Porterville City Council
April 18, 2023

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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

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

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

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

Exhibit D

12. [RESERVED].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Item No. 12.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Substantial Amendment to the 2022/2023 Action Plan for use of Community Development Block Grant (CDBG) Funds and Program Income SOURCE: Community Development
COMMENT: As an entitlement grantee, the City receives federal formula Community Development Block Grant (CDBG) grants through the U.S. Department of Housing and Urban Development (HUD). This entitlement provides the City with an annual direct grant, to provide decent affordable housing, a suitable living environment and to expand economic opportunities, primarily for low to moderate income (LMI) persons/households.

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

An amendment to the 2022/23 CDBG Action Plan (AP) (approved by the City Council at its meeting on April 19, 2022) is being proposed. The funding recommendations for the substantial amendment were made by the City's CDBG Citizens’ Advisory and Housing Opportunity Committee (Committee).

The recommendations are based on feedback received through the various outreach conducted, including a community survey, a community meeting, a public hearing meeting, virtual and in-person meetings, outreach events, and input provided by partner agencies that serve Low to Moderate income households.

The Substantial Amendment to the 2022/2023 Action Plan is being proposed to address projects or programs that could not take place. The amendment would fund a new activity and reprogram the funds associated with those activities.

Additionally, in order to remain in compliance with expenditure deadlines, there is a need to reallocate 2017 and 2018 funds from the owner-occupied rehabilitation loan program. This brings the total of funds that need to be reprogrammed to $520,335.55.

A detailed description of each reallocation is detailed in the Draft 2022/23 Action Plan Amendment, Section B. Proposed Amendments Detail included as an attached document.

Item No. 12.

Approved 2022/2023 AP Allocation Source
Youth Center $86,482.50 22/23 Entitlement
Curb/Gutter/Sidewalk (CGS) $130,000.00 22/23 Entitlement FTHB Loan $0 N/A
Owner Occupied Rehab (OOR) $81,503.25 2018 AP Carryover Owner Occupied Reha (OOR) $111,174.90 2017 AP Carryover Parks Improvement (PI) $109,523.60 22/23 Entitltement
Parks Improvement (PI) $1,651.30 2021 AP Carryover
LINC Services $5,000.00 22/23 AP Entitlement
Case Management for PSH $15,000.00 22/23 AP Entitlement Navigation Center $0 N/A
Total $540,335.55
Proposed Amendment 2022-23 AP Allocation Source
Youth Center $0 N/A
Curb/Gutter/Sidewalk (CGS) $0 N/A
FTHB Loan $130,000 22/23 Entitlement-CGS
Owner Occupied Rehab (OOR) $86,482.50 22/23 AP Entitlement-YC $1,651.30 2021 AP Carryover-PI
$109,523.60 22/23 AP Entitlement-PI
Parks Improvement (PI) $111,174.90 2017 AP Carryover-OOR LINC Services $5,000.00 22/23 AP Entitlement
$5,000.00 2018 AP Carryover-OOR
Case Management for PSH $15,000.00 22/23 AP Entitlement $10,429.23 2018 AP Carryover- OOR
Navigation Center $66,074.02 2018 AP Carryover-OOR
Total $540,335.55
The proposed substantial amendment and budget is included as attachment 1.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution approving the proposed
substantial amendment to the 2022/2023 Action Plan; and

2. Direct staff to submit the amendment to the 2022/2023 Action Plan to HUD.

ATTACHMENTS: 1. Draft Resolution

2. Proposed Amendment

3. Draft Budget Allocations for Amendment
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Item No. 12.

Final Approver: John Lollis, City Manager
RESOLUTION NO. ___-2023

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

OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
BE IT HEREBY RESOLVED that the City Council of the City of Porterville does hereby approve the 2022/2023 Action Plan Amendment, attached as Exhibit A, and proposed use of Community Development Block Grant Funds with proposed changes for the 2022/2023 Program Year Entitlement and Program Income Allocations as follows:

Approved 2022/2023 AP Allocation Source
Youth Center (YC) $86,482.50 22/23 AP Entitlement
Curb/Gutter/Sidewalk (CGS) $130,000.00 22/23 AP Entitlement FTHB Loan $0 N/A
Owner Occupied Rehab (OOR) $81,503.25 2018 AP Carryover Owner Occupied Rehab $111,174.90 2017 AP Carryover
Parks Improvement (PI) $109,523.60 22/23 AP Entitlement Parks Improvement $1,651.30 2021 AP Carryover
LINC Services $ 5,000.00 22/23 AP Entitlement
Case Management for PSH $15,000.00 22/23 AP Entitlement Navigation Center $0 N/A
Total $540,335.55
Proposed Amendment 2022-23 AP Allocation Source
Youth Center $0 N/A
Curb/Gutter/Sidewalk (CGS) $0 N/A
FTHB Loan $130,000.00 22/23 AP Entitlement - CGS
Owner Occupied Rehab $86,482.50 22/23 AP Entitlement - YC $1,651.30 2021 AP Carryover - PI
$109,523.60 22/23 AP Entitlement - PI
Parks Improvement $111,174.90 2017 AP Carryover - OOR
LINC Services $5,000.00 22/23 AP Entitlement
$5,000.00 2018 AP Carryover - OOR
Case Management for PSH $15,000.00 22/23 AP Entitlement $10,429.23 2018 AP Carryover - OOR
Navigation Center $66,074.02 2018 AP Carryover - OOR
Total $540,335.55
PASSED, APPROVED AND ADOPTED this 18th day of April, 2023.

________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
BY
Patrice Hildreth, Chief Deputy City Clerk
Resolution No. _____-2023 Page 2 of 2

PROPOSED AMENDMENT TO THE CDBG
2022/23 ANNUAL ACTION PLAN
Second Public Hearing April 18, 2023

EXECUTIVE SUMMARY
A Substantial Amendment to the 2022/2023 Action Plan (AP) is being proposed to address projects or programs that could not take place by reallocating funding to existing activities and a new activity and reprogramming the funds associated with those activities. Additionally, in order to remain in compliance with expenditure deadlines, there is a need to reallocate 2017 and 2018 funds from the owner-occupied rehabilitation loan program. This brings the total of funds that need to be reprogrammed to $520,335.55.

CITIZEN PARTICIPATION
The City held a community meeting on February 16, 2023, designed and administered a community needs survey, held a public hearing on February 28, 2023, and conducted outreach by email, social media, partner meetings and committee meetings. The purpose was to inform and seek input on the City’s proposed amendment to the 2022/2023 Action Plan. Views obtained during these hearings were considered and are documented in Public Comments section A and in Appendix 1.

On April 18, 2023 a Public Meeting will be held during the normally scheduled City Council meeting, commencing at 6:30 PM, or soon thereafter. The options for participation are virtual attendance via Zoom and in-person at 291 N. Main Street. Zoom participation details can be found on the City Council Agenda which is posted to the City’s website 72 hours prior to the meeting at https://www.ci.porterville.ca.us/government/city_council/meeting_agendas___minutes.php.

Additionally, until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Comments to the Amendment may be submitted, before the meeting via email to [email protected]. Members of the public are encouraged to submit comments prior to 6:30 p.m., Tuesday, April 18, 2023, to participate in said meeting. The comments read during the Council meeting will be incorporated into the official record.

A. PUBLIC COMMENTS
Summary of Public Comments Received:

Community Meeting February 16, 2023
Community feedback received during the community meeting and surveys prior to the first public hearing, was for continued support of existing programs and prioritization of funding for homeless programs and homeless prevention, affordable housing, strengthening neighborhoods and business assistance respectively. Comments were received in support of services to help address homelessness and programs that benefit youth.

Comments received were in regards to funding that would be available as a result of the proposed amendment to the Action Plan and how those funds could be used to address homelessness. Staff explained that the funds could be used for a new or existing activity, so long as it met CDBG funding criteria and a national objective.

CDBG Advisory and Housing Committee Meeting and Public Hearing February 28, 2023 Surveys responses received prior to the first public hearing favored continued support of existing programs, and identified a community need for programs in the categories of homelessness, affordable housing, and youth services.

One member of the public spoke in favor of the distribution of CDBG funds for public services to many local non-profits and urged the committee to be aware of what services are being provided with the funding. Another community member thanked the committee for their efforts to bring a recommendation to Council on use of the CDBG funds.

The committee evaluated the suggestions received at the meeting and made its final recommendations for funding reflected in this document, for the consideration of the City Council at the second public hearing.
30-Day Public Review & Comment Period
In accordance with the current Citizen Participation Plan approved by the U. S. Department of Housing and Urban Development (HUD), the City of Porterville must publish the documents for no less than 30 calendar days for public comment before it is submitted to HUD.

The public notice was published in English and Spanish announcing the thirty (30) day comment and review period through the close of business April 18, 2023.

Public comments received during the comment period will be included in this section.

Public Hearing April 18, 2023
Public comments received during this meeting will be included in this section.

Outreach
This section will be updated after the 2nd public hearing, to incorporate the total number of people who were engaged in the various outreach methods such as social media platforms, community meetings, partner meetings, in person outreach events and consultations.

Survey Results
A Community Survey was distributed electronically at virtual meetings, via the survey link and publicized on social media. Paper copies were available at the public counter of City Hall, at community meetings and events. A total of 141 survey responses were received and a summary of those responses will be included as Appendix 1.

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

B. PROPOSED AMENDMENTS DETAIL
Activity Amendment
Category
Funding
Source/Year
Reallocated
From
Amount
1 Navigation
Center
New Activity
Added
PY 2018 -
Entitlement
Owner
Occupied
Rehabilitation
Loan
$ 66,074.02
Reallocating a portion of the remaining 2018 EN from Owner Occupied Rehabilitation Loan Program to the proposed new activity (Navigation Center) to spend the 2018 funds, which will allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines.
2 LINC Services Change of
Use
PY 2018 -
Entitlement
Owner
Occupied
Rehabilitation
Loan
$5,000.00
Reallocating a portion of the remaining 2018 EN from Owner Occupied Rehabilitation Loan Program to the existing LINC Services activity to spend the 2018 funds, which will allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines. 3 Case
Management
for PSH
Change of
Use
PY 2018 -
Entitlement
Owner
Occupied
Rehabilitation
Loan
$10,429.23
Reallocating a portion of the remaining 2018 EN from Owner Occupied Rehabilitation Loan Program to the existing Case Management for PSH activity to spend the 2018 funds, which will allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines.
4 Parks
Improvement
Project
Change of
Use
PY 2017 -
Entitlement
Owner
Occupied
Rehabilitation
Loan
$111,174.90
Reallocating the remaining 2017 EN from Owner Occupied Rehabilitation Loan Program to the Parks Improvement Project to spend the 2017 funds first to allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines. 5 Owner
Occupied
Rehabilitation
Loan
Change of
Use
PY 2022 -
Entitlement
Youth Center $86,482.50
Reallocating the 2022 EN from Youth Center to the Owner Occupied Rehab Program to allow more time to spend the 2022 funds and to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines.
6 Owner
Occupied
Rehabilitation
Loan
Change of
Use
PY 2021 -
Entitlement
Parks
Improvement
Project
$1,651.30
Reallocating the remaining 2021 EN from Parks Improvement Project to the Owner Occupied Rehabilitation Loan Program to allow more time to spend the 2021 funds, since parks project has current expenditures that can be made (see Item 2 above). 7 Owner
Occupied
Rehabilitation
Loan
Change of
Use
PY 2022 -
Entitlement
Parks
Improvement
Project
$109,523.60
Reallocating the 2022 EN from Parks Improvement Project to the Owner Occupied Rehabilitation Loan Program to allow more time to spend the 2021 funds, since parks project has current expenditures that can be made (see Item 4 above). 8 First-Time
Homebuyer
Program
Change of
Use
PY 2022 -
Entitlement
Curb, Gutter,
Sidewalk
Improvement
Project
$130,000.00
Reallocating 2022 EN from Curb, Gutter, Sidewalk Improvement Project to First-Time Homebuyer Program to increase funds available for loans since HOME funds are currently unavailable and a project has not yet been identified for the funds currently allocated.

Appendix 1
Summary of Community Survey Responses
City of Porterville 9 Kiwanis Club 1
Tulare County HHSA 5 SVMC 1
TPOCC 3 Community Connect CA 1
CCFCC 3 TC Child Abuse Prevention 1
Kingsview Path 2 TC Board of Sups 1
CSET 2 Uplift Family Services 1
FHCN 2 BAART Methadone 1
SFMC 1 PUSD 1
Gleaners 1
Both 64
Live 46
Work 21
Neither 10
Quadrant Represented
Northwest 49
Southeast 34
Northeast 24
Southwest 23
N/A 10
FTHB Loan Program 94
FTHB Education 79
Rehab Program 68
ADA Ramp Program 65
PUAP Program 63
Fair Housing Education 49

COMMUNITY SURVEY SUMMARY
Agency Representatitves
Live/Work in the City of Porterville
Current CDBG Program Support
0 10 20 30 40 50 60 70
Both
Live
Work
Neither
0 10 20 30 40 50 60
Northwest
Southeast
Northeast
Southwest
N/A
0 20 40 60 80 100
FTHB Loan Program
FTHB Education
Rehab Program
ADA Ramp Program
PUAP Program
Fair housing Eduction
Small Business Assistance 131
Microenterprise Loan 48
Large Business Assistance 26
Case Mgmt PSH 104
COC/KTHA 89
City Operated Youth Center 104
Parks Improvement Prgm 97
Multi-Sport Field Improvement 96
Neighborhood Improvements
Economic Development
Homelessness
0 20 40 60 80 100 120 140
Small Business Assistance
Microenterprise Loan
Large Business Assistance
80 85 90 95 100 105 110
Case Mgmt PSH

COC/KTHA
92 94 96 98 100 102 104 106
City Operated Youth Center
Parks Improvement Prgm
Multi‐Sport Field Improvement
Prioritization of Funds
Homelessness Affordable Housing Neighborhoods Business Assistance

36.2%

14.9% 31.9%

14.9%

14.9%
Comments by Topic
Homelessness Housing
Neighborhoods Economic Development
Other
Amendment
Category Funding Source/Year Reallocated From Amount
Navigation Center New Activity Added PY 2018 - Entitlement Owner Occupied Rehabilitation Loan $ 66,074.02
LINC Services Change of Use PY 2018 - Entitlement Owner Occupied Rehabilitation Loan $5,000.00
Case Management for PSH Change of Use PY 2018 - Entitlement Owner Occupied Rehabilitation Loan $10,429.23
Parks Improvement Project Change of Use PY 2017 - Entitlement Owner Occupied Rehabilitation Loan $111,174.90
Owner Occupied Rehabilitation Loan Change of Use PY 2022 - Entitlement Youth Center $86,482.50 Owner Occupied Rehabilitation Loan Change of Use PY 2021 - Entitlement Parks Improvement Project $1,651.30 Owner Occupied Rehabilitation Loan Change of Use PY 2022 - Entitlement Parks Improvement Project $109,523.60 First-Time Homebuyer Program Change of Use PY 2022 - Entitlement Curb, Gutter, Sidewalk Improvement Project $130,000.00
7 8
2022/23 Substantial Amendment
Activity
Reallocating the remaining 2017 EN from Owner Occupied Rehabilitation Loan Program to the Parks Improvement Project to spend the 2017 funds first to allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines.

Reallocating the 2022 EN from Parks Improvement Project to the Owner Occupied Rehabilitation Loan Program to allow more time to spend the 2021 funds, since parks project has current expenditures that can be made (see Item 4 above).

Reallocating 2022 EN from Curb, Gutter, Sidewalk Improvement Project to First-Time Homebuyer Program to increase funds available for loans since HOME funds are currently unavailable and a project has not yet been identified for the funds currently allocated.

Reallocating a portion of the remaining 2018 EN from Owner Occupied Rehabilitation Loan Program to the proposed new activity (Navigation Center) to spend the 2018 funds, which will allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines. 1 4
6 Reallocating the remaining 2021 EN from Parks Improvement Project to the Owner Occupied Rehabilitation Loan Program to allow more time to spend the 2021 funds, since parks project has current expenditures that can be made (see Item 2 above). 5 Reallocating the 2022 EN from Youth Center to the Owner Occupied Rehab Program to allow more time to spend the 2022 funds and to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines.
3 Reallocating a portion of the remaining 2018 EN from Owner Occupied Rehabilitation Loan Program to the existing Case Management for PSH activity to spend the 2018 funds, which will allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines. 2 Reallocating a portion of the remaining 2018 EN from Owner Occupied Rehabilitation Loan Program to the existing LINC Services activity to spend the 2018 funds, which will allow the City to continue to be in compliance with expenditure timelines and reduce the risk of losing funds that have not been spent by the expenditure deadlines.

Item No. 13.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Community Development Block Grant 2023/24 Action Plan SOURCE: Community Development
COMMENT: The U.S. Department of Housing and Urban Development (HUD) requires all Community Development Block Grant (CDBG) entitlement cities to prepare a three- or five-year Consolidated Plan. Porterville’s 2020 Five-Year Consolidated Plan was adopted by the City Council at its meeting on April 21, 2020, and subsequently submitted to and approved by HUD. This 2023/2024 Action Plan reflects the fourth-year investment plan within the scope of the Consolidated Plan. Action Plans are required to be submitted to HUD forty-five (45) days prior to the start of the program year.

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

The Action Plan presents ongoing and proposed CDBG funded programs for the Fiscal Year beginning July 1, 2023, through June 30, 2024. Staff used the recently published Fiscal Year 2023 Entitlement Grant allocation amount of $739,428 to draft the budget for the Action Plan for a variety of programs and projects accompanied by program income generated by the First-Time Low Income Home Buyer Program, the Owner Occupied Housing Rehabilitation and Public Utility Program, and the Business Assistance Loan Program, with applicable contingency language.

The table below provides an overview of the entitlement funding allocation as recommended by the Citizens Advisory and Housing Opportunity Committee on February 28, 2023.

Administration $147,885.60
Navigation Center Operations $70,000.00
CCFCC - HOP Outreach $4,000.00
Case Management for PSH- $15,000.00
Item No. 13.

FSTC
LINC Services - KTHA $5,000.00
Homebuyer Education $1,805.10
Parks Improvement Program $200,873.30
Multi-Sports Field Improvement
Project
$279,864.00
Fair Housing Program $15,000.00
Total Funding $739,428.00
On February 16, 2023, the first community meeting was held to bring recommendations and comments from the community before the CDBG Citizens’ Advisory and Housing Opportunity Committee (Committee). On February 28, 2023, the Committee held the first Public Hearing to consider the proposed projects for the 2023/2024 Action Plan. The Committee unanimously recommended approval of the proposed Action Plan. Public notices were published in both English and Spanish for the afore-mentioned Public Hearing.

A public notice was also published in both English and Spanish announcing the thirty (30) day comment and review period which ends April 18, 2023. No written comments were received from the public as of the writing of this staff report. However, discussions that took place during the meetings are included in the Draft 2023/2024 Action Plan under AP-05 Section 5: Summary of Public Comments.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution approving the 2023/24 Action Plan; and

2. Direct staff to submit the 2023/24 Action Plan to HUD.

ATTACHMENTS: 1. Draft 2023-24 CDBG Action Plan

2. Draft Resolution 2023-24 CDBG Action Plan
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: Patrice Hildreth, Deputy City Manager

CITY OF PORTERVILLE

COMMUNITY DEVELOPMENT BLOCK GRANT
2023-2024 ANNUAL ACTION PLAN

ENTITLEMENT APPLICATION

FINAL DRAFT
APRIL 2023
(This 30-day comment public document has been updated to reflect public comments, outreach and survey results received up to April 10, 2023 when this agenda item was prepared. Any comments received during the public hearing or between April 11 to April 18, 2023 will be included in the final document submitted to HUD after the close of the 30-day public review and comment period and the second public hearing on April 18, 2023, during the normally scheduled City Council meeting) 2023/2024 CDBG Annual Action Plan 2
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

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

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

CDBG grantees are eligible to use the resources they receive for Planning and Administration, Public Services, Community and Economic Development, Capital Improvement Projects (CIP) Public Facilities/Infrastructure, and CIP Housing Rehabilitation. Planning and Administration costs include staffing, general management, oversight and coordination. Public Service projects provide social services and/or other direct support to individuals and households in need of assistance. Community and Economic Development projects are focused on assisting businesses and organizations with small business loans, and other initiatives. CIP Public Facilities/Infrastructure projects are those which aim to improve public facilities and infrastructure. CIP Housing Rehabilitation projects are for housing rehabilitation improvements of single and multi-unit housing. The City’s entitlement allocation is $739,428 in CDBG funding for FY 2023/2024.

Additionally, a map of eligible block groups (Attachment 1 below: Map of Low-Mod Block Groups) is included to reflect the current eligible areas where CDBG funds can be used as of FY 2023/2024.

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

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

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

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

Availability/Accessibility
Affordability
Sustainability
2023/2024 CDBG Annual Action Plan 3
1 Goal Name Affordable Housing
Goal
Description
Public service activities for Low/Moderate Income Housing Benefit.

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

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

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

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

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

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. (This section will be updated after the final public hearing on 4/18/2023, to incorporate all comments and consultations.) To maximize participation in the preparation of the 2023/2024 Action Plan, the City held a community meeting on February 16, 2023, designed and administered a community needs survey, held a public hearing on February 28, 2023, and conducted outreach by email, social media, partner meetings and committee meetings. The purpose was to inform and seek input on the City’s housing and community development needs and proposed use of funds to achieve objectives, priorities, and actions for addressing those needs during FY 2023/2024. Views obtained during these hearings were considered for the final Action Plan.
2023/2024 CDBG Annual Action Plan 4

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

Community Meeting February 16, 2023
Community feedback received during the community meeting and surveys prior to the first public hearing, was for continued support of existing programs and prioritization of funding for homelessness, affordable housing, strengthening neighborhoods and business assistance respectively. Comments were received in support of services to help address homelessness and programs that benefit youth.

CDBG Advisory and Housing Committee Meeting and Public Hearing February 28, 2023 Surveys responses received prior to the first public hearing favored continued support of existing programs, and identified a community need for programs in the categories of homelessness, affordable housing, and youth services.

One member of the public spoke in favor of the distribution of CDBG funds for public services to many local non-profits and urged the committee to be aware of what services are being provided with the funding.

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

Public Hearing April 18, 2023
Public comments received during this meeting will be included in this section.

Community Outreach
This section will be updated after the 2nd public hearing, to incorporate the total number of people who were engaged in the various outreach methods such as social media platforms, partner meetings, in person outreach events and consultations.

Survey Results
A Community Survey was distributed electronically at virtual meetings, via the survey link and publicized on social media. Paper copies were available at the public counter of City Hall, at community and partner meetings and events. A total of 141 survey responses were received, of which 36 were representatives of agencies, but some remained anonymous as to who they represented. A summary of those responses are included in Appendix 1.

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

6. Summary of comments or views not accepted and the reasons for not accepting them 2023/2024 CDBG Annual Action Plan 5
There were no comments rejected.

7. Summary
The 2023/24 Action plan follows the established 2020-2024 Goals, and takes into account new comments from the Community Development Block Grant Advisory and Housing Opportunity Committee recommendation to City Council as well as any other public comments received during the development of the plan.
2023/2024 CDBG Annual Action Plan 6
Attachment 1
2023/2024 CDBG Annual Action Plan 7
PR-05 Lead & Responsible Agencies – 91.200(b)

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

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

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

Consolidated Plan Public Contact Information
Community Development Department
Jason Ridenour
Assistant City Manager
291 N. Main Street
Porterville, CA 93257
(559) 782-7460
2023/2024 CDBG Annual Action Plan 8
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City conducted a thorough outreach effort, consulting with stakeholders of the City to assess needs, set goals and strategize for implementing the Action Plan. It focused on engaging community residents, beneficiaries of entitlement funds, and stakeholders of the City. The City held a community meeting on February 16, 2023, to introduce the Annual Action Plan Planning process to members of the public and gather information regarding the community’s top priorities. The City of Porterville Community Development Block Grant (CDBG) Citizens’ Advisory and Housing Opportunity Committee held a public hearing on February 28, 2023, to obtain the views of citizens, public agencies, and other interested parties on the City’s housing and community development needs and proposed use of funds to achieve objectives, priorities and actions for addressing those needs during Fiscal Year 2023/24. The City also conducted a Community Survey to gather input from community residents and stakeholders of the City. The survey asked participants to identify the greatest needs and priorities in the City that could be addressed through entitlement funding programs and to provide feedback on the use of those funds and to comment on existing programs. The survey, as well as notice of the community meeting and public hearings were posted to the City’s social media accounts. Additionally, the City Council held a second public hearing at its meeting on April 18, 2023.

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

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

The Kings/Tulare County Continuum of Care (Alliance) is made up of a group of advocates, public agencies, homeless individuals, and service providers with the purpose of confronting the needs of the homeless population within the Kings and Tulare County regions. The City of Porterville continues to be an active participant in the monthly Alliance meetings, with the purpose of enhancing coordination between organizations, disseminating knowledge on best practices, and developing a stronger understanding of the needs of the homeless population within both counties. The Alliance also works to reduce duplication of such services and to improve service delivery to homeless people. Furthermore, in adherence to the institutional delivery system, the City financially supports the Alliance, which is recognized as a 501(c)(3) organization of partners. The Alliance implements a coordinated entry and assessment system called Every Door Open, to serve both counties. The system’s purpose is to help at-risk or current homeless people by prioritizing the most vulnerable homeless people, including the chronically homeless, veterans, families with children, and unaccompanied minors, obtain necessary services. 2023/2024 CDBG Annual Action Plan 9
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant Funds, however the City is a member of the local Continuum of Care and participates in the meetings when funding priorities are being set for ESG funds and provides comments on the process, rating and ranking, and outcomes of programs funded with ESG.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Table 2 – Agencies, groups, organizations who participated 2023/2024 CDBG Annual Action Plan 10
1 Agency/Group/Organization Academy Mortgage
Agency/Group/Organization Type Services- Financial
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
2 Agency/Group/Organization Alta Vista Elementary
School District
Agency/Group/Organization Type Services- Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
3 Agency/Group/Organization AMVETS
Agency/Group/Organization Type Services – Health, education and employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
4 Agency/Group/Organization Anthem Blue Cross
Agency/Group/Organization Type Services- Healthcare
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
5 Agency/Group/Organization AspiraNet
Agency/Group/Organization Type Services- Foster Youth
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
6 Agency/Group/Organization Assemblyman Devon Mathis
Agency/Group/Organization Type Government – District
Representative
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2023/2024 CDBG Annual Action Plan 11
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
7 Agency/Group/Organization BAART Programs
Agency/Group/Organization Type Services- Healthcare
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
8 Agency/Group/Organization Bakersfield Barber College
Inc.

Agency/Group/Organization Type Services – Employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
9 Agency/Group/Organization Bank of the Sierra
Agency/Group/Organization Type Services- Financial
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
10 Agency/Group/Organization Burton Unified School
District
Agency/Group/Organization Type Services- Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
11 Agency/Group/Organization California Senate
Agency/Group/Organization Type Government – District
Representative
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
12 Agency/Group/Organization CASA of Tulare County
Agency/Group/Organization Type Services – Youth
2023/2024 CDBG Annual Action Plan 12
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
13 Agency/Group/Organization Central California Family
Crisis Center
Agency/Group/Organization Type Services - Housing ServicesVictims of Domestic Violence Services-homeless Services –
Victims
What section of the Plan was addressed by Consultation? Public Housing Needs Homeless Needs - Chronically
homeless, Homeless Needs -
Families with children
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
14 Agency/Group/Organization Central CA Legal Services
Agency/Group/Organization Type Services - Legal
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
community survey and invited
to attend community meeting
and public hearings.
15 Agency/Group/Organization City of Porterville
Agency/Group/Organization Type Local Government
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Employees were notified of
community survey and invited
to attend community meeting
and public hearings.

Additionally, specific
departments and division were
consulted as part of the AP
planning process.
16 Agency/Group/Organization Community Connect
Agency/Group/Organization Type Services - Financial
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2023/2024 CDBG Annual Action Plan 13
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Employees were notified of
community survey and invited
to attend community meeting
and public hearings.

Additionally, specific
departments and division were
consulted as part of the AP
planning process.
17 Agency/Group/Organization Community Services
Employment Training
(CSET)
Agency/Group/Organization Type Services – Housing
Services-Elderly Persons
Services-homeless
Services-Education
Services-Employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative completed a
survey to provide input to
help prioritize the City's
community needs and
attended the community
meeting.
18 Agency/Group/Organization Eastern Tule Groundwater
Sustainability Agency
Agency/Group/Organization Type Regulatory – Water11
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings, and
invited to participate in the
survey.
19 Agency/Group/Organization Employment Connection
Agency/Group/Organization Type Services – Employment
Services – Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings, and
invited to participate in the
survey.
20 Agency/Group/Organization Employment Development
Department
Agency/Group/Organization Type Services – Employment
Services – Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2023/2024 CDBG Annual Action Plan 14
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings, and
invited to participate in the
survey.
21 Agency/Group/Organization Family Healthcare Network
Agency/Group/Organization Type Services – health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey. A representative
attended the community
meeting and the 1st Public
Hearing.
22 Agency/Group/Organization Family Services of Tulare
County
Agency/Group/Organization Type Housing
Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
23 Agency/Group/Organization Finca Serena – UpHoldings
Agency/Group/Organization Type Developer – Affordable
Housing
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
24 Agency/Group/Organization First American Title
Agency/Group/Organization Type Services- Title
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
25 Agency/Group/Organization Food Link of Tulare County Agency/Group/Organization Type Services- health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2023/2024 CDBG Annual Action Plan 15
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
26 Agency/Group/Organization Homeless Outreach
Program (HOP)
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
27 Agency/Group/Organization Housing Authority of Tulare County
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Public Housing Needs Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
A representative was
contacted by email to provide
updated information regarding
public housing for the 23/24
Action Plan and notified of
public hearings and invited to
attend.
28 Agency/Group/Organization Kings/Tulare Homeless
Alliance
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless
Homeless Needs - Families
with children
Homelessness Needs -
Veterans
Homelessness Needs -
Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearings and
was invited to participate in
the survey.
29 Agency/Group/Organization Kings View
Agency/Group/Organization Type Services – homeless
Services – persons with
disabilities
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
2023/2024 CDBG Annual Action Plan 16
30 Agency/Group/Organization Leadership Porterville
Agency/Group/Organization Type Community Services
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
31 Agency/Group/Organization LINC Committee
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
32 Agency/Group/Organization LOVE Inc.

Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
33 Agency/Group/Organization Parenting Network
Agency/Group/Organization Type Services- children
Services- people with
disabilities
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
34 Agency/Group/Organization Porterville Adult School
Agency/Group/Organization Type Services – Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
35 Agency/Group/Organization Porterville Area
Coordinating Council
(PACC)
Agency/Group/Organization Type Community Services
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2023/2024 CDBG Annual Action Plan 17
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
meetings and hearing and
invited to participate in the
survey.
36 Agency/Group/Organization Porterville Chamber of
Commerce
Agency/Group/Organization Type Economic Development
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
37 Agency/Group/Organization Porterville College
Agency/Group/Organization Type Services- education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
38 Agency/Group/Organization Porterville Unified School District
Agency/Group/Organization Type Services- education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
39 Agency/Group/Organization Proteus
Agency/Group/Organization Type Services- employment
Services- education
Community Services
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
40 Agency/Group/Organization Self-Help Enterprises
Agency/Group/Organization Type Services- Housing
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
2023/2024 CDBG Annual Action Plan 18
41 Agency/Group/Organization Sequoia Family Medical
Center
Agency/Group/Organization Type Services- Health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
42 Agency/Group/Organization Sierra View Medical Center Agency/Group/Organization Type Services- Health
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
43 Agency/Group/Organization Social Security
Administration
Agency/Group/Organization Type Other Government - Federal What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representative was notified of
public hearings and invited to
attend.
44 Agency/Group/Organization St. Anne’s Parish
Agency/Group/Organization Type Faith based
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
45 Agency/Group/Organization Tulare County Early
Childhood Education
Agency/Group/Organization Type Services-Education
Other government – County
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
46 Agency/Group/Organization Tulare County Economic
Development Corporation
Agency/Group/Organization Type Economic Development
Other government – County
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
2023/2024 CDBG Annual Action Plan 19
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
47 Agency/Group/Organization Tulare County Health &
Human Services Agency
Agency/Group/Organization Type Services-Health
Health Agency
Other government – County
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
48 Agency/Group/Organization Tulare County – Mental
Health
Agency/Group/Organization Type Services-Health
Health Agency
Other government – County
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
49 Agency/Group/Organization Tulare County District 5
Supervisor
Agency/Group/Organization Type District Representative
Other government – County
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
50 Agency/Group/Organization Tulare County Public
Defender
Agency/Group/Organization Type Services - Legal
Other government – County
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearing and
invited to participate in the
survey.
51 Agency/Group/Organization Tulare/Kings Hispanic
Chamber of Commerce
Agency/Group/Organization Type Economic Development
2023/2024 CDBG Annual Action Plan 20
What section of the Plan was addressed by Consultation? Homeless Needs – chronically homeless
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
52 Agency/Group/Organization Turning Point of Central
California
Agency/Group/Organization Type Housing
Services – homeless
What section of the Plan was addressed by Consultation? Homeless Needs – chronically homeless
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
53 Agency/Group/Organization United Way of Tulare
County
Agency/Group/Organization Type Services – Health
Services – Education
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
54 Agency/Group/Organization Uplift Family Services
Agency/Group/Organization Type Services – Health, education and employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
55 Agency/Group/Organization Veteran Affairs
Agency/Group/Organization Type Services – Health, education and employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
56 Agency/Group/Organization Walmart DC
Agency/Group/Organization Type Community Service
2023/2024 CDBG Annual Action Plan 21
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
57 Agency/Group/Organization Westcare
Agency/Group/Organization Type Behavioral health and human services
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
58 Agency/Group/Organization Workforce Investment
Board
Agency/Group/Organization Type Employment
What section of the Plan was addressed by Consultation? Current Programs and Community Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Representatives were notified
of meetings and hearings, and
invited to participate in the
survey.
2023/2024 CDBG Annual Action Plan 22
Identify any Agency Types not consulted and provide rationale for not consulting The City reached out to a diverse group of agencies, groups, and organizations for consultation during the City’s outreach period. These groups were also asked to participate in the community needs survey as well as share the survey with other stakeholders. It is possible that members from these organizations participated in the community needs survey, but it cannot be for certain since the survey remained anonymous. Overall, the City did not intentionally exclude any organization from participating.

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

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

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

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

Currently the City is preparing an update to its HE.

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

Regional Housing
Needs Plan for
Tulare County 2014
Tulare County
Association of
Governments
(TCAG)
This plan ensures that affordable housing is equitably
distributed throughout the region. Both plans ensure that there is an adequate supply of affordable housing to meet the current and further needs of the population.
2023/2024 CDBG Annual Action Plan 23
Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with
the goals of each plan?
Pathway Home:

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

Local Homeless
Action Plan
Tulare County &
KTHA
This plan is a regional effort intended keep local agencies informed of funding and activity as it pertains to addressing homelessness county-wide.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
Many organizations were consulted at community meetings, public hearing or by email to engage them in providing feedback. The survey link was also sent and asked to be shared amongst their constituents. Comments are accepted as anonymous to encourage participation. 2023/2024 Annual Action Plan 24
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting To maximize participation in the preparation of the 2023/24 Action Plan, the City held a community meeting, designed and administered a community needs survey, held two public hearings, and conducted outreach by email, social media and electronic outreach. Additionally, announcements were made at the City’s first-time homebuyer education classes and at partner meetings to inform attendees of the AP process and how they could participate. The purpose was to bring awareness and seek input on the City’s housing and community development needs and proposed use of funds to achieve objectives, priorities, and actions for addressing those needs during FY 2023/24. Views obtained during these hearings were considered for the final Action Plan.

Citizen Participation Outreach
2023/2024 Annual Action Plan 25
Sort
Order
Mode
of Out
-reach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL
(If
applicable)
1 Public Meeting Nontargeted/broad community
An Action Plan community
meeting held on February 16,
2023. 11 Participants
attended.

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

No
comments
were rejected
at the public
meeting.
2 Public Hearing Non-targeted/broad community
1st public hearing (February
28, 2023) there were 2 public
members, 5 CDBG Advisory
Board Members and 5 City of
Porterville staff members.
2nd public hearing (April 18,
2023) during a regular City
Council Meeting. Public
attendance consisted of __
viewers on YouTube, __ via
Zoom, and __ in person. City
Council and City staff were
also in attendance. *Will be
updated following meeting.
1st Public hearing
comment
summary: The
Committee
was presented with
community feedback
from the community
meeting and survey, and
they discussed
continuation of current
programs as well as
funding allocations.
2nd Public hearing
comments will be
updated after it takes
place
No
comments
were rejected
at the
1st public
hearing.
2023/2024 Annual Action Plan 26
Sort
Order
Mode
of Out
-reach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL
(If
applicable)
3 Newspaper Ad Minorities, Non-English Speaking (Spanish), Non-targeted/broad community A total of 4 newspaper ads
were sent to notify the public
about public hearings and
community meetings, which
included a timeline for
Action Plan development; 2
in English and 2 in
Spanish.

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

The total number of
people/entities reached will
be updated at the end of the
30 day comment period.

A total of 141 survey
responses were received
and a summary of those
responses are included in
Appendix 1.

No
comments
were
rejected.
5 Printed Materials Minorities, Non-English Speaking (Spanish), Non-targeted/broad community A copy of the survey in
Spanish and English was
available at the public
counter at City Hall, as well
as a copy of the 30-day draft
Action Plan for public
review.

Comments will be
updated if any are
received
will be
updated at
end of 30 day
comment
period
6 Virtual meetings Minorities, Non-English Speaking (Spanish), Residents of Public and Assisted Housing Spanish and English First
Time homebuyer virtual
classes were held in March
and April; 15 people
participated in the 8 hour
class. At the end of the class
their input was requested on
AP planning process. They
were also invited to
participate in the comment
period.

No comments were
received.
will be
updated at
end of 30 day
comment
period
2023/2024 Annual Action Plan 27
Sort
Order
Mode
of Out
-reach
Target of
Outreach
Summary of
response/attendance
Summary of
comments received
Summary of
comments not
accepted
and reasons
URL
(If
applicable)
7 Partner meetings Non-targeted/broad community
Announcements regarding
the Action Plan were made at
the following virtual
meetings held by partner
agencies: Tulare County
Taskforce on Homelessness,
Kings/Tulare Homeless
Alliance, Community
Collaborative meeting, LINC
Committee, Habitat for
Humanity, Porterville
Chamber Government Affairs
Committee Meeting, Tulare
Kings Hispanic Chamber of
Commerce and First Friday
Coffee.

Survey links were shared
for participants of the
meeting to participate as
well as dates for
community meetings,
public hearings and 30
day comment period. No
comments were received.
will be
updated at
end of 30 day
comment
period
8 Community Event Nontargeted/broad community
Staff will be conducting
community outreach at the
Tule Basin Water Foundation
Family Resource Fair on
March 31, 2023.

Comments will be
updated if any are
received.
will be
updated at
end of 30 day
comment
period
Table 4 – Citizen Participation Outreach
2023/2024 Annual Action Plan 28
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City anticipates an annual entitlement of $739,428 per year over the five-year period.

Anticipated Resources
P
r
o
g
r
a
m
Source
of
Funds
Uses of Funds Expected Amount Available Year 4 of Con
Plan
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
C
D
B
G
public - federal
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services 739,428 48,968 565,819 1,418,132 1,454,216
CDBG funds will
be used for public
improvements,
economic
development, and
public services that
benefit low income
and special needs
households.

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

Leverage, in the context of entitlement funding, means bringing other local, state, and federal financial resources to maximize the reach and impact of the City’s HUD Programs. HUD, like many other federal agencies, encourages the recipients of federal monies to demonstrate that efforts are being made to leverage additional funds in order to achieve higher results strategically. Leverage is also a way to increase project efficiencies and benefit from economies of scale that often come with combining sources of funding for similar or expanded scopes. Funds will be leveraged if financial commitments toward the costs of a project from a source other than the originating HUD program are documented. 2023/2024 Annual Action Plan 29
As previously discussed, in addition to its annual CDBG entitlement, the City anticipates HOME Investment Partnerships Program (HOME) funds will be available to meet the goals of the Consolidated Plan. HOME funding is intended to be used for various housing-related programs and activities. HOME funds are generally used to address the housing needs of jurisdictions through the preservation or creation of affordable housing. New construction, housing rehabilitation, assistance to homebuyers, and tenantbased rental assistance are all eligible uses of HOME funds. The City’s HOME dollars come from program income or State grants. For FY 23/24 the city will have available $400,000 in HOME funds from a recently awarded grant, and approximately $600,000 in program income. These funds will be used to meet affordable housing needs. HOME PI is a result of payments received by the City for First Time Homebuyer Loans made in the past with State HOME grants. The First Time Homebuyer Loan Program will not be allocated new CDBG Entitlement funds. There is an anticipated $10,568 New PI from debt repayment of home loans that will be returned to the RL fund to continue to operate the CDBG FTHB loan program.

Remaining carryover on 6/30/2024 or PI for PY 23/24 shall remain and be added to the RL fund to continue the First Time Homebuyer Loan Program.

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

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

The City acquired property located at 140 S. C St, in downtown Porterville from the Porterville Unified School District to lease to Turning Point of Central California (TPOCC): TPOCC is responsible for operation of the Porterville Welcome Center, which offers emergency and bridge housing as well as a service Navigation Center for unhoused individuals. The bridge housing can lead to permanent housing offered by other programs mentioned in the Discussion section below. This year the City is working with Turning point on a possible expansion of the center to provide an additional 30 emergency shelter beds with day services for individuals experiencing homelessness. 2023/2024 Annual Action Plan 30
Discussion
Below is a list of potential financial resources that are considered a part of the City’s overall financial plan to address priority needs and specific objectives identified in the Consolidated Plan. The number and availability of these programs to assist cities are limited, and funding for new projects is unpredictable. The following programs are local, state, and federal programs. None of these are managed locally by the City through funds accessed directly from HUD:
 Housing Authority of Tulare County (HATC): HATC is a public housing authority with jurisdiction within the City and the County. It administers federal and state funds for its public housing projects and government-assisted housing units, such as the Section 8 Housing Choice Voucher Program and Veterans Affairs Supportive Housing (VASH) vouchers.  Low-Income Housing Tax Credit Program (LIHTC): The LIHTC program provides federal and state tax credits for private developers and investors who agree to set aside all or an established percentage of their rental units for low-income households for no less than 30 years. Tax credits may also be utilized on rehabilitation projects, contributing to the preservation program. The program begins when developers and investors apply for an allocation of tax credits from the California Tax Credit Allocation Committee (CTCAC). Tax credits are awarded on a competitive basis at varying times. Compliance is monitored according to the Internal Revenue Service (IRS) rules and regulations.
 Multi-Family Housing Program: If California’s Housing and Community Development Department awards Multi-Family Housing Program loans to assist rental housing developments affordable to low-income households in the City, the City will assist the developers with identifying local funding.
2023/2024 Annual Action Plan 31
Annual Goals and Objectives
AP-20 Annual Goals and Objectives Goals Summary Information Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Affordable
Housing
2020 2024 Affordable
Housing
Citywide Affordable
Housing
CDBG: $707,393 Public service activities other than
Low/Moderate Income Housing Benefit: 90 Persons Assisted Homeowner Housing Rehabilitated: 4 Household Housing Unit Direct Financial Assistance to Homebuyers: 1 Household Assisted 2 Homelessness 2020 2024 Homeless Citywide Homeless
Shelters and/or Services
CDBG: $94,000 Public service activities other than
Low/Moderate Income Housing Benefit: 350 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 2 Household Assisted 3 Strengthening
Neighborhoods
2020 2024 NonHomeless
Special Needs Non-Housing Community Development
Citywide Infrastructure
Improvements Neighborhood Services, Community Services
CDBG: $580,737 Public Facility or Infrastructure
Activities other than Low/Moderate Income Housing Benefit: 168,325 Persons Assisted Public service activities other than Low/Moderate Income Housing Benefit: 100 Persons Assisted Other: 1 4 Economic
Development
2020 2024 Non-Housing
Community Development
Citywide Job Creation/
Retention Programs
CDBG: $72,085 Businesses assisted: 5 Businesses
Assisted
Table 6 – Goals Summary
2023/2024 Annual Action Plan 32
Goal Descriptions
1 Goal Name Affordable Housing
Goal Description
This covers housing benefits, homeowner rehabilitation and financial assistance to new low income homebuyers; homelessness and acquisition of single family homes to rehab for affordable housing, if needed. 2 Goal Name Homelessness
Goal Description
This includes funding for service providers catering to homeless persons, transitional housing and emergency shelters. 3 Goal Name Strengthening Neighborhoods
Goal Description
This includes service provision and infrastructural development such as youth and senior centers, parks and recreational facilities, and curb, gutter, and sidewalk improvements. 4 Goal Name Economic Development
Goal Description
This includes financing for job placements and training programs as well as funding for Large, Small and Microenterprise loans, as well as CDBG-CV projects if needed.

Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)The City of Porterville intends to continue its First time Homebuyer Program and Owner Occupied Housing Rehabilitation Loan Program to allow families to obtain and/or maintain affordable housing, with a combined goal of helping five extremely low-income, low-income, or moderate-income families in program year 2023/24. 2023/2024 Annual Action Plan 33
Projects
AP-35 Projects – 91.220(d)
Introduction
The Consolidated Plan goals below represent high priority needs for the City and serve as the basis for the strategic actions the City will use to meet these needs. The goals, listed in no particular order are:
● Assist in the creation and preservation of affordable housing opportunities ● Support activities to prevent and end homelessness
● Support activities that strengthen neighborhoods.
● Expand economic development and employment opportunity programs.

Projects
# Project Name
1 Grant Administration
2 Navigation Center Operations
3 Case Management for PSH
4 Homebuyer Education Program
5 First Time Low Income Homebuyer Program
6 Fair Housing Education Program
7 Owner Occupied Housing Rehabilitation & Public Utilities Loan Program 8 Business Assistance Program
9 Parks Improvement Program
10 Curb, Gutter and Sidewalk Improvements
11 Continuum of Care (LINC Services)
12 Multi-Sport Field Improvement Project
13 Homeless Outreach Project (HOP)
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The priorities were allocated based on the high priority needs identified in NA-50 of the 2020-2024 Consolidated Plan and based on outreach described in the Citizen’s Participation Plan. This is with the exception of administration of the allocations which is a default first priority area for realization of the goals and projects set in the action plan.
2023/2024 Annual Action Plan 34
AP-38 Project Summary
Project Summary Information
1 Project Name Planning and Administration
Target Area Citywide
Goals Supported Affordable Housing
Homelessness
Strengthening Neighborhoods
Economic Development
Needs Addressed Affordable Housing
Infrastructure Improvements
Neighborhood Services, Community Services
Job Creation/ Retention Programs
Community Facilities
Funding CDBG: $147,885.60
Description Allocation amount: up to 20% of Grant allocation plus up to 20% of current years' (23/24) expected PI. Carry Over: $0 is anticipated carryover from PY 2023/24, however if there is any carryover on 6/30/2024, it will be moved to First Time Low Income Homebuyer Program.

A portion of the CDBG entitlement allocation will be used for reasonable planning and administrative costs associated with the administration of the CDBG funds and other related federal requirements. Administration funds will support oversight activities of the housing department, legal services from the City Attorney's Office, and environmental reviews. The actual amount is based on an estimated amount dependent on anticipated Program Income for FY 23/24 (an estimated additional $10,568.48 of PI from other programs).

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed
activities
Not Applicable
Location Description Citywide
Planned Activities Planning administration of the CDBG funds and other related federal requirements. Administration funds will support oversight activities of the housing department, legal services from the City Attorney's Office, and environmental reviews
2 Project Name Navigation Center Operations
Target Area Citywide
Goals Supported Homelessness
2023/2024 Annual Action Plan 35
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $70,000
Description Allocation amount: Allocation amount not to exceed the sum of:
$70,000 granted it does not exceed the 15% public service cap. Carry Over: $0 is anticipated carryover from PY 2023/24, however if any carryover remains on 6/30/2024 it shall be allocated to First Time Low Income Homebuyer Program. Contingency: These funds can be reallocated to the youth center should a new site become available and the activity resumes operations.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
100 persons assisted
Location Description 140 S. C Street
Planned Activities These funds will be used to provide food, shelter, housing assistance, service linkages and additional staffing for case management services at the Porterville Welcome Center (PWC), a 30-bed shelter facility. 3 Project Name Case Management for PSH
Target Area Citywide
Goals Supported Homelessness
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $15,000
Description Allocation amount: $15,000 granted it does not exceed the 15% public service Cap. Carry Over: $0 is anticipated carryover from PY 2023/24, however if any carryover remains on 6/30/2024 it shall be allocated to First Time Low Income Homebuyer Program.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
At least two very low or extremely low income families/individuals will benefit from this program in FY 2023-24. Five vouchers are assigned to each of the participating cities, and the remaining vouchers will be available based on need. This program covers a portion of the case management for the PSH program. The other portions are covered by other jurisdictions in Tulare County.

Location Description Citywide
Planned Activities The City of Porterville executed a sub-recipient agreement with Family Services of Tulare County to administer this voucher program that provides services within the City of Porterville with the City funding up to $15,000 annually for the case manager services.
4 Project Name Homebuyer Education
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $1,805.10
2023/2024 Annual Action Plan 36
Description Allocation amount: $1805.10 will be allocated for PY 2023/24 Carry Over: $0 is anticipated carryover from PY 2023/24, however if any carryover remains on 6/30/2024 it shall be allocated to First Time Low Income Homebuyer Program. This program continues, however it will be mostly funded with HOME Admin funds; unless there is additional CDBG funds available from the public services cap that can be allocated to this project.

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

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
60 persons assisted
Location Description 291 N. Main St. Porterville CA 93257 Planned Activities The curriculum includes, but is not limited to the following topics:
advantages/disadvantages of homeownership, what the applicant can afford, developing budgets, determining debt ratios, explanation of the loan process, down payments, and closing costs, selection of a real estate agent, selection of property, lead base paint visual assessment certification, writing an offer, the escrow process, and maintenance of the home. Using the funding allocation, the City plans to provide this homebuyer education course free of charge to qualified low income persons. The class will be taught in partnership with a local non-profit who is a HUD Certified Housing Counselor.
5 Project Name First Time Low Income Homebuyer Program
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $301,568.48
Description Allocation amount: $0 shall be added from New Entitlement, $10,568.48 is anticipated New PI from debt repayment of home loans that will be returned to the RL fund to continue to operate the CDBG FTHB loan program and $291,000, is the expected carryover in the RL fund on 6/30/2023 to be used in FY 2023/24; $130,000 of which is contingent on approval of a substantial amendment to the 22/23 Action Plan that is running concurrently with this Action Plan. Carry over: Any carry over on 6/30/2024 shall remain in the RL fund to continue to fund this program.

Target Date 6/30/2024
2023/2024 Annual Action Plan 37
Estimate the number
and type of families
that will benefit from
the proposed
activities
1 income eligible family
Location Description Not Applicable
Planned Activities CDBG program income funds will be used to facilitate movement of lowincome, renter households into the home ownership category with affordable mortgages through a revolving loan program.
6 Project Name Fair Housing Education Program
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding $15,000
Description Allocation amount: $15,000. Carry over: $0 is anticipated as carryover for FY 2023/24, however if any carryover is remaining on 6/30/24 it shall be moved to the First Time Homebuyer Loan Program.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
30 persons assisted
Location Description Citywide
Planned Activities The City will work with Community Services Employment Training (CSET) as a Sub-recipient to conduct outreach and education pertinent to California and Federal Fair Housing laws and best practices to representatives of the housing, lending, and insurance industry and to the public at large within the City of Porterville, such as the annual Fair Housing Conference and report activities quarterly to appropriate city staff, including data on claims, basis of discrimination and demographics of claimants.
7 Project Name Owner Occupied Housing Rehabilitation & Public Utilities Loan Program
Target Area Citywide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $233,934
2023/2024 Annual Action Plan 38
Description Allocation amount: Old Entitlement Balance of $192,678.15 plus $30,000 from PI and $14,400 from anticipated PI, will be allocated for PY 2023/24. Carry over: If any remaining carryover on 6/30/2024 it shall be carried over into the RL fund to continue funding the Owner Occupied Housing Rehabilitation Program. The Ramp program that is part of the Rehabilitation Loan program may be allocated to a Non-Profit agency as a sub recipient to complete repairs or hire contractors to complete appropriate ADA work.

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

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
4 Households
Location Description Citywide
Planned Activities Once an applicant is income qualified, an inspection of the premises is made to identify building code deficiencies, applicable lead-based paint mitigations, and zoning violations. For water and/or sewer connection feasibility, verification will be performed by the City's Engineering Department. The applicant is then counseled as to the extent and cost of the work covered by a rehabilitation loan, the process of selecting a contractor, and maintaining an equity reserve after rehabilitation construction. A systemized program evaluating work completed through on-site inspections and progress payment issuance is administered by the City to assure that abuses of the program do not occur. Final payment is held until the City Chief Building Inspector, Rehabilitation Specialist, and homeowner have indicated completion and satisfaction with the work. 8 Project Name Business Assistance Programs
Target Area Citywide
Goals Supported Economic Development
Needs Addressed Job Creation/ Retention Programs
Funding CDBG: $72,085.36
2023/2024 Annual Action Plan 39
Description Allocation amount: $0 will be allocated for PY 2023/24. Old Entitlement Balance of $15,285.36 plus $16,800 from anticipated PI, will be allocated for PY 2023/24. Additionally, $40,000 will carry over from the microenterprise program that did not begin in 2022-23 as anticipated. Carry Over: $0 is anticipated carry over for FY 2023/24. If any carryover is remaining on 6/30/2024 and any new PI received during the year shall be added into the RL fund to continue funding the Business Assistance Loan Programs as the City continues to accept and review applications for those programs.

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

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

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
It is estimated that at least 1 business will be assisted with these funds in the large or small business category and 4 microenterprises.

Location Description Citywide
Planned Activities Large Business Assistance Program (BAP), Commercial and Industrial Development. This program will provide financial assistance in the amount of $50,000 or greater, when available. The goal of the BAP is to encourage businesses to expand which will lead to increase business activity, job sustainability, and job creation. Small Business Assistance Program (SBAP): SBAP assistance is a minimum of $1,000 and a maximum of $50,000 and will be directed towards businesses that have the greatest potential for long-term job creation. Micro Enterprise Loan Program Assistance is a minimum of $1,000 and a maximum of $10,000 to assist LMI persons start or expand a business. This funding can also be used for the CDBG-CV funded activities if needed.
9 Project Name Parks Improvement Program
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Needs Addressed Infrastructure Improvements
Funding CDBG: $200,873.30
2023/2024 Annual Action Plan 40
Description Allocation amount: Remaining amount from all other 2023/2024 Entitlement allocations shall be added to the Parks Improvement program currently $200,873. Carry Over: $0 is anticipated carryover from PY 2023/24, however if any carryover remains on 6/30/24 it shall be added to the Multi-Sports Field Improvement Project if there is a need in that program, if not it shall remain in the Parks Improvement Program to continue funding park improvement projects at the designated parks.

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

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
15925
Location Description Murry Park, Zalud Park, Fallen Heroes Park, and Tule River Parkway serve Census Tracts 38.02, 41.01 and 41.02, as does the Multi-Sports Field Improvement Project
Planned Activities Using entitlement and program income the City plans to continue making improvements to Murry Park, Zalud Park, Fallen Heroes Park and the Tule River Parkway trail adjacent to Fallen Heroes Park. 10 Project Name Curb, Gutter and Sidewalk Improvements
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Needs Addressed Infrastructure Improvements
Funding CDBG: $100,000
Description Allocation amount: $0. Old entitlement in the amount of $100,000.

Carry Over: $0 is anticipated carryover from PY 2023/24, however if any carryover remains on 6/30/2024 it shall remain in this program to continue funding curb, gutter and sidewalk improvements in low-mod census tract areas. If no project is identified, these funds can be used for the Multi-Use Sports Field Improvement Project.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
Not Applicable
Location Description Citywide
2023/2024 Annual Action Plan 41
Planned Activities At least one infrastructure improvement project including Curb, Gutter and Sidewalk improvements in low-mod census tract areas. 11 Project Name Continuum of Care (LINC Services)
Target Area Citywide
Goals Supported Homelessness
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $5,000
Description Allocation amount: $5,000 granted it does not exceed the 15% public service Cap. Carry Over: $0 is anticipated carryover from PY 2023/24, however if any carryover remains on 6/30/2023 it shall be allocated to First Time Low Income Homebuyer Program.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
150 individuals who are experiencing homelessness
Location Description 140 S C St.

Planned Activities Kings Tulare Homeless Alliance will hold ongoing Local Initiatives Navigation Center (LINC) in the City of Porterville. LINC will connect homeless and people at-risk of homelessness with critical services such as health and dental care, employment assistance, housing assistance, legal services, social services and access to mainstream benefits. They will also provide consumables supplies and services to homeless clients (supplies and services include prescription eyeglasses, bus passes, DMV reduced-fee ID cards, sleeping bags, laundry cards, hygiene kits, food) due to Covid-19 some of these activities may be modified to comply with the social distancing requirements of the state mandate. 12 Project Name Multi-Sport Field Improvement Project
Target Area Citywide
Goals Supported Strengthening Neighborhoods
Needs Addressed Infrastructure Improvements
Funding $279,864
Description Allocation amount: $279,864 will be allocated from for PY 2023/24 for improvements to the Multi-Sports Field Improvement Project. Carry Over: $0 is anticipated carryover from PY 2023/24, however if any carryover remains on 6/30/2024 it shall remain in this project to continue funding improvements to this site.

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

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

Target Date 6/30/2024
2023/2024 Annual Action Plan 42
Estimate the number
and type of families
that will benefit from
the proposed
activities
152,400
Location Description 11.6 acres of undeveloped property to the north of the Heritage Center Planned Activities Improvements or amenities such as artificial turf lighted arena soccer field(s), all-weather surface multi-use court with a shade cover and other amenities.
13 Project Name Homeless Outreach Project (HOP)
Target Area Citywide
Goals Supported Homelessness
Needs Addressed Homeless Shelters and/or Services
Funding CDBG: $4,000
Description Allocation amount not to exceed the sum of: $4,000 granted it does not exceed the 15% public service cap. Carry Over: $0 is anticipated carryover from PY 2023/24, however if any carryover remains on 6/30/2024 it shall be allocated to First Time Low Income Homebuyer Program. Contingency: These funds can be re-allocated to the youth center should a new site become available and the activity resumes operations.

Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed
activities
50 Location Description Citywide
Planned Activities The Homeless Outreach Project provides essential consumable items at the CCFCC drop-in center and during outreach events to those experiencing homelessness.
2023/2024 Annual Action Plan 43
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
The City has not established specific target areas to focus the investment of entitlement funds as it is citywide. As mentioned in the AP-05, Executive Summary, A map of eligible census blocks is included as part of the Executive Summary.

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

Discussion
See above
2023/2024 Annual Action Plan 44
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Although entitlement resources are limited, the City does anticipate expending a significant portion of its CDBG entitlement on the preservation and provision of affordable housing. A detailed discussion of how HUD entitlements will be used to support community and economic development needs within the City is provided in AP-35, with the number of households to be assisted itemized by goal.

One Year Goals for the Number of Households to be Supported Homeless 2
Non-Homeless 5
Special-Needs 0
Total 7
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported
Through
Rental Assistance 2
The Production of New Units 0
Rehab of Existing Units 4
Acquisition of Existing Units 1
Total 7
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
Refer to discussion above.
2023/2024 Annual Action Plan 45
AP-60 Public Housing – 91.220(h)
Introduction
The Housing Authority of Tulare County (HATC) was established in 1945 and is committed to providing rental housing assistance to LMI households, seniors, the disabled, and special-needs populations throughout the region. The agency administers various housing assistance programs, including the public housing program, housing choice voucher program, farm labor program, and senior housing program.

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

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

Actions planned during the next year to address the needs to public housing HATC will continue to own and manage 111 units in the City of Porterville. According to HATC, there is no plan to purchase additional public housing units, nor is there a plan to remove any units from its inventory. In the Fiscal Year 2023-2024, HATC projects to invest a total of $261,150 in Capital Fund improvements for its Public Housing Stock located in the City of Porterville. The noted expenditures will cover maintenance and rehabilitation in public-housing units within the City of Porterville. Capital Fund expenditures will cover a large range of projects, including tree trimming, carpets replacement, ranges, refrigerators, exterior and interior paint, countertops/cabinets, heaters, cement work, fencing as needed for all our sites in Porterville.

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

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

HATC views the goal of homeownership for program participants as one of the long term goals for all of our clients. HATC staff works with tenants to effectively provide them with the necessary resources to achieve homeownership and its Annual Re-Examination Notice provides public-housing participants with an extensive referral list that provides assistance with homeownership. This list includes programs managed by: CSET, City of Porterville, Habitat for Humanity, CalHFA, and Self Help Enterprises. HATC’s program coordinator works with any interested public housing tenant in order to effectively inform them of all the different programs that are available to them. Effective collaboration between the agency and other public and nonprofit agencies is imperative to help promote homeownership 2023/2024 Annual Action Plan 46
among all of its tenants.

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

Discussion
Refer to the discussion above.
2023/2024 Annual Action Plan 47
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City of Porterville (City) is closely involved with the Kings/Tulare Homeless Alliance (KTHA), which serves as the local Continuum of Care on Homelessness (CoC). When possible, the City’s programs designed to serve homeless persons are coordinated with KTHA.

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

These collaborations include:
 Monthly KTHA Membership Meetings
 Tulare County Task Force on Homelessness
 Emergency Shelter/Bridge Housing Project
 Local Initiatives Navigation Center (LINC)
 Annual Point in Time Count
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Targeted outreach efforts of unsheltered homeless persons are coordinated with KTHA Housing Navigators and the Kings View PATH Team. Teams canvas the city to conduct outreach to people experiencing homelessness. When an unsheltered person is identified, they are assessed and connected to services.

Client information is included in the local Homeless Management Information System (HMIS) so that outreach teams can remain apprised of client status on the Coordinated Entry System (CES) housing priority list and other community referrals.

The Homeless Outreach Project (HOP) provides essential consumable items at the Central California Family Crisis Center’s (CCFCC) drop-in center and during outreach events to those experiencing homelessness; and the City of Porterville’s Police Department conducts street outreach and assists individuals experiencing homelessness by connecting them with services and housing resources, and providing crisis intervention. The team consists of a dedicated police officer and a crisis intervention specialist that works will local partners to provide the connection to services.

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

Weekly LINC events offer housing assessments, connections to mainstream benefits, support service providers, and access to other services on a scheduled basis such as vaccinations, haircuts, prescription eyeglasses, etc. The City will provide $5,000 in FY 23/24 to the KTHA for public services related to LINC.

KTHA will continue to utilize its Landlord Relations Specialist (LRS) who is responsible for marketing homeless housing programs to new and existing landlords and property managers, with the goal of expanding the number of units available to households experiencing homelessness. This individual acts as a liaison between landlords, case managers, and clients decreasing the length of time people experiencing homelessness stay in unhoused situations. The LRS will work in the bi-county region with approximate 2023/2024 Annual Action Plan 48
time divided based on Point in Time numbers. This position was created during the pandemic, and since her hire 10 households have located and moved into units as a result of the work of the LRS.

On an annual basis in January, KTHA conducts both a sheltered and unsheltered Point in Time (PIT) count.

The one-day PIT survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Porterville who meet HUD’s definition of homelessness. Information gathered through the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless.

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

The City of Porterville worked closely with Turning Point of Central California to acquire and rehabilitate a school site that now operates as a low-barrier navigation center. The project, Porterville Welcome Center, has 15 beds of low-barrier emergency shelter and 15 beds of low-barrier bridge housing. Since it’s opening in October 2020, the Porterville Welcome Center, connects with an average of 80 people each day. The City and Turning Point are currently considering an expansion of the center to add an additional 30 emergency shelter beds and additional day services for people experiencing homelessness.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of Porterville supports and collaborates with local service providers, through the KTHA, to assist homeless individuals and families. KTHA develops funding priorities for the various funding sources that come through them as they serve as the local Continuum of Care on Homelessness. Funding priorities concentrate on supporting existing projects that support the Housing First model, Permanent Supportive Housing (PSH), Bridge Housing, Navigation Centers, Emergency Shelters, Housing Navigators and other programs that help individuals experiencing housing move from an unhoused situation to permanent housing.
2023/2024 Annual Action Plan 49
Furthermore, the City continues their efforts of providing CDBG funds in the amount of $15,000, to Family Services of Tulare County as matching funds, for case management (public services) to support permanent supportive housing. This project provides case management services to 5 households at any point in time, but is currently assisting 6 households.

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

Projects that serve these vulnerable subpopulations include:

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

In mid-2021, Tulare County Health & Human Services Agency formed a Homeless Multidisciplinary Team (MDT) to work across all jurisdictions and communities in our county. The intent of the team is to work with city administration and departments such as Parks, Public Works, and first responders such as law enforcement, to help engage with individuals experiencing homelessness and help address the applicable needs and supportive services this population needs to be successful. The team includes representatives from Human Services, Mental Health as well as Alcohol and Other Drug services, and Public Health. The MDT partners with programs such as the Porterville Welcome Center, Family Services, the Kings Tulare Homeless Alliance, Salt + Light Works, Kaweah Street Medicine, and numerous other partners to help provide linkage and engagement in robust services.

The MDT has deployed in support of the Porterville Police Department’s Special Methods and Resources Team (SMART) to help engage and offer services to the encampments along the Tule River as well as encampments in other regions of the city. Furthermore, the MDT engages with the Task Force on Homelessness to assist jurisdictions in aiding the homeless members of their communities. These efforts include programs such as the former Project Roomkey, which provided temporary shelter during the pandemic and now Project Homekey, which provides PSH, supportive services at the Welcome Center, the annual Point-in-Time count, and similar activities. City administration and the MDT have also partnered to explore funding opportunities such as California’s Encampment Resolution Fund.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly 2023/2024 Annual Action Plan 50
funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

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

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

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

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

HHSA has also formed an Integrated Services team that is supported by Community Health Workers (CHWs) to identify individuals in need of assistance and link with services and supports including entitlement benefits such as Medi-Cal. This team is focused on expanding access to care during transitions from institutional settings through California Advancing and Innovating Medi-Cal (CalAIM) efforts. Integrated Services works closely with the Managed Care Plans (such as Anthem and Health Net), jurisdictions through initiatives including the Homeless MDT, the Tulare County Task Force on Homelessness, and numerous community partners.

Fair Housing Education is provided in partnership with Community Services Employment Training (CSET) as a sub-recipient to conduct outreach and education pertinent to California and Federal Fair Housing laws and best practices to the public at large within the City of Porterville; providing assistance to people who are being or at risk of eviction when fair housing issues are present, allowing them to remain in their homes.

Discussion
Please refer to the above discussion.
2023/2024 Annual Action Plan 51
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

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

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

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

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

4. Off Street Parking Standards - Parking is highlighted as a barrier to affordable housing in the City’s 23/24 Annual Action Plan. The cost to build parking for affordable units can exponentially increase development costs, as well as potentially decrease the number of units built if parking is surface level.

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

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

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning 2023/2024 Annual Action Plan 52
ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City will continue to assess both its General Plan policies and Zoning Ordinance to assure the process of developing housing for low and moderate-income households are made more accessible. The Housing Element highlights as one of its action plan goals to reduce governmental constraints to the development, improvement, and preservation of housing, particularly to affordable housing for low and moderate-income households. To reach this goal, Porterville has made sure that it is complying with second unit laws.

The City of Porterville has initiated a comprehensive update to City’s Development Code. The last completed update took place in 2013. Since then, the State has passed a number of bills impacting local procedures and development standards. Goals of the update are to create a more user-friendly document, streamline project review, and eliminate inconsistency in the regulations. The update will also ensure the City’s regulations are consistent with State Law.

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

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

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

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

 Residential Density - Porterville allows for residential densities up to 30 dwelling units per acre.  Zoning and Parking Standards - These standards are not highly stringent, so the minimum single family lot size is enough to persuade developers to build single family units for LMI first time home buyers. The majority of residential zones allow for alternative housing types such as mobile 2023/2024 Annual Action Plan 53
homes, group homes and secondary dwelling units.

Discussion:

Please see above.
2023/2024 Annual Action Plan 54
AP-85 Other Actions – 91.220(k)
Introduction:

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

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

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

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

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

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

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

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

Also, the City will work closely with the Tulare County Economic Development Corporation, Tule River Economic Development, CSET, Proteus, and Workforce Investment Board (WIB), to facilitate and enhance economic workforce development opportunities in the City. Additionally, the Community Development Department staff will continue to work closely with the Economic Development Division to administer the CDBG funded Business Assistance Program, which includes CDBG CARES Act (CBDG-CV) funding to help for-profit and non-profit businesses in response to the impacts of COVID-19 and provide operational 2023/2024 Annual Action Plan 55
support to non-profits.

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

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

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

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

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

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

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

Discussion:

Please see discussion above.
2023/2024 Annual Action Plan 56
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

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

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

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

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

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

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

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

1. The amount of urgent need activities 0

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

AP-35 describes how current and new PI will be allocated. 2023/2024 Annual Action Plan 57
APPENDIX 1: Citizen Participation
(This will be finalized after plan is approved by City Council)

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.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
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)

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
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
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

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.

CITY OF PORTERVILLE
CITIZENS’ ADVISORY AND HOUSING OPPORTUNITY COMMITTEE CITIZEN

PARTICIPATION PLAN
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.

City of Porterville 9 Kiwanis Club 1
Tulare County HHSA 5 SVMC 1
TPOCC 3 Community Connect CA 1
CCFCC 3 TC Child Abuse Prevention 1
Kingsview Path 2 TC Board of Sups 1
CSET 2 Uplift Family Services 1
FHCN 2 BAART Methadone 1
SFMC 1 PUSD 1
Gleaners 1
Both 64
Live 46
Work 21
Neither 10
Quadrant Represented
Northwest 49
Southeast 34
Northeast 24
Southwest 23
N/A 10
FTHB Loan Program 94
FTHB Education 79
Rehab Program 68
ADA Ramp Program 65
PUAP Program 63
Fair Housing Education 49

COMMUNITY SURVEY SUMMARY
Agency Representatitves
Live/Work in the City of Porterville
Current CDBG Program Support
0 10 20 30 40 50 60 70
Both
Live
Work
Neither
0 10 20 30 40 50 60
Northwest
Southeast
Northeast
Southwest
N/A
0 20 40 60 80 100
FTHB Loan Program
FTHB Education
Rehab Program
ADA Ramp Program
PUAP Program
Fair housing Eduction
Small Business Assistance 131
Microenterprise Loan 48
Large Business Assistance 26
Case Mgmt PSH 104
COC/KTHA 89
City Operated Youth Center 104
Parks Improvement Prgm 97
Multi-Sport Field Improvement 96
Neighborhood Improvements
Economic Development
Homelessness
0 20 40 60 80 100 120 140
Small Business Assistance
Microenterprise Loan
Large Business Assistance
80 85 90 95 100 105 110
Case Mgmt PSH

COC/KTHA
92 94 96 98 100 102 104 106
City Operated Youth Center
Parks Improvement Prgm
Multi‐Sport Field Improvement
Prioritization of Funds
Homelessness Affordable Housing Neighborhoods Business Assistance

36.2%

14.9% 31.9%

14.9%

14.9%
Comments by Topic
Homelessness Housing
Neighborhoods Economic Development
Other
2023/2024 Annual Action Plan 58
APPENDIX 2: Resolution and Proposed Budget
(This will be finalized after plan is approved by City Council) 2023/2024 Annual Action Plan 59
APPENDIX 3: SF-424s and Certifications
(This will be finalized after plan is approved by City Council) RESOLUTION NO. ___-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE APPROVING THE 2023/2024 ACTION PLAN AND PROPOSED USE OF

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
BE IT HEREBY RESOLVED that the City Council of the City of Porterville does hereby approve the 2023-2024 Action Plan, attached as Exhibit A, and proposed use of Community Development Block Grant Funds with a 2023 Program Year Entitlement Allocation as follows:

Administration $147,885.60
Navigation Center Operations $70,000.00
CCFC – Homeless Outreach Project $4,000.00
Case Management for PSH-FSTC $15,000.00
LINC Services-KTHA $5,000.00
Homebuyer Education $1,805.10
Parks Improvement Program $200,873.30
Multi-Sports Field Improvement Project $279,864.00
Fair Housing Program $15,000.00
Total Funding $739,428.00
PASSED, APPROVED AND ADOPTED this 18th day of April, 2023. _________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
BY __________________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 14.

CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Agreement for the Provision of Recycled Water and Provisional Domestic Water for the Tule River Tribe Development Project
SOURCE: Administrative Services
COMMENT: The Tule River Tribe is in the process of constructing Phase I of a casino-resort project (the "Project") within a 40-acre site it owns, and which has been placed into trust, near the Porterville Municipal Airport. The Tribe intends to construct Phase 2 of the casino project within the next ten (10) years. The current phase includes a casino, food and beverage facilities, administrative space, a multipurpose events center, and associated parking and infrastructure. Phase II plans include a hotel facility, a conference center, and additional event facilities. The Project requires the development of an additional water supply (for non-potable uses) to offset the new demands on the City's water system resulting from the Project, which resulted in the parties entering into a Development and Reimbursement Agreement, for the development and construction of Tertiary Wastewater System Facilities ("TWSF"). The development of those facilities is nearing completion; however the facilities will not be fully operational until after the planned opening of Phase I of the Project.

The attached Agreement establishes the terms and conditions for the supply of recycled water to be delivered to the Project for non-potable water use, and sets forth the terms and conditions for the supply of provisional or emergency domestic potable water for that use. The cost of recycled water charged would be consistent with the City's current charges for potable water and would not exceed the reasonable cost of providing the service. The current version, with input from the Tribe, proposes that additional potable water (for nonpotable use) be available to supplement the Project demands in the event the Project's recycled water demands exceed the TWSF capacity, under any circumstances where the TWSF is offline or recycled water has become unavailable, or during the period the TWSF is not yet fully operational for a period not to exceed twelve (12) months after execution of this Agreement. At such times that the TWSF and related facilities are fully operational and supplying recycled water, the City's water use and outdoor irrigation restrictions shall not apply to the Project. However, at any time that additional domestic water is required for non-potable use at the Project (either alternatively or supplementally), the City's water use restrictions in effect at the time shall apply to the Project.

The Agreement also addresses proper water recycling cross-connection and controls to ensure the complete separation of the recycled and potable water systems, because the City, as the Water Purveyor (both potable and nonpotable) for the Project, is responsible for ensuring that the cross-connection controls are Item No. 14.
in full compliance with the State requirements.

RECOMMENDATION: That the City Council consider the draft Agreement, provide any additional Council direction, and authorize execution of the Agreement subject to approval by the City Manager and City Attorney.

ATTACHMENTS: 1. Draft Agreement
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
04/13/23 Agenda Draft

AGREEMENT FOR PROVISION OF

RECYCLED WATER AND PROVISIONAL DOMESTIC WATER FOR THE TULE RIVER TRIBE

DEVELOPMENT PROJECT
This Agreement for the Provision of Recycled and Provisional Domestic Water for the Tule River Tribe Development Project, hereinafter ("Agreement") is made and entered into effective [______________] by and between the City of Porterville ("City"), a California charter city, and the Tule River Tribe ("Tribe"), a federallyrecognized Indian tribe, collectively referred to herein as the "Parties".

RECITALS
A. WHEREAS, the Tribe is in the process of constructing Phase 1 of a casino-resort and intends to construct Phase 2 of the casino-resort within the next ten years (collectively, Phase 1 and Phase 2 of the casino-resort shall be referred to herein as the "Project") within a 40-acre site it owns and has been placed into trust near the Porterville Airport ("40-acre Airpark Property"), which currently includes a casino, food and beverage facilities, administrative space, a multi-purpose events center, and associated parking and infrastructure and other uses that may be developed by the Tribe on the 40-acre Airpark Property; B. WHEREAS, future Tribe development plans include a hotel facility, a conference center, and additional event facilities;
C. WHEREAS, the Project requires wastewater management services, as well as recycled water for irrigation and indoor uses for which potable water is not generally necessary; D. WHEREAS, the development of an additional water supply was required to offset any new demands on the City’s current water supply resulting from development of the Project; E. WHEREAS, the City provides wastewater management services within its service area;
F. WHEREAS, the City is responsible for distribution of potable and recycled water within its service area in accordance with applicable rules and regulations; G. WHEREAS, the Parties have agreed that the Project's development, to be consistent with City land use standards, requires the planning, design, engineering and construction of additional Cityowned tertiary wastewater management facilities, and construction of wastewater collection and recycled water distribution facilities to serve the Project with sewage treatment and disposal services and recycled water for use on the Project site and upon the City Sports Complex ("Tertiary Wastewater System Facilities" or "TWSF"), thereby reducing current potable water use;
H. WHEREAS, the Parties and the Porterville Area Development Authority (“Authority”) have entered into a Development and Reimbursement Agreement for Wastewater and Recycled Water System Facilities and Improvements for the purpose of determining the rights and obligations of the Parties concerning the design, construction and financing of the Wastewater Improvements and the TWSF; I. WHEREAS, the Parties have formed the Authority in part to oversee the construction and funding of the TWSF; and
J. WHEREAS, the Parties desire to establish the terms and conditions for the supply of recycled water to be delivered to the Project for non-potable water uses, and to establish terms and conditions for the supply of provisional or emergency domestic potable water. 04/13/23 Agenda Draft

AGREEMENT
NOW, THEREFORE, in consideration of these Recitals and the mutual covenants contained herein, the City and the Tribe agree as follows:

1. COST OF RECYCLED WATER.
a. Cost of Recycled Water. The Parties agree that the cost of recycled water charged to the Tribe and the City, respectively, for delivery to the Project and the City Sports Complex shall be in accordance and consistent with the current City Council Resolution Setting Water User Fees under Municipal Code Chapter 25, and California law and shall not exceed the estimated reasonable cost of providing the service. The current recycled water rates are applied as follows:

Fixed Monthly Meter Rate (Size) + (Total Units Hundred Cubic Feet x Water Consumption Charge) = Monthly Charge For illustrative purposes only, the following calculation is an example of how the recycled water monthly charge would be calculated using 2023 numbers. In 2023, the Fixed Monthly Meter Rate (also called a Standby charge) for a 4-inch meter is $59.53/month; and the water rate per hcf is $1.91/hcf. Assuming a customer were to use 500 units of water per month, the monthly cost would be:

Example Only: ($59.53) + ($1.91/hcf *500 hcf) = $1,014.53/monthly charge b. Payment to the City. The Tribe shall be invoiced monthly for recycled water actually delivered through the Master Meter as described in Paragraph 4 and the Tribe agrees to remit payment to the City within 30 days of receipt.

2. RECYCLED WATER. The City agrees to supply the Tribe with recycled water for non-potable use subject to the following terms and conditions.
a. Recycled Water Quantity. The City does not guarantee to provide a designated quantity of recycled water. However, the City will make every reasonable effort to diligently operate the TWSF and the City’s wastewater treatment system to satisfy the Tribe's recycled water demands. The Tribe further acknowledges and accepts that there may be unanticipated interruptions in recycled water service due to demand, emergencies, water quality issues, regulatory requirements or other unplanned events. During such interruptions, the City shall take reasonable measures to provide supplemental potable water to the Tribe, if necessary, until sufficient recycled water is available. The method for providing supplemental potable water is further detailed in Section 3. In addition, in the event of any interruption or shortfall in meeting the Tribe's monthly minimum demands, the City shall supply sufficient recycled water to satisfy the Tribe's demands before supplying recycled water to the City Sports Complex or any other future user of recycled water produced by the TWSF.
b. Recycled Water Quality. Recycled water provided pursuant to this Agreement shall be treated in conformance with the water quality requirements provided by Title 22, Division 4, of the California Code of Regulations ("CCR"), section 60301.230, which describe Disinfected Tertiary Recycled Water. This type of recycled water has been approved for use for all of the nonpotable purposes identified in Article 3 of Title 22.

The City shall use its best efforts to ensure that said recycled water meets the forgoing Title 22 standards; however, the City does not guarantee or warrant the quality of the recycled water provided to the Tribe.

The Parties further recognize that during periods of drought or other water supply shortage, the City may 04/13/23 Agenda Draft
experience lower wastewater flows as a result of water use efficiency efforts. However, the amounts of salts received would not decrease and can cause the TDS levels to rise. During such drought or other water supply shortage periods designated by the City, the Parties agree that recycled water with TDS concentrations of no more than 1200 mg/l will be an acceptable quality to the Tribe under the terms of this Agreement. In no case shall the Tribe be required at any time to accept recycled water with TDS concentrations in excess of 1200 mg/L.
c. Recycled Water Delivery Pressure. Recycled water provided by the City at the Master Meter shall be provided at the following pressures: 60 psi minimum pressure and 150 psi maximum pressure.

3. DOMESTIC POTABLE WATER. The City agrees to provide supplemental domestic potable water (in addition to the potable water that will be provided on a regular basis for the potable water needs of the Project) under the following circumstances and subject to the following terms and conditions:
a. If available and as necessary, the City agrees to supplement the Project’s recycled water supply during times when the Project’s recycled water demands exceed the TWSF capacity. All charges for the water supplied, including the portion of potable water blended with recycled water, will be invoiced to the Tribe at the recycled water rate currently in effect.
b. The City further agrees to supplement the Project’s recycled water needs with potable water in circumstances when the TWSF is offline or recycled water is unavailable for any reason. The City can choose to provide potable water either (1) through the air-gap directly into the recycled water tank at the TWSF, or (2) through the Swivel-ell described in Subsection 3.d. The City shall charge the Tribe for all water actually delivered through the Master Meter at the Project site; the Tribe shall be charged at the then-current domestic potable water rate if domestic potable water is delivered through the Master Meter; and/or the Tribe shall be charged at the then-current recycled water rate if potable water blended with recycled water is delivered through the Master Meter, as applicable.
c. The City further agrees to supplement the Project’s recycled water needs with potable water in the event that the TWSF is not fully operational at the time this Agreement is executed. The price of potable water charged shall not exceed the then current domestic potable water rates charged by the City. The City shall invoice the Tribe monthly for any such water use. It is anticipated that the TWSF and related system facilities will be operational 6 months after the opening of the Casino Facility. In the event the TWSF and related system facilities are not operational within twelve (12) months after execution of this Agreement, the City may implement additional reasonable potable water use restrictions if needed to address resulting negative water supply and or distribution impacts to the City residents. d. Cross-connection restrictions/approved “Swivel Ell” requirements.

The City of Porterville Public Works Department or their designee will inspect the installation of the proposed recycled water systems at the Eagle Mountain Casino Relocation Site Facility as the Water Purveyor. All potable and recycled water piping will be completely separated, and all recycled water piping will be identified and installed in accordance with the latest California Plumbing Code (CPC) and City of Porterville Public Works Department (CPPWD) Rules and Regulations. Prior to the site’s reception of recycled water, an American Water Works Association (AWWA) certified Cross-Connection Control Program Specialist (CCCPS) will certify that the recycled water system is free of cross-connections, certification will be witnessed or performed by City of Porterville CCCPS, using the test methodology described in the following section. e. Water Recycling Cross-Connection Control Test Methodology For On-Site Recycled Water Dual-plumbed Systems
In the City of Porterville Public Works Department (CPPWD) service area, the following method is used for conducting a cross-connection control test on all sites where recycled water is intended to be used. This test is 04/13/23 Agenda Draft
to ensure the complete separation of the recycled and potable water systems. A certified AWWA CrossConnection Control Specialist must perform the test. Note that, prior to recycled water being introduced to the recycled water system for the first time, for the purpose of this test, the recycled and potable water systems must be pressurized with potable water using the proper means of backflow protection.

First part of the test:
(1) The potable water system shall be activated and pressurized. The recycled water system shall be shut down at its point of connection (a temporary source of potable water) and completely depressurized.
(2) The potable water system shall remain pressurized for a minimum period of time specified by the Cross-Connection Control Specialist while the recycled water system is depressurized. The minimum period of time the recycled water system is to remain depressurized shall be determined on a case-by case basis, taking into account the size and complexity of the potable water and recycled water systems, but in no case shall that period be less than one (1) hour. (3) All recycled water appurtenances, and any site features that are approved to be supplied with recycled water shall be tested and inspected for flow. Continuous flow from any part of the recycled water system indicates a cross-connection.
(4) All potable water fixtures (interior and exterior)—faucets, hose bibs, drinking fountains, supply lines to decorative fountains, etc.—shall be tested and inspected for flow. No flow from any potable water outlet indicates that it may be connected to the recycled water system. (5) If no cross-connections are discovered, proceed to the second part of the test. If any crossconnections are found, they must be disconnected, and the site must be retested by an AWWA Cross-Connection Control Specialist per these procedures.

Second part of the test:
(1) The potable water system shall be shut down at its point of connection (usually the meter) and completely depressurized—usually at its drain valve or at the reduced pressure principle backflow device.
(2) The recycled water system shall then be activated and pressurized using a temporary source of potable water.
(3) The recycled water system shall remain pressurized for a minimum period of time specified by the Cross-Connection Control Specialist while the potable water system is depressurized. The minimum period of time the potable water system is to remain depressurized shall be determined on a case-by case basis, but in no case shall that period be less than one (1) hour. (4) All potable water fixtures (interior and exterior)—faucets, hose bibs, drinking fountains, supply lines to decorative fountains, etc.—shall be tested and inspected for flow. Some flow may occur from water breaking loose from an air lock in an overhead water line. The amount of flow to cause a concern is a judgment call by the Cross-Connection Control Specialist. Continuous flow from any part of the potable water system (that is beyond the drainage generated by an air lock breaking free) indicates a cross-connection.
(5) All recycled water appurtenances, and any other site features that are approved to be supplied with recycled water shall be tested and inspected for flow. No flow indicates that it may be connected to the potable water system.
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(6) If no cross-connections are discovered, then the potable water system shall be re-pressurized.

If any cross-connections are found, they must be disconnected, and the site must be retested by an AWWA Cross-Connection Control Specialist per these procedures. (7) The certified AWWA Cross-Connection Control Specialist responsible for completing the above test must indicate the results to the City of Porterville Public Works Department.

A representative of the site’s owner will receive training and be certified by CPPWD as a site supervisor.

Beginning annually after the first date of recycled water use, the site supervisor shall ensure that the dual plumbed recycled water system is visually inspected by a certified AWWA Cross-Connection Control Specialist for possible cross connections with the potable water system. The site supervisor shall provide the Specialist’s name, certification number, and date of inspection on an annual site inspection report form for CPPWD which shall be returned to the CDPH. Once every four years, the dual-plumbed recycled water system shall be tested in accordance with the method set forth in this report. In addition to the Shutdown Test every four years, City CCCPS staff will perform an annual backflow test, visual site inspection, and coordinated review of as builds for any changes to project conditions after the previous shutdown test that could trigger the test to be performed before the fourth year. f. Swivel “Ell”
The Project will be using disinfected tertiary recycled water, from the TWSF currently being constructed by the Tribe to be owned by the City of Porterville, for all non-potable uses within the restrooms and outdoor irrigation at the newly constructed casino facility. To directly offset domestic potable water supply, recycled water will be the water source for all urinals and water closets throughout the facility.

The recycled water supply serving the reclaimed water system, urinals and water closets, will enter the building, via a 4’’ metered service and after passing through an on-site booster pump, be dispersed to restrooms within the casino. In order to prevent interruptions in service, the Project’s recycled water supply will be outfitted with a Swivel Ell water connection, which will allow the nonpotable water pipeline supplying the casino to be supplied either from a recycled water pipeline or a potable water pipeline, but not both. The Tribe and City agree that recycled water will the primary water supply to the Project for nonpotable purposes, and that the Swivel Ell will only be switched to the potable water supply when recycled water is unavailable or not meeting Title 22 water quality requirements. The Swivel Ell shall be designed and constructed in accordance with the Design and Construction Criteria outlined in Subsection G. g. Swivel Ell Design and Construction Criteria
(1) Prior to operation of a swivel-ell, the City will receive approval for the design and construction plans of that swivel-ell from the State Water Resources Control Board. (2) The drinking water supply must not, under any circumstances, be directly connected to the recycled water supply, nor be designed such that the recycled water use site could be supplied concurrently by a recycled water supply and a drinking water supply. Therefore, the only authorized operation will be performed by CPPWD Water Utility Division. Failure to follow this criteria could be cause to evaluate continued service to the dual plumbed facility. (3) The drinking water supply line and the recycled water supply line must be offset in a manner that ensures a tee-connection, spool, or other prefabricated mechanical appurtenance(s) could not be readily utilized in lieu of the swivel-ell connection, nor result in the recycled water use site being supplied concurrently by recycled water and drinking water. 04/13/23 Agenda Draft
(4) The recycled water supply line used in conjunction with the swivel-ell must be the only recycled water supply to the recycled water use site.
(5) The swivel-ell must be located as close as practical to the public water system service connection, with the swivel-ell connection being located as close as practical to the RP upstream of the swivel-ell.

The Swivel Ell must:
(1) Be located above ground;
(2) Be color-coded pursuant to section 116815 of the CHSC and its implementing regulations; (3) Include appropriate signage, as required by regulation and the State Water Board; (4) Be provided the security necessary to prevent interconnections, vandalism, unauthorized entry, etc.; and
(5) Be provided with meters on both the recycled water service and drinking water service connections.

All recycled water piping will be permanently marked in accordance with the latest version of the California Plumbing Code (CPC) and CPPWD Rules and Regulations to identify that it contains recycled water. Those who operate and maintain the urinals and water closets will receive training through CPPWD in the safe use of recycled water.

4. MASTER METER. A master recycled water flow meter ("Master Meter") shall be purchased and installed by the Tribe in a location mutually agreeable to the Parties for the purpose of measuring the quantity of recycled water supplied by the City and for billing purposes. For the duration of this Agreement, the City shall read the Master Meter on the first day of each month and report the meter reading and recycled water use to the Tribe by the 10th day of each month. Operation, maintenance, and calibration of the Master Meter shall be the responsibility of the City, and conducted on a mutually agreeable schedule; however, calibration of the Master Meter shall be performed at a minimum of at least every five (5) years from the date of operation. All costs associated with the Master Meter shall be the responsibility of the City.

5. WATER USE RESTRICTIONS. In the event that that additional domestic potable water use (other than the potable water that will be provided on a regular basis for the potable water needs of the Project) is required, either alternatively or supplementally to recycled water use, the City’s water use restrictions in effect at the time, including but not limited to outdoor irrigation restrictions, shall apply to the Project. At such times that the TWSF and related facilities are fully operational and supplying recycled water, the City’s water use and outdoor irrigation restrictions shall not apply to the Project.

6. OWNERSHIP, OPERATION AND MAINTENANCE RESPONSIBILITIES.

Ownership, Operation and Maintenance. The City shall own, operate and maintain the infrastructure required for the production and delivery of recycled water to the Tribe following acceptance of the TWSF, as provided in the Development and Reimbursement Agreement for Wastewater and Recycled Water System Facilities and Improvements executed by the parties in 2021. The City shall be the sole owner of the TWSF.

The Tribe shall own, and be responsible for the operation and maintenance of any associated backflow prevention devices downstream of the Master Meter. Proper construction/installation, repair, and maintenance of all water and wastewater system devices, lines, and facilities at the Project, in compliance with the applicable State and City regulations, laws, regulations and established requirements related to the water and wastewater service is a required condition for the continued provision of City water and 04/13/23 Agenda Draft
wastewater services to the Project.

7. TERM AND TERMINATION.
a. Term. This Agreement shall continue in effect unless terminated as provided by subdivision (b) of this Section 7.
b. Termination. If at any time during the term of this Agreement, recycled water in compliance with the standards referenced herein cannot lawfully be used by the Tribe for the purposes intended by this Agreement, because of government regulations now in effect or hereinafter imposed, or, if the Tribe should for any reason breach its obligations under this Agreement in any material respect, including, but not limited to, failure to pay for recycled water as required, failure to accept recycled water as required, construction or use of a recycled/domestic water cross connection that has not been approved by the City, or other substantial failure, the City may terminate this Agreement with no further obligation by giving 180 days' written notice thereof to the Tribe. During said 180-day period, the Tribe shall have the opportunity to cure the breach in the Agreement before termination occurs.

In the event the City refuses to deliver recycled water to the Tribe in conformance with this Agreement for any reason, or if the City fails to deliver recycled water that complies with all applicable federal, state and local standards required for the Tribe's intended use of the recycled water, the Tribe may terminate this Agreement with no further obligation upon 180 days' written notice thereof. During said 180-day period, the City shall have the opportunity to cure the breach in the Agreement before termination occurs. c. Water Shut-off. Except as set forth in Section 5 herein, the Tribe is subject to the City’s standard domestic potable water shut-off regulations and policies and procedures applicable to all City water customers. Additionally, the City shall have the right to shut-off water service immediately if there is violation of Section 3.f through 3.g of this Agreement, or Section 6 of this Agreement, resulting in a potential public health and safety concern. It is expressly agreed by the parties that City’s ability to shut-off water is not subject the Dispute Resolution procedures set for in Section 9 below, as a condition or prior to the service interruption.

Water service will be reinstated in accordance with the State and City laws, regulations and standard procedures, and upon the public health and safety concern having been remedied.

8. INDEMNIFICATION. The City agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless the Tribe, its Council Members, directors, officers, employees, and agents from any damage, liability, or cost (including attorneys' fees and costs of defense) arising from or relating to this Agreement, to the extent caused by the City's negligence or willful or intentional misconduct. The Tribe agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless the City, its council members, officers, employees, and agents from any damage, liability, or cost (including attorneys' fees and costs of defense) arising from or relating to this Agreement, to the extent caused by the Tribe's negligence or willful or intentional misconduct.

9. DISPUTE RESOLUTION; LIMITED WAIVER OF SOVEREIGN IMMUNITY. a. Limited Waiver of Sovereign Immunity. In the event of a dispute between the Tribe and the City over the interpretation, application, obligations, or enforcement of this Agreement, the Tribe hereby expressly grants to the City a limited waiver of the Tribe's sovereign immunity, solely for actions brought by the City, in accordance with the dispute resolution provisions provided herein; provided, however, that any award shall be limited to actual damages and shall specifically exclude punitive, consequential, incidental, expectancy and all other special damages. This limited waiver of sovereign immunity does not extend to any action brought against any Tribal Council Member, Tribal employee, Tribal agent, Tribal member, or any other individual acting on behalf of the Tribe. This limited waiver of sovereign immunity shall not diminish or 04/13/23 Agenda Draft
otherwise affect any defense or immunity to which such persons are entitled under the laws of the applicable jurisdiction. Except as expressly set forth herein, the Tribe does not waive, limit or modify its sovereign immunity.

1. Dispute Resolution. This Section shall govern the resolution of all controversies or claims between the Tribe and the City that arise from this Agreement and any modifications hereto. Wherever this Agreement makes reference to any means of resolving a dispute between the Parties, the Parties agree to follow the meet and confer and mediation procedure described below prior to initiating the arbitration procedures. (a) Voluntary Resolution, Meet and Confer Obligation. Whenever possible, the Parties shall make their best efforts to informally resolve disputes that occur under this Agreement. In order to foster a spirit of cooperation and efficiency in the administration of the terms and conditions of this Agreement, disputes between the Tribe and the City shall first be subjected to a good faith meet and confer process as follows:
(i) The aggrieved Party shall give the other, as soon as possible after the event giving rise to the concern, written notice setting forth, with specificity, the issues to be resolved. Notice shall be provided in writing pursuant to the provisions of Section 15 herein. Said notice shall suggest a date, time and place for the meeting. The Tribe and the City may jointly decide to meet at another time and place; provided, however, the Parties agree that such meeting shall commence within fifteen (15) calendar days after the date that the original notice was given to the applicable Party, unless the Parties agree that there is good cause to extend this time limit.
(ii) The Parties agree that the meet and confer, including proceedings or discussions concerning the proposed meet and confer, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence. All conduct, statements, promises, offers, views and opinions, oral or written, made during a meet and confer by any Party or a Party’s agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding, including mediation and non-binding arbitration, involving the Parties; provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the meet and confer. (iii) Absent mutual consent of the Parties, if a noticed meeting fails to commence within the fifteen (15) calendar day period, or if a reasonable attempt to schedule or reschedule the meeting has not been made within those fifteen (15) calendar days, then the meet and confer obligation imposed under this Section shall be deemed to have been satisfied and the Parties shall be free to pursue their rights and remedies under Subsection (b) herein, unless the reason for such failure to meet and confer is the refusal of the Party asserting a claim to participate in the meet and confer, in which event said claim will be deemed to have been waived.
(iv) If the dispute is not resolved to the satisfaction of the Parties within thirty (30) calendar days after the first meeting, then upon the written request of either Party, the dispute may be submitted to non-binding mediation in accordance with this Section (“Mediation Request”). The disputes submitted to non-binding mediation shall be limited to claims that this Agreement has been breached by either the Tribe or the City.
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(b) Mediation. In the event a dispute arising under this Agreement is not resolved through the above-described meet and confer process, within thirty (30) days after notice is provided through a Mediation Request, the Tribe and the City agree to participate in non-binding mediation administered by a mediator, mutually agreeable to the Parties, to act as a mediator to help mediate and settle the dispute as soon as practicable. The mediation shall proceed as follows:
(i) The mediation shall be held at a mutually agreeable location within Tulare County, California.
(ii) The Parties shall work together to select a single mediator, but if the Parties cannot agree on a mediator within forty-five (45) days of requesting a hearing, each Party will provide three (3) names of mediators based on substantive and procedural knowledge, availability, and location. Each side will have an opportunity to strike 1 name, and to the extent two mediators remain, rank the remaining names. The numbers will be added together and the mediator whose rank is the lowest, which is most favorable, will be chosen mediator.
(iii) The mediator shall meet with and hear presentations by the Parties as soon as practicable after appointment.
(iv) Mediation will be conducted consistent with California Evidence Code Sections 1115-1128. The mediator shall owe a professional duty to both the Tribe and the City, and shall be barred from testifying in any litigation or arbitration concerning any information obtained or disclosed in the course of the mediation.
(v) Each side shall bear its own costs and attorneys’ fees, and one-half of all fees and expenses of the mediator.
(vi) Unless otherwise agreed upon by the Parties in writing, the mediation shall be completed within ninety (90) days of the selection of the mediator. (vii) The mediator’s decision shall not be binding on or admissible against either Party. The Arbitrable Dispute shall be resolved in accordance with the arbitration provisions set forth in Section (c) below if: (1) a Party elects to reject the mediator’s decision; (2) either Party refuses to participate in the mediation process after mediation filing; (3) the Parties fail to agree upon a mediator within the specified period; or (4) the mediator does not meet with the Parties.
(viii) The Parties agree that the mediation, including proceedings or discussions concerning the mediation, is to be considered a confidential settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence.

All conduct, statements, promises, offers, views and opinions, oral or written, made during the mediation by any Party or a Party’s agent, employee, or attorney shall be deemed to be confidential and shall not be subject to discovery or admissible for any purpose, including impeachment, in any litigation or other proceeding, including and non-binding arbitration, involving the Parties; provided, however, that evidence otherwise subject to discovery or admissible is not excluded from discovery or admission into evidence simply as a result of it having been used in connection with the mediation.
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(c) Arbitration. Following the satisfaction of the meet and confer and mediation requirement, any controversy(ies) or claim(s) arising out of or relating to this Agreement that was not resolved during the meet and confer or mediation (as applicable) must be resolved through binding arbitration. The arbitration shall be held only in accordance with the following procedures:
(i) Either Party may initiate the applicable arbitration by delivering a written notice to the other Party that states the specific issue(s) in dispute, the relevant provision(s) of the Agreement, and the relief requested.
(ii) Within twenty-one (21) calendar days after delivery of such notice, each Party shall notify the other of the name of a practicing lawyer or retired judge with whom the notifying Party desires to have serve as an arbitrator. The lawyer or retired judge shall have experience in California water law and Federal Indian Law, and whose law firm, if applicable, has at no time represented or acted on behalf of either of the Parties or any person with control over either of the Parties. If either Party fails to act within the twentyone (21) calendar day period, the arbitrator who should have been appointed by that Party will be appointed pursuant to the same procedures followed when agreement cannot be reached as to the third arbitrator. (iii) Within ten (10) calendar days after arbitrators are appointed by each Party, the two appointed arbitrators shall meet (in person or by phone) to appoint a third arbitrator with the same qualifications and background. Together, the three arbitrators shall comprise the Arbitration Panel. In the event agreement cannot be reached on the appointment of a third arbitrator at the meeting held within the ten (10) calendar day period, the third arbitrator shall be selected by the Judicial Arbitration and Mediation Service (“JAMS”), or such other reputable provider of Alternative Dispute Resolution (“ADR”) services as may be agreed by the Parties or, in the absence of such agreement, by the Party requesting arbitration. In the event of any subsequent vacancy or inability to perform, the arbitrator who resigns or becomes unable to perform shall be replaced in accordance with the provision of this Section as if such replacement were an initial appointment to be made hereunder. Notwithstanding the foregoing, the Parties may agree to use a single arbitrator as the Arbitration Panel, provided that the Parties agree on the arbitrator to be appointed. (iv) Each Party shall have the right to conduct discovery in connection with the arbitration proceedings, but such discovery shall be limited to the pre-hearing production of relevant documents and to such depositions, limited both in number of depositions and duration, as the Arbitration Panel may approve by majority vote.
(v) The Arbitration Panel shall hear any and all issues of law and of fact properly raised pursuant to the procedures herein and shall make its decision by majority vote within thirty (30) calendar days after the close of evidence and briefing in the arbitration. The decision shall be issued in writing and include findings of fact, conclusions of law, and the reasons on which the decision is based. (vi) The Arbitration Panel shall have no power to vary or modify any terms of this Agreement, or to decline or fail to follow applicable tribal, state or federal statutory or common law. (vii) Each Party to the arbitration shall pay its own attorneys’ and expert witness fees and any other costs associated with the arbitration. The Arbitration Panel shall determine by majority vote who shall bear the fees and expenses of the Arbitration Panel or whether the fees and expenses of the Arbitration 04/13/23 Agenda Draft
Panel shall be shared by the Parties, and if so, in what proportions. The Arbitration Panel’s determination as to the allocation of the fees and expenses of the arbitration shall be binding on the Parties. (viii) The arbitration shall be held at a mutually agreeable location within Tulare County, California.
(d) Jurisdiction of Courts. A Party that has participated in arbitration as set forth in Subsection (c) of this Section (or who has made a good faith effort to do so despite the other’s failure to participate) may initiate judicial proceedings to confirm, enforce or vacate the applicable arbitration award in the United States District Court for the Eastern District of California. If, and only if, the United States District Court for the Eastern District of California determines that it is without jurisdiction, the Tribe consents to be sued in the Superior Court of the State of California for the County of Tulare, but solely to compel, enforce, modify or vacate any arbitration award.

10. APPLICABLE LAW. This Agreement is entered into in the State of California and applicable California and federal law shall apply to the interpretation and construction of all of its provisions.

11. JURISDICTION/VENUE. This Agreement is entered into and to be performed in Tulare County, California. The proper jurisdiction, forum and venue for any claims, causes of action or other proceedings concerning this Agreement shall be in the state and federal courts located in the State of California, County of Tulare.

12. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors in interest, assigns, and personal representatives. The Tribe, and its assigns, successors in interest, and personal representatives, agree to disclose the terms and conditions of this Agreement to their respective successors in interest and assignees prior to the date of transfer.

13. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the Parties hereto with respect to the subject matter hereof superseding all negotiations, prior discussions and preliminary agreements and understandings, written or oral.

14. MODIFICATION/ASSIGNMENT. This Agreement shall not be amended, modified or assigned, except by written consent of the Parties hereto. No waiver of any rights under this Agreement shall be binding unless it is in writing signed by the Party waiving such rights.

15. NOTICES. Notices required or permitted under this Agreement shall be considered sufficient if delivered to the individuals listed below in writing via both email and hard copy. The emails must be delivered to the email addresses listed below; and the hard copy must be personally served upon the Party to whom it is directed or deposited in the United States mail, postage prepaid, certified, return receipt requested, addressed to the Parties at the following addresses:

City of Porterville: City Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
[email protected]
McCormick, Kabot & Lew
Attn: Julia Lew, City Attorney
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4010 South Demaree Street
Visalia, CA 93277
T: (559) 734-6729
E: [email protected]
Tule River Tribe: Tule River Indian Tribe
Attn: Chairman
340 N. Reservation Road
Porterville, CA 93257
T: (559) 781-4271
E: [email protected]
With copy to: Procopio, Cory, Hargreaves & Savitch LLP
Attn: Kerry Patterson
525 B Street, Suite 2200
San Diego, CA 92101
T: (619) 515-3295
E: [email protected]

16. SEVERABILITY. If any provision or any part thereof of this Agreement shall for any reason be deemed void, unenforceable, or contrary to public policy or any law, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect to all Parties to the Agreement.

17. COUNTERPARTS. This Agreement and any amendment to it may be executed in counterparts and all of these counterparts together shall be deemed to constitute one and the same agreement.

18. AUTHORITY TO SIGN. Each of the signatories herein warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she represents to sign, and each signatory agrees to indemnify and hold harmless each of the other Parties against claim or demand, necessary expenses of investigation and reasonable attorney fees, in any action which is successfully asserted that a signatory is not competent and/or authorized to execute this Agreement and give and receive the consideration therefore.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and effective on the date provided in this Agreement.

City of Porterville
By: Date:

Tule River Tribe
By Date:
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CITY COUNCIL AGENDA – APRIL 18, 2023
SUBJECT: Review of City Participation in the Tulare County Regional Transit Agency SOURCE: Public Works
COMMENT:

On August 11, 2020, the Joint Powers Agreement was approved creating the Tulare County Regional Transit Agency (TCRTA). TCRTA is comprised of member agencies from the Cities of Dinuba, Exeter, Farmersville, Porterville, Tulare, Woodlake and the County of Tulare. At its Special Meeting on August 24, 2022, the TCRTA Board of Directors acted to approve the addition of the Tule River Tribe of California as a member agency. Pursuant to the Agency Bylaws, any of the member agencies may, on or before May 1 of any year, give written notice to the Transit Agency that it is withdrawing from the Transit Agency and terminating its rights and duties under the Agreement at the end of the fiscal year, and such notice shall have the same effect on the 30th day of June thereafter. Withdrawal at any other time requires approval of the Agency Board of Directors.

As the City Council is aware, the finances of the TCRTA have been of concern, including the call for financial assistance from member agencies in September 2022, which the Council authorized the allocation of $1.6 million to the TCRTA as a loan of its proportional share of the annual TCRTA fiscal budget in an effort to stabilize the finances of the Agency. With the financial assistance, the TCRTA indicated that it expected access to FTA funding in November 2022. At its meeting on March 29, 2023, the TCRTA Board took action to approve its monthly fiscal year-to-date Profit Loss (P&L) Statement through February 28, 2023. The P&L indicates that TCRTA is currently operating at a net loss of $4,718,910, in significant part due to the continued inability of the Agency to draw down the Federal Transit Administration (FTA) apportionment for the respective member agencies. It was stated at the meeting that due to challenges and complications experienced by the Agency in its FTA draw downs, it is anticipated that the TCRTA will encounter a cash flow issue again in September 2023. The TCRTA Board meeting scheduled for April 12, 2023, was rescheduled to April 21, 2023, though the provided P&L Statement through March 31, 2023, indicates that TCRTA is operating at a net loss of $4,899,068. The staff report indicates that the TCRTA expects $5,320,000 in Local Transportation Funding claims ($3,162,000) and FTA 5307 funds ($2,158,000) within the next thirty (30) days.

Adding to the challenges faced by the TCRTA has been the recent resignation of the Executive Director, Richard Tree, who has accepted the position of Director of Transportation with the Porterville Unified School District. The TCRTA Board is currently determining the process and timeline for beginning the recruitment for a new Executive Director.

As was reported to the Council at its meeting on April 4, 2023, City Council representatives (Mayor Flores and Council Member Weyhrauch) and staff, TCAG staff and TCRTA staff met on March 31, 2023, in a collaborative effort to identify how to best meet the needs of transit riders in the Porterville area, as well as seamlessly integrating with transit systems across the county. Given the direction of the TCAG Board of Directors for a countywide transit agency, TCAG staff requested that the Council consider remaining a member of the TCRTA for another year. To protect the City's long-term transit capital interests, the City should have at least one FTA grant project open to maintain its FTA grantee status.

The Council could consider acting to provide notice to the TCRTA of its intention to withdraw from the agency effective June 30, 2023, pending the successful completion of certain deliverables (e.g. FTA drawdown), or the Council could consider a different date for withdrawal after June 30, 2023 (e.g.

December 31, 2023).

RECOMMENDATION: That the City Council consider the City's continued participation in the Tulare County Regional Transportation Agency and act to authorize as determined.

ATTACHMENTS: 1. Tulare County Regional Transit Agency Bylaws

2. TCRTA Profit Loss Statement - FYTD February 28, 2023

3. TCRTA Revenue Status and Financial Statement as of
March 31, 2023

4. TCRTA Request for Financial Support - September 15,
2022

5. City Council Agenda Staff Report - September 20, 2022 Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager

TULARE COUNTY REGIONAL TRANSIT AGENCY

AMENDED AND RESTATED JOINT POWERS AGREEMENT
The Joint Powers Agreement (“Agreement”), dated this _____ day of __________, 2022, by and among the County of Tulare and the Cities of Exeter, Farmersville, Lindsay, Porterville, Tulare, Woodlake, and the Tule River Indian Tribe (each, a “Party” or “Member Agency” and together, the “Parties” or “Member Agencies” to this Agreement) is hereby entered into pursuant to Section 6500 et seq. of the Government Code of the State of California.

Article I
General Provisions
Section 1: Purpose
The purpose of this Agreement is to empower the Parties to exercise their common powers by the formation and operation of a Joint Powers Agency, hereafter called “Tulare County Regional Transit Agency” or “Transit Agency,” with full power and authority to own, operate, and administer a public transportation system within the jurisdictions of the Member Agencies. The Transit Agency shall be a public agency separate and apart from the Member Agencies.

Section 2: Name and Membership
The legal name of the Transit Agency shall be “Tulare County Regional Transit Agency.” Agencies eligible to enter into this Agreement include the County of Tulare, all incorporated cities within Tulare County, and the Tule River Indian Tribe. Upon entering into this Agreement, Member Agencies shall be required to maintain membership for the duration of the remaining fiscal year in which the Member Agency joined, plus the following three (3) fiscal years. Early withdrawal of any agency under these terms may be approved by unanimous vote of the Transit Agency’s Board of Directors if withdrawal is determined to be mutually beneficial.

Section 3: Boundaries
The boundaries of the Transit Agency shall coincide with the exterior boundaries of Tulare County but shall exclude the territory of any incorporated city within Tulare County that is not a Party to this Agreement.

Section 4: Powers
The Transit Agency shall have all powers necessary to carry out the purpose of this Agreement, except the power to tax. The powers of the Transit Agency specifically include, but are not limited to, the following:
a. To operate a public transportation system to service the Tule River Indian Tribe and incorporated areas of the cities who elect to become Member Agencies hereunder and the unincorporated areas of the County of Tulare. b. To acquire, hold, and dispose of real and personal property.

Attachment 2
5 c. To acquire, construct, manage, maintain, and/or operate any facilities or improvements. d. To own, lease, operate, and maintain vehicles and other property and equipment, which are necessary or reasonable to carry out the purpose of this Agreement. e. To expend funds. This power shall be limited only by the availability of funds as set forth in Article III, Sections 4 and 9 of this Agreement.
f. To sue and be sued in its own name.
g. To make and enter into contracts for services.
h. To incur debts, liabilities, and obligations, none of which shall become a debt, liability, or obligation of any Member Agency pursuant to California Government Code section 6508.1 (a) without the express written consent of that Member Agency, except that any debt, liability, or obligation of the Transit Agency with respect to retirement liabilities of the Transit Agency shall be a joint debt, liability, or obligation of each Member Agency if the Transit Agency contracts with a public retirement system. i. To provide and enter into agreements for transportation services to locations outside the jurisdiction and boundaries of any of the Member Agencies. j. To apply for and execute agreements for financial assistance from the State of California, U.S.

Government, and other sources, and to obligate the Transit Agency to operate the public transportation system in accordance with the terms and conditions of said financial assistance. k. To purchase insurance.
l. To employ staff, or to contract with the Member Agencies, or private vendors or individuals to provide the agency with necessary and appropriate services, including, but not limited to, an Executive Director and legal counsel. If the Transit Agency elects to employ its own staff, then the Board shall establish appropriate personnel rules and benefit programs, and determine whether to seek and approve membership in the Tulare County Employees Retirement Association, another established retirement/pension system, or make other retirement/pension options available for its employees.
m. To adopt local debt policies pursuant to California Government Code section 8855. n. To adopt a Conflict-of-Interest Code pursuant to California Government Code section 87300. o. All other powers that are necessary and proper for the Transit Agency in order to provide public transportation services.

Article II
Organization
Section 1: Governing Board of Directors
The powers of the Transit Agency are vested in its governing Board of Directors, hereafter called the “Board.” The Board shall be composed of elected officials, hereafter called “Directors,” from each Member Agency. Each Member Agency shall appoint one regular Director and one alternate Director to the Board.

Each Director will serve at the pleasure of the Director’s appointing authority; however, Directors who are members of the governing body of their respective Member Agencies shall cease to serve as Directors upon termination of that public office. The applicable appointing authorities shall fill vacancies on the Board of Directors.
6 The following shall sit as non-voting, ex-officio members of the Board:
a. The Tulare County Association of Governments (TCAG) Board members sitting as the Public Transit Representative and Alternate (if different than an already seated Transit Agency Director).

Section 2: Officers
a. The Board shall elect a Chair and Vice-Chair from among the Directors, and such other officers as the Board may deem necessary.
b. The Chair shall preside at all meetings of the Board and generally shall perform all duties incident to the office of Chair and such other duties as may from time to time be assigned to such office by the Board.
c. At the request of the Chair, or in case of his or her absence or disability, the Vice-Chair shall perform all duties of the Chair and, when so acting, shall have all the powers of, and be subject to all restrictions upon, the Chair. In addition, the Vice-Chair shall perform such other duties as may from time to time be assigned to that office by the Board of Directors or the Chair. d. The Chair, Vice-Chair, and such other officers as are elected by the Board each shall serve at the pleasure of the majority of the Board and be elected for a term of two years, with no limit on the number of terms served. Each such officer shall continue to serve until his or her successor is elected, or until his or her death, resignation, or removal from office by the majority of the Board, whichever occurs earlier.
e. The Executive Director of the Transit Agency (provided for below) shall serve ex-officio as the Secretary of the Board. The Secretary shall (i) certify and keep at the office of the Transit Agency, or at such other place as the Board may order, the original or a copy of the Agreement, the Bylaws, and the other documents provided for below, as amended or otherwise altered; (ii) keep at the office of the Transit Agency, or at such other place as the Board may order, a book of minutes of all meetings of the Board, recording therein. the time and place of holding, whether regular or special, and, if special, how authorized, the notice thereof given, and the proceedings thereat; (iii) see that all notices are duly given in accordance with the provisions of this Agreement, the Bylaws, or as required by law; (iv) be custodian of the records of the Transit Agency; (v) exhibit at all reasonable times to any Director., upon application, the Bylaws and minutes of the proceedings of the Board; and (vi) in general, perform all duties of the office of Secretary and such other duties as may from time to time be assigned to such office by the Board or the Chair.
f. Any officer may resign at any time by giving written notice to the Board. Any such resignation shall take effect at the time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the manner prescribed in this Agreement for regular election or appointment to such office. g. With prior Board approval, the Chair, the Vice-Chair, or the Secretary is authorized to execute all documents in the name of the Transit Agency.

Section 3: Compensation
7 The members of the Board shall serve without compensation but shall receive reimbursement for actual and necessary travel expenses incurred in the performance of their duties and outlined in accordance with policies established by the Board.

Section 4: Executive Director
The Board shall appoint an Executive Director. The Executive Director shall serve at the pleasure of or upon the terms prescribed by the Board. The Executive Director so appointed may be an employee of a Member Agency, an employee of the Transit Agency, or an independent contractor (or employee of an independent contractor). Under rules and regulations provided by the Board, the powers and duties of the Executive Director are:
a. To lead and coordinate the transit system of the Transit Agency and to be responsible to the Board for proper administration of all affairs of the Transit Agency. b. To appoint, assign, direct, supervise, and, subject to the personnel rules adopted by the Board, discipline or remove Transit Agency employees.
c. To arrange for secondary support services, including: legal counsel, general services, office space, human resources, fiscal and administrative support, communications, information technology, payroll, and other support services necessary or convenient for the operation of the transit system and Transit Agency.
d. To supervise and direct the preparation of the annual operating and capital improvement budgets, hereafter called “Budget”, for the Board and be responsible for their administration after adoption by the Board.
e. To formulate and present to the Board plans for transit facilities and/or services and the means to finance them.
f. To supervise the planning, acquisition, construction, maintenance, and operation of the transit facilities and/or services of the Transit Agency. g. To provide regular performance updates to the Board. h. To attend all meetings of the Board and act as the Secretary of the Board. As Secretary, he or she shall cause to be kept minutes of all meetings of the Board, to cause a copy of the minutes of the previous Board meeting to be included with the agenda of the next regular meeting of the Board, and perform all of the duties prescribed in Section 2.e. above. i. To establish and maintain fare collection and deposit services. j. To organize and operate an ongoing transit marketing program, including special promotions. k. To evaluate and propose new programs and public transportation services, with implementation to occur as approved by the Board. l. To execute transfers within major budget units, in concurrence with the Treasurer/ AuditorController of the Transit Agency, as long as the total expenditures of each major budget unit remain unchanged.
m. To purchase or lease items, fixed assets, or services within the levels authorized in the applicable Budget. n. To lease buses, vans, and other transit vehicles on an “as needed” basis from public or private organizations when deemed necessary to assure continued reliability of service. 8 o. To perform such other duties as the Board may require in carrying out the policies and directives of the Board.

Section 5: Meetings
The Board shall hold regular monthly meetings and shall establish a date, time, and place for those meetings. Meetings may be canceled by a vote of the Board. Special meetings may be called at any time by the Chair, or at the suggestion of the Executive Director, or upon written request by any two members of the Board. Each member shall receive written notice at least 24 hours in advance of any special meeting unless the member has specifically waived this required notice.

Section 6: Ralph M. Brown Act
All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code).

Section 7: Quorum
A majority of the total membership of the Board shall constitute a quorum for the transaction of business.

Section 8: Voting
Regular business will be acted upon by approval of a quorum of the Board, with the exception of the following actions which shall require approval by a unanimous vote of the Directors present and voting at a regular or special meeting of the Board, provided that a quorum of the Board is present and voting:
a. Approval of the Budget.
b. Local Transportation Fund (LTF) Claims Approval for Submittal to TCAG. c. Withdrawal of an agency prior to completion of initial new membership term (per Article I, Section 2).
d. Readmission of an agency that was a prior member of the Transit Agency and has since withdrawn.

Section 9: Policies and Procedures, Bylaws, Conflict-of-Interest Code, and Debt Policies Within the first six (6) months of the Transit Agency’s existence, the Board shall establish a Policies and Procedures Manual and Bylaws to govern the day-to-day operations of the Transit Agency, local debt policies pursuant to California Government Code section 8855, and a Conflict-of-Interest Code pursuant to California Government Code section 87300, all of which are not inconsistent either with applicable law or with this Agreement. Each Director and Member Agency shall receive a copy of the adopted Policies and Procedures Manual, the Bylaws, and the Conflict-of-Interest Code. Thereafter, the Board may amend or repeal any bylaw, regulation, policy, procedure or portion of the Conflict-of-Interest Code, provided that such action is not inconsistent with either the applicable law or this Agreement. The Executive Director 9