Agenda packet — Porterville City Council, February 7, 2023 (part 2 of 3)

address. A search within EnviroStor indicates that numerous hazardous waste facilities and sites are present within the Project’s region.

DTSC recommends that the following issues be evaluated in the Hazards and Hazardous Materials section of the MND:

1. A State of California environmental regulatory agency such as DTSC, a Regional Water Quality Control Board (RWQCB), or a local agency that meets the requirements of Health and Safety Code section 101480 should provide regulatory concurrence that the project site is safe for construction and the proposed use.

2. The MND should acknowledge the potential for historic or future activities on or near the Project site to result in the release of hazardous wastes/substances on the Project site. In instances in which releases have occurred or may occur, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. The MND should also identify the mechanism(s) to initiate any required investigation and/or remediation and the government agency who will be responsible for providing appropriate regulatory oversight.

3. Refiners in the United States started adding lead compounds to gasoline in the 1920s in order to boost octane levels and improve engine performance.

This practice did not officially end until 1992 when lead was banned as a fuel additive in California. Tailpipe emissions from automobiles using leaded gasoline contained lead and resulted in aerially deposited lead (ADL) being deposited in and along roadways throughout the state. ADL-contaminated soils still exist along roadsides and medians and can also be found underneath some existing road surfaces due to past construction activities. Due to the potential for ADL-contaminated soil, DTSC recommends collecting soil samples for lead analysis prior to performing any intrusive activities for the Project described in the MND.

4. If any projects initiated as part of the proposed Project require the importation of soil to backfill any excavated areas, proper sampling should be conducted to ensure that the imported soil is free of contamination. DTSC recommends the imported materials be characterized according to DTSC’s 2001 Information Advisory Clean Imported Fill Material.

5. If any sites included as part of the proposed Project have been used for agricultural, weed abatement or related activities, proper investigation for organochlorinated pesticides should be discussed in the MND. DTSC Mr. Jason Ridenour
January 10, 2023

Page 3 ends

recommends the current and former agricultural lands be evaluated in accordance with DTSC’s 2008 Interim Guidance for Sampling Agricultural Properties (Third Revision).

DTSC appreciates the opportunity to comment on the MND. Should you choose DTSC to provide oversight for any environmental investigations, please visit DTSC’s Site Mitigation and Restoration Program page to apply for lead agency oversight. Additional information regarding voluntary agreements with DTSC can be found at DTSC’s Brownfield website.

If you have any questions, please contact me at (916) 255-3710 or via email at [email protected].

Sincerely,
Gavin McCreary, M.S.

Project Manager
Site Evaluation and Remediation Unit
Site Mitigation and Restoration Program
Department of Toxic Substances Control
cc: (via email)
Governor’s Office of Planning and Research
State Clearinghouse
[email protected]
Mr. Dave Kereazis
Office of Planning & Environmental Analysis
Department of Toxic Substances Control
[email protected]
January 25, 2023
Smee Homes, Inc.

ATTN: Ken Turner
444 N. Prospect St.

Porterville, CA 93257
SUBJECT: Property located on the southwest corner of West Gibbons Avenue and South Jaye Street, Porterville, CA 93257 - Environmental sampling per request of City of Porterville and DTSC
Mr. Turner,
In response to the item number 5 on the attached Department of Toxic Substance Control (DTSC) letter sent to the City of Porterville, regarding the above referenced subject property. We have performed on site sampling and laboratory chemical analysis of the surface and subsurface soils within the specifications outlined by the DTSC.

Our laboratory findings indicate that there were no detectable levels of harmful or toxic substances that were of concern to the DTSC present on the subject property. Arsenic was detected in all samples, however, when compared to background samples, the arsenic levels are “normal” to the area.

We hope this provides the information necessary, should you have any questions or concerns please do not hesitate to contact our office.

Respectfully submitted,
AWE, Inc.

Allen Williams, PE Zachary Boudreaux
Certified Professional Engineer Project Manager, Geologist CPE: 64742
Laboratory WorkOrder: 2301057
Project ID: 22094
Reported Created for: AW Engineering
810 W Acequia
Visalia, CA 93291
Project Contact: Zachary Boudreaux
Received Date: 01/15/2023
Report Approved and Released: 01/19/2023
Report Release Authorization:

Clari J. Cone - Technical Manager
Glossary of Terms
The results are summarized on the following pages.

Please feel free to call if you have any questions concerning these results.

ELAP Certification #2480
www.Castle-Lab.com E-mail: [email protected]

CASTLE ANALYTICAL LABORATORY
Analytical Report
Castle Analytical Laboratory - 2333 Shuttle Drive, Atwater, CA 95301 Phone: 209-384-2930 Fax: 209-384-1507
ND indicates analyte values below the Practical Quanitation Limit PQL for the matrix. * indicates a footnote is present.

LCS- Laboratory Control Sample
MS / MSD - Matrix Spike / Matix Spike Duplicate
WorkOrder:

Report Created for: Castle Analytical Laboratory
2333 Shuttle Drive Bldg 908/909
Atwater, CA 95301
Project Contact: Clari Cone
Project: 2301057/22094
Project P.O.:

Project Received: 01/17/2023
Analytical Report reviewed & approved for release on 01/18/2023 by:

Susan Thompson
2301775
The report shall not be reproduced except in full, without the written approval of the laboratory. The analytical results relate only to the items tested. Results reported conform to the most current NELAP standards, where applicable, unless otherwise stated in a case narrative.

Analytical Report
1534 Willow Pass Rd. Pittsburg, CA 94565 ♦ TEL: (877) 252-9262 ♦ FAX: (925) 252-9269 ♦ www.mccampbell.com CA ELAP 1644 ♦ NELAP 4033 ORELAP
Project Manager
McCampbell Analytical, Inc.
"When Quality Counts"

Page 1 of 22 ends

Glossary of Terms & Qualifier Definitions
Client: Castle Analytical Laboratory
Project: 2301057/22094
WorkOrder: 2301775
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Glossary Abbreviation
%D Serial Dilution Percent Difference
95% Interval 95% Confident Interval
CPT Consumer Product Testing not NELAP Accredited
DF Dilution Factor
DI WET (DISTLC) Waste Extraction Test using DI water
DISS Dissolved (direct analysis of 0.45 µm filtered and acidified water sample) DLT Dilution Test (Serial Dilution)
DUP Duplicate
EDL Estimated Detection Limit
ERS External reference sample. Second source calibration verification.

ITEF International Toxicity Equivalence Factor
LCS Laboratory Control Sample
LQL Lowest Quantitation Level
MB Method Blank
MB % Rec % Recovery of Surrogate in Method Blank, if applicable MDL MDL is the minimum measured concentration of a substance that can be reported with 99% confidence that the measured concentration is distinguishable from method blank results. Definition and Procedure for the Determination of the Method Detection Limit, Revision 2, 40CFR, Part 136, Appendix B, EPA 821-R-16-006, December 2016.

ML Minimum Level of Quantitation
MS Matrix Spike
MSD Matrix Spike Duplicate
NA Not Applicable
ND Not detected at or above the indicated MDL or RL
NR Data Not Reported due to matrix interference or insufficient sample amount.

PDS Post Digestion Spike
PDSD Post Digestion Spike Duplicate
PF Prep Factor
RD Relative Difference
RL Reporting limit is the lowest level that can be reliably determined within specified limits of precision and accuracy during routine laboratory operating conditions. (The RL cannot be lower than the lowest calibration standard used in the initial calibration of the instrument and must be greater than the MDL.) RPD Relative Percent Deviation
RRT Relative Retention Time
SPK Val Spike Value
SPKRef Val Spike Reference Value
SPLP Synthetic Precipitation Leachate Procedure
ST Sorbent Tube
TCLP Toxicity Characteristic Leachate Procedure
TEQ Toxicity Equivalents
TZA TimeZone Net Adjustment for sample collected outside of MAI's UTC.

WET (STLC) Waste Extraction Test (Soluble Threshold Limit Concentration)

Page 2 of 22 ends

Page 3 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023
WorkOrder: 2301775
Extraction Method: SW3550B
Analytical Method: SW8081A
Unit: mg/kg
Organochlorine Pesticides
6"-1' NW Corner 2301775-001A Soil 01/13/2023 GC22 01182313.D 261927 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Aldrin ND 0.0010 1 01/18/2023 11:03
a-BHC ND 0.0010 1 01/18/2023 11:03
b-BHC ND 0.0010 1 01/18/2023 11:03
d-BHC ND 0.0010 1 01/18/2023 11:03
g-BHC ND 0.0010 1 01/18/2023 11:03
Chlordane (Technical) ND 0.025 1 01/18/2023 11:03
a-Chlordane ND 0.0010 1 01/18/2023 11:03
g-Chlordane ND 0.0010 1 01/18/2023 11:03
p,p-DDD ND 0.0010 1 01/18/2023 11:03
p,p-DDE ND 0.0010 1 01/18/2023 11:03
p,p-DDT ND 0.0010 1 01/18/2023 11:03
Dieldrin ND 0.0010 1 01/18/2023 11:03
Endosulfan I ND 0.0010 1 01/18/2023 11:03
Endosulfan II ND 0.0010 1 01/18/2023 11:03
Endosulfan sulfate ND 0.0010 1 01/18/2023 11:03
Endrin ND 0.0010 1 01/18/2023 11:03
Endrin aldehyde ND 0.0010 1 01/18/2023 11:03
Endrin ketone ND 0.0010 1 01/18/2023 11:03
Heptachlor ND 0.0010 1 01/18/2023 11:03
Heptachlor epoxide ND 0.0010 1 01/18/2023 11:03
Hexachlorobenzene ND 0.010 1 01/18/2023 11:03
Hexachlorocyclopentadiene ND 0.020 1 01/18/2023 11:03
Methoxychlor ND 0.0010 1 01/18/2023 11:03
Toxaphene ND 0.050 1 01/18/2023 11:03
Surrogates REC (%) Limits
Analyst(s): CN
Decachlorobiphenyl 110 60-130 01/18/2023 11:03
CA ELAP 1644 • NELAP 4033ORELAP
(Cont.)

Page 4 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023
WorkOrder: 2301775
Extraction Method: SW3550B
Analytical Method: SW8081A
Unit: mg/kg
Organochlorine Pesticides
1"-18' NW Corner 2301775-002A Soil 01/13/2023 GC23 01182316.d 261927 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Aldrin ND 0.0010 1 01/18/2023 12:35
a-BHC ND 0.0010 1 01/18/2023 12:35
b-BHC ND 0.0010 1 01/18/2023 12:35
d-BHC ND 0.0010 1 01/18/2023 12:35
g-BHC ND 0.0010 1 01/18/2023 12:35
Chlordane (Technical) ND 0.025 1 01/18/2023 12:35
a-Chlordane ND 0.0010 1 01/18/2023 12:35
g-Chlordane ND 0.0010 1 01/18/2023 12:35
p,p-DDD ND 0.0010 1 01/18/2023 12:35
p,p-DDE ND 0.0010 1 01/18/2023 12:35
p,p-DDT ND 0.0010 1 01/18/2023 12:35
Dieldrin ND 0.0010 1 01/18/2023 12:35
Endosulfan I ND 0.0010 1 01/18/2023 12:35
Endosulfan II ND 0.0010 1 01/18/2023 12:35
Endosulfan sulfate ND 0.0010 1 01/18/2023 12:35
Endrin ND 0.0010 1 01/18/2023 12:35
Endrin aldehyde ND 0.0010 1 01/18/2023 12:35
Endrin ketone ND 0.0010 1 01/18/2023 12:35
Heptachlor ND 0.0010 1 01/18/2023 12:35
Heptachlor epoxide ND 0.0010 1 01/18/2023 12:35
Hexachlorobenzene ND 0.010 1 01/18/2023 12:35
Hexachlorocyclopentadiene ND 0.020 1 01/18/2023 12:35
Methoxychlor ND 0.0010 1 01/18/2023 12:35
Toxaphene ND 0.050 1 01/18/2023 12:35
Surrogates REC (%) Limits
Analyst(s): CN
Decachlorobiphenyl 94 60-130 01/18/2023 12:35
CA ELAP 1644 • NELAP 4033ORELAP
(Cont.)

Page 5 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023
WorkOrder: 2301775
Extraction Method: SW3550B
Analytical Method: SW8081A
Unit: mg/kg
Organochlorine Pesticides
6"-1' NE Corner 2301775-003A Soil 01/13/2023 GC22 01182314.D 261927 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Aldrin ND 0.0010 1 01/18/2023 11:19
a-BHC ND 0.0010 1 01/18/2023 11:19
b-BHC ND 0.0010 1 01/18/2023 11:19
d-BHC ND 0.0010 1 01/18/2023 11:19
g-BHC ND 0.0010 1 01/18/2023 11:19
Chlordane (Technical) ND 0.025 1 01/18/2023 11:19
a-Chlordane ND 0.0010 1 01/18/2023 11:19
g-Chlordane ND 0.0010 1 01/18/2023 11:19
p,p-DDD ND 0.0010 1 01/18/2023 11:19
p,p-DDE ND 0.0010 1 01/18/2023 11:19
p,p-DDT ND 0.0010 1 01/18/2023 11:19
Dieldrin ND 0.0010 1 01/18/2023 11:19
Endosulfan I ND 0.0010 1 01/18/2023 11:19
Endosulfan II ND 0.0010 1 01/18/2023 11:19
Endosulfan sulfate ND 0.0010 1 01/18/2023 11:19
Endrin ND 0.0010 1 01/18/2023 11:19
Endrin aldehyde ND 0.0010 1 01/18/2023 11:19
Endrin ketone ND 0.0010 1 01/18/2023 11:19
Heptachlor ND 0.0010 1 01/18/2023 11:19
Heptachlor epoxide ND 0.0010 1 01/18/2023 11:19
Hexachlorobenzene ND 0.010 1 01/18/2023 11:19
Hexachlorocyclopentadiene ND 0.020 1 01/18/2023 11:19
Methoxychlor ND 0.0010 1 01/18/2023 11:19
Toxaphene ND 0.050 1 01/18/2023 11:19
Surrogates REC (%) Limits
Analyst(s): CN
Decachlorobiphenyl 113 60-130 01/18/2023 11:19
CA ELAP 1644 • NELAP 4033ORELAP
(Cont.)

Page 6 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023
WorkOrder: 2301775
Extraction Method: SW3550B
Analytical Method: SW8081A
Unit: mg/kg
Organochlorine Pesticides
1"-18' NE Corner 2301775-004A Soil 01/13/2023 GC22 01182315.D 261927 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Aldrin ND 0.0010 1 01/18/2023 11:36
a-BHC ND 0.0010 1 01/18/2023 11:36
b-BHC ND 0.0010 1 01/18/2023 11:36
d-BHC ND 0.0010 1 01/18/2023 11:36
g-BHC ND 0.0010 1 01/18/2023 11:36
Chlordane (Technical) ND 0.025 1 01/18/2023 11:36
a-Chlordane ND 0.0010 1 01/18/2023 11:36
g-Chlordane ND 0.0010 1 01/18/2023 11:36
p,p-DDD ND 0.0010 1 01/18/2023 11:36
p,p-DDE ND 0.0010 1 01/18/2023 11:36
p,p-DDT ND 0.0010 1 01/18/2023 11:36
Dieldrin ND 0.0010 1 01/18/2023 11:36
Endosulfan I ND 0.0010 1 01/18/2023 11:36
Endosulfan II ND 0.0010 1 01/18/2023 11:36
Endosulfan sulfate ND 0.0010 1 01/18/2023 11:36
Endrin ND 0.0010 1 01/18/2023 11:36
Endrin aldehyde ND 0.0010 1 01/18/2023 11:36
Endrin ketone ND 0.0010 1 01/18/2023 11:36
Heptachlor ND 0.0010 1 01/18/2023 11:36
Heptachlor epoxide ND 0.0010 1 01/18/2023 11:36
Hexachlorobenzene ND 0.010 1 01/18/2023 11:36
Hexachlorocyclopentadiene ND 0.020 1 01/18/2023 11:36
Methoxychlor ND 0.0010 1 01/18/2023 11:36
Toxaphene ND 0.050 1 01/18/2023 11:36
Surrogates REC (%) Limits
Analyst(s): CN
Decachlorobiphenyl 114 60-130 01/18/2023 11:36
CA ELAP 1644 • NELAP 4033ORELAP
(Cont.)

Page 7 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023
WorkOrder: 2301775
Extraction Method: SW3550B
Analytical Method: SW8081A
Unit: mg/kg
Organochlorine Pesticides
6"-1' SE Corner 2301775-005A Soil 01/13/2023 GC23 01182312.d 261927 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Aldrin ND 0.0010 1 01/18/2023 11:33
a-BHC ND 0.0010 1 01/18/2023 11:33
b-BHC ND 0.0010 1 01/18/2023 11:33
d-BHC ND 0.0010 1 01/18/2023 11:33
g-BHC ND 0.0010 1 01/18/2023 11:33
Chlordane (Technical) ND 0.025 1 01/18/2023 11:33
a-Chlordane ND 0.0010 1 01/18/2023 11:33
g-Chlordane ND 0.0010 1 01/18/2023 11:33
p,p-DDD ND 0.0010 1 01/18/2023 11:33
p,p-DDE ND 0.0010 1 01/18/2023 11:33
p,p-DDT ND 0.0010 1 01/18/2023 11:33
Dieldrin ND 0.0010 1 01/18/2023 11:33
Endosulfan I ND 0.0010 1 01/18/2023 11:33
Endosulfan II ND 0.0010 1 01/18/2023 11:33
Endosulfan sulfate ND 0.0010 1 01/18/2023 11:33
Endrin ND 0.0010 1 01/18/2023 11:33
Endrin aldehyde ND 0.0010 1 01/18/2023 11:33
Endrin ketone ND 0.0010 1 01/18/2023 11:33
Heptachlor ND 0.0010 1 01/18/2023 11:33
Heptachlor epoxide ND 0.0010 1 01/18/2023 11:33
Hexachlorobenzene ND 0.010 1 01/18/2023 11:33
Hexachlorocyclopentadiene ND 0.020 1 01/18/2023 11:33
Methoxychlor ND 0.0010 1 01/18/2023 11:33
Toxaphene ND 0.050 1 01/18/2023 11:33
Surrogates REC (%) Limits
Analyst(s): CN
Decachlorobiphenyl 91 60-130 01/18/2023 11:33
CA ELAP 1644 • NELAP 4033ORELAP
(Cont.)

Page 8 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023
WorkOrder: 2301775
Extraction Method: SW3550B
Analytical Method: SW8081A
Unit: mg/kg
Organochlorine Pesticides
1"-18' SE Corner 2301775-006A Soil 01/13/2023 GC23 01182313.d 261927 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Aldrin ND 0.0010 1 01/18/2023 11:48
a-BHC ND 0.0010 1 01/18/2023 11:48
b-BHC ND 0.0010 1 01/18/2023 11:48
d-BHC ND 0.0010 1 01/18/2023 11:48
g-BHC ND 0.0010 1 01/18/2023 11:48
Chlordane (Technical) ND 0.025 1 01/18/2023 11:48
a-Chlordane ND 0.0010 1 01/18/2023 11:48
g-Chlordane ND 0.0010 1 01/18/2023 11:48
p,p-DDD ND 0.0010 1 01/18/2023 11:48
p,p-DDE ND 0.0010 1 01/18/2023 11:48
p,p-DDT ND 0.0010 1 01/18/2023 11:48
Dieldrin ND 0.0010 1 01/18/2023 11:48
Endosulfan I ND 0.0010 1 01/18/2023 11:48
Endosulfan II ND 0.0010 1 01/18/2023 11:48
Endosulfan sulfate ND 0.0010 1 01/18/2023 11:48
Endrin ND 0.0010 1 01/18/2023 11:48
Endrin aldehyde ND 0.0010 1 01/18/2023 11:48
Endrin ketone ND 0.0010 1 01/18/2023 11:48
Heptachlor ND 0.0010 1 01/18/2023 11:48
Heptachlor epoxide ND 0.0010 1 01/18/2023 11:48
Hexachlorobenzene ND 0.010 1 01/18/2023 11:48
Hexachlorocyclopentadiene ND 0.020 1 01/18/2023 11:48
Methoxychlor ND 0.0010 1 01/18/2023 11:48
Toxaphene ND 0.050 1 01/18/2023 11:48
Surrogates REC (%) Limits
Analyst(s): CN
Decachlorobiphenyl 96 60-130 01/18/2023 11:48
CA ELAP 1644 • NELAP 4033ORELAP
(Cont.)

Page 9 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023
WorkOrder: 2301775
Extraction Method: SW3550B
Analytical Method: SW8081A
Unit: mg/kg
Organochlorine Pesticides
6"-1' SW Corner 2301775-007A Soil 01/13/2023 GC23 01182314.d 261927 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Aldrin ND 0.0010 1 01/18/2023 12:04
a-BHC ND 0.0010 1 01/18/2023 12:04
b-BHC ND 0.0010 1 01/18/2023 12:04
d-BHC ND 0.0010 1 01/18/2023 12:04
g-BHC ND 0.0010 1 01/18/2023 12:04
Chlordane (Technical) ND 0.025 1 01/18/2023 12:04
a-Chlordane ND 0.0010 1 01/18/2023 12:04
g-Chlordane ND 0.0010 1 01/18/2023 12:04
p,p-DDD ND 0.0010 1 01/18/2023 12:04
p,p-DDE ND 0.0010 1 01/18/2023 12:04
p,p-DDT ND 0.0010 1 01/18/2023 12:04
Dieldrin ND 0.0010 1 01/18/2023 12:04
Endosulfan I ND 0.0010 1 01/18/2023 12:04
Endosulfan II ND 0.0010 1 01/18/2023 12:04
Endosulfan sulfate ND 0.0010 1 01/18/2023 12:04
Endrin ND 0.0010 1 01/18/2023 12:04
Endrin aldehyde ND 0.0010 1 01/18/2023 12:04
Endrin ketone ND 0.0010 1 01/18/2023 12:04
Heptachlor ND 0.0010 1 01/18/2023 12:04
Heptachlor epoxide ND 0.0010 1 01/18/2023 12:04
Hexachlorobenzene ND 0.010 1 01/18/2023 12:04
Hexachlorocyclopentadiene ND 0.020 1 01/18/2023 12:04
Methoxychlor ND 0.0010 1 01/18/2023 12:04
Toxaphene ND 0.050 1 01/18/2023 12:04
Surrogates REC (%) Limits
Analyst(s): CN
Decachlorobiphenyl 102 60-130 01/18/2023 12:04
CA ELAP 1644 • NELAP 4033ORELAP
(Cont.)

Page 10 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023
WorkOrder: 2301775
Extraction Method: SW3550B
Analytical Method: SW8081A
Unit: mg/kg
Organochlorine Pesticides
1"-18' SW Corner 2301775-008A Soil 01/13/2023 GC23 01182315.d 261927 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Aldrin ND 0.0010 1 01/18/2023 12:19
a-BHC ND 0.0010 1 01/18/2023 12:19
b-BHC ND 0.0010 1 01/18/2023 12:19
d-BHC ND 0.0010 1 01/18/2023 12:19
g-BHC ND 0.0010 1 01/18/2023 12:19
Chlordane (Technical) ND 0.025 1 01/18/2023 12:19
a-Chlordane ND 0.0010 1 01/18/2023 12:19
g-Chlordane ND 0.0010 1 01/18/2023 12:19
p,p-DDD ND 0.0010 1 01/18/2023 12:19
p,p-DDE ND 0.0010 1 01/18/2023 12:19
p,p-DDT ND 0.0010 1 01/18/2023 12:19
Dieldrin ND 0.0010 1 01/18/2023 12:19
Endosulfan I ND 0.0010 1 01/18/2023 12:19
Endosulfan II ND 0.0010 1 01/18/2023 12:19
Endosulfan sulfate ND 0.0010 1 01/18/2023 12:19
Endrin ND 0.0010 1 01/18/2023 12:19
Endrin aldehyde ND 0.0010 1 01/18/2023 12:19
Endrin ketone ND 0.0010 1 01/18/2023 12:19
Heptachlor ND 0.0010 1 01/18/2023 12:19
Heptachlor epoxide ND 0.0010 1 01/18/2023 12:19
Hexachlorobenzene ND 0.010 1 01/18/2023 12:19
Hexachlorocyclopentadiene ND 0.020 1 01/18/2023 12:19
Methoxychlor ND 0.0010 1 01/18/2023 12:19
Toxaphene ND 0.050 1 01/18/2023 12:19
Surrogates REC (%) Limits
Analyst(s): CN
Decachlorobiphenyl 95 60-130 01/18/2023 12:19
CA ELAP 1644 • NELAP 4033ORELAP

Page 11 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023-01/18/2023
WorkOrder: 2301775
Extraction Method: SW3050B
Analytical Method: SW6020
Unit: mg/kg
Metals
6"-1' NW Corner 2301775-001A Soil 01/13/2023 ICP-MS4 158SMPL.d 262018 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Arsenic 3.2 0.50 1 01/18/2023 17:40
Surrogates REC (%) Limits
Analyst(s): MIG
Terbium 106 70-130 01/18/2023 17:40
1"-18' NW Corner 2301775-002A Soil 01/13/2023 ICP-MS5 1143SMPL.d 261926 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Arsenic 3.3 0.50 1 01/17/2023 19:15
Surrogates REC (%) Limits
Analyst(s): WV
Terbium 106 70-130 01/17/2023 19:15
6"-1' NE Corner 2301775-003A Soil 01/13/2023 ICP-MS6 277SMPL.d 261926 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Arsenic 3.3 0.50 1 01/17/2023 22:39
Surrogates REC (%) Limits
Analyst(s): AL
Terbium 99 70-130 01/17/2023 22:39
1"-18' NE Corner 2301775-004A Soil 01/13/2023 ICP-MS6 278SMPL.d 261926 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Arsenic 3.4 0.50 1 01/17/2023 22:42
Surrogates REC (%) Limits
Analyst(s): AL
Terbium 97 70-130 01/17/2023 22:42
CA ELAP 1644 • NELAP 4033ORELAP
(Cont.)

Page 12 of 22 ends

Analytical Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Received: 01/17/2023 9:46
Date Prepared: 01/17/2023-01/18/2023
WorkOrder: 2301775
Extraction Method: SW3050B
Analytical Method: SW6020
Unit: mg/kg
Metals
6"-1' SE Corner 2301775-005A Soil 01/13/2023 ICP-MS6 279SMPL.d 261926 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Arsenic 3.5 0.50 1 01/17/2023 22:46
Surrogates REC (%) Limits
Analyst(s): AL
Terbium 99 70-130 01/17/2023 22:46
1"-18' SE Corner 2301775-006A Soil 01/13/2023 ICP-MS6 280SMPL.d 261926 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Arsenic 3.7 0.50 1 01/17/2023 22:49
Surrogates REC (%) Limits
Analyst(s): AL
Terbium 103 70-130 01/17/2023 22:49
6"-1' SW Corner 2301775-007A Soil 01/13/2023 ICP-MS6 281SMPL.d 261926 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Arsenic 4.1 0.50 1 01/17/2023 22:52
Surrogates REC (%) Limits
Analyst(s): AL
Terbium 103 70-130 01/17/2023 22:52
1"-18' SW Corner 2301775-008A Soil 01/13/2023 ICP-MS5 1177SMPL.d 261926 Analytes Result RL DF Date Analyzed
Client ID Lab ID Matrix Date Collected Instrument Batch ID Arsenic 4.5 0.50 1 01/17/2023 21:15
Surrogates REC (%) Limits
Analyst(s): WV
Terbium 105 70-130 01/17/2023 21:15
CA ELAP 1644 • NELAP 4033ORELAP

Page 13 of 22 ends

Quality Control Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Analyzed: 01/18/2023
Date Prepared: 01/17/2023
WorkOrder: 2301775
BatchID: 261927
Analytical Method: SW8081A
Unit: mg/kg
Sample ID: MB/LCS/LCSD-261927
Instrument: GC22
Matrix: Soil
Extraction Method: SW3550B
QC Summary Report for SW8081A
Analyte MB
Result

MDL RL SPK
Val
MB SS
%REC
MB SS
Limits
Aldrin ND 0.00039 0.0010 - - -
a-BHC ND 0.00049 0.0010 - - -
b-BHC ND 0.00027 0.0010 - - -
d-BHC ND 0.00033 0.0010 - - -
g-BHC ND 0.00033 0.0010 - - -
a-Chlordane ND 0.00043 0.0010 - - -
g-Chlordane ND 0.00034 0.0010 - - -
p,p-DDD ND 0.00041 0.0010 - - -
p,p-DDE ND 0.00029 0.0010 - - -
p,p-DDT ND 0.00039 0.0010 - - -
Dieldrin ND 0.00038 0.0010 - - -
Endosulfan I ND 0.00035 0.0010 - - -
Endosulfan II ND 0.00033 0.0010 - - -
Endosulfan sulfate ND 0.00040 0.0010 - - -
Endrin ND 0.00038 0.0010 - - -
Endrin aldehyde ND 0.00044 0.0010 - - -
Endrin ketone ND 0.00029 0.0010 - - -
Heptachlor ND 0.00030 0.0010 - - -
Heptachlor epoxide ND 0.00030 0.0010 - - -
Hexachlorobenzene ND 0.00070 0.010 - - -
Hexachlorocyclopentadiene ND 0.00052 0.020 - - -
Methoxychlor ND 0.00045 0.0010 - - -
Surrogate Recovery
Decachlorobiphenyl 0.060 0.05 119 70-130
CA ELAP 1644 • NELAP 4033ORELAP
(Cont.)

Page 14 of 22 ends

LCS/LCSD
Limits

RPD RPD
Limit
Aldrin 0.058 0.058 0.050 116 117 70-130 0.716 20
a-BHC 0.060 0.061 0.050 121 122 70-130 0.812 20
b-BHC 0.056 0.056 0.050 112 113 70-130 0.483 20
d-BHC 0.063 0.063 0.050 127 127 70-130 0.0955 20
g-BHC 0.062 0.062 0.050 123 124 70-130 0.649 20
a-Chlordane 0.057 0.057 0.050 114 114 70-130 0.126 20
g-Chlordane 0.056 0.056 0.050 111 111 70-130 0.247 20
p,p-DDD 0.057 0.057 0.050 114 114 70-130 0.121 20
p,p-DDE 0.056 0.057 0.050 113 113 70-130 0.528 20
p,p-DDT 0.062 0.063 0.050 124 126 70-130 1.46 20
Dieldrin 0.059 0.059 0.050 117 118 70-130 0.411 20
Endosulfan I 0.057 0.058 0.050 115 116 70-130 0.830 20
Endosulfan II 0.055 0.055 0.050 111 111 70-130 0.0637 20 Endosulfan sulfate 0.059 0.059 0.050 118 118 70-130 0.561 20 Endrin 0.060 0.061 0.050 119 121 70-130 1.57 20
Endrin aldehyde 0.060 0.060 0.050 120 121 70-130 0.462 20 Endrin ketone 0.057 0.058 0.050 115 116 70-130 0.705 20 Heptachlor 0.059 0.060 0.050 118 120 70-130 1.43 20
Heptachlor epoxide 0.057 0.057 0.050 114 115 70-130 0.767 20 Hexachlorobenzene 0.055 0.055 0.050 110 111 70-130 0.922 20 Hexachlorocyclopentadiene 0.16 0.17 0.050 326,F2 333,F2 50-130 2.01 20 Methoxychlor 0.052 0.054 0.050 105 107 70-130 2.41 20
Surrogate Recovery
Decachlorobiphenyl 0.058 0.058 0.050 116 116 70-130 0.0070 20 CA ELAP 1644 • NELAP 4033ORELAP

Page 15 of 22 ends

Quality Control Report
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client: Castle Analytical Laboratory
Project: 2301057/22094
Date Analyzed: 01/17/2023
Date Prepared: 01/17/2023
WorkOrder: 2301775
BatchID: 261926
Analytical Method: SW6020
Unit: mg/kg
Sample ID: MB/LCS/LCSD-261926
2301775-002AMS/MSD
Instrument: ICP-MS5
Matrix: Soil
Extraction Method: SW3050B
QC Summary Report for Metals
Analyte MB
Result

MDL RL SPK
Val
MB SS
%REC
MB SS
Limits
Arsenic ND 0.11 0.50 - - -
Surrogate Recovery
Terbium 490 500 97 70-130
Analyte LCS
Result
LCSD
Result
SPK
Val
LCS
%REC
LCSD
%REC

LCS/LCSD
Limits

RPD RPD
Limit
Arsenic 50 52 50 99 104 75-125 4.34 20
Surrogate Recovery
Terbium 510 520 500 103 104 70-130 0.810 20
Analyte MS
Result
MSD
Result
SPK
Val
SPKRef
Val
MS
%REC
MSD
%REC
MS/MSD
Limits

RPD RPD
Limit
MS
DF
Arsenic 1 57 55 50 3.273 107 104 75-125 2.38 20
Surrogate Recovery
Terbium 1 530 530 500 107 105 70-130 1.28 20
Analyte DLT
Result
DLTRef
Val
%D %D
Limit
Arsenic 3.1 3.3 3.91 -
%D Control Limit applied to analytes with concentrations greater than 25 times the reporting limits.

CA ELAP 1644 • NELAP 4033ORELAP

Page 16 of 22 ends

McCampbell Analytical, Inc.
1534 Willow Pass Rd
Pittsburg, CA 94565-1701
(925) 252-9262
CHAIN-OF-CUSTODY RECORD Page
Lab ID Matrix Collection Date Hold
Requested Tests (See legend below)
Report to:

Clari Cone
2333 Shuttle Drive Bldg 908/909
Atwater, CA 95301
(209) 384-2930 FAX: (209) 384-1507
PO:
01/17/2023
ClientSampID
Project: 2301057/22094
WorkOrder: 2301775
1 of 1
Date Logged:

Date Received: 01/17/2023
1 2 3 4 5 6 7 8 9 10 11 12
Castle Analytical Laboratory
Bill to:

Accounts Payable
Castle Analytical Laboratory
2333 Shuttle Drive Bldg 908/909
Atwater, CA 95301
Requested TAT: 1 day;
ClientCode: CALA
Email: [email protected]; [email protected]
EDF EQuIS Email HardCopy ThirdParty
Excel
CLIP J-flag
cc/3rd Party:

WaterTrax
QuoteID: 224256
Detection Summary
Dry-Weight
2301775-001 6"-1' NW Corner Soil 1/13/2023 00:00 A A A
2301775-002 1"-18' NW Corner Soil 1/13/2023 00:00 A A A 2301775-003 6"-1' NE Corner Soil 1/13/2023 00:00 A A A
2301775-004 1"-18' NE Corner Soil 1/13/2023 00:00 A A A 2301775-005 6"-1' SE Corner Soil 1/13/2023 00:00 A A A
2301775-006 1"-18' SE Corner Soil 1/13/2023 00:00 A A A 2301775-007 6"-1' SW Corner Soil 1/13/2023 00:00 A A A
2301775-008 1"-18' SW Corner Soil 1/13/2023 00:00 A A A Prepared by: Adrianna Cardoza
NOTE: Soil samples are discarded 60 days after receipt unless other arrangements are made (Water samples are 30 days).

Hazardous samples will be returned to client or disposed of at client expense.

Comments:
1 8081_S 2 METALSMS_TTLC_S 3 PRDisposal Fee 4
5 6 7 8
9 10
Test Legend:
11 12
Project Manager: Susan Thompson

Page 17 of 22 ends

LabID ClientSampID Collection Date
& Time
Date Logged:

Matrix Test Name Containers TAT
/Composites

WORK ORDER SUMMARY
Work Order: 2301775
Comments:

Client Name: CASTLE ANALYTICAL LABORATORY Project: 2301057/22094 QC Level: LEVEL 2
Dry- Hold
Weight
Sub
Out
Bottle &
Preservative
1/17/2023
Sediment
Content
CLIP EDF Excel EQuIS Email HardCopy ThirdParty J-flag
Client Contact: Clari Cone
Contact's Email: [email protected]; [email protected] WaterTrax
Head Test Due Date
Space
U**
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" 001A 6"-1' NW Corner Soil SW6020 (Metals) <Arsenic> 1 Stainless Steel tube 1/13/2023 1 day 2"x6"
1/18/2023
SW8081A (OC Pesticides) 1 day 1/18/2023
002A 1"-18' NW Corner Soil SW6020 (Metals) <Arsenic> 1 Stainless Steel tube 1/13/2023 1 day 2"x6"
1/18/2023
SW8081A (OC Pesticides) 1 day 1/18/2023
003A 6"-1' NE Corner Soil SW6020 (Metals) <Arsenic> 1 Stainless Steel tube 1/13/2023 1 day 2"x6"
1/18/2023
SW8081A (OC Pesticides) 1 day 1/18/2023
004A 1"-18' NE Corner Soil SW6020 (Metals) <Arsenic> 1 Stainless Steel tube 1/13/2023 1 day 2"x6"
1/18/2023
SW8081A (OC Pesticides) 1 day 1/18/2023
005A 6"-1' SE Corner Soil SW6020 (Metals) <Arsenic> 1 Stainless Steel tube 1/13/2023 1 day 2"x6"
1/18/2023
SW8081A (OC Pesticides) 1 day 1/18/2023
006A 1"-18' SE Corner Soil SW6020 (Metals) <Arsenic> 1 Stainless Steel tube 1/13/2023 1 day 2"x6"
1/18/2023

Page 1 of 2 ends

* STLC and TCLP extractions require 2 days to complete; therefore, all TATs begin after the extraction is completed (i.e., One-day TAT yields results in 3 days from sample submission).

NOTES:
- MAI assumes that all material present in the provided sampling container is considered part of the sample - MAI does not exclude any material from the sample prior to sample preparation unless requested in writing by the client.

U** = An unpreserved container was received for a method that suggests a preservation in order to extend hold time for analysis. - Organic extracts are held for 40 days before disposal; Inorganic extract are held for 30 days.

Page 18 of 22 ends

LabID ClientSampID Collection Date
& Time
Date Logged:

Matrix Test Name Containers TAT
/Composites

WORK ORDER SUMMARY
Work Order: 2301775
Comments:

Page 2 of 2 ends

* STLC and TCLP extractions require 2 days to complete; therefore, all TATs begin after the extraction is completed (i.e., One-day TAT yields results in 3 days from sample submission).

Page 19 of 22 ends

Page 20 of 22 ends

Page 21 of 22 ends

Sample Receipt Checklist
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 http://www.mccampbell.com / E-mail: [email protected] "When Quality Counts" Client Name: Castle Analytical Laboratory
WorkOrder №: 2301775
Date Logged: 1/17/2023
Matrix: Soil Logged by: Adrianna Cardoza
Carrier: UPS
Shipping container/cooler in good condition? Yes No
Custody seals intact on shipping container/cooler? Yes No NA Samples Received on Ice? Yes No
Chain of custody present? Yes No
Chain of custody signed when relinquished and received? Yes No Chain of custody agrees with sample labels? Yes No
Samples in proper containers/bottles? Yes No
Sample containers intact? Yes No
Sufficient sample volume for indicated test? Yes No
All samples received within holding time? Yes No NA
Sample/Temp Blank temperature NA
ZHS conditional analyses: VOA meets zero headspace Yes No NA requirement (VOCs, TPHg/BTEX, RSK)?
pH acceptable upon receipt (Metal: <2; Nitrate 353.2/4500NO3:
<2; 522: <4; 218.7: >8)?
Yes No NA
Temp: 4.4°C
Chain of Custody (COC) Information
Sample IDs noted by Client on COC? Yes No
Date and Time of collection noted by Client on COC? Yes No Sampler's name noted on COC? Yes No
Sample Receipt Information
Sample Preservation and Hold Time (HT) Information
Sample labels checked for correct preservation? Yes No
Project: 2301057/22094
(Ice Type: BLUE ICE )
Comments:
pH tested and acceptable upon receipt (200.7: ≤2; 533: 6 - 8; 537.1: 6 - 8)?
Yes No NA
UCMR Samples:

Free Chlorine tested and acceptable upon receipt (<0.1mg/L) [not applicable to 200.7]?
Yes No NA
Date and Time Received: 1/17/2023 09:46
Received by: Adrianna Cardoza
COC agrees with Quote? Yes No NA
Custody seals intact on sample bottles? Yes No NA

Page 22 of 22 ends

Printed on Recycled Paper

SENT VIA ELECTRONIC MAIL
January 10, 2023
Mr. Jason Ridenour
City of Porterville
291 N. Main Street
Porterville, CA 93257
[email protected]
MITIGATED NEGATIVE DECLARATION FOR VILLAS AT SIERRA MEADOWS 4 & 5 RESIDENTIAL PROJECT – DATED DECEMBER 2022 (STATE CLEARINGHOUSE NUMBER: 2022120369)
Dear Mr. Ridenour:

The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration (MND) for the Villas at Sierra Meadows 4 & 5 Residential Project (Project).

The Lead Agency is receiving this notice from DTSC because the Project includes one or more of the following: groundbreaking activities, work in close proximity to a roadway, importation of backfill soil, and/or work on or in close proximity to an agricultural or former agricultural site.

The MND references the listing compiled in accordance with California Government Code Section 65962.5, commonly known as the Cortese List. Not all sites impacted by hazardous waste or hazardous materials will be found on the Cortese List. DTSC recommends that the Hazards and Hazardous Materials section of the MND address actions to be taken for any sites impacted by hazardous waste or hazardous materials within the Project area, not just those found on the Cortese List. DTSC recommends consulting with other agencies that may provide oversight to hazardous waste facilities and sites in order to determine a comprehensive listing of all sites impacted by hazardous waste or hazardous materials within the Project area. DTSC hazardous waste facilities and sites with known or suspected contamination issues can be found on DTSC’s EnviroStor data management system. The EnviroStor Map feature can be used to locate hazardous waste facilities and sites for a county, city, or a specific Mr. Jason Ridenour
January 10, 2023

Page 2 ends

address. A search within EnviroStor indicates that numerous hazardous waste facilities and sites are present within the Project’s region.

DTSC recommends that the following issues be evaluated in the Hazards and Hazardous Materials section of the MND:

3. Refiners in the United States started adding lead compounds to gasoline in the 1920s in order to boost octane levels and improve engine performance.

Page 3 ends

recommends the current and former agricultural lands be evaluated in accordance with DTSC’s 2008 Interim Guidance for Sampling Agricultural Properties (Third Revision).

If you have any questions, please contact me at (916) 255-3710 or via email at [email protected].

Sincerely,
Gavin McCreary, M.S.

PEARSON ST

STACIE AVE

CHESS TERRACE ST

MESA OAK ST

MELINDA AVE

YATES AVE

KESSING ST

HEMLOCK AVE

JAYE ST

GIBBONS AVE
Locator Map
PRC 2020-048
Smee TSM
Gibbons & Jaye
Date Printed: 12/18/2020 by the Community Development Department 1 in = 500 feet
Project Location
City Limits

IG (General
Industrial)
PS (Public and
Semi-Public)
RM-2 (Medium
Density
Residential)
RR (Rural
Residential)
RS-1 (Very
Low Density
Residential)
RS-2 (Low
Density
Residential)

PEARSON ST

STACIE AVE

CHESS TERRACE ST

MESA OAK ST

YATES AVE

KESSING ST

HEMLOCK AVE

JAYE ST

GIBBONS AVE
Zoning
PRC 2020-048
Smee TSM
Gibbons & Jaye
Date Printed: 12/18/2020 by the Community Development Department 1 in = 400 feet
Project Location
City Limits
Item No. 14.

CITY COUNCIL AGENDA – FEBRUARY 7, 2023
SUBJECT: Second Reading - Ordinance No. 1900 - Zone Change (PRC 2022-012-Z), from RM-3 (High-Density Residential) to CG (General and Service Commercial) for the Development of a Future Bakery
SOURCE: Administrative Services
COMMENT: Ordinance No. 1900, an Ordinance of the City Council of the City of Porterville Containing Findings and Conditions in support of a zone change (PRC 2022- 012-Z), from RM-3 (High-density Residential ) to CG (General and Service Commercial) for the development of a future bakery, was given first reading on January 17, 2023, and has been printed.

RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1900, waive further reading, and adopt said Ordinance.

ATTACHMENTS: 1. Ordinance No. 1900
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Page 1 of 2 ends

ORDINANCE NO. 1900

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

CONTAINING FINDINGS AND CONDITIONS IN SUPPORT OF ZONE CHANGE (PRC 2022-012-ZC), FROM RM-3 (HIGH DENSITY RESIDENTIAL) TO CG (GENERAL AND

SERVICE COMMERCIAL) FOR THE DEVELOPMENT OF A FUTURE BAKERY WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of November 1, 2022, conducted a public hearing to consider findings in support of Zone Change (PRC 2022-012-Z), being a change from RM-3 (High Density Residential) to CG (General and Service Commercial) for the parcel located at APN 260-204-009; and WHEREAS: on January 7, 2023, a notice was published in The Porterville Recordersetting the date, and place of a public hearing for January 17, 2023 and similar notices were sent to owners of property within 300 feet of the Site and posted at City Hall and the City’s website announcing the same; and
WHEREAS The City Council of the City of Porterville received testimony from all interested parties related to said Zone Change; and
WHEREAS: On December 12, 2022, the Environmental Coordinator made a preliminary determination that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, said preliminary determination based on the requisite criteria and substantiated in the record:

1. Class 3 consist of construction and location of limited number of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing structures from one use to another where only minor modification are made in the exterior of the structure. The number of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to
a. A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial building not exceeding 10,000 square feet on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding; WHEREAS: The City Council made the following findings that the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted.
a. The project supports and complies with the following General plan guiding policies:
• LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the City.

Ordinance No. 1900

Page 2 of 2 ends

• LU-G-3: Promote sustainability in the design and development of public and private development projects.
• LU-G-5: Ensure that new development pays for the public pays for the public facilities and infrastructure improvements required to meet the demands resulting from that growth.
• ED-G-2: Retain, improve, and promote existing businesses in Porterville. • ED-G-5: Retain existing local businesses and foster local start-ups. • ED-G-7: Create an image for Porterville that will attract and retain economic activity.
b. The location of the proposed building and proposed zoning of General and Service Commercial will not be detrimental to the public health, safety welfare, or materially injurious to properties or improvements in the vicinity.

WHEREAS: The City Council of the City of Porterville received testimony from all interested parties related to said Zone Change; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville as follows:

1. That the following described property in the City of Porterville, County of Tulare, State of California, known as Zone Change PRC 2022-012-Z, is hereby rezoned from RM-3 (High Density Residential) to CG (General and Service Commercial), pursuant to Number 2 below, for the parcel described herein as Assessor Parcel Number 260-204-009; and

2. It is further ordained that all record of the City of Porterville, together with the official zoning map of the City of Porterville, shall be changed to show the above described real property is rezoned from RM-3 (High Density Residential) to CG (General and Service Commercial) for the parcel described above, more particularly shown on the attached map as Exhibit “A”.

3. This ordinance shall be in full force and effect not sooner than thirty (30) days from and after the ordinance’s publication and passage.

PASSED, APPROVED, AND ADOPTED this 17th day of January, 2023. ____________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By _________________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 15.

CITY COUNCIL AGENDA – FEBRUARY 7, 2023
SUBJECT: CDBG Citizens’ Advisory and Housing Opportunity Committee and Citizen Participation Plan
SOURCE: Community Development
COMMENT: In preparation for the development of the Annual Action Plan (AP) to be submitted to the federal Department of Housing and Urban Development (HUD), the following items are required: 1) the adoption of the 2023/24 Citizen Participation Plan; and 2) the annual designation and appointment of a Citizens’ Advisory and Housing Opportunity Committee.

HUD requires each jurisdiction that receives formula grants through its Community Development Block Grant (CDBG) Program to prepare and adopt a Citizen Participation Plan. The Plan provides guidelines for the participation of residents in determining the use of CDBG funds. This Plan is reviewed annually for necessary revisions prior to City Council’s adoption of the CDBG Action Plan. In 2020, the Citizens Participation Plan was developed by The Ramsey Group Consultants and is in compliance with federal regulations. Only minor revisions were necessary to the 2023/24 plan to reflect updated contact information and dates (Attachment 1.) The 2023 Citizens’ Advisory and Housing Opportunity Committee Participation Plan Schedule is presented as Attachment "2."
A Citizens’ Advisory committee was established in 1981 to function in an advisory capacity to the Council regarding program design, implementation, and assessment. This Committee consists of seven residents of the city, appointed annually by the Council. The Citizen Participation Plan places particular emphasis on obtaining representation of low and moderate income persons residing in identified slum and blight areas, members of minority groups, the elderly, the disabled, and residents of areas where use of funds is proposed.

Five members of the 2022 committee have expressed their willingness to serve as 2023 Committee members:

Pat Contreras
Rebecca Contreras
Eriselda Lizarraga
Linda Mendez
Isabel Olmos
Applications from Yalimar Garcia and Jacqueline Verduzco Alanis have been Item No. 15.
received, and staff is requesting that they be appointed as members of the CDBG Advisory and Housing Opportunity Advisory Committee for the 2023 program year.

The 2023 Action Plan is in the process of being developed and is planned to be presented to the Council in April 2023. It is anticipated that expenditures for activities will be consistent with previous years. As the sale of the Heritage Center has not been completed yet, a substantial amendment will need to take place to consider reallocating funds for programs that did not take place in connection with that sale or other circumstances.

Community input from the Community Meeting will be presented to the Citizens’ Advisory and Housing Opportunity Committee when they meet on February 28, 2023. The Citizens’ Advisory and Housing Opportunity Committee will give input on the 2023 Draft Action Plan & Amendment to the 2022 AP. The Plans will then be available for a 30-day public comment period and will be taken to the Council for final adoption at its meeting on April 18, 2023.

RECOMMENDATION: That the City Council:

1. Adopt the 2023 Citizen Participation Plan;

2. Appoint existing Committee members Pat Contreras,
Rebecca Contreras, Linda Mendez, Eriselda Lizarraga and Isabel Olmos to the Citizens’ Advisory and Housing
Opportunity Committee for a one-year term; and

3. Appoint Yalimar Garcia and Jacqueline Verduzco Alanis as new members for a one-year term.

ATTACHMENTS: 1. Draft 2023 Citizens’ Advisory and Housing Opportunity Committee Schedule

2. Draft 2023 Citizen Participation Plan

3. Request for Appointment Pat Contreras

4. Request for Appointment Rebecca Contreras

5. Request for Appointment Eriselda Lizarraga

6. Request for Appointment Linda Mendez

7. Request for Appointment Isabel Olmos

8. Request for Appointment Yalimar Garcia

9. Request for Appointment Jacqueline Verduzco Alanis
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Item No. 15.

Final Approver: John Lollis, City Manager
ATTACHMENT 2
CITIZENS’ ADVISORY AND HOUSING

OPPORTUNITY COMMITTEE PARTICIPATION PLAN
SCHEDULE 2023
Advisory Committee Meetings Annually or as deemed necessary by the Committee
Public Hearings (2) February 28, 2023*
April 19, 2023*
Publication of Draft Consolidated Plan and March 10, 2023* – April 18, 2023 1st year Action Plan
Adoption of Consolidated Plan and Action Plan April 18, 2023* Submission of Consolidated Plan and Action Plan May 2023* (or when determined by HUD)
*Dates are subject to change and will be posted at: www.ci.porterville.ca.us City Council hearings, unless otherwise specified, will be held in the City Hall Council Chambers at 6:30 p.m. and livestreamed on YouTube at
https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA.

Citizens’ Advisory Committee meetings and/or hearings, unless specified otherwise, will be held in the Coleman Conference Room in City Hall at 5:00 p.m.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
1 Citizen Participation Plan
Revised January, 2023
Introduction
The City of Porterville (City) is a federal entitlement jurisdiction that receives federal grant funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program.

As an entitlement jurisdiction, the City is required to prepare:
• A Five Year Consolidated Plan (Consolidated Plan) that includes a Citizen Participation Plan (CPP)
• An annual Action Plan (Action Plan)
• An annual Consolidated Annual Performance Evaluation Report (CAPER)

Under HUD’s Code of Final Regulations for the Consolidated Plan (24 CFR Part 91 Sec. 91.105), the City must adopt a Citizen Participation Plan that sets forth the City’s policies and procedures for citizen participation in the planning, execution, and evaluation of the Consolidated Plan, Action Plans, and CAPER. This CPP provides guidelines for the City to provide and encourage public participation by residents, community stakeholders, and grant beneficiaries in the process of drafting, implementing, and evaluating the Consolidated Plan and related documents. The citizen participation process includes outreach, public hearings, community forums, and opportunities for comment.

Definitions
• Action Plan (Action Plan): The Action Plan summarizes the activities that will be undertaken in the upcoming Fiscal Year (FY) to meet the goals outlined in the Consolidated Plan. The Action Plan also identifies the federal and non‐federal resources that will be used to meet the goals of the approved Consolidated Plan.
• Citizen Participation Plan (CPP): The CPP provides guidelines by which the City will promote engagement in the planning, implementation, and evaluation of the distribution of federal funds as outlined in the Consolidated Plan, Action Plan, and CAPERs. • Community Development Block Grant (CDBG): HUD’s CDBG program provides communities with resources to address a wide range of housing and community development needs that benefit very low and low income persons and areas.
• Consolidated Annual Performance Evaluation Report (CAPER): The CAPER assesses the City’s annual achievements relative to the goals in the Consolidated Plan and proposed activities in the Action Plan. HUD requires the City to prepare a CAPER at the end of each fiscal year. • Department of Housing and Urban Development (HUD): HUD is the federal government agency that creates and manages programs pertaining to federal home ownership, affordable housing, fair housing, homelessness, and community and housing development.

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2 • Displacement: Displacement refers to the involuntary relocation of individuals from their residences due to housing development and rehabilitation activities paid for by federal funds. • Eligible Activity: Activities that are allowable uses of the CDBG funds covered by the CPP as defined in the Code of Federal Regulations Title 24 for HUD. • Entitlement Jurisdiction: A city with a population of at least 50,000, a central city of a metropolitan area, or a qualified urban county with a population of at least 200,000 that receives grant funding from HUD.
• Five Year Consolidated Plan (Consolidated Plan): HUD requires entitlement jurisdictions to prepare a Consolidated Plan every five years. The Consolidated Plan is a strategic plan that identifies housing, economic, and community development needs and prioritizes funding to address those needs over a five‐year period.
• Low and Moderate Income (LMI): As defined annually by HUD, Low and Moderate Income (LMI) is 0‐80 percent of area median family income (AMI) for a jurisdiction, with adjustments for smaller or larger families. This includes those individuals presumed by HUD to be principally LMI (abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers). HUD utilizes three income levels to define LMI households:
o Extremely low income: Households earning 30 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) o Very low income: Households earning 50 percent or less than the AMI (subject to specified adjustments for areas with unusually high or low incomes) o Low and moderate income: Households earning 80 percent or less than the AMI (subject to adjustments for areas with unusually high or low incomes or housing costs) • Public Hearing: Public hearings are designed to provide the public the opportunity to make public testimony and comment. Public hearings related to the Consolidated Plan are to be advertised in local newspapers and made accessible to non‐English speakers and individuals with disabilities.
• Substantial Amendments: Amendments are considered “Substantial” whenever one of the following is proposed:
o A change in the allocation priorities or a change in the method of fund distribution o A substantial change which increases or decreases the amount allocated to a category of funding within the City’s entitlement grant programs by 25 percent

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PARTICIPATION PLAN

3 o To implement an activity using CDBG funds for new programs that were not described in the Consolidated Plan
o To change the purpose or intended beneficiaries of an activity approved for CDBG funding, e.g., instead of primarily benefitting lower income households the activity instead proposes to benefit mostly moderate income households

Roles, Responsibilities, and Contact Information
The City is a federal entitlement jurisdiction and is a recipient of grant funding from the federal government.

The City’s Charter established a council and manager form of government. Porterville’s City Council is the elected legislative body of the City and is responsible for approving its Consolidated Plan, Action Plans, Substantial Amendments, and CAPERs prior to their submission to HUD.

It is the intent of the City to provide for and encourage citizen participation, with particular emphasis on participation by lower income persons who are beneficiaries of, or impacted by, entitlement‐ funded activities. The City encourages participation in all stages of the Consolidated Planning process by all residents, including minorities and non‐English speaking persons, as well as persons with mobility, visual or hearing impairments, residents of assisted housing developments, and recipients of tenant‐based assistance.

In general, hearings will be held at City Hall due to its central location, convenient access, and disability accessibility. Translation services will be provided when there is an indication that non‐English speaking persons will be attending. Other reasonable accommodations will be provided on a case‐bycase basis.

The General Contact Information for the City’s HUD Entitlement Programs is:

Jason Ridenour
Community Development Director
[email protected]
291 N. Main Street
Porterville, CA 93257

Citizen Participation Policies
Public Hearings
The City will hold public hearings for Consolidated Plans, Annual Action Plans, CAPERs, amendments made to the CPP, and Substantial Amendments.

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4 The Consolidated Plans, Annual Action Plans, CPP amendments, and Substantial Amendments require two public hearings. One required hearing is a City‐staffed community meeting and one required hearing is before City Council for document adoption. The CAPER requires one hearing before City Council for document adoption.

Community hearings will be held in a community space with consideration for the convenience to beneficiaries of the entitlement program resources.

The City Council public hearings will be held at City Hall Council Chambers located at 291 N. Main Street, Porterville, CA 93257. Listening devices, interpretation services, and other assistance to disabled persons or those with limited English proficiency will be provided upon request, ranging up to five business days prior notification to the City Clerk. Requests 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.

Waivers and Flexibility in Response to Pandemic (if applicable) Legislation aimed at providing relief for individuals and businesses that have been negatively impacted by a pandemic outbreak or public health crisis, such as the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116‐136), can provide CDBG Entitlement Jurisdictions with flexibilities that make it easier to use CDBG grants by authorizing HUD to grant waivers and alternative public hearing requirements with virtual public hearings if: 1) national/local health authorities recommend social distancing and limiting public gatherings for public health reasons; and 2) virtual hearings provide reasonable notification and access for citizens in accordance with the City’s certifications, timely responses from local officials to all citizen questions and issues, and public access to all questions and responses. For any CDBG funds that are used in order to prevent, prepare for, and respond to a pandemic or public health crisis, expedited procedures could be implemented which include notice and reasonable opportunity to comment of no less than five (5) days. The five (5) day period can run concurrently for comments on the action plan amendment and, amended citizen participation plans.

Additionally, CDBG funds that are used in order to prevent, prepare for and respond to a pandemic like the Coronavirus, covered by laws such as CARES Act referenced above, the draft and final documents may only be available online at the City’s website. At the discretion of the City Manager, City Staff will recommend program activities, funding and program modifications for submittal to the City Council without consultation of the Citizens’ Advisory and Housing Opportunity Committee. In this case, the City Manager would have deemed the expeditious completion of these tasks as essential to public safety, health or economy, to prevent, prepare for or respond to the Coronavirus.

Waivers may be granted to CPD Grantees, such as the City of Porterville, with regards to its regulatory Citizen Participation Plan (CPP) requirements specifically required under Citation 24 CFR 91.105(c)(2)

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5 and (k) and could consist of: 1) an immediate reduction in the required 30‐day comment period to no less than five (5) days, with the requirement to provide reasonable notice and opportunity for citizens to comment on substantial amendments concerning the proposed uses of CDBG funds; and 2) a waiver regarding “reasonable notice and opportunity to comment” requirements of the CPP, to allow a grantee to determine what constitutes reasonable notice and opportunity to comment.

Should waivers and flexibilities be granted by legislation as described above, the City of Porterville intends to implement said waivers and flexibilities as it pertains to this CPP.

Accordingly, the City of Porterville plans to vary from its Adopted CPP and will instead follow the below reasonable notice and public comment procedures:
• Public notices will be published in the “Public Notices” sections of the Porterville Recorder and in Spanish in the Noticiero Semanal publications approximately 5 days before a scheduled meeting to decide on any required actions related to the City’s HUD Plans. • The Public notices will note the specific comment period and the meeting date on which the item(s) will be reviewed and action taken.
• Proposed amendments to Plans will be made available for viewing from our website:
http://www.ci.porterville.ca.us/
• Members of the public may submit comments during the five‐day comment period specified in the section above via: 1) by email to [email protected], or, 2) by calling (559) 7827460. • Comments received may be read or received at the scheduled City Council meeting. • The virtual meetings, if held during a scheduled City Council meeting, will be streamed via the City’s YouTube channel https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA and available for participation via a Zoom link to be provided on the posted agenda. Otherwise, the links to access the virtual public hearings outside a regularly scheduled City Council meeting will be available on the City’s website.

Notice of Hearings and Review Periods
To allow the public time to provide comments prior to the submission of approved documents to HUD, the City will hold a minimum 30‐day public review and comment period for the Consolidated Plan, Action Plan, and Substantial Amendment. The City will establish a public review period of at least 15 days for each CAPER and amendments to the CPP. Copies of the draft plans will be available to the public at the Community Development Department, 291 N. Main Street, Porterville, CA 93257.

The City will place public notices at City Hall (291 N. Main Street) and online through the City’s website (www.ci.porterville.ca.us), and through advertisement in a local newspaper of general circulation in advance of a public review and comment period.

To ensure that the public, including minorities, persons with limited English proficiency, persons with disabilities, residents of public housing, and LMI residents are able to participate in the public review

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PARTICIPATION PLAN

6 process, the City will provide residents, public agencies, and other stakeholders with notices on applicable public review periods and public hearings that adhere to the following:
• The notices will be published prior to the start of the public comment period and at least fifteen (15) days before the final public hearing and will include information regarding how to request accommodation and services available for persons with disabilities who wish to attend the public hearings.
• The notices will be distributed to persons and agencies on the contact list maintained by the City for those parties expressing interest in receiving information and updates related to the City’s Consolidated Plan, Action Plan, CAPER, Substantial Amendments and CPP. Interested parties may request to be added to this contact list by sending an email to [email protected], by calling (559) 782‐7460 or by writing to the Community Development Department, 291 N. Main Street, Porterville, CA 93257. • The notices will be distributed through a variety of methods, including e‐mail, newspaper publications and the City’s website at www.ci.porterville.ca.us. The notices will include information on how to obtain a copy of the draft documents and scheduled hearing dates, times, and locations.

• As directed by HUD through written guidelines, and deemed necessary due to the risk of the safety, health or economy of the city, expedited procedures will be implemented which include notice and reasonable opportunity to comment of no less than five (5) days. The five (5) day period can run concurrently for comments on the action plan amendment and, amended citizen participation plans.

The public may file comments on draft plans in writing to the Community Development Department, 291 N. Main Street, Porterville, CA 93257; via email to Jason Ridenour at [email protected]; or by phone at (559) 782‐7460. Comments may also be submitted in person at the Community Development Department, 291 N. Main Street, Porterville, CA 93257, Monday through Friday during business hours, and during the Council adoption hearing.

When necessary or applicable, the City may combine notices complying with several individual requirements into one comprehensive notice for dissemination and publication.

Comments/Complaints on Adopted Plans
Comments or complaints from residents, public agencies, and other stakeholders regarding the adopted Consolidated Plan or related amendments and performance reports may be submitted in writing or verbally to the General Contact at the Community Development Department, 291 N. Main Street, Porterville, CA 93257. Written comments or complaints will be referred to appropriate City staff for consideration and response. The City will attempt to respond to all comments or complaints within fifteen (15) business days and maintain a correspondence file for this purpose.

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7 Availability of Draft and Approved Documents
The draft and final versions of the Consolidated Plan, Action Plan, CAPER, all related amendments, records, and regulations will be available online at the City’s website: www.ci.porterville.ca.us. Hard copies of all documents will be available at the Community Development Department, 291 N. Main Street, Porterville, CA 93257 and upon written request. If the City is unable to provide immediate access to the documents requested, it will make every effort to provide the documents and reports within 15 business days from the receipt of the request.

During the public review and comment period, copies of the document will be available to the public for review at City Hall (291 N. Main Street) and through the City’s website at www.ci.porterville.ca.us.

In the event of a public health crisis, the aforementioned documents will only be available online at the City’s website.

Displacement Policy
As part of the CPP, the City must maintain a displacement policy. Displacement refers to the involuntary relocation of individuals from their residence due to housing development and rehabilitation paid for with federal funds. The City will continue to use existing federal and state relocation guidelines, as applicable, to minimize displacement and to alleviate the problems caused by displacement. Both the federal government and the State of California have specific requirements dictating the amount of benefits and assistance that must be provided to lower income persons and households relocated from their homes as a result of displacement. Depending on the funding source, displaced persons may be offered one or more of the following:
• A rent subsidy for another unit
• A cash payment to be used for rent or a down payment on the purchase of a dwelling unit • Moving and related expenses

The City’s rehabilitation programs may also incur relocation issues when they provide minor additions to existing dwellings in order to address overcrowding. Any temporary relocation costs are included in the rehabilitation loan package offered to clients.

Technical Assistance
The City will, to the extent feasible, respond to requests for technical assistance from entities representing LMI groups who are seeking federal entitlement funding in accordance with grant procedures. This may include, but is not limited to, providing information regarding how to fill out applications, other potential funding sources, and referrals to appropriate agencies within and outside the City. "Technical assistance," as used here, does not include the provision of funds to the entities requesting such assistance. Assistance will also be provided by Community Development Department staff to interested individuals and resident groups who need further explanation on the background

CITY OF PORTERVILLE
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PARTICIPATION PLAN
8 and intent of the Housing and Community Development Act, interpretation of specific HUD regulations, and project eligibility criteria for federal grants.

This plan describes how the City of Porterville will involve citizens in the planning, implementation, and assessment of the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs. The funds must be used for projects which benefit low‐ and moderate‐income persons and/or aid in the elimination or prevention of slum and blight. These programs are intended to assist cities in undertaking neighborhood improvement, economic development, and homeowner assistance programs. Program regulations give ultimate responsibility for the design and implementation of the program to local elected officials, and also require that citizens be given an opportunity to serve in a key advisory role to these elected officials.

ADVISORY COMMITTEE
To ensure that Porterville residents are given a full opportunity to participate in the Program, a Citizens’ Advisory Committee was established in 1981 to function in an advisory capacity to the Mayor and Council regarding program design, implementation, and assessment. This Committee consists of seven (7) residents of the City, appointed annually by the City Council. Citizens and civic organizations have been urged to make recommendations on allocation of the City’s multi‐purpose Community Development Block Grant since 1981/82. The Committee has provided direction in establishing the Housing Rehabilitation Loan Program (HRLP), and other worthwhile projects under CDBG Entitlement Cities and Home Programs which have benefitted low‐ and moderate‐income households within the city of Porterville. In addition to the HRLP, the Committee has recommended the establishment of several revolving loan funds since 1982, including the Sewer and Water Connection Fund, the Public Utilities Revolving Loan Fund (merged in 2012 with HRLP), the First Time Low‐Income Homebuyer Program and the Business Assistance Program. The Committee has also recommended the allocation of funds toward remodeling the Santa Fe Plaza Senior Citizens Center, and inventory of Industrial Land Resources, the Low‐Income Residential Smoke Detector Installation Program, and the Porterville Enterprise Zone Area Infrastructure Improvement Program, the rehabilitation of the Porterville and Glenwood Hotels, the opening of the Porterville Youth Center, and four targeted Curb, Gutter Sidewalk, and Street Light, Neighborhood Improvement Projects, Lime Street Park Improvement Project, and Santa Fe Facility Improvement Project. In addition, the Committee has supported the establishment of economic development programs and public improvement activities such as the completion of the Heritage Center with Section 108 Loan Guarantee funds. Several years ago, the Committee recommended the establishment of the Homebuyer Education Program and the Murry Park Improvement Project. An expansion to the Park Improvement Program was approved in 2010 to include the Lime Street Neighborhood Park and in 2013, the Extension of Murry Park was included and is currently underway. In 2021, the Committee recommended the allocation of funds toward a Fair Housing education program and the development of a multi-sport fields.

The City has taken steps to secure the services of concerned individuals to form the Advisory Committee for the purposes of program model design, implementation, assessment, and development of the Community Development Block Grant Program under the Entitlement Cities criteria. The City places particular emphasis on obtaining representation of low‐ and moderate‐income

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PARTICIPATION PLAN
9 persons residing in slum and blight areas, members of minority groups, the elderly and persons with disabilities, and residents of areas where use of funds are proposed. In continuing its efforts to serve the needs of the public, the City Council has expanded the role of the Committee to incorporate efforts to expand housing opportunities, thereby changing the name to the Citizens’ Advisory and Housing Opportunity Committee.

At the discretion of the City Manager, City Staff will recommend program activities, funding and program modifications for submittal to the council without consultation of the Advisory Committee.

In this case, the City Manager would have deemed the expeditious completion of these tasks as essential to public safety, health or economy.

SCOPE OF CITIZEN PARTICIPATION
Citizens will be involved in all stages of the Community Development Block Grant Program, including the development of the consolidated plan, inclusive of the annual action plan, substantial amendments to the plan, program implementation, assessment of performance, and design of the citizen participation plan. Mechanisms for the citizen involvement include: The Citizens’ Advisory and Housing Opportunity Committee, public hearings and ad hoc community meetings, individual citizen efforts in the form of comments, complaints, or inquiries submitted directly to Marth A. Flores, Porterville Mayor and/or Community Development Department, located in City Hall, 291 N. Main Street, or by telephone, (559) 782‐7460.

Public Hearings
At least two (2) public hearings, open to the entire community, will be held annually. The hearings will provide an opportunity for citizens to identify community development needs, propose projects, and assist in the development of an overall strategy for Porterville. The hearings will also be used to solicit comments on the citizen participation plan more sensitive to local needs and realign the plan with changes in Federal regulations, and to review the HUD annual community assessment, if available. The hearings are typically held in February or March and April or May of each program year.

Consolidated Plan
Participation in the development of the consolidated plan, inclusive of the annual action plan, will occur as follows: at least one (1) public hearing will be held before the proposed consolidated plan is published for comment. Before the City adopts a consolidated plan, the City will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the jurisdiction expects to receive and the range of activities that may be undertaken, including the amount that will benefit persons of very low and low income.

The City will ensure that plans will be available to minimize the displacement of persons and to assist any persons displaced according to Federal regulation standards.

A summary of the proposed use of CDBG funds and, will be made available in Spanish, the predominate non‐English language spoken in Porterville, at all public hearings.

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PARTICIPATION PLAN
10 Advisory Committee proposals and comments, with regard to development of the consolidated plan, will be obtained at Committee meetings or hearings scheduled either at the request of Committee members or program officials. The public is invited to attend these meetings.

The public will be notified of the period, not less than thirty (30) days (or five (5) days as applicable), in which to receive comments from citizens on the consolidated plan. Any comments or views of citizens received in writing or orally at the public meetings will be considered. A summary of these comments or views, and a summary of any comments or views not accepted, and the reasons therefore, will be attached to the final consolidated plan.

Amendments
In the case of proposed substantial amendments to the consolidated plan, the City shall provide reasonable notice and an opportunity to comment on substantial amendments. The public will be notified of the period, not less than thirty (30) days (or five (5) days as applicable), in which to receive comments on the substantial amendments before the amendment is implemented. The meetings regarding the proposed amendments are not required to be public hearings, but will be open to the public to attend. The City will consider any comments or views of citizens received in writing, or orally, at public hearings, if any, in preparing the substantial amendment of the consolidated plan. A summary of these comments or views, and a summary of any comments or views not accepted, and the reasons therefore, will be attached to the substantial amendment of the consolidated plan.

Amendments to the plan will be necessary whenever one of the following decisions is made:
1) To make a substantial change in the allocation priorities or a substantial change in the method of distribution of funds;
2) To carry out an activity using funds from any program covered by the consolidated plan (including program income) not previously described in the consolidated plan; or 3) To substantially change the purpose, scope, location, or beneficiaries of an activity.

Performance Report
Reasonable notice and an opportunity to comment on performance reports will be given to the public.

The public will be notified of the period, not less than fifteen (15) days, in which to receive comments from citizens on the performance report that is to be submitted to HUD before its submission. Any comments or views of citizens received in writing or orally at public meetings will be considered, and a summary of the comments and views will be attached to the performance report.

Citizen Participation Plan
The Annual Action Plan includes noticing and public hearings. All meetings and hearings are publicized in accordance with applicable HUD, state and local regulations. Specifically, the Action Plan includes community meetings, public noticing for 30 days (or 5 days as applicable), and a public hearing. The

CITY OF PORTERVILLE
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PARTICIPATION PLAN
11 City will provide citizens a reasonable opportunity to comment on amendments or revisions to the citizen participation plan and will make the plan public.

Other Method of Participation
Informal, individual contact with citizens, initiated either by citizens or program officials, will also provide input to the consolidated plan. For example, an individual may contact the Community Development Department at (559) 782‐7460 to request consideration of a special project; or program officials may seek the opinion of local business persons as to the need for commercial revitalization.

Program officials will also be available to advise citizens of the procedures for filing objections to the consolidated plan with the U.S. Department of Housing and Urban Development Area Office. Citizen participation in program implementation will occur primarily through consultation with the Citizens’ Advisory and Housing Opportunity Committee. Citizens will be asked to review and comment on specific strategies for approved projects. They will also meet to review any substantial program amendments. All such changes will be discussed with the committee and their comments considered prior to the City taking final action. These meetings will be held on an as‐needed basis.

Program assessment activities by citizens will occur in a variety of ways. Citizens will have the opportunity to comment on the City’s performance for the prior program year during the public hearings for the consolidated and action plan adoption. The public will also be notified of the public comment period for the annual performance report before its submission to HUD.

The Citizens’ Advisory and Housing Opportunity Committee shall function as a forum for public participation in the City’s efforts to affirmatively further fair housing. Prior to the submission of the consolidated plan, the Committee shall discuss and recommend for Council adoption suggested methods of furthering fair housing. As part of the orientation to the program offered at the public hearing, citizens will be invited to submit comments on all aspects of the program performance throughout the program year.

Public comments or complaints regarding the consolidated plan, substantial amendments to the Plan, the Performance Report, or the Citizen Participation Plan should be submitted in writing to the Community Development Director, City of Porterville, 291 N. Main Street, Porterville CA 93257. If a public hearing is held, comments should be submitted within fifteen (15) working days from the date of the public hearing. A timely, substantive written response will be provided by the City within fifteen (15) working days. If the response is unsatisfactory, correspondence may then be addressed directly to: Martha A. Flores, Mayor, City of Porterville, 291 N. Main Street, Porterville, CA 93257. Ms. Flores shall respond within fifteen (15) working days. If the citizen is still dissatisfied, he/she should write to the U.S. Department of Housing and Urban Development Area Office, 1 Sansome Street, Suite 1200, San Francisco, CA 94104, requesting an investigation of the issue. Program staff will also be available during normal business hours to respond to citizen inquires.

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12 TECHNICAL ASSISTANCE
Citizen organizations, non‐profit organizations, and groups of low/moderate income persons or target area residents may propose their own specific program(s). The proposal for a specific program should include the program’s design, its budget, and the scope of proposed activities. Also, the proposal should identify the specific individuals anticipated to carry out activities and provide a summary of their experience and training.

Technical assistance which may be provided by City staff is limited to proposals that are considered eligible uses of CDBG funds, and not intended to assist citizen organizations, non‐profit organizations, and groups of low/moderate income persons or target area residents applying for funding from other grant sources. The Citizens’ Advisory and Housing Opportunity Committee may direct staff to provide technical assistance that may consist of staff or local expert presentations, informational handouts, research of a specific issue, or other short‐term efforts.

PUBLIC INFORMATION
The City will also undertake the following public information efforts to promote citizen participation:
• The public noticing pertaining to the community meetings, Council work session and public hearing are published in both English and Spanish. Public notices of all public hearings will be published in the Porterville Recorder and Noticiero Semanal at least ten (10) days before the scheduled hearing and fifteen (15) days prior to the final public hearing. These notices will indicate the date, time, location, and topics to be considered. Upon notification, arrangements will be made by the City to accommodate persons with disabilities. The public notices also will be made available in the form of press releases and as a public service announcement to local radio stations. Public hearing notices will indicate that summary statements of projected use of CDBG and/or HOME funds will be available in Spanish, the predominant non‐English language spoke within the city. Additionally efforts will be made by providing notices to our local non‐profit partners to share and publish for public viewing, and publishing on the City website which includes the Agenda and meeting minutes.
• Notices will also be published in the Porterville Recorder to notify the public of the period, not less than thirty (30) days (or 5 days as applicable) for the consolidated plan or substantial amendments to the plan, or fifteen (15) days (or 5 days as applicable) for the performance report, in which to receive comments from citizens before submission of the plan or report to HUD. All notices will include information that complete copies of the proposed plan or report will be available for public review at City Hall (291 N. Main Street). A reasonable number of free copies of the plan or report will be provided to citizens and groups that request it. • Orientation information will be provided at the first public hearing conducted by the Citizens’ Advisory and Housing Opportunity Committee. City staff will make a presentation which covers: the total amount of funds available and the basis for award; the range of eligible activities and those previously funded in the community; the planning process and the schedule of meetings and hearings, the role of citizens in the program, a summary of other

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
13 important program requirements, such as: environmental policies, fair housing provisions, and contracting procedures. Some of these topics will be covered in written materials. • A public file containing program documentation for the preceding five (5) years will be available for review at City Hall during normal business hours. Included will be copies of the Consolidated Plan, Environmental Review Record, the Citizen Participation Plan, and the Consolidated Annual Performance Evaluation Report. Other program documents are also available for citizen review on request at City Hall, consistent with applicable State and local laws regarding personal privacy and obligations of confidentiality. Upon request, materials will be made available in a form accessible to persons with disabilities.

Rebecca Contreras
Porterville CA 93257
January 6, 2023
Lori Halleck
CDBG, City of Porterville
291 N. Main Street
Porterville CA 93257
To Whom it May Concern:

My name is Rebecca Contreras and I’m requesting to be a part of the CDBG committee for the 2023 year.

Last year was my first year as a committee member and I felt being a member was rewarding because I got to understand what the committee is a part of. At the time we were still under the blanket of the pandemic and had a Zoom meeting. I look forward to meeting all members, new and experienced and understanding more of the services and discussing the topics at hand.

Please consider me again as member for CDBG committee.

Sincerely,
Rebecca Contreras

Page 1 of 2 ends

CITY OF PORTERVILLE

REQUEST FOR APPOINTMENT
Please complete all blanks.

Name: Linda Mendez
(Please Print)
Appointment to: CDBG Advisory Committee
(Name of Board, Commission, or Committee)
X Reappointment; or IF NEW, Please provide:

Street Address:

Porterville, CA 93257
Mailing Address: same as above
Name of Business: Community Services Employment Training □ Own X Operate
Business Address:

Visalia, CA 93291
Telephone: Home
Work
FAX
E-mail

Page 2 of 2 ends

□ □
City of Porterville resident: Registered Voter:

X Yes X Yes
No No
Qualifications: (It is recommended that a resume or letter accompany this form.) Employed with CSET since 1988 roles and responsibilities: 2013 to present, Compliance Director: Conduct internal monitoring and audits, review and evaluate scope of work and performance outcome, review documentation to ensure staff is complying with contract requirements and procedures, identify best practices and make recommendations for improvement, create evaluation tools; forms and tracking spreadsheets. In 2002 Director of Program Services & Information: overseen Management Information Systems for CSET, maintaining all participant information, ensuring data integrity of systems. In 1995 Youth Development Director: overseen youth services countywide, maintained program budgets, supervised sixty employees, monitored staff to ensure compliance with grant requirements.

Please tell us why you are interested in this position.

Re-appointed to the CDBG Advisory Committee helps me serve as advocate to the community and low- to moderate-income families we represent. My experience and skills will guide me in providing and recommendations on housing needs, employment and business development.

Resume attached x Letter of request attached
Submitted By: Linda Mendez 1/4/23
Date
Received by:

Forwarded to: City Clerk □ Date:

City Council □ Date:

Staff Liaison □ Date:

Tentative Council Mtg Date:

Nomination Form – 2014 Awards Program

___ Man of the Year
_X__ Woman of the Year
Name of Nominee: ________Isabel Olmos__________________________ Nominee’s Address: ____________________
Nominee’s Telephone Number:

Please complete the following sections with as much information as possible. Up to three letters of recommendation may be submitted with nomination form. Selection of the Man and Woman of the Year is made from the information provided. No other research will be done by the committee. Attach additional sheets if necessary.

Summary of Nominee’s Business/Professional Activities (i.e. Porterville Chamber of Commerce, other local business associations, professional organizations, etc.) Isabel has participated on a number of community boards to include:
• Family HealthCare Network Board of Directors 1982-1994 (prior to becoming an employee) • Tulare County Workforce Investments Board 2000
• Migrant Program Policy Council 2000
• Family Services of Tulare County 2000
• Self Help Board of Directors 2003-2015
• Porterville Chamber Leadership Class of 2002
• Porterville Chamber Ambassador 2002-present
• Porterville Health Academy of Science-Advisory Board
Summary of Nominee’s Civic or Community Involvement (i.e. Non-Profits, Schools, Athletics, Cultural Arts, Government, etc)
I am continually amazed at the amount of energy Isabel has and how she participates in so many activities. She truly inspires me. Once an individual meets Isabel she knows that she/her can always call her to say “yes”, or “I will help”. She has earned the respect of many communities within Tulare County over the last several years.

Isabel participates on a number of committees and boards, some of which are listed below:
• Mariachi Academy-Board of Directors 2010
• Step Up Committee - Present
• Tulare County Sheriff Volunteer 2013
• Comision Honorifica Mexicana-Americana, Inc. -Board of Directors-Present • Springville Community Group-Present
• Toys for Tots
• Salvation Army Bell Ringer
• Relay for Life 2013
• Catholic Daughters of America
• Leadership Porterville
• St.Anne’s Alter Society
• Alta Vista School - Healthy Start
• Head Start Migrant Program Policy Council
• The Connect – an Orosi community group
• Family Referral, Education and Empowerment Collaborative • Part of an organization (was against poverty to start food stamp program in Tulare County and opened a credit union for farm workers).
• Worked for El Futuro Credit Union for 27 years empowered members on obtaining credit reports, loans and checking accounts.
• and many other committees organizing health fairs and community events and many other organizations that I am not aware of.

Summary of Nominee’s Community Leadership (i.e. President, Campaign Chair or Chief Volunteer for Civic or Community Organizations, Business or Professional Organizations or other Local Organizations) As a member of the Community Relations Department for Family HealthCare Network Isabel has the opportunity to meet a variety of individuals through her participation in many community events and numerous presentations to youth groups, community-based organizations and employer groups. She is very aware and understands the needs in the communities of Tulare County.

Isabel comes from a farm-worker background and knows first hand how it is to work in the fields as well as the hardships and barriers farm-workers encounter. She is very proud of her parents who worked the crops to put food on so many tables. Coming from a low income, single parent home has made Isabel have a different view of the importance that people have in our lives. Isabel had the opportunity to have “on the job training” from a youth program at the age of 15 years. She worked in addition to attending school and understands the importance of managing multiple demands. Isabel has overcome many hurdles in her life and she still continues to succeed in everything she does.

Isabel participated in a program called “Straight Activities”. This was a program to help troubled youth. She would work with youth to mentor, big sister or role model to help build self-esteem. She would also assist with painting over graffiti to teach youth to have a cleaner environment and take pride in their city.

Isabel has a heart to empower farm-workers and individuals with limited income to empower themselves. She is a leader in her community and is respected by those she assists. She is a friend, confidant and blessing to everyone she comes in contact with. Isabel always has a smile and kind word for everyone she encounters. She is truly an inspiration to all.

Summary of other special recognition the Nominee may have received previously (i.e. Other awards and recognition, success as an advocate of Porterville outside of the community, association with a major and/or one-time event of importance, political appointments or elections) Soroptimist International of Visalia “Women of Distinction” Award – (Former title), 2000. The Soroptimist Ruby Award recognizes and honors the first federation president, Ruby Lee Minar. A ruby is also a deep red gemstone associated with wisdom, importance, vitality, strength, vivacity, power and love:
all words embodying the strong and compassionate women who are award recipients. The Soroptimist Ruby Award honors women who have worked to improve the lives of women and girls through their professional and/or volunteer work.

Porterville Cinco De Mayo Grand Marshal, 2005. Selected by Comision Hornorifica MexicanaAmericana, Inc. to be the dignitary at the parade.

Anita de la Vega Community Service Award, 2013. The Anita de la Vega Community Service Award was established in 2010 in memory of Anita de la Vega, a founding clinician at Family HealthCare Network who dedicated her career to serving the underserved. The award recognizes individuals who have followed in Anita’s footsteps serving the community and the underserved and are respected for their tenacity, mentorship, work ethic and commitment to community service.

Please attach a sheet containing any other factors that you feel make the Nominee a deserving recipient of this award
Isabel Olmos has been an employee at Family HealthCare Network (FHCN) for over fifteen years.

Isabel can be found just about anywhere in Tulare County on any day of the week providing valuable information about programs and services offered at FHCN and within the community. She is very dedicated and committed to promoting services to the community and is very supportive of the Mission of FHCN.

Isabel is very concerned about patients and individuals in the community. She will go above and beyond the call of duty to assist patients or community members assisting with paperwork or finding necessary answers or services. Isabel can even be found late in an evening or early in the morning at someone’s home in order to accommodate a work schedule. She is available morning, noon or night.

She will put someone else’s needs before hers.

Isabel also finds time for her family and her faith. She is actively involved in her children’s activities and is also an active participant in her Church functions. Her faith and family commitment is reflected in her three children. She has taught them the importance of values and integrity. This commitment is shared in her interactions with co-workers and others. She is concerned for the other individual before herself.

Information of Person submitting nomination
Your Name and Organization: ___Janet Paine, Anthem Blue Cross ________________________ Your Telephone Number: ___ (Day) ____ _________ (Evening) Nominations must be submitted to the Porterville Chamber of Commerce no later than 5:00 p.m., Friday, September 5, 2014.

If you have any questions, please contact the Chamber at 784-7502.

Item No. 16.

CITY COUNCIL AGENDA – FEBRUARY 7, 2023
SUBJECT: Consider a Letter of Commitment as a Key Community Partner to the Tulare County Regional Transit Agency as the Lead Applicant to the United States Department of Transportation "Thriving Communities Program" SOURCE: City Manager's Office
COMMENT: The United States Department of Transportation (USDOT) "Thriving Communities Program" (TCP) is a federal grant funded program designed to provide technical assistance, planning, and capacity building support to advance a pipeline of transportation and community revitalization activities that increase mobility, reduce pollution from transportation sources, expand affordable transportation and housing options, improve health outcomes, facilitate efficient land use, preserve or expand jobs, and enhance connections to healthcare, education, and food security to benefit disadvantaged populations and communities. The TCP will support and build local capacity to improve project acceleration, access to and management of federal funding, and deployment of local hiring, workforce development and inclusive community engagement practices.

The Tulare County Regional Transit Agency (TCRTA) submitted a Letter of Interest to the TCP, which TCRTA was recently notified by the USDOT that it is a finalist for up to $25 million in federal grant funding to assist both the City of Porterville and the Tule River Tribe as identified Key Community Partners in receiving two years of highly technical assistance to assist in planning and developing a pipeline of transportation, housing and community revitalization activities. As an identified Key Community Partner, the City and the Tribe would need to provide Letters of Commitment to support the two year planning effort, should the TCRTA be selected for funding.

RECOMMENDATION: That the City Council consider approval of the Letter of Commitment as a Key Community Partner to the Tulare County Regional Transit Agency as the Lead Applicant to the United States Department of Transportation "Thriving Communities Program."
ATTACHMENTS: 1. Draft Letter of Commitment to Thriving Communities Program

2. United States Department of Transportation "Thriving Communities Program" Overview
Appropriated/Funded:

Item No. 16.

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
February 7, 2023
Tulare County Regional Transit Agency
210 N. Church Street, Suite B
Visalia, California 93291
RE: Thriving Communities Program Letter of Commitment
The City of Porterville is listed as a key community partner in the Letter of Interest (LOI) submitted to the United States Department of Transportation (USDOT) by the Tulare County Regional Transit Agency to participate in the Fiscal Year 2022 Thriving Communities Program (TCP) to receive technical assistance, planning and capacity building support from capacity building providers (“Capacity Builders”) that are funded through the USDOT.

This letter of commitment verifies that the City is committed to working with the lead applicant and other community partners identified in the TCP LOI to advance the local vision and needs articulated in the LOI.

If selected for participation in the program, the City commits to regularly engaging with the assigned TCP Capacity Builder and members of the TCP Community of Practice.

This includes the potential to participate in annual TCP meetings with Capacity Builders and the USDOT, noting that funding is provided through the program to support participation of three individuals in total from the Porterville community.

The City looks forward to participating in the TCP to build capacity in City’s organization and community to advance transformative infrastructure projects.

Sincerely,
Martha A. Flores, Mayor
City of Porterville

Item No. 17.

CITY COUNCIL AGENDA – FEBRUARY 7, 2023
SUBJECT: Consider the Formation of a City Council Ad Hoc Committee to Annually Review the Implementation of the City's General Plan.

SOURCE: City Manager's Office
COMMENT: At its meeting on January 17, 2023, the City Council approved Council Member Weyhrauch's request that the Council consider the formation of a Council Ad Hoc Committee to annually review the implementation of the City's General Plan.

Government Code 65400 (attached) mandates that all local jurisdictions (Counties and Cities) must prepare and submit to its legislative body a General Plan Annual Progress Report (APR), and then subsequently submit the APR to the State Office of Planning and Research (OPR) and Department of Housing and Community Development (HCD) by no later than April 1st of each year.

Senate Bill 1333 removed the charter city exemption from this requirement effective January 1, 2019 and was codified in Government Code 65700 (attached), although the legal authority is ambiguous and remains in some dispute. State OPR has prepared a presentation that provides an overview of what the APR should include and methods and processes of submission (attached).

City staff conferred with the other eight local jurisdictions in Tulare County on its preparation of an APR, and it would appear that only the City of Tulare began preparing the APR in 2019 (example attached). City staff also inquired of its contract planner as to the cost to prepare the APR for calendar years 2019, 2020, 2021 and 2022. The estimated cost to complete the reports from 2019 through 2022 is $7,000.

Consistent with Council Member Weyhrauch's request, and perhaps a beneficial governance process in preparation for beginning development of the City's 2050 General Plan in 2025, the Council could approve the formation of a Council Ad Hoc Committee to prepare the APR with City staff for presentation to the City Council and public. The Council Ad Hoc Committee could work with City staff and the contract planner in preparing the 2019, 2020, 2021 and 2022 APR's, for submission to State OPR and HCD by April 1, 2023.

RECOMMENDATION: That the City Council consider the formation of a Council Ad Hoc Committee to annually review the implementation of the City's General Plan.

Item No. 17.

ATTACHMENTS: 1. Government Code 65400

2. Government Code 65700

3. General Plan Annual Progress Report Overview

4. City of Tulare General Plan 2021 Annual Progress Report Appropriated/Funded:

Review By:

Department Director:

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

General Plan Annual
Progress Report Overview
JANUARY 20, 2022

BRIANNE MASUKAWA, ASSOCIATE PLANNER

GOVERNOR'S OFFICE OF PLANNING AND RESEARCH (OPR)
1 General Plan Overview
Required Elements
Land Use
Circulation
Housing
Conservation
Open Space
Noise
Safety
Environmental Justice*
Air Quality*
2 Topical Considerations
Climate Change
Public Health
Equity
Resilience
Economic Development
What is the
General Plan
(GP) Annual
Progress Report
(APR)?
3 A report to the legislative body
and public regarding the
implementation of the General
Plan for a given year (can be fiscal
or calendar)
The GP APR must be presented to
the local legislature for review and
acceptance, usually as a consent or
discussion item on a regular
meeting agenda
APR Deadline
All local jurisdictions (cities and counties)
are required to submit an APR to their
legislative body, OPR, and HCD by April 1st
each year.
◦ Effective January 1, 2019, SB 1333
removed the charter city exemption for
this requirement. See GOV
65700, Amended by Stats. 2018, Ch. 856,
Sec. 3.
◦ Housing Element APR is separate from the
GP APR, and must be submitted to HCD
and follow HCD’s requirements (see HCD’s
presentation for details)
4 GP APR Content Considerations
5 No standardized form or format
Does not need to include all elements
It can borrow from other jurisdiction reports if it relates back to the implementation of the GP such as "performance reports", "budget reports", or "state of the city" reports.

Reporting on planning activities is required even when undergoing a comprehensive update
Suggested GP
APR Contents
• Introduction, Table of Contents, Date of last GP
update, Date GP APR accepted by local
jurisdiction
• GP Implementation measures and specific
examples of implementing actions for the year
• The degree of concurrence with OPR guidelines
and new GP requirements (e.g., Environmental
Justice, Native American
consultation, collaboration with military, etc.)
• Local legislative priorities for land use decision
making (emergency ordinances, moratoria, etc).
6 Suggested GP
APR Contents
(cont.)
• Goals, policies, objectives, standards or other plan
proposals that need to be added or were deleted,
amended, or otherwise adjusted.
• One or more of the following with specific references to planning activity. These may include, but are not
limited to:
• Master plan creation and/or updates
• Environmental assessments
• Specific plan creation and/or updates
• Annexation studies, and other studies or plans
• General Plan amendments
• Major development applications processed
7 Additional Content
8 1. Interagency or intergovernmental coordination efforts and areas for improvement

2. The implementation of mitigation measures from GP Final EIR or Negative Declaration

3. Equity planning considerations, such as impacts to ethnic groups or socioeconomic populations
Summarize
efforts to:

Promote infill development,
reuse, and redevelopment
particularly in underserved
areas while preserving cultural
and historic resources
Protect environmental and
agricultural resources and other
natural resources
Encourage efficient development
patterns
9 Describe the
Jurisdiction's
Strategy for:

Economic development – Depending
on the needs of your jurisdiction, this
analysis could include information on
the ratio of jobs to dwelling units, tax
revenues, demographics, census
information, etc.

Monitoring long-term growth – For
example: population growth,
employment growth, land
use development, and the provision of
adequate supporting public services
and infrastructure
10 Other Actions
Related to
General Plan
Implementation
11 Outline department goals, objectives, activities and responsibilities, as they relate to land use planning.

Perform a regional or sub-regional outlook of population growth, housing, job generation, and other socioeconomic trends.

Summarize the comments of other boards and commissions on the general plan implementation.

Identify and monitor customer service improvements and methods to encourage public involvement in planning activities.

Review and summarize grant administration for land use planning activities.

Provide a technology review such as implementation of Geographic Information Systems (GIS) or establishment of web sites.

GP APR Submission to OPR
12 Option 1: Submit the
General Plan APR
Submission Form.

This is OPR’s preferred
method of submission.

Option 2: Email as
an attachment to
[email protected].

GP APR Submission to OPR
Option 1: General Plan APR Submission Form
Questions in the form ask for the following:

1. Appropriate contact information (name, department, email, phone number)

2. Jurisdiction type (city, county, city/county)

3. Name of Jurisdiction (city name, county name)

4. Reporting period type of General Plan APR being submitted (fiscal or calendar)

5. Reporting period of General Plan APR being submitted

6. Date of presentation or acceptance by a local legislative body. Planned dates are acceptable as well.
13 GP APR Submission to OPR
Option 1: General Plan APR Submission Form
14 Available at the
SurveyMonkey
link here.

GP APR Submission to OPR
Option 1: General Plan APR Submission Form
15 GP APR Submission to OPR
Option 1: General Plan APR Submission Form
16 GP APR Submission to OPR
Option 1: General Plan APR
Submission Form
Additional Guidance
• General Plan Annual Progress Report
(APR) Submission Form (powered by
SurveyMonkey): Step-by-Step Guide
17 GP APR Submission to OPR
Option 2: Email
OPR encourages attaching a cover letter to the
General Plan APR with all the following information:

1. Appropriate contact information (name, department, email, phone number)

2. Jurisdiction type (city, county, city/county)

3. Name of Jurisdiction (city name, county name)

4. Reporting period type of General Plan APR being submitted (fiscal or calendar)

5. Reporting period of General Plan APR being submitted

6. Date of presentation or acceptance by a local legislative body.

Planned dates are acceptable as well.

Formatting Guidance
• Please be mindful of
file size.
• File type: Microsoft
(doc, docx) or PDF
• Hyperlinks are
acceptable
18 GP APR Submission to HCD
19 Option 1: The HCD has developed an online portal system as an alternative to emailing the APR. To use the online system, email [email protected] and request login information for your jurisdiction.

Option 2: The GP APR can also be submitted as an attachment in an MS Office application or PDF to [email protected].

Some
Reminders…

1. No penalties for submitting GP APR to OPR past
April 1

2. You can technically submit an APR before
conducting a local public hearing and approval
process, but jurisdictions are encouraged to
resubmit GP APR to OPR after doing so.

3. According to Government Code Section
65040.5(a) and (b), OPR is tasked with notifying
a city or county if a general plan has not been
revised within eight years and will notify the
Attorney General if a general plan has not been
revised within ten years.
20 21 GP vs. Housing Element APR
General Plan APR Housing Element APR
Deadline
All jurisdictions required to
submit to local
legislature, OPR and HCD by
4/1
All jurisdictions required to
submit to local
legislature, OPR and HCD by
4/1
Reporting Year
Type Calendar or Fiscal Calendar
Format
Requirements None
Standardized format: New
requirements (AB 879, SB 35,
AB 1486, AB 1255)
Helpful Links
OPR – General Plan Information: General Plan
Annual Progress Report
(https://opr.ca.gov/planning/general-plan/)
HCD – Annual Progress Reports (APRs)
(https://www.hcd.ca.gov/communitydevelopment/annual-progress-reports.shtml) 22 Thank you!
Brianne Masukawa, Associate Planner
If you have any questions or concerns, please
email [email protected] or
[email protected].
23 GENERAL PLAN
2035
2021 ANNUAL PROGRESS REPORT
City of Tulare Planning Division
411 E. Kern Avenue, Tulare, CA 93274
Tulare General Plan APR Implementation Measures Status – Page 1 Page intentionally left blank
Tulare General Plan APR Implementation Measures Status – Page 2 General Plan Background
A jurisdiction’s General Plan addresses state General Plan requirements. California law requires that every city and county adopt a long-term General Plan that addresses seven specific topics or “elements,” organized in any format or structure preferred by the community. The General Plan may also address other topics the community feels are relevant. Regardless of the format or issues addressed, the Plan must be internally consistent.

The City of Tulare General Plan 2035 is a long-range planning program to guide the orderly growth and development of the Tulare planning area over the long term. The General Plan clearly communicates the City’s vision of its future and establishes a policy framework to govern decision-making concerning the physical development of the community. It also provides assurances that the community at large will be supported by an adequate range of public services and infrastructure systems.

Purpose of the General Plan Annual Progress Report
California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) each year on the General Plan and progress on its implementation to the legislative body, (in this case the City Council), followed by the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD). The four basic purposes of the annual report are as follows:
• To provide information to assess progress on implementation of the General Plan in accordance with the stated goals, policies, and implementation measures. • To provide information to identify necessary course adjustments or modifications to the General Plan as a means to improve implementation.
• To provide a clear correlation between land use decisions made during the reporting period, and the goals, policies, and implementation measures in the General Plan. • To provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of housing.

Last year’s 2020 APR was the City of Tulare’s first APR regarding the 2035 General Plan overall. The APR covers the period of the previous calendar year. This APR covers calendar year 2021. The APR for the General Plan and for the Housing Element of the General Plan have separate reporting requirements and forms, and as such have been prepared as two separate documents. Both APRs are being presented to the Planning Commission, City Council, and then submitted separately to both OPR and HCD.

The rest of this report will present the chronology of adopted amendments to the General Plan through 2021, present major milestones & projects that occurred in the reporting period, a status update of the implementation measures for the General Plan, and finally a summary of any grants received to assist in implementing the General Plan, along with the next areas of focus in the plan’s continued implementation.

Tulare General Plan APR Implementation Measures Status – Page 3 Adopted General Plan Amendments
State law allows the General Plan to be amended up to four times annually. This allows the General Plan to remain a current document responsive to the community’s needs. Requests for amendments may be submitted by individuals or initiated by the City. Amendments to the Tulare General Plan through December 2021 are listed below. There were no General Plan Amendments approved in 2021.

Amendments to the Tulare General Plan (October 2014-December 2021) General Plan
Amendment (GPA)
Number
Action Applicant Description
GPA 2014-01 Approved Resolution 15-14
May 5, 2015
DR Horton Changed the General
Plan land use
designation on 7.99
acres from Medium
Density Residential to
Low Density
Residential, including
amending the Del Lago
Specific Plan to build
47 single family homes
just south of the
Franzia Tulare winery,
between Mooney Blvd.
& Solaria St.

GPA 2016-02 Approved Resolution 16-35
July 19, 2016
Tulare County
Housing Authority
Changed the General
Plan land use
designation from
Service Commercial
and Low Density
Residential to High
Density Residential on
a ½ acre site located at
the northeast corner of
Inyo Avenue &
Sacramento Street for
the construction of a
10-unit multi-family
apartment complex.

GPA 2015-14 Approved Resolution 17-04
January 17, 2017
Monterey Dynasty,
LLC
Changed the General
Plan land use
designation from Low
Density Residential to
Community
Commercial on 4.74
acres at the southeast
corner of ‘M’ Street
and Cartmill Avenue to
Tulare General Plan APR Implementation Measures Status – Page 4 construct a 24,500 sq.
ft. 5-story/136 room
hotel with swimming
pool, 400-seat
conference center/hall,
4,000 sq. ft.

Restaurant/bar,
outdoor wedding
venue, and parking
areas.

GPA 2016-03 Approved Resolution 17-24
June 26, 2017
Teo Albers Changed the General
Plan land use
designation on 6.76
acres from Community
Commercial to Low
Density Residential and
on 4.01 acres from
Community
Commercial to Medium
Density Residential on
the southeast corner of
‘J’ Street and Cartmill
Avenue to construct a
planned single-family
and multi-family
residential community.

GPA 2017-01 Approved Resolution 17-26
June 26, 2017
Jonathan Van Ryn Changed the General
Plan land use
designation from
Community
Commercial to Low
Density Residential on
approximately 0.29
acres located at the
northwest corner of
Merritt Avenue and
Gem Street to resolve
existing nonconforming zoning and
construct a pool house
and garage at existing
residential property.

GPA 2017-02 Approved Resolution 17-43
September 19, 2017
Great Valley Land
Builders, LLC
Changed the General
Plan land use
designation from
Community
Commercial and
Medium Density
Tulare General Plan APR Implementation Measures Status – Page 5 Residential to Low
Density Residential on
approximately 19.5
acres just east of
Mooney Blvd. &
halfway between
Tulare Avenue and
Seminole Avenue to
construct an 88 lot
single-family
residential subdivision.

GPA 2018-01 Approved Resolution 18-51
September 18, 2018
Central Pacific
Development Group
Changed the General
Plan land use
designation on
approximately 7 acres
at the northwest
corner of Bardsley
Avenue and West
Street from
Neighborhood
Commercial to Low
Density Residential
GPA 2018-02 Approved Resolution 18-72
December 18, 2018
City of Tulare Changed the General
Plan land use
designation on 14
properties citywide to
accommodate both the
2008-2014 (4th Cycle)
and 2015-2023 (5th
Cycle) Housing
Elements Regional
Needs Housing
Allocation (RHNA)
GPA 2019-01 Approved Resolution 19-32
August 6, 2019
Three River
Development, LLC
Changed the General
Plan land use
designation on 3.83
acres from Office
Commercial to
Community
Commercial on
property located south
of Prosperity Avenue
between Brentwood
and Laspina Streets to
construct a commercial
shopping center with
Tulare General Plan APR Implementation Measures Status – Page 6 drive-through fast-food
restaurants.

GPA 2017-03 Approved Resolution 19-49
October 22, 2019
West Coast
Construction
Changed the General
Plan land use
designation on
approximately 127
acres from Regional
Commercial to a
combination of
Regional Commercial,
Low Density
Residential, Medium
Density Residential,
High Density
Residential, and Parks
and Recreation
GPA 2019-02 Approved Resolution 2020-05
February 4, 2020
Woodside 06N LP Changed the General
Plan Land Use
designation on
approximately 76.5
acres from a
combination of Low
Density Residential,
Residential Estate, and
Rural Residential to all
Low Density Residential
on property west of
Morrison Street
between Tulare
Avenue and Seminole
Avenue for the
development of a 358
single-family
residential subdivision
GPA 2020-01 Approved Resolution 2020-13
April 7, 2020
Three River
Development, LLC
Changed the General
Plan land use
designation on 0.38
acres from Office
Commercial to
Community
Commercial on
property located south
of Prosperity Avenue
between Brentwood
and Laspina Streets to
construct a commercial
shopping center with
Tulare General Plan APR Implementation Measures Status – Page 7 drive-through fast-food
restaurants.

GPA 2020-03 Approved Resolution 2020-58
December 15, 2020
San Joaquin Valley
Homes
Changed the General
Plan land use
designation on
approximately 24 acres
from Medium Density
Residential and
Community
Commercial to Low
Density Residential on
property at the
northwest corner of
Mooney Boulevard and
Cartmill Avenue
Major Development Project Milestones
Construction was approved, initiated, or completed within the City of Tulare for the following major projects during the 2021 calendar year:

Prosperity Mall (In-N-Out & Raising Cane’s) – A new retail commercial center of 3.83 acres located on the south side of Prosperity Avenue mid-block between Brentwood Street and Laspina Street, next to Evolutions gym. The new commercial center includes Tulare’s first In-N-Out burger restaurant & Raising Cane’s chicken fingers restaurant. Construction was completed and both restaurants opened in late 2021.

The Vineyard – This is a new retail commercial center of approximately 11 acres on the northwest corner of Mooney Boulevard (SR-63) and Prosperity Avenue. So far a Dutch Bros coffee kiosk with drivethrough and outdoor seating has opened in 2021.

St. Rita’s Catholic Church (new campus at new location) – A new campus with a larger capacity sanctuary broke ground in 2021 for St. Rita’s Catholic Church. The campus consists of phased construction of five buildings, starting with the Sanctuary & Day Chapel Building, and eventually including a Youth Center/Parish Hall, Classrooms Building, Parish Office Building, and a Rectory. The campus project is located on the southwest corner of Bardsley Avenue and Morrison Street.

Residential Permits – Several residential subdivisions continue to build out with substantial milestones or completion on the following occurring in 2021:
• Kensington 3-4 – Broke ground and began construction on a 111 lot single-family residential subdivision located on the northwest corner of Cartmill Avenue and Mooney Boulevard. • Oakcrest – Broke ground and began construction on a 213 lot single-family residential subdivision located on the north side of Tulare Avenue and east of Enterprise Street.

Tulare General Plan APR Implementation Measures Status – Page 8 • Hidden Ridge – Broke Ground and began construction of infrastructure for a 32 lot single-family residential subdivision located on the north side of Bardsley Avenue from just east of Stoney Creek Street to just east of Texas Flat Street.
• The Greens @ Oak Creek – Broke ground and began construction for a 139 lot SFR subdivision located north of Tulare Avenue and on the east side of Mooney Boulevard (SR-63), approximately mid-way between Tulare Avenue and Seminole Avenue.

Implementation Measures Status Update
The General Plan sets the foundation and policy framework for future growth and development. It addresses a range of issues and policies that directly affect every aspect of community life. The City implements its General Plan visions, goals, and policies through the use of many programs, projects, and tools. These implementation measures ensure the overall direction set forth in the General Plan is translated from general ideas into action, and the City’s vision for its future is met. The following table shows the status of the various implementation measures in the General Plan, some of which have been completed and several which are in progress and ongoing as part of the daily operations in the City.

Status updates to report for the planning period of 2021 are shown in bold text.

City of Tulare General Plan Annual Progress Report
Implementation Measures Status (2021)

LAND USE ELEMENT
Implementation
Measure Description Responsibility Quantified Objective Time Frame Status Implementation
Measure LU-1:

Urban
Development
Boundary
The City shall evaluate the
urban development boundary
(UDB) every five years to
ensure there is enough capacity
to accommodate anticipated
growth and adequate utility, city
service, and infrastructure
capacity to accommodate
anticipated growth.

Planning
Division N/A
Every five
years and
Ongoing
The City still has adequate capacity to
accommodate anticipated growth and
adequate services within the UDB. The
City completed two annexations in
Spring 2020, one in the north and one
in the southeast of the City, to bring in
additional land needed to support
residential and commercial growth.

The City is working on a large
annexation near the COS Tulare
Campus in the southeast part of the
City and has received an annexation
application in 2021 for
approximately 37 acres in the
northeastern part of the City. As
such, there continue to remain
enough areas within the existing
UDB to accommodate anticipated
growth.

Tulare General Plan APR Implementation Measures Status – Page 1 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-2:

Compact & Infill
Development
The City shall develop zoning
incentives to encourage
innovative design in both infill
and newly developing areas
that optimizes the use of vacant
land through flexible
development standards, shared
parking, landscaping, and site
amenities.

Planning
Division N/A By 2020
The City has been awarded a LEAP
grant to assist in the
comprehensive update of the City’s
Zoning Ordinance to make a
number of revisions, including
revisions to incentivize infill
development, as described in this
implementation measure. In 2021
the City of Tulare selected a
consultant through an RFP
process to begin working on this
effort with City planning staff.

Implementation
Measure LU-3:

Compact
Development
The City shall develop and
maintain an inventory of
available vacant sites that have
potential for infill development.

Planning
Division N/A Ongoing
Using Google Maps/Earth, the City
Planning Division has created maps
of available vacant sites with potential
for infill development, prioritizing sites
within the City’s Transit Oriented
Development areas and along major
transportation corridors. The City is
using the SB2 Planning Grant to
digitize and provide this information in
GIS and easily accessible to the
public and development community.

Tulare General Plan APR Implementation Measures Status – Page 2 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-4:

Mixed-Use
Redevelopment
& Adaptive
Reuse
Downtown
The City shall develop zoning
incentives that encourage
mixed-use redevelopment in
the downtown area through the
reuse of existing buildings
Planning
Division N/A By 2020
The City was awarded an HCD
LEAP Grant and in 2021 selected a
consultant to assist with the
comprehensive update of the
Zoning Code, including cleaningup, revising the mixed-use section to make it easier to use and
incentivize mixed-use, infill
development. An adaptive re-use
ordinance will be explored as part
of this zoning code update, or/and
also incorporated into the City’s
upcoming Downtown Master Plan.

Implementation
Measure LU-5:

Regional Auto
Mall Study
The City shall conduct a study
to determine a suitable location
and impacts of a regional auto
mall in the city.

Community &
Economic
Development
Department
N/A By 2020
The City will continue to explore the
possibilities of locating a regional auto
mall in the city limits, including looking
for resources to fund such a study.

Implementation
Measure LU-6:

Municipal
Services
The City shall consider
adoption of an appropriate fee
program for new development
to ensure the provision,
operation, and ongoing
maintenance of appropriate
public facilities and services
(including, but not limited to,
fire stations and equipment,
police stations and equipment,
ambulance or dispatch service,
utility infrastructure, parks,
recreational, and library
facilities).

All Affected
City
Departments
and Finance
Department
N/A Ongoing
Funding for maintenance of existing
and expansion of municipal services
tied to the City’s growth is provided
through the City’s Development
Impact Fee Program.

Tulare General Plan APR Implementation Measures Status – Page 3 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-7:

Water Master
Plan
The City shall update its water
master plan to address future
water supply treatment, and
distribution system. The water
master plan shall explore:
a. Water supply alternatives.
b. Treatment alternatives,
including wellhead and
centralized treatment.
c. Alternatives for reuse of grey
water.
d. Water conservation program.

Public Works
Department
and
Engineering
Division
N/A Ongoing
The City’s Engineering Division is
currently working with a consultant
on the update to the City’s Water
System Master Plan.

Implementation
Measure LU-8:

Sewer &
Stormwater
Drainage Master
Plans
The City shall periodically
update the Sewer and
Stormwater Drainage Master
Plan based on the 2035
General Plan
Public Works
Department
and
Engineering
Division
N/A Ongoing
The City’s latest Sewer and
Stormwater Drainage Master Plan
took into account growth under the
2035 Master Plan. All the utility
master plans are updated regularly,
with the Water System Master Plan
update currently underway, and the
Sewer and Stormwater Drainage
Master Plan to follow.

Implementation
Measure LU-9:

Street Tree
Management
Plan
The City shall update its Street
Tree Management Plan based
on the 2035 General Plan
Planning
Division N/A Ongoing
The City’s Street Tree Ordinance was
updated based on the 2035 General
Plan. The Street Tree Management
Plan shall be amended, modified, and
added to such plan, from time to time,
upon recommendation of the Parks
and Recreation Commission.

In 2021, the Parks and Recreation
Commission approved the
adoption of an amended Street
Tree species List.

Tulare General Plan APR Implementation Measures Status – Page 4 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-10:

Neighborhood
Identification
The City shall require that
entrances to the new
subdivision fronting on arterials
are accented with distinctive
landscaping, pavement, and
signage treatments.

Planning
Division N/A Ongoing
Planning Division staff will be
updating the Zoning Ordinance and
other pertinent sections of the
City’s Municipal Code to ensure
this policy is codified and
consistent with the 2035 General
Plan.

Implementation
Measure LU-11:

Context
Sensitive
Development
Where applicable, the City shall
require new development to
incorporate complementary
features into site and
development planning to
ensure its compatibility with
existing historic structures.

Planning
Division N/A Ongoing
The Planning Division ensures
compliance with this measure as part
of Site Plan Review for new
development and redevelopment
projects.

Implementation
Measure LU-12:

Aesthetic
Improvements
The City shall encourage use of
the assessment districts
authorized by law and other
available financing tools to fund
street beautification, street
lighting, street maintenance,
storm drainage, park
maintenance, and other
common aesthetic
improvements in new private
residential and business
development.

Planning
Division,
Engineering
Division, and
Parks Division
N/A Ongoing
The City requires and manages
Landscape Maintenance Districts to
fund maintenance of these
improvements in new private
residential development and will begin
exploring requiring this for new multitenant business development as well.

Tulare General Plan APR Implementation Measures Status – Page 5 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-13:

Street Trees
The City shall review and
evaluate its design review
guidelines for application at
selected key locations and to
particular development types
(e.g., mixed use development).

Selected locations for such
special design review should
include key entranceways and
thoroughfares; the Downtown;
designated community and
regional commercial areas; and
designated office/business park
areas.

Planning
Division N/A Ongoing
The Planning Division ensures
compliance with this measure as part
of Site Plan Review for new
development and redevelopment
projects.

Implementation
Measure LU-14:

General Plan
Consistency
The City shall review and
amend as necessary,
applicable ordinances and
regulations referenced herein
to ensure consistency with the
General Plan. These shall
include the following:
a. Zoning Ordinance
b. Subdivision Ordinance
c. Development
Standards
Planning
Division N/A Ongoing
The City has been awarded a grant
to assist in the comprehensive update
of the City’s Zoning Ordinance, and
during that update staff will look at the
need to make necessary updates to
the Subdivision Ordinance and
Development standards, to ensure
consistency between these
documents and the 2035 General
Plan. In 2021, the City selected a
consultant to bring under contract
to begin making the necessary
updates.

Implementation
Measure LU-15:

General Plan
provisions &
Project Review
The City shall implement the
provisions of this General Plan
through its ongoing project
review process.

Planning
Division N/A Ongoing
The Planning Division implements the
provisions of the 2035 General Plan
through Site Plan Review, the
entitlement phase, Plan Check, and a
Field Check.

Tulare General Plan APR Implementation Measures Status – Page 6 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure LU-16:

Annual Review
The Planning Commission shall
review the General Plan
annually, focusing principally
on actions undertaken in the
previous year to carry out the
implementation programs of the
Plan. The Planning
Commission’s report to the City
Council shall include, as the
Commission deems
appropriate, recommendations
for amendments to the General
Plan. This review shall also be
used to satisfy the
requirements of Public
Resources Code section
21081.6 for a mitigation
monitoring program.

Planning
Division N/A Ongoing
This is the Annual Progress Report
for Calendar Year 2021, being
presented to the Planning
Commission, City Council, and
filed with the Office of Planning
and Research, serving as an
annual review of the
implementation of the City’s
General Plan.

TRANSPORTATION AND CIRCULATION ELEMENT
Implementation
Measure TR-1:

Roadway
Standards &
Priority Projects
The City shall coordinate with
Caltrans to establish priorities
for freeway improvements and
initiate a process for the
design, funding, and
construction of improved
freeway interchanges.

Planning
Division N/A Ongoing
The City continues to work with
Caltrans and TCAG to establish
priorities for freeway projects within
the City, including cooperating on
planning, design, and funding studies
for projects. In 2021, the City had
multiple calls and meetings with
Caltrans to coordinate on the SR99 freeway widening project, several interchange projects, as
well as needed surface
transportation improvements along
state routes through the city.

Tulare General Plan APR Implementation Measures Status – Page 7 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure TR-2:

Level of Service
Standard
The City shall identify
economic, design, and planning
solutions to improve existing
levels-of-service currently
below the LOS specified above.

Where physical mitigation is
infeasible, the City shall
consider developing programs
that enhance alternative access
or otherwise minimize travel
demand
Planning
Division and
Engineering
Division
N/A Ongoing
City staff regularly review new
development for potential effects or
degradation of the LOS standards
adopted by the City. Improvements to
improve operational LOS are included
as conditions of project approval
when required, and the City continues
to work to further expand alternative
transportation systems (bicycle and
pedestrian networks).

Tulare General Plan APR Implementation Measures Status – Page 8 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure TR-3:

Transportation
Impact Fee
Program
The City shall continue its
transportation impact fee
program and revise when
necessary, to ensure the
mitigation of traffic impacts
created by new development
Planning
Division and
Engineering
Division
N/A Ongoing
The City continues to maintain the
transportation impact fee program
with funds paid-in by new
development to ensure funding for
transportation projects required due to
continued development growth.

Implementation
Measure TR-4:

Adequate
Parking
Standards
The City shall periodically
review existing parking
standards to ensure their
adequacy.

Planning
Division and
Engineering
Division
N/A Ongoing
City staff is currently reviewing the
parking standards to ensure that they
result in adequate parking, but also
that they are not resulting in an
oversupply of parking, which has the
ability to result in adverse land use
patterns. If any recommended
changes are identified, staff will
include them with the comprehensive
update to the Zoning Code and
present them to Planning Commission
and City Council.

Implementation
Measure TR-5:

Downtown
Parking Plan
The City should develop and
maintain a downtown parking
plan. This plan should be
complete following a review of
the city’s parking requirements
and the location and adequacy
of signage. This plan should
discourage employee parking
in prime parking spaces within
downtown retail areas.

Planning
Division N/A Ongoing
A review of downtown parking will be
carried out with the overall City
parking review and comprehensive
update to the City’s Zoning Code as
well as the City’s Downtown Master
Plan Update.

Tulare General Plan APR Implementation Measures Status – Page 9 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure TR-6:

Pedestrian
Access
The City shall promote and
improve pedestrian access
along existing local arterial and
collector streets.

Planning
Division and
Engineering
Division
N/A Ongoing
The City regularly reviews pedestrian
access as part of development review
and site plan review, to ensure
needed improvements to pedestrian
access are incorporated as part of
proposed property improvements.

Implementation
Measure TR-7:

Database of
Needed
Sidewalks
The City shall develop and
maintain a database of
sidewalks along streets which
currently do not contain
continuous sidewalks.

Planning
Division and
Engineering
Division
N/A Ongoing
The City’s Project Management Team
maintains a database of areas along
streets that do not contain continuous
sidewalks. The Project Management
Team uses this list to help prioritize
capital projects and identify funding to
complete gaps in sidewalks,
particularly in older areas of the City
and former County areas that were
not originally developed with sidewalk
infrastructure. In the 2021 calendar
year, the following sidewalk
addition projects were approved
and are under construction: 1)
Elliott Tract Improvements; 2) Pratt
Street-Mefford Choice Tract
Improvements; 3) Sequoia-Spruce
Tract Improvements
Implementation
Measure TR-8:

Street Standards
& Trucks
The City shall review City street
standards every five years to
ensure compatibility with
changing truck height and
weight standards.

Engineering
Division N/A Every five (5)
years
The City of Tulare Engineering
Division regularly reviews City street
standards to ensure compatibility with
truck height and weight standards,
and will continue to do so.

Implementation
Measure TR-9:

Truck Route
Signage
The City shall identify and
update existing truck route
signage.

Engineering
Division N/A Ongoing
The City does include signage for
existing truck routes and will continue
to maintain and/or update those as
necessary.

Tulare General Plan APR Implementation Measures Status – Page 10 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure TR-10:

Roundabouts
The City shall acquire from new
development sufficient rightsof-way dedications to allow for construction of roundabouts at
all arterial and arterial-collector
intersections.

Planning
Division and
Engineering
Division
N/A Ongoing
The City’s Engineering Division
continues to review new development
for any required intersection
improvements, including
considerations such as type of
intersection control, including
roundabouts, if appropriate for the
specific location.

CONSERVATION AND OPEN SPACE ELEMENT
Implementation
Measure COS-1:

Groundwater
Protection
The City shall identify and
protect local aquifers and water
recharge areas, in cooperation
with other agencies.

Planning
Division and
Public Works
Department
N/A Ongoing
The City continues to coordinate with
the Tulare Irrigation District on the
identification of new and maintenance
of existing water recharge basins to
ensure water quality integrity and
continued efforts for increased
groundwater recharge capabilities.

Tulare General Plan APR Implementation Measures Status – Page 11 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure COS-2:

Groundwater
Management
Plan
The City shall periodically
update a groundwater
management plan
Public Works
Department N/A Ongoing
The City, along with the Tulare
Irrigation District and the City of
Visalia, is a member of the MidKaweah Groundwater Sustainability Agency (Mid-Kaweah GSA), tasked
with management of groundwater
supplies as stipulated in the
Sustainable Groundwater
Management Act. The Mid-Kaweah
Groundwater Sustainability Agency
has prepared a Final Groundwater
Sustainability Plan, which is being
reviewed by the California
Department of Water Resources
(DWR).

Implementation
Measure COS-3:

Coordinated
Groundwater
Monitoring &
Planning
The City shall participate in
coordinated regional and
statewide groundwater
monitoring and planning
programs.

Public Works
Department N/A Ongoing
The Sustainable Groundwater
Management Act requires regular
coordination regionally and statewide
to include groundwater monitoring
and planning programs to ensure the
sustainability of the groundwater
supplies in a groundwater basin. This
is achieved through the City’s role as
a member of the Mid-Kaweah
Groundwater Sustainability Agency
and implementation of the
Groundwater Sustainability Plan.

Tulare General Plan APR Implementation Measures Status – Page 12 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure COS-4:

Groundwater
Monitoring
Partnerships
The City shall maintain
groundwater monitoring
partnerships with local
groundwater users and
stakeholders.

Implementation
Measure COS-5:

Groundwater
Recharge
The City will investigate future
changes to the zoning
ordinance that promote
maintaining some groundwater
recharge with urban
development. Regulations may
include, but are not limited to,
the limitation of structural
coverage and impervious
surfaces and prohibition of
uses with the potential to
discharge harmful pollutants,
increase erosion, or create
other impacts degrading water
quality.

Community &
Economic
Development
Department;
Public Works
Department
N/A Ongoing
While not included in the Zoning
Code, this measure is addressed in
new development through the City’s
Engineering Standards. The City’s
Engineering Division has adopted
standards to address site drainage,
groundwater recharge, and water
quality as requirements of new
development. As an example, the City
requires new development to install
groundwater recharge basins or tie
into existing basins with sufficient
capacity. City staff will continue to
review these standards and look for
opportunities to improve on or further
the goals of this measure.

Tulare General Plan APR Implementation Measures Status – Page 13 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure COS-6:

Protection of
Sensitive
Environmental
and Cultural
Areas
The City shall continue the
protection of natural and
cultural resources as part of the
City’s environmental review
process.

Planning
Division N/A Ongoing
The City’s Planning Division reviews
proposed development activities for
compliance with state and federal
environmental laws, including through
carrying out the environmental review
process on projects to ensure the
protection of natural and cultural
resources.

Implementation
Measure COS-7:

Development in
EnvironmentallySensitive Areas
When reviewing development
proposals, the City shall
encourage cluster development
in areas with moderate to high
potential for sensitive habitat.

Planning
Division N/A Ongoing
The City’s Planning Division will
continue to utilize the Site Plan
Review and entitlement processes to
encourage well planned development.

This includes using strategies, such
as cluster development, as needed to
avoid and/or minimize impacts to
areas of moderate to high potential for
sensitive habitat.

Tulare General Plan APR Implementation Measures Status – Page 14 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure COS-8:

Construction
Erosion Control
The City shall adopt
requirements that new
development implement
measures that minimize soil
erosion from wind and water
related to construction.

Measures may include, but not
be limited to the following:

Grading requirements that limit
grading to the amount
necessary to provide stable
areas for structural foundations,
street rights-of-way, parking
facilities, or other intended
uses; and/or Construction
techniques that utilize site
preparation, grading, and best
management practices that
provide erosion and sediment
control to prevent constructionrelated contaminants from leaving development sites and
polluting local waterways.

Engineering
Division N/A Ongoing
The Engineering Division has adopted
grading permit requirements.

Applicants for a grading permit must
demonstrate on the application the
types of control measures and best
management practices to limit soil
erosion and stormwater runoff,
including protection of water quality
through use of various approved
media to filter, divert, and/or protect
local waterways and drainage
facilities.

Implementation
Measure COS-9:

Agricultural Land
Mitigation
Program
The City shall adopt a
mitigation program for
agricultural land conversion
that includes, at a minimum,
the components listed in Policy
COS-P3.12, or equivalent or
more effective components.

Planning
Division N/A By 2015
The City Council adopted the
Farmland Mitigation Ordinance in
February 2020 for agricultural land
converted to non-agricultural use
outside the City limits, but within the
City’s urban development boundary.

Tulare General Plan APR Implementation Measures Status – Page 15 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure
COS-10:

Archaeological
Resource
Mitigation
Monitoring
The City shall continue the
monitoring of mitigation
measures established for
protection of archaeological
resources prior to development.

Planning
Division N/A Ongoing
The Planning Division continues the
monitoring of mitigation measures
established for protection of
archaeological resources through
carrying out the environmental review
process and through grading permits
on projects to ensure the protection of
archaeological resources prior to
development.

Implementation
Measure
COS-11:

Historical
Resources
Inventory
The City shall prepare a
historical resources inventory.

Planning
Division N/A By 2020
The City has an existing historical
resources inventory, however staff will
look to identify opportunities and
resources to update this inventory.

Implementation
Measure
COS-12:

Historic Overlay
Zone
The City shall continue to apply
its Historic Site and Historic
Neighborhood Combining
District zone as a means to
preserving, protecting, and
encouraging the restoration of
identified historical sites and
neighborhoods.

Planning
Division N/A Ongoing
The City will look to identify
opportunities and resources to update
the historic resources inventory and
apply the Historic Neighborhood
Combining District. One early
opportunity is updating the Historic
Neighborhood Combining District and
previously identified historic
properties with the Comprehensive
Zoning Code update the City will be
initiating.

Implementation
Measure
COS-13: Quimby
Act Ordinance
The City shall consider
adopting a Quimby Act
Ordinance requiring that park
provision be considered and
incorporated in the subdivision
process.

Parks Division;
Planning
Division;
Engineering
Division
N/A By 2015
The Planning Divisions will work with
the Parks Division and Engineering
Division on this measure, particularly
with the upcoming Parks Master Plan
process.

AIR QUALITY ELEMENT
Tulare General Plan APR Implementation Measures Status – Page 16 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure AQ-1:

More Walkable
Neighborhoods
The City shall continue to
enforce the Green Building
Ordinance and amend the
Subdivision Ordinance to
achieve more walkable
neighborhoods.

Building
Division and
Planning
Division
N/A By 2015
The City’s Building Division enforces
the Green Building Code and the
City’s Planning and Engineering
Divisions require the installation of
sidewalks along the frontage of new
development as well as pedestrian
openings at the ends of cul-de-sacs.

Implementation
Measure AQ-2:

Regional
Planning
Strategy
The City shall assist TCAG in
preparing a Sustainable
Communities Strategy and/or
an Alternative Planning
Strategy
Planning
Division N/A By 2015
City staff, as well as City Council
representatives, are involved in
collaborating with TCAG on matters
regarding the updates to the
Sustainable Communities Strategy
and/or an Alternative Planning
Strategy
Implementation
Measure AQ-3:

Construction
Emissions
The City shall consider
adopting a resolution or
ordinance requiring
construction equipment greater
than fifty (50) horsepower to
reduce exhaust emissions by
the following amounts from the
state wide average as
estimated by ARB:
• 20 percent of the total NOx
emissions;
• 45 percent of the total PM10
exhaust emissions.

Planning
Division
• 20
percent
reduction
in total
NOx
emissions;
• 45
percent
reduction
in total
By 2015
While the City has not adopted a
resolution or ordinance, the Planning
Division now has staff capabilities to
conduct and review environmental
analysis of potential impacts
associated with project construction.

Through the environmental review
process, projects that generate
emissions exceeding established air
quality standards & thresholds are
required to mitigate potential impacts,
including through the use of later
model equipment meeting more
stringent emissions standards (e.g.

Tier 4 or greater equipment).

NOISE ELEMENT
Tulare General Plan APR Implementation Measures Status – Page 17 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure NOII4.1: Regional
Policy
Framework
Tulare County and its
incorporated cities shall review
all relevant development plans,
programs, and proposals,
including those initiated by both
the public and private sectors,
to ascertain and ensure their
conformance with the policy
framework outline in this Noise
Element.

Planning
Division N/A Ongoing
City of Tulare staff continue to review
development plans and proposals for
consistency with the General Plan,
including the Noise Element policies.

Tulare General Plan APR Implementation Measures Status – Page 18 Implementation
Measure NOII4.2: Noisesensitive Land
Uses
Prior to the approval of a
proposed development of
residential or other noisesensitive land uses in a noiseimpacted area, or the development of an industrial,
commercial, or other noisegenerating land use in or near an area containing or planned
and zoned for residential or
other noise-sensitive land uses,
an acoustical analysis may be
waived provided that all of the
following conditions exist:
• The proposed development
is not subject to the
provisions of California
Administrative Code Title

24. • The existing or projected
future noise exposure at
the exterior of buildings
which will contain noisesensitive uses or within the
proposed outdoor activity
areas (patio, decks,
backyards, pool areas,
recreation areas, etc.) does
not exceed 65 dB Ldn (or
CNEL).
• The topography in the
project area is flat, and the
noise source and receiving
land use are at the same
grade.
• Effective noise mitigation,
as determined by the
reviewing agency, is
incorporated into the
Planning
Division N/A Ongoing
Proposed residential development, as
well as the development of noisegenerating land uses near existing, planned, or zoned residential uses
are reviewed through the City’s Site
Plan Review process as well as
through noise analysis as part of
environmental review for required
project entitlements.

Tulare General Plan APR Implementation Measures Status
– Page 19
project design to reduce
noise exposure to the
levels specified by the
policies of the Noise
Element such measures
may include the use of
building setbacks, building
orientation, and noise
barriers. If a noise barrier is
required for mitigation of
exterior noise levels, it
should be constructed of
tight-fitting, massive
materials (1-inch thick
wood, stucco, masonry,
etc.) and should be of
sufficient height to interrupt
line-of-sight between the
source and receiver. Line-
of-sight should be
determined by drawing a
straight line between the
effective heights of the
noise source and receiver.

For traffic noise, an in
instances where the
number of heavy trucks
exceeds five (5) percent of
the Average Daily Traffic
(ADT), an effective height
of ten (10) feet above the
rails should be used for
locomotive and car noise,
and an effective height of
fifteen (15) feet above the
rails should be used for
horn noise. For industrial,
commercial, or other
stationary noise sources or
for aircraft noise, a detailed
Tulare General Plan APR Implementation Measures Status – Page 20 evaluation of noise source
spectra and effective
height(s) should be
conducted. Receiver height
should be assumed to be
five (5) feet above project
grade for outdoor activity
areas such as backyards.

The receiver height for
small patios or upper floor
decks should be assumed
to be four (4) feet above
the finished floor elevation.

Interior noise levels may be
assumed to be in
compliance with the 45 dB
Ldn (or CNEL) standard as
long as the building
construction complies with
today’s more stringent
thermal insulation
requirements and windows
and doors may remain
closed. This will require the
installation of air
conditioning or mechanical
ventilation.

When the above-described
conditions do not exist and an
acoustical analysis is required
by the City of Tulare it should:
• Be the responsibility of the
applicant.
• Be prepared by an
individual or firm with
demonstrable experience
in the fields of
environmental noise
Tulare General Plan APR Implementation Measures Status – Page 21 Program Description Responsibility Quantified
Objective Time Frame Status
assessment and
architectural acoustics.
• Include representative
noise level measurements
with sufficient sampling
periods and locations to
adequately describe local
conditions.
• Include estimated noise
levels in terms of Ldn (or
CNEL) existing and
projected future (10 to 20
years hence) conditions,
with a comparison made to
the adopted policies of the
Noise Element.
• Include recommendations
for appropriate mitigation
measures to achieve
compliance with the
adopted policies and
standards of the Noise
Element.
• Include estimates of noise
exposure after the
prescribed mitigation
measures have been
implemented. If compliance
with the adopted standards
and policies of the Noise
Element will not be
achieved, a rationale for
acceptance of the project
must be provided.

Tulare General Plan APR Implementation Measures Status – Page 22 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure NOII4.3: Acoustical
Analysis
Tulare County and its
incorporated cities shall
develop and implement
procedures to ensure that
requirements imposed pursuant
to the findings of an acoustical
analysis are implemented as
part of the project permitting
process. The appropriate time
for requiring an acoustical
analysis would be as early in
the project review or permitting
process as possible, so that
noise mitigation may be an
integral part of the project
design rather than an
afterthought.

Planning
Division N/A Ongoing
Noise reduction requirements,
whether mitigation measures resulting
from the environmental review
process or conditions of project
approval, are implemented to be
incorporated prior to construction, to
ensure construction contractors abide
by such requirements when applying
for grading and building permits.

Tulare General Plan APR Implementation Measures Status – Page 23 Program Description Responsibility Quantified
Objective Time Frame Status
Implementation
Measure NOII4.4: Community
Noise Control
Ordinance
Noise exposure information
developed during the
community noise survey
described in this Noise Element
may be used as a guideline for
the development and adoption
of a community noise control
ordinance to address noise
complaints, and to provide local
industry with performance
standards for future
development and/or equipment
modifications. If such an
ordinance is adopted, it should
be consistent with the “Model
Community Noise Control
Ordinance” prepared by the
California Office of Noise
Control in 1977, with
modifications made to reflect
local concerns and conditions
(a draft community noise
control ordinance is contained
within the Technical Reference
Document).

Planning
Division N/A Ongoing
The City’s Noise Ordinance reflects
local concerns and conditions and is
applied to both new development as
well as existing uses, to maintain an
acceptable community noise level,
particularly in noise-sensitive areas of
the City, such as residential
neighborhoods.

Implementation
Measure NOII4.5: Review &
Update of Noise
Element
The Noise Element of the
Tulare County General Plan
and the General Plans of the
incorporated cities of the
County shall periodically be
reviewed and updated to
ensure that noise exposure
information, goals, and policies
are consistent with changing
conditions and/or standards.

Planning
Division N/A Ongoing
The Noise Element, just like other
elements of the General Plan, is
periodically reviewed to ensure it is
still consistent with changing
conditions and standards, and to
identify needed updates.

Upcoming Long Range Planning Policy Updates & Priorities Local Early Action Planning Grant – The City of Tulare applied for and was notified that it was approved for a $300,000 Local Early Action Planning (LEAP) Grant. This grant will be used to support implementation of various City of Tulare General Plan policies through a comprehensive update of the City’s Zoning Ordinance. The updates to the Zoning Ordinance are proposed to make the Zoning Ordinance consistent with changes required as a result of the adopted General Plan policies, changes to state law, and changes due to new and changing planning and market trends related to land use. The objective is to have a clearer Zoning Ordinance, consistent with policies and implementation measures in the General Plan, including streamlining and facilitating orderly growth through process improvements that accelerate housing production, and facilitate compliance with the implementation of the City’s sixth cycle of the regional housing needs assessment (RHNA).

In late 2021, the City of Tulare selected a consultant through an RFP and interview process to assist in preparation of the aforementioned updates to the City’s Zoning Ordinance and related sections of the City’s Municipal Code. The project will be kicking-off and underway in 2022.

Item No. 18.

CITY COUNCIL AGENDA – FEBRUARY 7, 2023
SUBJECT: Status and Review of Local Emergency Drought
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of January 17, 2023, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

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

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

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

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

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

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

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

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water.

At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that Item No. 18.
the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.

Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

Item No. 18.

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

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

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

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

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

City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of Item No. 18.
focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.

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

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

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

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On Item No. 18.

July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

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

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

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

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

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

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

4. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

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

6. Governor Newsom Executive Order N-7-22: March 28,
2022
Item No. 18.

7. State Water Resources Control Board: Emergency
Regulation - Water Conservation; June 10, 2022

8. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

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

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

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

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

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

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THEREFORE BE IT RESOLVED THAT:

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

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

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

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

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

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

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

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

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

Authority: Section 1058.5, Water Code.

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

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

SHIRLEY N. WEBER, PH.D.

Secretary of State
State of California
Office of Administrative Law
In re:

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:

Repeal sections:

Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).

The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).

OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.

This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.

Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
~X ~ ~d ~ S7 ll ~ '~ ~ r ,~ ~ ~~~li~ ~~i" °• _ «<-~ only ~,'.;?~ bffi~e c u ~ ~.e~ ,'~;1 ~,° ~;,;. _ ~(fhv S~.~ of ~~~nmi~
~~~~ s~,~, jm~ rti r ~a-s~

NOTICE REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)

1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE

3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
Re ulato tither `Action L_~
OAL USE ACTION ON PRppgSFD NOTICE
~~~Y HPP~oveaas
NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation

2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
_~cidi~a~al:_sF~eeh_6f~reeded.} __~_._ _--- ____ _._ ----_ ____ -- TITLE(S) REPEAL 23 3. TYPE OF FILING
Code
Regular
§11346)
Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
§11346.1(b))
Emergency (Gov. Code, ~
emergency
Resubmittal
filing
of disapproved
(Gov. Code,
or
§11346.1)
withdrawn o ocher {sPe~~~> Wafer Code Section 1058.5

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)

5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)

7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179

8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.

SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022

TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board

ADOPTED EMERGENCY REGULATION TEXT
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article. 2. Prevention of Drought Wasteful Water Uses
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.

Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.

Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 105$.5, Water Code.

References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350

3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976

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

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

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

Page 2 of 24 ends

3pg18xi20

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

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

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

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

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

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

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

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

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

Page 3 of 24 ends

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

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

Page 5 of 24 ends

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

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

A.2. SCOPE OF WORK.

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

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

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

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

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

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

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

Page 6 of 24 ends

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

Page 7 of 24 ends

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

Page 8 of 24 ends

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

Page 9 of 24 ends

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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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

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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

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Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

Page 13 of 24 ends

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

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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

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Exhibit D

12. [RESERVED].

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

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

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

Page 16 of 24 ends

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

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

Page 17 of 24 ends

Porterville City CouncilFebruary 7, 2023

Porterville City Council
February 7, 2023