3pg18xi20
1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• Exhibit A – Scope of Work and Schedule
• Exhibit B – Specific Funding Provisions
• Exhibit C – GENERAL TERMS AND CONDITIONS 2019-NOV
• Exhibit D – Special Conditions
2. The following documents are also incorporated by reference:
• the Drinking Water System Permit No. 03-12-06P-004;
• the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/davisbacon/2020_ dwsrf_governmental_entities.pdf
3. Party Contacts during the term of this Agreement are:
State Water Board City of Porterville
Section: Division of Financial Assistance
Name: Pete Stamas, Project Manager Name: Monte Reyes, Mayor Address: 1001 I Street, 16th Floor Address: 291 North Main Street City, State,
Zip:
Sacramento, CA 95814 City, State, Zip: Porterville, CA 93257 Phone: (916) 552-9983 Phone: (559) 782-7499
Fax: Fax:
Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.
4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement. (b) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(c) The Recipient must deliver to the Division a resolution certifying that its decision-making body reviewed and considered the Mitigated Negative Declaration filed by the State Water Board for the Akin Water Company Water Supply Project together with the Mitigation Monitoring and Reporting Program and reached its own conclusions on whether and how to approve the Project, pursuant to Section 15050 (b) of the CEQA Guidelines.
5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
3pg18xi20
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1. PROJECT PURPOSE AND DESCRIPTION.
The Project is for the benefit of the Recipient and has a Useful Life of at least 40 years. The funding under this Agreement shall be used to provide the residents of two small disadvantaged communities currently served by Akin Water Company (Akin WC) and Central Mutual Water Company (Central MWC) with a sustainable source of safe drinking water.
A.2. SCOPE OF WORK.
The Recipient agrees to do the following: consolidate with Akin WC and Central MWC. Recipient also agrees to construct a new production well, estimated to produce between 1,300 and 1,800 gallons per minute, to provide the needed source capacity for the consolidation of Akin WC, the consolidation of Central MWC, as well as satisfy the remainder of East Porterville residents’ capacity needs.
The Recipient agrees to do the following for the Akin WC service area: construct approximately 1,500 feet of 8-inch waterline to provide water service to each customer currently served by Akin WC; install approximately three new fire hydrants and twenty-six new service laterals and meters; and destroy Akin WC’s two existing wells.
The Recipient agrees to do the following for the Central MWC service area: construct approximately 1,400 feet of 6-inch waterline to provide water service to each customer currently served by Central MWC; install approximately four new fire hydrants and thirty-four new service laterals and meters; and destroy Central MWC’s existing well.
Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.
A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.
Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
must complete and submit all work in time to be approved by the Division prior to the Project Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.
ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE
ESTIMATED DUE
DATE
EXHIBIT A – SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION
1. Final Plans and Specifications September 1, 2021
2. Final Budget Approval Package February 1, 2022
3. Completion of Construction October 1, 2023
B. REPORTS
1. Progress Reports Quarterly
2. Final Inspection and Certification October 1, 2023
3. Project Completion Report December 1, 2023
4 As Needed Reports TBD
EXHIBIT B – REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS
1. Reimbursement Requests Quarterly
2. Final Reimbursement Request April 1, 2024
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.
A.5 PROGRESS REPORTS.
The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements; 3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit A
A.6 SPECIAL REPORTS.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply.
A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.
Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.
The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.
B.2 RECIPIENT CONTRIBUTIONS.
(a) The loan component of this Agreement is forgiven. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is Zero dollars and no cents ($0.00). (b) The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect the recovered funds.
B.3 VERIFIABLE DATA.
Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.
B.4 BUDGET COSTS
Budget costs are contained in the Summary Project Cost Table below:
LINE ITEM TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT
Construction $3,194,720 $3,194,720
Pre-Purchased Material/Equipment $0 $0
Purchase of Land $0 $0
Contingency $638,944 $638,944
Allowances (Soft Costs) $954,000 $954,000
TOTAL $4,787,664 $4,787,664
The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.
The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.
Reasonable indirect costs may be allowable upon approval by the Division.
B.5 LINE ITEM ADJUSTMENTS.
Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.
Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.
B.6 REIMBURSEMENT PROCEDURE.
(a) Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:
1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred costs as specified below through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.
2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.
3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.
4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed.
Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.
5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.
6. The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.
7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (b) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(c) Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after this the Division has approved the final budget form submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.
B.7 REVERTING FUNDS AND DISENCUMBRANCE.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit B
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
EXHIBIT D – SPECIAL CONDITIONS
1. Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date
2. Each capitalized term used in this Agreement has the following meaning:
• "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. • "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
• "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
• “District Office” means District Office of the Division of Drinking Water of the State Water Board. • “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. • “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
• “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. • “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
b) Failure to operate the System or the Project without the Division’s approval; • “Final Budget Approval” means the Division-approved final budget for the Project, as set forth in Exhibit B. • “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
• "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. • “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. • “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
• “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Porterville, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. • “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.
3. Acknowledgements.
The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.
5. [RESERVED]
6. [RESERVED].
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
7. Environmental/Technical Special Conditions
Technical:
1. The Recipient shall submit its professional engineering services contract to the Division prior to disbursement of funds for costs incurred under such contract.
2. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division of Drinking Water Tulare District Office Engineer and the Project Manager.
3. The Recipient must submit final consolidation agreements with Akin WC and Central MWC, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for any Project Costs under the Agreement.
4. Upon completion of the Project the Recipient shall submit a water supply permit amendment request for review to the Division of Drinking Water Tulare District Office.
Environmental:
1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Mitigation Monitoring and Reporting Program adopted by the State Water Board on June 16, 2016 for the Project. The Recipient shall implement all mitigation measures therein. b. The letter dated February 12, 2020, from Patricia Cole of the United States Fish and Wildlife Service, San Joaquin Valley Division to Douglas E. Eberhardt of the United States Environmental Protection Agency, including, but not limited to, the following:
i. Implement Avoidance and Minimization Measures and Best Management Practices prior to and during construction activities to minimize and avoid effects to the San Joaquin kit fox.
c. The Mitigation Monitoring and Reporting Program adopted by the City of Porterville on April 21, 2020 for the Central Mutual Water Company Consolidation Project. The Recipient shall implement all mitigation measures therein.
2. In the Recipient’s Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.
3. In the Recipient’s Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.
8. [RESERVED].
9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.
10. [RESERVED].
11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
12. [RESERVED].
13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.
14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.
15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
xx. The occurrence of a material breach or event of default under any Recipient obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption.
xxi. [RESERVED].
16. Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due.
17. State Cross-Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement:
a) The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. b) Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations.
c) Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103.
d) Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. e) Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527.
f) Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.).
g) Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code.
h) Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. i) Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852.
j) Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503.
k) The Recipient agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with directives or orders issued pursuant to Division 7 of the Water Code.
18. Financial Management Systems. The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient is bound by, and must comply with, the provisions and requirements of the federal Single Audit Act of 1984 and 2 CFR Part 200, subpart F, and updates or revisions, thereto.
19. Access and Inspection. In addition to the obligations set forth in section 2 of the General Terms and Conditions incorporated in Exhibit C of this Agreement, the Recipient must ensure that the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during the term of the Agreement.
20. Fraud, Waste, and Abuse. The Recipient shall prevent fraud, waste, and the abuse of Project Funds, and shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. The Recipient understands that discovery of any evidence of misrepresentation or fraud related to reimbursement requests, invoices, proof of payment of invoices, or other supporting information, including but not limited to double or multiple billing for time, services, or any other eligible cost, may result in referral to the Attorney General’s Office or the applicable District Attorney’s Office for appropriate action. The Recipient further understands that any suspected occurrences of false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds may result in withholding of reimbursements and/or the termination of this Agreement requiring the immediate repayment of all funds disbursed hereunder.
21. Disputes. The Recipient must continue with the responsibilities under this Agreement during any dispute.
The Recipient may, in writing, appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. This provision does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.
This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4.
22. Additional Representations and Warranties. The Recipient makes the following representations and warranties:
a. [RESERVED].
b. The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application, a material fact that makes the statements in its application not misleading.
c. The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement.
d. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the Cover Page.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
e. Except as set forth in this paragraph, there are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the Revenues, and/or the Project.
f. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain any of the real or personal property related to or necessary for the Project.
g. The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. h. Any financial statements or other financial documentation of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements or other financial documentation: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements or other financial documentation, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements or other financial documentation been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board.
i. The Recipient is current in its continuing disclosure obligations associated with its material debt, if any.
j. The Recipient has no conflicting or material obligations, except as set forth in this paragraph. k. The Recipient legally possesses all real property rights necessary for the purposes of this Agreement, not subject to third party revocation, which rights extend at least to the Records Retention End Date of this Agreement, except as set forth in this paragraph. l. The Recipient and its principals, to the best of the Recipient’s knowledge and belief, are not presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized; nor have they engaged or permitted the performance of services covered by this Agreement from parties that are debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this grant funding is authorized.
m. The Recipient possesses all water rights necessary for this Project.
23. Federal SRF Requirements. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions for the Useful Life of the Project:
a. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.
b. The Recipient must include in full the Wage Rate Requirements (Davis-Bacon) language incorporated by reference in Section 2 of this Agreement in all construction contracts and subcontracts.
c. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
d. The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/ogd.
e. No Recipient may receive funding under this Agreement unless it has provided its DUNS number to the State Water Board.
f. [RESERVED]
g. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR.
h. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs.
i. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement.
j. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed.
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
k. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A.
l. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. m. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing.
n. The Recipient certifies to the best of its knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, and notify the State Water Board.
iii. The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks disbursements under this Agreement.
o. The Recipient must comply with the following federal non-discrimination requirements:
i. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). ii. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.
iii. The Age Discrimination Act of 1975, which prohibits age discrimination. iv. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
v. 40 CFR Part 7, as it relates to the foregoing.
vi. Executive Order 13798, including, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech vii. All applicable federal civil rights regulations, including statutory and national policy requirements (2 CFR section 200.300).
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
p. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions:
"During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States."
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
q. The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises as set forth in this Agreement. r. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . s. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105.
t. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. u. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov.
v. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly-owned wells as an alternative drinking water supply. w. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. x. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct.
y. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA’s Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientificintegrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue.
z. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non-scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA’s Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017
Exhibit D
disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors.
aa. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156).
Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training,” available at http://grants.nih.gov/grants/olaw/references/phspol.htm#USGovPrinciples. bb. The Recipient certifies that no Project Funds will be used on:
i. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ii. Telecommunications or video surveillance services produced by such entities; iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or
iv. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216.
Item No. 19.
CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Formation of Sewer Utility District 474B
SOURCE: Engineering and Project Management
COMMENT: This is the time and place set forth for the Public Hearing on the formation of the Area 474B Sewer Utility District. Ballot and information materials were distributed on July 11, 2022, to Area 474B stakeholders. The official end to the ballot process is at the closing of the Public Hearing. Property owners have until then to submit ballots in support or opposition to the formation of the District and the imposition of the assessment.
Assessments for the District were determined in the Engineering Report and accepted by the City Council at its meeting on August 2, 2022. Pursuant to the notices provided to the property owners, assessments per lot were determined by lot acreage divided by contractor bid plus ten percent (10%) contingency, bid lateral cost plus ten percent (10%) contingency, and a $1,554.89 per lot construction management fee (10% of bid). The City proposes the following:
1. If Area 474B Sewer Utility District Passes:
a) Property owners receive a one-time assessment calculated using final construction costs or costs based on the City's Exhibit "H" connection fees schedule and lateral costs, whichever is the lesser amount, payable over thirty (30) years adjusted three percent (3%) interest compounded annually and billed through the Tulare County Assessor's Office beginning December 2023, or December 2024; depending on acceptance of project by the Council. b) At the time of connection, the property owner/s or a licensed plumbing contractor secures a plumbing permit and abandons the septic system to County Standards. Monthly service charges for sewer begin at the time of connection.
C) Property owners who do not want collection of the assessment to occur via the above-mentioned method have until June 30, 2023, or June 30, 2024, depending on acceptance of the project by the Council, to inform the City in writing by signing a "decline to participate" form once final costs have been calculated. These property owners shall pay connection fees per Exhibit "H" connection fees schedule at the time of connection and the cost of the lateral thereafter.
2) If Area 474B Sewer Utility District fails:
a) Sewer mains and laterals will still be installed per plans and specifications. b) Property owners wishing to connect to the City's sewer system shall secure a plumbing permit, abandon the existing septic system per County Standards, and pay all connection fees based on actual construction costs, adjusted three Item No. 19.
percent (3%) annually, or per the City's Exhibit "H" connection fees schedule and the cost of the lateral, whichever is the lesser amount.
The number of ballots makes it infeasible to tabulate and announce whether a Sewer Utility District has been formed or not formed during the Public Hearing.
Staff recommends that the Council direct the City Clerk to count and tabulate the votes on September 7, 2022, at 9:00 am in the Jay C. Coleman Conference Room, located in City Hall. The tabulation process is open to the public. The results will be presented to the Council at its meeting on September 20, 2022.
No assessment may be imposed if a "majority protest" exists. A "majority protest" exists if the ballots submitted in opposition exceed the ballots submitted in favor of the assessment.
RECOMMENDATION: That the City Council:
1. Open the Public Hearing, take comments, and accept any ballots; and
2. Instruct the City Clerk to receive all ballots, and count said votes on September 7, 2022, in the Jay C. Coleman Conference Room, located in City Hall, at 9:00 am and report to the Council the outcome of the voting at its meeting on September 20, 2022.
ATTACHMENTS: 1. Locator Map
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 474B
SUBJECT
LOCATION N PROSPECT ST
W NORTH GRAND
AVE N BEVERLY ST N NEWCOMB ST N DOUGLAS ST N PROSPECT ST LEGEND
ANNEXATION LIMITS
EXISTING SEWER MAIN
PROPOSED SEWER MAIN
W LINDA VISTA AVE
Item No. 20.
CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Formation of Sewer Utility District 475D
SOURCE: Engineering and Project Management
COMMENT: This is the time and place set forth for the Public Hearing on the formation of the Area 475D Sewer Utility District. Ballot and information materials were distributed on July 8, 2022, to Area 475D stakeholders. The official end to the ballot process is at the closing of the Public Hearing. Property owners have until then to submit ballots in support or opposition to the formation of the District and the imposition of the assessment.
Assessments for the District were determined in the Engineering Report and accepted by the City Council at its meeting on August 2, 2022. Pursuant to the notices provided to the property owners, assessments per lot were determined by lot acreage divided by contractor bid plus ten percent (10%) contingency, bid lateral cost plus ten percent (10%) contingency, and a $1,207.75 per lot construction management fee (10% of bid). The City proposes the following:
1. If Area 475D Sewer Utility District Passes:
a) Property owners receive a one-time assessment calculated using final construction costs or costs based on the City's Exhibit "H" connection fees schedule and lateral costs, whichever is the lesser amount, payable over thirty (30) years adjusted three percent (3%) interest compounded annually and billed through the Tulare County Assessor's Office beginning December 2023, or December 2024; depending on acceptance of project by the Council. b) At the time of connection, the property owner/s or a licensed plumbing contractor secures a plumbing permit and abandons the septic system to County Standards. Monthly service charges for sewer begin at the time of connection.
C) Property owners who do not want collection of the assessment to occur via the above-mentioned method have until June 30, 2023, or June 30, 2024, depending on acceptance of the project by the Council, to inform the City in writing by signing a "decline to participate" form once final costs have been calculated. These property owners shall pay connection fees per Exhibit "H" connection fees schedule at the time of connection and the cost of the lateral thereafter.
2) If Area 475D Sewer Utility District fails:
a) Sewer mains and laterals will still be installed per plans and specifications. b) Property owners wishing to connect to the City's sewer system shall secure a plumbing permit, abandon the existing septic system per County Standards, and pay all connection fees based on actual construction costs, adjusted three Item No. 20.
percent (3%) annually, or per the City's Exhibit "H" connection fees schedule and the cost of the lateral, whichever is the lesser amount.
The number of ballots makes it infeasible to tabulate and announce whether a Sewer Utility District has been formed or not formed after the Public Hearing.
Staff recommends that the Council direct the City Clerk to count and tabulate the votes on September 7, 2022, at 9:00 am in the Jay C. Coleman Conference Room, located in City Hall. The tabulation process is open to the public. The results will be presented to the Council at its meeting on September 20, 2022.
No assessment may be imposed if a "majority protest" exists. A "majority protest" exists if the ballots submitted in opposition exceed the ballots submitted in favor of the assessment.
RECOMMENDATION: That City Council:
1. Open the Public Hearing, take comments, and accept any ballots; and
2. Instruct the City Clerk to receive all ballots, tally said ballots at 9:00 A.M. on September 7, 2022, in the Jay C. Coleman
Conference Room, located in City Hall, and report to the Council the outcome of the voting at its meeting on September 20, 2022.
ATTACHMENTS: 1. Locator Map
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
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Item No. 21.
CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Formation of Sewer Utility District 476
SOURCE: Engineering and Project Management
COMMENT: This is the time and place set forth for the Public Hearing on the formation of the Area 476 Sewer Utility District. Ballot and information materials were distributed on July 8, 2022, to Area 476 stakeholders. The official end to the ballot process is at the end of the Public Hearing. Property owners have until then to submit ballots in either support or opposition of the formation of the District and the imposition of the assessment.
Assessments for the District were determined in the Engineering Report and accepted by the City Council on August 2, 2022. Pursuant to the notices provided to the property owners, assessments per lot were determined by lot acreage divided by contractor bid plus ten percent (10%) contingency, bid lateral cost plus ten percent (10%) contingency, and a $2,195.08 per lot construction management fee (10% of bid). The City proposes the following:
1. If Area 476 Sewer Utility District Passes:
a) Property owners receive a one-time assessment calculated using final construction costs or costs based on the City's Exhibit "H" connection fees schedule and lateral costs, whichever is the lesser amount, payable over thirty (30) years adjusted three percent (3%) interest compounded annually and billed through the Tulare County Assessor's Office beginning December 2023, or December 2024; depending on acceptance of project by the Council. b) At the time of connection, the property owner/s or a licensed plumbing contractor secures a plumbing permit and abandons the septic system to County Standards. Monthly service charges for sewer begin at the time of connection.
C) Property owners who do not want collection of the assessment to occur via the above-mentioned method have until June 30, 2013, or June 30, 2024, depending on acceptance of the project by the Council, to inform the city in writing by signing a "decline to participate" form once final costs have been calculated. These property owners shall pay connection fees per Exhibit "H" connection fees schedule at the time of connection and the cost of the lateral thereafter.
2) If Area 476 Sewer Utility District fails:
a) Sewer mains and laterals will still be installed per plans and specifications. b) Property owners wishing to connect to the City's sewer system shall secure a plumbing permit, abandon the existing septic system per County Standards, and pay all connection fees based on actual construction costs, adjusted three Item No. 21.
percent (3%) annually, or per the City's Exhibit "H" connection fees schedule and the cost of the lateral, whichever is the lesser amount.
The number of ballots makes it infeasible to tabulate and announce whether a Sewer Utility District has been formed or not formed during the Public Hearing.
Staff recommends that the Council direct the City Clerk to count and tabulate the votes on September 7, 2022, at 9:00 am in the Jay C. Coleman Conference Room, located in City Hall. The tabulation process is open to the public. The results will be presented to the Council at its meeting on September 20, 2022.
No assessment may be imposed if a "majority protest" exists. A "majority protest" exists if the ballots submitted in opposition exceed the ballots submitted in favor of the assessment.
RECOMMENDATION: That the City Council:
1. Open the Public Hearing, take comments, and accept any ballots; and
2. Instruct the City Clerk to receive all ballots, and count said votes on September 7, 2022, in the Jay C. Coleman Conference Room, located in City Hall, at 9:00 am and report to the Council the outcome of the voting at its meeting on September 20, 2022.
ATTACHMENTS: 1. Locator Map
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 476
SUBJECT
LOCATION
STATE HIGHWAY 190
W GIBBONS AVE S MAIN ST S INDIANA ST
LEGEND
ANNEXATION LIMITS
EXISTING SEWER MAIN
PROPOSED SEWER MAIN S PLANO ST
E GIBBONS AVE
E YATES AVE
Item No. 22.
CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Formation of Sewer Utility District 478B & 478C SOURCE: Engineering and Project Management
COMMENT: This is the time and place set forth for the Public Hearing on the formation of the Area 478B & 478C Sewer Utility District. Ballot and information materials were distributed on July 11, 2022, to Area 478B & 478C stakeholders. The official end to the ballot process is at the end of tonight's Public Hearing.
Property owners have until then to submit ballots in support of opposition of the formation of the District and the imposition of the assessment.
Assessments for the District were determined in the Engineering Report and accepted by the City Council on August 2, 2022. Pursuant to the notices provided to the property owners, assessments per lot were determined by lot acreage divided by contractor bid plus ten percent (10%) contingency, bid lateral cost plus ten percent (10%) contingency, and a $1,856.13 per lot construction management fee (10% of bid). The City proposes the following:
1. If Area 478B & 478C Sewer Utility District Passes:
a) Property owners receive a one-time assessment calculated using final construction costs or costs based on the City's Exhibit "H" connection fees schedule and lateral costs, whichever is the lesser amount, payable over thirty (30) years adjusted three percent (3%) interest compounded annually and billed through the Tulare County Assessor's Office beginning December 2023, or December 2024; depending on acceptance of project by the Council. b) At the time of connection, the property owner/s or a licensed plumbing contractor secures a plumbing permit and abandons the septic system to County Standards. Monthly service charges for sewer begin at the time of connection.
C) Property owners who do not want collection of the assessment to occur via the above-mentioned method have until June 30, 2023, or June 30, 2024, depending on acceptance of the project by the Council, to inform the city in writing by signing a "decline to participate" form once final costs have been calculated. These property owners shall pay connection fees per Exhibit "H" connection fees schedule at the time of connection and the cost of the lateral thereafter.
2) If Area 478B & 478C Sewer Utility District fails:
a) Sewer mains and laterals will still be installed per plans and specifications. b) Property owners wishing to connect to the City's sewer system shall secure a plumbing permit, abandon the existing septic system per County Standards, and pay all connection fees based on actual construction costs, adjusted three Item No. 22.
percent (3%) annually, or per the City's Exhibit "H" connection fees schedule and the cost of the lateral, whichever is the lesser amount.
The number of ballots makes it infeasible to tabulate and announce whether a Sewer Utility District has been formed or not formed during the Public Hearing.
Staff recommends that the Council direct the City Clerk to count and tabulate the votes on September 7, 2022, at 9:00 am in the Jay C. Coleman Conference Room, located in City Hall. The tabulation process is open to the public. The results will be presented to the Council at its meeting on September 20, 2022.
No assessment may be imposed if a "majority protest" exists. A "majority protest" exists if the ballots submitted in opposition exceed the ballots submitted in favor of the assessment.
RECOMMENDATION: That City Council:
1. Open the Public Hearing, take comments, and accept any ballots; and
2. Instruct the City Clerk to receive all ballots, and count said votes on September 7, 2022, in the Jay C. Coleman Conference Room, located in City Hall, at 9:00 am and report to the Council the outcome of the voting at its meeting on September 20, 2022.
ATTACHMENTS: 1. Locator Map - ANNEX 478B
2. Locator Map - ANNEX 478C
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Maria Bemis, Finance Director
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 478B
SUBJECT
LOCATION
W PIONEER AVE N PROSPECT ST STATE HIGHWAY 65
W NORTH GRAND AVE N COBB ST
W CASTLE AVE
LEGEND
ANNEXATION LIMITS
EXISTING SEWER MAIN
PROPOSED SEWER MAIN
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 478C
SUBJECT
LOCATION
W MORTON AVE
W OLIVE AVE
W THURMAN AVE ROAD 222 ROAD 223 N WESTWOOD ST
W HARRISON AVE
W PUTNAM AVE
LEGEND
ANNEXATION LIMITS
EXISTING SEWER MAIN
PROPOSED SEWER MAIN
Item No. 23.
CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: 2021-2022 Consolidated Annual Performance Evaluation Report (CAPER) SOURCE: Community Development
COMMENT: The City's 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER), has been prepared for submittal to the U.S. Department of Housing and Urban Development (HUD). The CAPER reports on specific federal assistance allocated to the City for the period July 1, 2021, through June 30, 2022. The CAPER is the performance reporting tool for the 2021-2022 Action Plan Program Year, and is required by HUD guidelines. Performance reporting meets four basic purposes:
Provides HUD with necessary information for the Department to meet its statutory requirement to assess each grantee’s ability to carry out relevant programs in compliance with all applicable rules and regulations;
Provides information necessary for HUD’s Annual Report to Congress, and is statutorily mandated;
Provides grantees an opportunity to describe to residents their successes in revitalizing deteriorated neighborhoods and meeting objectives stipulated in their Consolidated and Action Plans; and
Assures that residents, community groups, and other interested stakeholders in the community development process are accurately informed of the use of federal resources.
As required by HUD regulations and the Citizen Participation Plan, staff obtained resident participation by publishing and posting bilingual public comment notices. On August 19, 2022, a public notice was published in English and Spanish in the Porterville Recorder and Noticiero Semanal, and the CAPER was made available for review electronically on the City’s website (www.ci.porterville.ca.us) and in City Hall. The public notices indicate comments may be submitted electronically and by telephone until September 6, 2022, at 6:30 p.m. At the time of this report, no comments have been received.
If comments are received prior to the close of the comment period, staff will respond to the comments before the CAPER is submitted to HUD by September 30, 2022.
RECOMMENDATION:
That the City Council:
1. Conduct the Public Hearing and consider any comments Item No. 23.
received;
2. Consider the Draft 2021-2022 Consolidated Annual
Performance Evaluation Report; and
3. Direct staff to submit said report to the Department of Housing and Urban Development by the required deadline of September 30, 2022.
ATTACHMENTS: 1. Draft 2021-2022 Consolidated Annual Performance Evaluation Report
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
NOTICE OF PUBLIC REVIEW AND COMMENT AND
NOTICE OF PUBLIC HEARING
The City of Porterville is soliciting public review and comment on the Consolidated Annual Performance and Evaluation Report (CAPER) for the City’s 2021/2022 Action Plan (AP). The AP is submitted annually to the U.S. Department of Housing and Urban Development (HUD) to enable the City to receive federal funds under the Community Development Block Grant (CDBG) program.
The CAPER, which has been prepared for submittal to HUD, reports on specific federal assistance allocated to the City of Porterville for the period July 1, 2021, through June 30, 2022. The CAPER is the performance reporting tool for the 2021/22 AP Program Year, and is required by HUD guidelines as described in a HUD Memorandum dated February 18, 1998.
The 15-day public review period for the CAPER begins August 19, 2022, and ends on September 6, 2022, at 5:00 p.m. The CAPER is available for inspection by any and all persons interested therein; on the City’s website www.ci.porterville.ca.us or at 291 N.
Main Street, Porterville, CA 93257. Written comments may be sent to that same address or emailed to [email protected].
Additionally, a Public Hearing will be held by the City Council of the City of Porterville on Tuesday, September 6, 2022, at 6:30 p.m. or as soon thereafter in order to consider the approval of the 2021/22 CAPER. Participation using Zoom is available and details can be found on the City’s website. The matter can also be heard in the Council Chambers at City Hall, 291 N. Main Street, Porterville, California and will be live streamed on YouTube
at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA.
This notice is given in order to provide all parties an opportunity to be heard and to present their views regarding this report. Any and all persons interested in this matter may provide comments. Persons of low and moderate income, disabled and elderly persons, members of minority groups, and persons residing in eligible CDBG Program areas are particularly encouraged to comment.
For more information about the CAPER or to present oral comment regarding the CAPER, please contact Jason Ridenour at (559) 782-7460.
DATED: August 19, 2022
Jason Ridenour, Community Development Director
NOTICIA PÚBLICA PARA REVISIÓN Y COMENTARIO
Y AVISO DE AUDIENCIA PÚBLICA
La Ciudad de Porterville solicita revisión y comentarios públicos para el Reporte Anual Consolidado de Ejecución y Evaluación (CAPER) para el Plan de Acción (AP) 2021/22 de la Ciudad de Porterville. El Plan de Acción (AP) es enviado anualmente al Departamento de Viviendas y Desarrollo Urbano de los Estados Unidos (HUD) para habilitar que la ciudad reciba fondos federales bajo la Beca del Desarrollo de la Comunidad (CDBG).
El CAPER, cual ha sido preparado para ser entregado a HUD, reporta asistencia especifica federal asignada a la Ciudad de Porterville para el periodo 1 de Julio de 2021 a 30 de Junio 30 de 2022. El CAPER es el reporte acerca de los programas del Plan de Acción del Año 2021/22, y es requerido por los reglamentos de HUD como escritas en el Memorando de HUD con fecha de Febrero 18, 1998.
El período de revisión pública de 15 días del CAPER comienza el 19 de agosto de 2022 y termina el 6 de septiembre de 2022 a las 5:00 p.m. El CAPER están disponible para inspección por todas las personas interesadas en el mismo en el sitio web de la Ciudad www.ci.porterville.ca.us o en 291 N. Main Street, Porterville, CA 93257. A ese mismo domicilio se pueden enviar los comentarios por escrito o por correo electrónico a [email protected].
Además, el Concilio de la Ciudad de Porterville tendrá una Audiencia Pública el martes 6 de septiembre de 2022 a las 6:30 p.m. o tan pronto como el asunto pueda ser escuchado en la sala de juntas del Concilio, para considerar la aprobación del CAPER 2021/2022. Participación mediante Zoom será disponible y los detalles se encuentran en el sitio web de la Ciudad. El tema también se puede escuchar en la sala del Concilio de la Ciudad en 291 N. Main Street, Porterville, California, y se trasmitirá en vivo en YouTube en
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA.
El propósito de este aviso es para brindar a todas las partes, la oportunidad de ser escuchadas y presentar sus puntos de vista con respecto a este informe. Todas y cada una de las personas interesadas en este asunto pueden dar comentarios; en especial a las personas de ingresos bajos y moderados, las personas discapacitadas y las personas mayores, los miembros de grupos minoritarios y las personas que residen en áreas elegibles para uso de fondos CDBG.
Para obtener más información sobre el CAPER o para presentar un comentario oral sobre el CAPER, comuníquese con Jason Ridenour al (559) 782-7460.
FECHA: 19 de agosto de 2022
Jason Ridenour, Director del Departamento de Desarrollo Comunitario 1 CITY OF PORTERVILLE
CONSOLIDATED ANNUAL PERFORMANCE
EVALUATION REPORT
(CAPER)
FISCAL YEAR 2021-2022
15-DAY PUBLIC REVIEW
AUGUST 19, 2022 – SEPTEMBER 6, 2022
DRAFT
Jason Ridenour
Community Development Director
291 N. Main Street
Porterville, CA 93257
559-782-7460
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 2 CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
This section addresses activities undertaken during the program year to address pertinent Consolidated Plan and FY 2021/22 Action Plan objectives and areas of high priority.
To meet the City of Porterville’s goals and objectives for FY 2021/22, funds were primarily administered to the following activities: First Time Low Income Homebuyer Program (FTHB), Homebuyer Education, Owner Occupied Rehabilitation Loan, Continuum of Care LINC Services, Case Management for Permanent Supportive Housing for the chronically homeless, debt service on the Section 108 loan, Parks Improvement Program, and Covid Business Assistance.
These accomplishments promoted and sustained public services, existing housing, and job opportunities for Porterville residents and employers. Programs designed to address and fund the needs identified as “High” in the Priority Needs Table are the City’s number one objective.
In keeping with this focus, the following objectives identified in the Consolidated Plan and FY 2021/22 Action Plan (AP) were addressed:
Objective 1: Assist in the creation and preservation of affordable housing opportunities. Objective 2: Support activities to prevent and end homelessness. Objective 3: Support activities that strengthen neighborhoods. Objective 4: Expand economic development and employment opportunity programs.
Due to a delay with the sale of the Heritage Center, the City of Porterville amended its 2021 Action Plan to reprogram funds to cover the costs of items that were to be paid with the proceeds, to reallocate funding for programs and projects that did not take place due to ongoing pandemic related delays, and to remain in compliance with expenditure deadlines. The amendment consisted of: the addition of activities for repayment/early repayment of the Section 108 loan; reallocation of 2016 funds from the Small business assistance program and the Large Business assistance program to the Section 108 loan repayment and the Parks Improvement program respectively; and reprogramming of 2020 funds back to the Large business assistance program for a total of $605,267.22 in reprogrammed funds.
The Table 1 - Accomplishments – Program Year & Strategic Plan to Date represents 5-year goals for FY 2020-2024. This is the second year of accomplishments reported or 40% of the goals. See Table 1a for actual program stats, as the system generated table does not capture all the accomplishments accurately.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 3 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source / Amount/
CDBG
Indicator Unit of
Measure
Expected Strategic Plan
Actual Strategic Plan
Percent Complete
Expected – Program Year
Actual – Program Year
Percent Complete
Affordable Housing
Affordable Housing CDBG: $1,805 Public service activities other than LMI Housing Benefit
PA 300 144 48.00% 60 76 126.67%
Affordable Housing
Affordable Housing CDBG: $0 Homeowner Housing Added HHU 2 0 0.00% 0 0 0.00% Affordable Housing
Affordable Housing CDBG: $224,005 Homeowner Housing Rehabilitated HHU 5 2 40.00% 4 0 0.00% Affordable Housing
Affordable Housing CDBG: $87,000 Direct Financial Assistance to Homebuyers
HA 5 4 80.00% 1 1 100.00%
Affordable Housing
Affordable Housing CDBG: $15,000 Public service activities other than LMI Housing Benefit
PA 0 0 0.00% 30 1 3.33%
Economic Development
Non-Housing Community Development
CDBG: $170,875 Businesses Assisted B 20 1 5.00% 5 1 20.00% Homelessness Homeless CDBG: $5,000 Public service activities other than LMI Housing Benefit
PA 750 281 37.46% 150 281 187.00%
Homelessness Homeless CDBG: $15,000 Public service activities for LMI Housing Benefit
HA 5 13 260.00% 2 6 300.00%
Strengthening Neighborhoods
Non-Homeless Special Needs Non-Housing Community Development CDBG: $150,000 Other O 1 0 0.00% 1 0 0.00%
Strengthening Neighborhoods
Non-Homeless Special Needs Non-Housing Community Development CDBG: $137,166 Public Facility or Infrastructure
Activities other than LMI Housing Benefit
PA 167815 15415 9.19% 167815 15415 9.19%
Strengthening Neighborhoods
Non-Homeless Special Needs Non-Housing Community Development CDBG: $0 Public service activities other than
LMI Housing Benefit
PA 500 0 0.00% 100 0 0.00%
Economic Development
Non-Housing Community Development
CDBG-CV: $882,536 Businesses Assisted B 0 0 0.00% 0 3 300.00% UNIT OF MEASURE: PA=Persons Assisted, HA= Households Assisted, HHU=Household Unit, B=Business, J=Jobs, B=Beds, O=Other. LMI=Low/Moderate Income Table 1 - Accomplishments – Program Year & Strategic Plan to Date City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 4 Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The City remains committed to providing a full range of housing opportunities throughout the community.
It’s the City’s intent to assist in the development of housing opportunities within the City and, as such, the City will engage in programs that further improve the supply of lower income housing. Below are the programmed activities for FY 2021and accomplishments associated with each activity.
First Time Homebuyer Loan Program: The AP set a goal that at least one low-to-moderate income household would receive assistance. This goal was attained by assisting one (1) low-to-moderate income households with CDBG funds and one (1) with HOME and CalHome funds.
Owner Occupied Rehabilitation Loan Programs: A goal of four (4) low-to-moderate income households was established by the AP. There were no rehabilitation loans funded in Program Year 2021, as the ongoing pandemic has made families uncomfortable with allowing access to their home. There are two (2) applications for an exterior ADA ramp have been submitted and are in review for eligibility.
Homebuyer Education: The City made every effort to meet the goal of assisting 60 low-to–moderate income persons by continuing to offer Virtual Homebuyer Education classes and exceeded the program year goal by assisting 76 persons.
Case Management for Permanent Supportive Housing: The City collaborates with several local operators of facilities that meet the emergency and transitional housing needs of the homeless and those threatened with homelessness. It allocates CDBG funds for case manager salaries for the Permanent Supportive Housing (PSH) Program administered by Family Services of Tulare County, which provides the following services: referrals to counseling and dentist, life skills training, transportation, home visits/case management and delivery of food and hygiene products. Six (6) individuals received new or continued access to these services, five (5) of whom have been housed while enrolled in the program. One is in a referral status and currently looking for housing, but receives case management services. The goal of two persons assisted was met.
Parks Improvement Program: The Parks & Leisure Services Department worked diligently to bring new amenities to the parks. Accomplishments included the addition of new playground equipment at Zalud and Murry Parks as well as the addition of wood chips.
Business Assistance Program: There was still interest in funds available to local businesses to prevent, prepare for, and respond to COVID-19, and as such the BAP accomplishments for 21/22 include two (2) CV loans and one (1) small business loan. In addition to the $882,536 in CARES Act funds received, an additional $183,702 in CDBG revolving loan funds were available to help businesses comply with state mandates and create employment opportunities. Additionally, one (1) Non-profit grant in the amount of $175,000 was funded in 2021. A total of four (4) businesses were assisted in PY2021.
Fair Housing: The City successfully issued a Joint RFP with the City of Hanford to Community Services & Employment Training Inc. (CSET) for the provision of Fair Housing education services. The RFP was awarded in June therefore no expenditures were drawn down, nor entered in IDIS, however CSET did begin its work in providing Fair Housing information to the public and they will be reflected in the narrative section of the activity. CSET began its efforts, which focused on program setup and implementation, and marketing of the program via social media and community partner agencies. A community presentation and one-to-one session were held, with a total of 7 community partners and 1 community member served.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 5 A map is included to show where CDBG assisted units are in the City City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 6 City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 7 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG
White 233
Black or African American 11
Asian 13
American Indian or American Native 41
Native Hawaiian or Other Pacific Islander 0
Total 298
Hispanic 223
Not Hispanic 144
Table 1 – Table of assistance to racial and ethnic populations by source of funds Narrative
Some of the CDBG funded programs are not captured by the table auto generated by IDIS (above), therefore Table 2a has been provided to include those programs. Additionally, Table 2a accounts for those who provide a race of “Other” also excluded from the data provided in Table 2.
Table 2a - Table of assistance to racial and ethnic
populations by source of funds
CDBG TOTALS
White 233
Black or African American 11
Asian 13
American Indian or American Native 41
Native Hawaiian or Other Pacific Islander 0
Other 69
Total Households 367
Hispanic 223
Not Hispanic 144
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 8 CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,359,523 1,019,285.65
Table 2 - Resources Made Available
Narrative
This total will be finalized after the City of Porterville finance department completes the closing out of the FY 2021/22. This total is as of June 30, 2022, based on a preliminary report of expenditures. Please see PR-26 and Explanation of Adjustments (Attachment 3). Additionally, $260,000 in CDBG-CV funds were expended during the program year as reflected in the PR-26 CDBG-CV Financial Summary (Attachment 3) and Table 3a as IDIS does not have the functionality to add a second line for CV funds as they are attached to PY 2019/20.
The auto-generated table by IDIS does not reflect actual amounts. Therefore, actual balances have been included, per available resources at the beginning of FY 2021/22. Every effort was made to use any available Program Income first, then any prior CDBG entitlement and finally the current entitlement. Some Activities only use Program Income, Prior Entitlement or Current Entitlement; therefore, all account resources have expenditures.
Table 3a - Resources Made Available
Source of Funds Source
Resources Made
Available
Amount Expended
During Program Year
CDBG public-federal $1,359,523 $1,019,285.65
CDBG-CV public-federal $358,438 $260,000
Identify the geographic distribution and location of investments Target Area Planned
Percentage of
Allocation
Actual Percentage
of Allocation
Narrative Description
Citywide 100 100
All programs are within the City
Limits of Porterville
Table 3 – Identify the geographic distribution and location of investments Narrative
The target area for all goals is Citywide. All assistance was provided to households within the city limits of Porterville, including annexed Tulare County unincorporated areas.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 9 Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Private resources used in conjunction with Federal resources consist of first mortgages issued to qualifying first time homebuyers from lenders participating in the City’s First Time Homebuyer Program. The City also continues leveraging its First Time Homebuyer Program, the Owner Occupied Housing Rehabilitation Program, and other housing programs with Revolving Loan Program Income Funds derived from the repayment of CDBG, and State grants such as HOME and CalHome loans. Matching requirements were satisfied through the individual program guidelines. For the First-Time Homebuyer Program, lenders are requested to provide a higher percentage of the sales price than what the City provides. This provision also promotes affordable housing because in most cases, it excludes the additional cost of primary mortgage insurance (PMI) when they are eligible for Conventional Financing if at least 20% is given as a down payment. One of the exceptions to the PMI cost avoidance is the use of FHA financing which is allowed with the program and requires PMI.
Homebuyer Education is a public service being provided at City Hall and is a CDBG funded activity, but not in its entirety, as doing so would result in the City exceeding its public service cap. Therefore, the program is subsidized through the General Fund, HOME Administration funds and a partnership for inkind staff time with CSET who provides an instructor to administer the classes.
With General Fund, improvements have been made to public parks including the installation of two Cornhole sets, a mini picnic shelter, a covered swinging bench and playground wood fiber. Additionally, staff has secured park related grants which will enhance existing park areas and provide a new community park.
Matching funds associated with the Business Assistance Program are those funds necessary to complete the project and accommodate the business.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 10 CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Homeless 2 6
Non-Homeless 5 1
Special-Needs 0 0
Total 7 7
Table 4 – Number of Households
One-Year Goal Actual
Rental Assistance 2 6
The Production of New Units 0 0
Rehab of Existing Units 4 0
Acquisition of Existing Units 1 1
Total 7 7
Table 5 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
In FY 21-22, the City of Porterville made every effort to meet or exceed the goals. The following are programs with unmet goals that contribute to the City’s efforts in providing affordable housing for its residents.
Owner Occupied Housing Rehabilitation Loan Program: In past years, the number of units supported through Rehab of existing units has been exceeded, however fell short in 21-22 as only one (1) application was received and did not qualify for assistance. Increased marketing efforts have been successful in bringing awareness to the City’s housing programs, which was demonstrated by the twenty three (23) inquiries received about this program throughout the program year. In an effort to increase the number of applications submitted, staff will continue to log all inquiries and will maintain contact with individuals to ensure this goal is met in subsequent years.
Fair Housing Education Services: On January 18, 2022, the City Council authorized staff to distribute a joint Request for Proposals (RFP) with the City of Hanford for Fair Housing education services.
Community Services Employment Training (CSET) was awarded the contract to provide culturally appropriate outreach and fair housing education opportunities for families and individuals within the City of Porterville and provide landlords and property managers with education in fair housing law and practice to reduce the incidence of housing discrimination. In June of 2022, CSET began its efforts, which focused on program setup and implementation, and marketing of the program via social media and community partner agencies. A community presentation and one-to-one session were held, with a total of 7 community partners and 1 community member served. While the goal of 30 individuals assisted was not met due to the program starting in June, increased numbers are anticipated in PY2022.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 11 Youth Center (YC): Due to state mandated school closures and in an effort to protect public health and slow the rate of transmission of COVID-19, the Youth Center has been closed since March of 2020. Funds in the amount of $100,000 were reprogrammed to the Section 108 Early Repayment activity through the amendment process approved on April 19, 2022.
Curb, Gutter and Sidewalk Improvement Program: A project has been identified, the Environmental Review Record (ERR) completed, and design is currently underway; however, the project will not begin construction until next program year. As a result, funds in the amount of $130,000 were reprogrammed to the Section 108 Early Repayment activity through the amendment process approved on April 19, 2022.
Multi-Sport Field Improvement Project: This project consists of improvements to 11.6 acres of undeveloped property to the north of the Heritage Center for the use of recreational activity and park space.
The sale of the Heritage Center and subsequent repayment of the Section 108 Loan that was expected to generate approximately $900,000 in CDBG Program Income (PI) to fund this project is still underway.
Funds in the amount of $290,624.25 were reprogrammed to the Section 108 Repayment activity through the amendment process approved on April 19, 2022. Consultants are currently working on the ERR.
Discuss how these outcomes will impact future annual action plans.
These outcomes demonstrate that while not all goals were met, there is still a need for affordable housing and the city would like to continue funding such programs. Additionally, the City’s efforts to address “worst-case” housing needs and the needs of persons with disabilities included:
a. Since 2006, the City continues to promote annually the Voluntary Income Tax Assistance Program (VITA) in Porterville. VITA is a national program providing free assistance to low income, elderly, limited English proficient and/or disabled individuals who require assistance in preparing their tax returns and cannot afford the services of a paid professional tax preparer. This program aids in ensuring that these families do not have to use their limited resources on this service and are able to obtain their tax refunds.
b. Offering the Owner Occupied Housing Rehabilitation Loan program to help families bring their homes up to City Code and address Health and Safety hazards. c. Collaboration with the Housing Authority of Tulare County (HATC), who provides ongoing maintenance and upkeep of publicly assisted housing units in Porterville. HATC serves as the housing provider for worst-case needs and LMI renter households that pay more than half their income for rent. HATC also assists persons with disabilities and retrofits existing units to accommodate them.
d. The City is on the Homeless Taskforce, which is a County Wide effort to identify gaps in services to help individuals and families experiencing homelessness overcome that situation or avoid it altogether.
e. Continuum of Care’s LINC activities resumed in June 2021, the program year goal of 150 people served was met. There were 281 people served.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 12 f. It was previously reported that the City partnered with Turning Point of Central California, which operates a 30-bed Low Barrier Navigation Center for people experiencing homelessness. The Navigation Center has served as the location for the provision of LINC services since it resumed in June of 2021.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 1 1
Total 1 1
Table 6 – Number of Households Served
Narrative Information
Table 7 includes First Time Homebuyer Loan Program and Owner Occupied Rehabilitation Program beneficiary data.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 13 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Porterville actively participates in searching for solutions to reduce and end homelessness through partnering with non-profit organizations and agencies, as well as seeking out grant funds to support programs aimed at reducing homelessness.
A total of $20,000 of CDBG Funding is allocated annually to the programs that address homelessness. The Kings/Tulare Homeless Alliance (KTHA) receives $5,000 annually to assist in resource fairs that link the individuals with services. The City also partners with Family Services of Tulare County with funds to help cover a case manager’s salary for 5 PSH beds in Porterville. The Tulare Housing First Permanent Supportive Housing Project (formerly known as Shelter plus Care) for the homeless received the remaining $15,000.
KTHA which serves as the local continuum of care, coordinates efforts amongst service providers, faithbased partners, governmental agencies and other key stakeholders. The City actively participates in the monthly meetings hosted by KTHA, such as the Community/Stakeholder meeting and Executive Meetings.
KTHA also hosts other monthly meetings such as the Case Management Roundtable.
Point In Time (PIT) - KTHA gathers data for the PIT census. The one-day survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Porterville who meet HUD’s definition of homelessness. Information gathered through the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless. The 2021 PIT survey count published in June 2021 indicates 922 sheltered and unsheltered individuals were counted in Tulare County, of which 182 are unsheltered in Porterville and 30 are either in Emergency or Transitional Housing.
The Kings View PATH team and KTHA Housing Navigators conduct ongoing outreach to connect people who are least likely to access resources. In PY 2021, approximately 106 people experiencing homelessness were assessed for housing through street outreach efforts. Of the 106 people assessed, 13 people were referred for housing and 11 people were assisted with permanent housing.
Last fiscal year a street outreach team was started by Central California Family Crisis Center, called Homeless Outreach Program (HOP). A HOP team goes to the river bank where most of the homeless in Porterville reside and provides food, hygiene kits, and other needed items such as sleeping bags, and provides information on available resources to assist them in securing permanent housing. The team goes out 6-8 times per year and it’s estimated that they make contact with about 30 individuals on each outing.
Most recently, the City Council approved an allocation to the Porterville Police Department, to hire a social worker to work alongside a police officer to perform outreach to unsheltered individuals in the city. The program has started with great success. In the program’s first month of operation four individuals were housed and many others provided with services or information to services. The officer performs outreach several days per week and coordinate with local agencies who provide services.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 14 The City encourages homeless service providers to participate in the Coordinated Entry System (CES).This system utilizes the Vulnerability Index Service Prioritization Decision Assistance Tool (VI-SPDAT) to help prioritize assistance for those who have been homeless for long periods of time and have high service needs.
It also helps individuals by eliminating the need to submit multiple applications to multiple agencies. The CES, operated by KTHA, includes virtually all homeless service providers within the City of Porterville.
In addition to the Every Door Open approach, people experiencing homelessness can have an assessment completed by contacting 2-1-1.
Addressing the emergency shelter and transitional housing needs of homeless persons The programs listed in Table 8 provide emergency shelter and transitional housing for people experiencing homelessness within the City of Porterville.
The Housing and Disability Advocacy Program is designed to assist people who are experiencing homelessness and have a disabling condition apply for disability benefits while also offering housing support. HDAP prioritizes individuals and families who are experiencing chronic homelessness or homeless and rely most heavily on government-funded services. Once approved for SSI, the individual is transitioned into permanent housing and out of the HDAP program. During FY 21/22, a total of 121 individuals received disability assistance and 22 clients/families were assisted with housing supports in addition to disability benefits within Tulare County.
The City agreed and partnered with Turning Point of Central California Inc. (TPOCC) to provide a $50,000 cash match to support the operation of a Navigation Center in Porterville. The site of the center was purchased by the City from the Porterville Unified School District and leased to TPOCC for $1/year. The Porterville Welcome Center (PWC) consists of 15 emergency shelter beds and 15 bridge housing beds that serve adults experiencing homelessness along with their partners and pets. During the FY 21/22, the program assisted 100 clients with shelter and an unduplicated count of 2,131 with other services and meals.
Three of the shelter beds are dedicated for transitional age youth, ages 18-24 who are experiencing homelessness, with access to bridge housing beds. In 21/22 there were 4 youth served. The program was able to house 7 clients into permanent housing, some using EHV vouchers. Program guests are provided space for storage of their possessions, allowed one dog on site, and offered services that are voluntary and include case management, housing locations, meals, life skills training, laundry, and linkages to community resources. Bridge housing beds are referred exclusively by the Coordinated Entry System. Emergency shelter beds can be self-referred by someone experiencing homelessness, through CES, or by another service provider.
The City also partners with KTHA by continuing to be part of the Porterville Local Initiative Navigation Center (LINC) committee, which began in June 2021. LINC serves as a mini-resource fair and is held twice a month at the PWC. The committee will support the PWC and KTHA to facilitate connections to the services needing to be made available, volunteer at events, fundraise and provide ongoing planning and coordination of services that LINC may be missing. The intention of LINC is to connect persons experiencing homelessness with critical services, such as housing assistance, legal services, social services and access to mainstream benefits, and provide consumables and supplies. Due to COVID-19 restrictions, only some of the services listed have been provided, which are: connection to mainstream benefits through an HHSA eligibility worker, a drug and alcohol counselor, a social worker, notary services and haircuts.
KTHA partnered with Kaweah Delta Healthcare District, Tulare County Health and Human Services Agency, and Kings View PATH program to establish a Street Medicine program. This program was City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 15 designed to connect people who are experiencing homelessness to COVID-19 testing and vaccines, medical services, including prescription medication and wound care, housing support, and other wrap-around services. Street Medicine events happened 10 times in Tulare County since July 2021, with 1 vaccination event happening in Porterville.
Table 8 – Emergency Shelter and Transitional Housing Programs in Porterville Program
Type Organization Name Program Name YearRound Beds
ES Central CA Family Crisis Center CCFCC Women’s Shelter 18 ES Central CA Family Crisis Center Porterville Women’s Shelter - DV 20 ES San Joaquin Valley Veterans Emergency Housing Assistance (EHA) 16 ES Tulare County HHSA Porterville Project Room Key 17
ES Turning Point of Central
California Porterville Welcome Center 30
TH Uplift Family Services Crossroads T.A.Y. Housing, Porterville 10 TH Central CA Family Crisis Center Women’s Transitional Housing Program 10 ES=Emergency Shelter TH=Transitional Housing
Helping low-income individuals and families avoid becoming homeless, especially extremely lowincome individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
Several community partners offer local residents services which are designed to help with housing retention.
Community residents can access up-to-date prevention resources by calling the local 2-1-1 line. Call center operators through 2-1-1 are able to pre-screen clients for eligibility and provide up-to-date information on program availability.
CalWorks eligible families are able to access housing assistance through the Housing Support Program and Bringing Families Home programs. These programs can assist with short term rental assistance and utility deposits for households faced with eviction. In FY 2021 Tulare County HHSA received 113 applications for HA in the Porterville office and 93 were granted. These totaled $153,773.50 in assistance to families in the Porterville area to help them stabilize their housing situation.
Through a partnership between Tulare County HHSA and Uplift Families, there are 10 transitional housing beds available for youth exiting foster care. The program offers housing along with intensive wrap around services to assist participants in becoming self-sufficient.
The Alliance has an SSI/SSDI Advocacy, Outreach and Access (SOAR) program within the region. This national project is designed to increase access to the disability income benefit programs administered by the Social Security Administration (SSA) for eligible adults who are homeless or at risk of homelessness and have a mental illness and/or a co-occurring substance use disorder. Assisting clients through SOAR results in expeditious benefit awards and additional funding for communities through Medicaid reimbursements. Access to these benefits greatly increases housing stability and retention rates among City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 16 recipients. Tulare County HHSA has a dedicated SSI/SSDI Advocacy unit which served 417 households/individuals in FY 2021.
These linkages have increased the community’s efforts to avoid discharge into homelessness as well as serve the existing homeless population.
In addition to the CDBG funding in support of PSH, the City has partnered with Turning Point of Central California (TPOCC) by providing a $15,000 cash match to fund supportive service costs associated with operating their 12 unit PSH project, Casa de Robles 3, in Porterville. This project provides housing to chronically homeless individuals. TPOCC provides supportive services that will allow participants to obtain and maintain permanent housing. During their time in the project, participants will meet with their case manager to develop an Individual Service Plan designed to address barriers related to obtaining and maintaining stable housing.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
KTHA continues to utilize the Landlord Mitigation Fund to increase the inventory of landlords and property managers willing to lease units to people experiencing homelessness. The fund is designed to incentivize Landlords to relax screening criteria for people who are experiencing homelessness and who may have barriers that prevent them from securing housing on their own, such as poor credit and past evictions. By offering a Fund to mitigate Landlord exposure to the increased costs of renting to people experiencing homelessness including excess damage and unpaid rent, a strong relationship can be created with Landlords who otherwise may not lease to individuals and families experiencing homelessness.
The Coordinated Entry System continues to focus efforts on working with the top 5 households of each intervention type on the Housing Priority List to get them document ready. This focus has reduced the amount of time that people spend on the streets waiting to be placed once a unit becomes available.
The City as a CDBG entitlement jurisdiction, is an eligible recipient of Permanent Local Housing Allocation (PLHA) funds, established by the Building Homes and Jobs Act (SB 2, 2017), and has been awarded $875,499 for Year 1 and year 2. The City Council adopted a 5 year plan for the use of those funds and will be using them for “Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing,” which is one of the eligible options for this funding. RFP’s were issued for both funding years and both have been awarded to two local non-profit homeless service providers across 5 different programs.
The City holds a representative seat on the Tulare County Task Force on Homelessness, which advises and assists the Tulare County Health & Human Services Agency in the Agency's efforts to address homelessness issues affecting the community. The taskforce meets monthly to identify, develop, and implement innovative strategies, leading to an increase in service-delivery efficiency and an overall reduction of City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 17 homelessness in Tulare County. The City assisted in the plan development of the Pathway Home Task Force Homeless Plan, which is a county-wide plan that established a set of goals tailored for Tulare County and provides a roadmap of how to address homelessness, based on local needs, strategies and tactics that work. Most recently a contributed to the development of the Tulare County Homeless Action Plan which was approved by the Tulare County Board of Supervisors on June 14, 2022 and subsequently submitted to the State which will help with qualifying with additional funding sources that address homelessness like the Homeless Housing, Assistance and Prevention (HHAP) Grant.
The City is aware of and in support of other agencies that also contribute to addressing and ending homelessness in Porterville. The City reaches out to those agencies when developing programs or applying for funding that can be used to address homelessness to address priority needs and gaps in services. Some examples of the agencies are, Emergency Shelter and Transitional Housing, Exit from Foster Care, Housing Retention, CalWorks, SSI/SSDI Advocacy.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 18 CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City does not use funds from the Community Development Block Grant allocation to assist the Public Housing Agency. However, the Tulare County Housing Authority is an active PHA and referrals are made to the agency when needed and open communication exists about new programs that become available.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The City has looked at ways to improve participation in the Homebuyer Education courses. Changes to the program include increased outreach, partnership with a HUD Approved Counselor from a local non-profit, use of social media, offering a one-day weekend class, providing virtual classes to 76 households (105 individuals), and distribution of a textbook for class participants to take notes and keep as a resource.
Flyers and informational materials are provided to Porterville Unified and Burton School Districts to share on their respective social media accounts. Porterville School District has over 10,000 followers and Burton District has 2,900. Burton School District also helps promote the programs by sharing the information through the district's app which reaches 6,780 individuals (parents and staff). Additionally, program flyers were provided to local resource centers for low-income families that serve approximately 50 individuals daily.
Every month, promotion of the program and virtual class announcements are placed on a digital marquee, located near the city's largest shopping center which has a daily traffic count of approximately 16,150 individuals per day.
Social media was used to promote the Homebuyer Education twice monthly and to provide frequent homebuyer resource tool-kit posts on useful home ownership information via multi-departmental Facebook and Instagram accounts with the following reach: Parks Department (6,600 followers), Public Library (5,442 followers) and Police Department (25,000 followers).
Class registration social media posts by the Housing Department alone reached a total of 7,459 individuals; FTHB program posts reached 207 individuals; lender workshop posts reached 137 individuals; homeowner toolkit with resources reached 4,926 individuals; and rehab program social media posts reached 468 individuals.
Flyers for all programs were shared by the local Chamber of Commerce to be included in their E-newsletter which serves over 900 individuals and were shared with 1,954 individuals at in person events that include the local fair, resource, and job and literacy fairs. FTHB program flyers were made available to the Housing Authority to share with their existing clients.
Virtual training was made available for current lenders and 20 participated in the workshop. Lenders received updated flyers via email when HUD provided new income guidelines and max purchase price updates. These flyers were also placed at the front counter along with the most current lender list.
Staff has also made efforts to give presentations to local organizations serving low-income families and the real estate community and provided information about the programs in an effort to obtain referrals.
Actions taken to provide assistance to troubled PHAs
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 19 Tulare County’s Housing Authority is not a troubled PHA.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 20 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i)
This section summarizes other actions contained in the Consolidated Plan and Action Plan. These actions specifically address obstacles to meet underserved needs, foster and maintain affordable housing, eliminate barriers to affordable housing, overcome gaps in institutional structures and enhance coordination, improve public housing and resident initiatives, evaluate and reduce lead based paint hazards, ensure compliance with program and comprehensive planning requirements, and reduce the number of persons living below the poverty level. In Fiscal Years 2015 and 2016, several annexations took place throughout the City. At its meeting on October 15, 2019, the Porterville City Council approved proceeding with the issuance and sale of revenue bonds to facilitate the extension of sewer main infrastructure to serve annexed areas that are lacking infrastructure. The sewer lines that were approved for extension are currently under construction with an estimated completion date of December 2022.
As stated earlier in this report, the City of Porterville fosters and strives to maintain affordable housing and eliminate barriers to affordable housing through its various programs and policies. Governmental constraints to the production of housing are minimal in Porterville. The City’s land use regulations, expedited permit processing, and low development fees serve to encourage the construction of low-cost dwelling units. The City conducts a self-evaluation to evaluate its zoning ordinance and general plan policies to ensure no undue hardship is created in the development of low to moderate-income housing.
The City has contracted with a consultant to update the Development Ordinance and remove any barriers to low-income housing using REAP 1.0 funding.
As indicated in the City’s Consolidated Plan, a considerable number of affordable housing units exist in Porterville. City ordinances and policies are relatively liberal regarding provision of affordable housing.
Land, labor, construction, and material costs are relatively low when compared to most other areas in the state. The City has ample land currently zoned to meet low to moderate income, new, single family and multi-family housing needs for a 20-year period as indicated in the 2015-2024 adopted Housing Element of the General Plan that was certified by the State. The City has rezoned more acreage to higher densities to provide even more opportunities for affordable housing development.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City addressed the issue of affordable housing being accessible in almost every area of the community with the establishment and timely expansion of its Fixed Route public transportation system. Since FY 19/20, four of the City’s fixed routes were modified to increase ridership potential and service areas of the City previously without fixed route service. Starting in April of 2020, transPORT, a micro transit service, started operation providing an additional and expanded mode of service to the community. This service replicates other on-demand private rideshare services at a more affordable rate.
During FY 21/22, Porterville Transit continued to operate a reduced service due to the COVID-19 pandemic. Routes 7 and 8 were eliminated due to low productivity and supplemented with transPORT service, and Route 9 was suspended at the request of the Tule River Tribe of California. To help recovery ridership Porterville Transit has offered free fares on both fixed routes and complementary paratransit starting July 2021. Annual statistics for the services include the following: Fixed Route provided 223,744 City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 21 passenger trips; Complementary Paratransit (Dial-A-Ride) provided 5,387 passengers trips, seniors and ADA-certified riders; and On-Demand (transPORT) provided 31,578 passenger trips.
The current transit fleet consists of 10 battery-electric transit buses, 12 battery-electric vans, 14 CNG (Compressed Natural Gas) transit buses, 3 CNG cutaway buses, and 9 gasoline minivans, making the transit fleet compliant with the California Air Resources Board (CARB) regulations.
Using funds from the SB2 Local Planning Grant program, the City has hired a consultant to prepare preapproved construction-ready plans for both Accessory Dwelling Units and multi-family residential units.
Staff has instructed the consultant to prepare three (3) plan sets for ADUs ranging from studio (525 sf) to two-bedroom units (806 sf). The multi-family residential plans will range from duplex to four-plex designs with a variety of unit types, from studio style (420 sf) to three-bedroom units (1357 sf). Overall, the City will receive eleven (11) plan sets for public use. Staff expects to receive the plans by the end of the year, with public launch to follow soon after. The City has partnered with Self-Help Enterprises (SHE) to offer applicants private financing for ADUs through SHE's loan program.
Staff continues to monitor all of the City/Agency assisted affordable housing projects to ensure that they are meeting the conditions of the regulatory agreements. The monitoring has now been the responsibility of the Porterville Housing Authority. The City continues to keep an open communication with several affordable housing developers to encourage this type of development.
As mentioned in previous CAPERs, a developer has secured a site and full construction funding, including state funding from the No Place Like Home program to build permanent housing for low-income families and housing for those experiencing homelessness. They continue to move forward with the proposed 80 new units, with onsite wraparound services and case management to help the residents with other needs they may have. The City is in support of the project and in communication with them on their progress. The project is currently under construction and on schedule to be completed by December of 2022.
These efforts, in conjunction with the City’s first time homebuyer programs and other housing programs, have made progress toward the goal of eliminating barriers to affordable housing.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Tulare County Health Department conducts follow-up investigations on documented incidents of childhood lead poisoning and implemented eradication action as required by law. Porterville does not directly undertake lead-based paint eradication unless such action is required in conjunction with CDBG/HOME/CalHome funded, owner-occupied housing rehabilitation projects. There were no rehabilitation loans funded in 2021-22. City staff provides brochures and informational leaflets on leadbased paint hazards to first-time homebuyers as part of the homebuyer education curriculum, and at the counter for the public.
Since 2005, the City’s Owner Occupied Housing Rehabilitation Loan Program Guidelines requires that homes built before 1978 be eligible for funding assistance by complying with all the federal lead-based paint regulations including conducting on site lead-based paint assessments and pursuing mitigation where necessary. As part of this program, up to $10,000 of the $40,000 in assistance can be allocated to lead testing and abatement as a grant.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 22 Porterville pursues a very aggressive Economic Development Program on an ongoing basis. These efforts reduce poverty by creating jobs specifically targeted to benefit low-income individuals and can be seen through the CDBG funded Business Assistance Loan Program, which provides financial assistance to property owners, or long-term tenants, to improve their properties. Assistance is targeted toward improving commercial and industrial districts where it’s apparent that the potential for decline of the general condition of the building stock may occur now or in the future. An amortized loan facilitates the improvement of the structures. The highest priority is given to buildings that do not meet basic City building standards, and those buildings functionally obsolete and requiring rehabilitation to remain financially viable. Eligible applicants include owner, developer, or lessee of any commercial, commercial/residential, industrial, and professional office structures, including nonprofit agencies and for-profit businesses.
Priority for funding is given to an applicant that is an owner of, or in the process of purchasing, the property or evidence of a signed long-term lease. Priority is also assigned on the ability to generate direct employment opportunities for low/moderate income persons according to a minimum ratio of one full-time equivalent job per $35,000 of CDBG assistance. During FY 2021/22, Porterville funded one small business loan through the regular RLF program; additionally, the CDBG-CV Economic Development programs issued 2 forgivable business loans and 1 non-profit grant, which was technically awarded in 2020, but reimbursement requests were received in 2021 and are therefore being reported as accomplishments in this CAPER.
A total of 2 of the City’s low income households benefited from the purchase of a home under the City’s First-Time Homebuyer programs, one with CDBG funds, and one with HOME and/or CalHome funds.
In FY 2021/2022, the City continued to promote the Voluntary Income Tax Assistance Program (VITA) that has been active in Porterville since 2006. VITA is promoted at the First Time Homebuyer Workshops every month, a flyer is posted in City Hall and one is mailed to current families who have a loan with the City for one of the CDBG, HOME or CalHome programs in January of each year.
VITA is a national program providing free assistance to low- and moderate- income, elderly, limited English proficient and disabled individuals who require assistance in preparing their tax returns and cannot afford the services of a paid professional tax preparer. Community Services & Employment Inc. (CSET) provides this program with the assistance of IRS-certified volunteers.
Combined with the Earned Income Tax Credit (EITC) outreach, the services provided by VITA in a lowincome community can have a tremendous impact. In FY 2021/2022, 430 families were assisted in the Porterville location. This totaled $695,249 in income tax refunds for those families, $256,019 of which came from Earned Income Tax Credits.
Due to the lingering effects of the COVID-19 pandemic, in-person tax preparation did not take place.
Instead, they used a drop off method. Clients were able to download the form or go to the Porterville office to pick them up, drop off completed forms with backup documentation, and return to the office to review, sign, and pickup tax documents.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) Each public and private agency has unique capabilities for providing assistance to persons with unmet needs. It is the City’s intent to examine its own capabilities as well as the capabilities of others. This effort serves to identify areas that are lacking service components. If service components are identified and City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 23 lacking, then the City can work with itself or other agencies to develop the capabilities for addressing such areas. This method of networking also establishes and identifies specific service providers. Referrals to other agencies can then be conducted. Referrals may be anonymous and are always confidential.
The City of Porterville works with local for profit and nonprofit organizations as well as the Tulare County Housing Authority and the offices of the County of Tulare. The 211 system developed by United Way of Kings/Tulare County serves to enhance coordination. This Community Resource tool is continually updated. It provides a listing of Homeless Shelters, Senior Housing, Housing for Persons with Disabilities, Housing for Farm Laborers, and many other supportive services.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
Public housing is facilitated by the Housing Authority of the County of Tulare (HATC). The HATC rehabilitates its own units, and has converted units necessary to serve persons with disabilities. As mentioned in other sections of this document, the City does work collaboratively with many agencies as well as assists residents by directing them to appropriate agencies based on their needs and services they require.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Please see Attachment 1 which addresses the adopted Analysis of Impediments to Fair Housing Choice (commonly known as “the AI”), including a summary of impediments identified in the analysis, and actions taken to overcome the effects of impediments identified through the analysis. This is the second year of review utilizing the AI in the adopted 2020 Five Year Consolidated Plan.
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City of Porterville ensures compliance with program requirements of all HUD related activities. In addition, the City ensures self-monitoring of its programs and cooperation for monitoring conducted by HUD personnel. The City has incorporated the necessary framework in order to comply with the Outcome Performance Measurement System required by HUD. This is an organized process for gathering information to determine how well programs and activities are meeting established needs and goals. HUD is then able to report in a standardized fashion on program outcomes at a national level. Additionally, City staff presents to service and business groups throughout the city including minority groups to ensure the programs are made available to all businesses.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
CAPER DEVELOPMENT AND CITIZEN PARTICIPATION PROCESS
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 24 Prior to submitting the CAPER to HUD, a notice soliciting public comment is published in the Porterville Recorder in English and in the Noticiero Semanal in Spanish. Publication of the notice allows for a 15-day comment period plus time to prepare a summary of comments and includes a link to where the document can be reviewed electronically and in hardcopy format. A copy of the Notice of Public Review is posted on the City’s website and available at the City Hall public counter, 291 N Main Street.
Copies of the CAPER are provided for the public’s review at the City Hall Community Development Department’s counter and on the City’s website, www.ci.porterville.ca.us. The Choose Porterville Facebook and Instagram pages are also used to inform the community of the Draft CAPER availability for review. Any person can also contact the City, in order to make other arrangements if they are not able access the CAPER at those locations.
The CAPER requires one hearing before City Council for document approval before submitting to HUD. Community hearings are held in a community space with consideration for the convenience to beneficiaries of the entitlement program resources. Option of virtual meetings in Citizen Participation Plan were updated per COVID Amendments to the 2019 Action Plan.
The City Council public hearing is held at City Hall Council Chambers located at 291 N. Main Street, Porterville, CA 93257. In an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic public participation at this meeting via Zoom link made available on the City’s website at time of agenda publication, and the meeting is also live streamed on the City’s YouTube Channel, www.youtube.com/channel/ UC5KuhSrNMNL9nwHJVtnJvvA.
Public comments may be submitted electronically to [email protected] prior to 5:00 p.m. on the public hearing date. Listening devices, interpretation services, and other assistance to disabled persons or those with limited English proficiency (LEP) are available to be provided upon request, ranging up to fivebusiness days prior notification to the City Clerk. Request for disability-related modifications or accommodations required to facilitate meeting participation, including requests for auxiliary aids, services or interpreters, require different lead times, ranging up to five business days. For this reason, it is important to provide as much advance notice as possible to ensure availability. Assistive Listening Devices (ALDs) are available upon request.
This section will be updated after the 15-day comment period has ended.
There were __ public comments received during the 15-day comment period or Public Hearing. Social media outreach stats include ___ people being reached. Additionally, __ agencies and/or stakeholders were notified of the 15 day comment period and public hearing via email communication. Public Hearing attendance included: __ Zoom, __ virtually via YouTube live stream, and __in-person.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The City continues to review its programs and guidelines. The City strives to be able to assist as many households as possible, so staff is constantly monitoring the market conditions to make changes in the program guidelines as necessary. Additionally, if there is a need that was not previously identified and it comes to the City’s attention, this may also be a reason for needed changes in program objectives. One example is the transition from in person to online classes for the Homebuyer Education Program, in order to adhere to the social distancing mandates caused by the Coronavirus pandemic.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 25 Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 26 Attachment 1
Response to CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a)
While the adopted Analysis of Impediments to Fair Housing Choice (“AI”) identifies a number of potential issues, certain issues are beyond the ability of a local jurisdiction to address, such as those related to lending practices. The following list identifies new and ongoing recommendations identified in the analysis to reduce impediments to fair housing choice, actions taken to address each item during the last program year, and the impacts of those actions. This is the second year of review utilizing the AI in the adopted 2020 Five Year Consolidated Plan.
Expanding Affordable Housing Opportunities
The City’s First Time Homebuyer Assistance Program helps to mitigate one of the single largest barriers to obtaining affordable housing, which is down payment assistance. The program offers gap-financing, down payment assistance and closing costs in the form of a 30-year deferred second mortgage 1% simple interest loan of a max of 35% of the purchase price of the home. Additionally, the Housing Rehabilitation and Public Utilities Program provides 0% interest, 30-year deferred loans to rehabilitate low and moderate income households, which helps to keep the people in their homes by addressing health and safety issues.
ADA Exterior Wheelchair RAMP Accessibility Grant Program helps owner-occupied households who have individuals with disabilities and/or elderly (62 or older) family members, with a grant of up to $10,000 to make their homes easily accessible with the installation of an exterior wheelchair ramp.
During the pandemic, the City developed and administered virtual homebuyer education classes (to accommodate for Covid-19 restrictions), which take place on a Saturday each month, alternating in English and Spanish. Benefits of the transition to virtual classes included flexibility for participants, who could attend from any location and it addressed a previously known barrier to attendance, the need for childcare.
In FY 2021/22, 76 households attended the virtual Homebuyer Education class, which consisted of 105 individuals. Accommodations for participation of LEP and persons with hearing impairments are made available. The City will continue advertising the classes and programs on the City’s website, multidepartmental social medias, via community partners and at community outreach events.
Expanding Access to Information
The City’s new website, which launched in September of 2021, includes links to the same valuable information, but in a more accessible format. Links include: the fair housing service provider, the Fannie Mae Foundation that offers free guides and resources for first time homebuyers in English, Spanish and other languages, California Department of Fair Employment and Housing, California Association of Realtors, the U.S. Department of Housing and Urban Development (HUD), Central California Legal Services Inc. (CCLS), Fair Housing Council of Central California, California Department of Housing and Community Development (HCD), California Housing Finance Agency (CAlHFA), California Tax Credit Allocation Committee (CTCAC), U.S Census Bureau, HUD Foreclosure/Housing Counseling.
Additionally, there are links for the Porterville Housing Authority’s map and data as well as their annual report.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 27
Evaluate Public Policies and Program
The city's Development Ordinance is updated every few years to keep up with the most recent legislature pertaining to housing, with the most recent update to the Development Ordinance becoming effective on July 2, 2020. As previously mentioned, the City has contracted with a consultant to update the Development Ordinance and remove any barriers to low-income housing and become pro-housing friendly using REAP
1.0 funding.
Currently, most residential zones allow for alternative housing types, including mobile homes, second dwelling units, and group homes. As mentioned, the City has hired a consultant to prepare pre-approved construction-ready plans for both Accessory Dwelling Units and multi-family residential units. The City will receive eleven (11) plan sets for public use and has partnered with Self-Help Enterprises to offer applicants private financing for ADUs.
The City has used millions of dollars of Certificates of Participation, bond funds, and other State and Federal grants and loans to provide new wells, major sewer and water trunk connections, expansion of the Wastewater Treatment Facility and street improvements to accommodate residential growth, and ensure maintenance of affordable housing. As was previously mentioned, sewer lines approved for extension are currently under construction.
The City has continued to administer the FTHB program. The award of a new State HOME grant in combination with CDBG PI and HOME PI will help sustain this program over the next year.
The City has continued to pursue affordable housing development. Even though the City does not have many financial resources to directly assist a project, staff is more than willing to promote affordable housing to developers, work with developers to secure any other state, federal, or other funding that might be available for affordable housing projects. An example being the 80 new units of permanent housing for low income families and housing for those experiencing homelessness, which is nearing it’s expected completion date of October 2022. The project experienced a $750,000 funding gap that was due to the shortage of construction supplies experienced nationwide that caused a hike in the prices and left the project with a $750,000 funding gap. The City provided a $250,000 ARPA grant to help with the cost and recommended that the county also provide $500,000 of their ARPA funds for this project.
A second development is a sixty-eight (68) unit apartment complex for low-income families with a community center and garden. It will be generally located at the southwest corner of State Route 65 and W. Pioneer Avenue. The multi-family units will consist of various sizes ranging from 486 square feet to 800 square feet, establishing affordable rental restrictions on sixty-eight (68) units for a period of fifty-five (55) years with one unit being reserved for on-site manager. Construction began in April 2022 and is expected to be completed in the summer of 2023.
In pursuing all of these programs, the City is making more land and housing available for low-income households.
Outreach to Lenders
The City will continue to work with local lenders and government institutions to provide outreach to lower income residents about home purchase loans particularly for first-time homebuyers. The City will City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 28 encourage local lenders to provide information and hold workshops in both English and Spanish. This outreach to lenders results in more low-income persons participating in the Homebuyer Education Program and becoming applicants for funding assistance. The increase in communication makes for smoother processing of the loan applications. Training was provided to all participating Lenders and the goal is to make training available at least once a year for existing and new Lenders.
The City has partnered with a HUD approved housing counseling agency (Community Services Employment Training, Inc.) to provide the homebuyer education; this agreement was entered prior to the new HUD mandate. The foreclosure education and referral process certainly has had a positive impact on helping homeowners that were facing foreclosure with options that could prevent foreclosure and provide the public with important housing information.
Affirmative Outreach to Applicants and Participants
The City will continue to collect the race, ethnicity, national origin, and disability data, as well as gender of head of householders, for applicants, participants and beneficiaries of funded programs to determine if there are any under-represented protected class groups. Staff will analyze the data on an annual basis and adjust outreach strategies as needed. Additionally, the City will continue to conduct outreach at community events and via community partners who serve low- to moderate- income households and LEP clients, providing materials in both English and Spanish.
Fair Housing Services
Porterville cooperates with federal, state, and regional agencies to promote open housing choice and equal housing opportunity. Depending on the nature of the complaints, the City of Porterville currently refers complaints regarding housing discrimination to the Fair Housing Council of Central California, Legal Aid of Central California, California Rural Legal Aid, Fresno County Housing Authority (Fair Housing Unit), and State Department of Fair Employment and Housing. The City has entered into an agreement with CSET for the provision of Fair Housing education for Porterville residents.
In FY 2021/22, the City received zero fair housing complaints; therefore, no referrals were directed to HUD or DFEH.
After a two year absence due to pandemic related restrictions, the City held its annual Housing Fair in April of 2022, which offered housing services in one central location, so that anyone in the community needing information on becoming a homebuyer or the process of home buying could have all the people involved in the process in one location. Additionally, service agencies were available to provide free legal advice on renter and homeowner rights, Housing Counseling, Section 8 program information, Employment Services, Domestic violence and Homeless programs. City inspectors and City Planners were also available to answer questions pertaining to zoning, building code, permits and other questions. Whenever the City has a booth at community events promoting housing programs, fair housing information is provided in both English and Spanish.
The City feels that the above review of the strategies used in overcoming or eliminating the effects of impediments to fair housing choice demonstrates that the City made progress over the year in meeting the strategies developed in the AI.
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 29 Attachment 2 Public Notices
City of Porterville CDBG FY 21-22 Consolidated Annual Performance Evaluation Report 38 Attachment 3 PR-26 & Explanation of Adjustments
(Will be attached to final document)
Item No. 24.
CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Affirming Designation of Rule 20A Program Utility Undergrounding Project SOURCE: City Manager's Office
COMMENT:
Rule 20 is a set of policies and procedures established by the California Public Utilities Commission (CPUC) to regulate the conversion of overhead electric equipment to underground facilities, a process known as "undergrounding," which Rule 20 determines the level of ratepayer funding for different undergrounding arrangements.
Rule 20A projects are paid for by all customers and ratepayers, not just those that live in locations where facilities will be undergrounded. Local governments choose these projects, using a process that includes public participation.
To qualify for full funding through utility rate proceeds, projects must produce a benefit to the general public, not just customers in the affected area, by satisfying one or more of these criteria: 1) the location has an unusually heavy concentration of overhead facilities; 2) the location is heavily traveled; 3) the location qualifies as an arterial or major collector road in a local government's General Plan; and 4) the overhead equipment must be located within or pass through a civic, recreational or scenic area.
Using CPUC formulas, Southern California Edison (SCE) allocates rate funds to communities for undergrounding based on previous allocations, the ratio of customers served by overhead facilities to all customers in the community, and the fraction that customers in the community represent of all SCE customers.
Local governments use these formulas to project allocations, which allows them to prioritize projects and develop project schedules. Due to funds being limited, local governments often must wait and accumulate allocations before starting an undergrounding project.
On June 7, 2021, the CPUC made the determination to eliminate the Rule 20A and prohibit ratepayer funding for new undergrounding projects effective January 1, 2023. In addition, a local government must have an active project by January 1, 2022, to utilize the accumulated allocations. As of July 1, 2021, the City of Porterville had $1,006,531 in accumulated work credit allocations with SCE for an undergrounding project, in addition to $750,000 transferred from the County of Tulare as part of its litigation settlement agreement in April 2014, for a total of $1,756,531 in accumulated work credit allocations.
Item No. 24.
In June 1999, the City Council approved a plan for future undergrounding projects that proposed nine projects to be completed, the first project being the undergrounding of utilities on Morton Avenue between Main Street and Roche Street, and the second being Division Street between Olive Avenue and Putnam Avenue. In May 2008, the Council adopted a Resolution to identify the Division Street undergrounding project as its priority project, with then $145,000 in accumulated work credit allocations. For the succeeding almost fifteen years, the City and SCE has remained in communication about the Division Street project, with both the eligibility and cost of the project being consistent concerns. With the recent CPUC ruling, SCE has estimated the current preliminary cost of the project to be $3,663,050, more than double the City's accumulated allocations, and that Division Street does not meet the eligibility definition due to being designated a local road and not an arterial or collector street.
Due to the City needing to have an active undergrounding project with SCE as of January 1, 2022 in protection of its accumulated allocations, City and SCE staff actively coordinated in the identification of an eligible and cost-efficient project, which has pivoted back to the first project on the City's 1999 plan for Morton Avenue. SCE's current Rough Order of Magnitude (ROM) for the project is $1,600,000, accounting for cost increases expected over the approximate five-year term to design and construct the project.
Other potential projects reviewed with SCE included:
* Henderson Avenue: Fourth Street to Plano Street ($975,000) * Jaye Street: Orange Avenue to Springville Avenue ($1,725,000) * Main Street: State Route 190 to Porterville College ($1,725,000) * Newcomb Street: Olive Avenue to Putnam Avenue ($975,000) At its meeting on December 7, 2021, the Council conducted a Public Hearing and adopted a Resolution to identify Morton Avenue as its project. Subsequent to the Council's action, SCE has requested that the Council consider a modified draft Resolution, affirming Morton Avenue as its identified project.
RECOMMENDATION: That the City Council conduct the Public Hearing to receive public comment and consider the draft Resolution affirming Morton Avenue between Main Street and Roche Street as the City's designated Rule 20A utility undergrounding project.
ATTACHMENTS: 1. Draft Resolution
2. Underground Facilities Exhibit A - Morton Avenue
3. Municipal Code 24A - Underground Facilities
4. Resolution 74-2021 - Morton Avenue Rule 20A
Undergrounding Project
5. Southern California Edison Rough Order of Magnitude:
Morton Avenue Rule 20A Project
Item No. 24.
6. Locator Map - Morton Avenue Rule 20A Underground
Project
7. Southern California Edison Rule 20A General Conditions Policy Document
8. City of Porterville Rule 20A Underground Project Status - July 1, 2021
9. County of Tulare Letter re: Rule 20A Funds SCE Transfer - November 19, 2021
10. City of Porterville Rule 20A Undergrounding Plan - June 1999
Appropriated/Funded:
Review By:
Department Director:
Final Approver: John Lollis, City Manager
RESOLUTION NO. _____-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
ESTABLISHING AN UNDERGROUND UTILITY DISTRICT UNDER CALIFORNIA PUBLIC UTILITIES COMMISSION RULE 20-A AND CHAPTER 24A-4 OF THE
PORTERVILLE MUNICIPAL CODE
WHEREAS, a Public Hearing was called for on Tuesday, December 7, 2021, at the hour of 6:30 p.m. in the Council Chamber of City Hall, Porterville, California, to ascertain whether public necessity, health, safety or welfare requires the removal and underground of poles, overhead wires, and facilities for supplying electric, communication, or associated services, within the area of road right-of-way on Morton Avenue between Main Street and Roche Street, as identified on the map entitled “Proposed Underground Utility District”, attached hereto as Exhibit “A”; WHEREAS, it has been recommended that such an underground utility district, hereafter called “District”, be formed within the area of road right-of-way on Morton Avenue between Main Street and Roche Street, as identified in Exhibit “A”; and WHEREAS, a Public Hearing was duly and regularly held on December 7, 2021, in the Council Chamber of City Hall, Porterville, California, and all persons interested were given an opportunity to be heard.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Porterville:
1. Hereby finds that the public necessity, health, safety, or welfare requires the removal and underground of poles, overhead wires, and facilities for supplying electricity, telephone, cable communication, and associated services within the District.
2. Hereby authorizes Underground Utility District funds to be used as provided under California Public Utilities Commission Rule 20-A.
3. Hereby declares the above-referenced property, as shown on the map entitled “Proposed Underground Utility District” and attached hereto as Exhibit “A”, is designated as an Underground Utility District.
4. Hereby orders that above-referenced utility facilities be removed and installed underground.
5. Hereby orders that each utility which undertakes underground installation of its facilities shall use the underground conversion allocation, computed pursuant to decisions of the Public Utilities Commission of the State of California, for the purpose of providing to each property premises in the District requiring it, a maximum of one hundred (100) feet of individual service trenching and conductors, as well as backfill, paving, and conduit, if required.
Each property owner in the District shall be responsible for the maintenance of the conduit and termination box located on, under, or within any structure on the premises served.
6. Hereby orders that all above-referenced removal and underground installation of utilities shall be accomplished, and that affected property owners shall be ready to receive underground service of the affected utilities.
7. Hereby directs the City Clerk to notify all affected utilities and all affected persons owning property real property within the District of the adoption of this Resolution within ten (10) days after the date of such adoption. The City Clerk shall further notify said property owners that the City will contract to provide all necessary facility changes on their premises so as to receive electric, communication, or other similar or associated service from the lines of the supplying utility or utilities on file with the Public Utilities Commission of the State of California. The property owner/tenants shall cooperate with the City’s contractor and the cost of the conversions shall be per the terms stated above. Such notification by the City Clerk shall be made by mailing a copy of this Resolution and a copy of Chapter 24A of the City’s Municipal Code to affected property owners as such are shown on the last equalized assessment role and to the affected utilities.
PASSED, APPROVED, AND ADOPTED this 6th day of September, 2022.
Martha A. Flores, Mayor
ATTEST:
John D. Lollis, City Clerk
By:
Patrice Hildreth, Chief Deputy City Clerk
24A-1: DEFINITIONS:
Whenever in this chapter, the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
COMMISSION: The public utilities commission of the state of California.
PERSON: Shall mean and include individuals, firms, corporations, partnerships and their agents and employees.
POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES: Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.
UNDERGROUND UTILITY DISTRICTS OR DISTRICT: That area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of section 24A-4 of this chapter.
UTILITY: Shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 922 § A, 10-3-1968) 24A-2: PUBLIC HEARING BY COUNCIL:
The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The city clerk shall notify all affected property owners, as shown on the last equalized assessment roll and utilities concerned, by mail of the time and place of such hearings at least fifteen (15) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive. (Ord. 1537 § B74, 8-6-1996) 24A-3: REPORT ON UNDERGROUND FACILITIES:
Prior to holding such public hearing, the public works director or designee, shall consult with all affected utilities and shall prepare a report for such hearing by the city council containing, among other information, the extent of such utilities' participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. (Ord. 1537 § B75, 8-6-1996; Ord. 1614 § 3, 9-17-2002) 24A-4: COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION:
If, after any such public hearing, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 922 § A, 10-3-1968) 24A-5: UNLAWFUL ACTS:
Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in section 24A-4 of this chapter, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service, as provided in section 24A-10 of this chapter, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Ord. 922 § A, 10-3-1968)
24A-6: EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES:
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed sixty (60) days without authority of the public works director or designee in order to provide emergency service. The public works director or designee may grant special permission, on such terms as the public works director or designee may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 922 § A, 10-3-1968; Ord. 1614 § 3, 9-17-2002) 24A-7: OTHER EXCEPTIONS:
This chapter and any resolution adopted pursuant to section24A-4 of this chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer.
B. Poles or electroliers used exclusively for street lighting.
C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.
D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty four thousand five hundred (34,500) volts.
E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street.
F. Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services.
G. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts.
H. Temporary poles, overhead wires and associated overhead structures used in providing power or communications to construction projects. (Ord. 922 § A, 10-3-1968; Ord. 993 § A, 2-2-1971) 24A-8: NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES:
Within ten (10) days after the effective date of a resolution adopted pursuant to section24A-4 of this chapter, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof.
Said city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to section24A-4 of this chapter, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 922 § A, 10-3-1968)
24A-9: RESPONSIBILITY OF UTILITY COMPANIES:
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 24A-4 of this chapter, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (Ord. 922 § A, 10-3-1968) 24A-10: RESPONSIBILITY OF OWNERS:
A. Every person owning, operating, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in section 24A-9 of this chapter and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to section 24A-4 of this chapter, the public works director or designee shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) days after the receipt of such notice.
B. The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to general delivery, city of Porterville. If the notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the public works director or designee shall, within forty eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches (8" x 10") in size, to be posted in a conspicuous place on said premises.
C. The notice given by the public works director or designee to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after the receipt of such notice, the public works director or designee will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
D. If upon the expiration of the thirty (30) day period the said required underground facilities have not been provided, the public works director or designee shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric communications services are being furnished thereto, the public works director or designee shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the public works director or designee, he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) days thereafter.
E. The public works director or designee shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
F. Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
G. If any assessment is not paid within five (5) days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the public works director or designee, and the public works director or designee is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid.
Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent (6%) per annum. (Ord. 922 § A, 10-3-1968; Ord. 1614 § 3, 9-17-2002) 24A-11: RESPONSIBILITY OF CITY:
City shall remove at its own expense all city owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to section 24A-4 hereof. (Ord. 922 § A, 10-3-1968)
24A-12: EXTENSION OF TIME:
In the event that any act required by this chapter or by a resolution adopted pursuant to section24A-4 of this chapter cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 922 § A, 10-3-1968) 24A-13: PENALTY:
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter; or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (Ord. 922 § A, 10-3-1968)
1 March 3, 2022
City of Porterville
Subject: Morton Ave, Main Street to Roche
Mr. Lollis,
SCE has reviewed the proposed Underground District boundaries that was supplied by the city and find that the boundary is operationally acceptable for undergrounding the existing overhead 12 KV distribution facilities. SCE has prepared a Rough Order of Magnitude (ROM) for the undergrounding of the existing 12 KV overhead facilities within the proposed Underground Utilities District (UUD) supplied by the City of Porterville on Morton Ave. The ROM for this project was prepared without the benefit of any engineering information and therefore, it has an expected accuracy of plus or minus of 40%. The ROM cost of $1,6M in 2025 dollars may be used for the purpose of determining project feasibility.
A cost per foot of $750 per ft. was used based on current Rule 20A construction cost data for projects of similar size and scope. The estimate trench footage for the project is 1,933 and includes all mainline trenching, street crossings and services.
The ROM estimate is based on the following assumptions:
• If any the existing wood pole mounted streetlights located within the boundary will be replaced in the same vicinity with underground fed Marblelite streetlights standards. • If the city elects to add any streetlights the city would be required to pay for the new streetlights and to supply the following:
o Approved Streetlight Plans Signed by an Engineer
o Locations of Streetlights
o Poles Standard Size
o Head Size
o Mast Arm Size
• Customer duct from property line to service panel and service panel conversions if needed are included in the estimate.
• Construction will be performed during normal working hours. • All necessary permits to be issued by the city shall be issued on a no fee basis. • The estimate assumes the continued cooperation from the city, property owners, tenants, other joint utilities.
Thank you, and should you have any question please feel free to call me at 909-844-3466.
Sincerely,
Todd Pearce
Southern California Edison
Rule 20A Orange Region Project Manager
cc. Talisa Lee’ SCE
Cecilia Torres, SCE
Transmission & Distribution
Central Design & Field Accounting
Issued: May 6, 2013 Page 1
Rule20A General Conditions
General Conditions:
SCE will, at its expense, replace its existing overhead electric facilities with underground electric facilities as outlined in the Rule 20 Tariff. To ensure the success of this program, this policy document further defines the responsibilities of SCE and the sponsoring governmental agency (applicant) as follows:
Responsibilities of SCE:
1. Provide initial project assessment including qualification under Rule 20A, suggestions as to cost-effective use of 20A allocations and possible exemptions for poles that are not cost-effective to underground.
2. Provide a Rough Order of Magnitude (ROM) estimate for the undergrounding of SCE’s facilities and a preliminary schedule based on an analysis of available allocations.
3. Provide consultation to the Applicant to establish or modify the project boundary map for SCE’s operational benefits and if necessary to improve wheelchair access adjacent to SCE’s facilities, and to facilitate approval of the project resolution or ordinance.
4. After approval and formation of the Underground Utility District (UUD) and, as requested by the Applicant, meet at least once every other month with the Applicant to discuss project status and progress.
5. Initiate and complete SCE’s preliminary design identifying SCE’s trench route and location of structures.
6. Provide an electronic copy (CADD) of SCE’s preliminary design to the Applicant for distribution to the joint utilities.
7. Identify locations that require an easement for the placement of SCE’s facilities on private property.
8. Prepare necessary easement documents, make initial contact with affected property owners, and make reasonable efforts to secure the necessary easements. If SCE cannot obtain easements, SCE will solicit the Applicant’s assistance to do so.
9. Replace existing overhead fed streetlights with new underground fed marbelite streetlights within the UUD.
10. Provide approved Storm Water Pollution Prevention Plans (SWPPP) where required.
11. Provide temporary traffic control consistent with the California Joint Utility Traffic Control Manual.
12. Provide overall coordination of the bid process for the civil portion of the project (underground ducts and structures) for affected joint utilities. After installation and completion of the ducts and structures, each utility is solely responsible for its cabling and overhead removal.
Transmission & Distribution
Central Design & Field Accounting
Issued: May 6, 2013 Page 2
13. Upon request of the Applicant, SCE may use Rule 20 allocations for the installation of no more than 100 feet of each customer’s underground electric service lateral and for the conversion of electric service panels to accept underground service, excluding permit fees.
14. Provide necessary materials and construction to complete the new underground electrical system.
15. Provide proper notification to affected customers when electrical outages are necessary to complete conversion to the new underground electrical system.
16. Upon completion of SCE’s underground system, remove SCE’s existing overhead electrical facilities within the UUD in accordance with the Joint Pole Agreement.
17. Provide the Applicant with an updated schedule when the project is anticipated to experience a delay of three or more months.
18. Provide the Applicant with a revised project estimate when costs are anticipated to exceed the estimate by 10% or more.
19. Provide the Applicant with a “Letter of Completion” after removal of SCE’s overhead facilities to document completion of the new underground system and to report on the estimated cost at completion.
Responsibilities of the Applicant:
1. Consult with SCE to confirm the requirements and location of the project.
2. Once the project’s boundary has been determined, identify and notify all utilities within the proposed project’s boundary.
3. Provide an approved resolution or ordinance forming a UUD and a boundary map as required by SCE’s Tariff Rule 20.
4. Notify each property owner and affected utility in writing of the conversion with a copy of the adopted resolution/ordinance and boundary map.
5. Provide any studies or information regarding known environmental, biological, geological and or cultural areas within the approved UUD, including recent pot holing/core samplings and soils/paving information from recently completed projects.
6. Provide overall coordination of all utilities involved in the project, including project scheduling and status meetings and ensure each utility performs its required agreed-upon scope of work.
7. Provide Base Map information showing the following: boundary, roads, future road improvements, sidewalks, curbs, property lines, buildings, existing water and sewer, easements, and any other known utilities or obstacles. The Applicant may opt to provide SCE with complete base maps including all utilities.
8. After SCE has made reasonable efforts to secure easements, the Applicant will secure all required rights-of-way and easements necessary for the installation of SCE’s facilities on private property.
9. Review, comment upon, and approve SCE’s design plans, street light authorization form, and traffic control plans within 30 days of receipt from SCE.
Transmission & Distribution
Central Design & Field Accounting
Issued: May 6, 2013 Page 3
10. Manage and pay all costs associated with the remediation of contaminated soils and cultural resource findings. Rule 20A funding may not be used for environmental remediation costs.
11. Stake and survey for any associated future grade changes.
12. Provide SCE or SCE’s contractor with an acceptable construction yard for material and equipment laydown.
13. Limit the paving and restoration requirements to SCE’s standard excavation and restoration (APWA Standard 133-2) necessary for construction of the project. SCE and joint trench participants will replace paving, landscaping, sidewalks, etc. that are removed during construction. Rule 20A funding may not be used for additional restoration costs or street improvements beyond that necessitated by the project.
14. Waive pavement moratorium requirements, or pay for additional costs above SCE’s standard for pavement and restoration.
15. Should applicant require any additional traffic control planning beyond that which SCE provides (per California Joint Utility Traffic Control Manual), Applicant will prepare or pay to prepare such a plan.
16. Pay for the installation of any additional streetlights or decorative streetlights requested by the Applicant in accordance with SCE’s Street Light Agreement.
17. Remove Applicant-owned streetlights attached to utility poles and located within the UUD at Applicant expense.
18. Minimize work hour restrictions for construction, including holiday and/or special construction limitations.
19. Waive all permit fees and other incidental project specific costs, including, but not limited to, inspection, parking charges, rental cost of Applicant properties and lost revenues.
20. Guarantee to authorize SCE to proceed with the conversion of a minimum 600 feet of existing continuous overhead electrical facilities to underground facilities within the area of the approved UUD. This is the minimum length of undergrounding that can be constructed and capitalized under SCE’s Rule 20A tariff, allowing SCE to recover its investment from its ratepayers. Once approved by SCE, a Rule 20A project may not be cancelled by the applicant.
Allow sender | Block sender
Subject: SCE’s Notice Regarding Electric Rule 20A Program Status & Credit Balance, As Required By The California Public Utilities Commission, Rule 20 Proceeding R.17-05-010 Rule 20 Project Management <[email protected]> Thu 7/1/2021 7:59 PM
To: John Lollis <[email protected]>
Caution! This message was sent from outside your organization.
Dear John D Lollis,
On June 3, 2021, the California Public Utility Commission (CPUC) issued a Decision that revises the CPUC’s Electric Rule 20 program (Decision). The Decision, in part, requires that each electric utility notify the communities participating in its Rule 20A sub-program to provide them their Rule 20A status, i.e., whether they are considered “active” or “inactive,” along with their work credit balance and where applicable the steps to change their status from inactive to active if they desire.
Based on Southern California Edison’s (SCE) records, Porterville has a status of Inactive with regard to SCE’s Rule 20A program. As of January 1, 2021, Porterville has a work credit balance of $1,006,531.
SCE is providing below background and additional information regarding the CPUC Decision.
Should the city be interested in pursuing a new Rule 20A project or change their status from inactive to active, the city would need to approve a Resolution forming an Underground Utility District (UUD). The UUD should be scoped and estimated by SCE’s Rule 20A Project Manager with an estimate within the work credit balance available as of January 1, 2022.
Should you have any questions regarding your Rule 20A status or how to initiate a Rule 20A project, please contact your Rule 20 Project Manager Talisa Lee at [email protected].
Regards,
Elias Bermudez
Senior Manager, New Development Planning and Project Management Southern California Edison
[email protected]
Additional Information on the CPUC Rule 20 Decision:
The CPUC initiated an Electric Rule 20 regulatory proceeding in May of 2017, called an Order Instituting Rulemaking (OIR), to consider revisions and enhancements to Electric Rule 20 program.
Electric Rule 20 program defines policies and procedures for utilities to convert overhead power lines and other equipment to underground facilities at the request of a city, unincorporated county, or private applicant. Electric Rule 20A is a sub-program of Electric Rule 20 program that allocates ratepayerfunded work credits to cities and unincorporated counties, for projects that meet specific eligibility criteria.
After several workshops, CPUC proposals, comments and reply comments, the CPUC issued the aforementioned Decision, requiring electric utilities, including SCE, to implement changes to their Rule 20 tariff and program. The Phase 1 Decision revises Electric Rule 20 as follows: (a) discontinues new work credit allocations for Electric Rule 20A projects, (b) clarifies Electric Rule 20A project eligibility criteria and work credit transfer rules, and (c) enhances program oversight. Some of the CPUC required changes are:
Annual Allocation of Work Credits
· The Decision discontinues the authorization of new Electric Rule 20A work credit allocations after 2022. Therefore, the last annual allocation will be done by SCE in December of 2021, to be effective January 1, 2022 for the calendar year 2022.
· The Decision does not set a deadline for the use of allocated work credits. Communities may continue to use existing work credits on Rule 20A projects after December 31, 2022. · SCE no longer has the discretion to allow communities to borrow work credits from future years allocations beyond any 2022 allocation. After 2022, projects will need to be completed within available work credit balances.
Work Credit Trading
· The Decision bans, effective June 3, 2021, the practice of trading Rule 20A work credits in secondary markets with exceptions for (a) intra-county donations of work credits from a county government to cities and towns within the county or from a city or town to its county government, and (b) to allow credit pooling amongst two or more adjoining municipalities for a project with community benefit for the adjoining municipalities.
Rule 20A Qualifying Criteria
· SCE will add a new qualifying criterion for wheelchair access as follows; “Wheelchair access is limited or impeded in a manner that is not compliant with the Americans with Disabilities Act.” · SCE will revise its existing qualifying criteria language to read as follows:
o The street or road or right-of-way adjoins or passes through a civic area or public recreation area, or an area of significant scenic, cultural, and/or historic interest to the general public. o The street or road or right-of-way is considered an arterial street of major collector as defined by the California Department of Transportation’s California Road System functional classification system.
Pathway for Active Rule 20A Projects to Continue
· The Commission clarifies in the Decision that it does not modify the following two existing pathways for completing active Rule 20A projects:
o Local governments may contribute funds to their Rule 20A projects. o Electric utilities continue to have authority to reallocate unused work credits from communities with inactive underground programs to active Rule 20A projects in accordance with their respective tariffs.
· In Phase 2 of this OIR (which is yet to begin), the Commission plans to review whether additional steps need to be taken to support the completion of active Rule 20A projects.
Rule 20 Guidebooks
· Southern California Edison, San Diego Gas & Electric (SDG&E), and Pacific Gas and Electric (PG&E) shall work together to draft updated Rule 20 Guidebooks and shall meet and confer with additional utilities and stakeholders and incorporate their input into the guidebooks. · Within 120 days of the effective date of this Decision, SCE, SDG&E, and PG&E shall each file and serve on the service list of this proceeding a Tier 2 advice letter to adopt its Rule 20 Guidebook.
· Each investor owned utility (IOU) shall post its approved Electric Rule 20 Guidebook to its Electric Rule 20 website within 15 days of approval of its guidebook.
Annual Rule 20 Reporting Requirements
· The Decision modifies annual Rule 20 reporting requirements to include more detailed Community Level Data and Project Level Data.
· The Decision maintained that that the Commission’s Energy Division will post guidelines for the Annual Reports by November 1 each year on the Commission’s webpage for Rule 20, currently located at www.cpuc.ca.gov/rule20. The guidelines will include filing guidance, format, definitions, and spreadsheet templates.
· By April 1 of each year, SCE shall send a Rule 20 Annual Update to each local government in its service territory and post a public version on SCE’s Rule 20 webpage. · By April 1 of each year, SCE shall also prepare a confidential version of the Rule 20 Annual Report including bid documents, purchase orders, project contracts, invoices, and payments made.
SCE shall serve a confidential version of the Rule 20 Annual Report to Commission’s Energy Division and the service list of the OIR proceeding.
Document Retention
· Starting from the effective date of the Decision, utilities are also required to retain certain Rule 20 program documentation for each of its Rule 20 programs for a minimum of 15 years from the completion of the project.
· Each utility will be required to provide a copy of these documents, when requested, within 30 days to any local government or ratepayer advocate who signs a written request enclosing a signed nondisclosure agreement in the standard form that will be attached to the Rule 20 Guidebook.
Place
in RIMS
Item No. 25.
CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Consideration of City Council Appointments to Boards and Committees SOURCE: City Manager's Office
COMMENT: With the change in the composition of the City Council due to the resignation of Council Member A. Monte Reyes and the appointment of Council Member Donald "Don" Weyhrauch, it would be an appropriate time to consider Council appointments to the various boards and committees on which selected Council Members serve. For Council's consideration, attached is a current list of appointments.
RECOMMENDATION: That the City Council consider appointments to its Boards and Committees.
ATTACHMENTS: 1. City Council Board and Committee Appointments Appropriated/Funded:
Review By:
Department Director:
Final Approver: John Lollis, City Manager
As of August 23, 2022
Committee/Board Member/Alternate Appointment Date Meeting Information Tulare County Association of Governments/ Martha Flores - Member 12/13/2016 Meets monthly; Third Monday; 1:00 PM; meeting location varies Transportation Planning Agency ("TCAG") Milt Stowe - Alternate 1/20/2015 www.tularecog.org Tulare County Taskforce on Homelessness Martha Flores - Member 12/10/2018 Meets monthly; Third Wednesday; 1:30 PM Claudia Calderon - Alternate 7/16/2019 Tulare County Professional Development Center 4031 W. Noble Avenue, Visalia; www.tchhsa.org
Council of Cities Martha Flores - Member 12/10/2018 Meets bi-monthly; Third Wednesday; 3:00 PM Milt Stowe - Member 7/1/2014 Visalia Administration Boardroom, 220 N. Santa Fe Street, Visalia Porterville Area Development Authority Vacant - Member Meets monthly; Third Friday; 3:00 p.m. ("PADA") Milt Stowe - Member (Only two members will attend meetings at any given time.) Joint City/School District Committee Milt Stowe - Member 7/6/2010 Meets quarterly or as needed. Notification of meetings provided.
Kellie Carrillo - Member 12/8/2020
Ad Hoc Committee - Proposition 64 Vacant - Member Ad Hoc Committee concerning the consideration of regulating Regulation of Marijuana Lawana Tate - Member 7/20/2021 marijuana business activities per Prop 64.
Ad Hoc Committee - Provision of Kellie Carrillo - Member 12/8/2020 Ad Hoc Committee to address local water issues. Meets as needed.
Local Water Services Lawana Tate - Member 7/20/2021
Tule River Improvement JPA Vacant - Member Meets quarterly; Lower Tule Irrigation District Conference Michael Knight - Alternate 12/13/2016 Room, 357 E. Olive Avenue, Tipton Tulare County City Selection Mayor - City Member Meets as needed. Notification of meetings provided.
Committee Designee - Alternate Designee may attend in absence of the Mayor Tulare County Local Agency N/A Board of Supervisors Board Room Formation Commission ("LAFCO") 2800 W. Burrel Avenue, Visalia, First Wed. @ 2 p.m. www.lafco.co.tulare.ca.us/lafco/
APPOINTMENT OF COUNCIL MEMBERS TO VARIOUS COMMITTEES & BOARDS
As of August 23, 2022
Committee/Board Member/Alternate Appointment Date Meeting Information
APPOINTMENT OF COUNCIL MEMBERS TO VARIOUS COMMITTEES & BOARDS Tulare County Regional Transit Agency Milt Stowe - Member 7/7/2020 Meets monthly; Third Monday; 3:00 PM ("TCRTA") Kellie Carrillo - Alternate 2/15/2022 Meets across the county at member agencies www.tularecog.org
PDC Advisory Board John Lollis - Member 1/14/2009 Meets annually at Porterville Developmental Center Mayor - Alternate 26501 Road 140, Room 59
Internal City Audit Committee Martha Flores - Member 12/13/2016 Meets as needed in La Barca Conference Room, Kellie Carrillo - Member 5/18/2021 Porterville City Hall. Notification of meetings provided.
San Joaquin Valley Air Pollution Control Vacant - Member Meets on the third Thursday of each month at 9:00 a.m. at District ("SJVAPCD") Board 1990 East Gettysburg Avenue, Fresno, CA.
San Joaquin Valley Special City Selection Milt Stowe - Member 12/13/2016 Notification of Meetings provided; Members can attend Committee Vacant - Alternate via video-teleconference in Bakersfield or Fresno District Office.
Eastern Tule Groundwater Vacant- Member Meets monthly; First Thursday; 2:00 PM Sustainability Agency JPA Michael Knight - Alternate 7/16/2019 City Hall, 291 N. Main Street, Porterville 2020 Census Local Count Committee Martha Flores - Member Meets monthly or as needed. Notification of meetings is provided.
Ad Hoc Committee - COVID-19 Kellie Carrillo - Member 12/8/2020 Meets as needed.
Lawana Tate - Member 2/15/2022
Local Initiatives Navigation Center Committee Lawana Tate - Member 7/20/2021 Meets monthly. "LINC Committee"
Ad Hoc Military Banner Committee Kellie Carrillo - Member Meets as needed. Notification of meetings is provided.
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member Meets monthly or as needed. Notification of meetings is provided.
As of August 23, 2022
Committee/Board Member/Alternate Appointment Date Meeting Information
APPOINTMENT OF COUNCIL MEMBERS TO VARIOUS COMMITTEES & BOARDS Mighty 190 Committee Kellie Carrillo - Member 2/15/2022 Lawana Tate - Member 2/15/2022