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09-27-2021 CC Agenda Packet1.CALL TO ORDER 2.ROLL CALL 3.OPEN AGENDA - PUBLIC COMMENT WELCOME This is the appropriate time for members of the public to make comments regarding the items on the consent calendar or items not listed on this agenda. Pursuant to the Brown Act, no action will take place on any items not on the agenda. 4.CONSENT CALENDAR Matters which may be acted upon by the City Council in a single motion. Any Councilmember may request removal of any item from the Consent Calendar causing it to be considered under Council Actions. 4.A.REGULAR MEETING MINUTES OF SEPTEMBER 13, 2021. RECOMMENDATION: Approve as presented. 4.B.PAYMENT OF BILLS. RECOMMENDATION: Approve as presented. NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 AGENDA Regular City Council Meeting CITY COUNCIL Monday, September 27, 2021 CITY OF ROLLING HILLS 7:00 PM The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s website. Both the agenda and the live-streamed video can be found here: https://www.rolling-hills.org/government/agenda/index.php Members of the public may submit written comments in real-time by emailing the City Clerk’s office at cityclerk@cityofrh.net. Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information that you do not want to be published. Recordings to City Council meetings can be found here: https://cms5.revize.com/revize/rollinghillsca/government/agenda/index.php Next Resolution No. 1287 Next Ordinance No. 372 PLEDGE OF ALLEGIANCE 9.13.2021_CCMinutes.P.docx 1 4.C.REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR AUGUST 2021. RECOMMENDATION: Approve as presented. 5.COMMISSION ITEMS 5.A.ZONING CASE NO. 21-03: 8 QUAIL RIDGE ROAD NORTH: REQUEST FOR 1) VARIANCE FOR THE ENCLOSURE OF AN EXISTING FRONT PORCH (30 SQUARE FEET) THAT PARTIALLY ENCROACHES INTO THE FRONT SETBACK;Â 2) VARIANCE TO EXCEED THE MAXIMUM 30% BUILDING PAD COVERAGE BY 3.36%; 3) CONDITIONAL USE PERMIT FOR A 2,780 S.F. STABLE; 4) SITE PLAN REVIEW FOR 1,070 C.Y. OF GRADING; AND 4) SITE PLAN REVIEW FOR WALLS TO EXCEED THE 3-FOOT MAXIMUM HEIGHT LOCATED AT 8 QUAIL RIDGE ROAD NORTH, ROLLING HILLS, CA 90274 (LOT 106-A-RH), (MANQUEN). RECOMMENDATION: Receive and file. 6.PUBLIC HEARINGS NONE. 7.OLD BUSINESS 7.A.CONSIDER ACCORDION STYLE DOOR AND WINDOWS FOR LAYOUT OPTION 1 FOR THE CITY HALL ADA IMPROVEMENTS PROJECT TO EXPAND THE USABLE FRONT LOBBY SPACE AND PROVIDE DIRECTION TO STAFF. RECOMMENDATION: Review additional data for the project and provide direction to staff. 8.NEW BUSINESS 8.A.PRESENTATION FROM SOUTHERN CALIFORNIA EDISON ON INFORMATION IN THE ANNUAL RELIABILITY REPORT AND UPCOMING IMPROVEMENT PROJECTS. RECOM MENDATION: Receive and file a presentation from Southern California Edison, and pose questions, if any, to the utility company on the presentation. 2021-09-23_PaymentofBills.pdf 0821 - Rolling Hills YTD Tonnage Report.pdf 8_Quail_Ridge__Civil_and_Arch_Planning_Commission_Set_2021.08.11_v1.pdf 2021-13.PC_RESOLUTION_8_Quail_Ridge_Road_North_Manquen (1).docx Development_Proposal_Table.8_Quail_Ridge_Road_North_08.17.21 (5).pdf Letter_to_Rolling_Hills_Goldberg_Kim.pdf Letter_to_Rolling_Hills_Lynch.pdf Vicinity Map 1.pdf Vicinty Map 2.pdf 2020_rolling hills city hall _option1_202006008 Layout1 (1).pdf 2020_rolling hills city hall _option2_202006008d Layout1 (1).pdf 20210707_option 1_alt Layout1 (1)_with dims.pdf OPTION 1B.pdf Sample Accordion Doors.pdf RollingHillsReliabilityReport2021.pdf 2 8.B.PRESENTATION FROM KOSMONT TRANSACTION SERVICES ON POTENTIAL FINANCING OPTIONS FOR FUNDING CAPITAL IMPROVEMENT PROJECTS. R ECOMM ENDATION: Review presentation on financing options for the City's capital improvement projects and provide direction to staff. 8.C.RECEIVE AND FILE A REPORT UPDATE ON THE CAL OES GRANT PROJECT CREST ROAD EAST UNDERGROUNDING PROJECT RECOMMENDATION: Receive and File 8.D.PSA WITH MNS CONSULTING TO APPLY FOR GRANTS FOR THE CONSTRUCTION OF THE SEWER MAIN PROJECT. RECOMMENDATION: Approve as presented. 9.MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS NONE. 10.MATTERS FROM STAFF NONE. 11.CLOSED SESSION 11.A.EMPLOYEE PERFORMANCE EVALUATION GOVERNMENT CODE SECTION 54957 TITLE CITY MANAGER. RECOMMENDATION: Review Performance Evaluation for City Manager. 12.ADJOURNMENT Next regular meeting: Monday, October 11, 2021 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274. Rolling Hills CIP Presentation 20210927 vF.pdf Exhibit A - Underground Utility District Limits Exhibit_Parcels_V1.pdf CWSRF Graphic.pdf CWSRF Application Proposal - CIROH (Final).pdf MNS Grant Writing SOQ (Rev. 4-13-21).pdf PSA with MNS Engineers, Inc for 8-inch Sewer Project.docx Exhibits.pdf Notice: Public Comment is welcome on any item prior to City Council action on the item. Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 3 Agenda Item No.: 4.A Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:REGULAR MEETING MINUTES OF SEPTEMBER 13, 2021. DATE:September 27, 2021 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: 9.13.2021_CCMinutes.P.docx 4 Minutes 1 City Council Regular Meeting September 13, 2021 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA MONDAY, SEPTEMBER 13, 2021 1. CALL TO ORDER The City Council of the City of Rolling Hills met in person on the above date at 7:02 p.m. Mayor Bea Dieringer presiding. 2. ROLL CALL Present:Mayor Dieringer, Mayor Pro Tem Black, Pieper, Mirsch, and Wilson Absent:None. Staff Present: Elaine Jeng, City Manager Meredith T. Elguira, Planning and Community Services Director Ashford Ball, Senior Management Analyst Jane Abzug, City Attorney PLEDGE OF ALLEGIANCE BY COUNCILMEMBER WILSON. 3. OPEN AGENDA - PUBLIC COMMENT WELCOME NONE. 4. CONSENT CALENDAR A.MINUTES: 1) AMENDED REGULAR MEETING MINUTES OF JULY 12, 2021 AND; 2) REGULAR MEETING MINUTES OF AUGUST 23, 2021. MOTION:Councilmember Pieper motioned to approve the minutes with edits summarized by the City Manager and seconded by Councilmember Wilson. AYES:COUNCILMEMBERS: Mayor Dieringer, Mirsch, Pieper and Wilson. NOES: COUNCILMEMBERS: Mayor Pro Tem Black. ABSENT: COUNCILMEMBERS: None. ABSTAIN: COUNCILMEMBERS: None. B.PAYMENT OF BILLS. C.CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CALOES) DESIGNATION OF ADDITIONAL AUTHORIZED AGENTS. 5 Minutes 2 City Council Regular Meeting September 13, 2021 D.SOUTHERN CALIFORNIA EDISON 2021 RELIABILITY REPORT. E.REVISED SENATE BILL 9 (HOUSING DEVELOPMENT APPROVALS). MOTION: Council Member Pieper called for a motion to approve consent items 4B, 4C, 4D and 4E; with edits to amend item 4B to void check #027166 by the City Manager, and the motion was seconded by Mayor Pro Tem Black. AYES:COUNCILMEMBERS: Mayor Dieringer, Mayor Pro Tem Black, Pieper, Mirsch, and Wilson. NOES:COUNCILMEMBERS: None. ABSENT:COUNCILMEMBERS: None. ABSTAIN:COUNCILMEMBERS: None. 5. COMMISSION ITEMS NONE. 6. PUBLIC HEARINGS NONE. 7. OLD BUSINESS NONE. 8. NEW BUSINESS A.CONSIDER AND APPROVE AN AMENDED AGREEMENT WITH JIMENEZ CONSULTING SOLUTIONS TO CONTINUE TO PROVIDE TECHNOLOGY SUPPORT. MOTION: Councilmember Pieper motioned to approve the Amended Agreement with Jimenez Consulting Solution, and Mayor Pro Tem Black seconded the motion. AYES:COUNCILMEMBERS: Mayor Dieringer, Mayor Pro Tem Black, Pieper, Mirsch, and Wilson. NOES:COUNCILMEMBERS: None. ABSENT:COUNCILMEMBERS: None. ABSTAIN:COUNCILMEMBERS: None. 6 Minutes 3 City Council Regular Meeting September 13, 2021 B.CONSIDER AND APPROVE AN ORDINANCE OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING ROLLING HILLS MUNICIPAL CODE SECTIONS 12.20.050 (VIOLATIONS), 1.04.010 (DEFINITIONS), AND 1.080.030 (VIOLATION SUBJECT TO ADMINISTRATIVE CITATION WHEN) TO MAKE VIOLATION OF THE PROHIBITION AGAINST FIREWORKS WITHIN THE CITY SUBJECT TO ADMINISTRATIVE CITATION AND PENALITIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIORNMENTAL QUALITY ACT. City Manager Jeng recommended to the City Council that staff will make adjustments to the ordinance and bring it back for Council’s reconsideration. C.REVIEW RESOLUTIONS TO BE PRESENTED AT THE CALIFORNIA LEAGUE OF CITIES 2021 ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER 22 – SEPTEMBER 24, 2021; AND PROVIDE DIRECTIONS TO THE CITY’S VOTING DELEGATE MAYOR BEA DIERINGER. Mayor Dieringer presented Resolution 1 on Bradley Burns Tax. MOTION:Mayor Pro Tem Black moved to support the resolution and for Mayor Dieringer to vote on the Resolution on behalf of the City and Councilmember Wilson seconded the motion. AYES:COUNCILMEMBERS: Mayor Dieringer, Mayor Pro Tem Black, Pieper, and Wilson. NOES:COUNCILMEMBERS: Mirsch ABSENT:COUNCILMEMBERS: None. ABSTAIN:COUNCILMEMBERS: None. Mayor Dieringer presented Resolution 2 funding CPUC. MOTION: Councilmember Mirsch moved to have Mayor Dieringer abstain from voting, and Councilmember Pieper seconded the motion. AYES:COUNCILMEMBERS: Mayor Pro Tem Black. Pieper, Mirsch, and Wilson. NOES:COUNCILMEMBERS: Mayor Dieringer ABSENT:COUNCILMEMBERS: None. ABSTAIN:COUNCILMEMBERS: None. 7 Minutes 4 City Council Regular Meeting September 13, 2021 D.SCHEDULE THE ANNUAL HOLIDAY OPEN HOUSE ON MONDAY, DECEMEBER 13, 2021 FROM 4PM TO 7PM; AND REVIEW AND APPROVE THE GUEST LIST FOR THE OPEN HOUSE. The City Council decided to tentatively hold the Annual Holiday Open House on Monday, December 13, 2021 from 4 PM to 7 PM. City Manager Jeng recommended that the City Council review the guest list and inform staff of any changes, and that the item will be brought back to the October 25, 2021agenda for confirmation of the event. 9. MATTERS FROM THE CITY COUNCIL AND MEETING ATTENDANCE REPORTS A.REPORT ON THE AUGUST 20, 2021 FIRE FUEL COMMITTEE MEETING. (MIRSCH & BLACK) Resident Jim Aichle commented on disagreeing with the Fire Fuel Abatement & Nuisance Ordinances standards. He stated that no houses meet the criteria of Carol Rice or the Fire Department and that all residents should be aware of the Ordinances that are being passed. Mayor Dieringer stated that revisions are to be made to the Dead Vegetation Ordinance and it will be brought back to the Council, and Councilmember Mirsch seconded the motion. B.CONSIDER SPECIAL STUDIES AS ALLOWED BY SB 330, HOUSING CRISES ACT OF 2019 AND SB 9, HOUSING DEVELOPMENT. (MAYOR DIERINGER) Mayor Dieringer recommended to agendize the item for future City Council Meeting. 10. MATTERS FROM STAFF A.CITY COUNCIL AND PLANNING COMMISSION SCHEDULED WORKSHOP ON STORM WATER MEETING REMINDER AND DRAFTED AGENDA. MOTION: Mayor Pro Tem Black moved to receive and file the City Council and Planning Commission scheduled workshop on Storm Water Meeting reminder and drafted agenda, and Councilmember Mirsch seconded the motion. AYES:COUNCILMEMBERS: Mayor Dieringer, Mayor Pro Tem Black, Pieper, Mirsch, and Wilson. 8 Minutes 5 City Council Regular Meeting September 13, 2021 NOES:COUNCILMEMBERS: None. ABSENT:COUNCILMEMBERS: None. ABSTAIN:COUNCILMEMBERS: None. 11. CLOSED SESSION NONE. 12. ADJOURNMENT THE MEETING WILL BE ADJOURNED IN MEMORY OF DODIE FILLER AND JACK MCDONALD, BOTH LONGTIME RESIDENTS AND VERY ACTIVE MEMBERS IN THE COMMUNITY. Hearing no further business before the City Council, the meeting was adjourned at 9:33 p.m. The next regular meeting of the City Council is scheduled to be held on Monday, September 27, 2021 beginning at 6:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at: https://www.rolling-hills.org/government/agenda/index.php Respectfully submitted, ____________________________________ Elaine Jeng, P.E. Acting City Clerk Approved, ________________________________ Bea Dieringer Mayor 9 Agenda Item No.: 4.B Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PAYMENT OF BILLS. DATE:September 27, 2021 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: 2021-09-23_PaymentofBills.pdf 10 9/23/2021 11 Agenda Item No.: 4.C Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR AUGUST 2021. DATE:September 27, 2021 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: Approve as presented. ATTACHMENTS: 0821 - Rolling Hills YTD Tonnage Report.pdf 12 Franchise?Y Mth/Yr Overall Commodity Tons Collected Tons Recovered Tons Disposed Diversion % Jan-21 Trash 235.42 36.03 199.39 15.30% Greenwaste 49.43 49.43 - 100.00% Jan-21 Total 284.85 85.46 199.39 30.00% Feb-21 Trash 206.11 18.38 187.73 8.92% Greenwaste 62.07 62.07 - 100.00% Feb-21 Total 268.18 80.45 187.73 30.00% Mar-21 Trash 231.10 7.19 223.91 3.11% Recycle 3.64 0.91 2.73 24.95% Greenwaste 89.04 89.04 - 100.00% Mar-21 Total 323.78 97.14 226.64 30.00% Apr-21 Trash 239.29 34.90 204.39 14.58% Greenwaste 52.70 52.70 - 100.00% Apr-21 Total 291.99 87.60 204.39 30.00% May-21 Trash 147.58 - 147.58 0.00% Greenwaste 125.97 125.97 - 100.00% May-21 Total 273.55 125.97 147.58 46.05% Jun-21 Trash 193.00 - 193.00 0.00% Greenwaste 111.34 111.34 - 100.00% Jun-21 Total 304.34 111.34 193.00 36.58% Jul-21 Trash 207.99 - 207.99 0.00% Greenwaste 96.98 96.98 - 100.00% Jul-21 Total 304.97 96.98 207.99 31.80% Aug-21 Trash 203.81 - 203.81 0.00% Greenwaste 103.02 103.02 - 100.00% Aug-21 Total 306.83 103.02 203.81 33.58% Grand Total 2,358.49 787.96 1,570.53 33.41% 787.96 CITY OF ROLLING HILLS RESIDENTIAL FRANCHISE 2021 Contract Requires 30% Household - Page 1 of 2 13 Agenda Item No.: 5.A Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:STEPHANIE GRANT , ADMINISTRATIVE CLERK THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:ZONING CASE NO. 21-03: 8 QUAIL RIDGE ROAD NORTH: REQUEST FOR 1) VARIANCE FOR THE ENCLOSURE OF AN EXISTING FRONT PORCH (30 SQUARE FEET) THAT PARTIALLY ENCROACHES INTO THE FRONT SETBACK; 2) VARIANCE TO EXCEED THE MAXIMUM 30% BUILDING PAD COVERAGE BY 3.36%; 3) CONDITIONAL USE PERMIT FOR A 2,780 S.F. STABLE; 4) SITE PLAN REVIEW FOR 1,070 C.Y. OF GRADING; AND 4) SITE PLAN REVIEW FOR WALLS TO EXCEED THE 3-FOOT MAXIMUM HEIGHT LOCATED AT 8 QUAIL RIDGE ROAD NORTH, ROLLING HILLS, CA 90274 (LOT 106-A-RH), (MANQUEN). DATE:September 27, 2021 BACKGROUND: On August 17, 2021, the Planning Commissioners unanimously voted to approve Zoning Case No 21- 03 and Resolution No. 2021-13 granting an approval for: Conditional Use Permit for the addition of 1,715 square feet to an existing stable; Variances for the enclosure of an existing front porch that partially encroaches into the required front setback and for the building pad to exceed the 30% maximum coverage; Site Plan Review for 1,070 cubic yards of grading and for the wall heights to exceed the 3 feet maximum height. The proposed stable height was 32 feet with a copula, which exceeded the maximum allowable 25 feet height. The Planning Commission approved the stable height of 25 feet, and the applicant will submit revised plans with the reduced heights later when the plans have been approved by the RHCA. Zoning, Land Size and Existing Conditions The lot is an irregularly shaped parcel zoned RAS-2 with a gross lot area of 224,974 square feet (5.2 acres) and net lot area of 189,067 square feet (4.3 acres). The lot is currently developed with an existing 5,680 square-foot single family residence, 1,205 square-foot attached garage, 945 square-foot pool/spa, and 1,715 square-foot, 1-story stable. The existing main residence and garage are located on the first building pad (13,325 square-feet). The existing stable is located on the second building pad (6,600 square feet). The first and second building pads are located on the south corner portion of the parcel. The second building pad is developed with equestrian uses and contains the existing 1,715 square-foot 14 stable and 5,560 square-foot corral. DISCUSSION: Site Plan Review Applicants are proposing maximum 5 foot high walls along the south and east portion of the stable. The west portion of the stable will feature a 5-foot wide fire access stairs that descend 30 feet from the main building pad to the lower level building pad where the stable is located. The fire access stairs also provide access to the second story of the stable. The fire access stairway and stable walls are proposed at 5 feet maximum height from finished grade. The LA County Fire Department requires a 5-foot wide concrete stairway to serve as fire access from the residential building pad down to the lower pad. The walls cannot be tiered due to the grade change and space constraints of the buildable area. The proposed grading for the main residence is 100 cubic yards for over excavation and 100 cubic yards of fill for the additions. The proposed grading for the stable pad is 435 cubic yards of cut and 435 cubic yards of fill for a total of 870 cubic yards. The total grading for the additions and stable is 1,070 cubic yards and it will be balanced on site. Conditional Use Permit The Rolling Hills Municipal Code Section 17.18.050.A.1, states a stable more than 200 square feet is a permitted use with Conditional Use Permit approval. Applicants are proposing a 2,780 square-foot two story stable. Applicants are proposing to remodel the existing one story 1,715 square-foot stable by demolishing 380 square feet of the existing north portion of the structure. The north portion of the stable will be converted into 420 square feet of covered porches, a total of 60 feet in length by 7 feet in width. There will be a 726 square-foot equipment room added to the west portion of the stable. The project proposes to add a second story 800 square-foot loft with tackroom, bathroom, storage, kitchen, nook, and deck. The proposed roof ridge is maximum 25 feet high. Variance Applicants are requesting a total of 470 square feet of covered porches to be converted into habitable space. The proposed porch enclosures that will be converted into habitable space are attached to the main residence: 1) 160 square feet at the northwest corner, 2) 75 square feet at the southwest corner, and 3) 235 square feet at the entry way. All of the proposed building additions are proposed underneath the existing eave line so there will be no expansion beyond the existing roof edge. Of the proposed 235 square-foot covered front porch enclosure area, 30 square feet will encroach into the front setback. The 30 square foot enclosed porch encroaches approximately six feet into the 50-foot required setback. Applicants are also requesting a Variance to exceed the maximum 30% building pad coverage on the second pad by 3.36% or 94 square feet. The proposed stable addition and remodel will be located on the second building pad where the existing stable is currently located. The total proposed building pad coverage 36.36% but decreases to 33.36% after the allowable deductions. The existing 5,650 square foot corral will be reduced to 4,500 square feet. The reduction of the corral is due to the increase in size of the stable footprint and covered porch. Planning Commission Review The project was originally scheduled for the April 15, 2021 Planning Commission meeting. The project 15 was withdrawn from the April 15, 2021 Planning Commission meeting because the applicants requested more time to revise the plans to add a tennis court. The project was flagged and staked to outline the proposed stable and residential additions. The future tennis court was also flagged and staked for the August 17, 2021 field trip meeting. The future tennis court will be presented at a later meeting along with the 40 square-foot enclosure that encroaches into the easement. Neighbors' Concerns Several concerns regarding the proposed project were raised by residents in the surrounding area. The closest neighbors at 4 Quail Ridge Road North, located west of subject property, expressed concerns that the proposed height of the stable may impact their views. There were also concerns regarding the loss of privacy due to location of the proposed stable. The current property owner and future property owners both expressed these concerns. The current property owner, future property owners, realtors, and architects came to the City Hall to review the proposed project plans. Their concerns were later addressed when they saw that the stakes and flags did not impact their views. The resident at 5 Quail Ridge Road North, located two houses south from the project site, expressed concerns that the construction dust and debris of the project may negatively impact his health. The City received a letter from the resident’s attorney and doctor on April 20, 2021. The two letters have been included in this staff report and also forwarded to the City Attorney’s office. The distance of the proposed project and existing landscaping and structure will help mitigate their concerns. In addition, there are provisions in the code that require construction sites to have dust control measures to protect air quality and the applicant must abide by these rules. The adjacent neighbors at 7 Quail Ridge Road North directly south of the subject property also expressed concerns regarding the proposed project. The resident stated that the pine trees located at 8 Quail Ridge Road North negatively impact his view from his family room and great room. On August 5, 2021, the resident came into City Hall to review the proposed project plans. He recommends that the applicants incorporate changes to their landscaping and maintenance regarding the existing pine trees. The trees concerning the adjacent neighbors are existing and are not part of the discretionary request approval. Disturbance The existing lot disturbance is 49,750 square feet or 26.31%. There proposed lot disturbance increase from the result of the proposed project is 700 square feet or 0.37%. The total disturbed area is 50,540 or 26.68%. The total proposed grading for this project is 1,070 cubic yards and it will be balanced onsite. Fire Access Applicants are proposing to construct a fire access stairway accessible from the fire department turnaround on the main building pad that will lead down to the stable's second story access landing. The proposed stairway will allow the fire department access from the main pad as the existing terrain is too steep to allow for a fire access road. The proposed stairway is located on the west portion of the stable and provides access to the second story of the stable. Environmental Review The project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act (CEQA). 16 Appeal No appeal was filed against the project. CRITERIA FOR CONDITIONAL USE PERMIT 17.42.050 Basis for approval or denial of Conditional Use Permit. The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards: 1. That the proposed conditional use is consistent with the General Plan; 2. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures; 3. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; 4. That the proposed conditional use complies with all applicable development standards of the zone district; 5. That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities and 6. That the proposed conditional use observes the spirit and intent of this title. CRITERIA FOR VARIANCES 17.38.050 Required Variance findings. In granting a variance, the Commission (and Council on appeal) must make the following findings: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; 4. That in granting the variance, the spirit and intent of this title will be observed; 5. That the variance does not grant special privilege to the applicant; 6. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and 7. That the variance request is consistent with the general plan of the City of Rolling Hills. 17.46.050 - Required Site Plan Review findings. The Commission shall be required to make findings in acting to approve, conditionally approve, or deny a site plan review application. No project which requires site plan review approval shall be approved by the Commission, or by the City Council on appeal, unless the following findings can be made: 1. The project complies with and is consistent with the goals and policies of the general plan and all 17 requirements of the zoning ordinance; 2. The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot; 3. The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences; 4. The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls); 5. Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area; 6. Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course; 7. The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas; 8. The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles; and 9. The project conforms to the requirements of the California Environmental Quality Act. 10. If all of the above findings cannot be made with regard to the proposed project, or cannot be made even with changes to the project through project conditions imposed by City staff and/or the Planning Commission, the site plan review application shall be denied. FISCAL IMPACT: None. RECOMMENDATION: Receive and file. ATTACHMENTS: 8_Quail_Ridge__Civil_and_Arch_Planning_Commission_Set_2021.08.11_v1.pdf 2021-13.PC_RESOLUTION_8_Quail_Ridge_Road_North_Manquen (1).docx Development_Proposal_Table.8_Quail_Ridge_Road_North_08.17.21 (5).pdf Letter_to_Rolling_Hills_Goldberg_Kim.pdf Letter_to_Rolling_Hills_Lynch.pdf Vicinity Map 1.pdf Vicinty Map 2.pdf 18 QUAI L RI D G E ROA D N O R T H LEGEND 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 30 30 60 30 ENGINEERING CORP.boltonengineering.com | 310.325.5580C0.0 MANQUEN RESIDENCE & STABLE 8 QUAIL RIDGE LANE NORTH ROLLING HILLS, CA 90274 VICINITY MAP PROPERTY ADDRESSES 19 QUAIL R IDGEROAD NORTHLEGEND30306030ENGINEERING CORP. boltonengineering.com | 310.325.5580C0.120 QUAIL R IDGEROAD NORTHLEGEND20204020ENGINEERING CORP. boltonengineering.com | 310.325.5580C0.221 LEGEND 10 10 20 10 ENGINEERING CORP.boltonengineering.com | 310.325.5580C1.0 22 LEGEND 10 10 20 10 ENGINEERING CORP.boltonengineering.com | 310.325.5580C1.1 23 LEGEND 10 10 20 10 ENGINEERING CORP.boltonengineering.com | 310.325.5580C1.2 24 ENGINEERING CORP.boltonengineering.com | 310.325.5580C2.0 25 QUAI L RI D G E ROA D N O R T H QUAI L RI D G E ROA D N O R T H LEGEND 30 30 60 30 ENGINEERING CORP.boltonengineering.com | 310.325.5580CM 26 27 28 29 30 1 Resolution 2021-13 8 Quail Ridge Road North (Manquen) RESOLUTION NO. 2021-13 A RESOLUTION APPROVING A VARIANCE FOR THE ENCLOSURE OF AN EXISTING FRONT PORCH THAT PARTIALLY ENCROACHES INTO THE FRONT YARD SETBACK; 2) VARIANCE TO EXCEED THE MAXIMUM 30% BUILDING PAD COVERAGE; 3) CONDITIONAL USE PERMIT FOR A 1,065 SQUARE FOOT ADDTION TO AN EXISTING STABLE; 4) SITE PLAN REVIEW FOR 1,070 CUBIC YARDS OF GRADING; AND 5) SITE PLAN REVIEW FOR WALLS TO EXCEED MAXIMUM 3 FEET HEIGHT LOCATED AT 8 QUAIL RIDGE ROAD NORTH, ROLLING HILLS, CA 90274 (LOT 106-A-RH), (MANQUEN). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. On March 8, 2021, an application was duly filed by Mr. Jeff Manquen and Camille Cripps Manquen (“Applicants”) with respect to real property located at 8 Quail Ridge Road North, Rolling Hills, requesting a Variance for the enclosure of an existing front porch that partially encroaches into the front yard setback and Variance for the second building pad to exceed the maximum 30% by 3.36%. Applicants are requesting a Conditional Use Permit for a 1,065 square foot addition to an existing stable; the total proposed square footage of the remodeled stable is 2,780 square feet. The Applicants are requesting a Site Plan approvals for a total of 1,070 cubic yards of grading and a Site Plan approvals for the walls to exceed the maximum 3 feet height for the new fire access stairway and walls along the stable. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the proposed project during an on-site field trip and an evening teleconference meeting on the same day, August 17, 2021. Neighbors within 1,000-foot radius were notified of the public hearings and public notice was published in the Daily Breeze on August 7, 2021. Applicants and their agents were notified of the public hearings in writing by first class mail and the Applicants and agents were in attendance at the hearings. Evidence was heard and presented from all person interested in affecting said proposal, and from members of the City staff. Section 3. The lot is an irregular shaped parcel zoned RAS-2 with the gross lot area of 224,974 square feet (5.2 acres) and net lot area is 189,067 square feet (4.3 acres). The lot is currently developed with an existing 5,680 square foot single family residence, 1,205 square foot attached garage, 945 square foot pool/spas, and 1,715 square foot 1 story stable. The existing main residence and garage are located on the first building pad (13,325 square feet). The existing stable is located on the second building pad (6,600 square feet). The first and second building pads are located on the south corner portion of the parcel. The second building pad has been developed with equestrian uses and contains the existing 1,715 square foot stable and 5,560 square foot corral. Section 4. This project is Categorically Exempt from CEQA pursuant to Section 15301 31 2 Resolution 2021-13 8 Quail Ridge Road North (Manquen) (Existing Facilities) because it involves minor alteration of or addition to an existing private structure. The applicant is proposing to remodel the existing one story 1,715 square foot stable by demolishing 380 square feet of the existing north portion of the structure. The total proposed two story stable will be 2,780 square feet. A total of 470 square feet of covered porches will be converted into habitable space. The proposed grading is 1,070 cubic yards and will be balanced on site. A 5-foot wide concrete stairway to serve as fire access from the first residential building pad down to the second stable pad is proposed. The walls along the fire access stairway and stable will exceed the maximum 3 feet height, the proposed wall heights will be a maximum 5- feet high from finished surface. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance granting relief from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity or zone. Proposed enclosure of an existing porch to partially encroach into the front yard setback. The proposed addition to the stable exceeds the 30% maximum building pad coverage by 3.36% on the second building pad. With respectto theaforementioned request for a Variance from Zoning Ordinance, the Planning Commission finds as follows: A.That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone is given the size and steepness of the site, it is difficult for the applicant to comply with the maximum 30% buildable pad coverage due to the limited size of the pad; B.That variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone. The stable addition is necessary for the preservation of the Applicant’s property right. The placement of the stable addition is best location to accommodate the equestrian use because there is an existing 1,715 square foot stable and the building pad area is already developed. Stables larger than 200 square feet are an amenity enjoyed by many property owners in the City. The Applicants are trying to minimize the building pad exceedance by 3.36%, which is less than 94 square feet on a site that has a net lot area of 189,067 square feet; C.That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity in that the proposed development will comply with the required building code, will not have adverse visual impact to adjacent properties and is in keeping with the desired rural aesthetic of Rolling Hills; D.That in granting the variance, the spirit and intent of this title will be observed in that the proposed development does not prevent anyone from enjoying their property rights, the improvements are visually harmonious with adjacent properties and in scale with adjacent residential development; E.That the variance does not grant special privilege to the applicant in that the proposed 32 3 Resolution 2021-13 8 Quail Ridge Road North (Manquen) addition is in character and similar in scale with existing residential development and the applicant will have the opportunity to enjoy the same amenities enjoyed by other residents in the community. In the past the City has granted approval for large stable on smaller lots; F.That thevariance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities. The proposed location of the project will not be sited near hazardous waste facilities and is surrounded by residential land use; G.That the variance request is consistent with the general plan of the City of Rolling Hills in that the applicant will enjoy the same rights that residents in the community enjoy, the proposed project is in character and scale as the existing neighborhood, the proposed project preserves the rural character of Rolling Hills. Section 6. Sections 17.18.050(A)(1) and of the Rolling Hills Municipal Code permits approval of a greater than two hundred square with a Conditional Use Permit. Section 17.16.040 (A)(6) uses are permitted in the RA-S zone, provided a conditional use permit The Planning Commission must consider applications for a Conditional Use Permit and may, with such conditions as are deemed necessary, approve a conditional use which complies with the findings in RHMC Section 17.18.060 - Requirements for stables requiring conditional use permit. The proposed 1,065 square foot addition complies with all requirements of this section except it exceeds the maximum allowable 30% building pad coverage by 3.36%. Variances for those conditions are being granted concurrently in this resolution. With respect to this request for a Conditional Use Permit, the Planning Commission finds as follows. With respect to the aforementioned request for Conditional Use permit from Zoning Ordinance Section 17.42.050, the Planning Commission finds as follows: A. The proposed conditional use is consistent with the General Plan. The granting of a Conditional Use Permit for the remodeled stable is consistent with the purposes and objectives of the Zoning Ordinance and General Plan because the use is consistent with similar uses in the community, and meets all the applicable code development standards for a stable. The propose project is located in an area on the property that is already developed to accommodate such equestrian use; B. That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures. The existing 1,715 square foot stable and proposed 1,065 square foot addition are distanced from nearby residences, as well as not having any impact on the views of surrounding neighbors; C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The proposed stable addition are of similar scale with existing stablesin the neighborhood.The lot is 4.34 acres in size for development purposes, and 5.17 acres gross. The proposed project site if sufficiently large to accommodate the proposed use. 33 4 Resolution 2021-13 8 Quail Ridge Road North (Manquen) D. The proposed conditional use complies with all applicable development standards of the zone district and requires a Conditional Use Permit pursuant to Sections 17.18.050 and 17.18.060 of the Zoning Ordinance. The proposed stable requires a variance to exceed the allowable maximum building pad coverage of 30% by 3.36% or 94 square feet. The net lot area is 189,067 square feet. E. The proposed conditional use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting criteria for hazardous waste facilities because the project site is not listed on the current State of California Hazardous Waste and Substances Sites List; F.The proposed conditional use observes the spirit and intent of this title. The proposed stable observes the spirit and intent of the zoning title because it provides for a use that is encouraged throughout the City as each property is required to have a stable and corral or a set aside therefor. It also meets all development standards and therefore observes the spirit and intent of the zoning ordinance Section 5. Site Plan Review. The Rolling Hills Municipal Code requires a Site Plan Review for a project that proposes grading pursuant to RHMC Section 17.46.020(A)(1). The project proposes total grading of 1,070 cubic yards. The Rolling Hills Municipal Code requires a Site Plan Review for a project that proposes walls to exceed maximum 3 feet height pursuant to RHMC Section 17.16.190(F). The Planning Commission makes the following findings: A.1. The project complies with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance. Although the proposed building pad area exceeds the maximum permitted amount of 30%, the proposed grading for the equestrian use will promote the rural, equestrian aesthetic of Rolling Hills. The total grading for the additions and stable is 1,070 cubic yards that will be balanced on site. The west portion of the stable will feature the 5 foot wide fire access stairs that descends 30 feet from the main building pad to the lower level of the stable pad. The maximum 5 foot walls comply with and is consistent with the goals and policies of the general plan and all requirements of the zoning ordinance. The required safety and the visual impact is minimized by the exterior grade. B.The project substantially preserves the natural and undeveloped state of the lot by minimizing building coverage. Lot coverage requirements are regarded as maximums, and the actual amount of lot coverage permitted depends upon the existing buildable area of the lot. The topography and the configuration of the lot have been considered, and it was determined that the proposed development will not adversely affect or be materially detrimental to adjacent uses, buildings, or structures because the walls will be partial screened by the adjacent grades. The proposed grading and walls are located in an already developed area. C.The project is harmonious in scale and mass with the site, the natural terrain and surrounding residences. The proposed development, as conditioned, is harmonious in scale and mass with the site. The existing lot disturbance is 49,750 square feet or 26.31% and the proposed grading for the project is an in area that is already disturbed. The existing lot disturbance is 34 5 Resolution 2021-13 8 Quail Ridge Road North (Manquen) 49,750 square feet or 26.31%. There proposed increase as a result of the proposed project is 700 square feet or 0.37%. The total disturbed area is 50,540 or 26.68%. The total proposed grading for this project will be very minimal and grading will be balanced onsite. The existing stable building pad has already been developed for equestrian use. D.The project preserves and integrates into the site design, to the greatest extent possible, existing topographic features of the site, including surrounding native vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls). There will be no changes to the overall drainage features on the lot and only the vegetation will be disturbed on the portion of the slope where the fire access stairway is located. E.Grading has been designed to follow natural contours of the site and to minimize the amount of grading required to create the building area. The development previously graded and disturbed site. F.Grading will not modify existing drainage channels nor redirect drainage flow, unless such flow is redirected into an existing drainage course. G.The project preserves surrounding native vegetation and mature trees and supplements these elements with drought-tolerant landscaping which is compatible with and enhances the rural character of the community, and landscaping provides a buffer or transition area between private and public areas. H.The project is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles. There is ample parking in the garage and there is parking for guests on site. There are not changes to the circulation patterns on the site. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance, Conditional Use Permit, and Site Plan Review request in Zoning Case No. 21-03 for requesting a Variance for the enclosure of an existing front porch to partially encroach into the front yard setback and Variance for the second building pad to exceed the maximum 30% by 3.36 %. The total proposed building pad coverage is 33.36%. The Applicants are requesting a Conditional Use Permit for a stable to exceed 200 square feet in size; the total proposed remodeled stable is 2,780 square feet. The Applicants are requesting a Site Plan Review for a total of 1,070 cubic yards of grading. A Site Plan approval for the walls to exceed the maximum 3 feet height for the new fire access stairway and walls along the stable. Requests for approval are subject to the following conditions: A.This approval shall expire within two years from the effective date of approval if constructionpursuanttothisapprovalhasnotcommencedwithinthattime period, as required by Sections 17.38.070 and 17.46.080 of the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to the requirements of this section. B.If any condition of this resolution is violated, the entitlement granted by this resolution shall be suspended and the privileges granted hereunder shall lapse and upon receipt of written notice from the City, all construction work being performed on the subject property shall 35 6 Resolution 2021-13 8 Quail Ridge Road North (Manquen) immediately cease, other than work determined by the City Manager or his/her designee required to cure the violation. The suspension and stop work order will be lifted once the Applicant cures the violation to the satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes the City Manager or his/her designee’s determination that a violation exists or disputes how the violation must be cured, the Applicant may request a hearing before the City Council. The hearing shall be scheduled at the next regular meeting of the City Council for which the agenda has not yet been posted, the Applicant shall be provided written notice of the hearing. The stop work order shall remain in effect during the pendency of the hearing. The City Council shall make a determination as to whether a violation of this Resolution has occurred. If theCouncil determines that a violation has not occurred or has been cured by the time of the hearing, the Council will lift the suspension and the stop work order. If the Council determines that a violation has occurred and has not yet been cured, the Council shall provide the Applicant with a deadline to cure the violation; no construction work shall be performed on the property until and unless the violation is cured by the deadline, other than work designated by the Council to accomplish the cure. If the violation is not cured by the deadline, the Council may either extend the deadline at the Applicant’s request or schedule a hearing for the revocation of the entitlements granted by this Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC). C.All requirements of the Building and Construction Ordinance, the Zoning Ordinance, LA County Building Code and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approvedplan. D.The lot shall be developed and maintained in substantial conformance with the site plan on file dated August 11, 2021 except as otherwise provided in these conditions. E.Prior to submittal of final working drawings to the Building and Safety Department for issuance of building permits, the plans for the project shall be submitted to City staff for verification that the final plans are in compliance with the plans approved by the Planning Commission. F.The working drawings submitted to the Department of Building and Safety for plan check review must conform to the development plan approved with this application. A copy of the conditions of this Resolution shall be printed on plans approved when a building permit is issued and a copy of such approved plans, including conditions of approval, shall be available on the building site at alltimes. G.A licensed professional preparing construction plans for this project for Building Department reviewshall execute a Certificate affirming that the plans conform in all respects to this Resolution approving this project and including conformance with all of the conditions set forth therein and the City’s Building Code and Zoning Ordinance. Further, the person obtaining a building permit for this project shall execute a Certificate of Construction stating that the project will be constructed according to this Resolution and any plans approved therewith. 36 7 Resolution 2021-13 8 Quail Ridge Road North (Manquen) H.Structural lot coverage shall not exceed 11,002 square feet, or 5.82% (with allowable deductions). Total lot coverage shall not exceed 6.85% or 12,957 squarefeet. I.Grading shall not exceed 1,070 cubic yards and all dirt shall be balanced on site. J.The residential building pad coverage of Building Pad 1 is 8,602 square feet, or 64.75 (with allowable deductions). The residential building pad coverage of Building Pad 1 shall not exceed 8,707 square feet, or 65.54%. The residential building pad coverage of Building Pad 2 shall not exceed 2,202 square feet, or 33.36 % (with allowable deductions). The residential building pad coverage of Building Pad 2 shall not exceed 2,400 square feet, or 36.36%. K.The disturbed area of the lot shall not exceed 26.68% (of net lot area). L.Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to this project or to the property, which would constitute additional structural development, grading, excavation of dirt and any modification including, but not be limited to retaining walls, drainage devices, pad elevation and any other deviation from the approved plan, shall require the filing of a new application for approval by the Planning Commission. M.Duringconstruction,conformancewiththeairqualitymanagementdistrict requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. N.During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. O.The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP’s) requirements related to solid waste, drainage and storm water management. P.The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conductedonthe property,thecontractorshallhavereadilyavailablefiredistinguisher. Q.to the project during construction, shall be depicted “as built/as graded”. R.Until the Applicants execute an Affidavit of Acceptance of all conditions of this 37 8 Resolution 2021-13 8 Quail Ridge Road North (Manquen) approval, the approvals shall not be effective. Such affidavit shall be recorded together with the resolution. S.All graded areas shall be landscaped. Landscaping shall be designed using native plants, shrubs and trees. Any new trees and shrubs planned to be planted in conjunction with this project shall, at maturity, not be higher than the ridge height of the main residence. No plants shall be planted, which would result in a hedge like screen. Eucalyptus, palms, pampas grass, juniper, pine and acacia shall not be planted on site. T.The landscaping shall be subject to the requirements of the City’s Water Efficient Landscape Ordinance, (Chapter 13.18 of the RHMC), and shall be submitted to the City prior to obtaining a grading permit. . U.During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances, and engineering practices. V During construction, activities shall conform with air quality management district requirements, stormwater pollution prevention practices, county and local ordinances, and engineering practices so that people and property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. W.During construction, to the extent feasible, all parking shall take place on the project site, but if necessary, any overflow parking may take place within the nearby roadway easements, without blocking access to and over the common driveway to the residences adjacent thereto. X.The Applicants shall be responsible for keeping the common access roadway in good condition during the entire construction process and shall, at their sole expense, make necessary repairs to the common access roadway should any damage occur during construction of their project. Y.If an above ground drainage design is utilized, it shall be designed in such a manner as not to cross over any equestrian trails. Any drainage system shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors views to the maximum extent practicable, without impairing the function of the drain system. Z.The contractor shall not use tools that could produce a spark, including for clearing and grubbing, during red flag warning conditions. Weather conditions can be found at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard_definitions#FIRE. It is the sole responsibility of the property owner and/or his/her contractor to monitor the red flag warning conditions. Should a red flag warning be declared and if work is to be conducted on the property, the contractor shall have readily available fire distinguisher. AA.The Applicants shall be required to conform with the Regional Water Quality Control 38 9 Resolution 2021-13 8 Quail Ridge Road North (Manquen) Board and County Public Works Department Best Management Practices (BMP’s) requirements related to solid waste, drainage, cisterns, and storm water drainage facilities management and to the City’s Low Impact development Ordinance (LID), if applicable. Further the Applicants shall be required to conform to the County Health Department requirements for a septic system. BB.Prior to finaling of the project an “as graded” and “as constructed” plans and certifications, including certifications of ridgelines of the structures, shall be provided to the Planning Department and the Building Department to ascertain that the completed project is in compliance with the approved plans. In addition, any modifications made to the project during construction, shall be depicted on the “as built/as graded” plan and one hardcopy and one electronic copy shall be submitted to the Planning Department prior to issuance of the Final Certificate of Occupancy. CC.The project shall be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any permits. DD.The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. EE.Prior to submittal of final plans to the Building Department for issuance of grading and/or building permits, the plans for the project shall be submitted to staff for verification that the final plans are in compliance with the plans approved by the Planning Commission HH.Prior to the issuance of building or grading permits, Applicant shall execute an Affidavit of Acceptance of all conditions of this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall be recorded together with the Resolution against the Property. Applicants shall be and remain in compliance with all conditions of this permit. II.The applicant shall comply with the Requirements of the Fire Department for access, water flow and fire fuel modification prior to issuance of the Building permit. JJ.The conditions of approval enumerated in this Resolution shall be printed on the front sheet of the development plans and shall be available at the site at all times. KK.Before construction, Applicants shall clear the property of any dead or alive tumbleweed or dead tree, shrub, palm frond or other plant. LL.During construction the dust disturbance must be minimized at all times. MM. Applicants shall indemnify, protect, defend, and hold the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, 39 1 0Resolution 2021-13 8 Quail Ridge Road North (Manquen) or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF AUGUST, 2021. BRAD CHELF, CHAIRMAN ATTEST: CITY CLERK Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. 40 1 1Resolution 2021-13 8 Quail Ridge Road North (Manquen) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2021-13 entitled: A RESOLUTION APPROVING A VARIANCE FOR THE ENCLOSURE OF AN EXISTING FRONT PORCH THAT PARTIALLY ENCROACHES INTO THE FRONT YARD SETBACK; 2) VARIANCE TO EXCEED THE MAXIMUM 30% BUILDING PAD COVERAGE; 3) CONDITIONAL USE PERMIT FOR A 1,065 SQUARE FOOT ADDTION TO AN EXISTING STABLE; 4) SITE PLAN REVIEW FOR 1,070 CUBIC YARDS OF GRADING; AND 5) SITE PLAN REVIEW FOR WALLS TO EXCEED MAXIMUM 3 FEET HEIGHT LOCATED AT 8 QUAIL RIDGE ROAD NORTH, ROLLING HILLS, CA 90274 (LOT 106-A-RH), (MANQUEN). was approved and adopted at a regular meeting of the Planning Commission on August 17, 2021 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK 41 8 Quail Ridge Road North (Zoning Case No. 21-03) Jeff Manquen & Camille Cripps Manquen Site Plan Review, Variance and Conditional Use Permit EXISTING PROPOSED TOTAL RA-S- 2 Zone Setbacks Front: 50 ft. from front easement line Side: 35 ft. from side property line Rear: 50 ft. from rear easement line SINGLE FAMILY RESIDENCE, GARAGE, POOL/SPA, STABLE, 30 SF RESIDENTIAL ADDITION TO ENCROACH IN FRONT SETBACK, RETAINING WALLS EXCEED MAXIMUM 3 FT, BUILDING PAD COVERAGE EXCEED 30%, 1,065 SF STABLE ADDITION. Net Lot Area 189,067 SF 0 189,067 SF Residence 5,680 SF 510 SF 6,190 SF Attached Garage 1,205 SF 0 1,205 SF Swimming Pool/Spa 945SF 0 945 SF Pool Equipment 77 SF 0 77 SF Cabana 0 0 0 Stable minimum: 450 SF Corral minimum: 550 SF 1,715 SF 5,650 SF 1,065 SF 1,150 SF 2,780 SF 4,500 SF Recreation Court 0 SF 0 0 SF Attached Covered Porches, Entryway, Porte Cochere, Breezeways 3,050 SF -3,050 SF 0 SF Attached Trellis 0 0 0 SF Detached Structures: Outdoor Kitchen 105 SF 0 105 SF Front water feature 100 SF -100 SF 0 SF Side water feature 60 0 60 SF Service Yard 125SF 0 75 SF Basement Area 0 0 125 SF Primary Driveway 6,192 SF 0 6,192 SF Paved walks, patio areas, courtyards 2,610 SF 0 6,192 SF Grading (balanced on site) Unknown 1070 cubic yards 1,070 cubic yards (balanced onsite) Total Structure Area 13,062 SF 6,025 SF 19,087 SF % Structural Coverage 6.91% 3.19% 10.10% Total Structures Excluding: up to 5 legal and up to 800 SF detached structures that are not higher than 12 ft (no more than 120 SF per structure per deduction, except for trellis) 12,957 SF 6,025 SF 18,982 SF Structural Lot Coverage (20% maximum) 6.85% 3.19% 10.04% Total Structural and Flatwork Lot Coverage (35% max & with deductions 11,285 SF 510 SF 15.56 SF Building Pad #1 Coverage (30%max & with deductions) 79.44% 0% 64.75% Structures on Building Pad 1 House(30% max & with deductions) 10,554 SF -1,952 SF 8,602 SF Building Pad #2 Coverage Stable (30% max & with deductions 25.18% 7.38 % 33.36% 42 8 Quail Ridge Road North (Zoning Case No. 21-03) Jeff Manquen & Camille Cripps Manquen Structure on Building Pad 2 1,715 SF 487 SF 2,202 SF Building Pad Coverage Pad 3 (30% maximum) Tennis 0 115.23% 115.23% Structures on Building Pad 0 0 SF 0 SF Total Disturbed Area SF 49,750 SF 700 SF 50,450 SF Total Disturbed Area (40% maximum) 26.31.4% 0.37% 26.68% Retaining/Garden Wall Retaining and wall exceed 3 FT in height. stable and stairway Roadway Access No change No change 43 44 45 46 47 Los Angeles County GIS Viewer County of Los Angeles Notes Legend This map is for reference only and should not be used for legal decisions. While the County of Los Angeles makes its best effort to ensure data is accurate, the County makes no representation or warranty of any kind. 0.30.3 Miles0.140 Parcels 48 Los Angeles County GIS Viewer County of Los Angeles Notes Legend This map is for reference only and should not be used for legal decisions. While the County of Los Angeles makes its best effort to ensure data is accurate, the County makes no representation or warranty of any kind. 0.10.1 Miles0.040 Parcels 49 Agenda Item No.: 7.A Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ALAN PALERMO, PROJECT MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:CONSIDER ACCORDION STYLE DOOR AND WINDOWS FOR LAYOUT OPTION 1 FOR THE CITY HALL ADA IMPROVEMENTS PROJECT TO EXPAND THE USABLE FRONT LOBBY SPACE AND PROVIDE DIRECTION TO STAFF. DATE:September 27, 2021 BACKGROUND: In December 2019, the City released a Request For Proposal for Architectural and Engineering Design Services to prepare ADA Improvement Plans for the Rolling Hills City Hall, excluding building exterior path of travel. At the January 27, 2020 City Council Meeting, City Council considered and approved a Professional Services Agreement with Pacific Architecture and Engineering, Inc. to prepare Improvement Plans (ADA and Space Planning). A kick off meeting with Pacific Architecture and Engineering, Inc. was held February 27, 2020. At the May 26, 2020 City Council Meeting, City Council received a presentation from staff on the options developed to bring the restrooms up to date and comply with ADA and related codes. At the July 13, 2020 City Council Meeting, City Council received a presentation from staff with additional information to the two preferred options including opinions of probable costs of construction. At this July 13, 2021 City Council Meeting, City Council voted to move forward with the more economic Option 2 which kept the restrooms in the same location. Option 1 and Option 2 layouts presented at the July 13, 2020 City Council meeting are attached to this report. Pacific Architecture and Engineering, Inc. has submitted the 65% plans for City review on March 9, 2021. This submittal incorporated the restroom option selected at the July 13, 2020 City Council Meeting. The City has reviewed the 65% plans with comments. Before City review comments are returned to Pacific Architecture and Engineering, Inc. to further develop the plans to 90% design, 50 Council member Jeff Piper noted that the City considered the options with the cost estimate capturing the cost to improve the restrooms and not the overall project. Council member Pieper recommended that the City Council revisit the restroom options. In response to Council member Pieper's suggestion, at the April 12, 2021 meeting, the City Council directed staff to provide a comprehensive project cost estimate for restroom layout Options 1 and 2. DISCUSSION: In July 2020, staff was directed to develop layout Option 2 to design completion. In March 2021, design development of Option 2 reached 65%. In response to the City Council's directive from the April 12, 2021 meeting, Pacific Architecture and Engineering Inc.was authorized to use budget dedicated for design of Option 2 to prepare comprehensive project cost estimates for both restroom options/layouts. To do so, Option 1 needed to be developed to the 65% level to have a project cost estimate that can be compared to the project cost estimate of Option 2. Pacific Architecture and Engineering Inc. estimated that at 65% design completion, the overall project cost for implementing Option 2 is approximately $784,390. At 65% design completion, the overall project cost for implementing Option 1 is approximately $952,810. The cost difference between the two options is approximately $168,420. Pacific Architecture and Engineering Inc. estimated that at 10% design completion, the cost estimate to implement restroom improvements only for Option 2 was $268,660. At 10% design completion, the cost estimate to implement restroom improvements only for Option 1 was $671,420. The cost difference between the two restroom improvement options was $402,760. At the June 28, 2021 City Council Meeting, City Council directed staff to add dimensions for the Option 1 layout for additional discussion and review at the July 12, 2021 City Council Meeting. The updated Option 1 layout with dimensions is attached. Using the dimension for Option 1, staff also taped the City Hall lobby to locate the proposed public counter. At the July 12, 2021, the City Council delayed the item to the July 26, 2021 meeting. As an alternative option to Option 1 and to address concerns about limited lobby space, staff has added Option 1B which proposes to replace the lobby glass wall with accordion doors. Opening the accordion doors during special events would almost double the available public space while still being sheltered by the existing eaves, see attachments. FISCAL IMPACT: The cost of implementing the City Hall ADA improvement project is recommended to be budgeted in the Capital Improvement Program for FY 2021-2022. Depending on the City Council's direction after reviewing the additional cost estimates, additional budget will be needed for Pacific Architecture and Engineering Inc. to complete the design development to 100% and prepare construction documents. RECOMMENDATION: Review additional data for the project and provide direction to staff. ATTACHMENTS: 2020_rolling hills city hall _option1_202006008 Layout1 (1).pdf 2020_rolling hills city hall _option2_202006008d Layout1 (1).pdf 51 20210707_option 1_alt Layout1 (1)_with dims.pdf OPTION 1B.pdf Sample Accordion Doors.pdf 52 53 54 55 56 57 58 Agenda Item No.: 8.A Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ELAINE JENG, CITY MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PRESENTATION FROM SOUTHERN CALIFORNIA EDISON ON INFORMATION IN THE ANNUAL RELIABILITY REPORT AND UPCOMING IMPROVEMENT PROJECTS. DATE:September 27, 2021 BACKGROUND: At the September 13, 2021 meeting, the Council received and filed the Southern California Edison (SCE) annual reliability report for 2021 under the consent calendar. Under Matters from the City Council, Mayor Bea Dieringer requested the City Council to discuss the capital improvement projects slide of the annual reliability report for 2021 (slide 16) and noted that the City Council should formally request that SCE provide more information on the upcoming projects beyond the information shown on the referenced slide. Mayor Dieringer also noted that of the four electric circuits serving the City, data showed that the Feldspar circuit serving her area, has the worst performance under SAIDI (in minutes - the cumulative amount of time the average customer is interrupted by sustained outage) in 2020. Mayor Pro Tem Jim Black noted that slide 16 showed that there is a pole replacement planned near his property and he would like more information about the pole replacement. He supported Mayor Dieringer in her request to discuss among the City Council additional information needed on SCE's upcoming projects. Mayor Pro Tem Black also noted that the Mayor has the ability to place items on the agenda for discussion. The City Council did not object to discussing the SCE upcoming projects for the September 27, 2021 meeting. DISCUSSION: Staff contacted SCE Government Relations Manager for Rolling Hills, Connie Turner and asked Ms. Turner to attend the September 27, 2021 City Council meeting to make a presentation responding to Mayor Dieringer and Mayor Pro Tem Black's inquiries from the September 13, 2021 City Council meeting. Ms. Turner noted that Performance Resource Supervisor of the South Bay Scheduling Department, Michael Glenn will be invited to attend the September 27, 2021 City Council meeting. 59 FISCAL IMPACT: There is no fiscal impact to receiving a presentation from Southern California Edison. RECOMMENDATION: Receive and file a presentation from the Southern California Edison, and pose questions, if any, to the utility company on the presentation. ATTACHMENTS: RollingHillsReliabilityReport2021.pdf 60 Circuit Reliability Review Rolling Hills 2021 61 2 •Southern California Edison (SCE) is an Edison International company •One of the nation’s largest electric utilities •More than 130 years of history •Headquartered in Rosemead, California •Regulated by the California Public Utilities Commission (CPUC) and the Federal Energy Regulatory Commission (FERC) •50,000 square miles of SCE service area across Central, Coastal, and Southern California •15 million residents through 5 million customer accounts •445 communities and 13 Native American tribes Who We Are 62 Our Grid To deliver safe, reliable, and affordable power, we monitor and maintain a vast electricity system 730,000 Transformers 119,000 Miles of Transmission and Distribution Lines 4,600 Circuits 1.4 Million Poles 50,000 Square Miles 363 Strengthening and Modernizing the Grid •Infrastructure reliability –updating underground cables, poles, switches, and transformers •Wildfire mitigation –hardening infrastructure, bolstering situational awareness capabilities, and enhancing operational practices •Transmission –connecting renewables, installing new substations, and updating lines •Grid readiness –updating the grid for impacts from new technologies •Long-term energy policy –supporting energy storage, electric vehicles, and renewables SCE plans to spend more than $5B each year to maintain, improve, and harden its infrastructure SCE’s investments support safe, reliable, affordable, and clean energy for our customers 2020 Capital Investments 235 miles of underground cable replaced 97 miles of overhead conductor replaced for public safety 11.1k distribution poles replaced 3.6k transmission poles replaced 79 underground structure replacements 464 Protecting Public Safety: Wildfire Mitigation Activities 2020 Year-End Progress Report –Data as of 12/31/20 565 Protecting Public Safety: Public Safety Power Shutoffs 6 •To reduce the threat of wildfires, SCE implements Public Safety Power Shutoffs (PSPS) to temporarily shut off power to some customers in areas with a high risk for wildfires to prevent the electric system from becoming the source of ignition •PSPS is used as a measure of last resort to protect public safety under dangerous fire weather conditions, including high winds, low humidity, and dry vegetation •Multiple methods are used to notify people in affected areas before, during and after a PSPS event •SCE provides resources to support customers during PSPS and offers several programs and rebates to help customers be prepared and more resilient during emergencies •SCE is working to reduce the impact of PSPS and is continuing to strengthen the electric grid to become more resilient in the face of extreme weather events 66 Pathway 2045: Key steps California must take to reach carbon neutrality Creating a Clean Energy Future 7 100% of grid sales with carbon-free electricity 80 GW of utility-scale clean generation 30 GW of utility-scale energy storage 70% of all buildings will use efficient electric space and water heating 90% fewer GHG emissions from all- electric homes 26 million electric vehicles Over 1 million electrified medium and heavy duty vehicles 50% reduction in natural gas consumption 40% of the remaining natural gas is biomethane and hydrogen 67 Reliability Overview 868 What is Reliability? •In simplest terms: Having dependable electricity when you need it. •Outages: •Maintenance outages (aka planned outages) •Repair outages (aka unplanned outages) •Sustained Outage = An outage lasting > 5 minutes •Momentary Outage = An outage lasting ≤ 5 minutes •Public Safety Power Shutoff (PSPS) 9 Major Event Day (MED) : A day in which the daily system SAIDI exceeds a threshold value. For the purposes of calculating daily system SAIDI, any interruption that spans multiple calendar days is accrued to the day on which the interruption began. Statisticall y, days having a daily system SAIDI greater than a threshold value are days on which the energy delivery system experienced stresses beyond th at normally expected (such as severe weather). Public Safety Power Shutoff (PSPS) : An operational protocol that SCE implements under extreme weather conditions in order to minimize the threat of wildfires and keep communities safe from potentially dangerous situations. These types of sustained outages ar e temporary and usually involve situations where high fire areas are experiencing adverse weather or public safety is at risk. 69 How Do We Measure Reliability? 1070 11Overview of Rolling Hills There are 4 circuits that serve Rolling Hills 1 Circuit Type Customers Circuit Type Customers Circuit Type Customers Circuit Type Customers FELDSPAR(16KV)1,465 --- SILICONE(16KV)1,999 --- STATLER(16KV)1,673 --- SURREY(4.16KV)90 --- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Grand Total 5,227 Note: The number of customers listed represents the total number of customers on each circuit (not the local jurisdiction). 1171 BarChart SCE SYSTEMWIDE **Data is as of 03/16/2021, data can be slightly different due to outage data validation process Rolling Hills Reliability History of Circuits Serving Rolling Hills (No Exclusions) **“Exclusions” are days which utilities are allowed to remove from their metrics because the outages on those days were caused by acts of nature. 460.4 154.8 156.1 77.9 139.7 136.8 178.0 201.3 0.0 50.0 100.0 150.0 200.0 250.0 300.0 350.0 400.0 450.0 500.0 2017 2018 2019 2020 SAIDI (average minutes of sustained interruptions) 2.7 1.3 1.8 1.11.2 0.9 1.4 1.1 0.0 0.5 1.0 1.5 2.0 2.5 3.0 SAIFI (average frequency of sustained interruptions) 1.9 0.3 1.6 2.2 1.8 1.4 1.4 1.4 0.0 0.5 1.0 1.5 2.0 2.5 MAIFI (average frequency of momentary interruptions) 1272 SAIDIChart SAIDI = the cumulative amount of time the average customer is interrupted by “sustained” outages each year. Causes of Repair Outages in Rolling Hills 2020 Equipment Failure 20.8% Operation 25.5% Other 26.5% Vegetation /Animal 20.6% Weather /Fire /Earthquake 6.6% Contributions to SAIDI by Outage Cause▪Equipment Failure e.g., in-service failure of transformer, switch, or conductors ▪Vegetation/Animal e.g., tree branch, rodent, or bird causing a short circuit between conductors ▪Other e.g., patrolled but no cause found ▪Operations e.g., urgent maintenance w/o 3-day notice ▪3rd Party e.g., balloon, car hit pole, dig-in ▪PSPS e.g., Public Safety Power Shutoff 1373 SAIFIChart SAIFI = the number of times the average customer is interrupted by “sustained” outages each year Causes of Repair Outages in Rolling Hills 2020 Equipment Failure 5.3% Operation 47.1% Other 14.6% Vegetation /Animal 15.7% Weather /Fire /Earthquake 17.4% Contributions to SAIFI by Outage Cause ▪Equipment Failure e.g., in-service failure of transformer, switch, or conductors ▪Vegetation/Animal e.g., tree branch, rodent, or bird causing a short circuit between conductors ▪Other e.g., patrolled but no cause found ▪Operations e.g., urgent maintenance w/o 3 -day notice ▪3rd Party e.g., balloon, car hit pole, dig-in ▪PSPS e.g., Public Safety Power Shutoff 1474 1575 1676 Back-up Slides Reliability Histories of Circuits Serving Rolling Hills Updated through Dec 2020 1777 CitySummary SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI 460.4 2.7 1.9 154.8 1.3 0.3 156.1 1.8 1.6 16.9 0.4 -56.8 0.7 1.2 0.4 0.0 0.3 3.8 0.0 0.6 77.9 1.1 2.2 3rd Party ------10%31%53%--------------- Equipment Failure 32%41%26%62%56%91%79%56%26%69%84%-78%74%61%64%4%-8%28%48%73%75%48% Operation 14%8%-5%6%-2%0%-18%9%-1%1%----92%72%-9%4%- Other 21%32%27%0%0%-6%4%20%---4%1%27%36%96%100%--52%3%3%45% Vegetation/Animal 0%0%29%22%34%9%4%10%2%---2%2%-------1%1%- Weather/Fire/Earthquake 33%19%18%10%3%----13%7%-15%23%12%------14%17%7% PSPS ------------------------ SCE SYSTEMWIDE 139.7 1.2 1.8 136.8 0.9 1.4 178.0 1.4 1.4 17.1 0.2 0.3 17.2 0.2 0.4 17.4 0.3 0.4 95.5 0.4 0.4 201.3 1.1 1.4 Average Reliability of 4 Circuits Serving Rolling Hills 4th Qtr 2020 20202017201820191st Qtr 2020 2nd Qtr 2020 3rd Qtr 2020 4 Circuits Serving Rolling Hills -- Total Customers: 5,544 Notes: No outages are excluded from the metrics. Outage Causes: Other: e.g., patrolled but no cause could be found Operations: e.g., urgent maintenance w/o 3-day notice to customers 3rd Party: e.g., balloons, car hit pole, dig-in Vegetation/Animal: e.g., tree branch, rodent, or bird causing short circuit across conductors PSPS: e.g., Public Safety Power Shutoff SAIDI (minutes) = the cumulative amount of time the average customer is interrupted by “sustained” (longer than 5 minutes) ou tages. SAIFI (interruptions) = the number of times the average customer is interrupted by “sustained” outages. MAIFI (interruptions) = the number of times the average customer is interrupted by “momentary " (lasting 5 minutes or less) outages. 1878 CircuitHistory1 SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI SAIDI SAIFI MAIFI FELDSPAR(16KV) - Customers: 1,477 172.6 1.1 2.0 186.9 1.3 0.4 19.7 0.1 -45.1 1.1 -120.4 1.1 ----12.2 0.0 1.0 177.7 2.1 1.0 3rd Party ------------------------ Equipment Failure 25%3%-92%97%100%28%9%-95%97%-96%96%------100%89%96%100% Operation 4%1%-8%3%-3%3%----0%0%----100%100%-7%1%- Other ------54%29%---------------- Vegetation/Animal --50%---14%59%----3%4%-------2%2%- Weather/Fire/Earthquake 72%96%50%------5%3%----------1%1%- PSPS ------------------------ SILICONE(16KV) - Customers: 2,254 514.2 4.3 1.9 209.8 2.0 0.4 305.4 3.1 3.0 2.0 0.0 -33.4 0.6 1.9 ------35.4 0.6 1.9 3rd Party ------5%20%67%--------------- Equipment Failure 57%54%57%59%44%100%94%80%33%---100%100%100%------94%95%100% Operation 3%3%-3%6%-1%0%-100%100%----------6%5%- Other 40%43%43%0%0%------------------- Vegetation/Animal 0%0%-38%50%------------------- Weather/Fire/Earthquake ------------------------ PSPS ------------------------ STATLER(16KV) - Customers: 1,722 620.9 1.5 1.9 7.0 0.1 0.1 80.3 1.8 1.1 7.9 0.1 -35.5 0.5 1.6 1.3 0.1 1.1 1.8 0.0 1.0 46.4 0.7 3.6 3rd Party ------36%57%---------------- Equipment Failure 0%1%-13%6%-15%1%-12%5%----64%4%-52%50%-6%2%- Operation 32%36%-87%94%-4%1%-88%95%-1%2%----48%50%-18%11%- Other 0%1%24%---25%11%92%---20%3%69%36%96%100%--100%16%13%87% Vegetation/Animal --58%--100%20%30%8%--------------- Weather/Fire/Earthquake 67%63%18%---------79%96%31%------61%74%13% PSPS ------------------------ SURREY(4.16KV) - Customers: 91 91.1 1.0 2.0 917.9 3.0 1.0 ---104.4 2.0 -9.6 0.1 ------1.0 114.0 2.1 1.0 3rd Party ------------------------ Equipment Failure ---13%33%100%---6%50%---------100%5%48%100% Operation ------------100%100%-------8%4%- Other ------------------------ Vegetation/Animal --50%--------------------- Weather/Fire/Earthquake 100%100%50%87%67%----94%50%----------86%48%- PSPS ------------------------ Reliability Histories for Individual Circuits Serving Rolling Hills - 1 of 1 2017 2018 2019 1st Qtr 2020 2nd Qtr 2020 3rd Qtr 2020 4th Qtr 2020 2020 1979 Agenda Item No.: 8.B Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ALAN PALERMO, PROJECT MANAGER THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PRESENTATION FROM KOSMONT TRANSACTION SERVICES ON POTENTIAL FINANCING OPTIONS FOR FUNDING CAPITAL IMPROVEMENT PROJECTS. DATE:September 27, 2021 BACKGROUND: The City has several Capital Improvement Projects (CIP) and would like to evaluate various options available to it to finance the cost of the improvements contained in these CIP's. One current CIP the City is interested and pursuing financing options is the City Hall ADA Improvement Project. The City has already applied for and been approved for a loan from the California Joint Powers Insurance Authority (JPIA) through the ADA Financing Program in the amount of $300,000 and is seeking other financing options to bridge the gap between the JPIA loan the City Hall ADA Improvement Project costs. The City has engaged the services of Kosmont Transaction Services (KTS) to gain knowledge of the City’s policy and financial goals and objectives related to CIP's. KTS has prepared a presentation outlining the various options for action by the City should the City Council determine it desires to undertake a financing program to fund the CIP. KTS presentation is attached and will be part of the presentation for this item. DISCUSSION: KTS Presentation walks through the different options available to finance the funding gap in the City Hall ADA Improvement Project. In the presentation KTS also included the costs of the Rolling Hills Road Sewer Improvement Project (identified as Sewer Upgrades in the presentation). KTS Presentation outlines several types of Bonds that could be used to generate the funds needed today to finance and complete the project(s) and be paid back over a period of time. Each type of Bond has different and specific requirements which KTS discusses. Using one of these financing options reduces the amount of up front funding needed to complete the ADA and spreads out the cost over the life the bond which will be determined at the time of the bond offering and can be budgeted into the City's 80 annual budget. FISCAL IMPACT: The cost of issuing the bonds is included in the cost of the bond offering (Municipal Advisor) and the annual payments (average annual debt service). RECOMMENDATION: Provide direction to staff to consider/move forward with pursuing one of the financing options presented. ATTACHMENTS: Rolling Hills CIP Presentation 20210927 vF.pdf 81 1601 N. Sepulveda Blvd., #382 Manhattan Beach, CA 90266 TEL: 424-297-1070 | URL: www.KosmontTransactions.com Overview of Options to Finance Capital Improvement Plan CITY OF ROLLING HILLS, CA CITY COUNCIL PRESENTATION SEPTEMBER 27, 2021 Presented by: Larry J. Kosmont,CRE®,President | Kosmont Transactions Services | lkosmont@KosmontTransactions.com Dan Massiello, Sr. VP & Chief Compliance Officer | Kosmont Transactions Services | dmassiello@KosmontTransactions.com 82 CONTENTS TOPIC SLIDE Executive Summary 3 How Do California Cities Obtain Financing?4 What Are Municipal Bonds?5 Diagram Of How Money And Securities Flow 6 Typical Transaction Team 7 Tax Exempt And Taxable Municipal Bonds 8 Kosmont Transactions Services | Proprietary Do Not Duplicate |2 TOPIC SLIDE Types Of Bond Sales And Basic Process 9 Types Of Obligations 10 Certain Municipal Bond Characteristics 14 Example Bond Cashflows 15 Initial Conclusions For Consideration 17 Appendix-Additional Information 19 83 EXECUTIVE SUMMARY City of Rolling Hills (“City”) has approximately $2.642 million of capital improvements for Sewer Infrastructure and City Hall upgrades in its Capital Improvement Plan (“CIP”) City has identified various potential funding sources for CIP, but anticipates a “funding gap” Kosmont Transactions Services | Proprietary Do Not Duplicate |3 Project Cost Funding Gap Sewer Upgrades $1,642,000 ARPA 2021 $220,000 ARPA 2022 221,000 Subtotal 441,000 $1,201,000 City Hall Improvements 1,000,000 CJPIA Loan (?)300,000 700,000 Totals $2,642,000 $741,000 $1,901,000 Current Funding City Manager asked KTS to present to the City Council various options to finance the funding gap This presentation explains the basic features of municipal securities and various options for consideration by the City to access the capital marketplace and finance the funding gap 84 HOW DO CALIFORNIA CITIES OBTAIN FINANCING? The California Constitution prescribes how Cities and other public agencies may incur “debt” A “debt” represents an obligation to repay borrowed money Generally speaking, issuing debt in CA requires an affirmative vote of 2/3 of the citizenry (certain exceptions for schools and other special districts) There are alternative ways to raise capital without issuing “debt” Public agencies are allowed to enter operating leases; must meet certain criteria Lease-backed obligations do not require a vote and are a popular approach in California to issue securities to raise capital to pay for projects Lease Revenue Bonds and Certificates of Participation are examples of lease-backed municipal securities Kosmont Transactions Services | Proprietary Do Not Duplicate |485 WHAT ARE MUNICIPAL BONDS? “Municipal Bonds” refers to securities issued in the capital markets whereby a public agency “borrows” money from investors and promises to repay over time, with interest Bonds operate similarly to loans one might get from a bank, but they are “securities” and generally can be bought and sold in the capital markets Bonds can be “secured” by and repaid with various types of taxes and revenues In California, a public agency generally may not issue “debt” without a popular vote, so other types of obligations are typically issued Lease Revenue Bonds are secured by payments to be made under the terms of a lease Market conditions, credit rating and repayment term determine the interest rate Kosmont Transactions Services | Proprietary Do Not Duplicate |586 DIAGRAM OF HOW MONEY AND SECURITIES FLOW Kosmont Transactions Services | Proprietary Do Not Duplicate |6 Bond Issuer Capital Markets Investors Investment Funds, Private Individuals, Banks, etc. Secondary Markets $$ Money Bonds $$ Money Bonds Trustee 87 TYPICAL TRANSACTION TEAM Municipal Advisor Represents and has fiduciary duty to public agency Underwriter Distributes securities in capital markets Bond Counsel Ensures compliance with CA laws and tax regulations Disclosure Counsel Prepares disclosure documents(e.g.Official Statement) Trustee Independent financial entity that handles funds, has fiduciary duty to bondholders Underwriter’s Counsel Ensures Underwriter’s compliance with SEC regulations Kosmont Transactions Services | Proprietary Do Not Duplicate |788 TAX EXEMPT AND TAXABLE MUNICIPAL BONDS Kosmont Transactions Services | Proprietary Do Not Duplicate |8 Tax -exempt –interest receipts of investor exempt from federal and state taxation Tax advantage means lower interest rate Proceeds must be used to finance public purpose capital improvements “Reasonable expectations” to spend bond proceeds ~ 3 years Taxable –interest of investor receipts subject to federal taxation (but usually not state) Use of proceeds for private (not public) purposes Non-capital financing (e.g.working capital; Pension Obligation Bonds) 89 TYPES OF BOND SALES AND BASIC PROCESS Competitive Hire finance team (led by Municipal Advisor) to structure bonds, prepare offering documents (including Official Statement) Solicit competitive bids from investor community (Underwriters) at predetermined date/time Winning bidder pays for Bonds per sale terms on closing date Negotiated –Public Offering Hire finance team (led by Municipal Advisor), including Underwriter, to structure bonds, prepare offering documents (including Official Statement) Underwriter solicits investors on predetermined but flexible date and pays for bonds per terms of purchase contract on closing date Negotiated –Limited Offering or Private Placement Hire finance team (led by Municipal Advisor), including Placement Agent instead of Underwriter Placement agent identifies one or small group of investors Structure bonds and prepare offering documents (limited, no Official Statement); term usually limited to ~15 years (not 30) Investor(s) buy bonds from issuer on closing date 90 TYPES OF OBLIGATIONS General Obligation (“GO”) Bonds Require 2/3 approval by registered voters (not property owners, with some exceptions) Ballot measure defines projects that can be financed Can be somewhat broad Authorized issuance amount GOs in California are not General Fund obligations Direct tax included on property tax bill, paid directly to Trustee (or Paying Agent) Unlimited, ad valorem tax Millage rate to raise annual debt service requirement applied to all taxable assessed property Growth in assessed value through property sales and 2% annual escalation re-distribute tax burden Considered most secure/highest quality bond Kosmont Transactions Services | Proprietary Do Not Duplicate |1091 TYPES OF OBLIGATIONS cont. Lease Revenue Bonds (“LRBs”) and Certificates of Participation (“COPs”) Lease-based financing City leases assets to a third party then leases assets back Generally assets must be of equal or greater valued than amount of Bonds Third-party can be Joint Powers Authority (“JPA”) (LRBs) or non-profit corporation (COPs) Annual Lease Payments are used to pay debt service Lease payment stream provides cashflow for bonding; assigned by JPA to investors/bond owners Lease payments made from “legally available resources” of the General Fund Payments subject to annual appropriation by City Council and abatement if asset is unusable No voter approval required Essentiality of assets, strength of General Fund determine credit quality Most likely option for City of Rolling Hills Kosmont Transactions Services | Proprietary Do Not Duplicate |1192 TYPES OF OBLIGATIONS cont. Enterprise Revenue Bonds Enterprise revenue bonds secured by pledge of “Net Revenues” Net Revenues = Gross Operating Revenues –(O&M –depreciation –non-cash charges) Bondholder does not have a security interest in the operating assets Improvements limited to system/enterprise Proposition 218 (voter-approved charges and fees) Considered high quality bond Usually underlying obligation is an “installment purchase contract”; more secure than a lease Monopoly operator of essential service with control over rate-setting policy CIP sewer projects may be eligible for this type of structure, if City has separate sewer fee revenue Kosmont Transactions Services | Proprietary Do Not Duplicate |1293 TYPES OF OBLIGATION cont. Assessment & Special Tax Bonds Used to finance improvements for undeveloped or developed properties and services in certain cases Issuer is City on behalf of financing district; Hearing is required to establish district Security comes from two sources Assessments / special taxes collected from within specified area only Delinquent properties foreclosed upon, hence “land secured” Assessment Bonds impart special benefit, require finding per Proposition 218 Fund prescribed improvements Majority vote by property owners Weighted based on benefit received and amount to be assessed Special tax (Mello-Roos) Bonds City must establish CFD guidelines 2/3 majority of registered voters, or if <12, then landowners Tax, not assessment, therefore no special benefit finding under Proposition 218 Kosmont Transactions Services | Proprietary Do Not Duplicate |1394 CERTAIN MUNICIPAL BOND CHARACTERISTICS Kosmont Transactions Services | Proprietary Do Not Duplicate |14 Bond Terminology Optional redemption / call protection / call premium 10-year call protection common Funds and accounts Capitalized Interest Fund –fund early interest payments during construction Debt Service Reserve Fund -protects against possible shortfalls Serial maturities and Term Bonds “Sinking Fund” redemptions Par, premium or discount bond Coupon versus yield Issuance of parity debt / additional bonds test / coverage test Protects bondholders’ security position Sets parameters for future debts issues against same revenues 95 EXAMPLE BOND CASHFLOWS FINANCE FUNDING GAP -$1.901 MILLION Public Offering,30 Years Kosmont Transactions Services | Proprietary Do Not Duplicate |15 Par Amount of Bonds $2,165,000 Deposit to Project Fund $1,901,000 Estimated Costs of Issuance $150,000 Debt Service Reserve Fund $111,197 Contingency $2,803 Total Uses $2,165,000 Average Annual Debt Service $105,000 Total P&I Over Life of Bonds $3,261,171 Par Amount of Bonds $2,188,000 Deposit to Project Fund $1,901,000 Estimated Costs of Issuance $100,000 Debt Service Reserve Fund $180,058 Contingency $3,942 Total Uses $2,185,000 Average Annual Debt Service $166,000 Total P&I Over Life of Bonds $2,672,483 Private Placement, 15 Years Estimates for discussion purposes only; preliminary and subject to change 96 Kosmont Transactions Services | Proprietary Do Not Duplicate |16 EXAMPLE BOND CASHFLOWS FINANCE ENTIRE CIP -$2.642 MILLION Par Amount of Bonds $2,945,000 Deposit to Project Fund $2,642,000 Estimated Costs of Issuance $150,000 Debt Service Reserve Fund $150,195 Contingency $2,805 Total Uses $2,945,000 Average Annual Debt Service $147,863 Total P&I Over Life of Bonds $4,285,686 Par Amount of Bonds $2,990,000 Deposit to Project Fund $2,642,000 Estimated Costs of Issuance $100,000 Debt Service Reserve Fund $246,850 Contingency $1,150 Total Uses $2,990,000 Average Annual Debt Service $243,853 Total P&I Over Life of Bonds $3,410,942 Public Offering,30 Years Private Placement, 15 Years Estimates for discussion purposes only; preliminary and subject to change 97 INITIAL CONCLUSIONS FOR CONSIDERATION Kosmont Transactions Services | Proprietary Do Not Duplicate |17 Currently low interest rate environment makes this a good time to issue securities if necessary Multiple ways to access capital markets to obtain financing Quicker market access by utilizing lease/leaseback structure vs. GO Bonds Lease Revenue Bonds or COPs No public vote required Potential issue size of less than $5 million may be better suited for Private Placement Usually lower issuance costs as % of financing However, term generally limited to 15-year repayment 98 1601 N. Sepulveda Blvd., #382 Manhattan Beach, CA 90266 TEL: 424-297-1070 | URL: www.KosmontTransactions.com THANK YOU –ANY QUESTIONS? PRESENTED BY: LARRY J. KOSMONT DAN MASSIELLO CHAIRMAN & CEO SR. V.P. & CHIEF COMPLIANCE OFFICER LKosmont@KosmontTransactions.com DMassiello@KosmontTransactions.com Kosmont Transactions Services,Inc.(KTS)is an Independent Registered Municipal Advisor with the SEC and the MSRB and is acting as a “Fiduciary”to the City for purposes of this engagement and presentation.KTS does not provide accounting, tax or legal advice.Information included in this presentation is provided for discussion purposes only .Such information reflects KTS’s views as of the date hereof (unless otherwise noted)and is subject to change without notice .Any terms and conditions discussed herein are preliminary until confirmed in a definitive written agreement. KOSMONT TRANSACTIONS SERVICES 99 APPENDIX Kosmont Transactions Services | Proprietary Do Not Duplicate | TOPIC SLIDE Kosmont Transactions Services, Inc.A-1 Typical documentation A-2 Credit analysis A-6 100 KOSMONT TRANSACTIONS SERVICES, INC. Access to over 15 Professionals with a wide range of experience Former public agency officials (City Manager, Community Development, Finance, Economic Development) Public Finance professionals including investment banking experience Integrated Economic Development, Real Estate & Financial Advisory Services Project Finance (KTS) •Taxable/Tax-Exempt municipal bonds •Public-Private Partnerships (P3), Lease/Leaseback •Vast array of private lenders, offering multiple alternatives to any project Real Estate •Real estate brokerage & advisory, valuation (BOV ), asset management •Developer Agreement negotiations, proforma analysis, gap analysis Economic Development 2.0 •Enhanced Infrastructure Financing District and other TIF tools: over 25 Districts in process •Experts on “sustainability/climate action” and economic development legislation RDA Dissolution Experience •Tax Allocation Bond refundings •Successor agency management •Oversight Board experience Kosmont Transactions Services | Proprietary Do Not Duplicate |A-1 KOSMONT TRANSACTIONS SERVICES,INC .(“KTS”) is an Independent Registered Municipal Advisor and one of three integrated firms dedicated to the pursuit of economic development opportunities for our clients 101 TYPICAL DOCUMENTATION Kosmont Transactions Services | Proprietary Do Not Duplicate |A-2 Trust Indenture Binding Contract between Issuer and Trustee, for benefit of bondholders Sets forth flow of funds Receipt of revenue, how it’s allocated (i.e. “waterfall”) Contains covenants and promises of issuer Permitted investments with bond proceeds Levy and collection of taxes or rates/charges Events of default and remedies Terms of discharge / defeasance 102 TYPICAL DOCUMENTATION cont. Kosmont Transactions Services | Proprietary Do Not Duplicate |A-3 Official Statement Disclosure document, akin to prospectus Must contains all material information to make informed investment decision Materiality question of judgment Preliminary Official Statement Initial document distributed to investors for pre-marketing Sale terms (pricing, redemption, maturities) usually only information missing Final Official Statement Filed with MSRB Each investor receives a copy 103 TYPICAL DOCUMENTATION cont. Kosmont Transactions Services | Proprietary Do Not Duplicate |A-4 Leases Lease/leaseback requires two leases between two parties, usually City and a JPA Facilities Lease Transfers interest in assets from City to third party (bond issuer) in consideration of issuing the bonds and providing the bond proceeds to the City (up front lease payment) Lease Agreement Transfers interest in assets back to the City in consideration of annual rent (lease) payments Rental payments = debt service payments Third party’s right to receive payments assigned to the Trustee via Assignment Agreement Together they set forth length (term), covenants, remedies upon default, redemption provisions and rental payments 104 TYPICAL DOCUMENTATION cont. Kosmont Transactions Services | Proprietary Do Not Duplicate |A-5 Purchase Contract Sets forth the of the Bond sale to Underwriter Description of the Bonds Maturities, coupons, yields, payment dates, call fatures Representations of Issuer Procedures undertaken to authorize issuance Disclosure of material information (e.g. no pending lawsuits) Responsibility for issuance expenses Rights of termination Market conditions Material events 105 CREDIT ANALYSIS Kosmont Transactions Services | Proprietary Do Not Duplicate |A-6 Bond Ratings Three major rating agencies Independent assessment of receipt timely payments Dispassionate review of the facts Financial condition, demographics Major customers / taxpayers Strength of legal structure (covenants and remedies) Rating makes bonds “homogeneous” for pricing purposes Better rating means better interest rates Bonds priced at a “spread” to “Aaa / AAA” rated bonds Bonds issued as “Non-Rated” require more pre-marketing –lose benefit of benchmark "Investment Grade" Ratings Level Moody's S&P Fitch Highest Aaa AAA AAA Aa1 AA+AA+ High Aa2 AA AA Aa3 AA-AA- A1 A+A+ Middle A2 A A A3 A-A- Baa1 BBB+BBB+ Low Baa2 BBB BBB Baa3 BBB-BBB- Below Investment Grade Ba1 & lower BB+ & lower BB+ & lower 106 CREDIT ANALYSIS cont. Kosmont Transactions Services | Proprietary Do Not Duplicate |A-7 Credit Enhancement Bond insurance lowers interest rate for a premium Purchase AA rating if needed/eligible Insurer makes financial commitment Guarantees timely payment of principal and interest Pay an upfront premium based on debt service Economic decision –cost of insurance versus credit spread 107 Agenda Item No.: 8.C Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:ASHFORD BALL, SENIOR MANAGEMENT ANALYST THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:RECEIVE AND FILE A REPORT UPDATE ON THE CAL OES GRANT PROJECT CREST ROAD EAST UNDERGROUNDING PROJECT DATE:September 27, 2021 BACKGROUND: The City applied for grant funds through FEMA Hazard Mitigation Program and in September 2020 the City was awarded federal funding to underground utility infrastructure along Crest Road East from the eastern city limits to the frontage of 67 Crest Road East. City staff held a kick-off meeting with SCE on January 13, 2021. SCE commenced with their work by performing a site visit and measurements to confirm scope and limits of work and preparation of a Rough Order of Magnitude (ROM) estimate for the project. The ROM was submitted to the City on February 25, 2021. The next step was the creation of an Underground Utility District as required by SCE Rule 20A requirements for SCE to continue with design efforts. At the May 10, 2021 City Council Meeting, City Council adopted Resolution No. 1275 to establish an Underground Utility District and set a public hearing for the June 14, 2021 City Council Meeting. Letters were sent on May 19, 2021 to all property owners whose property or portion of their property fall within the proposed Underground Utility District to notify them on the formation of the Underground Utility District and the public hearing that would take place at the June 14, 2021 City Council meeting. There were no complaints or issues during the public hearing from community members or the public. The approved Resolution was sent to Southern California Edison on Wednesday June 16, 2021. An additional letter was sent out to community members regarding the project on Wednesday July 28, 2021 in order to keep community members engaged and informed about the project. More recently, Senior Management Analyst Ashford Ball joined City staff in May 2021 and replaced the previous Project Manager Alan Palermo on execution of the project in August 2021. DISCUSSION: The grant the City received for this project requires the project to be completed by May 7, 2023 in order t o use the grant funds awarded to the City; therefore any design and construction delays could jeopardize the availability and use of the grant funds designated for this project. Typical projects such 108 as these take 36 months for completion. The City has projected for the pre-liminary design to be completed in December 2021 and final Design completed by January 2022. There have been concerns about who will pay for the laterals from the mainline to the meter boxes extending beyond 100'. SCE considers the 100’ rule as a guideline as some laterals are longer than 100’ and others shorter than 100’. The project will pay all the way to the electric meters and convert the meters at no cost to the city or property owners. SCE will not stop a the 100’ mark. Some services will be less than 100’ and others longer than 100’. Per the Rule 20A Tariff al l services within the scope of work must be converted to underground power. So, when the resolution states all overhead utilities must convert to underground that would include overhead service lines. Cities/counties can choose to opt out of service line re-connection, but if they do then the property owners would have to convert at their own expense, as all services must be converted to underground feed to qualify for Rule 20A funding. On Thursday September 16, 2021 SCE conducted their field meeting which was exclusive to SCE attendees. During this meeting, SCE personnel walked the site with planners to anticipate any issues with the development of the trench or undergrounding process. Currently, SCE projects the City will still have the same scope of work and timeline but the design will be expedited in order to meet grant deadlines and project completion. Due to City funding and Rule20A allocations being used on the project, the design portion has been divided into two design teams occurring at the same time. Staff is waiting to receive a design drawing to present during a City Council Meeting and plans to meet with SCE Project Manager to discuss more details of the project, discuss potential issues that could arise, timelines, and receive additional information. FISCAL IMPACT: None. RECOMMENDATION: Staff recommends for the City Council to receive and file this update report. ATTACHMENTS: Exhibit A - Underground Utility District Limits Exhibit_Parcels_V1.pdf 109 Overhead Lines to be RemovedLimits of Utility Underground DistrictEast City LimitsABCDEFGHIJKMLExhibit "A"110 Agenda Item No.: 8.D Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:MEREDITH ELGUIRA, PLANNING DIRECTOR THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:PSA WITH MNS CONSULTING TO APPLY FOR GRANTS FOR THE CONSTRUCTION OF THE SEWER MAIN PROJECT. DATE:September 27, 2021 BACKGROUND: Established in 1962, MNS is a full-service civil engineering firm that provides infrastructure consulting services to the transportation, water resources, and government service markets throughout California. MNS specializes in the core services of civil engineering, construction management and inspection, land surveying, and specialty municipal services including grant writing and funding assistance. In 2019, MNS Engineering, Inc. (MNS) provided professional services to prepare FEMA/CalOES grant applications and responded to information requests by the grantor. MNS also provided assistance when staff needed to respond to the grantor's quick turn-around deadlines and helped re-establish records that the City were missing. Today, the City desires to contract MNS Engineering, Inc. to provide loan application services for the Clean Water State Revolving Funds to fund the City's proposed 8" sewer project. DISCUSSION: The Clean Water State Revolving Fund (CWSRF) program is a federal-state partnership that provides communities low-cost financing for a wide range of water quality infrastructure projects. The CWSRF was created by the 1987 amendments to the Clean Water Act (CWA) as a financial assistance program for a wide range of water infrastructure projects, under 33 U.S. Code §1383. States have the flexibility to fund a range of projects that address their highest priority water quality needs. Using a combination of federal and state funds, state CWSRF programs provide loans to eligible recipients to: construct municipal wastewater facilities, control nonpoint sources of pollution, build decentralized wastewater treatment systems, create green infrastructure projects, protect estuaries, and fund other water quality projects. 111 The City of Rolling Hills is considering hiring MNS to prepare a loan application to fund the City's proposed 8" sewer project. The design completion of the 8" sewer main along Portuguese Bend Road/Rolling Hills Road is anticipated in the fourth quarter of 2021. At each design milestone, the engineering cost estimate is refined with additional details. The current estimate for construction cost is $1,641,960. The estimate includes the upsizing of the existing 8" sewer main along Rolling Hills Road required by the Los Angeles County Sanitation and the City of Torrance, at three different locations. The estimate also includes the construction of the 1,585 linear feet of a new 8" sewer main along Rolling Hills Road into the City of Rolling Hills. The cost of installing the 1,585 linear feet of new pipe is $665,700 of the total $1,641,960. FISCAL IMPACT: MNS proposes to provide the loan application services for a total fee of $19,770. RECOMMENDATION: Approve as presented. ATTACHMENTS: CWSRF Graphic.pdf CWSRF Application Proposal - CIROH (Final).pdf MNS Grant Writing SOQ (Rev. 4-13-21).pdf PSA with MNS Engineers, Inc for 8-inch Sewer Project.docx Exhibits.pdf 112 113 3350 Shelby Street., Ste. 370 / Ontario, CA 91764 Ph. (323) 484-5737 mnsengineers.com TRANSPORTATION / WATER RESOURCES / GOVERNMENT SERVICES / FEDERAL Sent via email September 18, 2021 Ms. Elaine Jeng, City Manager City of Rolling Hills 2 Po rtuguese Bend Road Rolling Hills, CA 90274 MNS Engineers Fee Proposal Clean Water State Revolving Fund Applica�on Services Portuguese Bend Road/Rolling Hills Road Sewer Aten�on Meredith Elguira Dear Ms. Jeng, Thank you for the opportunity to provide loan applica�on services for the Clean Water State Revolving Fund (CWSRF). Enclosed is our proposal to provide these services for a total fee of $19,770. We look forward to working with the City and helping deliver a successful CWSRF applica�on. Sincerely, MNS Engineers, Inc. Greg Jaquez, PE Principal Project Manager Government Services Division (323) 484-5737 DIRECT gjaquez@mnsengineers.com Encl. [Funding Wri�ng Fee Proposal] GAJ 114 mnsengineers.com TRANSPORTATION / WATER RESOURCES / GOVERNMENT SERVICES / FEDERAL MNS Engineers Fee Proposal Clean Water State Revolving Fund Applica�on Services Portuguese Bend Road/Rolling Hills Road Sewer Project Understanding MNS Engineers (MNS) understands the City of Rolling Hills (City) is interested pursuing loan financing from the Clean Water State Revolving Fund to sewer upgrade and new sewer line on an alignment north of Portuguese Bend Road to Rolling Hills Road and connec�ng to an exis�ng sewer main located in Rolling Hills Estates along Rolling Hills Road. The project will be constructed in phases with the first phase connec�ng sewer service to City Hall and the second phase connec�ng to 235 residen�al proper�es. Project Approach The MNS approach to funding support is to establish a mutual understanding between the MNS team and City staff on commited collabora�on in the development of the funding applica�on. A successful, quality funding applica�on product depends on a team approach between MNS and City staff such that MNS staff acts as an extension of City staff for the dura�on of the funding applica�on development and subsequent ac�vi�es related to the funding pursuit. MNS will work with City staff and consultants to confirm the the accuracy of content in the funding applica�on. MNS will work closely and efficiently with City staff and consultants to collect and u�lize the most up to date and readily available informa�on to formulate the applica�on package. Most significantly, MNS will u�lize the Sewer Feasibility Study prepared by Willdan Engineering and design and es�mate documents prepared by NV5. If not already secured, MNS assumes the City will have procured the services of a consultant to prepare a rate study for the proposed sewer system. A rate study is an essen�al source of informa�on in order to complete an applica�on to the CWSRF. Content requirements for the funding applica�on are atached as Appendix A for reference. Task 1.0 – Mee�ngs and Communica�ons with City MNS will hold a kick-off mee�ng with City staff to review the scope and schedule for comple�ng the CWSRF funding applica�on. MNS will collect and review informa�on requested at the kickoff mee�ng as well as informa�on independently researched. Some informa�on will be collected a�er the kickoff mee�ng through an email request to the City. Deliverables: Agendas, Meeting Minutes Task 2.0 – Coordinated Communica�ons with SWRCB Staff and City Communica�on with City staff will be ongoing as needed to exchange informa�on and provide the City opportuni�es to review dra� work products. MNS will act as the coordina�ng point for the development of the applica�on under the direc�on of City staff. The applica�on process will require ongoing communica�on with the Division of Financial 115 mnsengineers.com TRANSPORTATION / WATER RESOURCES / GOVERNMENT SERVICES / FEDERAL Assistance (DFA) staff at the State Water Resources Control Board. MNS will coordinate these communica�ons with the City and maintain records of communica�ons. The MNS Project Manager (PM) will maintain a project file in which all project documents, including dra� and final applica�on materials and atachments, will be kept in a cloud-based storage pla�orm. Deliverables: Project File, email communications Task 3.0 – Applica�on Prepara�on The applica�on will be prepared on the CWSRF applica�on forms through the online Financial Assistance Applica�on Submital Tool (FAAST). The applica�on content will follow the precise content structure and format that pertain to each part of the applica�on. Informa�on will be drawn from collected documents, project scoping and cost es�ma�on, and through collabora�on with City staff and consultants. MNS will ensure prepara�on of each of the following subcomponents of the applica�on: • General Informa�on Package • Technical Package • Environmental Package • Financial Security Package Various atachments are required to include with subcomponent packages and are listed in the enclosed fee proposal table. The en�re applica�on package does not need to be submited together at one �me. The DFA recommends the applicant ini�ates the process by submi�ng the General Informa�on Package in order to obtain a project a number and an assignment of a DFA Project Manager. The applicant should also concurrently contact the DFA to coordinate CWSRF financing with the project’s schedule. Deliverable: Completed Application Assump�ons/Recommenda�ons MNS assumes the City will at various points in the applica�on process have procured the necessary consultant support for environmental analysis and documenta�on, cost of service rate study, and financial repor�ng. Fee Proposal MNS proposes to provide the aforemen�oned services for a total fee of $19,770 as shown in the enclosed fee proposal table. 116 City of Rolling Hills Clean Water State Revolving Fund Loan Application Services Project ManagerGrant WriterAssociate Grant WriterTask 1.0 – Kickoff Meeting Task 1.0 – Kickoff Meeting 1.0 1.0 1.0 3.0 $465 Task 2.0 – Coordinated Communications with SWRCB Staff and City Task 2.0 – Coordinated Communications with SWRCB Staff and City 4.0 16.0 8.0 28.0 $3,900 Task 3.0 – Grant Application PreparationPotential CWSRF Flags Worksheet 8.0 8.0 $1,800Priority Score Estimation Worksheet 2.0 8.0 10.0 $1,530General Information (FAAST Tab)1.0 1.0 $105Funding (FAAST Tab)1.0 1.0 $105 Technical Package Form 1.0 4.0 2.0 7.0 $975ATTACHMENTSCWSRF Project Report (to be prepared by engineering design consultant)3.0 3.0 $675General Plan Compliance Certification Form 2.0 2.0 $210 Certification for Cost and Effectiveness and Water and Energy Conservation and Efficiency (to be prepared by engineering design consultant)1.0 1.0 $225 Climate Change Worksheet 4.0 16.0 4.0 24.0 $3,480Regional Water Quality Control Board Requirements 1.5 1.5 $158Petition for Change and Order (if applicable)1.0 8.0 9.0 $1,305Petition for Change/Water Right Application (if applicable)1.0 8.0 9.0 $1,305Certification for Water Conservation and Water Management 0.5 4.0 4.5 $533 Environmental Package Form (to be prepared by environmental consultant)2.0 2.0 $450 Financial Security Package Form 1.0 3.0 4.0 $630ATTACHMENTSAudited Financial Statements (to be prepared by City)1.0 1.0 $105Budget Projections (to be prepared by rate study consultant)1.0 1.0 $105Tax Questionnaire 1.0 3.0 4.0 $630Reimbursement Resolution 1.0 1.0 $105Authorizing Resolution 0.5 0.5 $53Rate Adoption Resolution, Copy of Rates, and Public Notice of Proposition 218 Meeting 0.5 0.5 $53Schedule of Related Debt and Debt Document Copies 0.5 2.0 2.5 $383Debt Management Policy 0.5 2.0 2.5 $383New Special Tax, Assessment District, or service charge projections (if applicable, to be prepared by rate study consultant)0.5 0.5 $53 Relevant Service, Management, Operating, or Joint Powers Agreements (if applicable)0.5 0.5 $53 Hours 31.5 71.0 29.5 132.0 Cost $7,088 $9,585 $3,098 $19,770Total Resource HoursTotal Proposed Fee Hours Total Resource Costs$225 $105$135 117 STATE WATER RESOURCES CONTROL BOARD Division of Financial Assistance P. O. Box 944212, Sacramento, CA 94244-2120 Financial Assistance Application Page 1 of 6 General Information Package (Rev. 11/2019) Clean Water State Revolving Fund GENERAL INFORMATION PACKAGE The General Application and attachments may be submitted in one of three ways. Applicants are encouraged to utilize the Financial Assistance Application Submittal Tool (FAAST) to streamline the application submittal and review process, but if that will create a hardship, email or mail can be utilized instead: 1.) Apply online via the FAAST: https://faast.waterboards.ca.gov To submit a CWSRF Construction Application in FAAST, you must complete all the tabs in FAAST and attach (at minimum) the General Information Package. (Note: Once the CWSRF Construction Application has been uploaded, you must still complete the application by clicking on the “Submit” button.) Once the CWSRF Construction Application is submitted in FAAST, a project manager will be assigned to help the applicant complete the application process. To submit additional documents for the same project, DO NOT start a new application, instead click on the Submitted Applications link on the Main Menu and choose the project from the list of previously submitted applications. Open the Attachments tab, and then the Post-Submission sub-tab. Choose a document from the Attachment Category dropdown list and then select the file to upload. The project manager will receive an email notification letting them know you have submitted additional information for review. If you need assistance, you can also contact the FAAST Help Desk, which is staffed Monday through Friday 8am through 5pm, at 1-866-434-1083 or FAAST_ADMIN@waterboards.ca.gov. 2.) To submit a CWSRF Construction Application via email, please use the following email address: CleanWaterSRF@waterboards.ca.gov. 3.) To submit a CWSRF Construction Application via mail, please use the following address: State Water Resources Control Board Division of Financial Assistance P.O. Box 944212 Sacramento, CA 94244-2120. APPENDIX A 118 Financial Assistance Application Page 2 of 6 General Information Package (Rev. 11/2019) Clean Water State Revolving Fund General Application Instructions Section I - Applicant Information Applicant Name – Enter the entity that will be the legal signatory to a financing agreement. Street Address, City, State, Zip – Enter the applicant’s physical street address. The Zip+4 Code can be found at https://tools.usps.com/go/ZipLookupAction!input.action. Applicant Type – Enter one of the following entity types: • Public – local or state agencies (including cities, counties, and districts with wastewater authority) • Native American Tribe • Nonprofit • Other – please specify County – Enter the County where the project will be physically located. Charter City/County – Indicate if the applicant is a charter city/county. Mailing Address, City, State, Zip – Enter the applicant’s mailing address, if different from the street address. Applicant Total Population – Enter the total applicant service area population. Current year median household income (MHI) – Enter the current year median household income of the applicant or project service area. Congressional District(s) – Enter the Congressional district(s) where the project will be physically located. If the project will span multiple Congressional Districts (i.e., a pipeline project), list all affected districts. A map of California Congressional Districts can be found at http://house.gov/representatives/find/. State Senate District(s) & State Assembly District(s) – Enter the State Senate district(s) and State Assembly district(s) where the project will be physically located. Refer to http://findyourrep.legislature.ca.gov/. Data Universal Numbering System (DUNS) No. - If you don’t already have a DUNS number, you can get more information at http://fedgov.dnb.com/webform/index.jsp. This number is required to receive CWSRF financing. Federal Tax ID No. – Enter the Federal tax identification number of the applicant. Regional Water Board - Check the Regional Water Quality Control Board (Regional Water Board) jurisdiction(s) where the project will be physically located or affected by the project. A list of Regional Water Boards can be found at http://www.waterboards.ca.gov/publications_forms/publications/factsheets/docs/region_brds.pdf Authorized Representative Name, Title – Identify the person who has the authority to represent the applicant and sign documents pertaining to the funding application. If the applicant is a public agency or has a governing board, the application must include a copy of a resolution adopted by the governing body designating its authorized representative and authorizing the submission of an application. If the applicant does not have a governing board, then it must provide documentation supporting the authorization of the authorized representative. It is advisable to designate the title of the position authorized to sign and submit an application rather than naming a specific person. The funding application must be signed by the authorized representative. 119 Financial Assistance Application Page 3 of 6 General Information Package (Rev. 11/2019) Clean Water State Revolving Fund Auth. Rep. Phone & Email - Enter the authorized representative’s telephone number and email address. Contact Person Name – Enter the name of the person who is the day-to-day contact for the project. This person should be able to answer general questions about the project and application. Contact Person Phone & Email – Enter the contact person’s telephone number and email. Local Counsel Name – Enter the name of the applicant’s general counsel. Local Counsel Phone & Email – Enter the local counsel’s telephone number and email. Section II - Project Information and Proposed Schedules Project Title – Enter the title or name of the project. Project Description and Objectives – Provide a brief description of the project and its objectives. Current Status of Plans and Specifications - Provide the current status in % complete. Amount of Assistance Requested - Provide the amount of assistance requested. Total Project Cost (If More Than the Amount of Assistance Requested) – Provide the total project cost. Project Location – Enter the physical location for the project, if different from the street or mailing addresses. Project Location – Latitude & Longitude – Enter the latitude and longitude of the project location. NPDES Permit or WDR Order No. – Enter the National Pollutant Discharge Elimination System Permit number or the Waste Discharge Requirement number. Population Served by Project – Enter the population served by the Project. Estimated Project Schedule – Provide an estimated or actual date for the following: • Adopt Environmental Documents • 100% Plans & Specifications • Start of Construction/Implementation • Complete Construction/Implementation Environmental Consultations - Provide the following: • Name of other Federal agencies involved in this project related to federal environmental requirements • Contact information for the named agencies • Brief descriptions of the status of these consultations Other Consultations - Provide the following: • Name of other Federal agencies involved in this project (e.g. planning, CEQA/NEPA consultation, funding, etc.) • Contact information for the named agencies • Brief descriptions of the status of these consultations Partnering Agencies – Provide the name and contact information of all other agencies that have an interest in the project, their contact information if known, and brief description of their roles. Section III – Attachments 120 Financial Assistance Application Page 4 of 6 General Information Package (Rev. 11/2019) Clean Water State Revolving Fund Potential Flags Worksheet – To avoid potential delays later in the application process, it is required that the applicant complete and submit this worksheet with the General Information Package to alert the Division staff of any issues that may potentially affect the application review. Priority Score Estimation Worksheet – It is recommended that the applicant complete and submit this worksheet with the General Information Package. Submitting the completed worksheet is optional. Certification and Signature of Authorized Representative ü Print the name and title of the authorized representative. ü Sign and date the application. 121 Financial Assistance Application Page 5 of 6 General Information Package (Rev. 11/2019) Clean Water State Revolving Fund General Application Form I. APPLICANT INFORMATION Applicant Name: Street Address: City: State: Zip+4 Code: Applicant Type: Public Indian Tribe Nonprofit Other: Specify: County: Charter City/County: Yes No Mailing Address: City: State: Zip+4 Code: Applicant Total Population: Current year median household income (MHI): Congressional District(s): State Senate District(s): State Assembly District(s): Data Universal Numbering System (DUNS) No.: Federal Tax ID No.: Regional Water Board where the project will take place: 1 (North Coast) 2 (San Francisco Bay) 3 (Central Coast) 4 (Los Angeles) 5 (Central Valley) 6 (Lahontan) 7 (Colorado River) 8 (Santa Ana) 9 (San Diego) Authorized Representative Name: Title: Phone No.: Email Address: Contact Person Name: Phone No.: Email Address: Local Counsel Name: Phone No.: Email Address: II. PROJECT INFORMATION AND PROPOSED SCHEDULE Project Title: Project Description and Objectives: (Enter a brief description of the project and its objectives) Current Status of Plans & Specifications: Percent (%): Amount of Assistance Requested: Total Project Cost (If More Than the Amount of Assistance Requested): Project Location Street Address: City: State: Zip+4 Code: Project Location - Latitude: Project Location - Longitude: NPDES Permit or WDR Order No.: Population Served by Project: Estimated or Actual Date Currently Estimated Project Schedule: Adopt Environmental Documents 100% Plans & Specifications Start of Construction/Implementation Complete Construction/Implementation 122 Financial Assistance Application Page 6 of 6 General Information Package (Rev. 11/2019) Clean Water State Revolving Fund Environmental Consultations Please list other Federal agencies that have been involved in or completed consultations related to Federal environmental requirements, their contact information if known, and brief descriptions of the status of these consultations. Other Consultations Please list other Federal agencies that have been involved in this project (e.g. planning, CEQA/NEPA consultation, funding, etc.), their contact information if known, and brief descriptions of the status of these consultations. Partnering Agencies Please list all other agencies that have an interest in this project, their contact information if known, and brief descriptions of their roles. III. ATTACHMENTS Complete and attach the SRF Flags Worksheet to the General Information Package. (Required for all applications) Complete and attach the Priority Score Estimation Worksheet to the General Information Package. (Optional) CERTIFICATION AND SIGNATURE OF AUTHORIZED REPRESENTATIVE To the best of my knowledge and belief, I certify that I am authorized to submit this application; the information provided in this application is true and correct; the documentation has been duly authorized by the governing body of the applicant; and the entity possesses the legal authority to apply for the financing and enter into a financing agreement with the State Water Resources Control Board and to finance and construct the proposed facilities. Name of Authorized Representative: Title: Signature of Authorized Representative: Date: 123 STATE WATER RESOURCES CONTROL BOARD Division of Financial Assistance P. O. Box 944212, Sacramento, CA 94244 -2120 Financial Assistance Application Page 1 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund TECHNICAL APPLICATION PACKAGE The Technical Application and attachments may be submitted in one of the following three ways. Applicants are encouraged to utilize the Financial Assistance Application Submittal Tool (FAAST) to streamline the application submittal and review process, but if that will create a hardship, email or mail can be utilized instead: 1) Apply online via the FAAST: https://faast.waterboards.ca.gov You can submit a CWSRF Technical Application in FAAST at the time you submit an application, or you may submit it later as part of the Post-Submission process. Please refer to the FAAST Videos for instructions. https://www.waterboards.ca.gov/videos/faast.html. If you need assistance, you can also contact the FAAST Help Desk, which is staffed Monday through Friday 8am through 5pm, at 1-866-434-1083 or FAAST_ADMIN@waterboards.ca.gov. If you have a CWSRF Project Manager assigned to your submitted application, the Project Manager will receive an email notif ying them that you have submitted additional information for review. 2) To submit a CWSRF Technical Package via email, please use the following email address: CleanWaterSRF@waterboards.ca.gov. 3) To submit a CWSRF Technical Application Package via mail, please use the following address: State Water Resources Control Board Division of Financial Assistance P.O. Box 944212 Sacramento, CA 94244-2120 124 Financial Assistance Application Page 2 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Technical Package Instructions Applicant (Entity) Name – Enter the entity that will be the legal signatory to a f inancing agreement. Project Title – Enter the title of the project. Contact Person and Phone – Enter the name and phone number of the day-to-day contact for the project. This person should be able to answer questions and coordinate the submission of additional information about the project and application. Section I – Water Rights 1. Check (ü) the box indicating whether the Project will change the point of discharge, place of use, or purpose of use of treated wastewater and decrease the flow in any portion of a watercourse pursuant to Water Code section 1211. If the NO box is checked, proceed to question 2. If the YES box is checked, a Petition for Change must be filed with the State Water Board, Division of Water Rights, if the project will decrease the f low in the affected watercourse. Provide a copy of the Petition for Change (label as Attachment T5a) or the date that you anticipate filing the Petition. 2. Check (ü) the box indicating whether the Project will divert flow from a stream or other surface water body to another location. If the NO box is checked, proceed to question 3. If the YES box is checked, a Petition for Change or application for a Water Right or License must be filed with the State Water Board, Division of Water Rights. Provide copies of the Petition for Change, application for a Water Right or License or copy of the Change of Use approval, or Water Right Permit or License, as appropriate (label as Attachment T5b), or the date that you anticipate filing the Petition for Change or application for a Water Right or License. If you have questions regarding whether a petition or application is required, you may contact your CWSRF Project Manager or Patricia Fernandez with the Division of Water Rights at (916) 319-9141 or Patricia.Fernandez@waterboards.ca.gov. 3. Check (ü) the box indicating if your entity isF a water diverter and subject to section 5103 of the Water Code. Subdivision (e) (1) states that on or after January 1, 2012, monthly records of water diversion must be reported to the State Water Board’s Division of Water Rights. Section II – Delta Plan 1. Check (ü) the box indicating if the project is a “covered action” under section 85225 of the Water Code. More information about what constitutes a “covered action” is available online at https://coveredactions.deltacouncil.ca.gov/?page=1. 2. If the project is a “covered action,” there is a self -certification process for demonstrating consistency with the Delta Plan, which must be submitted by the lead agency to the Delta 125 Financial Assistance Application Page 3 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Stewardship Council. More information about this process is available online at https://coveredactions.deltacouncil.ca.gov/?page=1. Check (ü) the box indicating if you have submitted the consistency certification required under section 85225 of the Water Code. If the project is not a “covered action,” check (ü) “N/A.” 3. Check (ü) the box indicating if any person has appealed the consistency certification per section 85225.10 of the Water Code. More information about this appeal process is available at https://coveredactions.deltacouncil.ca.gov/?page=1. If the project is not a “covered action”, check (ü) “N/A.” Section III – Architectural and Engineering (A/E) Procurement Check (ü) the box indicating if you follow a qualifications-based procurement process for A/E procurement (for services such as program management, construction management, feasibility studies, engineering, surveying, or mapping). If yes, check (ü) the box indicating if your A/E procurement process complies with one or both of the following codes: ·440 United States Code Section 1101 et seq. ·California Government Code Section 4525 et seq. (as it relates to state agencies) Section IV – Green Project Reserve (GPR) 1. Check (ü) the box indicating if this project or a portion of this project is eligible for CWSRF GPR. United States Environmental Protection Agency (U.S. EPA) Guidance regarding GPR eligibility is available online at: https://www.epa.gov/sites/production/files/2015- 04/documents/green_project_reserve_eligibility_guidance.pdf 2. Indicate the percentage of total project cost within each GPR category. Only the components of the project that clearly advance one or more of the objectives articulated in the four GPR categories should be counted as GPR eligible. If the Project qualifies for more than one GPR category, please indicate the percentage in each category, and then the total percentage of the project that qualifies for GPR. The above U.S. EPA guidance lists categorically eligible project types under each of the four categories. If your project is not categorically eligible, you may consider preparing a business case to document GPR eligibility. The decision criteria and required content for business cases are provided in the U.S. EPA guidance link above. Section V – Attachments ü T1 – Project Report: Submit a Project Report or its equivalent containing all of the items in the Suggested Project Report outline relevant to the proposed project; the Project Report outline is attached to the Technical Package application form. The Project Report must be signed and stamped by a registered Professional Engineer if it contains engineering as defined in Business and Professions Code Division 3 Chapter 7. Please contact your assigned Project Manager, if known, or the CWSRF general telephone number at (916) 327-9978 with specific questions about the contents of the Project Report. ü T2a – General Plan Compliance Certification: The CWSRF Policy requires all funded projects to be consistent with the applicant’s adopted General Plan or to serve an area in which at least 75% of the cities and counties have adopted land use and housing 126 Financial Assistance Application Page 4 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund elements for their General Plans. All applicants must complete the General Plan Compliance Certification confirming these conditions. ü T2b – Certification for Compliance with Water Metering Form: Water Code sections 525 through 529.7 may prohibit some agricultural and urban water purveyors, from receiving State funds if metering requirements are not met. If you are an agricultural or urban water supplier as def ined in the Water Code you must comply with this requirement. Please consult with your legal counsel and review sections 525 through 529.7 of the Water Code before completing this certification. ü T2c – Certification for Fiscal Sustainability Plan: Section 603(d)(1)(E) of the Clean Water Act requires CWSRF financing recipients for treatment works projects to develop and implement a Fiscal Sustainability Plan (FSP). Applicants for treatment works projects must complete the Certification for Fiscal Sustainability Plan to either certify that an FSP has been developed and implemented or to certify a date by which an FSP will be developed and implemented. ü T2d – Certification for Cost and Effectiveness and Water and Energy Conservation and Efficiency: Section 602(b)(13) of the Clean Water Act requires municipalities, intermunicipals, interstate and State agencies who are recipients of CWSRF funds to certify that they have performed a cost and effectiveness analy sis and have selected the proposed project or activity for its potential to maximize the efficient use, reuse, recapture of water and to maximize conservation of water and energy. ü T3 – Climate Change Worksheet: The purpose of the Climate Change Worksheet is to ensure that applicants identify how the proposed facility is vulnerable to the effects of climate change and the impacts the facility may have on the climate. Investigation into adaption and mitigation measures that lead to responsible resolutions made by the agency will ultimately improve the investments made by the state. Worksheet – The worksheet is broken into three sections: Vulnerability, Adaptation, and Mitigation. Each section has check boxes. Check all boxes applicable to the facility regarding climate change vulnerability, and all boxes considered by the applicant regarding adaptation and mitigation. Each section includes an “Other” box followed by an area to define the unnamed option. This option is available to encourage creative ideas and in the event an agency identifies unique options. Attachments – Each section will be followed up by an attachment. The attachments are intended to provide a detailed description of the vulnerabilities and response measures selected, risk level, critical conditions, intended responses, and explanations why certain vulnerabilities and response measures are not considered essential enough for response measures to be implemented. The attachments may include detailed plans to incorporate the measures mentioned such as alternative options, scope of work, budget, construction estimates and schedule. Definitions – Climate change vulnerability, mitigation, and adaptation are terms that many individuals find ambiguous, and the differences between them may be challenging to understand. Climate Change Vulnerability: This term is used to identify climate change effects to which the facility may be susceptible. Some effects overlap. For example, a treatment facility built on the coast may be vulnerable to sea level rise. It would 127 Financial Assistance Application Page 5 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund be a poor investment for the state to invest in a treatment facility with an expected useful life of 50 years when the facility is projected to be under water in 20 years due to sea level rise. Coincidentally, as sea level rises, the neighboring groundwater aquifers may be vulnerable to saltwater intrusion and water quality issues. The two effects are related, and both should be discussed in the attachment. Adaptation: This term is used to identify measures taken as a direct response to climate change effects. Multiple measures can be taken in response to a single vulnerability. For example, in response to sea level rise an agency may investigate constructing sea walls or levees in order to prevent flooding. Flood contingencies should also be explored to protect the facility if the levees fail or in the event of severe storm surges. Mitigation: This term is used to identify measures taken to slow or stop changes to the environment caused by greenhouse gas emissions in the atmosphere. Measures identified in adaptation may also be used for mitigation. For example, water conservation may be an adaptation response to drought vulnerability and also a mitigation measure by reducing the energy consumed to move excessive volumes of water. Green roofing as an adaptation measure will help to reduce the heat island effect of an urban community, and as a mitigation measure will reduce the energy consumed to heat and cool the building. ü T4 – Regional Water Quality Control Board Requirements: Submit any permit requirements and/or enforcement orders that have been issued by the Regional Water Board relative to the proposed project. If the proposed project is not subject to permit requirements and/or enforcement orders, please indicate this in the comment box. ü T5a – Petition for Change and Order (if applicable) ü T5b – Petition for Change/Water Right Application, Permit or License/Change of Use Approval (if applicable) ü T6 – Certification for Water Conservation and Water Management: All applicants must either certify that they are a water supplier and have complied with the California Water Code and all provisions of Division 6 of the Water Code (sections 10000 through 12999) or certify that they have verified that the water suppliers in its service or project area have complied with the provisions of Division 6 of the Water Code (sections 10000 through 12999) and that any ordinances, rules, or regulations have been duly adopted and are in effect as of this date. ü T7 – T11 – Hold for later use Attachments T12 and T13 are applicable to Water Recycling Funding Program projects ONLY: ü T12 – Recycled Water Market Assurances: Recycled Water Market Assurances document the users’ commitments to use the recycled water. For existing users, provide either an adopted mandatory use ordinance or letters of intent to execute a user contract. ü T13 – User Connection Schedule: Provide the anticipated connection schedule and estimated recycled water deliveries for all recycled water users. 128 Financial Assistance Application Page 6 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Technical Package Form Applicant (Entity) Name: Project Title: Contact Person:Phone: ( ) I. WATER RIGHTS 1. Will the Project change the point of discharge, place of use, or purpose of use of treated wastewater and decrease the f low in any portion of a watercourse per Water Code section 1211? oNO (If NO, proceed to question 2.) oYES - If YES, has a Petition f or Change been f iled with the State Water Board, Division of Water Rights? oYES – Provide a copy of the Petition f or Change (label as Attachment T5a). oNO – Provide the date you anticipate submit ting the Petition f or Change: 2. Will the Project divert f low f rom a stream or other surface water body to another location? oNO (If NO, proceed to question 3.) oYES - If YES, a. Has a Petition f or Change been f iled with the State Water Board, Division of Water Rights? oYES o NO o N/A b. Has an application f or a water right been f iled with the State Water Board, Division of Water Rights, or does the entity hold suf f icient water rights for the project? oYES o NO o N/A Provide copies of the Petition for Change, application for a Water Right or Change of Use approval, or Water Right permit or license, as appropriate (label as Attachment T5b), or Provide the date you anticipate submitting the petition or application: . 3. Is the entity a water diverter and subject to section 5103 of the Water Code? o YES o NO II. DELTA PLAN 1. Is the project a “covered action” under section 85225 of the Water Code? o YES o NO For items 2 and 3 below, please check “N/A” if the project is not a “covered action”. 2. Have you submitted the consistency certif ication required by section 85225 of the Water Code? o YES o NO o NA 129 Financial Assistance Application Page 7 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund 3. Has any person appealed the consistency certif ication per section 85225.10 of the Water Code? o YES o NO o NA III. ARCHITECTURAL AND ENGINEERING (A/E) PROCUREMENT Do you f ollow a qualif ic ations-based procurement process f or A/E procurement (f or services such as program management, construction management, f easibility studies, engineering, design, surveying, or mapping)? oYES o NO If yes, check below to indicate if your A/E procurement proc ess complies with one or both: o40 United States Code Section 1101 et seq. o Calif ornia Government Code Section 4525 et seq. (as it relates to state agencies) IV. GREEN PROJECT RESERVE (GPR) 1. Is this project, or a portion of this project, eligible f or the CWSRF GPR? oYES oNO If no, skip to Section VI 2. Which GPR Category(ies) are applicable and identif y whether the project is categorically eligible or requires a business case to demonstrate eligibility. * Includes associated planning and design costs. % of Total Project Cost Category Categorically Eligible Business Case Attached Green Infrastructure Water Ef f iciency Energy Ef f iciency Environmentally Innovative Total 130 Financial Assistance Application Page 8 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund V. ATTACHMENT CHECKLIST Check the box next to each item attached to your application. If an item is not attached at the time you submit the Technical Application f orm, please indicate in the space provided below when you anticipate submitting it. ________________________________________________________________________________________ o T1 – Project Report o T2a – General Plan Compliance Certification o T2b – Certif ication f or Compliance with Water Metering Form o T2c – Certif ication for Fiscal Sustainability Plan o N/A o T2d – Certif ication f or Cost and Ef f ectiveness and Water and Energy Conservation and Ef f iciencyo N/A o T3 – Climate Change Worksheet o T4 – Regional Water Quality Control Board Requirements ·Waste Discharge Requirements, NPDES Permit or Water Recycling Requirements ·Amended Basin Plan or Total Maximum Daly Load ·Enforcement Orders ·Not Applicable – Explain: _ _ o T5a – Petition f or Change and Order o N/A o T5b – Petition f or Change/Water Right Application, Permit or License/Change of Use Approval o N/A o T6 – Certif ication f or Water Conservation and Water Management Water Recycling Funding Program Only o T12 – Recycled Water Market Assurances o T13 – User Connection Schedule 131 Financial Assistance Application Page 9 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Attachment T1 Project Report The Project Report must be signed and stamped by a registered Professional Engineer. (Suggested Content for Publicly -Owned Treatment Works Projects; applicants seeking financing for water recycling projects should also review the suggested report outline in Appendix B of the Water Recycling Funding Program Guidelines) I. Project Area A. Vicinity and service area map(s) showing: 1. Detailed map(s) of project site(s) and service area boundary; 2. Relevant hydrologic, geologic, and topographic features; 3. Relevant ground and surface water resources; and 4. Existing collection, distribution, storage, and treatment facilities B. Current land use and land use trends C. Current system users and any new users D. Current population and population trends II. Wastewater Characteristics, Existing Facilities, and Current Water Quality A. Description of existing facilities, including treatment/reuse processes/schematic(s), design criteria, current capacities, current flows, current water quality characteristics and beneficial uses of the water resources affected by the facility, and the current discharge location(s) B. Description of all entities responsible or contributing to the existing facilities C. Sources of wastewater to the facility D. Sources of industrial or other problem constituents and current control measures E. Information about any discharge violations F. Wastewater influent characteristics and variations G. Wastewater effluent characteristics and variations H. Past efforts to address the problem through operational improvements I. Current asset, operation, and maintenance management systems J. An evaluation of excessive infiltration/inflow (I/I) to the system. If the average daily flow is above 120 gallons per capita per day, a Sewer System Evaluation Survey is required. III. Treatment Objectives for Discharge or Reuse A. Reason for the project and its objectives/expected benefits B. Performance characteristics required for efficient treatment C. Health-related water characteristics required for discharge, operational, and on-site requirements D. Wastewater discharge or reuse requirements and anticipated changes in requirements E. Relevant operation and on-site requirements F. Projected future flow rates or other changes to the influent wastewater characteristics G. Additional facilities or actions needed to comply with waste discharge requirements IV. Project Alternatives Analysis A. Planning and design parameters and assumptions 1. Relevant design criteria, and planning period 2. Life-cycle (net present worth) cost parameters: construction, building, or materials cost index; discount (or interest) rate; project useful live(s) B. Detailed alternatives analysis, including the no action alternative. Particularly for small communities, regional or consolidation alternatives should always be considered. Alternatives analysis should take the following into consideration: 132 Financial Assistance Application Page 10 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund 1. Comparison of all alternatives based on life cycle costs for each alternative with breakdown of total capital, operation and maintenance (O&M), and replacement costs 2. Comparison of how the project alternatives address the state planning priorities in section 65041.1 of the Government Code 3. Comparison of climate change considerations for each alternative Comparison of opportunities for water and energy efficiency for each alternative. Consider utilizing resources available on the United State Environmental Protection Agency website: http://water.epa.gov/infrastructure/sustain/waterefficiency.cfm V. Selected Project A. A detailed description of the recommended project alternative and basis for selection, including a description of any water and energy efficiencies. The selected alternative should maximize the potential for efficient water use, reuse, recapture, and conservation of water and energy, taking into account the cost of construction, operations and maintenance, and replacement. B. Design criteria and useful life of the project C. Life cycle cost estimate based on time of construction. Include project cost breakdown, cost index, discount rate, useful life (years), life cycle cost, total capital, annual O&M, replacement cost, etc. D. Detailed schedule E. Permits required for project implementation F. Description of any key issues to be resolved, particularly items likely to significantly impact the project budget or schedule, i.e., environmental review, land acquisition, special studies or monitoring needs, change of governance or formation of new governance, negotiation of agreements, operator recruitment or training needs, etc. Project Report (Suggested Content for Non -Infrastructure Projects) I. Project Area A. Vicinity map(s) showing: 1. Detailed map(s) of project site(s) and areas affected by the project; 2. Relevant hydrologic, geologic, and topographic features; 3. Relevant ground and surface water resources; and 4. Existing and relevant measures or works related to the proposed project B. Land use, land use trends, and relevant adjacent land uses C. Current population and future population projections II. Source Characteristics, Existing Conditions, and Current Water Quality A. Surface water and groundwater resources in the project area B. Current water quality, variations in water quality, and beneficial uses C. Flow quantity and variations in flow quantity D. Sources of pollution and current control measures E. Past efforts at source control or other corrective measures F. Other plans for source control or corrective measures III. Objectives A. Reason for the project, performance goals, and expected benefits B. Method(s) of verification C. Beneficial uses and protection criteria 133 Financial Assistance Application Page 11 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund D. Required water quality characteristics to meet beneficial uses E. Required health-related water characteristics or requirements F. Anticipated changes in water quality or health-related requirements IV. Project Alternatives Analysis A. Planning and design parameters and assumptions 1. Relevant design criteria 2. Cost index, discount rate, useful lives 3. Planning period B. Detailed alternatives analysis, including the no action alternative 1. Comparison of all alternatives based on the life cycle costs for each alternative with breakdown of total capital, operation and maintenance (O&M), upkeep, and replacement cost 2. Comparison of how the project alternatives address the state planning priorities in section 65041.1 of the Government Code and sustainable water resource management priorities 3. Climate change analysis for each alternative V. Selected Project A. Detailed description of the most feasible, cost-effective alternative, including: 1. All entities, including affected home and land owner categories involved in implementing the project, their level of participation, and the means to achieve the level of participation necessary to make the project successful; 2. Management of residual or waste material; 3. Overview of any long-term management plan for operation, maintenance, monitoring, inspection, record keeping, repair, and replacement related to the project; 4. Identify agency(ies) or organization(s) responsible for long-term management and the means to ensure that the management plan will be implemented; and 5. Identify permits, approvals, ordinances, regulations, and reports required for the project. Identify how and when these actions will be completed, and describe how compliance will be achieved and maintained. B. Detailed schedule C. Description of any key issues to be resolved, particularly items likely to significantly impact the project budget or schedule, i.e., environmental review, land acquisition, etc. D. Project Eligibility 1. For Non-Point Source projects, identify the section of the Five-Year Implementation Plan the project will implement and explain how the project helps implement the Plan. Explain how the project addresses a regional or area wide water quality problem. 2. For Estuary projects: a. Identify the estuary the project addresses, i.e., San Francisco Bay, Morro Bay, or Santa Monica Bay; b. Identify the section of the estuary’s Comprehensive Conservation and Management Plan the project will help implement; c. Describe how the project helps implement the Plan; and d. Desc ribe efforts to work with the estuary sponsor. 134 Financial Assistance Application Page 12 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Attachment T2a GENERAL PLAN COMPLIANCE CERTIFICATION PROJECT NO. APPLICANT:(“the Entity”) Check first box below if the applicant is responsible for adopting the General Plan (typical of cities and counties). Check second box if the applicant is not responsible for adopting the General Plan (typical for special districts). I certify that the Entity has adopted the land use and housing elements of its General Plan and that the proposed project is consistent with the adopted General Plan. I certify on behalf of the Entity that at least seventy-five (75) percent of the area affected by the project includes cities and counties with adopted land use and housing elements. I have attached documentation that the Entity has notified the cities and/or counties responsible for adopting the applicable plan(s) and provided a reasonable opportunity to comment on the project’s consistency with the plan(s). I certify that the Entity considered those comments during development of the project. Name of Authorized Representative (Please print) Title Signature of Authorized Representative Date 135 Financial Assistance Application Page 13 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Attachment T2b CERTIFICATION FOR COMPLIANCE WITH WATER METERING REQUIREMENTS FOR FUNDING APPLICATIONS Funding Agency Name:State Water Resources Control Board Funding Program Name:Clean Water State Revolving Fund Applicant: Please check one of the boxes below and sign and date this form. As the authorized representative for the applicant, I certify under penalty of perjury that the applicant is not an agricultural or urban water supplier, as that term is understood pursuant to the provisions of section 529.5 of the Water Code. As the authorized representative for the applicant, I certify under penalty of perjury that the applicant has fully complied with the provisions of Division 1, Chapter 8, Article 3.5 of the California Water Code (sections 525 through 529.7 inclusive) and that the ordinances, rules, or regulations submitted with this certification as listed below have been duly adopted and are in effect as of this date. I understand that the Funding Agency will rely on this signed certification in order to approve funding and that false and/or inaccurate representations in this Certification Statement may result in loss of all funds awarded to the applicant for its project. Additionally, for the aforementioned reasons, the Funding Agency may withhold disbursement of project funds, and/or pursue any other applicable legal remedy. Name of Authorized Representative (Please print) Title Signature of Authorized Representative Date 136 Financial Assistance Application Page 14 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Attachment T2c CERTIFICATION FOR FISCAL SUSTAINABILITY PLAN REQUIRED FOR ALL CWSRF FUNDING APPLICATIONS FOR TREATMENT WORKS PROJECTS Funding Agency: State Water Resources Control Board Funding Program: Clean Water State Revolving Fund (CWSRF) Applicant (Agency Name): Section 603(d)(1)(E) of the federal Clean Water Act (CWA) requires a CWSRF financing recipient with a project involving the repair, replacement, or expansion of a treatment works1 (including treatment, pumping, collection, distribution and storage facilities etc.) to develop and implement a fiscal sustainability plan or certify that it has developed and implemented such a plan. 1 “Treatment works” is defined in section 212(2)(A) of the CWA. (33 U.S.C. § 1282[2][A]) Please check one of the box es below and sign and date this form: As the authorized representative f or the applicant agency, I certify that the agency shall develop and implement a f iscal sustainability plan as set forth in section 603(d)(1)(E)(i) of the Clean Water Act no later than that includes: (I) an inventory of critical assets that are a part of the treatment works; (II) an evaluation of the condition and performance of inventoried assets or asset groupings; (III) a certification that the agency has evaluated and will be implementing water and energy conservation efforts as part of the plan; and (IV) a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan for funding such activities As the authorized representative f or the agency, I certif y that the agency has developed and implemented a f iscal sustainability plan that meet s the requirements of section 603(d)(1)(E)(i) of the f ederal Clean Water Act (33 U.S.C. § 1383[d][1][E][i]). I understand that the Funding Agency will rely on this signed certification in order to approve funding and that false and/or inaccurate representations in this Certification may result in loss of all funds awarded to the applicant for its project. Additionally, the Funding Agency may withhold disbursement of project funds, and/or pursue any other applicable legal remedy. Name of Authorized Representative (Please print) Title Signature of Authorized Representative Date 137 Financial Assistance Application Page 15 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Attachment T2d CERTIFICATION FOR COST AND EFFECTIVENESS AND WATER AND ENERGY CONSERVATION AND EFFICIENCY REQUIRED FOR ALL CWSRF FUNDING APPLICATIONS FROM MUNICIPAL, INTERMUNICIPAL, INTERSTATE AND STATE AGENCY APPLICANTS Funding Agency: State Water Resources Control Board Funding Program: Clean Water State Revolving Fund (CWSRF) Applicant (Agency Name): As the engineer in responsible charge of the project for the applicant agency, I certify that the agency has complied with Section 602(b)(13) of the Clean Water Act. Please check the boxes below to indicate that the agency has completed the required analyses for the proposed project: The agency has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this title; and The agency has selected, to the maximum extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, recapture, an d conservation, and energy conservation, taking into account i. the cost of constructing the project or activity; ii. the cost of operating and maintaining the project or activity over the life of the project or activity; and iii. the cost of replacing the project or activity. Engineer in Responsible Charge of the Project Registration Number & Expiration Date (Please print) Engineer’s Signature Date 138 Financial Assistance Application Page 16 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Attachment T3 CLIMATE CHANGE WORKSHEET I. Vulnerability (Check all that apply) Sea Level Rise Air Quality Saltwater Intrusion/Water Quality Water Supply Depletion Heat Island Flooding/Storm Surges Drought Other: (Label as Attachment A) Provide a detailed description of all effects of climate changes that the proposed facility are susceptible to. Include critical Threshold conditions that may cause damage to the facility or result in loss of services. Attachment A included II. Adaptation Alternative Energy Sources Drought and Flooding Contingency Permeable Pavements Elevated construction, Sea Walls, and Levees Green Roofing Other: (Label as Attachment B) Provide a detailed description of all applied adaptation measures considered by the applicant. Include adaptation measures deemed unnecessary and explain why such measures were eliminated. Attachment B included III. Mitigation Renewable Energy Sources Energy Conservation Water Conservation Methane Harvesting Other: (Label as Attachment C) Provide a detailed description of all mitigation measures considered by the applicant. Include mitigation measures deemed unnecessary and explain why such measures were eliminated. Attachment C included 139 Financial Assistance Application Page 17 of 17 Technical Package Application (Rev. 10/2020) Clean Water State Revolving Fund Attachment T6 WATER CONSERVATION & WATER MANAGEMENT CERTIFICATION FORM FOR COMPLIANCE WITH DIVISION 6 OF THE CALIFORNIA WATER CODE REQUIRED FOR ALL CWSRF FUNDING APPLICATIONS Funding Agency Name:State Water Resources Control Board Funding Program Name:Clean Water State Revolving Fund Applicant: Please check one of the boxes below and sign and date this form. As the authorized representative for the applicant, I certify under penalty of perjury that the applicant is a water supplier, as that term is understood pursuant to the provisions of the California Water Code and has complied with all applicable provisions of Division 6 of the Water Code. As the authorized representative for the applicant, I certify under penalty of perjury that applicant is not a water supplier, and the applicant certifies that the water suppliers in its service or project area have complied with all applicable provisions of Division 6 of the Water Code. I understand that the Funding Agency will rely on this signed certification in order to approve funding and that false and/or inaccurate representations in this Certification may result in loss of all funds awarded to the applicant for its project. Additionally, for the aforementioned reasons, the Funding Agency may withhold disbursement of project funds, and/or pursue any other applicable legal remedy. Name of Authorized Representative (Please print) Title Signature of Authorized Representative Date 140 STATE OF CALIFORNIA FINANCIAL ASSISTANCE APPLICATION STATE WATER RESOURCES CONTROL BOARD Clean/Drinking Water State Revolving Fund Division of Financial Assistance P.O. Box 944212, Sacramento, CA 94244-2120 Financial Assistance Application Page 1 Environmental Package (Rev. 11/2019) ENVIRONMENTAL PACKAGE (CONSTRUCTION) This Environmental Package has been prepared to serve both the Clean Water and Drinking Water (CW & DW) State Revolving Fund (SRF) Programs, within the Division of Financial Assistance, State Water Resources Control Board (State Water Board). A complete Environmental Package is required for all projects seeking funds from SRF Programs. Detailed information, including statutes and guidelines on the California Environmental Quality Act (CEQA), can be obtained at http://www.opr.ca.gov/ceqa/. NOTE: The CEQA and federal cross-cutting document(s) must be completed prior to receiving a financing agreement for a project. All environmental documents, including addendums, supplemental and subsequent CEQA documents, must be circulated through the Governor’s Office of Planning and Research (OPR), State Clearinghouse (SCH), and be less than five (5) years old at the time a financing agreement is executed for a project. More information about the SRF Programs’ environmental review process can be found in the State Environmental Review Process (SERP). The SERP addresses how the State Water Board utilizes CEQA to meet the SRF Programs’ environmental requirements. To view the DW or CW SERP, respectively, please visit: https://www.waterboards.ca.gov/drinking_water/services/funding/documents/srf/serp.pdf, or http://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/policy0513/appendix_i_ envguide.pdf. For more information on the State Water Board’s implementation of federal cross- cutting authorities in the SRF Programs, please visit: https://www.epa.gov/sites/production/files/2015- -08/documents/crosscutterhandbook.pdf. For more information on program policy and guidance, please visit: https://www.epa.gov/drinkingwatersrf/program-policy-and-guidance-drinking-water-state- revolving-fund-program. I. GENERAL INFORMATION Applicant (Entity) Name: Enter the entity that will be the legal signatory to the financing agreement. Project Title: Enter the title of the project. The project title must be consistent throughout the technical package (i.e., Project Technical Report/Engineering Report, Authorizing Resolution, etc.) and the environmental document for the project. Environmental Contact Person and Phone/Email: Provide the contact information for the person/entity responsible for coordinating with the State Water Board on the environmental review. Project Description: Provide a brief description of the activities that are expected to occur during the project construction and operation. The project description must be consistent with both the environmental document and the Project Technical Report/Engineering Report. 141 Financial Assistance Application Page 2 Environmental Package (Rev. 12/2019) II. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS CEQA Lead Agency: Provide the name of the lead agency preparing the environmental document(s) pursuant to CEQA Guidelines. NOTE: If the applicant is not the lead agency, but is a public agency acting as a responsible agency, they must adopt/certify the CEQA document, approve the project, and then file a Notice of Determination with the County Clerk and the OPR, SCH. If the applicant is not a public agency (e.g., non-profit, private water system, etc.) and not subject to CEQA, please contact the State Water Board for assistance in determining the lead agency for the proposed project. Environmental Document Status: Is the project covered under a CEQA exemption? Has the CEQA process started for this project? Has compliance with the federal cross-cutting requirements started? Provide the State Clearinghouse Number: Enter the number assigned to the project at the time of filing at the OPR, SCH. Type of CEQA Document: Identify how CEQA will be complied with for the project (i.e. type of CEQA document; Negative Declaration, Mitigated Negative Declaration, Environmental Impact Report) prepared/to be prepared for this Project). Public Hearing/Meeting Date(s) for CEQA Document Adoption/Certification and Project Approval: All projects, except those with little to no environmental impacts (Statutorily and/or Categorically exempt), must hold a public hearing or meeting to adopt/certify the CEQA document(s) and approve the project. Please provide the date(s) of when such meeting(s) were held to adopt/certify CEQA document(s) and approve the project. Please note, all CEQA documents must be circulated through the OPR, SCH, and be less than five (5) years old at the time a financing agreement is executed for a project. List and describe all related environmental permits, approvals, and certifications required for the project: Indicate which permits, approvals, and/or certifications are required for the project, including those issued by the county, state, and federal agencies. Examples include the California Department of Fish and Wildlife (CDFW) Lake or Streambed Alteration (LSA) Agreement, Clean Water Act (CWA), Sections 404 Permit and 401 Certification, Coastal Development permit, etc. NOTE: Any project, regardless of funding, must obtain approval for any temporary or permanent disturbance to federal and state waters. The CWA, Sections 404 and 401 require consultation with the United States Army Corps of Engineers (USACE) and the Regional Water Quality Control Board(s) (RWQCB), if a project may result in the discharge of dredged or fill material into waters of the United States, including wetlands. The CWA, Section 404 Permit process through the USACE can be lengthy, and, as with the CWA, Section 401 Certification process, may ultimately require project alterations to avoid an adverse impact on waters of the United States. The applicant must consult with the USACE and the RWQCB(s) early on in the planning process if any portion of the project site contains or may impact waters of the United States, so that practical project alternatives and/or impact avoidance can be discussed. For more information on the CWA, Sections 404 Permit and 401 Certification processes, please visit https://www.epa.gov/cwa-404/section-404-permit- program and https://19january2017snapshot.epa.gov/sites/production/files/2016- 11/documents/cwa_401_handbook_2010.pdf. 142 Financial Assistance Application Page 3 Environmental Package (Rev. 12/2019) Project and Environmental Settings: Evaluate the project in regard to the questions listed under the Environmental Setting and check the applicable boxes. If you answer “Yes” to any of the questions, explain the potential significant environmental impacts, both direct and indirect. When considering potential environmental impacts, you must include all of the project’s elements: facilities, conveyance lines, storage, points of diversions, points of discharge, staging areas, operation, and other elements of service area - as applicable. Use attachment(s) if necessary. III. CEQA EXEMPTION INFORMATION Complete this Section only if the project is exempt from CEQA. Categorical Exemptions — Check the applicable class(es) and provide a brief description of how the project is consistent with the exemption class(es) and whether any exception(s) to the exemption(s) apply. Statutory Exemptions — Check the applicable section(s) and explain how the project is consistent with the exemption(s). Division of Financial Assistance Environmental Review Staff will review the exemption information provided to determine if the State Water Board concurs with the applicant’s determination, and what type of federal cross-cutting documentation may be necessary. Completion of the Environmental Package, including the Evaluation Section for Federal Environmental Coordination (See Section IV below), is required for all SRF funded projects regardless of whether the project is CEQA exempt. The applicant should contact Environmental Review Staff before completing any additional federal cross-cutting documents. Contact the Division of Financial Assistance Project Manager to obtain the contact information for Environmental Review Staff. IV. EVALUATION SECTION FOR FEDERAL ENVIRONMENTAL COORDINATION This section is required for all projects requesting SRF funding. The applicant should discuss in detail the steps taken to meet the federal cross-cutting environmental regulations identified below, and provide the appropriate supporting information. Supporting information must be uploaded to FAAST labeled E2 “Document Type” (e.g., E2-Air Quality Estimates, E2-Biological Assessment, etc.) Please contact the Environmental Review Staff (refer to contact list at http://www.waterboards.ca.gov/water_issues/programs/grants_loans/environmental_requirements.sht ml for the CW SRF Program or http://www.waterboards.ca.gov/drinking_water/services/funding/environmental_requirements.shtml for the DW SRF Program) if you have any questions. Potential Co-Funding Sources Indicate if the project is also pursuing funding from another federal agency(ies). If more than one (1) federal agency is involved in a project, the agencies will need to coordinate to determine who will be the federal lead agency when conducting consultations (i.e., Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act). Provide the Division of 143 Financial Assistance Application Page 4 Environmental Package (Rev. 12/2019) Financial Assistance Environmental Review Staff with contact information of the environmental coordinator/reviewer of the other federal agency(ies), to coordinate and identify the federal lead agency for the project. United States Forest Service, Bureau of Land Management, and Other Federal Land Required Documentation: Explain if any portion of the proposed project is located on United States Forest Service (USFS), Bureau of Land Management (BLM), or any other federally managed land. If applicable, attach a colored map identifying the project location with respect to the USFS, the BLM, or other federal land and provide further explanation, or indicate where this information may be found (e.g., CEQA document, biological report/assessment, etc.). To aid the State Water Board in federal coordination, please provide the name and contact information for the USFS Office, the BLM District, or other federal regional unit with whom the water system has been in contact. Regulatory Information: If any portion of the proposed project is located on the USFS, the BLM land, or other federally managed land, a USFS Special-Use Authorization, BLM Land Use Permit, or other form of federal land use authorization, respectively, may be required. These documents (e.g., permits, leases, easements) authorize specific uses and activities upon the USFS, the BLM, or other federally managed land (e.g., construction upon USFS or BLM land). For more information on the USFS Special-Use Authorization and how to obtain one, please visit: https://www.fs.fed.us/specialuses/special_about.shtml. For more information on the BLM Land Use Application and Permit and how to obtain one, please visit: https://www.blm.gov/services/electronic-forms. Environmental Alternative Analysis Required Documentation: Briefly explain the direct and indirect environmental impacts associated with each project alternative considered and the environmental reasoning behind why the project alternative was selected. Also, indicate where more information can be found (e.g., Project Technical Report/Engineering Report or in a separate environmental alternative analysis document). The environmental alternative analysis must include the following elements: • Range of feasible project alternatives that each meet the applicant’s project needs and objectives, as well as a “no project/no action” alternative; • Comparative environmental analysis among the project alternatives that includes discussions of beneficial and adverse environmental impacts on the existing environment, future environment, and individual sensitive environmental issues identified through project management or public participation; • Analysis of direct, indirect, and cumulative impacts on sensitive environmental resources, if applicable, for each project alternative considered; • Potential reasonably foreseeable future environmental impacts, if applicable, for each project alternative considered; • Appropriate mitigation measures not already included in the proposed action or alternatives, if appropriate, to mitigate adverse environmental impacts; and • Thorough discussions of the environmental reasoning for selection of the chosen alternative for the project. 144 Financial Assistance Application Page 5 Environmental Package (Rev. 12/2019) Regulatory Information: SRF Programs’ federal regulations and the SERP require an environmental alternative analysis for projects covered under a Negative Declaration, Mitigated Negative Declaration, or an Environmental Impact Report. Archaeological and Historic Preservation Act (AHPA) Required Documentation: Explain if the project will cause irreparable loss or damage to archaeological or historic resources or data through alteration of the terrain as a result of reservoir or dam construction (i.e., flooding, building of access roads, or construction of a reservoir). Please explain, or indicate where this information can be found [e.g., Historic Properties Identification Report (HPIR), CEQA document, etc.]. Provide supplemental information as needed. The HPIR (see the National Historic Preservation Act below) will suffice as documentation for this requirement. Regulatory Information: The AHPA was established in 1960 for the preservation of significant scientific, prehistoric, historic and archaeological materials and data that might be lost or destroyed as a result of flooding, the construction of access roads, relocation of railroads and highways, or any other federally funded activity that is associated with the construction of a dam or reservoir. Under this law, historical and archaeological resources do not have to be eligible, or considered eligible, in the National Register of Historic Places for an impact to occur. If a project will have an adverse effect to significant historical or archaeological resources or data, the State Water Board will coordinate with the United States Environmental Protection Agency (USEPA) to initiate consultation with the relevant federal agencies. Bald and Golden Eagle Protection Act Required Documentation: Explain if the project has the potential to adversely affect Bald or Golden Eagles. Please indicate where the impact assessment specific to Bald or Golden Eagles can be found [e.g., page number(s) of the biological report/assessment, CEQA document, etc.]. Regulatory Information: The bald eagle will continue to be protected by the Bald and Golden Eagle Protection Act (Act) even though it has been delisted under the Endangered Species Act. This law, originally passed in 1940, provides for the protection of the bald eagle and the golden eagle (as amended in 1962) by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit (16 U.S.C. 668(a); 50 CFR 22). "Take" includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb (16 U.S.C. 668c; 50 CFR 22.3). The 1972 amendments increased civil penalties for violating provisions of the Act to a maximum fine of $5,000 or one year imprisonment with $10,000 or not more than two years in prison for a second conviction. Felony convictions carry a maximum fine of $250,000 or two years of imprisonment. The fine doubles for an organization. Rewards are provided for information leading to arrest and conviction for violation of the Act. Clean Air Act Required Documentation: Identify the air basin and local air district for the project area. Provide the estimated project construction and operational air emissions (in tons per year) in the table, and attach supporting calculations, regardless of attainment status [emissions can be estimated by using the California Emissions Estimator Model (CalEEMod): http://caleemod.com/]. Local air 145 Financial Assistance Application Page 6 Environmental Package (Rev. 12/2019) quality thresholds of significance can be determined by contacting the Local Air District, or by visiting the Local Air District’s website. Submit additional supporting documents utilized to compile the data, and any air quality studies/models that have been completed for the project. Indicate where more information can be found (e.g., CEQA document, etc.). Regulatory Information: For SRF Programs’ financed projects, we recommend the applicant include a General Conformity Determination section in the CEQA document(s), so that another public review process would not be needed, should a General Conformity Determination be required. The applicant should check with the local air quality management district and review the California Air Resources Board’s air emissions map for information on the State Implementation Plan (https://www.arb.ca.gov/planning/sip/sip.htm). The applicant should refer to the USEPA’s Green Book for information on attainment status (https://www.epa.gov/green-book) and to the USEPA’s General Conformity Training for information on the federal de minimis levels (https://www.epa.gov/general-conformity/de-minimis-emission-levels). For information on how to proceed evaluating General Conformity requirements, please contact the Division of Financial Assistance Environmental Review Staff through the assigned Project Manager. Coastal Barriers Resources Act Since there is no designated Coastal Barrier Resources System in California, no impacts from California projects are expected. However, should the applicant believe there may be impacts to the Coastal Barrier Resources System due to special circumstances, please adhere to the following guidance. Required Documentation: Explain if the project will impact, or be located within or near, the Coastal Barrier Resources System or its adjacent wetlands, marshes, estuaries, inlets, and near- shore waters. If applicable, describe the project location with respect to the Coastal Barrier Resources System, or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.). Provide the status of any consultations conducted with the appropriate Coastal Zone management agency and the United States Department of Interior, Fish and Wildlife Service (USFWS). During the planning process, the applicant should consult with the appropriate Coastal Zone management agency (e.g., City or County with an approved Local Coastal Program, the California Coastal Commission, or the San Francisco Bay Conservation and Development Commission) to determine if the project will have an impact on the Coastal Barrier Resources System. Regulatory Information: The Coastal Barriers Resources Act is intended to discourage development in the Coastal Barrier Resources System and adjacent wetlands, marshes, estuaries, inlets, and near-shore waters. If the project will have an impact on the Coastal Barrier Resources System, the State Water Board must consult with the appropriate Coastal Zone management agency and the USFWS. Any recommendations from the Coastal Zone management agency and the USFWS will be incorporated into the project’s design prior to approval of SRF financing. For more information on Coastal Barrier Resources System in the project area, please visit: http://www.fws.gov/CBRA/. Coastal Zone Management Act 146 Financial Assistance Application Page 7 Environmental Package (Rev. 12/2019) Required Documentation: Explain if any portion of the project is located within the coastal zone and describe the project location with respect to coastal areas, or indicate where this information may be found (e.g., CEQA document, biological report/assessment, etc.). If applicable, provide the status or copy of the coastal zone permit or coastal exemption. To help determine if the project is located within a coastal zone, please contact the city or county in which the project is located, or your local California Coastal Commission office (https://www.coastal.ca.gov/enforcement/cdp_pamphlet.pdf). California’s coastal zone is defined as extending seaward to the state’s outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five (5) miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The coastal zone for the San Francisco Bay Conservation and Development Commission (BCDC) includes the open water, marshes, and mudflats of the greater San Francisco Bay, and areas 100 feet inland from the line of highest tidal action. The BCDC boundary also includes: the Suisun Marsh and buffer zone: managed wetlands diked off from the Bay; and open waters diked off from the Bay and used in salt production. Regulatory Information: Projects involving construction activities in the coastal zone will require consultation with either the California Coastal Commission (or the designated local agency with a Local Coastal Program), or the BCDC (for projects located in the San Francisco Bay area). For more information on Coastal Zone Management Act requirements, please refer to the following websites: · United States Coastal Zone Boundaries through the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), and National Marine Fisheries Service (NMFS) website at https://coast.noaa.gov/czm/mystate/; · California Coastal Commission website at http://www.coastal.ca.gov/ccatc.html; and/or · San Francisco Bay Conservation and Development Commission website at http://www.bcdc.ca.gov/. Endangered Species Act (ESA) Required Documentation: Explain if the project construction and operational activities may directly or indirectly affect any federally listed threatened or endangered species that are known or have a potential to occur on the project site, in the surrounding area, or in the service area. Please also indicate where more information can be found (e.g., biological report/assessment, CEQA document, etc.). The applicant must provide a biological assessment/report, prepared by a qualified biologist, that addresses possible direct, indirect, and cumulative impacts of the project to federally listed species under the ESA. Biological assessments/reports must include a clear description of the project, construction information, an up-to-date field survey, a species assessment table for all federally protected species, and an analysis of impacts to those species that have the potential to occur within or adjacent to the project site. Official species lists requested from the USFWS Information for Planning and Conservation database (https://ecos.fws.gov/ipac/) and the NMFS (http://www.westcoast.fisheries.noaa.gov/maps_data/california_species_list_tools.html) must 147 Financial Assistance Application Page 8 Environmental Package (Rev. 12/2019) accompany the biological assessment/report, as well as recently-generated species lists from the CDFW California Natural Diversity Database (https://www.wildlife.ca.gov/Data/CNDDB) and the California Native Plant Society Inventory of Rare and Endangered Plants of California (http://www.rareplants.cnps.org/). Regulatory Information: The USFWS and NMFS must be consulted for any projects that may have the potential to impact a federally listed species. The State Water Board will reach out to the USFWS or NMFS for technical assistance prior to initiating consultation under Section 7 of the ESA. If consultation is required, the Division of Financial Assistance Environmental Review Staff will coordinate with the USEPA to initiate a Section 7, ESA consultation with the USFWS and/or NMFS. The USFWS and NMFS must provide written concurrence prior to execution of SRF financing agreement. The USFWS and NMFS comments may include conservation measures, for which the applicant’s SRF financing agreement will be conditioned to ensure compliance. For further information on the ESA requirements, visit http://www.fws.gov/endangered/laws- policies/index.html and http://www.nmfs.noaa.gov/pr/laws/esa/. Note that compliance with both the state and federal ESAs is required of projects having the potential to impact state and federal special-status species or critical habitat. Although overlap exists between the state and federal ESAs, there might be additional or more restrictive state requirements. For further information on the California ESA, refer to the CDFW website at http://www.dfg.ca.gov/habcon/cesa/. For further guidance on the preparation of a biological report/assessment, please visit https://www.fws.gov/midwest/endangered/section7/ba_guide.html. Environmental Justice Required Documentation: Place a check (ü) in the box(es) that describe the impact of the project and provide a brief explanation for your answer(s). Explain any disproportionately high and adverse human health or environmental effects of the project’s activities on minority and low- income populations, or indicate where this information can be found. Regulatory Information: The USEPA has defined environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” Fair Treatment means that no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative consequences of industrial, governmental, and commercial operations or programs and policies. Meaningful Involvement means that: 1) potentially affected community members have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health; 2) the public’s contribution can influence the agency’s decision; 3) the concerns of all participants involved will be considered in the decision-making process; and 4) the decision-makers seek out and facilitate the involvement of those potentially affected. Environmental justice concern indicates the actual or potential lack of fair treatment or meaningful involvement of minority, low-income, or indigenous populations, or tribes in the development, implementation, and enforcement of environmental laws, regulations, and policies. 148 Financial Assistance Application Page 9 Environmental Package (Rev. 12/2019) Your project may involve an “environmental justice concern” if the project could: a) Create new disproportionate impacts on minority, low-income, or indigenous populations; b) Exacerbate existing disproportionate impacts on minority, low-income, or indigenous populations; or c) Present opportunities to address existing disproportionate impacts on minority, low-income, or indigenous populations that are addressable through the project. Farmland Protection Policy Act Required Documentation: Explain if any portion of the project is located on prime, unique, or important farmland, and provide information on the acreage that would be converted to other uses. Also, explain if any portion of the project boundaries is under a Williamson Act Contract, and specify the amount of acreage affected. Include this information in the Environmental Package or indicate where it can be found (e.g., farmland conversion assessment, CEQA document, etc.). If the project area is protected farmland or farmland under the Williamson Act Contract, please consult with appropriate federal, state, and local agencies and provide necessary documents to the State Water Board. Regulatory Information: Projects involving impacts to farmland designated as prime and unique, local and statewide importance, or under a Williamson Act Contract, will require consultation with the United States Department of Agriculture, Natural Resources Conservation Service and/or California Department of Conservation. The applicant should discuss with the State Conservationist or local representative the project’s potential impacts to important farmland. The State Conservationist can provide advice on: (a) what further actions must be taken by the applicant to further evaluate important farmlands, (b) the significance of all identified important farmlands, (c) the sizing of the project as it relates to secondary growth, (d) the continued viability of farming and farm support services in the project area, and (e) alternatives or mitigation measures for reducing potential adverse effects on important farmlands. For more information on the Farmland Protection Policy Act go to https://www.nrcs.usda.gov/wps/portal/nrcs/detail/?cid=nrcs143_008275, and for the Williamson Act go to https://www.conservation.ca.gov/dlrp/wa/Pages/wa_overview.aspx. Fish and Wildlife Coordination Act (FWCA) Required Documentation: Explain if the project involves any direct or indirect impacts from construction or operational activities to a body of water and provide the additional supporting information, as needed, or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.). Regulatory Information: Projects that may impact a stream or other water body by impounding, diverting, deepening a channel, or otherwise controlling or modifying flow for any purpose (including navigation and drainage) will require consultation with the USFWS and CDFW. The FWCA is not applicable to those projects in which the maximum surface area impoundment of water is less than ten (10) acres, or to activities for or in connection with programs primarily for land management and use carried out by federal agencies with respect to federal lands under their jurisdiction. 149 Financial Assistance Application Page 10 Environmental Package (Rev. 12/2019) The Division of Financial Assistance Environmental Review Staff will coordinate with the USEPA to initiate consultation with the relevant agencies, if necessary. Floodplain Management: Executive Orders 11988, 12148, and 13690 Required Documentation: Explain if any portion of the project is located within a 100-year floodplain as depicted on a floodplain map or otherwise designated by the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA). Describe any proposed measures that will be implemented to minimize or avoid redirection of the flood flow by the project, or indicate where this information can be found (e.g., CEQA document, floodplains/hydrological assessment, etc.). Provide information of any consultations completed with relevant agencies, along with the relevant FEMA floodplain map. If applicable, attach any reports (floodplains/hydrological assessment) completed for the project. Regulatory Information: Each agency shall take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains in carrying out its responsibilities. Before taking an action, each agency shall determine whether the project will occur in a designated floodplain. Through Executive Order 13690, there are three (3) methods for establishing flood elevation and hazard area: I. Use data and methods informed by best-available, actionable climate science; II. Build two (2) feet above the 100-year flood elevation for standard projects and build three (3) feet above the 100-year flood elevation for critical buildings; and III. Build to the 500-year flood elevation. If an agency determines or proposes to conduct, support, or allow a project to be located in a floodplain, the agency shall consider alternatives to avoid adverse effects and incompatible development in the floodplains. The project design and construction should take natural systems, ecosystem processes, and nature-based approaches into consideration when planning to construct within a floodplain whenever possible. For technical assistance regarding the Floodplain Management requirements for construction within a 100-year floodplain, please contact your local Floodplain Administrator. For assistance identifying the Floodplain Administrator for your project area, please contact your regional Department of Water Resources Floodplain Management Specialist at https://water.ca.gov/nfip. For further information regarding Floodplain Management requirements, please consult the FEMA website at http://www.fema.gov, as well as the USEPA Floodplain Management Executive Order 11988 at https://www.fema.gov/executive-order-11988-floodplain-management and Executive Order 13690 at https://www.gpo.gov/fdsys/pkg/FR-2015-02-04/pdf/2015-02379.pdf. Magnuson-Stevens Fishery Conservation and Management Act Required Documentation: Explain if the project construction activities involve direct, indirect, and/or cumulative impacts to Essential Fish Habitat (EFH), or indicate where this information can be found (e.g., biological report/assessment, EFH impact assessment/evaluation, CEQA document, etc.). To determine the project’s location relative to designated EFH and to obtain an unofficial or official NMFS species list, consisting of both endangered species and EFH that could potentially occur in the project area, please visit: 150 Financial Assistance Application Page 11 Environmental Package (Rev. 12/2019) http://www.westcoast.fisheries.noaa.gov/maps_data/california_species_list_tools.html. If the project may adversely impact EFH, the applicant must contact the NMFS to obtain an official species list, and can do so by following the link above and the associated website instructions. If the applicant is unable to obtain an official NMFS species list, please contact the Division of Financial Assistance Environmental Review Staff for further assistance. Regulatory Information: The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), as amended, is designed to manage and conserve national fishery resources. EFH consultations are only required for actions that may adversely affect EFH. The NMFS is responsible for publishing maps and other information on the locations of designated EFH and can provide information on ways to promote conservation of EFHs. If a project may adversely affect a designated EFH, consultation with the NMFS will be required. The Division of Financial Assistance Environmental Review Staff will reach out to the NMFS for technical assistance while reviewing the project. The Division of Financial Assistance Environmental Review Staff will coordinate with the USEPA to initiate consultation with the NMFS under the MSFCMA. The NMFS can respond informally or in writing. The NMFS comments may include conservation measures, for which the applicant’s SRF financing agreement will be conditioned to ensure compliance. For more information, see the brochure at http://www.nmfs.noaa.gov/sfa/reg_svcs/Council%20stuff/council%20orientation/2007/2007Trainin gCD/TabT-EFH/EFH_CH_Handout_Final_3107.pdf. Marine Mammal Protection Act Required Documentation: Explain if the project construction activities involve direct, indirect, and/or cumulative impacts to marine mammals, or indicate where this information can be found (e.g., biological report/assessment, EFH impact assessment/evaluation, CEQA document, etc). If the project may adversely impact marine mammals, the applicant should contact the Division of Financial Assistance Environmental Review Staff for further assistance. Regulatory Information: The Marine Mammal Protection Act (MMPA) was enacted on October 21, 1972. All marine mammals are protected under the MMPA. The MMPA prohibits, with certain exceptions, the "take" of marine mammals in the United States waters and by the United States citizens on the high seas, and the importation of marine mammals and marine mammal products into the United States. Jurisdiction for MMPA is shared by the USFWS and the NMFS. Migratory Bird Treaty Act Required Documentation: Explain if the project will impact federally protected migratory birds and provide a list of all protected migratory bird species that have the potential to occur in the project area, including their migration schedules and past sightings within the project area. Please indicate where this information can be found [e.g., page number(s) of the biological report/assessment, CEQA document, etc.]. Regulatory Information: The Migratory Bird Treaty Act (MBTA) restricts the killing, taking, collecting and selling or purchasing of native bird species or their parts, nests, or eggs. The MBTA, along with subsequent amendments to this act, provides legal protection for almost all 151 Financial Assistance Application Page 12 Environmental Package (Rev. 12/2019) breeding bird species occurring in the United States and must be included in the CEQA document. Each agency must make a finding that a project will comply with the MBTA in the CEQA document. For further information, please consult the Migratory Bird Program through the USFWS website at https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird- treaty-act.php. National Historic Preservation Act (NHPA)/Historic Sites Act (HAS) Required Documentation: A Historic Properties Identification Report (HPIR), written by a cultural resources professional who meets the Secretary of the Interior’s Professional Qualification Standards in Archaeology or Architectural History (www.nps.gov/history/local- law/arch_stnds_9.htm), as appropriate, needs to be sent to the State Water Board’s on-staff archaeologists. Contact the Project Manager or Division of Financial Assistance Environmental Review Staff for the assigned archaeologist’s contact information. For detailed information on the contents of the report, visit http://ohp.parks.ca.gov/pages/1071/files/106Checklist_Details.pdf. The HPIR must include all supporting documentation, such as the results of the California Historical Resources Information System (CHRIS) records search, the results of the Sacred Lands File Search and Native American correspondence, and site records from the records search and from new resources found during the field survey. In the Environmental Package, explain the NHPA, Section 106 finding of effect, or indicate where this information can be found (e.g., HPIR, cultural report). Regulatory Information: Section 106 of the NHPA requires federal agencies to take into account the effects of project activities on historic properties. The Section 106 process seeks to accommodate historic preservation concerns with the needs of federal undertakings through consultation among the agency official and other parties with an interest in the effects of the undertaking on historic properties, commencing at the early stages of project planning. Historic properties are any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places (NRHP). The term also includes properties of religious and cultural importance to a Native American tribe that meets the National Register criteria. The USEPA has given authority to the State Water Board to carry out the requirements of Section 106 of NHPA and its implementing regulations, found at 36 C.F.R. Part 800, in regards to the SRF Programs. The Division of Financial Assistance Environmental Review Staff consults with the State Historic Preservation Officer, the Advisory Council on Historic Preservation, and consulting parties on behalf of the USEPA and the applicant. http://www.waterboards.ca.gov/water_issues/programs/grants_loans/cwsrf_requirements.shtmlsht ml HSA became law on August 21, 1935 declaring the national policy to preserve for public use historic sites, building, and objects of national significance for the inspiration and benefit of the people of the United States. Applicants complying with the NHPA are likely meeting the objectives of the HSA. However, if compliance with the HSA is required, applicants are encouraged to contact the Division of Financial Assistance Environmental Review Staff for guidance on how to assure compliance. Protection of Wetlands 152 Financial Assistance Application Page 13 Environmental Package (Rev. 12/2019) Required Documentation: Explain if there is any area within the project boundaries that should be evaluated for wetland delineation and/or that requires a permit certification from the USACE, RWQCB(s), and/or CDFW. Provide a copy of the applicable permit(s) to the the Division of Financial Assistance Environmental Review, and indicate where more information can be found (e.g., CEQA document, wetland assessment/delineation report, biological report/assessment, etc.). Regulatory Information: In accordance with Executive Order 11990, Protection of Wetlands, any proposed project that will be in or will potentially affect wetlands must be assessed so that adverse impacts to wetlands can be avoided, to the extent possible. A wetland delineation report must be prepared for any project that will be located in or will potentially impact a wetland. The USACE Wetland Delineation Manual is available at https://www.cpe.rutgers.edu/Wetlands/1987- Army-Corps-Wetlands-Delineation-Manual.pdf. In addition, the CDFW determines whether or not an activity may adversely impact fish and wildlife resources, and a LSA may need to be prepared. For more information on Fish and Game codes please visit https://www.wildlife.ca.gov/Conservation/LSA. Rivers and Harbors Act, Section 10 Required Documentation: Explain if the project involves any regulated activities conducted below the Ordinary High Water (OHW) elevation of navigable waters of the United States that must be approved/permitted by the USACE per Section 10 of the Rivers and Harbors Act (Section 10). Indicate where more information on the project’s construction and regulated activities can be found (e.g., Project Technical Report/Engineering Report, CEQA document, etc.). Provide a copy of the Section 10 Permit to the Division of Financial Assistance Environmental Review, if applicable. Regulatory Information: If a project involves the construction of structures or any other regulated activities in, under, or over navigable waters of the United States, a Section 10 Permit from the USACE is required. Regulated activities include the placement/removal of structures, work involving dredging, disposal of dredged material, filling, excavation, or any other disturbance of soils/sediments or modification of a navigable waterway. Navigable waters of the United States are those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high water mark and/or are presently used, or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce. Tributaries and backwater areas associated with navigable waters of the United States, and located below the OHW elevation of the adjacent navigable waterway, are also regulated under Section 10. The applicant must consult with the USACE to obtain a Section 10 Permit, if applicable. For more information, please visit http://www.in.gov/indot/files/24_army.pdf. Safe Drinking Water Act/Sole Source Aquifer Protection Required Documentation: Explain if the project is located in an area designated by the USEPA, Region 9, as a sole source aquifer, and identify the sole source aquifer (e.g., Fresno County Aquifer; Campo/Cottonwood Creek Aquifer; Santa Margarita Aquifer, Scott’s Valley; or Ocotillo- Coyote Wells Aquifer) that will be affected. The applicant must comply with the Safe Drinking Water Act and document whether or not the project has the potential to contaminate a Sole Source Aquifer. The applicant shall be held responsible for providing an alternate project location 153 Financial Assistance Application Page 14 Environmental Package (Rev. 12/2019) and/or appropriate mitigation measures if a Sole Source Aquifer were to be significantly impacted by a project. Include this information in the Environmental Package, or indicate where this information may be found (e.g., biological report/assessment, CEQA document, etc.). Regulatory Information: For projects impacting a listed Sole Source Aquifer, the applicant must identify an alternative project location, and/or develop adequate mitigation measures in consultation with the USEPA. For more information, please visit the Sole Source Aquifer Program website at https://www.epa.gov/dwssa or contact the Division of Financial Assistance Environmental Review Staff for further assistance. Wild and Scenic Rivers Act Required Documentation: Explain if a segment of the project is located within a wild and scenic river, or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.). If the project is located within a wild and scenic river watershed, please provide a map identifying the watershed where the project is located. Regulatory Information: There are construction restrictions or prohibitions for projects near or in a designated “wild and scenic river.” A listing of designated “wild and scenic rivers” can be obtained at http://www.rivers.gov/california.php. Watershed information can be obtained through the “California Watershed Portal” at http://www.conservation.ca.gov/dlrp/watershedportal. Wilderness Act Required Documentation: Explain if a segment of the project is located within a designated Wilderness or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.). If the project is located within a designated Wilderness, please provide a map identifying the Wilderness Area in relation to where the project is located. Regulatory Information: Except as specifically provided for in the Wilderness Act (Act), and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment, or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such areas. If you have questions, please contact the Division of Financial Assistance Environmental Review Staff for further assistance. 154 Financial Assistance Application Page 15 Environmental Package (Rev. 12/2019) ENVIRONMENTAL PACKAGE (CONSTRUCTION) I. GENERAL INFORMATION Applicant (Entity) Name: Project Title: Environmental Contact Person: Phone: Email: Project Description: II. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS CEQA Lead Agency1: Environmental Document Status: Is the project categorically or statutorily exempt? Yes or No Has the CEQA process started for this project2? Yes or No Has compliance with the federal cross-cutting requirements started? Yes or No Provide the State Clearinghouse Number3: What type of CEQA document (Negative Declaration, Mitigated Negative Declaration, Environmental Impact Report) was prepared for this Project? Public Hearing/Meeting Date(s) for CEQA Document Adoption/Certification and Project Approval4: List and describe all related environmental permits, approvals, and certifications required for the project: __________ 1If the CEQA lead agency has not been identified, please contact the the Division of Financial Assistance Environmental Review Staff for guidance. 2The CEQA process and applicable federal cross-cutting requirements must be completed prior to receiving a financing agreement for the project. 3All environmental documents must be circulated through the Governor’s Office of Planning and Research, State Clearinghouse. 4The Clean/Drinking Water State Revolving Fund (SRF) Programs require at least one (1) public hearing/meeting, for projects that are not exempt under CEQA, in which the CEQA document(s) must be adopted/certified. All environmental documents must be less than five (5) years old at the time a financing agreement is executed for the project. 155 Financial Assistance Application Page 16 Environmental Package (Rev. 12/2019) Project Setting: Describe the current resource condition(s) and types of land use(s) in the project area and surrounding properties, and indicate if the project is located on tribal and/or federal land(s): Environmental Setting: Will the project: Yes No Be located in or adjacent to a sensitive biological area? Involve potential impacts to state or federally listed threatened or endangered species? Be located on or adjacent to wildlife migration routes? Be located in or adjacent to recreational facilities or resources? Be located on or adjacent to a unique stream or water body, or involve disturbance in a waterway or wetland? Involve removal of mature trees or trees of local importance? Involve a substantial alteration of ground contours? Involve new or increased use of a critically over-drafted groundwater basin or groundwater basin subject to salinity intrusion? Be located in an area with important geological resources (e.g., paleontological resources, mineral resources, etc.)? Involve substantial excavation and soil removal? Produce substantial quantities of dust, ash, smoke, fumes, odors, or other air quality pollutants? Involve substantial change in noise or vibration levels beyond the project area or be located in an area with sensitive noise receptors? Be located on slopes with a grade of 10 percent or more, on highly erodible soil, or in a geologically unstable area? Involve disposal of hazardous, flammable, or explosive materials? Be located within a 100-year flood zone and have the potential to redirect flood flows? Increase traffic above existing levels, or cause potential traffic related impacts? Involve substantial increase in energy consumption (e.g., electricity, oil, natural gas)? Contribute to significant cumulative impacts associated with successive projects of the same type, at or near the project site, over time? Include a reasonable possibility that the project will have a significant impact on the environment due to unusual circumstances? Involve growth inducing activities? Involve damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway? Be located on a hazardous waste site that is included on any lists compiled pursuant to Section 65962.5 of the Government Code? Increase health risks associated with hazardous chemicals? 156 Financial Assistance Application Page 17 Environmental Package (Rev. 12/2019) Be located on a site or area that has the potential to be contaminated by hazardous materials? Impact additional utilities services areas (e.g., gas lines, sewers, landfills, etc.)? Involve a substantial adverse change in the significance of a historical resource? If answers to any of the above questions are “Yes”, explain: III. CEQA EXEMPTION INFORMATION Categorical Exemptions (CE): California Code of Regulations (CCR), title 14, division 6, chapter 3, article 19, sections 15300 et seq. Identify the class(es) (e.g. Class 1: Existing Facilities, Class 2: Replacement of Reconstruction, etc.) that apply: Statutory Exemptions (SE): CCR, title 14, division 6, chapter 3, article 18, sections 15260 et seq. Check the statute(s) that apply: 15262, Feasibility and Planning Studies: A project involving only feasibility or planning studies for possible future actions that the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an Environmental Impact Report or Negative Declaration but does require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities. 15282, Other Statutory Exemptions: The installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing pipeline as set forth in Section 21080.21 of the Public Resources Code, as long as the project does not exceed one mile in length. Other (list specific code reference): Attach photos of the project area, as well as any documentation used to support the exemption determination. Explain how the project is consistent with the above listed SE(s) or CE(s) requirements by thoroughly describing the screening process and/or steps that were taken to determine if an exemption was appropriate for the project, including, but not limited to, the Initial Study: 157 Financial Assistance Application Page 18 Environmental Package (Rev. 12/2019) IV. EVALUATION SECTION FOR FEDERAL ENVIRONMENTAL COORDINATION Potential Co-Funding Sources Will the project potentially be co-funded by any other federal agencies? No – No other federal agencies will provide funding for the project. Yes – The project will potentially receive funding from other federal agency(s). Please list the agency(ies) and explain the funding status: United States Forest Service, Bureau of Land Management, and Other Federal Land (http://www.fs.usda.gov/r5) (https://www.blm.gov/california) Is any portion of the proposed project site located on the United States Forest Service (USFS), the Bureau of Land Management (BLM), or any other federally managed land? [For an interactive map outlining federally managed land, please visit: https://www.blm.gov/maps/frequently-requested/california.] No – The proposed project will not be located on the USFS, the BLM, or any other federally managed land. Yes – The proposed project will be located on the USFS, the BLM, or other federally managed land. Please explain or indicate where more information can be found (e.g., biological report/assessment, CEQA document, etc.), and attach a colored map identifying the project location with respect to the USFS, the BLM, or other federal land. Attach a copy of the appropriate authorization/permit for the use of federal land (e.g., USFS Special-Use Authorization, BLM Land Use Permit) or indicate the status of the authorization/permit below. Please indicate the USFS Office, the BLM District, or other federal regional unit in which the project is located and the contact information of the associated federal representative with whom the water system has been in contact: USFS Office/BLM District/Federal Regional Unit: (https://www.fs.usda.gov/main/r5/about-region/offices) (https://www.blm.gov/office/california-state- office) Contact Person: Contact E-Mail/Phone Number: 158 Financial Assistance Application Page 19 Environmental Package (Rev. 12/2019) Environmental Alternative Analysis The SRF Programs require an environmental alternative analysis for projects that have a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report pursuant to the CEQA. Please attach a copy of the environmental alternative analysis or indicate where it can be found (e.g., Project Technical Report/Engineering Report): Please briefly summarize the direct and indirect environmental impacts associated with each project alternative considered, including a “no project/no action” alternative, and the environmental considerations behind the selected project alternative: Archaeological and Historic Preservation Act (AHPA) (https://www.nps.gov/archeology/tools/laws/AHPA.htm) Will the project cause the irreparable loss or damage to a significant archaeological or historic resource or data through alteration of the terrain resulting from dam or reservoir construction (i.e., flooding, building of access roads, or construction of a reservoir) and require compliance under the AHPA? No – The project construction will not cause an irreparable loss or damage of significant archaeological or historic resources or data through alteration of the terrain resulting from dam or reservoir construction. The project does not require compliance with the AHPA. No – The project construction will not cause an irreparable loss or damage of significant archaeological or historic resources or data through alteration of the terrain resulting from dam or reservoir construction. The project does not require compliance with the AHPA. Please explain, or indicate where this information can be found [e.g., Historic Properties Identification Report (HPIR; see the National Historic Preservation Act below), CEQA document, etc.]: 159 Financial Assistance Application Page 20 Environmental Package (Rev. 12/2019) Bald and Golden Eagle Protection Act (https://www.fws.gov/birds/policies-and- regulations/laws-legislations/bald-and-golden-eagle-protection-act.php) The purpose of the Bald and Golden Eagle Protection Act is to not agitate the bald and golden eagle to the extent of not 1) Abusing an eagle, 2) Interfering with its substantial lifestyle, including shelter, breeding, feeding, or 3) Nest abandonment. Will the project conflict with the intent of the Bald and Golden Eagle Protection Act? No – The project does not conflict with the intent of the Bald and Golden Eagle Protection Act. Yes – The project may conflict with the intent of the Bald and Golden Eagle Protection Act. Explain: Clean Air Act (https://www.epa.gov/laws-regulations/summary-clean-air-act Identify Project Air Basin: (http://www.arb.ca.gov/ei/maps/statemap/abmap.htm) Identify Local Air District: (https://ww3.arb.ca.gov/capcoa/dismap.htm) Complete the following table: The project construction and operational air emissions can be estimated by using the California Emissions Estimator Model (CalEEMod) (http://caleemod.com/) Pollutant Federal Status (Attainment, Nonattainment, Maintenance, or Unclassified) Nonattainment Rates (i.e., marginal, moderate, serious, severe, or extreme) Threshold of Significance for Project Air Basin (if applicable – contact Local Air District) Estimated Construction Emissions (Tons/Year) Estimated Operation Emissions (Tons/Year) Ozone (O3) Carbon Monoxide (CO) Oxides of Nitrogen (NOx) 160 Financial Assistance Application Page 21 Environmental Package (Rev. 12/2019) Reactive Organic Gases (ROG) or Volatile Organic Compounds (VOC) Lead (Pb) Particulate Matter less than 2.5 microns in diameter (PM2.5) Particulate Matter less than 10 microns in diameter (PM10) Sulfur Dioxide (SO2) Is the project subject to a General Conformity Determination? Yes – The project is in a nonattainment area or maintenance area subject to maintenance plans for a federal criteria pollutant and project emissions are above the federal de minimis levels. The project is subject to General Conformity Determination. Please include supporting documents utilized to compile the data, and any air quality studies/models (e.g., CalEEMod report) that have been completed for the project. Indicate where more information can be found (e.g., CEQA document, etc.): No – The project is located in an attainment or unclassified area for all federal criteria pollutants, and/or the project emissions are below the federal de minimis levels. The project is not subject to General Conformity Determination. Please include supporting documents utilized to compile the data, and any air quality studies/models (e.g., CalEEMod report) that have been completed for the project. Indicate where more information can be found (e.g., CEQA document, etc.): Coastal Barriers Resources Act (https://www.fws.gov/ecological-services/habitat-conservation/coastal.html) Will the project impact or be located within or near the Coastal Barrier Resources System or its adjacent wetlands, marshes, estuaries, inlets, and near-shore waters? (Note: Since there 161 Financial Assistance Application Page 22 Environmental Package (Rev. 12/2019) are currently no coastal barrier units in California, projects located in California are not expected to impact the Coastal Barrier Resources System. If there is a special circumstance in which the project may impact the Coastal Barrier Resource System, indicate your reasoning below.) No - The project will not impact or be located within or near the Coastal Barrier Resources System or its adjacent wetlands, marshes, estuaries, inlets, and near-shore waters. Yes –The project will impact or be located within or near the Coastal Barrier Resources System or its adjacent wetlands, marshes, estuaries, inlets and near-shore waters. Describe the project location with respect to the Coastal Barrier Resources System, or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.). Please provide the status of any consultation with the appropriate Coastal Zone management agency and the United States Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS): Coastal Zone Management Act (http://coastal.ca.gov/cdp/cdp-forms.html and/or http://www.bcdc.ca.gov/) Is any portion of the project site located within the coastal zone? [NOTE: California’s coastal zone generally extends 1,000 yards inland from the mean high tide line, but may extend further if the area is located in significant coastal estuarine, habitat, and/or recreational areas, or to a lesser extent if the area is located in a developed urban area or within a coastal zone of the San Francisco Bay Conservation and Development Commission.] (To help determine if the project is located within a coastal zone, please visit https://coastal.ca.gov/maps/, or contact your local California Coastal Commission office or the city or county in which the project is located.) No – The project is not within the coastal zone. Yes – The project is located within the coastal zone. Attach a copy of the coastal zone permit or coastal exemption, or indicate the status of the coastal zone permit below (http://www.coastal.ca.gov/enforcement/cdp_pamphlet.pdf). Describe the project location with respect to coastal areas, or indicate where this information can be found (e.g., CEQA document, biological report/assessment, etc.) 162 Financial Assistance Application Page 23 Environmental Package (Rev. 12/2019) Endangered Species Act (ESA) (https://www.epa.gov/laws-regulations/summary-endangered-species-act) Ø Required documents: Attach a project-level biological report/assessment prepared by a qualified professional biologist that includes an up-to-date field survey and species list information (from the USFWS, the NMFS, the California Natural Diversity Database, and the California Native Plant Society) analyzing the project’s direct and indirect impacts on special status species in the project area. An official species list is required from the USFWS and the NMFS. Refer to the USFWS Midwest Region website for guidance on preparing a biological report/assessment that meets ESA, Section 7 requirements: https://www.fws.gov/Midwest/endangered/section7/index.html. Refer to the following resources for information regarding possible biological impacts and to obtain official and unofficial species lists for analysis: https://ecos.fws.gov/ipac/, http://www.rareplants.cnps.org/, https://www.fisheries.noaa.gov/topic/consultations#endangered-species-act-consultations, and/or https://www.wildlife.ca.gov/Data/CNDDB. Biological Field Survey Date(s): Does the project involve any direct or indirect impacts from construction or operation activities that may affect federally listed threatened or endangered species, or their critical habitat, that are known or have a potential to occur on the project site, in the surrounding area, or in the service area? No – The project will not have an impact on any federally listed species or their critical habitat. Please explain, or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.): Yes – The project will have an impact on one or more federally listed species or their critical habitat. Please provide information on the federally listed species that could potentially be affected by the project and any proposed avoidance and conservation measures. Please indicate below where more information can be found (e.g., biological report/assessment, CEQA document, etc.). If any consultations with state or federal agencies have been conducted for the project, please discuss the consultation efforts: 163 Financial Assistance Application Page 24 Environmental Package (Rev. 12/2019) Environmental Justice (https://www.epa.gov/environmentaljustice) Does the project involve an activity that is likely to be of particular interest to or have particular impact upon minority, low-income, or indigenous populations? No – The project is not likely to be of any particular interest to or have an impact on certain minority, low-income, or indigenous populations. Please explain, or indicate where this information can be found: Yes – The project is likely to be of particular interest to or have an impact on certain minority, low-income, or indigenous populations. Check the appropriate box(es): The project is likely to affect the health of these populations. The project is likely to affect the environmental conditions of these populations. The project is likely to present an opportunity to address an existing disproportionate impact of these populations. The project is likely to result in the collection of information or data that could be used to assess potential impacts on the health or environmental conditions of these populations. The project is likely to affect the availability of information to these populations. Other reasons (please describe): Please explain the selection above, or indicate where this information can be found: 164 Financial Assistance Application Page 25 Environmental Package (Rev. 12/2019) Farmland Protection Policy Act (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/?cid=nrcs143_008275) Is any portion of the project located on prime, unique, or important farmland? (Please refer to the following resources regarding important farmland: https://maps.conservation.ca.gov/dlrp/ciff/ and or http://www.conservation.ca.gov/DLRP/fmmp/Pages/Index.aspx) No – The project is not located on and will not impact prime, unique, or important farmland. Please explain, or indicate where this information can be found (e.g., farmland conversion assessment, CEQA document, etc.): Yes – The project is located on and/or will impact prime, unique, or important farmland. Attach documents/assessments evaluating the conversion of prime/unique farmland and farmland of statewide/local importance to non-agricultural uses, as well as any consultation(s) conducted with relevant agencies. Include information on the acreage that would be converted from important farmland to other uses. Indicate if any portion of the project boundaries is under a Williamson Act Contract, and specify the amount of acreage affected. Include this information here or indicate it can be found (e.g., farmland conversion assessment, CEQA document, etc.): 165 Financial Assistance Application Page 26 Environmental Package (Rev. 12/2019) Fish and Wildlife Coordination Act (FWCA) (https://www.fws.gov/ecological-services/es-library/pdfs/fwca.pdf) Will the project impact any bodies of water by impounding, diverting, deepening a channel, or otherwise controlling/modifying flow (including navigation and drainage)? No – The project will not impact any bodies of water and will not require compliance with the FWCA. Yes – The project will impact a body of water and will require compliance with the FWCA. Consultation with the USFWS and the California Department of Fish and Wildlife will be required. Please discuss the potential project impacts to the water body, or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.): Floodplain Management: Executive Orders 11988, 12148 and 13690 (https://www.fema.gov/executive-order-11988-floodplain-management, https://www.archives.gov/federal-register/codification/executive-order/12148.html, and https://www.whitehouse.gov/the-press-office/2015/01/30/executive-order-establishing- federal-flood-risk-management-standard-and-) Ø Required documents: Attach an official floodplain map that includes the project area. Please refer to the Federal Emergency Management Agency (FEMA) Flood Map Service Center for official floodplain maps: https://msc.fema.gov/portal. If the project area is unmapped by the FEMA, please explain below. Is any portion of the project located within a 100-year floodplain as depicted on a floodplain map or otherwise designated by the FEMA? No – The project is not located within a 100-year floodplain. Yes – The project or a portion of the project is located within a 100-year floodplain. Attach any reports (floodplains/hydrological assessment) completed for the project, and provide information of any consultations completed with relevant agencies. Describe the floodplain and any proposed measures that will be implemented to minimize or avoid redirection of the flood flow by the project, or indicate where this information can be found (e.g., floodplains/hydrological assessment, CEQA document, etc.): 166 Financial Assistance Application Page 27 Environmental Package (Rev. 12/2019) Magnuson-Stevens Fishery Conservation and Management Act (https://www.fisheries.noaa.gov/resource/document/magnuson-stevens-fishery- conservation-and-management-act) Does the project involve any direct or indirect impacts from construction or operational activities or changes in water quality/quantity that may impact Essential Fish Habitat (EFH)? (Please refer to the NMFS Mapper to help determine the project’s proximity and potential direct/indirect impacts to EFH, and to obtain a NMFS species list for the project location: https://www.fisheries.noaa.gov/region/west-coast.) No – The project will not impact EFH. Please explain, or indicate where this information can be found (e.g., biological report/assessment, EFH impact assessment/evaluation, CEQA document, etc.): Yes – The project may adversely impact EFH and consultation with the NMFS will be required. Describe how EFH could potentially be impacted by this project and any proposed avoidance and conservation measures, or indicate where this information can be found (e.g., biological report/assessment, EFH impact assessment/evaluation, CEQA document, etc.). Please attach an official NMFS species list, obtained through the NMFS Mapper link above, and explain any previous consultations/coordination conducted with the NMFS for the project: Marine Mammal Protection Act (https://www.fws.gov/international/laws-treaties-agreements/us-conservation-laws/marine- mammal-protection-act.html) Does the project involve any direct or indirect impacts from construction or operational activities or changes in water quality/quantity that may impact marine mammals? No – The project will not impact Marine Mammals. Yes – The project may adversely impact marine mammals and consultation with the NMFS and/or the USFWS will be required. Describe how marine mammals could potentially be impacted by this project and any proposed avoidance and conservation measures, or indicate where this information can be found (e.g., biological report/assessment, marine mammals impact assessment/evaluation, CEQA document, etc.). Please attach an official copy of the USFWS/NMFS species list(s), and explain any previous consultations/coordination conducted with the USFWS/NMFS for the project: 167 Financial Assistance Application Page 28 Environmental Package (Rev. 12/2019) Migratory Bird Treaty Act (http://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty- act.php, and/or https://www.fws.gov/birds/policies-and-regulations.php) Will the project impact protected migratory birds that are known or have a potential to occur on the project site, or the surrounding area? (Please refer to the USFWS’s IPaC tool to request an official list of “birds of conservation concern” with the potential to occur in the project area: https://ecos.fws.gov/ipac/) No – The project will not impact protected migratory birds. Please explain, or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.): Yes – The project may impact protected migratory birds. Attach documentation (e.g., biological report/assessment) that includes an official copy of the USFWS IPaC list of all the “birds of conservation concern” that could occur where the project is located. Discuss the project’s direct and indirect impacts (such as noise, vibration impacts, or modification of habitat) to migratory birds, and the mitigation measures that will be implemented to reduce or eliminate these impacts. Please indicate where more information can be found [e.g., page number(s) of the biological report/assessment, CEQA document, etc.]: 168 Financial Assistance Application Page 29 Environmental Package (Rev. 12/2019) National Historic Preservation Act (NHPA)/Historic Sites Act (HSA) (http://www.achp.gov/ https://www.nps.gov/history/local-law/hsact35.htm) Ø Required documents: A Historic Properties Identification Report (HPIR) written by a cultural resources professional who meets the Secretary of the Interior’s Professional Qualification Standards in Archaeology or Architectural History (www.nps.gov/history/local- law/arch_stnds_9.htm), as appropriate. The report must include a current records search (not older than five years) from the California Historical Resources Information System (CHRIS) (http://ohp.parks.ca.gov/?page_id=1068) extending to a half-mile beyond the project’s area of potential effects (APE), maps showing all recorded resources and surveys in relation to the APE, records of Native American outreach (http://nahc.ca.gov), and resource records from the CHRIS search and newly identified resources. Please contact Division of Financial Assistance Environmental Review Staff to receive additional details. Refer to the California Office of Historic Preservation website (under Section 106 Submission Checklists header) for guidance regarding the information required to consult under Section 106 of the NHPA: http://ohp.parks.ca.gov/pages/1071/files/106Checklist_Details.pdf. If the project is a type of activity that does not have the potential to cause effects to historic properties, a HPIR is not necessary. Contact the Division of Financial Assistance Environmental Review Staff to discuss this. This decision is based on the type of activities, not on the presence or absence of historic properties. Note: Please do not upload confidential documents to the FAAST system. Contact the Project Manager or Division of Financial Assistance Environmental Review Staff for guidance regarding submission of confidential documents. Identify Section 106 of the NHPA finding of effect contained in the cultural resources report: No Historic Properties Affected No Adverse Effect to Historic Properties Adverse Effect to Historic Properties If relevant, please justify compliance with both the HSA and the NHPA. Provide a brief explanation for the above identified determination, or indicate where this information can be found (e.g., HPIR or Cultural Report): 169 Financial Assistance Application Page 30 Environmental Package (Rev. 12/2019) Protection of Wetlands (https://www.epa.gov/cwa-404/protection-wetlands) Will any portion of the project be located in or potentially affect a wetland? (The USFWS National Wetlands Inventory contains a Wetlands Mapper that may help identify wetland locations: http://www.fws.gov/wetlands/Data/Mapper.html) No – The project will not be located in and/or will not potentially affect a wetland. Please explain, or indicate this information can be found (e.g., wetland assessment/delineation report, biological report/assessment, CEQA document, etc.): Yes – The project will be located in and/or will potentially affect a wetland. Attach a wetland assessment/delineation report consistent with the United States Army Corps of Engineer (USACE) guidance (https://www.codot.gov/programs/environmental/wetlands/documents/sacramento-district- minimum-standards-for-delineations-reports) describing the project’s potential impacts to wetlands and/or potential wetland areas; and the avoidance, minimization, and conservation measures that will be implemented to reduce such impacts. Please indicate where more information can be found (e.g., wetland assessment/delineation report, biological report/assessment, CEQA document, etc.): Rivers and Harbors Act, Section 10 (https://www.epa.gov/cwa-404/section-10-rivers-and-harbors-appropriation-act- 1899) Will the project involve the construction of structures or any other regulated activities in, under, or over navigable waters of the United States? (NOTE: Regulated activities include the placement/removal of structures, work involving dredging, disposal of dredged material, filling, excavation, or any other disturbance of soils/sediments or modification of a navigable waterway.) No – The project is not located in or near navigable waters of the United States. There will be no construction of structures, modification of existing structures, or any other regulated activity work in, under, or over navigable waters of the United States. Yes – The project will involve the construction of structures and/or one or more of the listed regulated activities in, under, or over navigable waters of the United States, and will require a Section 10 Permit. Please provide a copy of the permit obtained from the USACE, or the current status of the permit. Indicate below where more information on the project’s construction and regulated activities can be found (e.g., Project Technical Report/Engineering Report, CEQA document, etc.): 170 Financial Assistance Application Page 31 Environmental Package (Rev. 12/2019) Safe Drinking Water Act/Sole Source Aquifer Protection (http://water.epa.gov/infrastructure/drinkingwater/sourcewater/protection/index.cfm) Is the project located in an area designated by the USEPA, Region 9, as a Sole Source Aquifer? (Please refer to the USEPA’s website for an interactive map of the Sole Source Aquifer locations: https://www.epa.gov/dwssa). Sole Source Aquifers is California include the Fresno County Aquifer, Santa Margarita Aquifer, Campo/Cottonwood Creek Aquifer or the Ocotillo -Coyote Wells Aquifer. No - The project is not within the boundaries of a Sole Source Aquifer. Yes – The project is located in and/or will impact a Sole Source Aquifer: Provide the necessary information, including an alternative project location and/or adequate mitigation measures, for the State Water Board to initiate consultation with the USEPA, Region 9, Ground Water Office, or indicate where this information may be found (e.g., biological report/assessment, CEQA document, etc.): Wild and Scenic Rivers Act (http://www.rivers.gov/california.php) Identify the watershed within the project location: (https://cfpub.epa.gov/surf/locate/index.cfm) Will the project affect a wild and scenic river? Wild and Scenic Rivers in California include: Amargosa River, Lower American River, North Fork American River, Bautista Creek, Big Sur River, Black Butter River, Cottonwood Creek, Eel River, Feather River, Fuller Mill River, Kern River, Kings River, Klamath River Merced River, Owens River Headwaters, Palm Canyon Creek, Piru Creek, San Jacinto River (North Fork), Sespe Creek, Sisquoc River, Smith River, Trinity River, and Tuolumne River. No – The project will not impact any of the wild and scenic rivers listed above. Please explain, or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.): Yes – The project will impact a wild and scenic river. Attach a map of the impacted wild and scenic river and identify the wild and scenic river as well as the relative project location. 171 Financial Assistance Application Page 32 Environmental Package (Rev. 12/2019) Explain how the project will impact the wild and scenic river, or indicate where this information can be found (e.g., biological report/assessment, CEQA document, etc.): Wilderness Act (www.justice.gov/enrd/wilderness-act-1964) Except as specifically provided for in this Wilderness Act (Act), and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment, or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such areas. Is the project located in an area designated as wilderness? No - The project is not within the boundaries of a Wilderness Area. Yes – The project is located in and/or will impact a Wilderness Area: Provide the necessary information, including an alternative project location and/or adequate mitigation measures, for the Division of Financial Assistance Environmental Review Staff to coordinate with the USEPA to complete the consultation with the National Park Service and indicate where this information may be found (e.g., biological report/assessment, CEQA document, etc.): 172 Financial Assistance Application Page 33 Environmental Package (Rev. 12/2019) V. ENVIRONMENTAL PACKAGE ATTACHMENTS E1 - CEQA DOCUMENTS5 Notice of Exemption (NOE) Required Attachments: · Notice of Exemption filed with the State Clearinghouse and the County Clerk Negative Declaration (ND) Required Attachments: · draft and final Initial Study/Negative Declaration · comments and responses · resolution/minutes adopting the ND and approving the project · Notice of Determination (NOD) filed with the State Clearinghouse and the County Clerk Mitigated Negative Declaration (MND) Required Attachments: · draft and final Initial Study/Mitigated Negative Declaration · comments and responses · Mitigation Monitoring and Reporting Plan/Program (MMRP) resolution/minutes adopting the MND and approving the project · NOD filed with the State Clearinghouse and the County Clerk Environmental Impact Report (EIR) Required Attachments: · draft and final Environmental Impact Report · comments and responses · statement of overriding considerations, if applicable · Mitigation Monitoring and Reporting Plan/Program (MMRP)resolution/minutes certifying the EIR and approving the project · NOD filed with the State Clearinghouse and the County Clerk 5If a Joint CEQA/NEPA document is prepared for the project, please submit all relevant documents. 173 Financial Assistance Application Page 34 Environmental Package (Rev. 12/2019) E2 - FEDERAL CROSS-CUTTING DOCUMENTS · United States Forest Service, Bureau of Land Management, and Other Federal Land – Map of Federal Lands and the Federal Land Use Authorization/Permit, if applicable · Environmental Alternative Analysis, if applicable · Clean Air Act – CalEEMod Report or Other Air Quality Models/Studies Used, Required** · Coastal Zone Management Act – Coastal Permit or Coastal Exemption, if applicable · Endangered Species Act, Section 7 – Biological Report/Assessment, Required** · Farmland Protection Policy Act – Farmland Conversion Assessment, if applicable · Fish and Wildlife Coordination Act – Assessment of Impacts to Water Body, if applicable · Floodplain Management – o Official Floodplain Map (required) and § Floodplains/Hydrological Assessment, if applicable · Magnuson-Stevens Fishery Conservation and Management Act – EFH Impact Assessment, Official NMFS Species List, if applicable · Migratory Bird Treaty Act – List of Migratory Birds (May be Included in the Biological Report/Assessment), if applicable · National Historical Preservation Act, Section 106 – Historic Properties Identification Report, Required** · Protection of Wetlands – Wetland Assessment/Delineation Report, Clean Water Act Section 401 Certification and/or Clean Water Act Section 404 Permit, if applicable · Rivers and Harbors Act, Section 10 – Section 10 Permit, if applicable · Wild and Scenic Rivers Act – Map of Wild and Scenic Rivers Watershed, if applicable · Other Federal Cross-Cutting Documentation (i.e., Coastal Barrier Resources Act, Environmental Justice, etc.), if applicable - · Other Documentation – · Other Documentation – ** If your project is exempt, these documents may not be required. Please contact Division of Financial Assistance Environmental Review Staff for clarification. 174 STATE WATER RESOURCES CONTROL BOARD Division of Financial Assistance P. O. Box 944212, Sacramento, CA 94244-2120 Financial Assistance Application Page 1 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program Financial Security Package Instructions Applicant (Entity) Legal Name – Enter the full name of the entity that will be the legal signatory to a financing agreement. Proposed Security – Enter the revenues and fund(s) you will use to repay the CWSRF financing. Project Title – Enter the title of the project. Contact Person and Phone – Enter the name and phone number of the day-to-day contact for the project. This person should be able to answer financial questions about the project and application. 1. Financing Amount Requested Estimate the project costs to be funded with State Water Board CWSRF funds. This amount should match the Amount of Assistance Requested in Section 1 of the General Information Package. 2. Term Requested Indicate the financing term you are requesting: 20-year or 30-year (if eligible). 3. Other Project Funding Sources Describe how the total project will be financed. ü Enter the name(s) and type(s) of all funding sources. ü Enter the amount of funds you expect to receive from each source. ü Check the appropriate box to indicate whether the other sources of financing have been applied for, approved by the funding agency, or received by the applicant. ü Submit copies of other funding sources commitment or debt documents. Example: CWSRF financing $1,000,000 USDA grant $ 500,000 Applicant Agency portion $ 250,000 4. Current Year Median Household Income: Determination by Division Enter the estimated Median Household Income (MHI) for the proposed project service area, using the most recent income survey. If an income survey is not available, MHI estimates may be found at the Census Bureau website at http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml#none. Enter “Median Household Income in the Past 12 Months” and the municipality name into the Quick Search box. If you cannot locate data for your community, you may contact the Division at CleanWaterSRF@waterboards.ca.gov for additional assistance. MHI determinations are considered preliminary and will be finalized once the complete application is reviewed. 175 Financial Assistance Application Page 2 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program 5. Current Year Estimated Population Served Enter the estimated population of the wastewater system service area. 6. Active Service Connections If active wastewater service connections are currently and directly served by the wastewater system, enter the following for each applicable connection type: ü Number of active wastewater service connections that are currently and directly served by the wastewater system ü Projected average monthly service charge that will be in place after the proposed project is completed ü Average monthly billing for the last 12 months Rate increase effective date for projected monthly service charges – Enter the estimated date that the projected monthly service charges will go into effect (if unknown, assume one year after construction completion). 7. Projected Annual Operations and Maintenance Costs Enter the estimated annual costs to operate and fully maintain the proposed project after it is complete. Operations and maintenance costs include staff salaries, chemicals, utilities, warranties, routine repair and replacement, laboratory services, billing and collection and life-cycle costs. The consulting engineer should have included these costs in the Engineering Report. (Attachment T1). 8. Discussion of Material Events, Material Obligation Conditions, and Any Debt Limit Identify any current, prior, or pending material events such as bankruptcy, defaults, litigation, grand jury findings, unscheduled draws on reserve funds, substitution of insurers or their failure to perform, unscheduled draws on credit enhancements, actions taken in anticipation of filing Chapter 9, rating changes, relevant conditions in material obligations, and any local debt limit. 9. Wastewater Rate Study Indicate whether a wastewater rate study has ever been performed on your wastewater system as well as the date of the study and subsequent findings. If you respond yes, please submit a complete copy of the Wastewater Rate Study. ATTACHMENTS F1- Audited Financial Statements: Provide COMPLETE audited financial statements for the most-recent three fiscal years. If the applicant is not required to complete audited financial statements, the applicant should provide the three most-recent years of Federal and State tax returns. Identify any restricted funds and the reason for the restrictions as well as all sources of security to be pledged. If using real property, provide at least two appraisals of the value, how the value was determined, and whether the property is currently pledged as security on any other debt. 176 Financial Assistance Application Page 3 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program F2 - Budget Projections (Revenue/Expense): Provide projections for at least the next two fiscal years. Sample of Projections Operating Revenue Projections 2020/21 Projections 2021/22 Wastewater Sales $2,552,866 $2,680,509 Utility Billing Charges $830,000 $871,500 Wastewater Discharge Fee $15,000 $15,750 Connection Fees $475,000 $498,750 Other Income $25,000 $26,250 Other Non-Operating Revenue Interest Income $7,000 $7,350 Property Tax $1,200,300 $1,260,315 Other Misc. Income $2,000 $2,100 Total Revenue $5,107,166 $5,362,524 Operating Expenses Salaries $1,500,000 $1,575,000 Operating Supplies $500,000 $525,000 Repair and Maintenance $78,000 $81,900 Professional Fees $30,000 $31,500 Legal $20,000 $21,000 Lease/Rents $950,000 $997,500 Utility Billing Service $300,000 $315,000 Total Operating Expenses $4,578,000 $4,806,900 Net Revenue $529,166 $555,624 Existing Debt Service $93,000 $93,000 Total Net Revenue after Debt Service $436,166 $462,624 F3 – Tax Questionnaire: To be completed and submitted with an application for all loan projects (except for privately-owned entities). The Tax Questionnaire provides basic information about project costs, accounting, and who will own and operate the project. The applicant’s response to the Tax Questionnaire and Reimbursement Resolution (below) are reviewed by the State Water Board’s CWSRF tax attorney to determine whether the applicant is eligible to receive funds from tax-exempt revenue bond sales. This item is not required if the applicant is applying for 100% percent grant/principal forgiveness funding. F4 – Reimbursement Resolution: All loan applicants that are publicly-owned entities are required to submit an adopted Reimbursement Resolution for review by the CWSRF tax attorney. The language may not vary from the language provided in the template. The Reimbursement Resolution should be a stand-alone resolution. This item is not required if the applicant is applying for 100% percent grant/principal forgiveness funding. 177 Financial Assistance Application Page 4 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program F5a – Authorizing Resolution/Ordinance (for use by publicly owned entities): This resolution or ordinance designates the Authorized Representative(s) for the project, who will have the authority to sign and submit the CWSRF application materials, certify compliance with applicable state and federal laws, execute the financial assistance agreement and amendments, and certify disbursement requests. v To minimize the potential for problems, use the exact language in the template resolution. v Enter the title of the Authorized Representative, NOT a person’s name. v Do not modify the words financing or financial assistance to other terms such as “loan”, “grant”, or “principal forgiveness”. Use of these terms will create legal complications; the terms “financing” and “financial assistance” are broad enough to be applicable to all of the above. F6 – Rate Adoption Resolution, Copy of Rates, and Public Notice of Proposition 218 Meeting: Attach a copy of the most recent board resolution, ordinance, or similar document which approved the rates currently in place, a copy of the rates, and a copy of the Proposition 218 pubic meeting notice. F7 – Schedule of Related Debt and Debt Document Copies: Submit a schedule of all material debt secured by the Pledged Revenues and Fund(s), along with a copy of each relevant debt document (e.g., loans, private placements, bond indentures, installment sale agreements, etc.). If there are any pending debts, provide draft or estimated information. This schedule will be an exhibit to the CWSRF financing agreement and will rank related debt according to priority in relation to the proposed CWSRF debt (senior, parity, or subordinate tier). If the applicant has no other debt (except other CWSRF debt), the Authorized Representative must provide a letter stating this. In most cases, the CWSRF debt will be on parity with related debt. F8- Debt Management Policy: Applicant needs to submit a copy of their debt management policy. Guidance on Complying with SB 1029 Release Date: December 28, 2016- http://www.treasurer.ca.gov/cdiac/sb1029/guidance.pdf (not applicable if 100% grant/principal forgiveness funding). F9 – New Special Tax, Assessment District, or service charge projections: If applicable, provide budget projections based on proposed taxes, fees, charges or assessments (No template exists). Label the projections as Attachment F9. F10 – Relevant Service, Management, Operating, or Joint Powers Agreements: If applicable, provide a copy of any relevant, service, management, operating or joint powers agreements and any amendments (No template exists). Label the agreement as Attachment F10. F11 – District Certification of Interim Report (For School Districts Only): School Districts should provide a complete copy of their most-recent District Certification of Interim Report, including the signed Criteria and Standards Review Section. 178 Financial Assistance Application Page 5 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program FINANCIAL SECURITY PACKAGE (CONSTRUCTION) Applicant (Entity) Legal Name: Pledged Revenues And Fund(s) For The Project: Project Title: Contact Person: Phone: 1. Amount of Assistance Requested: $ 2. Term Requested: 20-Year 30-Year (If Eligible) 3. Other Project Funding Sources Name and Type of Funding Sources Amount Applied Approved Received $ $ $ 4. Current Year Median Household Income: $ 5a. Current Year Estimated Population Served: 5b. Current Year Estimated Number of Residences: 5c. Current Year Estimated Number of Permanently Occupied Residences: (Only required if applying for grant funding/principal forgiveness) 6. Active Service Connections Not Applicable Service Connection Type Number of Service Connections Average Monthly Billing (Last 12 months) Per Connection Residential $ Commercial $ Industrial $ Other $ TOTAL $ Rate increase effective date for projected monthly service charges: 7. Projected Annual Operations and Maintenance Costs, Including amortized replacement costs (upon completion): $ 179 Financial Assistance Application Page 6 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program 8. Discussion of Material Events, Material Obligation Conditions, and Any Debt Limit Identify any current prior material events such as bankruptcy, defaults, litigation, grand jury findings, unscheduled draws on reserve funds, substitution of insurers or their failure to perform, unscheduled draws on credit enhancements, actions taken in anticipation of filing Chapter 9, rating changes, relevant conditions in material obligations, and any local debt limit. 9. Rate Study Has a rate study been conducted for your system? Yes No If yes, please submit a complete copy of the Rate Study. 10. Debt Management Policy Please provide a copy of your Debt Management Policy (If Applicable). ATTACHMENTS (Check the box next to each item attached to your application.) F1 – AUDITED FINANCIAL STATEMENTS OR TAX RETURNS (3 Years) F2 – BUDGET PROJECTIONS (REVENUE/EXPENSE) (2 years – or more if needed) (See Sample in Application Instructions) F3 – TAX QUESTIONNAIRE F4 – REIMBURSEMENT RESOLUTION F5a – AUTHORIZING RESOLUTION F6 – RATE ADOPTION RESOLUTION, COPY OF RATES, AND PUBLIC NOTICE OF PROPOSITION 218 MEETING F7 – SCHEDULE OF ALL MATERIAL DEBT OR NO DEBT LETTER (See Application Instructions) F8 – DEBT MANAGEMENT POLICY (If Applicable) F9 – NEW SPECIAL TAX, ASSESSMENT DISTRICT, OR SERVICE CHARGE PROJECTIONS (If Applicable) F10 – RELEVANT SERVICE, MANAGEMENT, OPERATING, OR JOINT POWERS AGREEMENTS (If Applicable) F11 – SCHOOL DISTRICT CERTIFICATION OF INTERIM REPORT (If Applicable) 180 Financial Assistance Application Page 7 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program Attachment F3 STATE WATER RESOURCES CONTROL BOARD STATE REVOLVING FUND PROGRAM TAX QUESTIONNAIRE (Version April 2015) LEGAL NAME OF APPLICANT State Use Only: Project No. DATE/TIME REC’D BY SWRCB Instructions: Answer all and provide all information and documents requested. Begin typing in the shaded area and the space will enlarge to accommodate the information that is typed. In lieu of typing in the shaded areas for any question, a separate page may be attached to this Tax Questionnaire or an electronic file in Word format may be attached. Certain Definitions: As used in this Tax Questionnaire, "Project" means the facilities and/or capital improvements that you described in the Financial Assistance Application submitted to the State Water Board and constitutes those costs that will be funded by the State Water Board under the Financing Agreement (a template Financing Agreement can be found on the State Water Board’s website), “Governmental Entity” means a state, city, county, town, public school district, other special district or joint powers authority, and "Non-Governmental Entity" means any person, partnership, corporation or other organization that is not organized as a state, city, county, town, public school district, other special district or joint powers authority. The federal government constitutes a Non- Governmental Entity. A Section 501(c)(3) organization constitutes a Non-Governmental Entity. 1. Briefly describe the Project, its functions and its principal components. 2. Indicate by principal components your current estimates of the costs of the Project, as follows: a. Construction costs ............................................................................................... $ b. Equipment costs .................................................................................................. $ c. Land Purchase ..................................................................................................... $ d. Rehabilitation or renovation of facilities ............................................................. $ e. Site preparation costs .......................................................................................... $ f. Architectural/engineering, design and planning costs ......................................... $ g. Engineering and administrative costs during construction .................................. $ h. Surveys ............................................................................................................... $ i. Legal fees ............................................................................................................ $ j. Financing costs ................................................................................................... $ k. Commitment fees and deposits ........................................................................... $ l. Other construction costs (please specify) ............................................................ $ m. Other planning/design costs (please specify) ...................................................... $ 3. Will any portion of the financing provided under the Financing Agreement be used to refinance other debt(s) (e.g., including any bonds, notes, leases or commercial paper) relating to the Project? Yes No Not Applicable 4. If you answered “yes” to Question #3, please state the amount of financing provided under the Financing Agreement that is expected to be used for refinancing purposes. $ 181 Financial Assistance Application Page 8 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program 5. If you answered “yes” to Question #3, please specify the date(s) on which the financing provided under the Financing Agreement will be used to redeem other debt(s) relating to the Project. 6. If you answered “yes” to Question #3, please provide the following information: a. Name of the existing indebtedness to be refinanced: b. Issue date of the existing indebtedness: c. Par amount of the existing indebtedness: d. Purpose(s) of the existing indebtedness: e. Whether the existing indebtedness is immediately prepayable: f. Whether the interest on the existing indebtedness is federally taxable or tax-exempt: 7. If you answered “yes” to Question #3, are any proceeds of the other debt(s) relatin g to the Project still unspent? Yes No Not Applicable If yes, please identify the amounts and the funds or accounts in which such proceeds are on deposit. 8. If you answered “yes” to Question #3, was the other debt(s) to be refinanced with the financing provided under the Financing Agreement used to refinance other prior debt(s) relating to the Project? Yes No Not Applicable If yes, please provide the name of the original indebtedness, the issue date of the original indebtedness, the par amount of the original indebtedness, the purpose(s) of the original indebtedness, and whether the interest on the original indebtedness was federally taxable or tax-exempt. 9. Will any portion of the financing provided under the Financing Agreement be used for new financing of the Project? Yes No Not Applicable 10. If you answered “yes” to Question #9, please provide the dates of expected commencement and completion of construction of the Project. Expected Commencement Date of Project: ............................ Expected Completion Date of Project: .................................... 11. If you answered “yes” to Question #9, please state the amount of the financing provided under the Financing Agreement that is expected to be used for new financing purposes. If you answered “no” to Question #9, skip to Question #18 below. $ 12. If you answered “yes” to Question #9, please state the amount of Project costs to be newly financed under the Financing Agreement that are expected to be paid within the following periods of time: Please respond to this question using the expected initiation date of construction. Project costs to be spent within 6 months ......................................................................... $ Project costs to be spent within 12 months (cumulative) .................................................. $ Project costs to be spent within 18 months (cumulative) .................................................. $ Project costs to be spent within 24 months (cumulative) .................................................. $ Project costs to be spent within 30 months (cumulative) .................................................. $ Project costs to be spent within 36 months (cumulative) .................................................. $ Project costs to be spent beyond 36 months (cumulative) ................................................. $ 182 Financial Assistance Application Page 9 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program 13. If you answered “yes” to Question #9, have you paid any costs of the Project prior to the date hereof? Yes No Not Applicable For each Project cost that has been previously paid, please provide an itemization of the following: a. Amount of the payment ............................................................................................. b. Purpose of the payment .............................................................................................. c. Date of the Payment ................................................................................................... d. Source of payment of such cost (e.g., revenue, federal or state grants, other financing, internal loan) ................................................ 14. If you answered "yes" to Question #13, have you at any time adopted a resolution or other official action (e.g., a so-called “reimbursement resolution”) relating to your intent to finance the Project with financial assistance from the State Water Board or other indebtedness? Yes No Not Applicable If yes, please identify the date of such resolution or other document and attach a copy. 15. If you answered “yes” to Question #9, will any portion of the financing provided under the Financing Agreement be used to pay administrative or engineering expenses directly relating to the construction of the Project? Yes No Not Applicable If yes, please state the amount expected to be so used and provide details as to its calculation (e.g., based on actual costs or a percentage of construction). 16. If you answered “yes” to Question #15, will any portion of the administrative or engineering expenses directly relating to the construction of the Project be incurred by the staff of the Applicant? Yes No Not Applicable If yes, please state the amount expected to be so used and provide details as to its calculation (e.g., based on actual costs or a percentage of construction). 17. If you answered "yes" to Question #16, will the administrative or engineering expenses directly relating to the construction of the Project be tracked by an accounting system, such as a cos t accounting system, that will allow them to be differentiated from other charges for other work done by the applicant’s staff? Yes No Not Applicable If yes, please specify how charges will be tracked. 18. Does any Non-Governmental Entity own, or do you anticipate any Non-Governmental Entity owning, any portion of the Project at any time during the term of the financing? Yes No Not Applicable If yes, identify the Non-Governmental Entity and provide all available details with respect to its ownership interest. 183 Financial Assistance Application Page 10 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program 19. Does any Non-Governmental Entity lease, or do you anticipate any Non-Governmental Entity leasing, any portion of the Project at any time during the term of the financing? Yes No Not Applicable If yes, identify the Non-Governmental Entity and provide all available details with respect to its lease interest. 20. Have you entered, or do you anticipate entering, into any inter-municipal contract or agreement(s) with any Governmental Entity with respect to the Project (or any portion of the Project) during the term of the financing? Yes No Not Applicable If yes, please describe the purpose of each such agreement, and attach a copy of any existing or contemplated agreement. 21. Have you entered, or do you anticipate entering, into any contract or agreement any Non-Governmental Entity contracting to operate, manage or provide any exclusive services with respect to the Project (or any portion of the Project) during the term of the financing? Yes No Not Applicable If yes, please identify the Non-Governmental Entity and explain the arrangement. If an operations, management or exclusive services contract currently exists, please attach a copy. Contracts that relate solely to services that are merely incidental to the primary use of the Project need not be listed. Examples of incidental services are contracts for janitorial services, of fice equipment repairs or billing services. If you are uncertain as to whether the contract is incidental or not, please describe the contract and the services provided thereunder. 22. Does the Project provide, or do you anticipate the Project providing, water or wastewater services to any Non- Governmental Entity other than on the basis of standard rates and charges which are generally applicable and uniformly applied and are adjusted from time to time by the Applicant? Yes No Not Applicable If there are or will be any non-standard rates and charges, describe the rate structure, focusing on any special rate agreements or charges for specific entities. An example of a non-standard rate is an industrial user paying a flat fee in a system where the other users pay a rate based on usage. 23. Does any Non-Governmental Entity have, or do you anticipate any Non-Governmental Entity having, special priority rights or other preferential rights to use the Project or the services of the Project pursuant to any contractual or other arrangement? Yes No Not Applicable If yes, please identify the Non-Governmental Entity, and describe the special priority or preferential right(s). 24. Are the functions and services of the entire Project available, and do you expect the functions and services of the entire Project will be available, for use by the general public on a first-come, first-served basis? Yes No Not Applicable If no, please explain and describe the portion of the Project that is not, or will not, be available for use by the general public. For example, municipal water and wastewater systems used for residenti al, commercial, governmental and business purposes are available for use by the general public; a specialized pollution control facility immediately adjacent to a private business that is the sole user of the facility is not available for use by the genera l public. 184 Financial Assistance Application Page 11 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program 25. Have you entered, or do you anticipate entering, into a “take” or “take-or-pay” contract with any Non-Governmental Entity for use of any portion of the Project or the services of the Project? Yes No Not Applicable If yes, please identify the Non-Governmental Entity, and describe the arrangement therewith. If a take or a take-or-pay contract currently exists, please attach a copy. 26. Will any Non-Governmental Entity guarantee or otherwise be directly obligated to repay the financial assistance provided under the Financing Agreement? Yes No Not Applicable If yes, please identify the Non-Governmental Entity, and describe the guarantee arrangement therewith. 27. Have you received, or do you expect to receive, any grant or other form of assistance for financing of any portion of the Project from the State of California, the federal government or any other entity or person? Yes No Not Applicable If yes, please explain. 28. Will any portion of the financing projected under the Financing Agreement be used as a substitute for other funds which were otherwise to be used as a source of financing and which have been used or will be used to acquire, directly or indirectly, other investment property? Yes No Not Applicable If yes, please explain. APPLICANT ACKNOWLEDGEMENT AND SIGNATURE I hereby certify that I am an authorized representative of the Applicant, and that I am authorized by the Applicant to execute this Tax Questionnaire. I am charged with the responsibility to perform such acts as are necessary and proper for the financing, construction, acquisition and/or improvement of the Project, and am acting for and on behalf of the Applicant in executing this Tax Questionnaire. I certify that I am familiar with the Project and that all information contained herein is true, correct and complete to the best of my knowledge. I am not aware of any facts or circumstances that would cause me to question the accuracy or reasonableness of any information contained in these responses or attached documentation. I understand that the foregoing information and attached documentation will be relied upon by the State Water Board and their counsel, in providing financing with respect to the Project. AUTHORIZED REPRESENTATIVE SIGNATURE PRINT NAME AND TITLE DATE 185 Financial Assistance Application Page 12 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program Attachment F4 REIMBURSEMENT RESOLUTION WHEREAS, the __________________________________ (the "Agency") desires to finance the costs of (Agency Name) constructing and/or reconstructing certain public facilities and improvements relating to its water system, including certain treatment facilities, pipelines and other infrastructure (the "Project"); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"), and WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: SECTION 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. SECTION 2. The reasonably expected maximum principal amount of the Project Funds is $_____________. {Remove this Note when completing the Resolution: Please include the maximum reasonable project amount. Your SRF financing agreement will not exceed this amount under any circumstances.} SECTION 3. This resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds. SECTION 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. SECTION 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. SECTION 6. This resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. SECTION 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents. AYES: _______ NOES: _______ ABSENT: _______ CERTIFICATION I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the _____________________________________________ held on __________________. (Governing Board of the Agency) (Date) (Name, Signature, and Seal of the Clerk or Authorized Record Keeper of the Governing Board of the Agency) 186 Financial Assistance Application Page 13 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program Attachment F5a AUTHORIZING RESOLUTION/ORDINANCE RESOLUTION NO: _____________________ WHEREAS _____________________________________________________________________________ (insert appropriate findings) RESOLVED BY THE _______________________________________________________________OF THE (insert name of Governing Board of the Entity) ________________________________________________________________ (the “Entity”), AS FOLLOWS: (insert Entity name) The ____________________________________________ (the “Authorized Representative”) or designee is (insert Title of Authorized Representative) hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of ___________________________________________________________ (the “Project”). (insert Project Name) This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto. The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws. CERTIFICATION I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the ___________________________________________________________ held (insert name of Governing Board of the Entity) on ______________________. (Date) (Name, Signature, and Seal of the Clerk or Authorized Record Keeper of the Governing Board of the Agency) 187 Financial Assistance Application Page 14 of 14 Financial Security Package (Construction) (Rev. 12/2019) Clean Water State Revolving Fund Water Recycling Funding Program Attachment F7 SCHEDULE OF SYSTEM OBLIGATIONS Except for the following and the Obligation evidenced by this Agreement, the Recipient certifies that it has no outstanding System Obligations and that it is in compliance with all applicable additional debt provisions of the following: The following related debts are senior to the proposed CWSRF financing: Name of Lender and Title of Debt or Loan Number Debt Security or Source of Revenue Debt Service Coverage Requirement Original Debt Amount Current Balance Payment Amount Interest Rate Debt Term & Maturity Date $$$/ $$$/ $$$/ The following related debts are on parity to the proposed Financing Agreement: Name of Lender and Title of Debt or Loan Number Debt Security or Source of Revenue Debt Service Coverage Requirement Original Debt Amount Current Balance Payment Amount Interest Rate Debt Term & Maturity Date $$$/ $$$/ $$$/ $$$/ $$$/ The following related debts are subordinate to the proposed Financing Agreement: Name of Lender and Title of Debt or Loan Number Debt Security or Source of Revenue Debt Service Coverage Requirement Original Debt Amount Current Balance Payment Amount Interest Rate Debt Term & Maturity Date $$$/ $$$/ $$$/ $$$/ $$$/ Attach copies of the debt documents associated with the above debts. 188 & GRANT WRITING FUNDING ASSISTANCE 189 2STATEMENT OF QUALIFICATIONS Established in 1962, MNS Engineers, Inc. (MNS) provides quality infrastructure consulting services to the transportation, water resources, federal, and government services markets throughout California. We specialize in the core services of civil engineering, construction management and inspection, land surveying, and specialty municipal services such as grant writing. MNS provides grant writing services in the following areas: Civic Arts Infrastructure Improvements Community Development Parks and Recreation Disaster Relief Public Safety Economic Development Social Services Emergency Preparedness Technology Environmental Sustainability Transportation Housing Community Development Water Resources MNS has a highly qualified and experienced team to successfully provide grant writing services. Leading the MNS team is Principal Project Manager, Greg Jaquez, PE, who is our Grant Writing Practice Leader. Greg has over 34 years of experience in the civil engineering industry ranging from transportation planning, bikeway and pedestrian facility planning and project management, public infrastructure coordination with railroads, traffic engineering and community traffic calming, stormwater management planning, water resources policy, legislative management, grants management, and legislative advocacy. Greg is the primary client contact for grant writing services to ensure the MNS team assigned to a particular project has the expertise specific to the task or project at hand. This results in providing clients with the best team for the project. Prior to working at MNS, Greg had a 29-year career with the County of Los Angeles and the Los Angeles County Flood Control District (LACFCD) where he served as Water Policy Manager, Grants Manager, and staff support for the Greater Los Angeles County (GLAC) Integrated Regional Water Management (IRWM) Region. While at the County, Greg secured a $1M WaterSMART Basin Study partnership with the Bureau of Reclamation. The Los Angeles Basin Stormwater Conservation Study was a first-ever climate-change-based water supply study for the LACFCD. ABOUT MNS AND OUR GRANT WRITING TEAM MNS DETAILS LOCAL ADDRESS 3350 Shelby Street, Suite 370 Ontario, CA 91764 FIRM FOUNDED C-Corporation founded in 1962 FEDERAL TAX ID 95-2080889 OFFICES MNS has nine offices located in California: Santa Barbara (HQ), Ontario, Westlake Village, Antioch, Buellton, Oakland, San Francisco, San Jose, and San Luis Obispo. STAFF MNS has 160 employees in California PRIMARY CONTACT FOR GRANT WRITING SERVICES Greg Jaquez, PE, Principal Project Manager Ph 909.460.8844; gjaquez@mnsengineers.com Project Manager Commitment Greg is committed to the success of the tasks assigned to his team. He understands the responsiveness, thoroughness, and quality expected while staying within budget, providing timely service, and delivering work products well before due dates. He places a high value on communicating regularly with the project team to ensure resources are available to accomplish the work and appropriate quality assurance/quality control (QA/QC) reviews are performed on every deliverable. Greg communicates regularly with clients on progress, concerns, and coordination issues. Grant Writing Team Our grant writing team includes staff with PhD credentials, licensed engineers, and experts in their field with nearly all having greater than 15 years of experience. In addition to our Principal Project Manager, our senior team members are efficient and effective project managers in their own right and capable of managing multiple projects at a time. Our team’s capabilities are further augmented with the support of subconsultant partners in areas such as electrical engineering, landscape planning and design, real estate development, building architecture, and economics. The MNS grant writing team possesses an expert-level ability to support the City beyond grant writing tasks by providing planning, engineering, and economic analysis support, when needed, to conduct special studies and develop project concepts. GRANT WRITING AND FUNDING ASSISTANCE MNS SERVICES 190 3STATEMENT OF QUALIFICATIONS Greg Jaquez, PE Yrs Exp 34 Role Principal Project Manager License Professional Civil Engineer, CA No. 68182 Education BS, Civil Engineering, University of California, Berkeley, CA Mr. Jaquez specializes in grant writing and infrastructure project management. Greg’s additional experience includes transportation planning, bikeway and pedestrian facility planning and project management, public infrastructure coordination with railroads, traffic engineering and community traffic calming, stormwater management planning, water resources policy, legislative management, grants management, and federal advocacy. He is also the founder of the Los Angeles County Flood Control District's first-ever study on climate change effects in partnership with the Bureau of Reclamation, the Los Angeles Basin Stormwater Conservation Study. His experience includes: As-Needed Technical Grant Writing, City of Los Angeles Department of Water and Power (LADWP), CA. Project Manager. MNS prepared a Title XVI Feasibility Study for the Downtown Los Angeles Recycled Water Project. MNS completed two Proposition 1 Groundwater Sustainability Program applications for two sub- elements of the San Fernando Basin Remediation Project. MNS is also assisting LADWP in organizing a water conservation loan program funded by a Proposition 1 CalConserve loan. Proposition 68 Statewide Park Program, Soledad, CA. Project Manager. As a MNS prepared a grant application and provided preliminary engineering and public outreach support for the proposed Orchard Lane Park. The project was awarded $7.6M. Santa Monica Mountains Conservancy Proposition 68 — Grant Writing, City of La Cañada Flintridge, CA. Project Manager. MNS prepared a Proposition 68 grant application for the Flint Canyon Wash Trail Restoration Project. The City was awarded $300K which will be used to prepare final design plans and environmental documentation. California Resources Agency Urban Greening Grant Program — Project Scoping Support and Grant Writing, City of Tehachapi, CA. Project Manager. Greg provided project scoping support and prepared the grant application for the 2018 round of Urban Greening. The City was awarded $889,300. Linda Palmquist, PE Yrs Exp 23 Role Senior Grant Write Writer License Professional Civil Engineer, CA No. 49535 Education BS, Civil Engineering, University of Minnesota, MN Ms. Palmquist, a highly-skilled grant writer, has over 23 years of experience with water and wastewater infrastructure projects. Linda has served as project manager/engineer and construction manager for a variety of potable water, recycled water, and wastewater projects. Her first-hand understanding of engineering projects allows Linda to write effective grant proposals, including the US Bureau of Reclamation and Metropolitan Water District funding programs. Linda's extensive technical writing experience with planning documents, master plan reports, feasibility studies, urban water management plans, construction management documentation, and operation and maintenance manuals complements the grant application preparation process. Linda’s B2B marketing experience also enhances her grant writing capability. Her experience includes: As-Needed Technical Grant Writing, City of Los Angeles Department of Water and Power (LADWP), CA. Grant Writer. MNS prepared a Title XVI Feasibility Study for the Downtown Los Angeles Recycled Water Project. MNS completed two Proposition 1 Groundwater Sustainability Program applications for two sub- elements of the San Fernando Basin Remediation Project. MNS is also assisting LADWP in organizing a water conservation loan program funded by a Proposition 1 CalConserve loan. Proposition 1 Groundwater Sustainability, City of Los Angeles Department of Water and Power (LADWP), CA. Grant Writer. Linda prepared a grant application and provided preliminary engineering and public outreach support for the proposed Orchard Lane Park. The project was awarded $7.6M. Proposition 68 Statewide Park Program, Soledad, CA. Project Manager. As a MNS prepared a grant application and provided preliminary engineering and public outreach support for the proposed Orchard Lane Park. The project was awarded $7.6M. California Resources Agency Urban Greening Grant Program — Project Scoping Support and Grant Writing, City of Tehachapi, CA. Grant Writer. Linda prepared the grant application for the 2018 round of urban greening. The City was awarded $889,300. GRANT WRITING AND FUNDING ASSISTANCE MNS TEAM RESUMES AND RECENT EXPERIENCE 191 4STATEMENT OF QUALIFICATIONS GRANT WRITING AND FUNDING ASSISTANCE MNS TEAM RESUMES AND RECENT EXPERIENCE Monica Killen, PhD Yrs Exp 17 Role Senior Grant Writer Education PhD, Education, Chapman University, CA; MA, Mexican American Studies, California State University, Los Angeles, CA; BS, Human Services, California State University, Fullerton, CA Dr. Killen has worked in the public sector for over 17 years with experience in the areas of grant writing, outreach, project management, park and recreation management, legislative staffer, and higher education. Monica’s expertise in outreach stems from years of experience interacting with the San Gabriel Valley community through public speaking at conferences, community gatherings, schools and colleges, chamber meetings, educational presentations, and resident advisory groups. Fluent in English and Spanish, Monica can communicate effectively and establish immediate rapport with community members and leaders. Her experience includes: Santa Monica Mountains Conservancy Proposition 68 — Grant Writing, City of La Cañada Flintridge, CA. Senior Grant Writer. MNS prepared a Proposition 68 grant application for the Flint Canyon Wash Trail Restoration Project. The City was awarded $300K to prepare final design plans and environmental documentation. CalOES/FEMA Hazard Mitigation Grant, City of Rolling Hills, CA. Senior Grant Writer. MNS prepared three grant sub-applications and provided preliminary engineering and scoping support. Grant award pending. Department of Recreation and Community Services, City of Baldwin Park, CA. Program Supervisor. Monica managed full and part-time city employees within four department divisions, social services, youth and adult sports, aquatics, and after school child care. She served as Project Manager for Phase 1 renovation of Walnut Creek Nature Park and the City’s first comprehensive Park Master Plan. Her department also secured over $2M of state, county, and private foundation funds for multiple capital improvement projects throughout the City. Previously, Monica served as Program Coordinator in the department and secured $2.5M from Proposition 40 funds to transform a Works Project Administration (WPA) building into a cultural arts and recreation center. Children’s Museum at La Habra, City of La Habra, CA. Outreach Coordinator. Monica coordinated museum outreach programs to local preschools and elementary schools. She represented the museum at community events, handled Spanish media inquiries, established rapport with school teachers and principals, and focused on establishing partnerships with local community groups. She also secured $2.5K Crayola Dreammakers grant for professional development within the arts for local elementary school teachers. Linda Poksay Yrs Exp 21 Role Senior Grant Write Writer Education MS, Environmental Management, University of San Francisco, CA; BS, Renewable Natural Resources, University of California, Davis, CA Ms. Poksay has over 21 years in the municipal public works and environmental engineering consulting industry, specializing in water resources and environmental planning. Linda has provided a depth and breadth of knowledge in a number of regulatory venues, serving agencies in the SAWPA region and throughout California. She is a skilled technical and grant writer having worked on Urban Water Management Plans, water master plans, environmental resource plans, and grant applications to various state and federal agencies. Linda has the ability to quickly adapt to a variety of project roles and market sectors. Her experience includes: Ventura County Urban Landscape Efficiency (VCRULE) Program, City of Oxnard, CA. Senior Grant Writer. VCRULE identified landscapes to benefit the most in water savings with the installation of water-efficient irrigation devices. Hundreds of irrigation devices were retrofitted accordingly. VCRULE required intricate administration to ensure all co-agencies remained in compliance with the Department of Water Resources (DWR) grant specifications. Responsibilities included administering a $1.2M Proposition 84 grant involving multiple water purveyors in Ventura County (co-agencies). Watersheds Coalition of Ventura County Integrated Regional Water Management Implementation Plan, City of Oxnard, CA. Senior Grant Writer. Linda represented the City’s interests in the newly created Ventura countywide coalition of water resource stakeholders (Coalition) as related to the City’s Groundwater Recovery Enhancement and Treatment Program, enhancing the integration element of the Coalition’s efforts. The City’s decision to join the Coalition was too late in order to be considered for the first application for implementing grant funding; however, the City was included in the Coalition’s second application for funding. In the meantime, the City representation assisted in the formation of the Coalition’s goals, objectives, and organization. The State Water Resources Control Board awarded $25M in Proposition 50 funds to the Coalition in 2008. Local Groundwater Management Assistance Grant Application, Elsinore Valley Municipal Water District (EVMWD),CA. Senior Grant Writer. Responsible for preparing an application on behalf of EVMWD for funding of the Groundwater Quality Sampling and Modeling Project; the purpose was for construction and operation to evaluate the extent and severity of groundwater quality. Of the proposed $250K of Assembly Bill 303 funding, with a $15K cost share, DWR awarded $168,300 to EVMWD. 192 5STATEMENT OF QUALIFICATIONS Safe, Clean Water Program (SCW), San Gabriel, Glendora, and La Cañada Flintridge, CA Client City of San Gabriel 425 S. Mission Drive, San Gabriel, CA 91776 City of Glendora 116 E. Foothill Boulevard, Glendora, CA 91741 City of La Cañada Flintridge 1327 Foothill Boulevard, La Cañada Flintridge, CA 91011 Reference Greg DeVinck (City of San Gabriel) | 626.308.2825 | gdevinck@sgch.org Alison Sweet (City of Glendora) ( | 626.914.8260 | asweet@cityofglendora.org Patrick DeChellis (City of La Cañada Flintridge) | 818.790.8880 | pdechellis@lcf.ca.gov Project Dates January 2020 – April 2020 Funding Status $900K secured | Fee: $9K (projected and completed) Team Members Involved Greg Jaquez (Principal Project Manager) For each of these three cities, MNS advised on recommending the respective project pursuits, developed the general project scopes, prepared the funding application to the SCW program, and represented the cities as presenter and spokesperson to the respective SCW Steering Committees. Proposition 1 Groundwater Sustainability, Los Angeles, CA Client City of Los Angeles Department of Water & Power (LADWP) 111 N. Hope Street, Room 314, Los Angeles, CA 90012 Reference Sofia Marcus | 213.367.0925 | sofia.marcus@ladwp.com Project Dates June 2018 – February 2019 Funding Status $230M secured | Fee: $59K (projected and completed) Team Members Involved Greg Jaquez (Principal Project Manager), Linda Palmquist (Senior Grant Writer) MNS collaborated with LADWP staff and their consultant design team to prepare two grant applications for the North Hollywood Central Groundwater Remediation Project and the Tujunga Groundwater Remediation Project, respectively. Highly technical study documents were interpreted for use in responding to grant application requirements. MNS also prepared project scheduling documents to correspond to grant program requirements. The two projects are part of a historic multi-year effort to remediate contamination in the San Fernando Groundwater Basin. GRANT WRITING AND FUNDING ASSISTANCE MNS GRANT WRITING EXPERTISE MNS GRANT WRITING EXPERIENCE 193 6STATEMENT OF QUALIFICATIONS Proposition 68 Statewide Park Program, Soledad, CA Client City of Soledad 248 Main Street, Soledad, CA 93960 Reference Oscar Antillon | 831.223.5173 | oantillon@cityofsoledad.com Project Dates May 2019 – August 2019 Funding Status $7.6M secured | Fee: $25K (projected and completed) Team Members Involved Greg Jaquez (Principal Project Manager), Linda Palmquist (Senior Grant Writer), Linda Poksay (Senior Grant Writer), and Jonathan Dolan (Assistant Grant Writer) MNS prepared the grant application and provided public outreach support for the new Orchard Lane Park Project. MNS prepared public outreach support materials such as participant involvement exercises, concept sketches, and meeting documents. As the process progressed, MNS provided concept development designs and cost estimates in conjunction with the City’s contracted landscape architect. CalOES/FEMA Hazard Mitigation Grant, Rolling Hills, CA Client City of Rolling Hills 2 Portuguese Bend Road, Rolling Hills, CA 90274 Reference Elaine Jeng | 310.377.1521 | ejeng@cityofrh.net Project Dates March 2019 – October 2019 Funding Status $2.8M secured | Fee: $21K (projected and completed) Team Members Involved Greg Jaquez (Principal Project Manager), Linda Palmquist (Senior Grant Writer), and Monica Killen (Senior Grant Writer) MNS prepared a set of three Hazard Mitigation Grant (HMG) applications for a Wildfire Protection Plan, the Eastfield Drive Utility Undergrounding Project, and the Wildfire Fuel Breaks Project. Wildfire Protection Plan (WPP). In addition to preparing narratives for application forms and attachments, MNS developed the scope description for the WPP, cost estimate breakdown for plan development, and delivery plan to complete the WPP through public outreach and interjurisdictional coordination. Eastfield Drive Utility Undergrounding Project. In addition to preparing narratives for application forms and attachments, MNS collaborated with an electrical engineering firm to develop the project scope and cost estimate. Fuel Breaks Project. Upon discovering the City’s proposed locations to design and construct wildfire fuel breaks were infeasible, MNS reviewed alternate potential sites and developed concept plans and estimates for the fuel breaks. Proposition 1 Baldwin Hills Conservancy, Los Angeles, CA Client California Conservation Corps Foundation 921 11th Street, Suite 1100, Sacramento, CA 95814 Reference Adam Somers | 916.444.1500 | adam@cccfoundation.net Project Dates March 2018 – April 2018 Funding Status $1.48M secured | Fee: $7.5K (co-written) Team Members Involved Greg Jaquez (Principal Project Manager) MNS prepared the grant application for the Yvonne Burke Sports Complex Stormwater Management Project. MNS provided preliminary engineering services to develop the project scope and cost estimate. Applications materials included concept graphics, cost estimate table, and project schedule. GRANT WRITING AND FUNDING ASSISTANCE MNS GRANT WRITING EXPERTISE 194 7STATEMENT OF QUALIFICATIONS GRANT WRITING AND FUNDING ASSISTANCE MNS GRANT WRITING EXPERTISE Urban Greening Program, Tehachapi, CA Client City of Tehachapi 115 South Robinson Street, Tehachapi, CA 93561 Reference Jay Schlosser | 661.822.2200 | jschlosser@tehachapicityhall.com Project Dates April 2017 – May 2017 Funding Status $889K secured | Fee: $12.6K (projected and completed) Team Members Involved Greg Jaquez (Principal Project Manager) and Linda Palmquist (Senior Grant Writer) MNS prepared the grant application for its Citywide Tree Planting and Stormwater Capture Project for submittal to the California Natural Resources Agency. Additional services provided were project scope development and cost estimation. Application materials included graphical exhibits, cost estimate table, renderings, and greenhouse gas reduction calculations. Proposition 68 Santa Monica Mountains Conservancy, La Cañada Flintridge, CA Client City of La Cañada Flintridge 1327 Foothill Boulevard, La Cañada Flintridge, CA 91011 Reference Patrick DeChellis | 818.790.8880 | pdechellis@lcf.ca.gov Project Dates November 2018 – January 2020 Funding Status $300K secured | Fee: $4K (projected and completed) Team Members Involved Greg Jaquez (Principal Project Manager) and Monica Killen (Senior Grant Writer) MNS prepared narratives for the application form and the cost estimate breakdown for preliminary engineering, engineering design, and environmental documentation services for the Flint Canyon Wash Trail Restoration Project (Design/Environmental Phase). The City was awarded $300K, which will be used to prepare final design plans and environmental documentation. Los Angeles Department of Water and Power, 111 N. Hope St., Room 314, Los Angeles, CA 90012 Reference: Sofia Marcus | 213.367.0925 | sofia.marcus@ladwp.com Description: MNS prepared a Proposition 1 Stormwater Implementation Grant application for the Valley Village Park Stormwater Project. To minimize the region’s dependence on imported water, the project will capture 158 AFY of runoff from a 453-acre tributary area and recharge the San Fernando Valley Groundwater Basin. The project consists of installing a 0.65- acre underground infiltration gallery at Valley Village Park. Construction of the underground infiltration gallery includes installation of a storm drain diversion structure, stormwater pipeline, two hydrodynamic separator (HDS) units, flow measuring devices, and maintenance holes. Funding status: $6M secured | Fee: $52K (projected and completed) | Project dates: 04/2020 – 06/2020 Proposed team members included Greg Jaquez (Principal Project Manager), Linda Palmquist (Senior Grant Writer) Special problems: None. Proposition 1 Stormwater, Los Angeles, CA 195 GRANT WRITING AND FUNDING ASSISTANCE MNS GRANT WRITING EXPERTISE ADDITIONAL MNS PROJECT EXPERIENCE Agency Project Name Funding Status and Fee Team Members Involved City of Monrovia Southern California Association of Governments (SCAG) Future Communities Pilot Program $500K secured Fee $9,975 Greg Jaquez Jill Luo Monica Killen City of Santa Paula Ventura County Transportation Commission (VCTC) Community Multiscale Air Quality (CMAQ)/Transportation Development Act (TDA) Call for Projects $266K secured Fee $7,540 Greg Jaquez Linda Palmquist City of Glendora Highway Safety Improvement Program (HSIP) Southern California Association of Governments (SCAG) Sustainable Communities $150K secured $250K secured Fee $15,120 Greg Jaquez City of Pittsburg Highway Safety Improvement Program (HSIP) Cycle 7 $265K secured Fee $10,000 Greg Jaquez City of Pittsburg Highway Safety Improvement Program (HSIP) Cycle 7 $547K secured Fee $10,000 Greg Jaquez City of Buellton Active Transportation Program (ATP) Cycle 3 $684K secured Fee $10,000 Greg Jaquez LA County Flood Control District Bureau of Reclamation WaterSMART Basin Studies $1M secured Greg Jaquez 8STATEMENT OF QUALIFICATIONS City of Stockton Highway Safety Improvement Program (HSIP) Cycle 10 $2M secured Fee $18,444 Greg Jaquez City of Soledad Highway Safety Improvement Program (HSIP) Cycle 9 $250K secured Fee $11,398 Greg Jaquez Los Olivos CSD Water Recycling Funding Program Planning Grant $75K secured Fee $5,000 Greg Jaquez City of Soledad Caltrans Local Roadway Safety Plan Grant $40K secured Fee $2,500 Greg Jaquez City of Carpinteria Caltrans Local Roadway Safety Plan Grant $40K secured Fee $2,500 Greg Jaquez City of Buellton Caltrans Local Roadway Safety Plan Grant $40K secured Fee $2,500 Greg Jaquez City of La Verne Caltrans Local Roadway Safety Plan Grant $40K secured Fee $2,500 Greg Jaquez 196 GRANT WRITING AND FUNDING ASSISTANCE MNS GRANT WRITING EXPERTISE CURRENT MNS PROJECTS AND STATUS Agency Project Name Project Status California State Parks Tehachapi Valley Recreation Park District, Tucker Park Program: Proposition 68 Statewide Park Program (SPP) Round 4 Complete California State Parks City of Greenfield: Greenfield Community Center and Park Program: Proposition 68 Statewide Park Program (SPP) Round 4 Complete California State Parks City of Soledad Program: Per Capita Program Not yet started Caltrans City of La Verne Program: Local Roadway Safety Plan Not yet started Caltrans City of Solvang Program: Local Roadway Safety Plan Underway 9STATEMENT OF QUALIFICATIONS Bureau of Reclamation Carpinteria Valley Water District Title XVI WIIN Water Reuse Grant Complete FHWA City of Newark Federal Lands Access Program Grant Underway 197 3350 Shelby Street, Suite 370 Ontario, CA 91764 909.460.8844 Oce Greg Jaquez, PE Gjaquez@mnsengineers.com mnsengineers.com 198 1 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into by and between the City of Rolling Hills, a municipal corporation (hereinafter referred to as the "City"), and MNS Engineers, Inc., a California corporation (hereinafter referred to as "Consultant"). R E C I T A L S A. The City desires to utilize the services of Consultant as an independent contractor to provide loan application services for the Clean Water State Revolving Fund (CSSRF) for the City’s proposed 8” Sewer Capital Improvement Project. B. The Consultant warrants to the City that it has the qualifications, experience, and facilities to perform properly and timely the services under this Agreement. C. The City does not have the personnel able and available to perform the services required under this Agreement. NOW, THEREFORE, the City and the Consultant agree as follows: 1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement as Exhibit A, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement shall govern. The Consultant shall begin work upon a written notice to proceed from the City and shall stop work upon any written notice to stop from the City. The Scope of Work may be amended from time to time in writing and signed by both parties by way of written amendment to this Agreement. The location where services are to be performed shall be determined by mutual agreement of the parties’ representatives. To the extent that services are performed in City Hall, Consultant agrees that its employees will abide by any COVID- 19 protocols then in effect. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 2.0 TERM OF AGREEMENT. This Agreement will become effective upon execution by both parties and will remain in effect for a period of six months from said date unless otherwise expressly extended and agreed to by both parties in writing through written amendment to this Agreement or terminated by either party as provided herein.The City Manager, or her designee, may extend this contract for an additional six months. 3.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with Exhibit B, the Scope of Work’s fee and cost schedule for the services attached to and made part of this Agreement subject to a do not exceed amount in the amount of $19,970. Compensation shall under no circumstances be increased except by written amendment of this Agreement. The Consultant shall be paid within forty-five (45) days of presentation of 199 2 an invoice to the City for services performed to the City’s satisfaction. The Consultant shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the City. 4.0 CONTRACT ADMINISTRATION 4.1 The City’s Representative. Unless otherwise designated in writing, the City Manager, or her designee, shall serve as the City’s representative for the administration of this Agreement. All activities performed by the Consultant shall be coordinated with the City Manager or her designee. 4.2 Manager-in-Charge. For the Consultant, Greg Jaquez, PE, Principal Project Manager shall be in charge of all matters relating to this Agreement and any agreement or approval made by such person shall be binding on the Consultant. The Manager-in-Charge shall not be replaced without the written consent of the City. 4.3 Responsibilities of the City. The City shall provide all relevant documentation in its possession to the Consultant upon request and City staff shall work with Consultant in order to facilitate its performance of its services hereunder. 4.4 Personnel. The Consultant represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The Consultant reserves the right to determine the assignment of its own employees to the performance of the Consultant’s services under this Agreement, but the City reserves the right, for good cause, to require the Consultant to exclude any employee from performing services on the City’s premises. 5.0 TERMINATION. 5.1 Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof. In the event of such termination, Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered in a manner reasonably satisfactory to the City and fees incurred pursuant to this Agreement through the notice of termination. 5.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of suchtermination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants 200 3 shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages. 5.3 In the event of termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. 6.0 INDEMNIFICATION. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees, and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 7.0 INSURANCE REQUIREMENTS. 7.1 The Consultant, at the Consultant’s own cost and expense, shall procure and maintain, for the duration of the Agreement, the following insurance policies: 7.1.1 Workers’ Compensation Coverage. The Consultant shall maintain Workers’ Compensation Insurance for its employees in accordance with the laws of the State of California. In addition, the Consultant shall require any and every subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the City, its officers, agents, employees, and volunteers for losses arising from work performed by the Consultant for City. 7.1.2 General Liability Coverage. The Consultant shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 201 4 7.1.3 Automobile Liability Coverage. The Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than three hundred thousand dollars ($300,000) combined single limit for each occurrence. If Consultant or Consultant’s employees will use personal automobiles in any way on this project, Consultant shall obtain evidence of personal automobile liability coverage for each such person. 7.1.4 Professional Liability Coverage. The Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per- occurrence basis. When coverage is provided on a “claims made basis,” Consultant will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover Consultant for all claims made by City arising out of any errors or omissions of Consultant, or its officers, employees, or agents during the time this Agreement was in effect. 7.2 Endorsements. Each insurance policy shall be issued by insurers possessing a Best’s rating of no less than A-:VII. Each general liability insurance and automobile liability insurance policy shall be endorsed with the specific language of Section 7.2.1 – 7.2.7 below. Consultant also agrees to require all Consultants and subcontractors to do likewise. 7.2.1 “The City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations.” 7.2.2 This policy shall be considered primary insurance with respect to the City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with this policy. 7.2.3 This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 7.2.4 Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to the City in excess of the limits and 202 5 coverage required under this Agreement and which is applicable to a given loss will be available to the City. 7.2.5 The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees, or agents regardless of the applicability of any insurance proceeds, and agrees to require all subcontractors to do likewise. 7.2.6 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 7.2.7 The insurance provided by this policy shall not be suspended, voided, or reduced in coverage or in limits except after thirty (30) days’ written notice has been submitted to the City and approved of in writing, except in the case of cancellation, for which ten (10) days’ written notice shall be provided. 7.2.8 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 7.3 Self Insured Retention/Deductibles. Policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner’s behalf upon the Owner’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 7.4 Certificates of Insurance. The Consultant shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 7.5 Failure to Procure Insurance. Failure onthe part of the Consultant to procure or maintain required insurance shall constitute a material breach of contract under which the City may terminate this Agreement pursuant to Section 5.2 above. 8.0 ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the City for entering into this Agreement is the professional reputation, experience, and competence of the Consultant. Assignments of any or all rights, 203 6 duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. The Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If the City consents to such subcontract, the Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 9.0 COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS.The Consultant shall use the standard of care in its profession and comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. 9.1 Taxes. The Consultant agrees to pay all required taxes on amounts paid to the Consultant under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. In the event that the City is audited by any Federal or State agency regarding the independent contractor status of the Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the City and the Consultant, then the Consultant agrees to reimburse the City for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto. 9.2 Workers’ Compensation Law. The Consultant shall fully comply with the workers’ compensation law regarding the Consultant and the Consultant’s employees. The Consultant further agrees to indemnify and hold the City harmless from any failure of the Consultant to comply with applicable workers’ compensation laws. The City shall have the right to offset against the amount of any compensation due to the Consultant as a result of the Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 9.3 Licenses. The Consultant represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Consultant to practice its profession. The Consultant represents and warrants to the City that the Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the Consultant to practice its profession. 10.0 CONFLICT OF INTEREST. The Consultant confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The Consultant shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. Consultant and its associates and subcontractors will comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including, but not limited to, the Political 204 7 Reform Act (Government Code Sections 81000,et seq.)and Government Code Section 1090. 11.0 RECORDS AND AUDITS.The Consultant shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the City or any authorized representative. All records shall be made available at the request of the City, with reasonable notice, during regular business hours, and shall be retained by the Consultant for a period of three years after the expiration of this Agreement. 12.0 OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and work papers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. The Consultant shall at its sole expense provide all such documents to the City upon request. 13.0 INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a whollyindependent contractor. Neither the City nor any of its agents shall have control over the conduct of the Consultant or any of the Consultant’s employees or agents, except as herein set forth. The Consultant shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. The Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent. 14.0 NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. City of Rolling Hills 2 Portuguese Bend Road. Rolling Hills, CA 900 Attention: City Manager Consultant MNS Engineers, Inc. 3350 Shelby Street, Suite 370 Ontario, CA 91764 Attention: Greg Jaquez, PE, Principal Project Manager 205 8 15.0 GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 16.0 ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises,or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties through written amendment to the Agreement. 17.0 WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 18.0 EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 19.0 AUTHORITY TO ENTER AGREEMENT. The Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party 20.0 FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, subcontractors, and agents for the accuracy and competency of the information provided or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, subcontractors, and agents. 21.0 CORRECTIONS.In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. 206 9 22.0 ATTORNEYS’ FEES. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses, and attorneys' fees arising out of and/or connected with the negotiation, drafting, and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforcethis Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. This Agreement is executed on September 27, 2021, at City of Rolling Hills, California. CITY OF ROLLING HILLS:CONSULTANT: _________________________________________________________________ Elaine Jeng, P.E., City Manager By: Greg Jaquez, PE, Principal Project Manager ATTEST: ___________________________ City Clerk APPROVED AS TO FORM: ___________________________________ Michael Jenkins, City Attorney 207 EXHIBIT A 208 209 EXHIBIT B 210 Agenda Item No.: 11.A Mtg. Date: 09/27/2021 TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:CONNIE VIRAMONTES , ADMINISTRATIVE ASSISTANT THRU:ELAINE JENG P.E., CITY MANAGER SUBJECT:EMPLOYEE PERFORMANCE EVALUATION GOVERNMENT CODE SECTION 54957 TITLE CITY MANAGER. DATE:September 27, 2021 BACKGROUND: None. DISCUSSION: None. FISCAL IMPACT: None. RECOMMENDATION: None. ATTACHMENTS: 211