Porterville City Council
September 5, 2023

PASSED, APPROVED AND ADOPTED this 5th day of September, 2023.

Martha A. Flores, Mayor
ATTEST:

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

Item No. 9.

CITY COUNCIL AGENDA – SEPTEMBER 5, 2023
SUBJECT: Automatic Aid Agreement between the Porterville Fire Department and Cal Fire Tulare Unit
SOURCE: Fire
COMMENT: Resource aid sharing is a vital component of delivering emergency services when every second counts. Within the fire services, two types of aid are provided to and from agencies; Mutual and Automatic Aid.

Mutual aid is an agreement between fire departments to assist each other across jurisdictional boundaries. It could occur only when local emergencies exceed local resources, or there may be a more formal agreement to send the resources automatically. The more formal agreement would be known as “Automatic Aid.”
The Porterville Fire Department participates in the California Fire Mutual Aid plan that most fire agencies within California participate in. It is a great system that can fill small and large resource needs from surrounding agencies. One downside to this aid agreement is lagtime in resources arriving. Typically, resources are not ordered until units at the scene of an incident realize more resources are needed and must order it. From there, it goes to a central ordering point (Tulare County Fire Communications Center for the operational area) and begin filling the request with what is available and can respond. This lag time can be substantial and not fast enough to mitigate incidents while still relatively manageable.

The Porterville Fire Department has had an Automatic Aid agreement with the Tulare County Fire Department, where the County provides one unit for all fires in the city of Porterville. The City reciprocates by sending one unit to the County on all fires within a set geographic boundary. The units are requested and sent on the initial 911 call to the dispatch center, eliminating lag time and increasing the benefits of the resource. This agreement is also beneficial for calls with split jurisdictions commonly referred to as Mutual Treat Zones (MTZ’s) because how the incident will be managed is already identified such as who has command and what radio frequencies will be used.

One of the Serious Accident Review Team (S.A.R.T.) recommendations from the Library Fire was to evaluate aid agreements from neighboring agencies in an effort to increase the number of firefighters on the first alarm. Currently, Porterville Fire receives from County Fire a minimum of one person on one engine.

As staff conducted its evaluation, it was recognized that the California Item No. 9.

Department of Forestry and Fire Protection (Cal Fire) has a fire engine with a minimum of 3-personnel at Worth Avenue and Blue Herron Parkway (near the Porterville Developmental Center). Cal Fire also has a significant amount of land responsibility that borders the city of Porterville property, creating multiple MTZ’s. Representatives from both the Cal Fire Tulare Unit and the Porterville Fire Department recognized the need and benefit to make a formal automatic aid agreement that would benefit both departments.

The proposed automatic aid agreement outlines that Cal Fire will provide the Porterville Fire Department with one engine and a minimum of three personnel within the Porterville city limits at no cost to the City. In return, the Porterville Fire Department will provide two personnel on the Water Tender or Patrol to predetermined geographical areas as highlighted in this Agreement. Response areas were evaluated for call volume and potential for life and property loss. If Porterville Fire has resources assigned to a Cal Fire incident for longer than four hours, Porterville Fire will be reimbursed at rates already set forth in the adopted California Fire Assistance Agreement (CFAA).

Within the agreement is also an MTZ agreement that outlines response plans and communication plans so that all emergency incident management efforts are coordinated and have standard communications.

Staff has reviewed the draft Agreement and recommends entering into an automatic aid agreement with the Cal Fire Tulare Unit, as it mutually benefits both organizations. For the City, it is an opportunity to improve local emergency services delivery due to the abundance and variety of resources CAL Fire can provide. It will help with getting more trained firefighters to the scene of fires with the goal of improving the ability to meet the National Fire Protection Association (NFPA) 1710 standard. Auto Aid agreements are also recognized by Insurance Service’s Office (ISO) in which the rating the fire department receives has a direct correlation to fire insurance rates.

RECOMMENDATION: That the City Council authorize the Fire Department to enter into an automatic aid agreement with the Cal Fire Tulare Unit.

ATTACHMENTS: 1. Draft Automatic Aid/Mutual Aid Agreement

2. Draft Mutual Threat Agreement
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager

AUTOMATIC AID / MUTUAL AID AGREEMENT

BETWEEN

PORTERVILLE CITY FIRE DEPARTMENT
AND

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
(CAL FIRE) TULARE UNIT
THIS AGREEMENT, is made and entered into by and between the California Department of Forestry and Fire Protection (hereinafter referred to as “STATE”) and the Porterville City Fire Department (hereinafter referred to as “CITY”).

WHEREAS, the parties hereto are geographically located in proximity to each other within the County of Tulare and the City of Porterville and
WHEREAS, it is to the parties mutual benefit that each render reciprocal supplemental assistance in the event of fire or other local fire department related emergencies of a type common to both parties not covered by or within the scope of the California Emergency Management Agency and Civil Defense Master Mutual Aid Agreement, but constituting so-called day-to-day automatic aid / mutual-aid arising out of convenience rather than out of extraordinary necessity; NOW THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows:

I. OPERATIONAL RESPONSE OF AUTOMATIC / MUTUAL AID
A written operational Response Plan shall be mutually agreed upon by the Fire Chiefs of both agencies. This plan shall include specific boundaries of response, emergency response guidelines, jurisdictional responsibility, communications, and resource availability.

II. COMMAND AUTHORITY
A. Responsible Jurisdiction to Have Command Authority
When either STATE or CITY responds auto-aid / mutual-aid into the neighboring jurisdiction under this Agreement, the Incident Commander of the responsible jurisdiction shall be in command of all staffing and equipment committed to the incident; however, the first officer at the scene will be in command even if it is not their jurisdiction. Command will then be reasonably passed to the first officer at the incident that has jurisdiction of that incident.

B. Judicious Use of Personnel and Equipment
It shall be the responsibility of the Incident Commander of the responsible jurisdiction to utilize the staffing and equipment from the jurisdiction providing aid only to the extent that is required to bring the emergency under control.

C. Order of Release
The staff and equipment from the jurisdiction providing aid shall be the first released from the scene of the emergency.

III. REPORTS
The responsible jurisdiction shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government.

IV. COMPENSATION
All services provided by either STATE or CITY under this Agreement shall be performed without monetary compensation for the first 4 hours of the incident. If CITY resources assigned to a STATE incident exceeds 4 hours, the equipment would then transition to Assistance by Hire based on pre-established CFAA rates (Exhibit “A”) retroactive back to the time of dispatch for commitment of CITY resources assigned to STATE incidents.

If resources from STATE are required to mitigate an incident within the CITY beyond the first 4 hours, CITY shall provide logistical support to STATE personnel assigned to the incident. If resources from CITY are required to mitigate incident within the STATE beyond the first 4 hours, STATE shall provide logistical support to CITY personnel assigned to the incident. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions if the duration of the incident last less than 4 hours unless otherwise dictated in another agreement.

The STATE reserves the right after twenty-four hours to compensate CITY resources under the California Fire Assistance Agreement (CFAA) utilizing the CFAA and CAL OES Salary Survey on January 1. If the CAL OES Salary Survey is not available, the reimbursement rates established will reflect the CAL OES CFAA rate letter.

A. COVER BEHIND
1) Cover behind shall be defined within this Agreement as a situation or incident where CITY is requested to staff CAL FIRE Porterville Forest Fire Station (FFS) for a period of time until CAL FIRE can move state resources to staff Porterville FFS. Exhibit “A” identifies reimbursement rates which start at the time of request.
2) CAL FIRE will provide fuel and meals for CITY personnel assigned to cover behind assignments. Fuel and meals will need to be tracked on Porterville FFS normal 00907 tracking sheets. If either meals or fuel are unavailable at the facility, personnel may use CAL CARDS or CITY procurement methods and CAL FIRE will reimburse the CITY as defined in CFAA Exhibit “H”.

V. LIABILITY/HOLD HARMLESS
Nothing in the provisions of this Agreement is intended to affect the legal liability of either party by imposing any standard of care different from the standard of care imposed by law. Each party shall bear its own exposure for Worker’s compensation on its own personnel while furnished to the other party or likewise.

It is understood and agreed that neither STATE nor any officer or employee thereof, shall be responsible for any damage or liability incurred by reason of any act of omission by CITY, its officers, or employees under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold harmless STATE from any damage or liability incurred by reason of any act or omission by CITY, its officers, or employees, under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement.

It is understood and agreed that neither CITY nor any officer or employee thereof, shall be responsible for any damage or liability incurred by reason of any act or omission by STATE, its officer, or employees, under or in connection with any work, authority, or jurisdiction delegated to STATE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold harmless CITY from any damage or liability incurred by reason of any act done or omission by STATE, its officers or employees, under or in connection with any work, authority, or jurisdiction delegated to STATE under this Agreement.

VI. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES
This Agreement shall not be construed as, or deemed to be, an agreement for the benefit of any third party of parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the jurisdiction which are suited within the respective jurisdictions defined herein.

VII. AMENDMENTS TO AGREEMENT
This Agreement contains all of the terms and conditions agreed to between the parties. Except as otherwise specified, this Agreement shall not be amended or altered without the written consent of the parties. Any such amendments shall be mutually agreed upon and require the written consent of the Fire Chiefs of the parties.

VIII. EXCLUSIONS
Any requests for aid not covered in this Automatic Aid / Mutual Aid Agreement shall be handled under California Master Mutual Aid.

IX. OPERATIONAL RESPONSE PLAN
A. Response Boundaries
1) STATE shall respond into the defined limits of the City of Porterville, as designated in black outline on Exhibit “B” Auto Aid Map, for automatic aid and mutual aid requests when STATE resources are available. 2) CITY shall respond into the designated CAL FIRE Response Areas, as designated in red outline on Exhibit “B” Auto Aid Map, for automatic and mutual aid requests when available.
3) When CITY fire equipment and/or personnel responds to a STATE incident outside of the pre-defined Auto Aid response areas in compliance with its responsibilities under the CFAA, all reimbursement for those services will be through the CFAA and agreed upon CFAA rates.
4) When CITY fire equipment that’s authorized or requested and personnel respond at the request of the STATE, but not through CFAA, this will be done through “Assistance by Hire” and reimbursed at the rates identified in Exhibit “A” from the time of dispatch.

B. Type of Incidents
Automatic Aid to STATE and CITY shall be utilized whenever there is an incident that requires a structure (building) fire, vegetation fire, high priority medical aid, or traffic collision response and will be automatically implemented by the affected jurisdictions Command Center. (Does not include fire alarm sounding incidents) Mutual Aid to STATE and CITY may be requested by the Incident Commander of either jurisdiction for a variety of incidents, or resources, that overwhelm a jurisdiction.

C. Type of Response
STATE automatic aid response shall consist of one Engine Company with a minimum of 3-0 staffing, responding into the Porterville City Limits as delineated and identified on the map. STATE will provide the engine that has capabilities similar to that of a Type III engine.

STATE mutual aid response is at the request of the CITY Incident Commander and may consist of one Engine Company into the Porterville City Limits. Response of additional engines or specialized resources from STATE, such as Hand Crew(s), Dozer and Transport, and/or Aviation Assets will require STATE Duty Chief authorization and approval. One STATE Battalion Chief will respond, at no cost to CITY, to any fire within the CITY as an Agency Representative in the event that the CITY requests additional resources above the automatic aid agreement response plan.

CITY automatic aid response shall consist of one Water Tender with a minimum of 1-0 staffing, or one Patrol with a minimum of 2-0 staffing, responding into the area delineated and identified in red on the map. CITY will provide a Water Tender that has capabilities like that of a Type I or Type II Tactical Water Tender. CITY Water Tender or Patrol assigned to a STATE incident will be reimbursed after 4 hours, retroactive to time of dispatch at the agreed upon rate in Exhibit “A.” CITY mutual aid response is at the request of the STATE Incident Commander and may consist of one Patrol Company or other specialized equipment, such as Type I Engine Companies and Truck Companies. Response of additional engines or specialized resources from CITY, such as Patrols, Type I Engine Companies, and Truck Companies will require CITY Duty Chief authorization and approval. CITY may respond a CITY Battalion Chief as an Agency Representative, at no cost to the STATE, in the event STATE requests resources from the CITY above the automatic aid agreement response plan.

D. Guidelines Governing Response and Commitment to an Emergency 1) Immediate emergencies that require the use of red lights and sirens by responding fire vehicles shall be a part of this Agreement. Non-Immediate calls such as public service assists, post fire investigations, and other responses that do not require the use of red lights and sirens shall not be a part of this Agreement; these calls shall be handled by the responsible jurisdiction. CITY may request use of STATE resources to handle these incidents with STATE Duty Chief approval and authorization in the event CITY resources are overwhelmed. 2) When both jurisdictions are responding to an emergency along a common border, and jurisdictional responsibility has been identified by arriving units, the jurisdiction providing aid in accord with this Agreement shall work under this direction of the responsible jurisdiction.
3) The jurisdiction providing aid shall remain on the scene of the emergency until released by the Incident Commander of the responsible jurisdiction. Such release shall be as expeditious as possible. STATE resources shall be released as soon as practical in the event of a new STATE initial attack incident. All resources, irrespective of agency, shall remain on the scene of the emergency if the resource is actively engaged in life preservation.
4) It shall be the responsibility of the Incident Commander on the scene to summon additional personnel and equipment if needed to handle the emergency. 5) The Incident Commander on the scene will determine the need for continued response by other dispatched units.
6) The Incident Command System will be used in the management/mitigation of all incidents.
7) If STATE or CITY is not available for an auto-aid or mutual aid dispatch as part of this agreement, the department providing aid will be relieved from its responsibility to respond to the specific emergency.

E. Communication
The command center, responsible for dispatching within the jurisdiction of the incident, will be the center for all ordering and communications. The Command and Tactical Frequencies will be identified by the responsible jurisdiction and relayed to the requested jurisdiction before any equipment is to be dispatched. When a department is dispatched auto aid or mutual aid, they will conduct radio traffic in the following manner. 1) Notify home ECC of the response and tell them that the unit is switching frequencies.
2) Notify the ECC of whose jurisdiction the unit is responding to and tell them the unit is responding.
3) Any radio traffic (report on conditions, cancellation of resources, resource requests, etc.) will be done through the ECC of whose jurisdiction the incident lies within.
4) When released, tell the ECC of whose jurisdiction the unit is in that the unit is released and switching back to its home unit frequency. 5) Notify home unit of the units’ release.

F. Commitment to Joint Training
Both parties to this Agreement shall schedule and participate in joint training exercises.

The training shall be mutually agreed upon subject matter, times and locations to ensure that optimum performance levels are maintained.

G. Duration of Agreement
The term of this Agreement shall commence on the date the last agency signs below and shall expire on June 30, 2026 or no later than three years from the commencement date.

Any agency shall have the right to terminate their participation under this Agreement by providing thirty (30) days advance written notice.

Bryan Cogburn Date Andy Turner Date
Fire Chief Unit Chief – Tulare Unit
City of Porterville Fire Department CAL FIRE

Mutual Threat Agreement
Between
California Department of Forestry and Fire Protection
(CAL FIRE) Tulare Unit
And
City or Porterville Fire Department
The California Department of for Forestry and Fire Protection – CAL FIRE (STATE) and the City of Porterville Fire Department (CITY) agree to the following.

STATE recognizes the potential risk of catastrophic wildfire neighboring the CITY Local Response Area (LRA). The CITY and STATE share a boundary of approximately three-and one-half miles (3.5 Miles). The STATE side of the boundary line includes areas of unincorporated Tulare County and are 100% State Responsibility Area (SRA). The Fire and Resource Assessment Program (FRAP) has determined that the STATE side of the immediate boundary is 100% Moderate Fire Hazard Severity Zone (MFHSZ). The SRA near the delineated boundary, but not immediately adjacent, are also High Fire Hazard Severity Zone (HFHSZ) and MFHSZ (Attachment A).

The CITY LRA is in flat terrain, transitioning to steep terrain at the shared boundary. The fuels found along the shared border consist of annual grasses. There are few structures around this border and access to the shared border is limited by few roads. An unwanted vegetation fire starting near the boundary, under the right conditions, may overwhelm the local initial response systems and result in a request for CAL FIRE Mutual Aid and/or be an immediate threat to the SRA.

With that understanding of the local wildland fire environment, local response capabilities, threats to life and property and the existing threat to SRA, STATE and CITY will designate the shared SRA/LRA boundary as a Mutual Threat Zone (MTZ) and STATE will approve a standard CAL FIRE response to all reported vegetation fires and other fire types that pose a threat to the SRA.

As a threat to the SRA, STATE will enter into Unified Command with CITY, and STATE will bear the cost of all STATE resources until the threat is mitigated. STATE will initiate a standard response based on the STATE dispatch level. CITY will initiate a standard response based on the incident call type response plan. Once the incident is mitigated, all affected agencies will follow the principles of CAL FIRE Mutual Aid. This is supported by CAL FIRE Policy.

TYPES OF MUTUAL AID 8513
Mutual aid may also be provided to areas determined to be within a mutual threat zone, wherein any fire is judged to be a threat to agencies having a common boundary. Mutual threat zones will be delineated on maps maintained by both agencies. Mutual threat zones will exist primarily along SRA-LRA boundaries. Normally, a negotiated automatic response is made into a mutual threat zone, thereby reducing duplication.

To effectively coordinate air and ground response to any fire within the MTZ, an automatic response will be generated for any fire within the MTZ as defined on the MTZ map (Attachment B) that poses a threat the SRA.

Communications for any fire threatening the SRA within the MTZ will automatically switch to VHF frequencies identified in the MTZ Communications Plan. Any other incident type will remain on normal CITY assigned frequencies unless mutually agreed upon by both CITY and STATE representatives or dispatch centers.

Regional responses into target hazards in both LRA and SRA areas within California foster valuable partnerships that encourage safe, effective, and efficient deployment of firefighting resources to all residents in the City of Porterville and the State of California.

Nothing in this agreement will relieve the CITY or STATE from their obligated duties or statutory responsibilities.

Attachments
-Maps to define MTZ agreement
-MTZ Communications Plan
-STATE Response Plans
-CITY Response Plans
This agreement will be valid until terminated by any party in writing. STATE and CITY enter into this agreement on the ______ of _____________, 20_____.

Bryan Cogburn Date Andy Turner Date
Fire Chief Unit Chief – Tulare Unit
City of Porterville Fire Department CAL FIRE

TULARE UNIT

PROCEDURE MANUAL

EMERGENCY COMMAND CENTER
B4109 APPROVAL D4102 Approval
DATE: July 13, 2022
SECTION: Dispatch Procedures
RESPONSIBILITY: ECC Personnel
PROCEDURE: STANDARD SRA RESPONSE PLAN
Purpose:

To ensure that the appropriate number of State resources are dispatched to wildland fires utilizing predetermined responses depending on National Fire Danger Rating System (NFDRS) based indices derived from local weather stations.

Procedure:

The Tulare Unit utilizes three remote automated weather stations throughout the unit to calculate its daily dispatch levels for wildland fires. These weather stations are located at Shadequarter Mountain (Response Area G-6, near Badger), Milo (Response Area H-1, near Springville), Fountain Springs, (Response area B-4) and Mountain Home (Response SQFWSH, within the State Forest) *Readings from these stations are used to calculate the dispatch levels, consisting of Low, Medium, and High. The Standard Response Plan is as follows:

Low Dispatch Level: 1 Battalion Chief
1 Air Attack
2 CALFIRE Engines
2 CALFIRE Hand Crew (combination of CDCR / FF handcrew) 1 Prevention Officer
Medium Dispatch Level: 2 Battalion Chief
1 Air Attack
2 Air Tankers (Type-3 Multi engine)
1 Helicopter (Type-Any, closest)
4 CALFIRE Engines
2 CALFIRE Hand Crew (combination of CDCR / FF handcrew) 1 CALFIRE Dozer (Hired Dozer acceptable if on cover assignment) 1 Prevention Officer
High Dispatch Level: 2 Battalion Chief
1 Air Attack
2 Air Tankers (Type-3 Multi engine)
2 Helicopter (Type-Any, closest)
6 CALFIRE Engines
2 CALFIRE Dozers (Hired Dozers acceptable if on cover assignment) 4 CALFIRE Hand Crews (combination of CDCR / FF handcrew) 1 Prevention Officer
CAD will Dispatch levels will utilize closest resource concept, which may result in the use of CAD to CAD. *Refer to ECC Procedure ‘WIMS Readings’ for procedures for obtaining indices.

Item No. 10.

CITY COUNCIL AGENDA – SEPTEMBER 5, 2023
SUBJECT: Consideration of Out-of-State Travel to Attend the Fallen Firefighters Memorial in Colorado Springs, CO
SOURCE: Fire
COMMENT: The Fire Department requests to send two Honor Guard members to the Fallen Firefighters Memorial in Colorado Springs. This is the first time that the Honor Guard has been given the opportunity to attend this event since the passing of Captain Figueroa and Firefighter Jones. This event is hosted by the International Association of Firefighters (IAFF), and an invitation was extended to the Honor Guard to take place at the ceremony and to add our two fallen members' names to the memorial.

The Honor Guard would attend with the Figueroa and Jones Families for the nameplate presentation. The attending personnel would leave on September 13th and return on September 17th. If the City Council approves travel, the Fire Department's annual budget will pay the associated costs, which staff estimates that the total cost for two personnel is approximately $4,500.

RECOMMENDATION: That the City Council authorize travel by City representatives to Colorado Springs, Colorado.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: John Lollis, City Manager
Item No. 11.

CITY COUNCIL AGENDA – SEPTEMBER 5, 2023
SUBJECT: Approval of Community Civic Event - Porterville Kiwanis - Vendor Market - September 16, 2023
SOURCE: Finance
COMMENT: The Porterville Kiwanis Club is requesting approval to hold the Porterville Kiwanis Club Vendor Market on Saturday, September 16, 2023 at Veterans Park, from 10:00 AM to 7:00 PM. This is a fundraising event for the Club and will feature several merchant vendor booths and also some informational booths.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A and Exhibit B.

RECOMMENDATION: That the City Council approve the Community Civic Event application from Porterville Kiwanis Club to hold the Vendor Market on September 16, 2023, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A and Exhibit B.

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

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Item No. 12.

CITY COUNCIL AGENDA – SEPTEMBER 5, 2023
SUBJECT: Approval of Community Civic Event - American Conservatory - Downtown Concert at the Mecca - September 16, 2023
SOURCE: Finance
COMMENT: The American Conservatory is requesting approval to hold the "Downtown Concert at the Mecca" on Saturday, September 16, 2023, from 4:30 PM to 2:00 AM, Sunday, September 17, 2023. The American Conservatory is requesting the closure and use of the alley and the parking lot behind the Mecca and the adjacent buildings to the south of the Mecca off of Second Street on Saturday, September 16, 2023, from 8:00 AM until 6:00 AM, Sunday, September 17, 2023. The event will feature live music, food vendors, and a beer garden in the parking lot behind the Mecca. An outside amplifier permit has been approved from 5:30 PM to 11:00 PM. A 6-foot chain link fence will be required to enclose the entire outside event area to allow for the consumption of alcohol.

This request is made under the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements and restrictions are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

RECOMMENDATION: That the City Council approve the Community Civic Event application from the American Conservatory to hold the
"Downtown Concert at the Mecca" on September 16, 2023,
subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

ATTACHMENTS: 1. CCE Application and Agreement, Map, Exhibit A, Exhibit B, Exhibit C, and Outside Amplifier Permit
Appropriated/Funded:

Review By:

Department Director:

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

Item No. 13.

CITY COUNCIL AGENDA – SEPTEMBER 5, 2023
SUBJECT: Status and Review of Local Drought Emergency
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of August 15, 2023, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

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

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

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

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 13.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

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

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

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

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water. On March 24, 2023, due to atmospheric river storms during the month of March 2023, Governor Newsom issued Executive Order N-5-23 that ended the requirement that the state's largest water providers (including the City of Porterville) put in place "Level 2" of water storage contingency plans (the City of Porterville is currently in "Level 4"), as well as ended the voluntary fifteen percent (15%) water conservation target.

At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent Item No. 13.
rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.

On August 2, 2023, Council Member Meister was made aware of the lack of drinking water and apparent lack of occasional water availability in the Del Oro Water Company system in the Springville area. During the March 2023 floods, six of the twelve water systems wells were damaged, several of which were damaged beyond repair. City staff was contacted by the Office of State Senator Shannon Grove in regard to the City-County Well Agreement, which dictates that at the request of the State and County, the City shall provide 3,000,000 gallons of water per month for the purpose of meeting emergency water needs in County jurisdiction and shall not charge the State or County for the water.

Senator's Grove's Office has been coordinating with the State and Self-Help Enterprises in the potential placement of temporary tanks until Del Oro has completed its repair projects to sufficiently meet its customer demands.

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

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for Item No. 13.
the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

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

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

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

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

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which Item No. 13.
at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

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

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

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

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

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

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Item No. 13.

Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

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

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

Item No. 13.

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

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

2. City-County Well Agreement - May 10, 2016

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

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

5. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

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

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

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

9. Governor Newsom Executive Order N-5-23: March 24,
2023

10. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

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

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

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

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

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

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THEREFORE BE IT RESOLVED THAT:

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

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

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

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

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

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

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

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

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

Authority: Section 1058.5, Water Code.

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

EXECUTIVE DEPARTMENT

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

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

IT IS HEREBY ORDERED THAT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SHIRLEY N. WEBER, PH.D.

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

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

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

Repeal sections:

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

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

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

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

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

NOTICE REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Authority: Section 105$.5, Water Code.

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

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

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

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

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

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

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

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

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

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

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

3pg18xi20

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

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

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

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

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

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

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

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

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

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

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

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

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

A.2. SCOPE OF WORK.

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

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

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

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

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

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

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

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

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

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

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

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

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

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

1. Reimbursement Requests Quarterly

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

A.5 PROGRESS REPORTS.

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

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

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

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

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

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

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

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

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

B.3 VERIFIABLE DATA.

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

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

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

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

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

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

B.5 LINE ITEM ADJUSTMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

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

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

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

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

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

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

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

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

3. Acknowledgements.

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

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

5. [RESERVED]

6. [RESERVED].

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

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

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

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

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

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

Environmental:

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

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

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

8. [RESERVED].

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

10. [RESERVED].

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

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

Exhibit D

12. [RESERVED].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Item No. 14.

CITY COUNCIL AGENDA – SEPTEMBER 5, 2023
SUBJECT: Consideration of Revocation of Conditional Use Permit 2021-037-C Concerning 180 South E Street
SOURCE: Community Development
COMMENT: At its meeting on June 6, 2022, the City Council adopted Resolution 40-2022 approving a Conditional Use Permit (CUP) for the establishment of a nursery located at 180 S. E Street. A CUP is required to establish the use of a nursery in the Downtown Mixed Use zone district.

The CUP included several conditions of approval, among which was a requirement for the applicant to submit plans, apply for building permits, and make improvements to ensure that unpermitted improvements meet the current adopted California Fire Code, California Building Code, and Porterville Development Ordinance. This included the shade structure utilized for an outdoor growing area. The CUP also included a requirement for a semi-annual inspection by the Building and Fire Departments due to the nature of the unpermitted improvements that had been made to the facility.

An update was provided to the Council at its meeting on December 20, 2022.

At that time, staff noted that the applicant submitted an application for a building permit and structural repair plans for the facility on September 7, 2022.

Staff reviewed the submitted plans and provided comments on required corrections to the applicant on September 27, 2022. In accordance with the CUP, an inspection was performed on October 18, 2022, by the Chief Building Inspector and Fire Marshal. During the inspection, the applicant was advised that the fire extinguishers were out of date and required service. The applicant was found to be operating within the conditions of approval on the use of the facilities. Staff met with the applicant and the applicant’s agent on December 1, 2022, to discuss questions that the applicant had pertaining to the comments and corrections provided in response to the applicant’s building permit application.

At its meeting on August 15, 2023, the Council was provided an update regarding the progress made of by the applicant towards complying with the conditions of approval. The applicant resubmitted plans for review on January 3, 2023. Staff reviewed the submitted plans and provided comments on required corrections to the applicant on February 9, 2023. The applicant resubmitted plans on March 30, 2023. Staff reviewed the submitted plans and provided comments on required corrections to the applicant on May 17, 2023. In accordance with the CUP, on July 31, 2023, the Chief Building Inspector and Fire Marshal attempted to inspect the facility, but were not able to complete the inspection due to the facility gates being closed with no employees on site. The Item No. 14.

Fire Marshal noted in his visual inspection from the public right-of-way that there were vehicles, including commercial trailers, stored under the canopy structure connecting the buildings on site. Staff emailed the applicant informing him of the attempted inspection. The applicant provided an email response on August 1, 2023, that the facility is no longer being utilized as a nursery and that it has been listed for sale. The applicant stated in a subsequent email that he did not agree with the Fire Marshal’s reading of the California Fire Code, but that the vehicles would be removed from under the canopy structure.

Given that the applicant has failed to comply with ten (10) conditions of approval and is no longer operating the facility authorized under the CUP, at its meeting on August 15, 2023, the Council initiated the proceedings of revocation of CUP 2021-037—C and set a Public Hearing for September 5, 2023.

Porterville Development Ordinance Chapter 601.10 outlines the process and findings for revocation of approvals. The Council may revoke or modify a CUP if any of the conditions or terms of such permit are violated or if any law or ordinance has been violated in connection therewith. A noticed Public Hearing provides the opportunity for the Council to hear and consider any evidence and/or testimony in favor of and/or in opposition to revocation. The Council may revoke the permit if it makes any of the following findings:

1. That approval was obtained by means of fraud or misrepresentation of a material fact;

2. That the use in question has ceased to exist or has been suspended for one year or more;

3. That there is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this chapter, law or regulation; or

4. That the use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance. (Ord. 1801, 12-3-2013) The Council may utilize the finding, “That there is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this chapter, law or regulation,” as the applicant has failed to comply with several conditions of approval adopted with Resolution 40-2022. Specifically, the applicant has failed to comply with the following conditions:
• Condition 5. A vector/rodent control plan shall be submitted and approved. The vector/rodent control plan will be implemented for the term of the agricultural use.
• Condition 6. That any outdoor storage and growing area shall be screened from the view of the public street and shall comply with § 300.10 Screening.
• Condition 9. The developer/applicant shall submit plans for any Item No. 14.
structural upgrades based on a structural engineers report per the notice and order. The notice and order also outlined that plans shall identify any electrical, plumbing and mechanical that has been completed without property permits. The plans shall also include an egress plan from any area of any building to the exterior door(s) including pathways and clearances around the plant box layouts. The submitted plans once approved will need to be issued to a licensed contractor and all work will need to be done by a licensed contractor. • Condition 10. The developer/applicant shall submit plans for the outdoor covered growing area with documentation provided and labels attached for the mesh/cloth covering.
• Condition 11. The use of a Nursery would require the
developer/applicant to submit a ventilation plan.
• Condition 24. Approved fire apparatus access roads shall be provided. It shall extend to within 150 feet of all portions of the facility and all portions on the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
• Condition 27. Permits will be required for the membrane structure being utilized for the shaded grow area if it is to remain, be modified, and/or demolished. The membrane structure shall comply with Chapter 31 of the most recently adopted edition of the California Fire Code and California Building Code.
• Condition 28. Knox box and gate access required
(www.knoxbox.com).
• Condition 30. A back-flow device is required on the water meter. • Condition 32. The developer/applicant shall install a refuse container enclosure according to City standards. Enclosure location to be approved by City prior to issuance of a building permit. Enclosure should be oriented for direct stab pick up. The developer/ applicant shall also sign a waiver of liability for refuse truck damage to the parking lot if the refuse container location requires refuse trucks to travel on the parking lot.

Revocation of the CUP to establish the use of a nursery in the Downtown Mixed Use zone district would not negate the requirement of the Notice and Order dated January 21, 2022.

RECOMMENDATION: That the City Council conduct the Public Hearing and consider all testimony provided, and either 1) Adopt the Resolution revoking the Conditional Use Permit CUP 2021-037-C, or 2) provide direction to the staff concerning the permit holder’s compliance issues.

ATTACHMENTS: 1. Draft Resolution

2. Resolution No. 40-2022

3. Locator Map
Item No. 14.

Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
RESOLUTION NO. ____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE REVOKING CONDITIONAL USE PERMIT (PRC 2021-037-C) FOR SUNBURST PACKING COMPANY TO ALLOW ESTABLISHMENT OF A NURSERY LOCATED ON 180 SOUTH E STREET WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of June 6, 2022, adopted Resolution 40-2022 approving Conditional Use Permit 2021-037-C, to allow for the establishment of a Nursery located at 180 S. E Street; and WHEREAS: On August 15, 2023, the City Council set a Public Hearing in accordance with its regulations to consider revoking the Conditional Use Permit due to the fact that the applicant failed to comply with the adopted conditions of approval and is no longer operating the facility authorized under the CUP, and
WHEREAS: Resolution 40-2022 contained the following conditions of approval:
“5. A vector/rodent control plan shall be submitted and approved. The vector/rodent control plan will be implemented for the term of the agricultural use.”
“6. That any outdoor storage and growing area shall be screened from the view of the public street and shall comply with § 300.10 Screening.” “9. The developer/applicant shall submit plans for any structural upgrades based on a structural engineers report per the notice and order. The notice and order also outlined that plans shall identify any electrical, plumbing and mechanical that has been completed without property permits. The plans shall also include an egress plan from any area of any building to the exterior door(s) including pathways and clearances around the plant box layouts. The submitted plans once approved will need to be issued to a licensed contractor and all work will need to be done by a licensed contractor.” “10. The developer/applicant shall submit plans for the outdoor covered growing area with documentation provided and labels attached for the mesh/cloth covering.”
“11. The use of a Nursery would require the developer/applicant to submit ventilation plan.”
“24. Approved fire apparatus access roads shall be provided. It shall extend to within 150 feet of all portions of the facility and all portions on the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.”
“27. Permits will be required for the membrane structure being utilized for the shaded grow area if it is to remain, be modified, and/or demolished. The membrane structure shall comply with Chapter 31 of the most recently adopted edition of the California Fire Code and California Building Code.” “28. Knox box and gate access required (www.knoxbox.com).” “30. A back-flow device is required on the water meter.” “32. The developer/applicant shall install a refuse container enclosure according to City standards. Enclosure location to be approved by City prior to issuance of building permit. Enclosure should be oriented for direct stab pick up. The developer/ applicant shall also sign a waiver of liability for refuse truck damage to the parking lot if the refuse container location requires refuse trucks to travel on the parking lot.”, and
WHEREAS: On September 5, 2023, the City Council held a Public Hearing and has determined, with respect to violating the conditions of approval as set forth in Resolution 40-2022 for Conditional Use Permit 2021-037-C:

1. That there is and has been a violation of or failure to observe the terms or conditions of the permit or variance, and the use has been conducted in violation of the provisions of this the applicable laws and regulations; and

2. The applicant has failed to comply with conditions of approval adopted with Resolution 40-2022. Specifically, the applicant has failed to comply with the following conditions: 5, 6, 9, 10, 11, 24, 27, 28, 30, and 32 (and stated above).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby revoke Conditional Use Permit 2021-037-C for failure to comply with the regulations and conditions of approval.

PASSED, APPROVED AND ADOPTED this ______ day of September, 2023. __________________________________
Martha A. Flores, Mayor
ATTEST:

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

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Locator Map
PRC 2021-037
Sunburst Packing Company
@ 180 South E. Street
Date Printed: 5/31/2022 by the Community Development Department 1 in = 500 feet
±
Project Location
CITY COUNCIL AGENDA – SEPTEMBER 5, 2023
SUBJECT: Terraza Residential Development
SOURCE: Community Development
BACKGROUND: The applicant is proposing a General Plan Land Use Amendment, Zone Change, and PD Plan (Planned Development) in order to facilitate the development of a multifamily residential use. The project would also include the division of existing property through a Tentative Subdivision Map.

COMMENT: See analysis.

ANALYSIS: PROJECT LOCATION: The project is located in northeastern Porterville, on the southwest corner of Plano Street and Grand Avenue.

SPECIFIC REQUEST: The applicant requests for a General Plan Amendment from RM-1 to RM-2 and a Zone Change from RM-1 (LowMedium Density Residential) to PD (Planned Development) in order to facilitate the development of the project site as proposed.

CURRENT GENERAL PLAN: The subject site is designated Low-Medium Density Residential by the General Plan Land Use Element PROPOSED GENERAL PLAN: RM-2 (Medium Density Residential) CURRENT ZONING: The subject site is zoned RM-1 (Low-Medium Density Residential)

PROPOSED ZONING: PD (Planned Development)
PRESENT USE: Vacant Lot
SURROUNDING LAND USE AND ZONING:

North: Single Family Residential/Commercial - CMX
South: Multi-Family Residential – RM-2
East: Single Family Residential – RM-1
West: Vacant – RM-1

The proposed General Plan Amendment, Zone Change and PD Plan will facilitate the development of a 12-lot subdivision for a future multi-family residential development on the existing 3.07± acre property.

The project would include an approval of a Planned Development (PD) Plan which consists of the development of twelve (12) 2-story buildings for a 46-unit residential subdivision and common area with associated improvements consisting of utility connections, drive approaches, parking lots, connection to an existing pedestrian trail, and associated landscaping.

Each unit would have a small courtyard and a two-car garage. There would be approximately forty-two (42) additional parking spaces. The subdivision would be gated with a single ingress/egress for vehicles, an additional pedestrian pathway and gate, and an emergency vehicle access controlled via Knox box.

The division of the site would be required to comply with the development standards for the Porterville Development Ordinance (PDO) and the Subdivision Map Act.

The project meets the requirements of the Plan Development (PD) designation as it complies with all the required findings outlined in the PDO Section 207.06, which include: that the proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply; that the site for the proposed development is adequate in size and shape to accommodate the proposed uses and all setbacks, open spaces, setbacks, walls and fences, parking area, loading areas, landscape, and other features required; that the facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare; that the proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area; that the improvements required and the manner of development adequately address all natural and man-made hazards associated with the proposed development and the project site, including, but not limited to, flood, fire, and seismic or soils hazards; that the proposed development provides a more efficient use of the land and superior architecture and site design compared to that which could be achieved through the application of the zoning district regulations that otherwise would apply.

Development of the site as proposed will provide needed housing in conformance with the City’s General Plan Land Use and Housing Elements as well as the requirements of the California Subdivision Map Act and local Ordinance.

The multi-family development supports the General Plan land use guiding policies to allow and encourage efficient infill development in existing neighborhoods.

The draft Resolution outlines that any future development of property with a proposed multi-family development shall meet all requirements that pertain to the PD Plan and the Development Ordinance. The development would require recordation for ingress, egress, parking and public utilities.

The proposed CUP grants approval of the subdivision of existing property as it relates to lot design.

ENVIRONMENTAL
REVIEW:

During the project's review, the City contracted with Provost & Pritchard, Inc. to prepare an Initial Study (IS) to analyze and to determine the probable environmental effects associated with the proposed project. Based on the results of the technical studies prepared in conjunction with the IS, the City made a preliminary determination that with mitigation measures included, the project would not have a significant effect on the environment, and that the adoption of a Mitigated Negative Declaration would be appropriate. Mitigation measures are identified for Biological Resources, Cultural Resources, and Tribal Cultural Resources; incorporation of that mitigation would reduce all potentially significant effects to a less-than-significant level. Upon completion of the Draft IS/MND, the Notices of Intent and Completion were filed in accordance with CEQA and the CEQA Guidelines. The IS/MND was sent to the State Clearinghouse (SCH No. 2023070523) and circulated for a period of thirty (30) days starting on July 25, 2023 and ended on August 24, 2023, which no comments were received.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to receive comment regarding the proposed IS/MND, General Plan Amendment, Zone
Change, and Tentative Subdivision Map;

2. Adopt the draft Resolution adopting the Initial
Study/Mitigated Negative Declaration;

3. Adopt the draft Resolution for General Plan
Amendment;

4. Introduce and waive the first reading of the draft
Ordinance for Zone Change; and

5. Adopt the draft Resolution approving the Tentative
Subdivision Map.

ATTACHMENTS: 1. Draft Resolution - General Plan Land Use Designation

2. Draft Resolution - Mitigated Negative Declaration

3. Resolution Attachment: Mitigation Monitoring and
Reporting Program

4. Draft Resolution - Tentative Subdivision Map

5. Draft Ordinance - Zone Change

6. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager

RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

ADOPTING AN AMENDMENT TO THE GENERAL PLAN IN ORDER TO CHANGE THE LAND USE DESIGNATION OF ASSESSOR’S PARCEL NUMBER 253-050-007 TO

MEDIUM DENSITY RESIDENTIAL
WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of September 5, 2023, conducted a public hearing to consider findings and consider the following entitlements, General Plan Amendment, Zone Change, and a Tentative Subdivision Map located at APN 253-050-007; and
WHEREAS: the City of Porterville General Plan Land Use Diagram designates the Site as Low Medium Density Residential; and
WHEREAS: to provide for uniform density and development standards and to facilitate development of multi-family residential use, the project proposes to amend the General Plan Land Use Diagram to amend the land use designation for the subject site to Medium Density Residential as well; and
WHEREAS, pursuant to Government Code Section 65352.3, on or about August 13, 2019 the City provided notice of the Project to Tribes identified by the Native American Heritage Commission, namely: the Big Sandy Rancheria of Western Mono Indians, Kern Valley Indian Community, the Tubatalbals of Kern County, the Tule River Indian Tribe, and the Wuksache Indian Tribe/Eshom Valley Band, and received no response therefrom; and WHEREAS: on August 23, 2023, a notice was published in The Porterville Recorder setting the date, and place of a public hearing for September 5, 2023 and similar notices were sent to owners of property within 300 feet of the Site and posted at City Hall and the City’s website announcing the same; and
WHEREAS: at a regular meeting on September 5, 2023, the Porterville City Council did conduct a public hearing to consider the Project; and
WHEREAS: the City Council has considered public testimony received during the public hearing; and
WHEREAS: the proposed action consists of issuance of a permit or entitlement for use and therefore constitutes a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and WHEREAS: via adoption of Resolution No. XX-2023, the City Council has adopted a mitigated negative declaration and mitigation monitoring and reporting program for the Project; and
Resolution No. __ -2023

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville hereby amends the Land Use Diagram of the Land Use Element of the City of Porterville General Plan to reflect the Land Use designation of the northern portion of Assessor’s Parcel No. 253-050-007 as Medium Density Residential as illustrated in Exhibit A hereto.

PASSED, APPROVED, AND ADOPTED THIS 5th day of September, 2023. _______________________________
Martha A. Flores, Mayor
ATTEST:

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

RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH NO. 2023070523) FOR THE TERRAZA SUBDIVISION DEVELOPMENT PROJECT (PRC 2017-048-S) WHEREAS: Brian Ennis (Applicant) has submitted to the City of Porterville the Terraza Subdivision Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 3.07± acres into 12 total lots located at the southwest corner of W. Grand Avenue and Plano Street (APN 253-050-007; Site); and
WHEREAS: The Project proposes twelve (12) 2-story buildings for a 46-unit residential development. The Project also includes a common area with associated improvements consisting of utility connections, drive approaches, parking lots, connection to an existing pedestrian trail, and associated landscaping. The project will be gated with a single ingress and egress for vehicles, an additional pedestrian trail pathway and gate, and an emergency vehicle access controlled via Knox box; and
WHEREAS: The aforementioned activities, individually and collectively, constitute a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and
WHEREAS: The City has caused to be prepared an initial study pursuant to the provisions of CEQA and the CEQA Guidelines; and
WHEREAS: The initial study indicated the potential for significant effects in the resource areas of Biological Resources, Cultural Resources, Cumulative Effects and Tribal Cultural Resources; and
WHEREAS: The initial study concluded that with implementation of mitigation measures, all potentially significant effects resulting from the Project can be mitigated to a less-thansignificant level, and that adoption of a mitigated negative declaration would be appropriate; and WHEREAS: Pursuant to Public Resources Code Section 21080.3.1, on or about August 13, 2019, the City provided notice of the Project to Santa Rosa Rancheria Tachi Yokut Tribe, Tule River Indian Tribe and the Wuksache Indian Tribe/Eshom Valley and received no response therefrom; and
WHEREAS: On July 25, 2023 a notice of intent to adopt a mitigated negative declaration was published in The Porterville Recorder and was filed with the Tulare County Clerk and the State Clearinghouse and posted at City Hall and on the City’s website, said notice identifying a public review and comment period of 30 days starting on July 25, 2023 and ending on August 24, 2023; and

WHEREAS: The Draft Initial Study/Mitigated Negative Declaration (IS/MND) was uploaded to the State Clearinghouse, assigned a State Clearinghouse number (2023070523), and circulated for a period of 30 days starting on July 25, 2023 and ending on August 24, 2023. No written comments were received during the comment period; and WHEREAS: At a regular meeting on September 5, 2023 the City Council of the City of Porterville did conduct a public hearing to consider approval of a Mitigated Negative Declaration regarding the Project; and
WHEREAS: The City Council has received the IS/MND and has reviewed and considered the information contained therein; and
WHEREAS: The City Council has considered the approval of a Mitigated Negative Declaration which evaluates the environmental impacts of the Terraza Subdivision Development; and
WHEREAS: The City Council finds that the IS/MND has been completed in compliance with CEQA and the CEQA Guidelines; and
WHEREAS: The determinations in the IS/MND consist of the City Council’s independent judgement and analysis; and
WHEREAS: Based upon the IS/MND and the record, with incorporation of mitigation the Project will not individually or cumulatively have an adverse impact on environmental resources; and
WHEREAS: The City of Porterville is the custodian of the documents and other materials that constitute the record of the proceedings on which these determinations are based, and Porterville City Hall, 291 N. Main Street, Porterville, CA is the location of this record.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby adopt the IS/MND prepared for the Terraza Subdivision Development Project.

BE IT FURTHER RESOLVED that the Mitigation Monitoring and Reporting Program attached hereto shall be implemented as noted therein as part of project implementation.

BE IT FURTHER RESOLVED the City Manager shall cause a Notice of determination to be filed in accordance with CEQA within five business days following project approval. ///
///
///

PASSED, APPROVED, AND ADOPTED this 5th day of September, 2023. _________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
_________________________________
By: Patrice Hildreth, Chief Deputy City Clerk
Chapter 4: Mitigation Monitoring and Reporting Program
City of Porterville - Terrazza Subdivision
Provost & Pritchard Consulting Group • July 2023 4-2
4 Chapter 4 Mitigation Monitoring and Reporting
Program
This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Terrazza Subdivision (Project) in Tulare County (County). The MMRP lists mitigation measures recommended in the IS/MND for the proposed Project and identifies monitoring and reporting requirements.

Table 4-1 presents the mitigation measures identified for the Project. Each mitigation measure is numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact number. For example, AIR-2 would be the second mitigation measure identified in the Air Quality analysis of the IS/MND.

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

Chapter 4: Mitigation Monitoring and Reporting Program
City of Porterville - Terrazza Subdivision
Provost & Pritchard Consulting Group • July 2023 4-1
Table 4-1. Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval
When
Monitoring is
to Occur
Frequency
of
Monitoring
Agency
Responsible for
Monitoring
Method to Verify
Compliance
Verification of
Compliance
Biological Resources
Bio-1 (Avoidance):

The Project’s construction activities will occur, if feasible, between September 1 and January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds.

During active
nesting season
September 1 and
January 31
As
determined
needed by
biological
subconsultant
during
construction
activities
City of Porterville
with assistance of
a qualified
biological
subconsultant
By subconsultant report to
City of Porterville
Bio-2 (Pre-construction Surveys):

If activities must occur within nesting bird season (February 1 to August 31), a qualified biologist will conduct pre-construction surveys for active nests within 30 days prior to the start of construction. The survey will include the proposed work area and surrounding lands within 500 feet.

If no active nests are observed, no further mitigation is required. Raptor nests are considered “active” upon the nest-building stage.

February 1-
August 31
Once prior to
initiating any
ground
disturbances
City of Porterville
with assistance of
a qualified
biological
subconsultant
By subconsultant report to
City of Porterville
Bio-3 (Establish Buffers):

On discovery of any active nests near work areas, the biologist will determine appropriate construction setback distances based on applicable CDFW and/or USFWS guidelines and/or the biology of the species in question. Construction buffers will be identified with flagging, fencing, or other easily visible means, and will be maintained until the biologist has determined that the nestlings have fledged.

During ground
disturbing
activities and in
the event any
active nests near
work areas are
uncovered
Once prior to
initiating any
ground
disturbances
City of Porterville
with assistance of
a qualified
biological
subconsultant
By subconsultant report to
City of Porterville
Cultural and Tribal Cultural Resources
CUL-1 (Archaeological Resources)
If, during construction, cultural resources are discovered, all work will be halted within 50 feet of the discovery. A professional archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards in prehistoric or historical archaeology will be retained by the City to determine the significance of the discovery. Upon a finding of significance, the City will implement the required mitigation (if any) as determined by the archaeologist.

During ground
disturbing
activities and in
the event
potential
archaeological
artifacts or
Daily during
ground
disturbing
activities
City of Porterville
with assistance of
a qualified cultural
subconsultant
By subconsultant/contractor
reports to MWD
Chapter 4: Mitigation Monitoring and Reporting Program
City of Porterville - Terrazza Subdivision
Provost & Pritchard Consulting Group • July 2023 4-2
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval
When
Monitoring is
to Occur
Frequency
of
Monitoring
Agency
Responsible for
Monitoring
Method to Verify
Compliance
Verification of
Compliance
resources are
uncovered
CUL-2 (Human Remains)
In the event human remains are encountered during construction activities, all work within the vicinity of the remains would halt in accordance with Health and Safety Code §7050.5, Public Resources Code §5097.98, and Section 15064.5 of the CEQA Guidelines, and the Fresno County coroner’s office would be contacted.

During ground
disturbing
activities and in
the event human
remains are
uncovered
Daily during
ground
disturbing
activities
City of Porterville
with assistance of
a qualified cultural
subconsultant
By subconsultant/contractor
reports to the City of
Porterville, Tulare County
Coroner notification and
report, and notification to
NAHC, if applicable
GEO-1 (Paleontological Resources)
Should paleontological resources be encountered on the Project site, all ground disturbing activities in the area will stop. A qualified paleontologist will be contacted to assess the discovery. Mitigation may include monitoring, recording the fossil locality, data recovery and analysis, a final report. Public educational outreach may also be appropriate. Upon completion of the assessment, a report documenting methods, findings, and recommendations will be prepared and submitted to the City of Porterville for review, and (if paleontological materials are recovered) a paleontological repository, such as the University of California Museum of Paleontology.

During ground
disturbing
activities and in
the event human
remains are
uncovered
Daily during
ground
disturbing
activities
City of Porterville
with assistance of
a qualified cultural
subconsultant
By subconsultant/contractor
reports to the City of
Porterville, Tulare County
Coroner notification and
report, and notification to
NAHC, if applicable
Noise
NOI-1
During the construction period, construction activities and delivery trucks serving the Project will be limited to between 7:00 A.M. and 10:00 P.M. Monday through Friday and between 7:00 A.M. and 5:00 PM on Saturday or Sunday to avoid noise-sensitive hours of the day.

During the
construction
period
Daily during
construction City of Porterville
By subconsultant/contractor
reports to the City of
Porterville
NOI-2
Construction activities will be prohibited on holidays.

During the
construction
period
During
holidays City of Porterville
By subconsultant/contractor
reports to the City of
Porterville
NOI-3
The construction contract will require the contractor to ensure that construction equipment noise is minimized by muffling and shielding intakes and exhaust (in accordance with the manufacturer’s specifications) and by shrouding or shielding impact tools.

Prior to and
during the
construction
period
Once prior to
construction City of Porterville
By subconsultant/contractor
reports to the City of
Porterville

RESOLUTION NO. _____-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH NO. 2023070523) FOR THE TERRAZA SUBDIVISION DEVELOPMENT PROJECT (PRC 2017-048-S) WHEREAS: Brian Ennis (Applicant) has submitted to the City of Porterville the Terraza Subdivision Development Project (Project), consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 3.07± acres into 12 total lots located at the southwest corner of W. Grand Avenue and Plano Street (APN 253-050-007; Site); and
WHEREAS: The Project proposes twelve (12) 2-story buildings for a 46-unit residential development. The Project also includes a common area with associated improvements consisting of utility connections, drive approaches, parking lots, connection to an existing pedestrian trail, and associated landscaping. The project will be gated with a single ingress and egress for vehicles, an additional pedestrian trail pathway and gate, and an emergency vehicle access controlled via Knox box; and
WHEREAS: The aforementioned activities, individually and collectively, constitute a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”) and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, Section 15000, et seq.; and
WHEREAS: The City has caused to be prepared an initial study pursuant to the provisions of CEQA and the CEQA Guidelines; and
WHEREAS: The initial study indicated the potential for significant effects in the resource areas of Biological Resources, Cultural Resources, Cumulative Effects and Tribal Cultural Resources; and
WHEREAS: The initial study concluded that with implementation of mitigation measures, all potentially significant effects resulting from the Project can be mitigated to a less-thansignificant level, and that adoption of a mitigated negative declaration would be appropriate; and WHEREAS: Pursuant to Public Resources Code Section 21080.3.1, on or about August 13, 2019, the City provided notice of the Project to Santa Rosa Rancheria Tachi Yokut Tribe, Tule River Indian Tribe and the Wuksache Indian Tribe/Eshom Valley and received no response therefrom; and
WHEREAS: On July 25, 2023 a notice of intent to adopt a mitigated negative declaration was published in The Porterville Recorder and was filed with the Tulare County Clerk and the State Clearinghouse and posted at City Hall and on the City’s website, said notice identifying a public review and comment period of 30 days starting on July 25, 2023 and ending on August 24, 2023; and

WHEREAS: The Draft Initial Study/Mitigated Negative Declaration (IS/MND) was uploaded to the State Clearinghouse, assigned a State Clearinghouse number (2023070523), and circulated for a period of 30 days starting on July 25, 2023 and ending on August 24, 2023. No written comments were received during the comment period; and WHEREAS: At a regular meeting on September 5, 2023 the City Council of the City of Porterville did conduct a public hearing to consider approval of a Mitigated Negative Declaration regarding the Project; and
WHEREAS: The City Council has received the IS/MND and has reviewed and considered the information contained therein; and
WHEREAS: The City Council has considered the approval of a Mitigated Negative Declaration which evaluates the environmental impacts of the Terraza Subdivision Development; and
WHEREAS: The City Council finds that the IS/MND has been completed in compliance with CEQA and the CEQA Guidelines; and
WHEREAS: The determinations in the IS/MND consist of the City Council’s independent judgement and analysis; and
WHEREAS: Based upon the IS/MND and the record, with incorporation of mitigation the Project will not individually or cumulatively have an adverse impact on environmental resources; and
WHEREAS: The City of Porterville is the custodian of the documents and other materials that constitute the record of the proceedings on which these determinations are based, and Porterville City Hall, 291 N. Main Street, Porterville, CA is the location of this record.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville does hereby adopt the IS/MND prepared for the Terraza Subdivision Development Project.

BE IT FURTHER RESOLVED that the Mitigation Monitoring and Reporting Program attached hereto shall be implemented as noted therein as part of project implementation.

BE IT FURTHER RESOLVED the City Manager shall cause a Notice of determination to be filed in accordance with CEQA within five business days following project approval. ///
///
///

PASSED, APPROVED, AND ADOPTED this 5th day of September, 2023. _________________________________
Martha A. Flores, Mayor
ATTEST:

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

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ADOPTING

AN AMENDMENT TO THE ZONING MAP CHANGING THE ZONING DESIGNATION OF ASSESSOR’S PARCEL NUMBER 253-050-007 TO PLANNED DEVELOPMENT WHEREAS: Brian Ennis (Applicant) has submitted to the City of Porterville the Terraza Development Project, consisting of a Tentative Subdivision Map and related entitlements to accommodate the subdivision of approximately 3.07 acres into 12 total lots located at the southwest corner of W. Grand Avenue and Plano Street (APN 253-050-007; Site); and WHEREAS: The City Council of the City of Porterville, at its regular scheduled meeting of September 5, 2023, conducted a public hearing to consider findings in support of Zone Change PRC 2017-048-Z, being a change from RM-1 (Low Medium Density Residential) to PD (Planned Development) for the parcel located at APN 253-050-007; and WHEREAS: on August 23, 2023, a notice was published in The Porterville Recorder setting the date, and place of a public hearing for September 5, 2023 and similar notices were sent to owners of property within 300 feet of the Site and posted at City Hall and the City’s website announcing the same; and
WHEREAS The City Council of the City of Porterville received testimony from all interested parties related to said Zone Change; and
WHEREAS: via adoption of Resolution No. XX-2023, the City Council has adopted a mitigated negative declaration and mitigation monitoring and reporting program for the Project; and
WHEREAS: via adoption of Resolution No. XX-2023, the City Council has amended the General Plan Land Use Designation of the project site to Medium Density Residential; and WHEREAS: The City Council made the following findings that the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted.
a. The project supports and complies with the following General plan guiding policies:
• LU-G-1: Promote a sustainable balanced land use pattern that responds to existing needs and future needs of the city.
• LU-G-3: Promote sustainability in the design and development of public and private development projects.
• LU-G-5: Ensure that new development pays for the public pays for the public facilities and infrastructure improvements required to meet the demands resulting from that growth.
• ED-G-2: Retain, improve, and promote existing businesses in Porterville.

Ordinance No. ______

• ED-G-5: Retain existing local businesses and foster local start-ups. • ED-G-7: Create an image for Porterville that will attract and retain economic activity.
b. The location of the proposed residential development and proposed zoning of Planned Development will not be detrimental to the public health, safety welfare, or materially injurious to properties or improvements in the vicinity.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Porterville as follows:

SECTION 1: That the following described property in the City of Porterville, County of Tulare, State of California, known as Zone Change PRC 2017-048-Z, is hereby rezoned from RM-1 (Low Medium Density Residential) to PD (Planned Development), pursuant to Number 2 below, for the parcel described herein as Assessor Parcel Number 260-204-009; and SECTION 2: It is further ordained that all record of the City of Porterville, together with the official zoning map of the City of Porterville, shall be changed to show the above-described real property is rezoned from RM-1 (Low Medium Density Residential) to PD (Planned Development) for the parcel described above, more particularly shown on the attached map as Exhibit “A”.

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

SECTION 4: Future development of site shall comply with the Porterville Development Ordinance and all applicable codes.

PASSED, APPROVED, AND ADOPTED this 5th day of September, 2023. ____________________________________
Martha A. Flores, Mayor
ATTEST:

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

Item No. 16.

CITY COUNCIL AGENDA – SEPTEMBER 5, 2023
SUBJECT: 2022-2023 Consolidated Annual Performance Evaluation Report (CAPER) SOURCE: Community Development
COMMENT: The City's 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER), has been prepared for submittal to U.S. Department of Housing and Urban Development (HUD). The CAPER reports on specific federal assistance allocated to the City for the period July 1, 2022, through June 30, 2023. The CAPER is the performance reporting tool for the 2022-2023 Action Plan Program Year, and is required by HUD guidelines. Performance reporting meets four basic purposes:
• Provides HUD with necessary information for the Department to meet its statutory requirement to assess each grantee’s ability to carry out relevant programs in compliance with all applicable rules and regulations;
• Provides information necessary for HUD’s Annual Report to Congress, and is statutorily mandated;
• Provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and meeting objectives stipulated in their Consolidated and Action Plans; and
• Assures that citizens, community groups, and other interested stakeholders in the community development process are accurately informed of the use of federal resources.

As required by HUD regulations and the Citizen Participation Plan, staff obtained citizen participation by publishing and posting bilingual public comment notices. On August 18, 2023, Staff published a public comment notice in English and Spanish in the Porterville Recorder and Noticiero Semanal, and the CAPER was made available for review electronically on the City’s website (www.ci.porterville.ca.us) and in City Hall. The notices state public comments may be submitted electronically and by phone by September 5, 2023, at 5:00 p.m. At the time of this report, no comments have been received. If comments are received prior to the close of the comment period, staff will respond to the comments before the CAPER is submitted to HUD by September 30, 2023.

RECOMMENDATION: That the City Council:

1. Conduct the Public Hearing and consider any comments received;

2. Consider the Draft 2022-2023 Consolidated Annual
Item No. 16.

Performance Evaluation Report; and

3. Direct staff to submit said report to the Department of Housing and Urban Development by the required deadline of September 30, 2023.

ATTACHMENTS: 1. Draft Consolidated Annual Performance Evaluation Report Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
1 CITY OF PORTERVILLE

CONSOLIDATED ANNUAL PERFORMANCE

EVALUATION REPORT
(CAPER)
FISCAL YEAR 2022-2023
15 Day Comment Period
August 19, 2023 through September 5, 2023
DRAFT
Jason Ridenour
Assistant City Manager
291 N. Main Street
Porterville, CA 93257
559-782-7460
City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 2 CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

This section addresses activities undertaken during the program year to address pertinent Consolidated Plan and FY 2022/23 Action Plan objectives and areas of high priority.

To meet the City of Porterville’s goals and objectives for FY 2022/23, funds were primarily administered to the following activities: First-Time Low-Income Homebuyer Program (FTHB), Homebuyer Education, Owner Occupied Rehabilitation Loan, Continuum of Care LINC Services, Case Management for Permanent Supportive Housing for the chronically homeless, Fair Housing Education Services, Parks Improvement Program, and Business Assistance.

These accomplishments promoted and sustained public services, existing housing, and job opportunities for Porterville residents and employers. Programs designed to address and fund the needs identified as “High” in the Priority Needs Table are the City’s number one objective.

In keeping with this focus, the following objectives identified in the Consolidated Plan and FY 2022/23 Action Plan (AP) were addressed:
 Objective 1: Assist in the creation and preservation of affordable housing opportunities.  Objective 2: Support activities to prevent and end homelessness.  Objective 3: Support activities that strengthen neighborhoods.  Objective 4: Expand economic development and employment opportunity programs.

The City of Porterville amended its 2022 Action Plan 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 to remain in compliance with expenditure deadlines. The amendment consisted of the reallocation of funding for Youth Center to existing LINC Services and Case Management for Permanent Supportive Housing activities. A new activity, Navigation Center Operations was also added but subsequent to Council’s approval of the amendment, the subrecipient withdrew its proposal. Per the budget contingency language, funds were reallocated to the First-Time Low-Income Homebuyer Loan Program. Additionally, funds allocated to the Curb, Gutter, and Sidewalk Program were re-allocated to the First-Time Low-Income Homebuyer Program.

The Table 1 - Accomplishments – Program Year & Strategic Plan to Date represents 5-year goals for FY 2020-2024. This is the third year of accomplishments reported or 60% of the goals. See Table 1a for actual program stats, as the system generated table does not capture all the accomplishments accurately.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 3 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source / Amount/
CDBG
Indicator Unit of
Measure
Expected Strategic Plan
Actual Strategic Plan
Percent Complete
Expected – Program Year
Actual – Program Year
Percent Complete
Affordable Housing
Affordable Housing CDBG: $1,805 Public service activities other than LMI Housing Benefit
PA 300 144 48.00% 60 45 75%
Affordable Housing
Affordable Housing CDBG: $0 Homeowner Housing Added HHU 2 0 0.00% 0 0 0.00% Affordable Housing
Affordable Housing CDBG: $223,266 Homeowner Housing Rehabilitated HHU 5 2 40.00% 4 1 25.00% Affordable Housing
Affordable Housing CDBG: $130,000 Direct Financial Assistance to Homebuyers
HA 5 4 80.00% 1 0 0.00%
Affordable Housing
Affordable Housing CDBG: $15,000 Public service activities other than LMI Housing Benefit
PA 0 0 0.00% 30 67 223%
Economic Development
Non-Housing Community Development
CDBG: $224,735 Businesses Assisted B 20 1 5.00% 5 0 0.00% Homelessness Homeless CDBG: $10,000 Public service activities other than LMI Housing Benefit
PA 750 281 37.46% 150 417 278%
Homelessness Homeless CDBG: $25,429 Public service activities for LMI Housing Benefit
HA 5 13 260.00% 2 6 300.00%
Strengthening Neighborhoods
Non-Homeless Special Needs Non-Housing Community Development CDBG: $0 Other O 1 0 0.00% 1 0 0.00%
Strengthening Neighborhoods
Non-Homeless Special Needs Non-Housing Community Development CDBG: $114,503 Public Facility or Infrastructure
Activities other than LMI Housing Benefit
PA 167,815 15,415 9.19% 15,415 12,325 79.95%
Economic Development
Non-Housing Community Development
CDBG-CV: $98,438 Businesses Assisted B 0 0 0.00% 0 1 100.00% UNIT OF MEASURE: PA=Persons Assisted, HA= Households Assisted, HHU=Household Unit, B=Business, J=Jobs, B=Beds, O=Other. LMI=Low/Moderate Income Table 1a - Accomplishments – Program Year & Strategic Plan to Date City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 4 Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The City remains committed to providing a full range of housing opportunities throughout the community.

It’s the City’s intent to assist in the development of housing opportunities within the City and, as such, the City will engage in programs that further improve the supply of lower income housing. Below are the programmed activities for FY 2022 and accomplishments associated with each activity.

First Time Homebuyer Loan Program: The Action Plan (AP) set a goal that at least one low-to-moderate income household would receive assistance. While one (1) low to moderate income household was assisted, it was funded with CalHome program income.

Owner Occupied Rehabilitation Loan Programs: A goal of four (4) low-to-moderate income households was established by the AP. There was one (1) rehabilitation loan funded in Program Year 2022. There are two (2) active rehabilitation loan applications in progress at this time. Four (4) applications did not progress as two (2) households withdrew their application, one (1) was unresponsive and one (1) was over the 80% median income.

Homebuyer Education: The City made every effort to meet the goal of assisting sixty (60) low-to– moderate income households by continuing to offer Virtual Homebuyer Education classes. During the program year six (6) classes were held and forty-seven (47) households were assisted.

Case Management for Permanent Supportive Housing: The City collaborates with several local operators of facilities that meet the emergency and transitional housing needs of the homeless and those threatened with homelessness. It allocates CDBG funds for case manager salaries for the Permanent Supportive Housing (PSH) Program administered by Family Services of Tulare County, which provides the following services: referrals to counseling and dentist, life skills training, transportation, home visits/case management and delivery of food and hygiene products. Six (6) individuals received new or continued access to these services, all of whom have been housed while enrolled in the program. The goal of two persons assisted was met.

Parks Improvement Program: The Parks & Leisure Services Department worked diligently to bring new amenities to the parks. Accomplishments included the installation of 4'x8' concrete slabs for each of the nine (9) disc golf holes at both Zalud and Murry Parks. These pads will produce a much safer and more durable footing area for the patrons to throw discs from than the grass and dirt that they threw from previously. Additionally, forty (40) solar light posts were installed within two parks in Porterville; twentynine (29) lights were installed at Murry Park and eleven (11) lights were installed at Zalud Park. The lights at Murry Park are spread throughout the park with a majority highlighting two main connectivity paths.

The Zalud Park lights are all along the main trail within the park and they illuminate the newly installed fitness equipment, which was also previously purchased with CDBG Park Improvement Funds. Features of the light include a commercial grade maintenance-free solar light, a high/low switch which controls brightness and duration, motion sensing mode, and a smart switch which puts the light into an automatic dusk to dawn operation.

Business Assistance Program: The BAP accomplishments for 22/23 include one (1) CV loan and in the amount of $50,000, which created two (2) full time equivalent positions made available to persons of low and moderate-income.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 5 Fair Housing: CSET continued its efforts to implement and market the fair housing education program via social media and community partner agencies. Activities included a total of eleven (11) presentations to the general public, provision of comprehensive Fair Housing information as requested, and a Pathway to Homeownership Fair at Veterans Park that was held in June. The goal of thirty (30) people assisted was achieved as eighty-three (83) people were assisted during the program year. An additional twenty-eight (28) persons were reached at the housing fair, however demographic data was not collected.

A map is included to show where CDBG assisted units are in the City City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 6 City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 7 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG
White 461
Black or African American 12
Asian 3
American Indian or American Native 41
Native Hawaiian or Other Pacific Islander 1
Total 518
Hispanic 334
Not Hispanic 225
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
Some of the CDBG funded programs are not captured by the table auto generated by IDIS (above), therefore Table 2a has been provided to include those programs. Additionally, Table 2a accounts for those who provide a race of “Other” also excluded from the data provided in Table 2.

Table 2a - Table of assistance to racial and ethnic
populations by source of funds

CDBG TOTALS
White 461
Black or African American 12
Asian 3
American Indian or American Native 41
Native Hawaiian or Other Pacific Islander 1
Other 41
Total Households 559
Hispanic 334
Not Hispanic 225
City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 8 CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $1,293,709 $580,261
Table 3 - Resources Made Available
Narrative
The total amount expending will be finalized after the City of Porterville finance department completes the closing out of the FY 2022/23. This total is as of June 30, 2023, based on a preliminary report of expenditures. Please see PR-26 and Explanation of Adjustments (Attachment 3). Additionally, $50,000 in CDBG-CV funds were expended during the program year as reflected in the PR-26 CDBG-CV Financial Summary (Attachment 3) as IDIS does not have the functionality to add a second line for CV funds as they are attached to PY 2019/20.

The auto-generated table by IDIS does not reflect actual amounts. Therefore, actual balances have been included, per available resources at the beginning of FY 2022/23. Every effort was made to use any available Program Income first, then any prior CDBG entitlement and finally the current entitlement. Some Activities only use Program Income, Prior Entitlement or Current Entitlement; therefore, all account resources have expenditures.

Identify the geographic distribution and location of investments Target Area Planned
Percentage of
Allocation
Actual
Percentage of
Allocation
Narrative Description
Citywide 100 100
All programs are within the City Limits of
Porterville
Table 4 – Identify the geographic distribution and location of investments Narrative
The target area for all goals is Citywide. All assistance was provided to households within the city limits of Porterville, including annexed Tulare County unincorporated areas.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 9 Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

Private resources used in conjunction with Federal resources consist of first mortgages issued to qualifying first time homebuyers from lenders participating in the City’s First Time Homebuyer Program. The City also continues leveraging its First Time Homebuyer Program, the Owner-Occupied Housing Rehabilitation Program, and other housing programs with Revolving Loan Program Income Funds derived from the repayment of CDBG, and State grants such as HOME and CalHome loans. Matching requirements were satisfied through the individual program guidelines. For the First-Time Low-Income Homebuyer Program, lenders are requested to provide a higher percentage of the sales price than what the City provides. This provision also promotes affordable housing because in most cases, it excludes the additional cost of primary mortgage insurance (PMI) when they are eligible for Conventional Financing if at least 20% is given as a down payment. One of the exceptions to the PMI cost avoidance is the use of FHA financing which is allowed with the program and requires PMI.

Homebuyer Education is a public service being provided at City Hall and is a CDBG funded activity, but not in its entirety, as doing so would result in the City exceeding its public service cap. Therefore, the program is subsidized through the General Fund, HOME Administration funds and a partnership for inkind staff time with CSET who provides an instructor to administer the classes.

With General Fund, improvements have been made to public parks including the installation of solar lights at both Murry and Zalud Parks and replacement of playground equipment at Zalud Park. City staff also installed fitness equipment at Zalud Park. Additionally, staff has secured park related grants which will enhance existing park areas and provide a new community park.

Matching funds associated with the Business Assistance Program are those funds necessary to complete the project and accommodate the business.

Permanent Local Housing Allocation (PLHA) funds have also been leveraged to fund operations of Permanent Supportive Housing, Homeless Navigation Center, Emergency Shelter and Bridge housing.

The Litter Abatement Pilot project is a partnership between the City of Porterville, Tulare County Association of Governments (TCAG), the California Department of Transportation (Caltrans) and Community Services Employment Training (CSET) to employ individuals experiencing homelessness to conduct beautification along State Route 65 and State Route 190 within the city limits, including off ramps and other transportation public right of ways near the State Routes where litter accumulates. Each agency provided funding for 3 years for a 4-person crew plus a supervisor began and February 6, 2023, collecting an average of 50 bags of waste a day.

Bridges to Employment and Careers is 50% funded by the California Workforce Development Board as part of an award totaling $100,324 and 50% funded from non-federal funding sources. This program places individuals experiencing homelessness at a job site within a City department (Field Services, Parks & Library) to obtain on the job training or enrolls them in one of their programs. The goal was to provide 16 individuals with on-the-job training so they can gain additional skills to secure permanent employment.

City of Porterville provide in-kind match for the program.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 10 Lastly, Coronavirus State and Local Recovery Funds established under the American Rescue Plan Act (ARPA) funds have been used to leverage CDBG funds for two projects. The first provided gap financing for an affordable housing development that opened in FY 2022-23 and provides 40 PSH and 40 Affordable housing units. The second allocated funding for FY 2022-2023 was to fund a social worker for crisis intervention situations that the Porterville Police Department is called to attend and is part of a team that is conducting outreach to the unhoused population to help them be connected to services and housing.

CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Homeless 2 6
Non-Homeless 5 1
Special-Needs 0 0
Total 7 7
Table 5 – Number of Households
One-Year Goal Actual
Rental Assistance 2 6
The Production of New Units 0 0
Rehab of Existing Units 4 1
Acquisition of Existing Units 1 0
Total 7 7
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

In FY 22-23, the City of Porterville made every effort to meet or exceed the goals. The following are programs with unmet goals that contribute to the City’s efforts in providing affordable housing for its residents.

First Time Homebuyer Loan Program: While thirteen (13) applications were received in the program year, one (1) FTHB loan was funded with CalHome PI. Of the remaining twelve (12) applications, there are currently ten (10) active applications, and two (2) were that were not eligible. Home prices in Porterville have consistently been over the max purchase price limit for the program, which has created a difficulty for our approved applicants. Additionally, some applicants are approved for a lower purchase price than the max limit and that creates a difficulty in finding homes and competing for homes, as they are consistently outbid. Lastly, interest rates have also created a difficulty for our LMI applicants as they have increased the first mortgage monthly payment, which in turn increases their front- and back-end ratios and usually puts them over approved ratio limits.

Owner Occupied Housing Rehabilitation Loan Program: In past years, the number of units supported through Rehab of existing units has been exceeded, however has fell short in recent years. In program year City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 11 22-23 one (1) application was successfully funded, while two (2) additional applications remain active.

Staff is currently waiting for two (2) applicants to submit documents necessary to continue their loan applications, and four (4) applications did not progress due to inactivity, eligibility or withdrawing their application. Though there is significant interest in this program, the majority of those interested have disqualifying factors such as that they live in a mobile home or out of the City’s jurisdiction. Of those who are not automatically disqualified per Program Guidelines, many of those interested do not follow through with turning in the documents necessary to approve the application. Staff is continuously working on ways to make the process easier and more streamlined for the applicant. Additionally, over 50 flyers were distributed door to door to homebound seniors who participate in the Meals on Wheels program, to inform them of the ADA accessibility ramp program grant that is part of this activity.

Homebuyer Education: During the program year, six (6) classes were offered and six (5) were cancelled due to lack of people registered. As a result, the City fell short of its annual goal. Staff is actively advertising the Homebuyer Education classes through all available channels such as social media, resource fairs, community meetings, as well as front counter traffic at City Hall. Feedback received from the public indicates that they are waiting for home prices and/or interest rates to lower. Despite the current market conditions, staff encourages individuals to attend the education class while they wait for conditions to improve.

Youth Center (YC): This activity was cancelled through the substantial amendment process referenced above since the activity was unable to take place due to lack of a program site. City Council approved funds in the amount of $100,000 to be reprogrammed to existing programs on April 18, 2023.

Curb, Gutter and Sidewalk Improvement Program: This activity was cancelled through the substantial amendment process referenced approved by City Council on April 18, 2023. Funds in the amount of $130,000 were reprogrammed 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.

Multi-Sport Field Improvement Project: This project consists of improvements to 11.6 acres of undeveloped property to the north of the Heritage Center for the use of recreational activity and park space.

The sale of the Heritage Center and subsequent repayment of the Section 108 Loan that was expected to generate approximately $900,000 in CDBG Program Income (PI) to fund this project is still underway. The ERR has been completed and the City is awaiting approval from HUD for the Request for Release of Funds.

Discuss how these outcomes will impact future annual action plans.

These outcomes demonstrate that while not all goals were met, there is still a need for affordable housing and the city would like to continue funding such programs. Additionally, the City’s efforts to address “worst-case” housing needs and the needs of persons with disabilities included:
a. Since 2006, the City continues to promote annually the Voluntary Income Tax Assistance Program (VITA) in Porterville. VITA is a national program providing free assistance to low income, elderly, limited English proficient and/or disabled individuals who require assistance in preparing their tax returns and cannot afford the services of a paid professional tax preparer. This program aids in ensuring that these families do not have to use their limited resources on this service and are able to obtain their tax refunds.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 12 b. Offering the Owner-Occupied Housing Rehabilitation Loan program to help families bring their homes up to City Code and address Health and Safety hazards. c. Collaboration with the Housing Authority of Tulare County (HATC), who provides ongoing maintenance and upkeep of publicly assisted housing units in Porterville. HATC serves as the housing provider for worst-case needs and LMI renter households that pay more than half their income for rent. HATC also assists persons with disabilities and retrofits existing units to accommodate them.
d. The City is on the Homeless Taskforce, which is a County Wide effort to identify gaps in services to help individuals and families experiencing homelessness overcome that situation or avoid it altogether.
e. Continuum of Care’s LINC activities took place bi-weekly throughout the program year with the exception of incidents of inclement weather, such as recent flooding and health and safety concerns, such as Covid-19 outbreaks. The goal of 150 people served was met. There were 417 people served this program year.
f. It was previously reported that the City partnered with Turning Point of Central California, which operates a 30-bed Low Barrier Navigation Center for people experiencing homelessness. The Navigation Center has served as the location for the provision of LINC services since it resumed in June of 2021.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 1 0
Moderate-income 0 0
Total 1 0
Table 7 – Number of Households Served
Narrative Information
The table above includes First Time Homebuyer Loan Program and Owner-Occupied Rehabilitation Program beneficiary data.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 13 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of Porterville actively participates in searching for solutions to reduce and end homelessness through partnering with non-profit organizations and agencies, as well as seeking out grant funds to support programs aimed at reducing homelessness.

A total of $20,000 of CDBG Funding is allocated annually to the programs that address homelessness. An additional $15,429 was allocated as part of the Substantial Amendment that was approved on April 18, 2023, which increased allocations for two subrecipients. The Kings/Tulare Homeless Alliance (KTHA) received $10,000 this program year to assist in resource fairs that link the individuals with services. The City also partners with Family Services of Tulare County with funds to help cover a case manager’s salary for 5 PSH beds in Porterville. The Tulare Housing First Permanent Supportive Housing Project (formerly known as Shelter plus Care) for the homeless received the remaining $25,429.

KTHA which serves as the local continuum of care, coordinates efforts amongst service providers, faithbased partners, governmental agencies and other key stakeholders. The City actively participates in the monthly meetings hosted by KTHA, such as the Community/Stakeholder meeting and Executive Meetings.

KTHA also hosts other monthly meetings such as the Case Management Roundtable.

Point In Time (PIT) - KTHA gathers data for the PIT census. The one-day survey provides a snapshot of the adults, children in households and unaccompanied youth living in the City of Porterville who meet HUD’s definition of homelessness. Information gathered through the PIT is used to understand the causes and trends over time of homelessness, as well as to determine the unmet shelter and service needs of the homeless. The 2023 PIT Report, published in June 2023 indicates 1,053 sheltered and unsheltered individuals were counted in Tulare County, of which 227 are unsheltered in Porterville and 72 are either in Emergency or Transitional Housing.

The Kings View PATH team and KTHA Housing Navigators conduct ongoing outreach to connect people who are least likely to access resources. In PY 2022, approximately 128 people experiencing homelessness were assessed for housing through street outreach efforts. Of the 128 people assessed, 25 people were referred for housing and 15 people were assisted with permanent housing.

In 2020 a street outreach team was started by Central California Family Crisis Center, called Homeless Outreach Program (HOP). A HOP team goes to the river bank where most of the homeless in Porterville reside and provides food, hygiene kits, and other needed items such as sleeping bags, and provides information on available resources to assist them in securing permanent housing. In 2022 the team went out 6 times and made contact with 231 individuals, approximately 38 individuals on each outing.

The City Council approved an allocation to the Porterville Police Department, to hire a social worker to work alongside a police officer to perform outreach to unsheltered individuals in the city. The program has started with great success. In program year 22-23 two hundred forty-one (241) individuals experiencing homelessness were contacted, referrals included: mental health services (101), housing services (15) and City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 14 substance abuse services (49). The officer performs outreach several days per week and coordinates with local agencies who provide services.

The City encourages homeless service providers to participate in the Coordinated Entry System (CES). This system utilizes the Vulnerability Index Service Prioritization Decision Assistance Tool (VI-SPDAT) to help prioritize assistance for those who have been homeless for long periods of time and have high service needs.

It also helps individuals by eliminating the need to submit multiple applications to multiple agencies. The CES, operated by KTHA, includes virtually all homeless service providers within the City of Porterville.

In addition to the Every Door Open approach, people experiencing homelessness can have an assessment completed by contacting 2-1-1.

Addressing the emergency shelter and transitional housing needs of homeless persons The programs listed in Table 8 provide emergency shelter and transitional housing for people experiencing homelessness within the City of Porterville.

The Housing and Disability Advocacy Program is designed to assist people who are experiencing homelessness and have a disabling condition, and are likely eligible for disability benefits, apply for disability benefits. Through the disability application process, HDAP provides housing supports. HDAP prioritizes individuals and families who are experiencing chronic homelessness or homelessness and rely most heavily on government-funded services. The definition of homeless has recently expanded to include individuals who are “At Risk of Homelessness” who are experiencing housing instability, such as individuals in “doubled-up households”, who are unable to stabilize their housing situation. Once approved for disability benefits, the individual is transitioned into permanent housing and out of the HDAP program.

While enrolled in HDAP, our Housing Navigator (CSET) works with the Coordinated Entry System and Housing Authority to attempt to get these individuals approved for a housing voucher so that once exited from HDAP, they have an ongoing housing subsidy that will assist them with housing supports to reduce the chances of falling back into homelessness. During FY 22/23, HDAP received a total of 51 new referrals and had a total of 115 individuals in the program who received disability assistance. HDAP assisted 27 clients/families with housing supports in addition to disability benefits The City agreed and partnered with Turning Point of Central California Inc. (TPOCC) to provide a $50,000 cash match to support the operation of a Navigation Center in Porterville. The site of the center was purchased by the City from the Porterville Unified School District and leased to TPOCC for $1/year. The Porterville Welcome Center (PWC) consists of 15 emergency shelter beds and 15 bridge housing beds that serve adults experiencing homelessness along with their partners and pets. During the FY 22/23, the program assisted 101 clients with shelter and an unduplicated count of 2,618 with other services and meals.

Three of the shelter beds are dedicated for transitional age youth, ages 18-24 who are experiencing homelessness, with access to bridge housing beds. In 22/23 there were 4 youth served. The program was able to house 18 clients into permanent housing, some using EHV vouchers. Program guests are provided space for storage of their possessions, allowed one dog on site, and offered services that are voluntary and include case management, housing locations, meals, life skills training, laundry, and linkages to community resources. Bridge housing beds are referred exclusively by the Coordinated Entry System. Emergency shelter beds can be self-referred by someone experiencing homelessness, through CES, or by another service provider.

The City also partners with KTHA by continuing to be part of the Porterville Local Initiative Navigation Center (LINC) committee, which began in June 2021. LINC serves as a mini-resource fair and is held twice City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 15 a month at the PWC. The committee will support the PWC and KTHA to facilitate connections to the services needing to be made available, volunteer at events, fundraise and provide ongoing planning and coordination of services that LINC may be missing. The intention of LINC is to connect persons experiencing homelessness with critical services, such as housing assistance, legal services, social services and access to mainstream benefits, and provide consumables and supplies. Some of the services provided are: connection to mainstream benefits through an HHSA eligibility worker, a drug and alcohol counselor, a social worker, notary services, vision services, literature, pet services, connection to government issued free phone programs and haircuts.

Table 8 – Emergency Shelter and Transitional Housing Programs in Portervil Program
Type Organization Name Program Name Year-Round
Beds
ES Central CA Family Crisis Center CCFCC Homeless Shelter 4 ES Central CA Family Crisis Center Porterville Shelter - DV 27; 6 cribs ES Central CA Family Crisis Center Porterville Shelter - HT 1 ES San Joaquin Valley Veterans Emergency Housing Assistance (EHA) 16 ES Kings View Porterville Navigation Center 30
TH Uplift Family Services Crossroads T.A.Y. Housing, Porterville 10 TH Central CA Family Crisis Center Women’s Transitional Housing Program 10 Helping low-income individuals and families avoid becoming homeless, especially extremely lowincome individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
Several community partners offer local residents services which are designed to help with housing retention.

Community residents can access up-to-date prevention resources by calling the local 2-1-1 line. Call center operators through 2-1-1 are able to pre-screen clients for eligibility and provide up-to-date information on program availability.

CalWorks eligible families are able to access housing assistance through the Housing Support Program and Bringing Families Home programs. These programs can assist with short term rental assistance and utility deposits for households faced with eviction. Data regarding the number of individuals served during the program year will be included if received prior to submittal to HUD.

Through a partnership between Tulare County HHSA and Uplift Families, there are 10 transitional housing beds available for youth exiting foster care. The program offers housing along with intensive wrap around services to assist participants in becoming self-sufficient.

The Alliance has an SSI/SSDI Advocacy, Outreach and Access (SOAR) program within the region. This national project is designed to increase access to the disability income benefit programs administered by the Social Security Administration (SSA) for eligible adults who are homeless or at risk of homelessness and have a mental illness and/or a co-occurring substance use disorder. Assisting clients through SOAR results in expeditious benefit awards and additional funding for communities through Medicaid City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 16 reimbursements. Access to these benefits greatly increases housing stability and retention rates among recipients. Tulare County HHSA has a dedicated SSI/SSDI Advocacy unit which served 502 households/individuals in PY 2022, of which 267 were new referrals.

These linkages have increased the community’s efforts to avoid discharge into homelessness as well as serve the existing homeless population.

In addition to the CDBG funding in support of PSH, the City has partnered with Turning Point of Central California (TPOCC) by providing a $15,000 cash match to fund supportive service costs associated with operating their 12 unit PSH project, Casa de Robles 3, in Porterville. This project provides housing to chronically homeless individuals. TPOCC provides supportive services that will allow participants to obtain and maintain permanent housing. During their time in the project, participants will meet with their case manager to develop an Individual Service Plan designed to address barriers related to obtaining and maintaining stable housing.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
KTHA continues to utilize the Landlord Mitigation Fund to increase the inventory of landlords and property managers willing to lease units to people experiencing homelessness. The fund is designed to incentivize Landlords to relax screening criteria for people who are experiencing homelessness and who may have barriers that prevent them from securing housing on their own, such as poor credit and past evictions. By offering a Fund to mitigate Landlord exposure to the increased costs of renting to people experiencing homelessness including excess damage and unpaid rent, a strong relationship can be created with Landlords who otherwise may not lease to individuals and families experiencing homelessness.

The Coordinated Entry System continues to focus efforts on working with the top 5 households of each intervention type on the Housing Priority List to get them document ready. This focus has reduced the amount of time that people spend on the streets waiting to be placed once a unit becomes available.

The City as a CDBG entitlement jurisdiction, is an eligible recipient of Permanent Local Housing Allocation (PLHA) funds, established by the Building Homes and Jobs Act (SB 2, 2017), and has been awarded $875,499 for Year 1 and year 2. The City Council adopted a 5 year plan for the use of those funds and will be using them for “Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing,” which is one of the eligible options for this funding. RFP’s were issued for both funding years and both have been awarded to two local non-profit homeless service providers across 5 different programs.

The City holds a representative seat on the Tulare County Task Force on Homelessness, which advises and assists the Tulare County Health & Human Services Agency in the Agency's efforts to address homelessness issues affecting the community. The taskforce meets monthly to identify, develop, and implement City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 17 innovative strategies, leading to an increase in service-delivery efficiency and an overall reduction of homelessness in Tulare County. The City assisted in the plan development of the Pathway Home Task Force Homeless Plan, which is a county-wide plan that established a set of goals tailored for Tulare County and provides a roadmap of how to address homelessness, based on local needs, strategies and tactics that work. Most recently a contributed to the development of the Tulare County Homeless Action Plan which was approved by the Tulare County Board of Supervisors on June 14, 2022 and subsequently submitted to the State which will help with qualifying with additional funding sources that address homelessness like the Homeless Housing, Assistance and Prevention (HHAP) Grant.

The City is aware of and in support of other agencies that also contribute to addressing and ending homelessness in Porterville. The City reaches out to those agencies when developing programs or applying for funding that can be used to address homelessness to address priority needs and gaps in services. Some examples of the agencies are, Emergency Shelter and Transitional Housing, Exit from Foster Care, Housing Retention, CalWorks, SSI/SSDI Advocacy.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 18 CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City does not use funds from the CDBG allocation to assist the Public Housing Agency. Public housing is facilitated by the Housing Authority of the County of Tulare (HATC), which provides ongoing maintenance and upkeep of publicly assisted housing units in Porterville. The HATC rehabilitates its own units, and has converted units necessary to serve persons with disabilities. The HATC continues to own and manage 111 units in the City of Porterville and projected an investment of $294,025 in Capital Fund improvements for its public housing stock in Porterville was projected for 2022-2023. 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. The City makes referrals to the agency when needed and open communication exists about new programs that become available.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
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 one tenant commissioners on the HATC Board. HATC has installed a Resident Counsel, which is made up of five residents from all of HUD funded programs. 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. HATC publishes a notice informing the Public of the hearing, HATC’s plan and all information relevant to the public hearing is made available for public inspection for at least 30 days, notices are provide to Public Housing Residents and is also posted on our website.

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

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. Effective collaboration between the agency and other public and nonprofit agencies is imperative to help promote homeownership among all of its tenants.

Additionally, the City has looked at ways to improve participation in the Homebuyer Education courses.

Changes to the program include increased outreach, partnership with a HUD Approved Counselor from a local non-profit, use of social media, offering a one-day weekend class, providing virtual classes to 76 households (105 individuals), and distribution of a textbook for class participants to take notes and keep as a resource. Staff also partnered with this same non-profit Agency to host a Pathways to Homeownership resource fair to provide access to information about the homebuying process as well as other information, and staff hosted a booth at this fair to provide information specifically about the City’s programs.

Flyers and informational materials are provided to Porterville Unified (PUSD) and Burton School (BSD) Districts to share on their respective social media accounts. PUSD has over 10,000 followers and BSD has 2,900. BSD also helps promote the programs by sharing the information through the district's app which reaches 6,780 individuals (parents and staff). .

Social media was used to promote the program twice monthly and to provide frequent homebuyer resource tool-kit posts on useful home ownership information via multi-departmental Facebook and Instagram City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 19 accounts with the following reach: Parks Department (4,406 followers), Public Library (7,825 followers) and Administration Department (4,670 followers).

Class registration social media posts by the Housing Department alone reached a total of 5,489 individuals; FTHB program posts reached 4,569 individuals; and rehab program social media posts reached 920 individuals.

Flyers for all programs were in the Chamber of Commerce E-newsletter which serves over 900 individuals and were shared with 1,954 individuals at in person events that include the local fair, resource, and job and literacy fairs. FTHB program flyers were made available to the Housing Authority to share with their existing clients; provided to local resource centers for low-income families that serve approximately 50 individuals daily; and shared at all community meetings, which in turn shared the flyer out to their distribution lists.

Lenders received updated flyers via email when HUD provided new income guidelines and max purchase price updates. These flyers were also placed at the front counter along with the most current lender list.

Staff has also made efforts to give presentations to local organizations serving low-income families and the real estate community and provided information about the programs in an effort to obtain referrals.

Actions taken to provide assistance to troubled PHAs
Tulare County’s Housing Authority is not a troubled PHA.

CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i)
This section summarizes other actions contained in the Consolidated Plan and Action Plan. These actions specifically address obstacles to meet underserved needs, foster and maintain affordable housing, eliminate barriers to affordable housing, overcome gaps in institutional structures and enhance coordination, improve public housing and resident initiatives, evaluate and reduce lead based paint hazards, ensure compliance with program and comprehensive planning requirements, and reduce the number of persons living below the poverty level. In Fiscal Years 2015 and 2016, several annexations took place throughout the City. At its meeting on October 15, 2019, the Porterville City Council approved proceeding with the issuance and sale of revenue bonds to facilitate the extension of sewer main infrastructure to serve annexed areas that are lacking infrastructure. The sewer lines have been completed and the contractors are currently completing the street patching and clean-up.

As stated earlier in this report, the City of Porterville fosters and strives to maintain affordable housing and eliminate barriers to affordable housing through its various programs and policies. Governmental constraints to the production of housing are minimal in Porterville. The City’s land use regulations, expedited permit processing, and low development fees serve to encourage the construction of low-cost dwelling units. The City conducts a self-evaluation to evaluate its zoning ordinance and general plan policies to ensure no undue hardship is created in the development of low to moderate-income housing.

The City has contracted with a consultant to update the Development Ordinance and remove any barriers City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 20 to low-income housing using REAP 1.0 funding.

As indicated in the City’s Consolidated Plan, a considerable number of affordable housing units exist in Porterville. City ordinances and policies are relatively liberal regarding provision of affordable housing.

Land, labor, construction, and material costs are relatively low when compared to most other areas in the state. The City has ample land currently zoned to meet low to moderate income, new, single family and multi-family housing needs for a 20-year period as indicated in the 2015-2024 adopted Housing Element of the General Plan that was certified by the State. The City has rezoned more acreage to higher densities to provide even more opportunities for affordable housing development.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City addressed the issue of affordable housing being accessible in almost every area of the community with the establishment and timely expansion of its Fixed Route public transportation system. Starting in April of 2020, transPORT, a micro transit service, started operation providing an additional and expanded mode of service to the community. This service replicates other on-demand private rideshare services at a more affordable rate.

During FY 22/23, to help recovery ridership Porterville Transit has offered free fares on both fixed routes and complementary paratransit starting July 2021 and ended October 2022. Annual statistics for the services include the following: Fixed Route provided 235,793 passenger trips; Complementary Paratransit (Dial-ARide) provided 5,070 passengers trips, seniors and ADA-certified riders; and On-Demand (transPORT) provided 38,581 passenger trips.

The current transit fleet consists of 10 battery-electric transit buses, 12 battery-electric vans, 14 CNG (Compressed Natural Gas) transit buses, 3 CNG cutaway buses, and 9 gasoline minivans, making the transit fleet compliant with the California Air Resources Board (CARB) regulations.

Using funds from the SB2 Local Planning Grant program, the City has hired a consultant to prepare preapproved construction-ready plans for both Accessory Dwelling Units and multi-family residential units.

Staff has instructed the consultant to prepare three (3) plan sets for ADUs ranging from studio (525 sf) to two-bedroom units (806 sf). The multi-family residential plans will range from duplex to four-plex designs with a variety of unit types, from studio style (420 sf) to three-bedroom units (1357 sf). Overall, the City will receive eleven (11) plan sets for public use. Staff expects to receive the plans by the end of the year, with public launch to follow soon after. The City has partnered with Self-Help Enterprises (SHE) to offer applicants private financing for ADUs through SHE's loan program.

Staff continues to monitor all of the City/Agency assisted affordable housing projects to ensure that they are meeting the conditions of the regulatory agreements. The monitoring has now been the responsibility of the Porterville Housing Authority. The City continues to keep an open communication with several affordable housing developers to encourage this type of development.

As mentioned in previous CAPERs, a developer has secured a site and full construction funding, including state funding from the No Place Like Home program to build permanent housing for low-income families and housing for those experiencing homelessness. They continue to move forward with the proposed 80 new units, with onsite wraparound services and case management to help the residents with other needs they may have. The City is in support of the project and in communication with them on their progress. The project is currently under construction and on schedule to be completed by December of 2022.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 21 These efforts, in conjunction with the City’s first time homebuyer programs and other housing programs, have made progress toward the goal of eliminating barriers to affordable housing.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Tulare County Health Department conducts follow-up investigations on documented incidents of childhood lead poisoning and implemented eradication action as required by law. Porterville does not directly undertake lead-based paint eradication unless such action is required in conjunction with CDBG/HOME/CalHome funded, owner-occupied housing rehabilitation projects. There was one (1) rehabilitation loan funded in 22-23. City staff provides brochures and informational leaflets on lead-based paint hazards to first-time homebuyers as part of the homebuyer education curriculum, and at the counter for the public.

Since 2005, the City’s Owner Occupied Housing Rehabilitation Loan Program Guidelines requires that homes built before 1978 be eligible for funding assistance by complying with all the federal lead-based paint regulations including conducting on site lead-based paint assessments and pursuing mitigation where necessary. As part of this program, up to $10,000 of the $40,000 in assistance can be allocated to lead testing and abatement as a grant.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Porterville pursues a very aggressive Economic Development Program on an ongoing basis. These efforts reduce poverty by creating or retaining jobs specifically targeted to benefit low-income individuals and can be seen through the CDBG funded Business Assistance Loan Program, which provides financial assistance to property owners, or long-term tenants, to improve their properties. Assistance is targeted toward improving commercial and industrial districts where it’s apparent that the potential for decline of the general condition of the building stock may occur now or in the future. An amortized loan facilitates the improvement of the structures. The highest priority is given to buildings that do not meet basic City building standards, and those buildings functionally obsolete and requiring rehabilitation to remain financially viable. Eligible applicants include owner, developer, or lessee of any commercial, commercial/residential, industrial, and professional office structures, including nonprofit agencies and for-profit businesses.

Priority for funding is given to an applicant that is an owner of, or in the process of purchasing, the property or evidence of a signed long-term lease. Priority is also assigned on the ability to generate direct employment opportunities for low/moderate income persons according to a minimum ratio of one full-time equivalent job per $35,000 of CDBG assistance. During FY 2022/23, Porterville issued one (1) forgivable business loan through the CDBG-CV Economic Development program.

One (1) of the City’s low income households benefited from the purchase of a home under the City’s FirstTime Homebuyer programs, and was funded with CalHome funds.

In FY 2022/2023, the City continued to promote the Voluntary Income Tax Assistance Program (VITA) that has been active in Porterville since 2006. VITA is promoted at the First Time Homebuyer Workshops every month, a flyer is posted in City Hall and one is mailed to current families who have a loan with the City for one of the CDBG, HOME or CalHome programs in January of each year.

VITA is a national program providing free assistance to low- and moderate- income, elderly, limited English proficient and disabled individuals who require assistance in preparing their tax returns and cannot City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 22 afford the services of a paid professional tax preparer. Community Services & Employment Inc. (CSET) provides this program with the assistance of IRS-certified volunteers.

Combined with the Earned Income Tax Credit (EITC) outreach, the services provided by VITA in a lowincome community can have a tremendous impact in income tax refunds received. In 2023, 472 families were assisted in the Porterville location. This generated $675,483 in Federal Income Tax refunds for those families, and $186,449 in State refunds for a combined total of $861,932. The Federal Earned Income Credit portion was $329,500.

This year, with the help of dedicated retired local residents and committed high school youth, CSET had the availability of both in-person and "drop-off" tax preparation services. Taxpayers were able to download the form or go to the Porterville office to pick them up, drop off completed forms with backup documentation, and return to the office to review, sign, and pick up tax documents.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) Each public and private agency has unique capabilities for providing assistance to persons with unmet needs. It is the City’s intent to examine its own capabilities as well as the capabilities of others. This effort serves to identify areas that are lacking service components. If service components are identified and lacking, then the City can work with itself or other agencies to develop the capabilities for addressing such areas. This method of networking also establishes and identifies specific service providers. Referrals to other agencies can then be conducted. Referrals may be anonymous and are always confidential.

The City of Porterville works with local for profit and nonprofit organizations as well as the Tulare County Housing Authority and the offices of the County of Tulare. The 211 system developed by United Way of Kings/Tulare County serves to enhance coordination. This Community Resource tool is continually updated. It provides a listing of Homeless Shelters, Senior Housing, Housing for Persons with Disabilities, Housing for Farm Laborers, and many other supportive services.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
Public housing is facilitated by the Housing Authority of the County of Tulare (HATC). The HATC rehabilitates its own units, and has converted units necessary to serve persons with disabilities. As mentioned in other sections of this document, the City does work collaboratively with many agencies as well as assists residents by directing them to appropriate agencies based on their needs and services they require.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Please see Attachment 1 which addresses the adopted Analysis of Impediments to Fair Housing Choice (commonly known as “the AI”), including a summary of impediments identified in the analysis, and actions taken to overcome the effects of impediments identified through the analysis. This is the third year of review utilizing the AI in the adopted 2020 Five Year Consolidated Plan.

CR-40 - Monitoring 91.220 and 91.230
City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 23 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City of Porterville ensures compliance with program requirements of all HUD related activities by utilizing various types of monitoring standards which include, but are not limited to: review of financial and performance reports submitted by the subrecipient, performing on-site visits to review financial and programmatic records and observe operations, and regular contact and appropriate inquiries concerning program activities. Monitoring is an ongoing process of reviewing performance using sub-recipient data to make judgments about sub-recipient performance, and to assist in improving that performance. The City conducted a on-site monitoring of KTHA (LINC Services) and FSTC (Case Management for PSH) in 2022 and there were no findings during the monitoring of Program Year 2021. On-site monitoring for PY 2022 is scheduled to take place in the fall of 2023. In addition, the City ensures self-monitoring of its programs and cooperation for monitoring conducted by HUD personnel. The City has incorporated the necessary framework in order to comply with the Outcome Performance Measurement System required by HUD. This is an organized process for gathering information to determine how well programs and activities are meeting established needs and goals. HUD is then able to report in a standardized fashion on program outcomes at a national level. Additionally, City staff presents to service and business groups throughout the city including minority groups to ensure the programs are made available to all businesses.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

CAPER DEVELOPMENT AND CITIZEN PARTICIPATION PROCESS
Prior to submitting the CAPER to HUD, a notice soliciting public comment is published in the Porterville Recorder in English and in the Noticiero Semanal in Spanish. Publication of the notice allows for a 15-day comment period plus time to prepare a summary of comments and includes a link to where the document can be reviewed electronically and in hardcopy format. A copy of the Notice of Public Review is posted on the City’s website and available at the City Hall public counter, 291 N Main Street.

Copies of the CAPER are provided for the public’s review at the City Hall Community Development Department’s counter and on the City’s website, www.ci.porterville.ca.us. The Choose Porterville Facebook and Instagram pages are also used to inform the community of the Draft CAPER availability for review, as are other departmental social media accounts. Any person can also contact the City, in order to make other arrangements if they are not able access the CAPER at those locations.

The CAPER requires one hearing before City Council for document approval before submitting to HUD. Community hearings are held in a community space with consideration for the convenience to beneficiaries of the entitlement program resources.

The City Council public hearing is held at City Hall Council Chambers located at 291 N. Main Street, Porterville, CA 93257. In an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allows for electronic public participation at this meeting via Zoom link made available on the City’s website at time of agenda publication, and the meeting is also live streamed on the City’s YouTube Channel, www.youtube.com/channel/ UC5KuhSrNMNL9nwHJVtnJvvA. Public City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 24 comments may be submitted electronically to [email protected] prior to 5:00 p.m. on the public hearing date. Listening devices, interpretation services, and other assistance to disabled persons or those with limited English proficiency (LEP) are available to be provided upon request, ranging up to fivebusiness days prior notification to the City Clerk. Request for disability-related modifications or accommodations required to facilitate meeting participation, including requests for auxiliary aids, services or interpreters, require different lead times, ranging up to five business days. For this reason, it is important to provide as much advance notice as possible to ensure availability. Assistive Listening Devices (ALDs) are available upon request.

Following the public hearing, at the conclusion of the comment period, staff will provide a summary of comments received (if any), outreach statistics and public hearing attendance in this section.

CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City continues to review its programs and guidelines. The City strives to be able to assist as many households as possible, so staff is constantly monitoring the market conditions to make changes in the program guidelines as necessary. Additionally, if there is a need that was not previously identified and it comes to the City’s attention, this may also be a reason for needed changes in program objectives. One example of this is the transition from in person to online classes for the Homebuyer Education Program, in order to adhere to the social distancing mandates caused by the Coronavirus pandemic. Post pandemic, online classes are still offered periodically to accommodate individuals who find attending online classes more convenient.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

Not applicable
CR-58 – Section 3
The City had no accomplishments associated with an activity that was subject to Section 3.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 25 Attachment 1
Response to CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a)
While the adopted Analysis of Impediments to Fair Housing Choice (“AI”) identifies a number of potential issues, certain issues are beyond the ability of a local jurisdiction to address, such as those related to lending practices. The following list identifies new and ongoing recommendations identified in the analysis to reduce impediments to fair housing choice, actions taken to address each item during the last program year, and the impacts of those actions. This is the third year of review utilizing the AI in the adopted 2020 Five Year Consolidated Plan.

Expanding Affordable Housing Opportunities

The City’s First Time Homebuyer Assistance Program helps to mitigate one of the single largest barriers to obtaining affordable housing, which is down payment assistance. The program offers gap-financing, down payment assistance and closing costs in the form of a 30-year deferred second mortgage 1% simple interest loan of a max of 35% of the purchase price of the home. Additionally, the Housing Rehabilitation and Public Utilities Program provides 0% interest, 30-year deferred loans to rehabilitate low and moderate income households, which helps to keep the people in their homes by addressing health and safety issues.

ADA Exterior Wheelchair RAMP Accessibility Grant Program helps owner-occupied households who have individuals with disabilities and/or elderly (62 or older) family members, with a grant of up to $10,000 to make their homes easily accessible with the installation of an exterior wheelchair ramp.

As previously mentioned, the City developed and administered virtual homebuyer education classes during the pandemic (to accommodate for Covid-19 restrictions), which take place on a Saturday each month, alternating in English and Spanish. Benefits of the transition to virtual classes included flexibility for participants, who could attend from any location and it addressed a previously known barrier to attendance, the need for childcare. For this reason, the City offers both in person and virtual classes to encourage participation in the program. Accommodations for participation of LEP and persons with hearing impairments are made available. The City will continue advertising the classes and programs on the City’s website, multi-departmental social media accounts, via community partners and at community outreach events.

Expanding Access to Information
The City’s new website, which launched in September of 2021, includes links to the same valuable information, but in a more accessible format. Links include: the fair housing service provider, the Fannie Mae Foundation that offers free guides and resources for first time homebuyers in English, Spanish and other languages, California Department of Fair Employment and Housing, California Association of Realtors, the U.S. Department of Housing and Urban Development (HUD), Central California Legal Services Inc. (CCLS), Fair Housing Council of Central California, California Department of Housing and Community Development (HCD), California Housing Finance Agency (CAlHFA), California Tax Credit Allocation Committee (CTCAC), U.S Census Bureau, HUD Foreclosure/Housing Counseling.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 26 Additionally, there are links for the Porterville Housing Authority’s map and data as well as their annual report.

Evaluate Public Policies and Program
The City is currently in the process of a Development Ordinance update, a Public Health and Safety Element update, and preparation of an Environmental Justice Element for the 2030 General Plan to help remove any barriers to low-income housing and become a more pro-housing friendly jurisdiction.

Currently, most residential zones allow for alternative housing types, including manufactured homes, Accessory Dwelling Units (ADU), and group homes. As mentioned, the City has adopted pre-approved construction-ready plans for both ADUs and multi-family residential dwelling units. The City has eleven (11) plan sets for public use and has partnered with Self-Help Enterprises to offer applicants private financing for ADUs.

The City has used millions of dollars of Certificates of Participation, bond funds, and other State and Federal grants and loans to provide new wells, major sewer and water trunk connections, expansion of the Wastewater Treatment Facility and street improvements to accommodate residential growth, and ensure maintenance of affordable housing.

The City has continued to pursue affordable housing development. Even though the City does not have many financial resources to directly assist a project, staff is more than willing to promote affordable housing to developers, work with developers to secure any other state, federal, or other funding that might be available for affordable housing projects. An example being the 80 new units of permanent housing for low income families and housing for those experiencing homelessness, which was completed in March of 2023 and is now at capacity. The project experienced a $750,000 funding gap that was due to the shortage of construction supplies experienced nationwide that caused a hike in the prices and left the project with a $750,000 funding gap. The City provided a $250,000 ARPA grant to help with the cost and recommended that the county also provide $500,000 of their ARPA funds for this project.

A second development is a sixty-eight (68) unit apartment complex for low-income families with a community center and garden. It is generally located at the southwest corner of State Route 65 and W.

Pioneer Avenue. The multi-family units consist of various sizes ranging from 486 square feet to 800 square feet, establishing affordable rental restrictions on sixty-eight (68) units for a period of fifty-five (55) years with one unit being reserved for on-site manager. Construction began in April 2022 and is scheduled to open in October of 2023.

In pursuing all of these programs, the City is making more land and housing available for low-income households.

Outreach to Lenders
The City will continue to work with local lenders and government institutions to provide outreach to lower income residents about home purchase loans particularly for first-time homebuyers. The City will encourage local lenders to provide information and hold workshops in both English and Spanish. This outreach to lenders results in more low-income persons participating in the Homebuyer Education Program and becoming applicants for funding assistance. The increase in communication makes for smoother City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 27 processing of the loan applications. Training was provided to all participating Lenders and the goal is to make training available at least once a year for existing and new Lenders.

The City has partnered with a HUD approved housing counseling agency (Community Services Employment Training, Inc.) to provide the homebuyer education; this agreement was entered prior to the new HUD mandate. The foreclosure education and referral process certainly has had a positive impact on helping homeowners that were facing foreclosure with options that could prevent foreclosure and provide the public with important housing information.

Affirmative Outreach to Applicants and Participants
The City will continue to collect the race, ethnicity, national origin, and disability data, as well as gender of head of householders, for applicants, participants and beneficiaries of funded programs to determine if there are any under-represented protected class groups. Staff will analyze the data on an annual basis and adjust outreach strategies as needed. Additionally, the City will continue to conduct outreach at community events and via community partners who serve low- to moderate- income households and LEP clients, providing materials in both English and Spanish.

Fair Housing Services
Porterville cooperates with federal, state, and regional agencies to promote open housing choice and equal housing opportunity. Depending on the nature of the complaints, the City of Porterville currently refers complaints regarding housing discrimination to the Fair Housing Council of Central California, Legal Aid of Central California, California Rural Legal Aid, Fresno County Housing Authority (Fair Housing Unit), and State Department of Fair Employment and Housing. The City has entered into an agreement with CSET for the provision of Fair Housing education for Porterville residents.

In FY 2022/23, the City received zero fair housing complaints; therefore, no referrals were directed to HUD or DFEH.

This year, in partnership with CSET, the City held its annual Housing Fair in June of 2022, which offered housing services in one central location, so that anyone in the community needing information on becoming a homebuyer or the process of home buying could have all the people involved in the process in one location. Additionally, service agencies were available to provide free legal advice on renter and homeowner rights, Housing Counseling, Section 8 program information, Employment Services, Domestic violence and Homeless programs. City inspectors and City Planners were also available to answer questions pertaining to zoning, building code, permits and other questions. Whenever the City has a booth at community events promoting housing programs, fair housing information is provided in both English and Spanish.

As previously discussed in CR-05, the City also allocates entitlement funds for the provision of Fair Housing education services.

The City feels that the above review of the strategies used in overcoming or eliminating the effects of impediments to fair housing choice demonstrates that the City made progress over the year in meeting the strategies developed in the AI.

City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 28 Attachment 2 Public Notices
City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 29 City of Porterville CDBG FY 22-23 Consolidated Annual Performance Evaluation Report 30 Attachment 3 PR-26 & Explanation of Adjustments
(Will be attached to final document)
Item No. 17.

CITY COUNCIL AGENDA – SEPTEMBER 5, 2023
SUBJECT: Consideration to Establish Solid Waste Rates
SOURCE: Public Works
COMMENT: At its meeting on August 29, 2023, R3 Consulting Group LLC (R3) presented the City Council with findings from the Solid Waste Financial Plan (SWFP) completed in February 2023. In the SWFP Summary Findings, the City’s solid waste rates have not been increased since 2006 and are among the lowest, if not the lowest, in the region. Those rates, however, are not sufficient to support the Division’s current operations as budget shortfalls were projected for multiple fiscal year impacts. In addition, significant additional revenues are needed to replace vehicles that are past their planned replacement date; fund capital improvement costs for the Division’s recycling, green waste transfer stations, and administration maintenance facilities; improve the Division’s operations and supporting resources to bring them in line with industry standards; comply with SB 1383; and maintain prudent operating reserves.

To meet those financial needs, a rate increase in the order of fifty percent (50%) is projected to be required. Even with the proposed increase, the City’s residential rate would still be lower than the average rate of the various jurisdictions in the region. As presented, additional revenues will be needed for vehicle replacement, fund capital improvement costs, improve operations and supporting resources to meet industry standards, comply with SB 1383, and maintain prudent operating reserves. While significant rate increases are projected to be required, the City’s residential and commercial rates would be well within the range of rates in the region even with a fifty percent (50%) rate increase. R3 provided the following four scenarios for the Council’s consideration:

Scenario 1: This scenario maintains the existing rate structure. In this scenario, rates are not sufficient to support the Division’s current operations as a budget shortfall of approximately $145,000 (2%) is projected for fiscal year (FY) 22-

23. The cumulative five-year rate will be increased by 0%.

Scenario 2: This scenario would increase the rates by 50% effective January 1, 2024, followed by 5% rate increases in each of the following four years. The five-year cumulative rate increase is 82%.

Scenario 3: This scenario would increase the rates by 30% effective January 1, 2024, followed by a 25% rate increase on January 1, 2025, followed by 5% rate increases each of the following three years. The five-year cumulative rate increase is 88%.

Item No. 17.

Scenario 4: This scenario would increase the rates by 25% effective January 1, 2024, followed by a 25% rate increase on January 1, 2025, followed by a 10% rate increase on January 1, 2026, followed by a 5% rate increase in each of the following two years. The five-year cumulative rate increase is 89%.

At the conclusion of the presentation, the Council requested City staff to bring back the item for further evaluation of Scenario 2 and 3. In addition, the Council requested that staff provide Scenario 5, which evaluates a one-time rate increase of 56% with no scheduled increase in the subsequent five-year period.

RECOMMENDATION: That the City Council:

1. Evaluate the Solid Waste Study Report completed by R3 Consulting Group and;

2. Provide staff with direction on the scenario to be selected for implementing Proposition 218 notification for Solid Waste rate increase.

ATTACHMENTS: 1. Rate Scenario Options

2. Solid Waste Rate Study and Financial Plan
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28
Rate Adjustment 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0%
FYE Operating Reserves $ 710,905 $ (2,323,011) $ (5,796,390) $ (9,731,206) $ (14,150,530) $ (19,078,588) Percent of Expenditures 10% -29% -65% -103% -143% -179% FYE Other Reserves $ 4,667,941 $ 1,878,261 $ 1,088,091 $ 911,851 $ 121,433 $ 1,028,213 Residential Rate $ 17.85 $ 17.85 $ 17.85 $ 17.85 $ 17.85 $ 17.85 Average Regional Rate $ 27.81
FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28
Rate Adjustment 0.0% 50.0% 5.0% 5.0% 5.0% 5.0% 82%
FYE Operating Reserves $ 710,905 $ 944,274 $ 1,228,273 $ 1,565,432 $ 1,958,410 $ 2,409,998 Percent of Expenditures 11% 10% 12% 15% 18% 21%
FYE Other Reserves $ 4,667,941 $ 1,878,261 $ 1,088,091 $ 911,851 $ 121,433 $ 1,028,213 Residential Rate $ 17.85 $ 26.78 $ 28.11 $ 29.52 $ 31.00 $ 32.55 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28
Rate Adjustment 0.0% 30.0% 25.0% 5.0% 5.0% 5.0% 88%
FYE Operating Reserves $ 710,905 $ (362,640) $ 248,087 $ 928,311 $ 1,681,508 $ 2,511,325 Percent of Expenditures 11% -4% 2% 9% 15% 22%
FYE Other Reserves $ 4,667,941 $ 1,878,261 $ 1,088,091 $ 911,851 $ 121,433 $ 1,028,213 Residential Rate $ 17.85 $ 23.21 $ 29.01 $ 30.46 $ 31.98 $ 33.58 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28
Rate Adjustment 0.0% 25.0% 25.0% 10.0% 5.0% 5.0% 89%
FYE Operating Reserves $ 710,905 $ (689,368) $ (487,052) $ 274,854 $ 1,113,817 $ 2,033,688 Percent of Expenditures 11% -7% -5% 3% 10% 18%
FYE Other Reserves $ 4,667,941 $ 1,878,261 $ 1,088,091 $ 911,851 $ 121,433 $ 1,028,213 Residential Rate $ 17.85 $ 22.31 $ 27.89 $ 30.68 $ 32.21 $ 33.82 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28
Rate Adjustment 0.0% 56.0% 5.0% 5.0% 5.0% 5.0% 90%
FYE Operating Reserves $ 710,905 $ 1,336,348 $ 2,032,025 $ 2,801,446 $ 3,648,299 $ 4,576,455 Percent of Expenditures 11% 14% 20% 27% 33% 40%
FYE Other Reserves $ 4,667,941 $ 1,878,261 $ 1,088,091 $ 911,851 $ 121,433 $ 1,028,213 Residential Rate $ 17.85 $ 27.85 $ 29.24 $ 30.70 $ 32.24 $ 33.85 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28
Rate Adjustment 0.0% 56.0% 0.0% 5.0% 5.0% 5.0% 81%
FYE Operating Reserves $ 710,905 $ 1,336,348 $ 1,522,328 $ 1,756,568 $ 2,041,481 $ 2,379,600 Percent of Expenditures 11% 14% 15% 17% 19% 21%
FYE Other Reserves $ 4,667,941 $ 1,878,261 $ 1,088,091 $ 911,851 $ 121,433 $ 1,028,213 Residential Rate $ 17.85 $ 27.85 $ 27.85 $ 29.24 $ 30.70 $ 32.24 FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28
Rate Adjustment 0.0% 56.0% 0.0% 0.0% 0.0% 0.0% 56%
FYE Operating Reserves $ 710,905 $ 1,336,348 $ 1,522,328 $ 1,246,872 $ 486,907 $ (781,792) Percent of Expenditures 11% 14% 15% 12% 4% -7%
FYE Other Reserves $ 4,667,941 $ 1,878,261 $ 1,088,091 $ 911,851 $ 121,433 $ 1,028,213 Residential Rate $ 17.85 $ 27.85 $ 27.85 $ 27.85 $ 27.85 $ 27.85 Scenario 7 Cumulative Rate
Increase
Scenario 1 Cumulative Rate
Increase
Scenario 2 Cumulative Rate
Increase
Scenario 3 Cumulative Rate
Increase
Scenario 4 Cumulative Rate
Increase
Scenario 5 Cumulative Rate
Increase
Scenario 6 Cumulative Rate
Increase

SUBMITTED TO:

City of Porterville, CA
February 18, 2023
Final Report:

Solid Waste Rate Study and Financial Plan
Pages Printed on 100% Post-Consumer Recycled Content Paper

Table of
Contents
City of Porterville, CA | SOLID WASTE RATE STUDY AND FINANCIAL PLAN| Final Report TOC - i
Table of Contents
1 Introduction .................................................................................. 1 2 Objectives ............................................ ……………………………………….1 3 Summary Findings ......................................................................... 2 4 Related Issues ............................................................................... 2 Solid Waste Collection System Operational Review ............................ 2 Privatization / Outsourcing Analysis .................................................... 4 Recommended Approach Going Forward ........................................... 5 5 Detailed Findings ................................. ……………………………………….5 6 Rate Model Design .. ……………………………………………………………………9
7 Rate Adjustment Scenarios ......................................................... 11 8 Rate Survey ................................................................................. 12 Tables
1 High Level Cost Estimates - Operational Improvements ................................. 8 2 High Level Cost Estimates - SB 1383 Compliance ............................................ 9 3 Summary Rate Adjustment Scenarios ........................................................... 12 4 Residential Rate Survey 50% Rate Increase ................................................... 13 Attachments
1 Scenario #1 - No Rate Adjustment
2 Scenario #2 - 7/1/23 50% + 5% annually thereafter
3 Scenario #3 - 7/1/23 30% + 7/1/24 25% + 5% annually thereafter 4 Scenario #4 - 7/1/23 25% + 7/1/24 25% + 7/1/25 10% + 5% annually thereafter
5 Commercial Rate Survey 50% Rate Increase
Table of
Contents
City of Porterville, CA | SOLID WASTE RATE STUDY AND FINANCIAL PLAN| Final Report TOC - ii
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Rate Study
and Financial
Plan
City of Porterville, CA | SOLID WASTE RATE STUDY AND FINANCIAL PLAN| Final Report