status plant and animal species was conducted for the Porterville 7.5-minute quadrangles that contains the Project site in its entirety, and for the eight surrounding quadrangles: Frazier Valley, Lindsay, Cairns Corner, Success Dam, Sausalito School, Ducor, Woodville, and Fountain Springs. An official species list was obtained using the USFWS IPaC system for federally-listed species with potential to be affected by the Project. These species and their potential to occur within the Area of Potential Effect (APE) are listed in Table 3-8 and Table 3-9 on the following pages.

Table 3-8. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity.

Species Status Habitat Occurrence on Project Site
American badger
(Taxidea taxus)
CSC
Grasslands, savannas, and mountain
meadows near timberline are preferred.

Most abundant in drier open spaces of
shrub and grassland. Burrows in soil.

Unlikely. Habitat within APE is
highly disturbed and unsuitable for
this species. There have been no
recent observations within the APE
with the closest observation at the
Porterville Airport which is located
approximately 2.6 miles southwest
of the APE.

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Species Status Habitat Occurrence on Project Site
blunt-nosed leopard
lizard (Gambelia
sila)
FE,
CE,
CFP
Inhabits semi-arid grasslands, alkali flats,
low foothills, canyon floors, large washes,
and arroyos, usually on sandy, gravelly, or
loamy substrate, sometimes on hardpan.

Often found where there are abundant
rodent burrows in dense vegetation or tall
grass. Cannot survive on lands under
cultivation. Known to bask on kangaroo
rat mounds and often seeks shelter at the
base of shrubs, in small mammal burrows,
or in rock piles. Adults may excavate
shallow burrows but rely on deeper preexisting rodent burrows for hibernation and reproduction.

Unlikely. Habitat within the APE is
marginally suitable for this species
due to high human disturbance and
presence. There have been no
recent observations near the APE.

California condor
(Gymnogyps
californianus)
FE,
CE,
CFP
Typically nests in cavities in canyon or
cliff faces, but has also been recorded
nesting in giant sequoias in Tulare County.

Requires vast expanse of open savannah,
grassland, and/or foothill chaparral in
mountain ranges of moderate altitude.

Forages up to 100 miles from roost/nest
site.

Unlikely. This species has been
reported nesting in Blue Ridge
National Wildlife Refuge
approximately 15 miles northeast of
the Project APE; however, this
species utilizes habitat less-than 3-
miles outside of town as part of
their foraging range.

Crotch bumble bee
(Bombus crotchii)
CCE
Occurs throughout coastal California, as
well as east to the Sierra-Cascade crest,
and south in to Mexico. Food plant
genera include Antirrhinum, Phacelia,
Clarkia, Dendromecon, Eschscholzia, and
Eriogonum.

Unlikely. Although the Project is
located within the historical range of
this species, suitable grassland
habitat is absent from the APE due
to disturbed and developed area
and are generally unsuitable for this
species.
northern California
legless lizard
(Anniella pulchra)
CSC
Found primarily underground, burrowing
in loose, sandy soil. Forages in loose soil
and leaf litter during the day. Occasionally
observed on the surface at dusk and night.

Absent. Habitat within APE is
highly disturbed and unsuitable for
this species. There have been no
recent observations near the APE.

The last observation near the APE
was April 2, 1940.
pallid bat
(Antrozous pallidus)
CSC
Found in grasslands, chaparral, and
woodlands, where it feeds on ground- and
vegetation-dwelling arthropods, and
occasionally takes insects in flight. Prefers
to roost in rock crevices, but may also use
tree cavities, caves, bridges, and other
man-made structures.

Unlikely. Roosting habitat for this
species is typically in the form of
bridges, crossings, and trees. Date
last seen July 13, 1946. There are no
bridges or crossings located in the
APE.

San Joaquin kit fox
(Vulpes macrotis
mutica)
FE, CT
Underground dens with multiple
entrances in alkali sink, valley grassland,
and woodland in valleys and adjacent
foothills.

Unlikely. There has been only one
reported occurrence of this species
in the vicinity of the APE within the
past 20 years. The disturbed and
developed habitats of the APE
make this area generally unsuitable
for this species. and while it seems
unlikely that a San Joaquin kit fox
would find the APE suitable for
denning, this species could pass
through the site while foraging or
during dispersal movements.

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Species Status Habitat Occurrence on Project Site
Swainson’s hawk
(Buteo swainsoni)
CT
Nests in large trees in open areas adjacent
to grasslands, grain or alfalfa fields, or
livestock pastures suitable for supporting
rodent populations.

Unlikely. Swainson’s hawks are
relatively uncommon in the eastern
portion of the Valley floor. Typical
nesting habitat is absent and
frequent human disturbance may
deter this species from nesting
within or adjacent to the APE. This
species could pass over the Project
site while foraging or during
migratory movements.

Tipton kangaroo rat
(Dipodomys
nitratoides
nitratoides)
FE,
CE
Burrows in soil. Often found in grassland
and shrubland.

Unlikely. Project APE is too
disturbed for this species. This
species was last seen was October
25, 1943, 7 miles northeast of
Tipton.

Townsend’s bigeared bat
(Corynorhinus
townsendii)
CSC
Occurs in a variety of habitats, but prefers
cool, dark roost sites, and are often found
in caves and mines. They roost in the
open, hanging from walls and ceilings.

Western populations typically forage on
moths in areas of dense foliage.

Unlikely. Roosting habitat for this
species is typically in the form of
bridges, crossings, and trees. This
species has never been recorded east
of the Friant-Kern Canal in Tulare
County. Date last seen April 4,
1941, 5 miles southeast of
Porterville. There are no bridges or
crossings located in the APE.
tricolored blackbird
(Agelaius tricolor)
CT,
CSC
Nests colonially near fresh water in dense
cattails or tules, or in thickets of riparian
shrubs. Forages in grassland and cropland.

Large colonies are often found on dairy
farm forage fields.

Absent. Suitable roosting, water
sources and foraging habitat is
absent from the APE and adjacent
lands. This species was last seen in
1971 in the vicinity of Success Lake
Dam.
valley elderberry
longhorn beetle
(Desmocerus
californicus
dimorphus)
FT
Lives in mature elderberry shrubs of the
Central Valley and foothills. Adults are
active March to June.

Unlikely. Suitable habitat in the
form of elderberry shrubs are absent
from the APE due to the heavy
disturbance and human activities.

There are no elderberry shrubs
within the APE.
vernal pool fairy
shrimp
(Branchinecta
lynchi)
FT
Occupies vernal pools, clear to teacolored water, in grass or mud-bottomed swales, and basalt depression pools.

Absent. Suitable habitat is absent
from the APE due to lacking the
appropriate soil type for vernal
pools. The APE consists of San
Emigdio loam and Tujunga sandy
soils which are both well to
somewhat excessively drained. This
species was last seen in 1941, 4
miles southeast of Porterville near
the north bank of Deer Creek.
western mastiff bat
(Eumops perotis
californicus)
CSC
Found in open, arid to semi-arid habitats,
including dry desert washes, flood plains,
chaparral, oak woodland, open ponderosa
pine forest, grassland, and agricultural
areas, where it feeds on insects in flight.

Roosts most commonly in crevices in cliff
faces but may also use high buildings and
tunnels.

Unlikely. Suitable roosting habitat
is absent from the Project area and
adjacent lands. At most, this species
could forage nocturnally over the
Project site. This species was last
seen in October of 1994 near Lake
Success.

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Species Status Habitat Occurrence on Project Site
western spadefoot
(Spea hammondii)
CSC
Prefers open areas with sandy or gravelly
soils, in a variety of habitats including
mixed woodlands, grasslands, coastal sage
scrub, chaparral, sandy washes, lowlands,
river floodplains, alluvial fans, playas,
alkali flats, foothills, and mountains.

Vernal pools or temporary wetlands,
lasting a minimum of three weeks, which
do not contain bullfrogs, fish, or crayfish
are necessary for breeding.

Unlikely. The APE is not located
within the historic and current range
of this species. This species was last
seen April 1978, approximately 14
miles from the APE, southwest of
Saucelito School in Terra Bella, CA.

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Table 3-9. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity.

Species Status Habitat Occurrence on Project Site
alkali-sink
goldfields
(Lasthenia
chrysantha)
CNPS
1B
Found in vernal pool and wet saline flat
habitats. Occurrences documented in the
San Joaquin and Sacramento Valleys at
elevations below 656 feet. Blooms
February - April.

Unlikely. Habitat within APE is
highly disturbed and currently void
of any native vegetation. This
species was last seen is March 20,
1973. Possibly “extirpated” from
the APE.
brittlescale (Atriplex
depressa)
CNPS
1B
Found in the San Joaquin Valley and
Sacramento Valley in alkaline or clay soils,
typically in meadows or annual grassland
in at elevations below 1050 feet.

Sometimes associated with vernal pools.

Blooms June–October.

Absent. Suitable habitat is absent
from the APE. This species was last
seen is April 19, 1945, in the vicinity
of Pixley.
calico monkeyflower
(Diplacus pictus /
Mimulus pictus /
Eunanus pictus)
CNPS
1B
Found in the Sierra Nevada foothills and
the Tehachapi mountains in bare, sunny,
shrubby areas, and around granite
outcrops within foothill woodland
communities at elevations between 450
feet and 4100 feet. Blooms March – May.

Unlikely. Habitat within APE is
highly disturbed and currently
contains non-native vegetation
typical of urban landscaping. The
closest observations was in the
saddle of Rocky Hill between
elevation points 1593 and 1567,
west of Lake Success and east of
Porterville and was last observed
April 26, 1983.

California alkali
grass (Puccinellia
simplex)
CNPS
1B
Found in the San Joaquin Valley and
other parts of California in saline flats and
mineral springs within valley grassland
and wetland-riparian communities at
elevations below 3000 feet. Blooms
March–May.

Absent. Suitable habitat is absent
from the APE. This species was last
observed is March 25, 1998, 5.7
miles east of the Tulare Municipal
Airport.

California
jewelflower
(Caulanthus
californicus)
FE,
CE,
CNPS
1B
Found in the San Joaquin Valley and
Western Transverse Ranges in sandy soils.

Occurs on flats and slopes, generally in
non-alkaline grassland at elevations
between 230 feet and 6100 feet. Blooms
February–April.

Absent. Suitable habitat is absent,
and this species is presumed to be
“extirpated” from Tulare County.

Chaparral ragwort
(Senecio
aphanactis)
CNPS
2B
Found in chaparral, cismontane
woodland, and coastal scrub, typically
within drying alkaline flats at elevations
between 65–2800 feet. Blooms February–
May.

Absent. Suitable habitat is absent
from the APE. Development and
ongoing disturbance further make
the APE unsuitable for this species.

Earlimart orache
(Atriplex cordulata
var. erecticaulis)
CNPS
1B
Found in the San Joaquin Valley in saline
or alkaline soils, typically within valley and
foothill grassland at elevations below 375
feet. Blooms August–September.

Absent. Suitable habitat is absent
from the APE. Development and
ongoing disturbance further make
the APE unsuitable for this species.

Keck’s
checkerbloom
(Sidalcea keckii)
FE,
CNPS
1B
Occurs in cismontane woodland, valley
and foothill grassland, typically on grassy
slopes in clay soils at elevations between
275 feet – 1650 feet. Blooms April – May.

Absent. Typical soils and habitat
are absent from the APE.

Development and ongoing
disturbance further make the APE
unsuitable.
lesser saltscale
(Atriplex minuscula)
CNPS
1B
Found in the San Joaquin Valley in sandy,
alkaline soils in alkali scrub, valley and
foothill grassland, and alkali sink
communities at elevations below 750 feet.

Blooms April–October.

Absent. Typical suitable habitat for
this species is absent from the APE.

Development and ongoing
disturbance further make the APE
unsuitable for this species.

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Species Status Habitat Occurrence on Project Site
Lost Hills
crownscale (Atriplex
coronata var.
vallicola)
CNPS
1B
Found in the San Joaquin Valley in dried
ponds and alkaline soils in alkali scrub,
valley and foothill grassland, and vernal
pools at elevations below 2900 feet.

Blooms April–September.

Absent. Suitable habitat is absent
from the APE. Development and
ongoing disturbance further make
the APE unsuitable for this species.

Madera leptosiphon
(Leptosiphon
serrulatus)
CNPS
1B
Found in openings in foothill woodland,
often yellow-pine forest, and chaparral at
elevations between 1000 feet and 4300
feet. Blooms April – May.

Absent. Habitat within APE is
unsuitable for this species and too
highly disturbed to support the
growth of this species. APE is
outside known elevational range for
this species. There have been no
recent observations near the APE.
recurved larkspur
(Delphinium
recurvatum)
CNPS
1B
Occurs in poorly drained, fine, alkaline
soils in grassland and alakli scrub
communities at elevations between 100
feet and 2600 feet. Blooms March–June.

Absent. Suitable habitat for this
species is absent from the APE.

Development and ongoing
disturbance further make the
Project area unsuitable for this
species.

San Joaquin adobe
sunburst
(Pseudobahia
peirsonii)
FT,
CE,
CNPS
1B
Found in the San Joaquin Valley and the
Sierra Nevada Foothills in bare dark clay
soils in valley and foothill grassland and
cismontane woodland communities at
elevations between 325 feet and 2950 feet.

Blooms March–May.

Unlikely. The APE has been
previously disturbed and is mostly
void of native plant life. Union Ave
has some urban landscaping on
adjacent private properties. There
have been no recent observations
near the APE.

San Joaquin
woollythreads
(Monolopia
congdonii)
FE,
CNPS
1B
Occurs in the San Joaquin Valley in sandy
soils on alkaline or loamy plains in valley
and foothill grassland and alkali scrub
communities at elevations between 180
feet and 2750 feet. Blooms February–
May.

Absent. The developed and
disturbed environment of the APE
are generally unsuitable for this
species.
shining navarretia
(Navarretia
nigelliformis ssp.
radians)
CNPS
1B
Found in cismontane woodland and valley
and foothill grassland communities,
sometimes in vernal pools. Occurs at
elevations between 200 feet and 3200 feet.

Blooms May – July.

Absent. The developed and
disturbed environments of the APE
are generally unsuitable for this
species.
spiny-sepaled
button-celery
(Eryngium
spinosepalum)
CNPS
1B
Found in the Sierra Nevada Foothills and
the San Joaquin Valley. Occurs in vernal
pools, swales, and roadside ditches. Often
associated with clay soils in vernal pools
within grassland communities. Occurs at
elevations between 50 feet and 4160 feet.

Blooms April–July.

Absent. Suitable habitat for this
species is absent from the APE.

Development and ongoing
disturbance further make the APE
unsuitable for this species.

Springville clarkia
(Clarkia
springvillensis)
FT,
CE,
CNPS
1B
Endemic to the woodlands and grasslands
of the southern portion of the Sierra
Nevada range, occurring primarily in the
Tule River watershed. Found at elevations
between 690-7400 feet. Blooms in May.

Absent. Suitable habitat is absent,
and the APE is outside of the
altitudinal range of this species.
striped adobe-lily
(Fritillaria striata)
CT,
CNPS
1B
Found in the Sierra Nevada foothills in
adobe soil within valley grassland and
foothill woodland communities at
elevations below 3300 feet. Blooms
February – April.

Absent. Typical suitable habitat for
this species is absent from the APE.

Development and ongoing
disturbance further make the APE
unsuitable for this species.

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Species Status Habitat Occurrence on Project Site
subtle orache
(Atriplex subtilis)
CNPS
1B
Found in the San Joaquin Valley in saline
depressions in alkaline soils within valley
and foothill grassland communities at
elevations below 330 feet. Blooms June–
October.

Absent. Suitable habitat for this
species is absent from the APE.

Development and ongoing
disturbance further make the APE
unsuitable for this species.

EXPLANATION OF OCCURRENCE DESIGNATIONS AND STATUS CODES FOR TABLES 3-10 & 3-11

Present: Species observed on the site at time of field surveys or during recent past.

Likely: Species not observed on the site, but it may reasonably be expected to occur there on a regular basis.

Possible: Species not observed on the site, but it could occur there from time to time.

Unlikely: Species not observed on the site, and would not be expected to occur there except, perhaps, as a transient.

Absent: Species not observed on the site, and precluded from occurring there due to absence of suitable habitat.

STATUS CODES
FE Federally Endangered CE California Endangered
FT Federally Threatened CT California Threatened
FPE Federally Endangered (Proposed) CCT California Threatened (Candidate) FPT Federally Threatened (Proposed) CFP California Fully Protected FC Federal Candidate CSC California Species of Special Concern CWL California Watch List
CCE California Endangered (Candidate)
CR California Rare

CNPS LISTING
1A Plants Presumed Extinct in California. 2 Plants Rare, Threatened, or Endangered in 1B Plants Rare, Threatened, or Endangered in California, but more common elsewhere.

California and elsewhere.

3.5.2 Impact Assessment
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less than Significant Impact with Mitigation Incorporated. Although it may be possible for some species to use the APE for foraging habitat, however it is not suitable or sustainable habitat due to the continued disturbance and human activity. The one-half mile of the APE does not adequately provide any regionally important habitat for any special-status species for the same reason. Most of this APE has been urbanized since the 1980’s, thus limiting habitat availability adequate for wild animals for the last 40 years. It is also possible that some species of birds may nest in trees (left undisturbed during or it can happen in disturbed areas but far less likely) during nesting season, however this is highly unlikely in the APE. Implementation of the following mitigation measure below would reduce any impacts to less than significant..

3.5.2.1 Project-Related Impacts to Special Status Animal Species Research literature indicates that 15 special status animal species have been documented in the APE, including:

American badger (Taxidea taxus), blunt-nosed leopard lizard (Gambelia sila), California condor (Gymnogyps californianus), Crotch bumble bee (Bombus crotchii), northern California legless lizard (Anniella pulchra), pallid bat (Antrozous pallidus), San Joaquin kit fox (Vulpes macrotis mutica), Swainson’s hawk (Buteo swainsoni), Tipton kangaroo rat (Dipodomys nitratoides nitratoides), Townsend’s big-eared bat (Corynorhinus townsendii), tricolored blackbird (Agelaius tricolor), valley elderberry longhorn beetle (Desmocerus californicus dimorphus), vernal pool fairy shrimp (Branchinecta lynchi), western mastiff bat (Eumops perotis californicus), and western spadefoot (Spea hammondii).

Chapter 3 Impact Analysis – Biological Resources
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Species specific discussions are discussed thoroughly in the Biological Resources Information (Appendix B) and are summarized below. With corresponding mitigation measures the impacts to special status species including nesting birds would be reduced to less than significant.

BIO-1 (Operational Hours): Construction shall be conducted during daylight hours to reduce disturbance to wildlife that could be foraging nocturnally within work areas.

BIO-2 (Avoidance): Construction activities will occur, if feasible, between September 16 and January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds.

Research literature indicates that 19 special status plant species have been documented in the Project vicinity, including brittlescale (Atriplex depressa), calico monkeyflower (Diplacus pictus/Mimulus pictus/Eunanus pictus), California alkali grass (Puccinellia simplex), California jewelflower (Caulanthus californicus), Chaparral ragwort (Senecio aphanactis), Earlimart orache (Atriplex cordulata var. erecticaulis), Keck’s checkerbloom (Sidalcia keckii), lesser saltscale (Atriplex minuscula), Lost Hills crownscale (Atriplex coronate var. vallicola), Madera leptosiphon (Leptosiphon serrulatus), recurved larkspur (Delphinium recurvatum), San Joaquin adobe sunburst (Pseudobahia perisonii), San Joaquin woollythreads (Monolopia congdonii), shining navarretia (Navarretia nigelliformis ssp. radians), spiny-sepaled button-celery (Eryngium spinosepalum), Springville clarkia (Clarkia springvillensis), striped adobe-lily (Fritillaria striata), subtle orache (Atriplex subtilis), and vernal pool smallscale (Atriplex persistens). As explained in Table 3-9, all of the aforementioned special status plant species are absent from the Project area due to past and ongoing disturbance and/or the absence of suitable habitat. Therefore, the implementation of the Project would have less than significant impact on individual plants or regional populations of these special status plant species.

Mitigation measures are not warranted.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No Impacts. There are no water sources within the APE, including wetlands. The closest water source is the Tule River located 0.30 miles southeast of the APE. The APE is located in an urbanized area surrounded by residential homes. The Project is not located on or near any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS. Also, the Project is not located on or near any State or federally protected wetlands. The Project APE does not contain soils that are suitable for vernal pools, the APE consists of San Emigdio loam and Tujunga sand which are well to somewhat excessively drained. Therefore, there will be no impacts. Mitigation measures are not warranted. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant Impact. The Project area does not contain features that would be likely to function as a wildlife movement corridor. Furthermore, the Project is located in a region inundated by human disturbance which would discourage dispersal and migration. Therefore, implementation of the Project will have no impact on wildlife movement corridors, and mitigation is not warranted. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. There is no tree or vegetation removal proposed as part of the Project. The trees and vegetation that is currently existing in the APE belongs to the residents in the Project area and is comprised of typical urban landscaping. The City of Porterville does not currently have a tree preservation ordinance, however the Chapter 3 Impact Analysis – Biological Resources
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Project would take all necessary precautions and steps necessary to preserve biological resources throughout the duration of construction and into implementation of the Project. The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance that would be created in the future. The City of Porterville’s General Plan has established the following policy that prohibits new and existing development to impact biological resources.

OSC-G-7 Protect habitat for special status species designated under State and Federal Law.

There would be no impact to any existing or future policies or ordinances protecting biological resources set forth by the City of Porterville.
f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project design would be consistent with the goals and policies of the City of Porterville 2030 General Plan. There are no known Habitat Conservation Plans or Natural Community Conservation Plans in the Project vicinity. There would be no impacts to local, regional, or State habitat conservation plans.

Mitigation is not warranted
Chapter 3 Impact Analysis – Cultural Resources
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3.6 Cultural Resources
Table 3-10. Cultural Resources Impacts
Cultural Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a historical resource pursuant to in §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c) Disturb any human remains, including those interred
outside of dedicated cemeteries?

3.6.1 Environmental Setting and Baseline Conditions
Tulare County is an archaeologically and culturally significant area and has one of the densest Native American populations in North America. Archaeological sites associated with the Santa Rosa Rancheria Tachi Yokut exists throughout the County, particularly adjacent to existing and former natural water and food sources. Many Yokut sites have been located, and the potential for remaining undiscovered sites within the County is high.

Many of the historic resources in Porterville, which date back to the days of its founding in the late 1800s, are located near Downtown. The City’s historic buildings reflect its changing role through time as a center of agriculture and commercial activities.8

3.6.1.1 Records Search
A records search from the Southern San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System (CHRIS), located at California State University, Bakersfield was conducted in May 2021. The SSJVIC records search includes a review of all recorded archaeological and builtenvironment resources as well as a review of cultural resource reports on file. In addition, the California Points of Historical Interest (SPHI), the California Historical Landmarks (SHL), the California Register of Historical Resources (CAL REG), the National Register of Historic Places (NRHP), and the California State Built Environment Resources Directory (BERD) listings were reviewed for the above referenced APE and an additional ¼-mile radius. Due to the sensitive nature of cultural resources, archaeological site locations are not released. (Appendix C).

Additional sources included the State Office of Historic Preservation (SHPO) Historic Properties Directory, Archaeological Determinations of Eligibility, and the California Inventory of Historic Resources.

3.6.1.2 Native American Outreach
The Native American Heritage Commission (NAHC) in Sacramento was also contacted in May 2021. They were provided with a brief description of the Project and a map showing its location and requested that the NAHC perform a search of the Sacred Lands File to determine if any Native American resources have been recorded in the immediate APE. The NAHC identifies, catalogs, and protects Native American cultural resources -- ancient places of special religious or social significance to Native Americans and known ancient 8 (City of Porterville, 2021). Accessed September 23, 2021.

Chapter 3 Impact Analysis – Cultural Resources
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graves and cemeteries of Native Americans on private and public lands in California. The NAHC is also charged with ensuring California Native American tribes’ accessibility to ancient Native American cultural resources on public lands, overseeing the treatment and disposition of inadvertently discovered Native American human remains and burial items, and administering the California Native American Graves Protection and Repatriation Act (CalNAGPRA), among many other powers and duties. NAHC provide a current list of Native American Tribal contacts to notify of the project. The ten tribal representatives identified by NAHC were contacted in writing via United States Postal Service in a letter mailed May 26, 2021, informing each Tribe of the Project.

No responses were received.

1. Big Sandy Rancheria of Western Mono Indians, Elizabeth D. Kipp, Chairperson

2. Dunlap Band of Mono Indians, Benjamin Charley Jr., Tribal Chair

3. Dunlap Band of Mono Indians, Dirk Charley, Tribal Secretary

4. Kern Valley Indian Community, Julie Turner, Secretary

5. Kern Valley Indian Community, Robert Robinson, Chairperson

6. Kern Valley Indian Community, Brandy Kendricks

7. Santa Rosa Rancheria Tachi Yokut Tribe, Leo Sisco, Chairperson

8. Tubatulabals of Kern Valley, Robert L. Gomez, Jr., Tribal Chairperson

9. Tule River Indian Tribe, Neil Peyron, Chairperson

10. Wuksache Indian Tribe/Eshom Valley Band, Kenneth Woodrow, Chairperson

3.6.2 Impact Assessment
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to in §15064.5?; and
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Less than Significant Impact with Mitigation Incorporated. A CHRIS records search, from the SSJVIC, was conducted in May 2021 and confirmed there have been no previous cultural resource studies conducted within the Project area. There have been nine cultural resource studies conducted within a one-half mile radius, TU00419, 00446, 01061, 01131, 01140, 01201, 01213, 01252, and 01704. The search also confirmed that there are no recorded resources within the Project APE and it is unknown if any resources exist there. There are 14 recorded cultural resources within the one-half mile radius, P-54-003108, 003109, 003110, 003111, 003112, 003113, 003114, 003115, 003116, 003161, 003166, 003210, 004626, and 004700. These resources all consist of historic era buildings in Porterville Historic District 2 and an historic era railroad. It is unlikely that the Project has the potential to result in significant impacts or adverse effects to cultural or historical resources, such as archaeological remains, artifacts or historic properties. However, in the improbable event that cultural resources are encountered during Project construction, implementation of mitigation measure CUL-1 outlined below, would reduce impacts to less than significant.

Mitigation Measure
CUL-1 (Archaeological Remains): Should archaeological remains or artifacts be unearthed during any stage of project activities, work in the area of discovery shall cease until the area is evaluated by a qualified archaeologist. If mitigation is warranted, the project proponent shall abide by recommendations of the archaeologist.
c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries? Less than Significant Impact with Mitigation Incorporated. The Project site is an existing roadway in the City of Porterville, specifically Union Avenue between Indiana and Jaye Streets. There is no evidence or record that the Project area has the potential to be an unknown burial site or the site of buried human remains. In the unlikely event of such a discovery, mitigation shall be implemented. With incorporation of mitigation measure Chapter 3 Impact Analysis – Cultural Resources
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CUL-2 outlined below, impacts resulting from the discovery of remains interred on the Project site would be less than significant.

Mitigation Measure
CUL-2 (Human Remains): In the event that any human remains are discovered on the Project site, the Tulare County Coroner must be notified of the discovery (California Health and Safety Code, Section 7050.5) and all activities in the immediate area of the find or in any nearby area reasonably suspected to overlie adjacent human remains must cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are not recent, but rather of Native American origin, the Coroner shall notify the Native American Heritage Commission (NAHC) in Sacramento within 24 hours to permit the NAHC to determine the Most Likely Descendent of the deceased Native American.

Chapter 3 Impact Analysis – Energy Resources
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3.7 Energy
Table 3-11. Energy Impacts
Energy Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?

3.7.1 Environmental Setting and Baseline Conditions
Southern California Edison provides electric service to Porterville residents. Natural gas service is primarily provided by the Southern California Gas Company. There are three major companies that provide communications services in Porterville: AT&T, Sprint, and Verizon. Charter Communications is the primary cable television and internet provider.

Construction equipment and construction worker vehicles operated during proposed Project construction would use fossil fuels. This increased fuel consumption would be temporary and would cease at the end of the construction activity. The Project would not have a residual permanent requirement for additional energy input. The marginal increases in fossil fuel use resulting from Project construction are not expected to have appreciable impacts on energy resources.

3.7.2 Impact Assessment
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? And; Less than Significant Impact. As discussed in Section 3.4, the Project would not exceed any air emission thresholds during construction or operation. The upgrades to the existing streetlights would potentially involve the use LED bulbs, which are used for energy efficiency. The streetlights would use the existing power grid and power supply and would not require a new power source. Streetlight equipment would be upgraded, replaced, or installed at various locations along Union Street and wherever needed. The Project would comply with all applicable construction best management practices and would be required to complete a Storm Water Prevention Plan Program (SWPPP) as part of construction. Once completed, the Project would be mostly passive in nature and would not use an excessive amount of additional energy or be wasteful in energy use. The Project would not result in environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources during construction or operation. The impact would be less than significant. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No Impact. Energy use during operation would be similar to, or less than, existing conditions. Construction activities of the road reconstruction Project would require energy use, but this energy use would not be wasteful or inefficient, nor would it require new or expanded electric power or natural gas facilities. No features of the Project would conflict with or obstruct State or local plans for renewable energy or energy efficiency. There would be no impacts on energy use or State/local energy plans.

Chapter 3 Impact Analysis – Geology and Soils
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3.8 Geology and Soils
Table 3-12. Geology and Soils Impacts
Geology and Soils Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication

42. ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994) creating
substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal
systems where sewers are not available for the
disposal of wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature?

3.8.1 Environmental Setting and Baseline Conditions
The City of Porterville sits on top of the alluvial fans of the Tule River and its distributaries. The alluvial fans are soft near the river and other waterways and firm in the north, northeast and downtown, areas as a transition to the granitic bedrock deposits in the foothills. The City of Porterville contains a wide variety of soil types which have a significant bearing on land planning and development. Porterville Clay is the most prominent soil type located within the City.9 While State and federal laws regulate soil quality, as indicated by the farmland classification system, local land use planning is important for limiting erosion potential. 9 (City of Porterville, 2021), Chapter 7 Public Health and Safety Element. Accessed September 23, 2021.

Chapter 3 Impact Analysis – Geology and Soils
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3.8.1.1 Geology and Soils
The Project is located in the City of Porterville, in the central section of California’s Great Valley Geomorphic Province, or Central Valley. The Sacramento Valley makes up the northern third and the San Joaquin Valley makes up the southern two-thirds of the geomorphic province. Both valleys are watered by large rivers flowing west from the Sierra Nevada Range, with smaller tributaries flowing east into the valley from the Coast Ranges.

Most of the surface of the Great Valley is covered by Quaternary (present day to 1.6 million years ago) alluvium.

From the time the Valley first began to form, sediments derived from erosion of igneous and metamorphic rocks and consolidated marine sediments in the surrounding mountains have been transported into the Valley by streams. An analysis of the Project soils onsite was performed using the USDA Natural Resource Conservation Service (NRCS) Soil Survey of the Project site, Table 3-13 below summarizes the soil characteristics.

3.8.1.2 Faults and Seismicity
The Project site is not located within an Alquist-Priolo Earthquake Fault Zone and no known faults cut through the site. The nearest unnamed fault is 4.7 miles south of the APE. The nearest named fault is the Mt. Poso fault, located 29.3 miles south of the Project APE. The San Andreas fault zone, Cholame-Carrizo section is 70 miles to the southwest.

3.8.1.3 Liquefaction
The potential for liquefaction, which is a phenomenon whereby unconsolidated and/or near-saturated soils lose cohesion and are converted to a fluid state as a result of severe vibratory motion, is dependent on soil types and density, depth to groundwater, and the duration and intensity of ground shaking. Although no specific liquefaction hazard areas have been identified in the county, this potential is recognized throughout the San Joaquin Valley where unconsolidated sediments and a high-water table coincide. Liquefaction risk in the project area is very low. An analysis of the soils in the Project area was performed using the USDA NRCS soil survey of Tulare County. (See Table 3-13)

3.8.1.4 Soil Subsidence
Subsidence occurs when a large land area settles due to over-saturation or extensive withdrawal of ground water, oil, or natural gas. These areas are typically composed of open-textured soils that become saturated.

These areas are high in silt or clay content.

The Project site is comprised of three main soil types, as shown in the table below. These soils are in the Project area are well drained and somewhat excessively drained. (See Table 3-13) Table 3-13. Project Soil Characteristics
Map unit name Parent Materials Rating Acres in APE Percent of APE San Emigdio loam, 0 to 2
percent slopes
Alluvium derived from granitoid
and/or alluvium derived from
sedimentary rock
Well drained 0.7 91.1%
Tujunga sand, 0 to 5 percent
slopes
Alluvium derived from granitoid Somewhat
excessively
drained

0.1 8.6%
Totals for Project Area 0.2 100%

3.8.1.5 Dam and Levee Failure
According to Figure 7-3 of the City of Porterville General Plan, the approximate half mile stretch of Union Avenue is located within the dam failure inundation zone for Lake Success10. 10 (City of Porterville, 2021). Chapter 7 Public Health and Safety Element. Accessed September 23, 2021 Chapter 3 Impact Analysis – Geology and Soils
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A breach or overflow event at Success Lake Dam could cause significant flooding in Porterville. This dam is overseen and maintained by the USACE and administered by the Sacramento District of the USACE’s regional office located in Porterville. Through their work, Porterville is provided with flood safety, water resources, electricity, recreation, and camping. It includes a recreation area, located eight miles east of the City of Porterville in the western portion of the Sierra Nevada foothills.. It spans 3,490 feet across the Tule River and is 142 feet high. When full, the lake holds 82,000 acre-feet of water with a surface area of 2,450 acres.

3.8.1.6 Paleontological Resources
Impacts to fossil sites from construction activities include the progressive loss of exposed rock, along with the unauthorized collection of fossil materials. Such losses would be irreplaceable. The California Environment Quality Act (CEQA) requires that impacts to paleontological resources be assessed and mitigated on all discretionary projects, public, and private under CEQA Guidelines Section 8.16.2.2. The General Plan recognizes the significance of paleontological resources requires preserving these sites through policies and guidelines set forth in the City’s General Plan.

3.8.1.7 Naturally Occurring Asbestos
Asbestos is a term used for several types of naturally-occurring fibrous minerals found in serpentine rock, and its parent material, ultramafic rock. These rock types are abundant in the Sierra foothills. Naturally-occurring asbestos (NOA) has been identified in Tulare County and ultramafic rocks have been generally mapped in the Porterville area. Figure 7-2 of the General Plan illustrates areas more likely to contain natural occurrences of asbestos.

Asbestos may be released from ultramafic and serpentine rock when it is broken or crushed. This can happen when land is graded for building or agriculture purposes, at quarrying operations, or when the soil is disturbed by other activities such as the digging of fire suppression trenches. It is also released naturally through weathering and erosion. Once released from the rock, asbestos can become airborne and may stay in the air for long periods of time. Airborne asbestos is classified as a human carcinogen. Exposure to asbestos can result in health ailments, such as lung cancer, mesothelioma (cancer of the linings of the lungs and abdomen), and asbestosis (scarring of lung tissues that results in constricted breathing). 11

3.8.2 Impact Assessment
a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
a-i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. a-ii) Strong seismic ground shaking?
Less than Significant Impact. The Project site and its vicinity are located in a developed area of the City of Porterville, traditionally characterized by relatively low seismic activity. The site is not located in an AlquistPriolo Earthquake Fault Zone as established by the Alquist-Priolo Fault Zoning Act, Section 2622 of Chapter

7.5, Division 2 of the California Public Resources Code.

There are no known earthquake faults through or within the immediate Project area, strong ground shaking is unlikely, and the Project does not include any habitable structures. Additionally, the reconstruction efforts along Union Avenue would comply with the most recent seismic standards as set forth in the California Building 11 (City of Porterville, 2021). Chapter 7 Public Health and Safety Element. Accessed September 23, 2021 Chapter 3 Impact Analysis – Geology and Soils
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Standards Code. Compliance with these standards are expected to ensure potential impacts related to strong seismic ground shaking and the impacts would be less than significant. a-iii) Seismic-related ground failure, including liquefaction? Less than Significant Impact. Seismic-related ground failures, such as ruptures, lateral spreading, ground lurching, seiches, or mudslides, are unlikely to occur in the City because of its relatively stable geologic formation and distance to active faults. However, the City’s General Plan states that there is a moderate risk of liquefaction near the Tule River due to the hillside topography and soil slumping. Because the Project site is generally level and does not involve the construction of any habitable structures, the Project would not expose people or structures to potential substantial effects associated with seismic-related ground failure, including liquefaction. Therefore, this impact would be considered than significant. a-iv) Landslides?
No Impact. There are no known major geologic landforms that exist on or near the Project site that could result in a landslide event. The Project site topography is generally flat and Project activities would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides. Therefore, there would be no impacts.
b) Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. Earthmoving activities associated with the Project would include excavation, grading, and construction over an area of approximately one-half mile stretch of Union Avenue. These activities could expose soils to erosion processes however, the extent of erosion would vary depending on slope steepness/stability, vegetation/cover, concentration of runoff, and weather conditions. Dischargers whose projects disturb one (1) or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the Statewide General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ). Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, and construction of linear underground or overhead facilities associated with path construction, but does not include regular maintenance activities performed to restore the original lines, grade, or capacity of the overhead or underground facilities.

The Construction General Permit requires the development of a SWPPP by a certified Qualified SWPPP Developer. Since the Project site has relatively flat terrain with a low potential for soil erosion and would comply with the State Water Resources Control Board (SWRCB) requirements, the Project’s impacts would be less than significant.
c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less than Significant Impact. As discussed in above, the potential for landslide or liquefaction is considered unlikely. Lateral spreading, subsidence, and collapse both on-site and off-site are also considered unlikely or less than significant for reasons previously discussed in these sections. Furthermore, the aforementioned physical properties of these soils make subsidence, liquefaction, lateral spreading, or other ground failure unlikely. Any impacts would be less than significant.
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant Impact. The soil types within the Project area consist of two soil types as listed in Table 3-13. These soil types are characterized as being well-drained and somewhat excessively drained. The Project does not involve the construction of habitable structures and would not create substantial risks to life or property. Any impacts would be considered less than significant.

Chapter 3 Impact Analysis – Geology and Soils
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e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The Project would not require connection septic tank, or sewer system, nor would it wastewater disposal systems as the road reconstruction Project would not generate wastewater. There would be no impact. f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature?
Less than Significant Impact. No known paleontological resources exist within the Project area. The Project site is developed roadway within City limits. Construction activities associated with the Project are not expected to be conducted significantly below grade, at a level where they would have the potential to disturb any previously unknown paleontological resources or geologic features. Impacts would be less than significant.

Chapter 3 Impact Analysis – Greenhouse Gas Emissions
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3.9 Greenhouse Gas Emissions
Table 3-14. Greenhouse Gas Emissions Impacts
Greenhouse Gas Emissions Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?

3.9.1 Environmental Setting and Baseline Conditions
The Earth’s climate has been warming for the past century. Experts believe this warming trend is related to the release of certain gases into the atmosphere. Greenhouse gases (GHG) absorb infrared energy that would otherwise escape from the Earth. As the infrared energy is absorbed, the air surrounding the Earth is heated.

An overall warming trend has been recorded since the late 19th century, with the most rapid warming occurring over the past 35 years, with 16 of the 17 warmest years on record occurring since 2001. Not only was 2016 the warmest year on record, but eight of the 12 months that make up the year—from January through September, with the exception of June—were the warmest on record for those respective months. October, November, and December of 2016 were the second warmest of those months on record—in all three cases, behind records set in 2015.12 Human activities have been attributed to an increase in the atmospheric abundance of greenhouse gases. The following is a brief description of the most commonly recognized GHGs.

3.9.1.1 Greenhouse Gases
Carbon dioxide (CO2) is an odorless, colorless natural greenhouse gas. CO2 is emitted from natural and anthropogenic sources. Natural sources include the following: decomposition of dead organic matter; respiration of bacteria, plants, animals, and fungus; evaporation from oceans; and volcanic out gassing.

Anthropogenic sources include the burning of coal, oil, natural gas, and wood.

Methane (CH4) is a flammable greenhouse gas. A natural source of methane is the anaerobic decay of organic matter. Geological deposits, known as natural gas fields, also contain methane, which is extracted for fuel. Other sources are from landfills, fermentation of manure, and ruminants such as cattle.

Nitrous oxide (N2O), also known as laughing gas, is a colorless greenhouse gas. Nitrous oxide is produced by microbial processes in soil and water, including those reactions that occur in fertilizer containing nitrogen. In addition to agricultural sources, some industrial processes (fossil fuel-fired power plants, nylon production, nitric acid production, and vehicle emissions) also contribute to its atmospheric load.

Water vapor is the most abundant, and variable greenhouse gas. It is not considered a pollutant; in the atmosphere, it maintains a climate necessary for life.

Ozone (O3) is known as a photochemical pollutant and is a greenhouse gas; however, unlike other greenhouse gases, ozone in the troposphere is relatively short-lived and, therefore, is not global in 12 (National Aeronautics and Space Administration Warmest Year on Record, 2017). Accessed 14 September 2021.

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nature. Ozone is not emitted directly into the atmosphere but is formed by a complex series of chemical reactions between volatile organic compounds, nitrogen oxides, and sunlight.

Aerosols are suspensions of particulate matter in a gas emitted into the air through burning biomass (plant material) and fossil fuels. Aerosols can warm the atmosphere by absorbing and emitting heat and can cool the atmosphere by reflecting light.

Chlorofluorocarbons (CFCs) are nontoxic, nonflammable, insoluble, and chemically unreactive in the troposphere (the level of air at the earth’s surface). CFCs were first synthesized in 1928 for use as refrigerants, aerosol propellants, and cleaning solvents. CFCs destroy stratospheric ozone; therefore, their production was stopped as required by the Montreal Protocol in 1987.

Hydrofluorocarbons (HFCs) are synthetic chemicals that are used as a substitute for CFCs. Of all the greenhouse gases, HFCs are one of three groups (the other two are perfluorocarbons and sulfur hexafluoride) with the highest global warming potential. HFCs are human-made for applications such as air conditioners and refrigerants.

Perfluorocarbons (PFCs) have stable molecular structures and do not break down through the chemical processes in the lower atmosphere; therefore, PFCs have long atmospheric lifetimes, between 10,000 and 50,000 years. The two main sources of PFCs are primary aluminum production and semiconductor manufacture.

Sulfur hexafluoride (SF6) is an inorganic, odorless, colorless, nontoxic, nonflammable gas. It has the highest global warming potential of any gas evaluated. Sulfur hexafluoride is used for insulation in electric power transmission and distribution equipment, in the magnesium industry, in semiconductor manufacturing, and as a tracer gas for leak detection.

3.9.1.2 Effects of Climate Change
The impacts of climate change have yet to fully manifest. A hotter planet is causing the sea level to rise, disease to spread to non-endemic areas, as well as more frequent and severe storms, heat events, and air pollution episodes. Also affected are agricultural production, the water supply, the sustainability of ecosystems, and therefore the economy. The magnitude of these impacts is unknown.

Emissions of GHGs contributing to global climate change are largely attributable to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. GHG emissions are typically expressed in carbon dioxide-equivalents (CO2e), based on the GHG’s Global Warming Potential (GWP). The GWP is dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. For example, one ton of CH4 has the same contribution to the greenhouse effect as approximately 21 tons of CO2.

Therefore, CH4 is a much more potent GHG than CO2.

3.9.2 Methodology
The SacMetro Road Construction Emissions Model (Appendix A) was prepared in September 2021. The sections below detail the methodology of the report and its conclusions.

3.9.2.1 Short-Term Construction-Generated Emissions
Short-term construction emissions associated with the Project were calculated using The SacMetro Road Construction Emissions Model, Version 9.0.0. Emissions’ modeling was assumed to occur over an approximate six month period and covering a site area of approximately half of a mile of road widening on Union Avenue, improving Western Street and Cottage Street, and completing the connection of Chess Terrace to Union Avenue (4.6 acres). Remaining assumptions were based on the default parameters contained in the model.

Modeling assumptions and output files are included in Appendix A.

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3.9.2.2 Long-Term Operational Emissions
The Project does not include any additional traffic lanes. It is not anticipated that there would be additional long-term operational emissions associated with the Project. Modeling assumptions and output files are included in Appendix A.

3.9.3 Impact Assessment

3.9.3.1 Thresholds of Significance
In accordance with SJVAPCD’s CEQA Greenhouse Gas Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects13, proposed projects complying with Best Performance Standards (BPS) would be determined to have a less-than-significant impact. Projects not complying with BPS would be considered less than significant if operational GHG emissions would be reduced or mitigated by a minimum of 29 percent, in comparison to business-as-usual (year 2004) conditions. In addition, project-generated emissions complying with an approved plan or mitigation program would also be determined to have a less-than-significant impact.

Bay Area Air Quality Management District’s Thresholds for Significance: Bay Area Air Quality Management District’s approach to developing a threshold of significance for GHG emissions is to identify the emissions level for which a project would not be expected to substantially conflict with existing California legislation adopted to reduce Statewide GHG emissions. If a project would generate GHG emissions above the threshold level, it would be considered to contribute substantially to a cumulative impact, and would be considered significant. If mitigation can be applied to lessen the emissions such that the project meets its share of emission reductions needed to address the cumulative impact, the project would normally be considered less than significant. Although the proposed Project is not located in the Bay Area, the Bay Area Air Quality Management District’s thresholds for significance are based on the Statewide AB 32 objectives, are scientifically supported and are more appropriate to assess potential impacts related to GHG emissions. For land use development projects, the threshold is compliance with a qualified GHG Reduction Strategy or annual emissions less than 1,100 metric tons per year (MT/yr) of CO2e. For stationary source projects, such as those requiring a permit from a local air district to operate, the threshold is 10,000 MT/yr of CO2e. Although the BAAQMD thresholds are generally intended for ongoing sources of emissions (e.g., manufacturing facilities, refineries), their use in CEQA is appropriate for construction projects that occur over a relatively short period and contribute a relatively low total amount of GHGs, as compared to a land use development project that would generate substantial annual emissions indefinitely.
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? And;
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact.

Short-Term Construction-Generated Emissions
Estimated construction-generated emissions are summarized in Table 3-15. As indicated, construction of the Project would generate maximum annual emissions of approximately 422.85 MTCO2e. Construction-related production of GHGs would be temporary and last approximately six months. These emissions are totaled and amortized over 30 years and added to the operational emissions in Table 3-16 below. 13 (San Joaquin Valley Air Pollution Control District, 2009). Accessed September 8, 2021.

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Table 3-15. Short-Term Construction-Generated GHG Emissions Year Emissions (MT CO2e)
(1)
2022 422.85
Amortized over 30 years 14.10

1. Emissions were quantified using the Road Construction Emissions Model. Refer to Appendix A for modeling results and assumptions. Totals may not sum due to rounding.

Long-Term Operational Emissions
The Project is not adding any additional lanes of travel along Union Avenue or the connecting streets. And is therefore not anticipated to have any additional long term operational emissions from vehicle traffic.

Estimated long-term operational emissions are summarized in Table 3-16.

Table 3-16. Long-Term Operational GHG Emissions
Emissions (MT CO2e)
(1)
Estimated Annual Operation CO2e Emissions --
Amortized Construction Emissions 14.10
Total Estimated Annual Operational CO2e Emissions 14.10 AB 32 Consistency Threshold for Land-Use Development Projects* 1,100 Exceed Threshold? No

1. Emissions were quantified using the Road Construction Emissions Model. Refer to Appendix A for modeling results and assumptions. Totals may not sum due to rounding. * As published in the Bay Area Air Quality Management District’s CEQA Air Quality Guidelines. Available online at http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en Accessed July 2021.

The City does not have an adopted GHG plan or MT/yr thresholds for CO2e. The San Joaquin Valley Air Pollution Control District (SJVAPCD) CEQA guidance for GHG emissions recommends that a project not be considered to have a significant impact if it complies with an applicable air quality plan, results in a 29% reduction from business as usual (BAU) GHG emissions (2004 levels), or implements applicable Best Performance Standards (BPS). The SJVAPCD metrics (reduction from BAU, implementation of BPS) are not appropriate for this Project. The thresholds provided by the Bay Area Air Quality Management District, while not in our area, are very stringent and based on Statewide AB 32 objectives. Because they are designed to avoid significant impacts from global climate change, which occurs at a global scale, they do not depend on sitespecific characteristics. The City has determined that the Bay Area Air Quality Management District’s thresholds are the most appropriate threshold for this Project, which has predominantly short-term construction emissions, and extremely low operational emissions (14.10 CO2e). Any impacts would be less than significant.

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3.10 Hazards and Hazardous Materials
Table 3-17. Hazards and Hazardous Materials Impacts
Hazards and Hazardous Materials Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires?

3.10.1 Environmental Setting and Baseline Conditions

3.10.1.1 Hazardous Materials
The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with CEQA requirements in providing information about the location of hazardous materials release sites. Government Code (GC) Section 65962.5 requires the California Environmental Protection Agency (CalEPA) to develop at least annually an updated Cortese List. The Department of Toxic Substances Control (DTSC) is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List. DTSC's EnviroStor database provides DTSC's component of Cortese List data (DTSC, 2010). In addition to the EnviroStor database, the State Water Resources Control Board (SWRCB) Geotracker database provides information on regulated hazardous waste facilities in Chapter 3 Impact Analysis – Hazards and Hazardous Materials Task Order No. 19 Union Avenue Reconstruction Project
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California, including underground storage tank (UST) cases and non-UST cleanup programs, including SpillsLeaks-Investigations-Cleanups (SLIC) sites, Department of Defense (DOD) sites, and Land Disposal program.

A search of the DTSC EnviroStor database and the SWRCB Geotracker performed in July 2021 determined that there are no known active or open hazardous waste generators or hazardous material spill sites or cases within the Project site or immediate surrounding vicinity.

3.10.1.2 Airports
The closest airport is Porterville Municipal Airport which is located 2.5-miles southwest of the Project.

3.10.1.3 Emergency Response Plan
The City of Porterville does have an adopted Emergency Response Plan which is available at the local Fire Department.

3.10.1.4 Sensitive Receptors
Sensitive receptors within the Project’s vicinity consist of various residential development along Union Avenue, various commercial and office spaces and Porterville High School that is 0.4 miles NE of the Project. No other identified concentrations of sensitive receptors, such as hospitals or nursing homes are within the Project’s immediate vicinity that would be affected by project activities.

3.10.2 Impact Assessment
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? And;
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? And;
Less than Significant Impacts. The construction phase of the Project would potentially involve hazardous materials generally associated with construction activities, such as diesel fuel, gasoline, grease, solvents, adhesives, paints, hydraulic fluid, oil, lubricants, and other petroleum-based products. However, standard construction and operational BMPs, as described in Table 2-3, would be followed. Any potential hazardous materials spills during construction would be addressed immediately and in accordance with industry best management practices, Occupational Safety and Health Administration (OSHA) requirements, federal and state regulations, and County requirements. Furthermore, a Stormwater Pollution Prevention Plan (SWPPP) would be employed to prevent stormwater contamination, control sedimentation and erosion, and comply with the requirements of the Clean Water Act. Therefore, any impacts would be less than significant. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than Significant Impact. Porterville High School is located 0.4 miles NE from the Project APE. In addition, the Project is adjacent to existing residential development. Construction of the Project would involve the use of hazardous materials associated with construction equipment, such as diesel fuel, lubricants, and solvents. However, the contractor would implement a SWPPP and would comply with all California Occupational Safety and Health Administration (Cal/OSHA) regulations regarding regular maintenance and inspection of equipment, spill prevention, and spill remediation in order to reduce the potential for incidental release of pollutants or hazardous substances onsite. Furthermore, any potential accidental hazardous materials spills during construction are the responsibility of the contractor to immediately address in accordance with industry BMP and State and county regulations. The Project site is in a developed and established area in the City, adjacent to residential homes that are accustomed to emissions due to traffic in general.

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Other than those typically associated with construction, such as diesel fuel, gasoline, hydraulic fluid, oil, and lubricants, the transport or use of hazardous materials is not anticipated as part of the Project. The impact would be less than significant.
d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The Project does not involve land that is listed as a hazardous materials site pursuant to Government Code Section 65962.5 and is not included on a list compiled by the Department of Toxic Substances Control. Impacts would be less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
No Impact. The Project is more than one mile away from the nearest airport, it’s not located within an airport land use plan and is not constructing habitable structures for any permanent residents as part of the design.

The Project would not result in a safety hazard or excessive noise from an airport for people residing or working in the project area. There would be no impact.
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than significant Impacts. There would be concrete improvements installed where necessary along Union Avenue. The Project would not involve altering the position or direction of Union Avenue, therefore, the Project would not interfere in any way to any adopted emergency plan. There may be detours during reconstruction and improvement activities. These detours would be only during these improvements and reconstruction activities and temporary in duration. The impacts would be considered less than significant. g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Less than Significant Impacts. The Project site is not located in an area associated or at risk from wildland fires.

All project related activities and construction would follow best management practices and safety processes in order to help minimize and avoid and potential risks to fires, wildland or otherwise. The practices include but are not limited to the Project having an ample supply and access to water as needed, such as water trucks and water packs for workers. The Project risks associated with wildfire are very low. The Project or its activities would not interfere with emergency response or evacuation plans, require fire-related infrastructure, or expose people, directly or indirectly, to significant risks associated with wildfire. The impacts would be less than significant.

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3.11 Hydrology and Water Quality
Table 3-18. Hydrology and Water Quality Impacts
Hydrology and Water Quality Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or ground water quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
iii) create or contribute runoff water which would
exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff; or
iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?

3.11.1 Environmental Setting and Baseline Conditions
The Project is located within the floor area of the San Joaquin Valley. The Valley is bordered by the Sierra Nevada Mountain Ranges to the east, the Coast Ranges to the west, the Klamath Mountains and Cascade Range to the north, and the Transverse Ranges and Mojave Desert to the south. Large groundwater basins underlay the Valley floor and are fed primarily from stormwater run-off from these mountain watersheds and other natural surface water recharge.

Like most of California, the San Joaquin Valley experiences a Mediterranean climate. Warm, dry summers are followed by cool, moist winters. Summer temperatures often reach above 90 degrees Fahrenheit, and the humidity is generally low. Winter temperatures are often below 60 degrees Fahrenheit during the day and rarely exceed 70 degrees. Precipitation falls in the form of rainfall yearly, most of which occurs between October and Chapter 3 Impact Analysis - Hydrology and Water Quality Task Order No. 19 Union Avenue Reconstruction Project
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March. Climactic and topographic features of the site are typical of those found in California’s San Joaquin Valley. The Project site is located in an urbanized and developed area of the City of Porterville.

Clean Water Act: The Clean Water Act (CWA) is intended to restore and maintain the chemical, physical, and biological integrity of the nation’s waters (33 CFR 1251). The regulations implementing the CWA protect waters of the U.S. including streams and wetlands (33 CFR 328.3). The CWA requires states to set standards to protect, maintain, and restore water quality by regulating point source and some non-point source discharges.

Under Section 402 of the CWA, the National Pollutant Discharge Elimination System (NPDES) permit process was established to regulate these discharges.

Federal Emergency Management Agency (FEMA) Flood Zones: The National Flood Insurance Act (1968) makes available federally subsidized flood insurance to owners of flood-prone properties. To facilitate identifying areas with flood potential, the Federal Emergency Management Agency (FEMA) has developed Flood Insurance Rate Maps (FIRM) that can be used for planning purposes. Flood hazard areas identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Area (SFHA). SFHA are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. SFHAs are labeled as Zone A, Zone AO, Zone AH, Zones A1-A30, Zone AE, Zone A99, Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Zone V, Zone VE, and Zones V1-V30. Moderate flood hazard areas, labeled Zone B or Zone X (shaded) are also shown on the FIRM, and are the areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2-percent-annual-chance flood, are labeled Zone C or Zone X (unshaded).

State Water Resources Control Board: The SWRCB, headquartered in Sacramento, is the agency with jurisdiction over water quality issues in the State of California. The SWRCB is governed by the Porter-Cologne Water Quality Act (Division 7 of the California Water Code), which establishes the legal framework for water quality control activities by the SWRCB. The intent of the Porter-Cologne Act is to regulate factors which may affect the quality of waters of the State to attain the highest quality which is reasonable, considering a full range of demands and values. Much of the implementation of the SWRCB's responsibilities is delegated to its nine Regional Boards. The Project site is located within the Central Valley Regional Water Quality Control Board (CVRWQCB).

The CVRWQCB administers the NPDES storm water-permitting program in the Central Valley region.

Construction activities on one acre or more are subject to the permitting requirements of the NPDES General Permit for Discharges of Storm Water Runoff Associated with Construction Activity (General Construction Permit). Additionally, CVRWQCB is responsible for issuing Waste Discharge Requirements Orders under California Water Code Section 13260, Article 4, Waste Discharge Requirements.

3.11.2 Impact Assessment
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact. In compliance with State regulations, all development within the Project area would be required to comply with State regulations adopted to reduce groundwater degradation. The Regional Water Quality Control Board (RWQCB) requires the preparation of a SWPPP for projects that exceed specified size limits. The Project may be required to obtain RWQCB approval of its SWPPP prior to construction.

Therefore, the Project would have a less than significant impact through implementation of planned Project design features, compliance with any permitting requirements, and through compliance with adopted SWPPP regulations.

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b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. The Project would not decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project would impede sustainable groundwater management of any basin. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
c-i) result in substantial erosion or siltation on- or off-site; c-ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; c-iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or c-iv) impede or redirect flood flows?
Less than Significant Impact. The Project would not substantially alter an existing drainage pattern of the site or area. In order to minimize runoff and erosion during construction activities a SWPPP may be implemented, and the contractor would be required to comply with all Cal/OSHA regulation regarding regular inspection of equipment, spill prevention, and spill remediation in order to reduce the potential for incidental release of pollutants or hazardous substances onsite. Dischargers whose projects disturb one (1) or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the Statewide General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ).

The street reconstruction would be designed so as not to substantially increase the rate or amount of surface runoff. Stormwater flows would be directed into storm drains in the nearby roadways. The street reconstruction would not impede or redirect flood flows. Impacts resulting from alterations to drainage patters would be less than significant.
d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundations?
Less than Significant Impact. A breach or overflow event at Success Lake Dam could cause significant flooding in Porterville. This dam is overseen and maintained by the USACE and administered by the Sacramento District of the USACE’s regional office located in Porterville. Through their work, Porterville is provided with flood safety, water resources, electricity, recreation, and camping. It includes a recreation area, located eight miles east of the City of Porterville in the western portion of the Sierra Nevada foothills.

The Project does not involve construction of any habitable structures or the storing of any pollutants on site.

The Project would not have the potential to release pollutants due to inundations. Any impacts would be less than significant.
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No Impact. The reconstruction and widening of Union Avenue would not conflict with or obstruct implementation of any water quality control plan or sustainable groundwater management plan. There would be no impact.

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Figure 3-2. FEMA Flood Map
Chapter 3 Impact Analysis – Land Use and Planning
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3.12 Land Use and Planning
Table 3-19. Land Use and Planning Impacts
Land Use and Planning Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?

3.12.1 Environmental Setting and Baseline Conditions
Much of the existing land use pattern found in the Planning Area can be traced back to Porterville’s evolution as a valley agriculture center. Downtown Porterville is similar to many older Central Valley downtown districts, with a mixture of retail, public facilities, and older residential neighborhoods. Larger commercial, agriculture, and newer residential neighborhoods are located further out from the city center. Some industrial land is located adjacent to State Route 190 (SR 190) and Union Pacific Railroad. Parks and schools are distributed throughout residential neighborhoods within the city. 14
The Project is in an area predominately designated and zoned as Low and Medium Density Residential. General Plan Land Use Designations and Zone Districts for the Project and surrounding areas are fully illustrated in, Figure 3-3 and Figure 3-4 respectively.

3.12.2 Impact Assessment
a) Would the project physically divide an established community? No Impact. The Project would not physically divide an established community. The reconstruction of Union Avenue is to improve access to residents and improvement of travel conditions through the surrounding neighborhoods. The Project activities would not alter the direction or location of Union Avenue. There would be no impact.
b) Would the project cause a significant environmental conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The Project does not propose any land use or designation changes, it would not cause any conflicts, environmental or otherwise, with any land use plan, policy or regulation. There would be no impact. 14 (City of Porterville, 2021) Chapter 2 Land Use. Accessed September 26, 2021.

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Figure 3-3. Tulare County General Plan Land Use Map
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Figure 3-4. Tulare County Zoning Map
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3.13 Mineral Resources
Table 3-20. Mineral Resources Impacts
Mineral Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?

3.13.1 Environmental Setting and Baseline Conditions
The Porterville 2030 General Plan outlines current significant mineral sources in Tulare County and within the planning area. The most significant mineral resources in Tulare County are sand, gravel, and crushed stone, used as sources for aggregate. The two major sources of aggregate are alluvial deposits (riverbeds, and floodplains), and hard rock quarries. Consequently, most Tulare County mines are located along rivers at the base of the Sierra foothills15. According to the Tulare County General Plan Background Report, all of the known potential mineral resource locations are mapped within the foothills and/or along major watercourses (Tule River).

California Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (DOGGR) maintains a database of oil wells in the Project. According to the DOGGR Well Finder there is one plugged, and dry oil well approximately 0.1 miles N from the Project APE.

The Project site is not delineated on a local land use plan as a locally important mineral recovery site. The site is existing developed

3.13.2 Impact Assessment
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? And
No Impact. Although there are currently 25 mines permitted to operate in Tulare County, none of them are in or adjacent to the City of Porterville.16 As shown in Figure 6-3 of the 2030 General Plan, the Project area is not included in a State classified mineral resource zones. The Project nor its construction activities would not result in the loss of an available known mineral resource. There would be no impact. b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. The Project site is not delineated on a local land use plan as a locally important mineral resource recovery site; therefore, the existence of the Project would not result in the loss of availability of any mineral resources. There would be no impact.
15 (City of Porterville, 2021), Chapter 6 Open Space and Conservation Element. Accessed September 23, 2021 16 (State of California, 2021) California Geologic Energy Management Division (CalGEM). Accessed September 23, 2021 Chapter 3 Impact Analysis – Noise
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3.14 Noise
Table 3-21. Noise Impacts
Noise Impacts
Would the project result in:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive ground borne vibration or
ground borne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to
excessive noise levels?

3.14.1 Environmental Setting and Baseline Conditions
The applicable noise standards governing the Project site may be found within policies outlined in the City of Porterville 2030 General Plan Noise Element17 and the City’s Noise Ordinance.18 The major noise sources in the City of Porterville are related to roadways and vehicle traffic, including automobiles, tractors and other automated agricultural equipment. Other noise sources include industrial operations and overhead aircraft traveling to and from the airport.

Certain land uses are considered more sensitive to noise than others. Examples of these include residential areas, educational facilities, hospitals, childcare facilities, and senior housing. Residential uses are located along the section of Project area of Union Avenue. Primary existing noise sources in the Project area are traffic noises from nearby and intersecting streets and other noise from motor vehicles generated by engine vibrations, the interaction between the tires and the road, and vehicle exhaust systems.

3.14.2 Impact Assessment
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less than Significant Impact. The Project is located in the City of Porterville in an established noise contour identified in Figure 9-2 of the City’s General Plan Noise Element as having noise level greater than 55-60 dB.

Noise generated from the Project would be during construction and would generally include noise from construction vehicles and equipment. During construction, noise from these activities would contribute to the noise environment in the immediate Project vicinity. Activities involved in construction would generate 17 (City of Porterville, 2021) Chapter 9 Noise Element. Accessed September 25, 2021. 18 (AmLegal, 2021) Porterville Code Noise Article IX, Accessed September 25, 2021 Chapter 3 Impact Analysis – Noise
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maximum noise levels, as indicated in Table 3-22, ranging from 79 to 91 dBA at a distance of 50 feet, without feasible noise control (e.g. mufflers) and ranging from 75 to 80 dBA at a distance of 50 feet, with feasible noise control. Short-term noise from construction is inevitable and cannot be mitigated beyond a certain level. Thus, local agencies and residents frequently tolerate short-term noise at levels that they would not accept for permanent noise sources. All construction related activities would comply with the standards set forth by the City of Porterville General plan. Construction activities would take place during daylight hours between 7 a.m. and 7 p.m. on weekdays and 7 a.m. and 5 p.m. on weekends.

Table 3-22. Typical Construction Noise Levels19
Type of Equipment dBA at 50 ft.

Without Feasible Noise Control With Feasible Noise Control1 Dozer or Tractor 80 75
Excavator 88 80
Scraper 88 80
Front End Loader 79 75
Backhoe 85 75
Grader 85 75
Truck 91 75
1 Feasible noise control includes the use of intake mufflers, exhaust mufflers and engine shrouds operating in accordance with manufacturers specifications.

Since the Project site is located within an area of other similar urbanized uses subject to construction and maintenance, and portions of it sit within an established noise contour, and is surrounded heavily traveled roadways, it would be expected that the Project would result in significant noise increase to surrounding land uses during normal business hours. The noise impacts would be temporary and would be considered less than significant.
b) Would the project result in generation of excessive ground borne vibration or ground borne noise levels? Less than Significant Impact. Vibration is the periodic oscillation of a medium or object. Vibration sources may be continuous, such as factory machinery, or transient, such as explosions. As is the case with airborne sound, ground borne vibrations may be described by amplitude and frequency. Vibration amplitudes are usually expressed in peak particle velocity (PPV) or root mean squared (RMS), as in RMS vibration velocity. The PPV and RMS (VbA) vibration velocity are normally described in inches per second (in/sec). PPV is defined as the maximum instantaneous positive or negative peak of a vibration signal and is often used in monitoring of blasting vibration because it is related to the stresses that are experienced by buildings20.

Although PPV is appropriate for evaluating the potential for building damage, it is not always suitable for evaluating human response. As it takes some time for the human body to respond to vibration signals, it is more prudent to use vibration velocity when measuring human response. The vibration velocity level is reported in decibels relative to a level of 1x10-6inches per second and is denoted as VdB. The typical background vibration-velocity level in residential areas is approximately 50 VdB. Ground borne vibration is normally perceptible to humans at approximately 65 VdB. For most people, a vibration-velocity level of 75 VdB is the approximate dividing line between barely perceptible and distinctly perceptible levels21.

Typical outdoor sources of perceptible ground borne vibration are construction equipment, steel-wheeled trains, and traffic on rough roads. Construction vibrations can be transient, random, or continuous. The approximate threshold of vibration perception is 65 VdB, while 85 VdB is the vibration acceptable only if there 19 (United States Department of Transporation, 2006) FHWA Construction Noise Handbook PDF. Accessed September 23, 2021. 20 (United States Department of Transportation, 2018). Accessed September 25, 2021 21 (United States Department of Transportation, 2018). Accessed September 25, 2021.

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are an infrequent number of events per day (FTA 2006). Table 3-23 describes the typical construction equipment vibration levels.

Table 3-23. Typical Construction Vibration Levels22
Equipment VdB at 25 ft2
Small Bulldozer 58
Jackhammer 79
Based on the typical vibration levels identified in the table above, any temporary vibration levels associated with construction activities are not expected to exceed the FTA threshold for the nearest residences which are located along the Project site on Union Avenue. All noise generated by the construction of the Project would be temporary in nature. The impact would be less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project is not located within the vicinity of a private airstrip or an airport land use plan. The Project is located approximately 2.5 miles away from Porterville Municipal Airport and would not involve any habitable structures, and would not expose people to excessive noise from nearby airports beyond baseline conditions in the area. Therefore, there would be no impact. 22 (United States Department of Transportation, 2018). Accessed September 25, 2021.

Chapter 3 Impact Analysis – Population and Housing
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3.15 Population and Housing
Table 3-24. Population and Housing Impacts
Population and Housing Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?

3.15.1 Environmental Setting and Baseline Conditions
According to the United States Census Bureau, Porterville is the third largest city in Tulare county, with an estimated population of 59,599 as of 2019. The City estimates a population growth rate of 37% by 2040, resulting in a population of 97,097 residents. Porterville’s housing stock is currently made up of predominately single-family homes, with a homeownership rate of approximately 57%. The City of Porterville has an average household size of 3.39 which is slightly greater than the countywide average of 3.30. 23 The land use designation and zoning for a majority of the Project area is Low Density Residential. Other land use and zoning include Medium/High Density Residential, Professional Office, General and Service Commercial.

3.15.2 Impact Assessment
a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? and
b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impacts. The goal of the Project is not to induce population growth, but rather to provide street improvements, convenience and safe access to residents, and improve overall travel in the neighborhood. The Project would not encourage population growth directly or indirectly beyond that previously analyzed by the City of Porterville General Plan. No housing or habitable structures would be built, nor would any be removed.

Implementation of the Project would not result in displacement of people or existing housing. There would be no impact.
23 (United States Census Bureau, 2012) Tulare County, Porterville City. Accessed September 25, 2021.

Chapter 3 Impact Analysis – Public Services
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3.16 Public Services
Table 3-25. Public Services Impacts
Public Services Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?

3.16.1 Environmental Setting and Baseline Conditions
Fire Protection: The Porterville Fire Department Station 1, would service the APE, is located less than one mile east of the APE.

Police Protection: The closest law enforcement is the City of Porterville Police Department, located less than one mile from the APE, and would provide primary police services to any incidents that happen within the Project area and City limits.

Schools: The closest school is Porterville High School, located approximately 390 feet southeast of the Project APE.

Parks: The closest park is Zalud Park located less than one mile northwest of the Project APE.

Landfills: The closest landfill to the project site is the Teapot Dome Landfill, a Mid Valley Disposal site, located approximately 5.8 miles southeast of the Project APE.

3.16.2 Impact Assessment
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the Chapter 3 Impact Analysis – Public Services
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construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

No Impacts:

Fire Protection – The City of Porterville would continue provide fire protection services to the Project APE.

Station 1 is the closest City of Porterville Fire Station and is located 1.5 miles NE from the Project APE. The Project would be required to comply with requirements of the City Fire Department/California Fire Code regarding access, water mains, hydrants, and review of engineering plans. Standard fire suppression conditions for streets are incorporated as part of the Project. The Project site has adequate emergency access from the various roads that intersect Union Avenue.

Implementation of the Project would not adversely impact existing fire protection or emergency services within the City and would not require the construction of any additional fire protection facilities in Porterville. There would be no impact to fire protection services.

Police Protection – The Project area would continue to be served by the City of Porterville Police Department.

Implementation of the Project would not result in a substantial increase in demand for police services.

Any increase would be minimal compared to the number of officers currently employed by the Police Department and would not result in significant demand for additional police services or additional staffing. Implementation of the Project would not require the construction of new police facilities to serve the Project, nor would it create a negative impact to existing emergency response times and existing police protection service levels. There would be no impacts to police protection services.

Schools – The Project area lies within the Porterville Unified School District. Porterville High School is located

0.4 miles NE from the Project APE and would continue to serve the Project area. The widening and improvements along Union Avenue would not create any housing or encourage any population growth.

There would be no increase in the demand for school services in the Project area. Additionally, the road improvements would provide safe and improved access to residents and improve travel through the neighborhoods located in the area, including Porterville High School located 0.4 miles NE of the Project APE. There would be no impact to schools.

Parks – The Project would not create a need for more parks, nor would the Project have any impacts to existing parks in the APE. The closest park is Zalud Park, located 1.7 miles NE of the APE There would be no impact to parks.

Other public facilities – The Project is not growth inducing, and as such would not result in a significant increase in demand on other public facilities, such as library services, that have not already been planned for.

There would be no impacts.

Chapter 3 Impact Analysis – Recreation
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3.17 Recreation
Table 3-26. Recreation Impacts
Recreation Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the
environment?

3.17.1 Environmental Setting and Baseline Conditions
The City of Porterville provides several types of parks and facilities, as defined in the Porterville 2030 General Plan. In general, parks are defined by the general plan as land owned or leased by the City and used for public recreational purposes. The Porterville 2030 General Plan outlines several types of park facilities ranging in size from 0.1-acre pocket parks up to a 95 acre Sports Complex. Each park will fall into one of five categories:

Pocket Park, Neighborhood Park, Community Park, Specialized Recreation, or Trails/Parkways. In total, the City of Porterville provides 15 parks for the community.

The closest park to the Project site is Zalud Park, which is located 1.7 miles NE of the APE.

3.17.2 Impact Assessment
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The closest park is Zalud Park, which is located 1.7 miles NE of the APE. The Project would not directly or indirectly increase the use of any parks or recreational facilities and would not affect the use of such parks that would cause substantial deterioration of the facilities at such parks. There would be no impact. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? No Impact. The Project does not include or require the construction or expansion of parks or any recreational facilities and therefore, would not have an adverse physical effect on the environment. There would be no impact.

Chapter 3 Impact Analysis – Transportation
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3.18 Transportation
Table 3-27. Transportation Impacts
Transportation Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)??
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?

3.18.1 Environmental Settings and Baseline Conditions
The primary function of local streets is to provide direct access to adjacent properties. Neighborhood streets should provide two travel lanes, landscaped park strips, and sidewalks. On-street parking may be regulated.

Bike lanes are usually not needed because neighborhood streets carry low traffic volumes and all neighborhood streets are considered to be bicycle friendly. 24
Currently, the street environment is mostly auto oriented with roadways and discontinuous sidewalks. The City’s General Plan states that all streets should be designed to accommodate pedestrians and bicyclists and new neighborhoods should be designed to be “pedestrian friendly”, with wide sidewalks. The Project would improve Union Avenue for automobiles, bicyclists, and pedestrians alike. 25 3.18.2 Impact Assessment
a) Would the project conflict with a plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
No Impact. The Project would not conflict with the City of Porterville 2030 General Plan Update Circulation Element. The improvements and reconstruction along Union Avenue are intended to increase and improve circulation for the needs of future local and regional traffic. There would be no impact. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3 subdivision (b)? Less than Significant Impact. The purpose of the reconstruction and widening, is to provide improved and safer access to residents of Union Avenue and the surrounding neighborhoods. The Project and its activities would have a less than significant impact on vehicle miles travelled (VMT) as the Project does not propose on lengthening the street but widening to a standard 56 feet for improved travels and safety for autos, bicyclists and pedestrians in the area. The impacts would be considered less than significant. 24 24 (City of Porterville, 2021) Chapter 4 Circulation Element. Accessed September 26, 2021. 25 (City of Porterville, 2021) Chapter 4 Circulation Element. Accessed September 26, 2021.

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c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? And No Impact. There are no geometric design features or incompatible uses as part of the design or implementation of this project. The purpose of the Project is to improve traffic operations and transportation capacity by reconstructing and widening Union Avenue between Indiana and Jaye Streets to a standard of 56 feet. It would also help provide a safer vehicular, pedestrian, and bicycle crossing for residents and visitors. There would be no impact.
d) Would the project result in inadequate emergency access? Less than Significant Impact. The Project would comply with the City Public Works Department development standards. This would ensure that the Project would not create inadequate emergency access, long term, for those living and working in the area. The construction would be temporary and no road closures are planned.

The necessary precautions would be taken so there would minimum inconvenience to adjacent property owners, residents and to the travelling public, using approved traffic control signs prior to any construction activities. In addition, entering and exiting would be provided to property owners and residents throughout the duration of the construction period.

This is a road widening and improvement project and would not conflict with any adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities and there would be a less than significant impact to emergency vehicle access during construction.

Chapter 3 Impact Analysis – Tribal Cultural Resources
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3.19 Tribal Cultural Resources
Table 3-28. Tribal Cultural Resources Impacts
Tribal Cultural Resources Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site,
feature, place, cultural landscape that is geographically defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in the California
Register of Historical Resources, or in the
local register of historical resources as
defined in Public Resources Code section
5020.1(k), or
ii. A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1. In applying
the criteria set forth in subdivision (c) of
Public Resources Code Section 5024.1, the
lead agency shall consider the significance of
the resource to a California Native American
tribe.

3.19.1 Environmental Setting and Baseline Conditions
According to the Southern San Joaquin Valley Archaeological Information Center at California State University, Bakersfield, 45 archaeological sites have been documented within the Porterville Planning Area. The main village of the Yokuts, Chokowisho, was located near Murry Hill, north of Porter Slough until the mid-1850s.

The Rocky Hill area contains numerous rock art and bedrock mortar sites, not all of which have been officially recorded. Most are these sites are from the prehistoric era and contain bedrock mortars, rock art (i.e. petroglyphs, or pictographs), human burials, village complexes, midden, and artifacts (i.e. projectile points, pestles, pottery, etc.). There are no archaeological sites in the Project APE that are currently listed on the National Register of Historic Places.

The Yokuts village of Trawoiu contained human remains, bedrock mortars, pictographs, artifacts and extensive midden. Archaeologists considered this to be a very important site and recommended that it be protected. The site was compromised when the landowner constructed a dam which inundated the site. 26 Public Resources Code Section 21080.3.1, et seq. (codification of AB 52, 2013-14) requires that a lead agency, within 14 days of determining that it would undertake a project, must notify in writing any California Native 26 (City of Porterville, 2021) Chapter 6 Open Space and Conservation Element. Accessed September 27, 2021.

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American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The notice must briefly describe the project and inquire whether the Tribe wishes to initiate request formal consultation. Tribes have 30 days from receipt of notification to request formal consultation. The lead agency then has 30 days to initiate the consultation, which then continues until the parties come to an agreement regarding necessary mitigation or agree that no mitigation is needed, or one or both parties determine that negotiation occurred in good faith, but no agreement would be made. The Tule River Indian Reservation is located approximately 15 miles to the east.

The Native American Heritage Commission (NAHC) in Sacramento was contacted in May 2021 and they were provided with a brief description of the Project and a map showing its location and requested a search of the Sacred Lands File to determine if any Native American resources have been recorded in the immediate APE.

The NAHC identifies, catalogs, and protects Native American cultural resources -- ancient places of special religious or social significance to Native Americans and known ancient graves and cemeteries of Native Americans on private and public lands in California. The NAHC is also charged with ensuring California Native American tribes’ accessibility to ancient Native American cultural resources on public lands, overseeing the treatment and disposition of inadvertently discovered Native American human remains and burial items, and administering the California Native American Graves Protection and Repatriation Act (CalNAGPRA), among many other powers and duties. NAHC provide a current list of Native American Tribal contacts to notify of the project. A Sacred Lands File search was performed by the NAHC with negative results. The ten tribal representatives identified by NAHC were contacted in writing via United States Postal Service in a letter May 26, 2021, informing each Tribal contact of the Project. No responses were received. (See Section 3.6).

3.19.2 Impact Assessment
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a-i) Listed or eligible for listing in the California Register of Historical Resources, or in the local register of historical resources as defined in Public Resources Code section 5020.1(k), or a-ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less than Significant Impacts with Mitigation Incorporated. The City of Porterville received a letter from the Santa Rosa Rancheria Tachi Yokut Tribe and the Tule River Indian Tribe pursuant to PRC § 21080.3.1 (AB 52) officially requesting notification of Projects within their geographic area of traditional and cultural affiliation. On January 13, 2022, the City sent the two Tribes a formal letter, that included a Project description and two maps. (See Appendix C). In accordance with the law, the letter provided 30 days from receipt of the letter to request consultation in writing. Neither tribe responded to the request for formal consultation with the City. Less than significant impacts, with mitigation incorporated, to tribal resources are expected. Mitigation Measures CUL-1 and CUL-2, described above in Section 3.6 Cultural Resources, are recommended in the event cultural materials or human remains are unearthed during excavation or construction.

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3.20 Utilities and Service Systems
Table 3-29. Utilities and Service Systems Impacts
Utilities and Service Systems Impacts
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it
has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?

3.20.1 Environmental Setting and Baseline Conditions
Utilities that service the Project area include water, solid waste (trash) management, and storm drainage. Water service, and solid waste collection would be provided by the City of Porterville. Storm-water run-off would be accommodated by the reconstruction of Union Avenue and would be directed to existing city storm drain facilities.

3.20.1.1 Water Supply
The City has historically relied on groundwater to supply municipal water to its residents. Water usage for Project construction would be minimal and limited to an as needed basis.

3.20.1.2 Wastewater Collection and Treatment
The City of Porterville Wastewater Treatment Facility (WWTF) is located at the southwest corner of West Grand Avenue and North Prospect Street. The sewer collection system consists of 150 miles of pipes, including 18 sewage lift stations and associated force mains.27
27 (City of Porterville, 2021) Public Utilities Element, page 191. Accessed September 27, 2021.

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3.20.1.3 Landfills
Solid waste disposal services in Porterville are provided by the Tulare County Consolidated Waste Management Authority. Porterville’s solid waste is currently disposed at Teapot Dome Landfill, located four miles outside of the City limits. As of 2004, the landfill was at 84.7 percent capacity and had an anticipated closure date of 2012.28. Tulare County has indicated that they will not expand Teapot Dome Landfill. When it reaches capacity, the County anticipates setting up a transfer facility which would divert waste to either the Woodville or Visalia Landfills, both of which are below 50 percent capacity.

3.20.2 Impact Assessment
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? And Less than Significant Impact. The Project would not exceed wastewater treatment requirements nor would it require new facilities or alteration of existing facilities for wastewater treatment. There would be no population increase related to the Project or habitable structures constructed and therefore, no anticipated increase in wastewater production. Impacts would be less than significant. b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. The Project would have little to no effect on water supply due to the activities for the Project include reconstruction and widening of a one half mile long segment of Union Avenue between Indiana and Jaye Streets. The Project would not result in an increase of population density that would require an increase in water service utilizing ground water. Some water may be used for dust control during project activities. Impacts to water supplies would be less than significant. c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
No Impact. The Project would not result in population increase or involve habitable structures being built, and therefore, would not increase demands on the City’s wastewater treatment system. The Project and all related construction activities would have no impact on any wastewater treatment providers in or around the Project area. There would be no impact
d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? and e) Would the project comply with federal, State, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impacts. Solid waste (trash) would be generated for a short-term period of construction.

Construction contractors would be required to collect and carry out all solid waste and trash and dispose of at an approved landfill or recycling center. The City would be responsible to empty any trash receptacles on a regular basis based on scheduled pick-up days after the road reconstruction activities have been completed. The majority of the existing road materials will be taken to a nearby City facility so that they may be recycled and reused for future road repairs. In addition, any soils that cannot be redistributed will also be taken to a private landowner to be recycled and reused, avoiding any unnecessary use of the nearby landfill. The impacts would be less than significant.
28 (City of Porterville, 2021) Public Utilities Element. Accessed September 27, 2021.

Chapter 3 Impact Analysis – Wildfire
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 3-62

3.21 Wildfire
Table 3-30. Wildfire Impacts
Wildfire Impacts
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire or the uncontrollable spread of wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?

3.21.1 Environmental Setting and Baseline Conditions
The City of Porterville is located in the south eastern part of the San Joaquin Valley, in close proximity to the foothills of the Sierra Nevada Mountain Range. The fire season between the months of May and October typically has over 100 days of temperatures in excess of 90 degrees Fahrenheit. Figure 7-4 of the Porterville 2030 General Plan, identifies that approximately 43% of the City is considered to have a moderate fire hazard, as classified by the California Department of Forestry and Fire Protection. The General Plan also identifies areas with the highest levels of risk are located in northeast sections of the planning area, due to the presence of wooded foothills. More recent data is provided by Cal Fire who produces California Fire Hazard Severity Zone Maps.

The City’s Fire Department provides fire and life safety services for residents located within the city limits while the Tulare County Fire Department provides additional services for unincorporated areas. City fire dispatch is handled by the Police Department.29
Urban uses, which can be subject to structural fires, are considered a greater threat to life and property than wildland fires. As a result, the City of Porterville requires all new development to meet or exceed the Uniform Fire Code Provisions, as outlined in the Porterville City Code: Chapter 12. This code addresses topography, geology, climate, and development conditions. New development is reviewed by the Public Works Department and Fire Department for adherence to these regulations. Porterville Fire Department, Station 1, is located less than one mile from the road reconstruction Project area. The Project is not located in a State Responsibility Area or lands classified as very high fire hazard severity zones. 29 (City of Porterville, 2021) Chapter 7 Public Health and Safety. Accessed September 27, 2021.

Chapter 3 Impact Analysis – Wildfire
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 3-63

3.21.2 Impact Assessment
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? and b) Due to slope, prevailing winds, and other factors exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? and c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? and
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impacts. The Project is not located in or near a State Responsibility Area or lands classified as very high fire hazard severity zones. The nearest Very High classification of Fire Hazard Severity Zone (FHSZ) is 1.9 miles east of the APE. Additionally, there are no structures being considered or built as part of this Project, and the population would not increase because of this Project. Therefore, further analysis of the Project’s potential impacts to wildfire are not warranted. There would be no impact.

Chapter 3 Impact Analysis – CEQA Mandatory Findings of Significance Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 3-64

3.22 CEQA Mandatory Findings of Significance
Table 3-31. Mandatory Findings of Significance Impacts
Mandatory Findings of Significance Impacts
Does the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)?
c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or
indirectly?

3.22.1 Impact Assessment
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less than Significant Impact with Mitigation Incorporated. Based on the analysis conducted in this Initial Study, impacts to Aesthetics, Agriculture and Forestry Resources, Air Quality, Energy, Greenhouse Gas Emissions, Land Use and Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, Utility/Services Systems, and Wildfire would be less than significant. Potential impacts to Biological Resources, Cultural Resources, and Tribal Cultural Resources would be less than significant with implementation of mitigation measures as identified in the respective Impact Analyses in Chapter 3 and as outlined in Table 4-1. Additionally, with implementation of the Best Management Practices for construction activities and obtaining the applicable permits and approvals required by State law, the Project’s potential to degrade the quality of the environment, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a protected species or eliminate important examples of the major periods of California history or prehistory would be less than significant with implementation of mitigation measures Chapter 3 Impact Analysis – CEQA Mandatory Findings of Significance Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 3-65
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Less than Significant Impact with Mitigation Incorporated. As discussed above, impacts associated with the Project are incremental, temporary, and minor in nature, and would result in less than significant impacts to the environment with incorporation of all the recommended mitigation measures CUL-1, and CUL-2. Operation impacts have been found to be less than significant. The impact of this Project on the environment is minimal and therefore even if combined with past, present, and reasonably foreseeable future projects would not cause a significant cumulative impact. In addition, the mitigation measures determined would further reduce Project level impacts to less than significant, the Project would not have impacts that are cumulatively considerable. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact. The Project would not result in substantial adverse effects on human beings, either directly or indirectly. With implementation of Best Management Practices, requirements and regulations of federal and State laws and local regulations, and the adoption and implementation of recommended mitigation measures during construction and maintenance of the Project, all identified impacts would be less than significant.

Chapter 4 Mitigation Monitoring and Reporting Program
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 4-1
Chapter 4 Mitigation Monitoring and
Reporting Program
This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Union Avenue Reconstruction Project in the City of Porterville. The MMRP lists mitigation measures recommended in the IS/MND for the Project and identifies monitoring and reporting requirements.

For example, AIR-2 would be the second mitigation measure identified in the Air Quality analysis of the IS/MND.

Chapter 4 Mitigation Monitoring and Reporting Program
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 4-2
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Chapter 4 Mitigation Monitoring and Reporting Program
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 4-3
Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Agency Responsible for
Implementing Mitigation
Agency Responsible
for Monitoring
Verification of
Compliance (name/date)
Biological Resources
BIO-1: Operational Hours
Construction shall be conducted during daylight hours to reduce disturbance to wildlife that could be foraging nocturnally within work areas. During Construction City of Porterville City of Porterville BIO-2: Avoidance
The Project’s construction activities shall occur, if feasible, between September 16 and January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds.

During Construction City of Porterville City of Porterville Tribal Cultural Resources
TRC-1: See MM CUL-1 and CUL-2
During Construction City of Porterville City of Porterville Chapter 4 Mitigation Monitoring and Reporting Program
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 5-4
Chapter 5 References
AmLegal. (2021). Porteville Code LIbrary. Retrieved from Porteville Code LIbrary Article IX Noise:
https://codelibrary.amlegal.com/codes/portervilleca/latest/overview Calfornia Department of Conservation. (2019). Important Farmland Categories. Retrieved from Calfornia Department of Conservation: https://www.conservation.ca.gov/dlrp/fmmp/Pages/ImportantFarmland-Categories.aspx California Department of Transporation. (2021). State Scenic Highway System. Retrieved from State Scenic Highway System:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3.d807c46cc8e80571 16f1aacaa
California Environmental Protection Agency. (n.d.). Retrieved from California Environmental Protection Agency: https://www.calepa.ca.gov/cupa
City of Porterville. (2021, June). City of Porterville General Plan Update. Retrieved from Chapter 6 Open Space and Conservation Element:
http://www.ci.porterville.ca.us/depts/CommunityDevelopment/documents/Chapter6OpenSpacean dConservation_000.pdf
City of Porterville General Plan DEIR. (2021). City of Porterville General Plan DEIR. Retrieved from City of Porterville General Plan DEIR, page 57:
https://www.ci.porterville.ca.us/depts/CommunityDevelopment/documents/GeneralPlanEIRDraft. pdf
National Aeronautics and Space Administration Warmest Year on Record. (2017, January 18). NASA NOAA Data Show 2016 Warmest Year on Record Globally. Retrieved from NASA NOAA Data Show 2016 Warmest Year on Record Globally: https://www.nasa.gov/press-release/nasa-noaa-data-show2016-warmest-year-on-record-globally San Joaquin Valley Air Pollution Control District. (2009). Guidance for Valley Land-use Agencies. Retrieved from San Joaquin Valley Air Pollution Control District:
http://www.valleyair.org/Programs/CCAP/12-17-09/3%20CCAP%20- %20FINAL%20LU%20Guidance%20-%20Dec%2017%202009.pdf
San Joaquin Valley Air Pollution Control District. (2015, February 19). Guidance for Assessing and Mitigating Air Quality Impacts. Retrieved from Guidance for Assessing and Mitigating Air Quality Impacts:
https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF San Joaquin Valley Air Pollution Control District. (2021). SJVAPCD, Regulation VIII Control Measures.

Retrieved from Mitigation Measures: https://www.valleyair.org/transportation/MitigationMeasures.pdf Tulare Basin Wildlife Partners. (2009). Fresno County Measure C Riparian-Wildlife Corridor Report. Fresno County: Council of Fresno County Governments.

United States Census Bureau. (2012). Quick Facts Tulare County, Porterville. Retrieved from Quick Facts Tulare County, Porterville:
https://www.census.gov/quickfacts/fact/table/tularecountycalifornia,portervillecitycalifornia,US/P ST045219
Chapter 4 Mitigation Monitoring and Reporting Program
Task Order No. 19 Union Avenue Reconstruction Project
Provost & Pritchard Consulting Group • March 2022 5-5
United States Department of Transporation. (2006, August). Federal Highway Administration. Retrieved from FHWA Highway Construction Noise Handbook:
https://www.nrc.gov/docs/ML0832/ML083260828.pdf
United States Department of Transportation. (2018, September). Transit Noise and Vibration Impact Assessment Manual. Retrieved from Federal Transit Administration:
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transitnoise-and-vibration-impact-assessment-manual-fta-report-no-0123_0.pdf Provost & Pritchard Consulting Group • March 2022 Appendix A-1 Appendix A
Road Construction Emission Model
Road Construction Emissions Model, Version 9.0.0
Daily Emission Estimates for -> Total Exhaust Fugitive Dust Total Exhaust Fugitive Dust Project Phases (Pounds) ROG (lbs/day) CO (lbs/day) NOx (lbs/day) PM10 (lbs/day) PM10 (lbs/day) PM10 (lbs/day) PM2.5 (lbs/day) PM2.5 (lbs/day) PM2.5 (lbs/day) SOx (lbs/day) CO2 (lbs/day) CH4 (lbs/day) N2O (lbs/day) CO2e (lbs/day) Grubbing/Land Clearing 1.25 11.38 11.76 0.82 0.52 0.30 0.52 0.46 0.06 0.03 2,452.82 0.60 0.05 2,482.77 Grading/Excavation 5.30 46.54 55.25 2.66 2.36 0.30 2.18 2.12 0.06 0.10 9,934.31 2.89 0.13 10,043.88 Drainage/Utilities/Sub-Grade 3.25 30.59 31.01 1.72 1.42 0.30 1.36 1.30 0.06 0.06 5,962.31 1.21 0.08 6,017.57 Paving 1.60 18.95 14.77 0.80 0.80 0.00 0.70 0.70 0.00 0.03 3,217.56 0.77 0.08 3,259.57 Maximum (pounds/day) 5.30 46.54 55.25 2.66 2.36 0.30 2.18 2.12 0.06 0.10 9,934.31 2.89 0.13 10,043.88 Total (tons/construction project) 0.25 2.25 2.48 0.13 0.11 0.02 0.10 0.10 0.00 0.00 461.15 0.12 0.01 466.11 Notes: Project Start Year -> 2022
Project Length (months) -> 6
Total Project Area (acres) -> 5
Maximum Area Disturbed/Day (acres) -> 0
Water Truck Used? -> Yes
Phase Soil Asphalt Soil Hauling Asphalt Hauling Worker Commute Water Truck Grubbing/Land Clearing 0 0 0 0 400 40
Grading/Excavation 0 0 0 0 1,000 40
Drainage/Utilities/Sub-Grade 0 0 0 0 760 40
Paving 0 2 0 30 600 40
CO2e emissions are estimated by multiplying mass emissions for each GHG by its global warming potential (GWP), 1 , 25 and 298 for CO2, CH4 and N2O, respectively. Total CO2e is then estimated by summing CO2e estimates over all GHGs.

Total Emission Estimates by Phase for -> Total Exhaust Fugitive Dust Total Exhaust Fugitive Dust Project Phases
(Tons for all except CO2e. Metric tonnes for CO2e) ROG (tons/phase) CO (tons/phase) NOx (tons/phase) PM10 (tons/phase) PM10 (tons/phase) PM10 (tons/phase) PM2.5 (tons/phase) PM2.5 (tons/phase) PM2.5 (tons/phase) SOx (tons/phase) CO2 (tons/phase) CH4 (tons/phase) N2O (tons/phase) CO2e (MT/phase) Grubbing/Land Clearing 0.01 0.08 0.08 0.01 0.00 0.00 0.00 0.00 0.00 0.00 16.19 0.00 0.00 14.87 Grading/Excavation 0.16 1.38 1.64 0.08 0.07 0.01 0.06 0.06 0.00 0.00 295.05 0.09 0.00 270.62 Drainage/Utilities/Sub-Grade 0.06 0.61 0.61 0.03 0.03 0.01 0.03 0.03 0.00 0.00 118.05 0.02 0.00 108.09 Paving 0.02 0.19 0.15 0.01 0.01 0.00 0.01 0.01 0.00 0.00 31.85 0.01 0.00 29.27 Maximum (tons/phase) 0.16 1.38 1.64 0.08 0.07 0.01 0.06 0.06 0.00 0.00 295.05 0.09 0.00 270.62 Total (tons/construction project) 0.25 2.25 2.48 0.13 0.11 0.02 0.10 0.10 0.00 0.00 461.15 0.12 0.01 422.85 CO2e emissions are estimated by multiplying mass emissions for each GHG by its global warming potential (GWP), 1 , 25 and 298 for CO2, CH4 and N2O, respectively. Total CO2e is then estimated by summing CO2e estimates over all GHGs.

The CO2e emissions are reported as metric tons per phase.

Daily VMT (miles/day)
Total PM10 emissions shown in column F are the sum of exhaust and fugitive dust emissions shown in columns G and H. Total PM2.5 emissions shown in Column I are the sum of exhaust and fugitive dust emissions shown in columns J and K.

Porterville TO 19 Union Street
PM10 and PM2.5 estimates assume 50% control of fugitive dust from watering and associated dust control measures if a minimum number of water trucks are specified.

Total PM10 emissions shown in column F are the sum of exhaust and fugitive dust emissions shown in columns G and H. Total PM2.5 emissions shown in Column I are the sum of exhaust and fugitive dust emissions shown in columns J and K.

Total Material Imported/Exported
Volume (yd3/day)
Provost & Pritchard Consulting Group • March 2022 Appendix B-1 Appendix B
Biological Resources Information
City of Porterville
Task Order No. 19
Union Avenue Reconstruction
Project
Biological Resources Information
California Natural Diversity Database (CNDDB) Report – Nine Quad Element Search • A thorough search of the CNDDB for published accounts of special status plant and animal species was conducted for the Porterville 7.5-minute quadrangles that contains the Project site in its entirety, and for the eight surrounding quadrangles: Frazier Valley, Lindsay, Cairns Corner, Success Dam, Sausalito School, Ducor, Woodville, and Fountain Springs.
• Report ran on May 30, 2021.
o 15 special status animal species have been documented in the Area of Potential Effect (APE). The following mitigation measures will be implemented during all Project activities:
▪ BIO-1 (Operational Hours): Construction shall be conducted during daylight hours to reduce disturbance to wildlife that could be foraging nocturnally within work areas.
▪ BIO-2 (Avoidance): Construction activities will occur, if feasible, between September 16 and January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds..
o 19 special status plant species have been documented in the Project. ▪ Mitigation is not warranted for special status plants due to ongoing disturbance and/or absence of suitable habitat in the Project APE.

IPaC System - Explore Locations Resources
• Report ran on June 22, 2021.
• There are no critical habitats in the Project APE.

Natural Resource Conservation Services - Custom Soil Resource Report • Report ran May 4, 2021.
o Soils in the Project APE include San Emigdio loam and Tujunga sand.

California Natural Diversity Database Report – 9 Quad
Element Search
Species Element Code Federal Status State Status Global Rank State Rank Rare Plant
Rank/CDFW
SSC or FP
alkali-sink goldfields
Lasthenia chrysantha
PDAST5L030 None None G2 S2 1B.1
American badger
Taxidea taxus
AMAJF04010 None None G5 S3 SSC
blunt-nosed leopard lizard
Gambelia sila
ARACF07010 Endangered Endangered G1 S1 FP
brittlescale
Atriplex depressa
PDCHE042L0 None None G2 S2 1B.2
calico monkeyflower
Diplacus pictus
PDSCR1B240 None None G2 S2 1B.2
California alkali grass
Puccinellia simplex
PMPOA53110 None None G3 S2 1B.2
California condor
Gymnogyps californianus
ABNKA03010 Endangered Endangered G1 S1 FP
California jewelflower
Caulanthus californicus
PDBRA31010 Endangered Endangered G1 S1 1B.1
chaparral ragwort
Senecio aphanactis
PDAST8H060 None None G3 S2 2B.2
Crotch bumble bee
Bombus crotchii
IIHYM24480 None Candidate
Endangered
G3G4 S1S2
Earlimart orache
Atriplex cordulata var. erecticaulis
PDCHE042V0 None None G3T1 S1 1B.2
hoary bat
Lasiurus cinereus
AMACC05030 None None G3G4 S4
Hopping's blister beetle
Lytta hoppingi
IICOL4C010 None None G1G2 S1S2
Keck's checkerbloom
Sidalcea keckii
PDMAL110D0 Endangered None G2 S2 1B.1
lesser saltscale
Atriplex minuscula
PDCHE042M0 None None G2 S2 1B.1
Lost Hills crownscale
Atriplex coronata var. vallicola
PDCHE04371 None None G4T3 S3 1B.2
Madera leptosiphon
Leptosiphon serrulatus
PDPLM09130 None None G3 S3 1B.2
molestan blister beetle
Lytta molesta
IICOL4C030 None None G2 S2
Query Criteria: Quad IS (Porterville (3611911) OR Success Dam (3611818) OR Fountain Springs (3511888) OR Ducor (3511981) OR Sausalito School (3511982) OR Woodville (3611912) OR Cairns Corner (3611922) OR Lindsay (3611921) OR Frazier Valley (3611828))
Report Printed on Thursday, June 17, 2021
Commercial Version -- Dated May, 30 2021 -- Biogeographic Data Branch Page 1 of 3 Information Expires 11/30/2021
Selected Elements by Common Name
California Department of Fish and Wildlife
California Natural Diversity Database
Species Element Code Federal Status State Status Global Rank State Rank Rare Plant
Rank/CDFW
SSC or FP
Morrison's blister beetle
Lytta morrisoni
IICOL4C040 None None G1G2 S1S2
Northern California legless lizard
Anniella pulchra
ARACC01020 None None G3 S3 SSC
Northern Claypan Vernal Pool
Northern Claypan Vernal Pool
CTT44120CA None None G1 S1.1
pallid bat
Antrozous pallidus
AMACC10010 None None G4 S3 SSC
recurved larkspur
Delphinium recurvatum
PDRAN0B1J0 None None G2? S2? 1B.2
San Joaquin adobe sunburst
Pseudobahia peirsonii
PDAST7P030 Threatened Endangered G1 S1 1B.1
San Joaquin kit fox
Vulpes macrotis mutica
AMAJA03041 Endangered Threatened G4T2 S2
San Joaquin pocket mouse
Perognathus inornatus
AMAFD01060 None None G2G3 S2S3
San Joaquin woollythreads
Monolopia congdonii
PDASTA8010 Endangered None G2 S2 1B.2
shining navarretia
Navarretia nigelliformis ssp. radians
PDPLM0C0J2 None None G4T2 S2 1B.2
spiny-sepaled button-celery
Eryngium spinosepalum
PDAPI0Z0Y0 None None G2 S2 1B.2
Springville clarkia
Clarkia springvillensis
PDONA05120 Threatened Endangered G2 S2 1B.2
striped adobe-lily
Fritillaria striata
PMLIL0V0K0 None Threatened G1 S1 1B.1
subtle orache
Atriplex subtilis
PDCHE042T0 None None G1 S1 1B.2
Swainson's hawk
Buteo swainsoni
ABNKC19070 None Threatened G5 S3
Sycamore Alluvial Woodland
Sycamore Alluvial Woodland
CTT62100CA None None G1 S1.1
Tipton kangaroo rat
Dipodomys nitratoides nitratoides
AMAFD03152 Endangered Endangered G3T1T2 S1S2
Townsend's big-eared bat
Corynorhinus townsendii
AMACC08010 None None G4 S2 SSC
tricolored blackbird
Agelaius tricolor
ABPBXB0020 None Threatened G1G2 S1S2 SSC
valley elderberry longhorn beetle
Desmocerus californicus dimorphus
IICOL48011 Threatened None G3T2 S3
vernal pool fairy shrimp
Branchinecta lynchi
ICBRA03030 Threatened None G3 S3
Report Printed on Thursday, June 17, 2021
Commercial Version -- Dated May, 30 2021 -- Biogeographic Data Branch Page 2 of 3 Information Expires 11/30/2021
Selected Elements by Common Name
California Department of Fish and Wildlife
California Natural Diversity Database
Species Element Code Federal Status State Status Global Rank State Rank Rare Plant
Rank/CDFW
SSC or FP
vernal pool smallscale
Atriplex persistens
PDCHE042P0 None None G2 S2 1B.2
western mastiff bat
Eumops perotis californicus
AMACD02011 None None G4G5T4 S3S4 SSC
western spadefoot
Spea hammondii
AAABF02020 None None G2G3 S3 SSC
Record Count: 42
Report Printed on Thursday, June 17, 2021
Commercial Version -- Dated May, 30 2021 -- Biogeographic Data Branch Page 3 of 3 Information Expires 11/30/2021
Selected Elements by Common Name
California Department of Fish and Wildlife
California Natural Diversity Database
IPaC System - Explore Locations Resources
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 1/13 IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site-specific (e.g., vegetation/species surveys) and project-specific (e.g., magnitude and timing of proposed activities) information.

Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section.

Project information
NAME
City of Porterville TO19 Union Avenue Reconstruction

LOCATION
Tulare County, California

DESCRIPTION
None
Local office
Sacramento Fish And Wildlife Office
 (916) 414-6600
 (916) 414-6713
IPaC U.S. Fish & Wildlife Service
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 2/13 Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 3/13 Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the known or expected range of each species.

Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project-specific information is often required.

Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following:

1. Log in to IPaC.

2. Go to your My Projects list.

3. Click PROJECT HOME for this project.

4. Click REQUEST SPECIES LIST.

Listed species and their critical habitats are managed by the Ecological Services Program of the U.S.

Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ).

2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

The following species are potentially affected by activities in this location:

Mammals
1 2

NAME STATUS
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 4/13 Reptiles
Amphibians
Fishes
Crustaceans
San Joaquin Kit Fox Vulpes macrotis mutica
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2873
Endangered
Tipton Kangaroo Rat Dipodomys nitratoides nitratoides
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7247
Endangered

NAME STATUS
Blunt-nosed Leopard Lizard Gambelia silus
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/625
Endangered
Giant Garter Snake Thamnophis gigas
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/4482
Threatened

NAME STATUS
California Red-legged Frog Rana draytonii
Wherever found
There is final critical habitat for this species. The location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/2891
Threatened

NAME STATUS
Delta Smelt Hypomesus transpacificus
Wherever found
There is final critical habitat for this species. The location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/321
Threatened

NAME STATUS
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 5/13 Flowering Plants
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.

Migratory birds
Vernal Pool Fairy Shrimp Branchinecta lynchi
Wherever found
There is final critical habitat for this species. The location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/498
Threatened

NAME STATUS
San Joaquin Adobe Sunburst Pseudobahia peirsonii
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2931
Threatened
Springville Clarkia Clarkia springvillensis
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8309
Threatened
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918.

2. The Bald and Golden Eagle Protection Act of 1940.

Additional information can be found using the following links:

Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php
Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php
1 2
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 6/13 The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:
enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf

NAME BREEDING SEASON (IF A

BREEDING SEASON IS INDICATED

FOR A BIRD ON YOUR LIST, THE

BIRD MAY BREED IN YOUR

PROJECT AREA SOMETIME WITHIN

THE TIMEFRAME SPECIFIED,

WHICH IS A VERY LIBERAL

ESTIMATE OF THE DATES INSIDE

WHICH THE BIRD BREEDS
ACROSS ITS ENTIRE RANGE.
"BREEDS ELSEWHERE" INDICATES

THAT THE BIRD DOES NOT LIKELY
BREED IN YOUR PROJECT AREA.)
California Thrasher Toxostoma redivivum
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Jan 1 to Jul 31
Clark's Grebe Aechmophorus clarkii
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Jan 1 to Dec 31
Costa's Hummingbird Calypte costae
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9470
Breeds Jan 15 to Jun 10
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 7/13 Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )
Golden Eagle Aquila chrysaetos
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.
https://ecos.fws.gov/ecp/species/1680
Breeds Jan 1 to Aug 31
Lawrence's Goldfinch Carduelis lawrencei
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9464
Breeds Mar 20 to Sep 20
Nuttall's Woodpecker Picoides nuttallii
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9410
Breeds Apr 1 to Jul 20
Rufous Hummingbird selasphorus rufus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8002
Breeds elsewhere
Song Sparrow Melospiza melodia
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA
Breeds Feb 20 to Sep 5
Spotted Towhee Pipilo maculatus clementae
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/4243
Breeds Apr 15 to Jul 20
Tricolored Blackbird Agelaius tricolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/3910
Breeds Mar 15 to Aug 10
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 8/13 probability of presence breeding season survey effort no data Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high.

How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.

2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is

0.05/0.25 = 0.2.

3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score.

To see a bar's probability of presence score, simply hover your mouse cursor over the bar.

Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Effort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

To see a bar's survey effort range, simply hover your mouse cursor over the bar.

No Data ( )
A week is marked as having no data if there were no survey events for that week.

Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 9/13 California Thrasher
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Clark's Grebe
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Costa's
Hummingbird
BCC - BCR (This is a
Bird of
Conservation
Concern (BCC) only
in particular Bird
Conservation
Regions (BCRs) in
the continental
USA)
Golden Eagle
Non-BCC
Vulnerable (This is
not a Bird of
Conservation
Concern (BCC) in
this area, but
warrants attention
because of the
Eagle Act or for
potential
susceptibilities in
offshore areas
from certain types
of development or
activities.)
Lawrence's
Goldfinch
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 10/13 Nuttall's
Woodpecker
BCC - BCR (This is a
Bird of
Conservation
Concern (BCC) only
in particular Bird
Conservation
Regions (BCRs) in
the continental
USA)
Rufous
Hummingbird
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Song Sparrow
BCC - BCR (This is a
Bird of
Conservation
Concern (BCC) only
in particular Bird
Conservation
Regions (BCRs) in
the continental
USA)
Spotted Towhee
BCC - BCR (This is a
Bird of
Conservation
Concern (BCC) only
in particular Bird
Conservation
Regions (BCRs) in
the continental
USA)
Tricolored
Blackbird
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 11/13 Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);

2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and

3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). 6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 12/13 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review.

Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page.

Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.
6/22/2021 IPaC: Explore Location resources
https://ecos.fws.gov/ipac/project/WWCD5PI7KJAGJH3BC43T5VD37I/resources 13/13 THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.

Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

THERE ARE NO KNOWN WETLANDS AT THIS LOCATION.

Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted.

Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site.

Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.

Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.

These habitats, because of their depth, go undetected by aerial imagery.

Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities.

Natural Resource Conservation Services - Custom Soil
Resource Report
United States
Department of
Agriculture
A product of the National
Cooperative Soil Survey,
a joint effort of the United
States Department of
Agriculture and other
Federal agencies, State
agencies including the
Agricultural Experiment
Stations, and local
participants
Custom Soil Resource
Report for
Tulare County,
California, Central
Part
City of Porterville TO19 Union
Ave Alignment
Natural
Resources
Conservation
Service
May 17, 2021
Preface
Soil surveys contain information that affects land use planning in survey areas.

They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers.

Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment.

Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions.

The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations.

Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/? cid=nrcs142p2_053951).

Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations.

The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey.

Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
3 Contents
Preface....................................................................................................................2 How Soil Surveys Are Made..................................................................................5 Soil Map.................................................................................................................. 8 Soil Map................................................................................................................9 Legend................................................................................................................10 Map Unit Legend................................................................................................ 11 Map Unit Descriptions.........................................................................................11 Tulare County, California, Central Part........................................................... 13 153—San Emigdio loam..............................................................................13 164—Tujunga sand.....................................................................................14 References............................................................................................................16 4 How Soil Surveys Are Made
Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity.

Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA.

The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape.

Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries.

Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units).

Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research.

The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas.

Soil scientists make many field observations in the process of producing a soil map.

The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil-landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded.

These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape.

Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties.

While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management.

Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil.

Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date.

After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report
6 identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately.

Custom Soil Resource Report
7 Soil Map
The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 9
Custom Soil Resource Report
Soil Map
3992300 3992400 3992500 3992600 3992700 3992800 3992900 3992300 3992400 3992500 3992600 3992700 3992800
316700 316800 316900 317000 317100 317200 317300 317400 317500 316700 316800 316900 317000 317100 317200 317300 317400 317500 36° 3' 48'' N
119° 2' 9'' W
36° 3' 48'' N
119° 1' 31'' W
36° 3' 28'' N
119° 2' 9'' W
36° 3' 28'' N N 119° 1' 31'' W
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 11N WGS84 0 200 400 800 1200
Feet
0 50 100 200 300
Meters
Map Scale: 1:4,420 if printed on A landscape (11" x 8.5") sheet.

Soil Map may not be valid at this scale.

MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.

Warning: Soil Map may not be valid at this scale.

Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale.

Please rely on the bar scale on each map sheet for map
measurements.

Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:

Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required.

This product is generated from the USDA-NRCS certified data as of the version date(s) listed below.

Soil Survey Area: Tulare County, California, Central Part Survey Area Data: Version 14, May 29, 2020
Soil map units are labeled (as space allows) for map scales 1:50,000 or larger.

Date(s) aerial images were photographed: Mar 17, 2019—Mar 24, 2019
The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.

Custom Soil Resource Report
10 Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 153 San Emigdio loam 0.7 91.1%
164 Tujunga sand 0.1 8.6%
Totals for Area of Interest 0.8 100.0%
Map Unit Descriptions
The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit.

A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class.

Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils.

Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape.

The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, Custom Soil Resource Report
11 onsite investigation is needed to define and locate the soils and miscellaneous areas.

An identifying symbol precedes the map unit name in the map unit descriptions.

Each description includes general facts about the unit and gives important soil properties and qualities.

Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement.

Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.

Some map units are made up of two or more major soils or miscellaneous areas.

These map units are complexes, associations, or undifferentiated groups.

A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps.

The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example.

An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example.

An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.

Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example.

Custom Soil Resource Report
12 Tulare County, California, Central Part
153—San Emigdio loam
Map Unit Setting
National map unit symbol: hkff
Elevation: 430 to 690 feet
Mean annual precipitation: 11 to 16 inches
Mean annual air temperature: 61 to 64 degrees F
Frost-free period: 320 to 325 days
Farmland classification: Prime farmland if irrigated
Map Unit Composition
San emigdio and similar soils: 90 percent
Minor components: 10 percent
Estimates are based on observations, descriptions, and transects of the mapunit.

Description of San Emigdio
Setting
Landform: Alluvial fans
Landform position (two-dimensional): Footslope
Landform position (three-dimensional): Base slope
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Alluvium derived from granitoid and/or alluvium derived from sedimentary rock
Typical profile
Ap - 0 to 29 inches: loam
C - 29 to 66 inches: fine sandy loam, sandy loam, loam
C - 29 to 66 inches:

C - 29 to 66 inches:

Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum content: 5 percent
Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Very high (about 15.8 inches) Interpretive groups
Land capability classification (irrigated): 1
Land capability classification (nonirrigated): 4c
Hydrologic Soil Group: A
Ecological site: R017XE118CA - CALCAREOUS LOAMY
Hydric soil rating: No
Custom Soil Resource Report
13 Minor Components
Honcut
Percent of map unit: 2 percent
Hydric soil rating: No
Tujunga
Percent of map unit: 2 percent
Hydric soil rating: No
Wyman
Percent of map unit: 2 percent
Hydric soil rating: No
Unnamed, salty
Percent of map unit: 2 percent
Hydric soil rating: No
Unnamed, finer subsoil
Percent of map unit: 2 percent
Hydric soil rating: No
164—Tujunga sand
Map Unit Setting
National map unit symbol: hkfs
Elevation: 10 to 2,500 feet
Mean annual precipitation: 10 to 25 inches
Mean annual air temperature: 59 to 64 degrees F
Frost-free period: 280 to 350 days
Farmland classification: Not prime farmland
Map Unit Composition
Tujunga and similar soils: 90 percent
Minor components: 10 percent
Estimates are based on observations, descriptions, and transects of the mapunit.

Description of Tujunga
Setting
Landform: Alluvial fans
Landform position (two-dimensional): Footslope
Landform position (three-dimensional): Base slope
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Alluvium derived from granitoid
Typical profile
A - 0 to 16 inches: sand
C - 16 to 60 inches: loamy sand, fine sand, sand
C - 16 to 60 inches:

Custom Soil Resource Report
14 C - 16 to 60 inches:

Properties and qualities
Slope: 0 to 5 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Somewhat excessively drained
Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water capacity: High (about 10.3 inches)
Interpretive groups
Land capability classification (irrigated): 3s
Land capability classification (nonirrigated): 6s
Hydrologic Soil Group: A
Ecological site: R017XE080CA - SANDY
Hydric soil rating: No
Minor Components
Honcut
Percent of map unit: 4 percent
Hydric soil rating: No
Unnamed, calcareous
Percent of map unit: 3 percent
Hydric soil rating: No
San emigdio
Percent of map unit: 3 percent
Hydric soil rating: No
Custom Soil Resource Report
15 References
American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition.

American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00.

Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31.

Federal Register. July 13, 1994. Changes in hydric soils of the United States.

Federal Register. September 18, 2002. Hydric soils of the United States.

Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States.

National Research Council. 1995. Wetlands: Characteristics and boundaries.

Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service.

U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262
Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section.

United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1.

United States Department of Agriculture, Natural Resources Conservation Service.

National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374
United States Department of Agriculture, Natural Resources Conservation Service.

National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 16 United States Department of Agriculture, Natural Resources Conservation Service.

National soil survey handbook, title 430-VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242
United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nrcs142p2_053624
United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf Custom Soil Resource Report
17 Provost & Pritchard Consulting Group • March 2022 Appendix C-1 Appendix C
Cultural Resources Information
City of Porterville
Task Order 19 Union Avenue
Reconstruction Project
Cultural Resources Information
Southern San Joaquin Valley California Information Center, CSU Bakersfield, California Historical Resources Information System: Record Search 21-162, dated May 24, 2021. • There have been no previous cultural resource studies conducted within the project area.
• There have been nine cultural resource studies conducted within a one-half mile radius, TU-00419, 00446, 01061, 01131, 01140, 01201, 01213, 01252, and 01704. • There are no recorded resources within the project area, and it is not known if any exist. • There are 14 recorded cultural resources within the one-half mile radius, P-54-003108, 003109, 003110, 003111, 003112, 003113, 003114, 003115, 003116, 003161, 003166, 003210, 004626, and 004700. These resources all consist of historic era buildings in Porterville Historic District 2 and an historic era railroad. • There are no recorded cultural resources within the project area or radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, or the California State Historic Landmarks.

Native American Heritage Commission (NAHC): Sacred Lands File & Native American Contacts List Request, dated May 26, 2021.
• A Record Search of the NAHC Sacred Lands File was completed for the Area of Potential Effect (APE) with negative results.
• A list of ten tribal contacts was provided, and letters to the ten tribal contacts were then mailed out May 26, 2021.
• No additional responses or additional cultural information were received by the City of Porterville.

AB 52 Consultation pursuant to Public Resource Code Section 21080.3.1 • The City of Porterville has received a letter from the Santa Rosa Rancheria Tachi Yokut Tribe and the Tule River Indian Tribe.
• The City of Porterville sent out a Tribal Consultation Notification Request Letter Pursuant to AB 52 to both Tribes via certified mail dated January 13, 2022, which included a Project Description, map of the APE and a Topo map.
• No correspondence has been received by the City of Porterville pursuant to the Tribal Consultation Notification Request Letter.

CHRIS – Record Search Results
To: Jacqueline Lancaster Record Search 21-181
Provost & Pritchard Consulting Group
130 N. Garden Street
Visalia, CA 93291
Date: May 24, 2021
Re: City of Porterville, Union Avenue Reconstruction Project, between Indiana to Jaye Street County: Tulare
Map(s): Porterville 7.5’

CULTURAL RESOURCES RECORDS SEARCH
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public. Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.

The following are the results of a search of the cultural resource files at the Southern San Joaquin Valley Information Center. These files include known and recorded cultural resources sites, inventory and excavation reports filed with this office, and resources listed on the National Register of Historic Places, the OHP Built Environment Resources Directory, California State Historical Landmarks, California Register of Historical Resources, California Inventory of Historic Resources, and California Points of Historical Interest. Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the OHP are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.

PRIOR CULTURAL RESOURCE STUDIES CONDUCTED WITHIN THE PROJECT AREA AND THE ONE-HALF MILE RADIUS
According to the information in our files, there have been no previous cultural resource studies conducted within the project area. There have been nine cultural resource studies conducted within a one-half mile radius, TU-00419, 00446, 01061, 01131, 01140, 01201, 01213, 01252, and 01704.

Record Search 21-181

KNOWN/RECORDED CULTURAL RESOURCES WITHIN THE PROJECT AREA AND THE ONE-HALF MILE RADIUS There are no recorded resources within the project area, and it is not known if any exist there. There are 14 recorded cultural resources within the one-half mile radius, P-54-003108, 003109, 003110, 003111, 003112, 003113, 003114, 003115, 003116, 003161, 003166, 003210, 004626, and 004700. These resources all consist of historic era buildings in Porterville Historic District 2 and an historic era railroad.

There are no recorded cultural resources within the project area or radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, or the California State Historic Landmarks.

COMMENTS AND RECOMMENDATIONS
We understand this project consists of the reconstruction of Union Avenue between Indian and Jaye Streets in the City of Porterville. Because the project area has already been developed with the existing road, no new cultural resources survey is recommended at this time. However, cultural resources may exist under the road asphalt. Therefore, we recommend an archaeological monitor be present during ground disturbance activities to identify any unearthed cultural resources and make the appropriate mitigation recommendations.

A list of qualified consultants can be found at www.chrisinfo.org.

We also recommend that you contact the Native American Heritage Commission in Sacramento. They will provide you with a current list of Native American individuals/organizations that can assist you with information regarding cultural resources that may not be included in the CHRIS Inventory and that may be of concern to the Native groups in the area. The Commission can consult their "Sacred Lands Inventory" file to determine what sacred resources, if any, exist within this project area and the way in which these resources might be managed. Finally, please consult with the lead agency on this project to determine if any other cultural resource investigation is required. If you need any additional information or have any questions or concerns, please contact our office at (661) 654-2289.

By:

Celeste M. Thomson, Coordinator Date: May 17, 2021
Please note that invoices for Information Center services will be sent under separate cover from the California State University, Bakersfield Accounting Office.

NAHC – Sacred Lands File Search Results
STATE OF CALIFORNIA Gavin Newsom, Governor

NATIVE AMERICAN HERITAGE COMMISSION

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Porterville City CouncilMay 3, 2022

Porterville City Council
May 3, 2022