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EXHIBIT A
• TOW SERVICE
AGREEMENT
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TABLE OF CONTENTS
1 . TOW AREA ................................................................................................................... 1
2. ROTATION LISTS ........................................................................................................... 1
3. TOW OPERATORS ......................................................................................................... 2
4. TOW OPERATOR'S BUSINESS ........................................................................................ 4
5. FINANCIAL INTEREST ................................................................................................... 5
6. RESPONSE TO CALLS ................................................................................................... 6
7. STORAGEYARD ............................................................................................................ 8
8. TOW TRUCK DRIVERS ................................................................................................... 9
9. TOWTRUCKCLASSIFICATIONS ................................................................................... 10
10. GENERAL EQUIPMENT SPECIFICATIONS .................................................................. 11
11. INSPECTIONS ......................................................................................................... 12
12. RATES .................................................................................................................... 14
13. COLLUSION ........................................................................................................... 17
14. DEMEANOR AND CONDUCT .................................................................................... 17
15. TOWCOMPLAINTS .................................................................................................. 18
16. DISCIPLINARY ACTION ............................................................................................ 18
17. TERMS OF DISCIPLINARY ACTION ............................................................................ 19
18. HEARING/APPEAL ................................................................................................... 19
19. MIDTERM REVIEW ................................................................................................... 20
20. ADVERTISING ......................................................................................................... 20 21 . OPERATOR APPROVAL ............................................................................................ 21 191
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ANDERSON POLICE DEPARTMENT
TOW SERVICE AGREEMENT (TSA)
This Tow Service Agreement (TSA) contains terms and conditions that a company agrees to comply with in order to receive and maintain a rotation tow listing with the Anderson Police Department (APD). Participation in the APD Rotation Tow Program is voluntary and is not intended to be a main source of income. An operator, by agreeing to participate in the program, does not establish a contractual relationship with the APD and is not acting as an agent for the APD when performing services under the TSA. Exceptions to compliance with the TSA shall not be authorized by verbal agreement. Any exceptions shall be documented as a written addendum by the Police Chief.
1. TOWAREA
A. The tow areas of responsibility shall apply to the Anderson city limits. Officers may request a rotational tow when conducting official police business outside the Anderson city limits but shall take into account the location and factors that may impact a longer response time or inability for operator to respond.
B. An operator shall have a business office and storage yard located within 1 O miles of the area they serve.
2. ROTATION LISTS
A. A call to an operator shall constitute one turn on the list, and the operator shall be moved to the bottom of the list.
1) This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time.
B. If it is determined the operator is not needed and is canceled by the APD, up to and including arrival on scene and standby time which does not result in a tow, there shall be no charges, and the operator shall be placed back at the top of the list.
C. If the operator responds to an APD call and is canceled by the vehicle's registered owner or agent, prior to the operator taking possession of the vehicle, there shall be no charge and the operator shall be placed back at the top of the list. 1) Possession is deemed to arise when the vehicle is removed and is in transit, or when vehicle recovery operations or load salvage operations have begun (Section 3068.1 [a] of the Civil Code [CC] and Section 22851 [a][1] of the California Vehicle Code [CVC]).
2) Whenever a vehicle owner returns to a vehicle that is in possession of a towing company prior to the removal of the vehicle, the owner may regain possession of the vehicle from the towing company if the owner pays the tow company the towing charges incurred at the time service is concluded (Section 22851 [a][2] CVC). 1 193
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NOTE: Simply attaching a cable to or blocking a vehicle does not constitute recovery or load salvage operations.
D. Nothing in this TSA shall prohibit an APD Officer from requesting a specific tow company when requesting a tow for evidential purposes or for city owned vehicles.
E. Nothing in the TSA shall prohibit an APD Officer from requesting a specific tow company when, in their opinion, the necessary resources to clear a hazard are not available from the tow company currently at the top of the rotation tow list. 1) In such an instance, the selected company would then go to the bottom of the list and those tow companies which were bypassed would remain in the same list order.
F. Nothing shall prohibit a Class B, C, or D operator from maintaining a position on a lighter class rotation list, provided the tow truck meets the equipment specifications for that class of operation.
1) Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class tow truck.
3. TOW OPERATORS
A. Operators applying for the rotation tow program shall have a minimum of three (3) verifiable years of for-hire towing experience, as an owner or principal, prior to the final filing dat~ of an open enrollment period in order to qualify for a rotation tow listing. 1} The three (3) verifiable years of for-hire experience shall be determined by the APD.
B. Operators and owners who do not meet the three (3) verifiable years of for-hire towing experience, may be considered if a full-time manager is employed who possesses three (3) verifiable years of for-hire tow experience, as an owner, principal, or full-time manager.
1) The three (3) verifiable years of for-hire experience, as an owner, principal, or fulltime manager shall be determined by the APD.
C. Management experience shall be determined and qualified by the APD as follows:
1) The designation of "manager" implies general power and permits reasonable inferences that the employee so designated is vested with the general conduct and control of their employer's business.
2) An individual who has charge and control of a business and is vested with a certain amount of discretion and independent judgment.
D. If the manager ceases to be employed by the company, the TSA shall be immediately suspended until a new manager is approved by the APO.
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E. New operators, managers, and tow truck drivers, involved with the APO Rotation Tow Program, shall be fingerprinted via Live Scan for the purpose of conducting criminal history inquiries.
1} New operators, managers, and tow truck drivers shall request approval from APO if the Live Scan is performed at a location other than the APO office. No Live Scans shall be performed prior to this action.
2) Any operator, manager, or tow truck driver who separates from the rotation tow program, in excess of one year, shall be fingerprinted for the purpose of conducting a criminal history regardless of prior criminal history clearances upon reapplication. 3) The APO will receive subsequent arrest/conviction notifications for all operators, managers, and tow truck drivers.
4) An operator shall notify the APO of any arrest and/or conviction of a tow truck driver, manager, or the operator, prior to the beginning of the next work shift. a} Failure to make notification should be cause for disciplinary action. 5) APO shall be notified immediately by an operator upon a manager's or tow truck driver's separation from the rotation tow program.
F. Operators shall have all tow truck drivers involved with APO rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. 2) Drivers not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program consistent with the requirements as outlined in Item G.1 (above) which shall not be a
self-administered program.
3) The operator shall ensure selection pools for commercial and noncommercial licensed drivers are maintained separately.
4) A driver possessing a noncommercial driver's license who returns with a positive test result, which includes medicinal or recreational use of marijuana, shall meet the same reinstatement requirements as a driver required to possess a commercial driver license.
5) The operator shall provide a current list of all drivers and proof of enrollment in the CSAT program to the APO office during the open enrollment period. 6) Upon the addition of a new driver, an operator shall be granted a maximum of 30 days to enroll the driver in a CSAT (or consistent) program and provide proof to the APO office.
G. The operator shall provide a current list of all drivers and proof of enrollment in a CSAT and/or program consistent with the requirements as outlined in Item G.1 (above), to the APO office during the open enrollment period.
H. The operator, manager, and all tow truck drivers shall be enrolled in the Employer Pull 3 195
Notice (EPN) program.
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1) The operator shall provide a current list of all managers and drivers, and a copy of the current EPN report, or in the case of a newly hired tow truck driver, proof of enrollment in the EPN program, to the APD office during open enrollment. a) The operator's signed and dated EPN report shall be kept on file in the APO office. 2) Upon the addition of new managers or drivers, an operator shall be granted a maximum of 30 days to enroll drivers in the EPN.
I. The operator shall maintain a current list of drivers and provide a current list of drivers to APD every six (6) months.
1) When a driver is no longer employed by the operator, the operator shall immediately notify APO.
J. Operators shall have a Carrier Identification number and a valid Motor Carrier Property (MCP) permit. The MCP documentation shall be provided to the APO office during the open enrollment period.
1) The expiration of an operator's MCP and/or suspension of the MCP, pursuant to Section 34623 CVC, shall result in the immediate suspension of the tow operator, as well as additional disciplinary action which may be imposed by the APD Police Chief.
K. Operators shall have a sufficient number of drivers in order to comply with hours- ofservice. All drivers shall comply with intrastate and/or interstate hours of service pursuant to Title 13, Sections 1212 and 1212.5 of the California Code of Regulations (CCR).
1) Operators shall ensure their drivers' record of duty status complies with Title 13, Section 1213 CCR.
4. TOW OPERATOR'S BUSINESS
A. An operator's place of business shall have a sign which clearly identifies it to the public as a tow service.
1) The sign shall have letters which are clearly visible to the public from the street and shall be visible at night.
B. Business hours shall be posted in plain view to the public.
C. An operator's place of business shall have posted in plain view to the public the "Towing and Storage Fees and Access Notice" and copies of the notice readily available to the public pursuant to Section 22651.07(a)(1 )(A) eve.
1) The "Towing and Storage Fees and Access Notice" shall be a standardized document plainly printed in no less than 10-point type and shall contain the required language pursuant to Section 22651.07(e) CVC.
D. An operator's place of business shall be sufficiently staffed to allow customers to talk 4 196
face-to-face with a tow company's owner, manager, or employee during normal business hours.
1) Normal business hours shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following state recognized holidays: New Year's Day, Martin Luther King Day, President's Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day.
NOTE: When the APO office is closed in obseNance of a holiday, the tow operator may also be closed.
E. An operator's place of business shall be open during normal business hours pursuant to Section 22651.07 (d) CVC except for the recognized holidays outlined on D.1. above.
F. The operator shall maintain records of all tow services furnished at the operator's primary business office. (Note: printable electronic records are acceptable.) 1) Invoices shall contain the required itemized information pursuant to Section 22651.07(e) eve.
2) Itemized invoices shall contain a distinct notice upon the invoice stating "Upon request, you are entitled to receive a copy of the Towing and Storage Fees and Access Notice." This notice shall be contained within a bordered text box, printed in no less than 10-point type pursuant to Section 22651.07(a)(1 )(6)(3) eve.
G. The operator's primary business office shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver's record of duty status (intrastate and/or interstate), Federal Communication Commission licensing (if applicable}, and non-APO tows.
H. The APO may inspect all operator records relating to compliance with the TSA and Section 2424 CVC without notice during normal business hours.
I. Operators shall permit the APO to make copies of business records at their place of business, or to remove business records for the purpose of reproduction. 1) The APD shall provide a receipt for any record removed from the place of business.
J. An operator shall maintain business records for a period of two (2) years (effective July 1, 2012), plus the current term of this TSA, and shall make them available for inspection. 1) Failure of the operator to comply with the aforementioned inspection requirements shall be cause for disciplinary action.
5. FINANCIAL INTEREST
A. No operator or applicant shall be directly involved in the towing-related business of any 5 197
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other operator or applicant within the same rotation tow district.
8. No operator or applicant shall share equipment with any other operator involved with the APO rotation tow list.
1) Cross utilization within the APO jurisdiction may only occur when justified and the operator maintains the required number of trucks to participate in the APO's Rotation Tow Program. Any violations shall result in disciplinary action.
C. The sale or transfer of the controlling interest in a company shall immediately terminate theTSA.
1) A new owner may apply for the rotation tow program at any time during the remainder of the current TSA term, regardless of the Area's open enrollment period.
6. RESPONSE TO CALLS
A. The operator shall respond to calls 24 hours a day, seven (7) days a week, within the maximum response time to be 20 minutes.
8. An operator or tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle, perform vehicle recovery (e.g., rollover, down embankment), provide service (e.g., fuel, flat tire change), and be in possession of the appropriate class of driver license, applicable endorsements, and permits.
C. Any applicable permits (e.g., load variance, oversize) shall be valid and maintained in the tow truck. The operator shall advise APO dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. 1) If, after accepting the call, the operator is unable to respond or will be delayed in responding, the operator shall immediately notify APO.
D. A failure or refusal to respond to towing or service calls, and/or repeated failures to meet maximum response time requirements, without justification, shall result in disciplinary action. (This includes refusing to respond for junk vehicle calls. Justification for failure or refusal to respond to calls shall be determined by the APO.) E. If service, other than towing, recovery, and load salvage, is canceled by the vehicle's registered owner or agent, no lien shall arise for the service unless the operator has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed pursuant to Section 3068(a) CC. 1) The operator shall not attempt to take possession of a vehicle in order to establish a lien for any non-towing services performed, or initiated and subsequently canceled.
F. Nothing shall prohibit a Class B, C, or O tow truck from maintaining a place on a lighter class rotation tow list, provided the tow truck meets the equipment specifications for that class of operation.
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1) Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than tor the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class tow truck.
G. One tow company per vehicle shall be dispatched to a multi-car incident unless APD has established local policy which allows an operator to dispatch more than one tow truck to a multiple vehicle crash scene in response to a rotation tow call.
H. If two or more operators are called to the same incident, distribution of the vehicles shall be at the discretion of APD.
I. When an operator is temporarily unavailable to provide services due to a pre-planned or scheduled activity, the operator shall notify APD at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.
J. Only tow truck personnel and equipment requested shall respond to a APD call (e.g., tow truck driver bringing significant others, family members, friends, or pets, is not allowed).
1) Exceptions would be transporting required personnel to a major incident or responding to a tow truck driver trainee with an approved rotation tow truck driver.
K. An operator/tow truck driver shall not respond to an APD call assigned to another operator or reassign a call to another tow operator, unless requested to do so by APO. 1) Nothing would preclude the assigned operator/tow truck driver from responding to an incident to ascertain if additional assistance or equipment is required.
L. There shall be no additional charge for any personnel or equipment which is not necessary to perform the required service. Any additional personnel or equipment shall be approved by APO on scene.
M. There may be times when the operator/tow truck driver assigned the initial call, may require assistance from an additional operator/tow truck driver. 1) The assigned operator/tow truck driver may, with concurrence of the scene manager, request a specific operator/tow truck driver for additional assistance. 2) The operator/tow truck driver's approved request shall be routed through APO on scene incident commander.
N. There may be times when an operator/tow truck driver, who was not called to the scene, comes upon a crash scene where a vehicle or vehicles are blocking a roadway and the on-scene officer requests assistance in clearing the roadway. 1) In such a case, the operator/tow truck driver may be requested by the officer to move the vehicle to a safe location and leave it.
2) There shall be no charge for this assistance, and the assistance provided shall not change the operator's place in the rotation.
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a) Violations of Section 22513 eve shall result in disciplinary action. 3) If the operator/tow truck driver is requested to provide service at the scene resulting in a tow, that company will be moved to the bottom of the list.
7. STORAGE YARD
A. The operator shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by APD. 1) At a minimum, a permanent securely fenced or an enclosed storage area of an adequate size shall be provided for the proper storage of vehicles.
B. The primary storage yard shall be at the same location as the business address. 1) Stored/impounded vehicles shall be at the primary storage yard. 2) This requirement may only be waived by a written addendum from APD with justification.
e. A secondary storage yard shall be located reasonably close to the main business office. 1) There shall be no charge to the vehicle's owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard.
D. Tow operators shall maintain sufficient storage spaces. 1) A secondary storage yard shall only be utilized if the primary storage yard is full and only with prior APD approval.
a) This requirement may be only waived by a written addendum from APD with justification.
E. A storage yard owned by an operator and shared with another operator shall only be approved if the operator/owner charges for the space exclusively on a flat monthly rate rather than a vehicle-by-vehicle basis, or combination thereof.
F. A storage yard shared by operators, or any other business establishment(s), regardless if owned by the operator or not, shall be physically separated and secured from each other, including business records related to the tow company.
G. Prior to the utilization of a new storage yard, the storage yard shall be inspected, and the operator shall obtain AP D's approval.
H. An operator's employee shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property.
I. The operator or their employee shall release personal property from a vehicle which has been stored/impounded by APD at the request of the vehicle's registered owner or agent pursuant to Sections 22851 (b) and 22651.07 eve.
1) APD approval shall be obtained prior to the release of personal property from a 8 200
vehicle that has been impounded for evidence or investigation. 2) A receipt shall be provided for the removed personal property, with a copy placed inside the stored/impounded vehicle.
a) This procedure shall also apply to the removal of property by the tow operator and/or their employee to a secure area within the business.
J. Personal property and/or the vehicle shall be released at the primary storage yard. 1) Personal property or a vehicle release from a secondary storage yard shall only be granted if it's acceptable to the vehicle's registered owner or agent. a) Personal property is considered to be items which are not affixed to the vehicle.
Personal property includes papers, cellular phones, pull-out radios, clothes, luggage, tools, etc.
K. No fee shall be charged for the release of a vehicle or personal property during normal business hours pursuant to Sections 22851 (b) and 22651.07(c)(1) eve. 1) The maximum charge for a non-business hours release shall be one-half the hourly tow rate charged for the vehicle towed, or less, for initially towing the vehicle pursuant to Section 22851 (b) eve.
2) No lien shall attach to any personal property in or on the vehicle pursuant to Section 22ss1 (b) eve.
3} Loads for hire (i.e., cargo} are not considered personal property pursuant to Section 3051.5 cc.
L. The operator shall keep a written record of every vehicle stored/impounded tor a period longer than 12 hours pursuant to Section 10650(a) CVC.
1) The record shall contain the name and address of the person storing or requesting the tow, the names of the owner and driver of the vehicle (if ascertainable), and a brief vehicle description (make, model, license plate number, and any vehicle damage) pursuant to Section 10650(b) eve.
M. The operator shall allow insurance companies to inspect vehicles at their storage yard at no charge and allow 45 consecutive minutes for inspection as necessary pursuant to Section 22651.07 (3)(B) eve.
8. TOW TRUCK DRIVERS
A. The operator shall ensure tow truck drivers responding to calls initiated by APD are competent and have completed a Tow Service Agreement Advisory Committee (TSAAe) approved tow truck driver training program.
1) All drivers shall provide documentation that they have completed Traffic Incident Management training in accordance with the Federal Highway Administration. 2) Documentation of completion of an approved tow truck driver training program within the past five (5) years shall be submitted to the APO. Certificates with a threeyear expiration date will be accepted five (5) years from the date of issuance. 9 201
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a) Tow truck driver training documentation shall be for the appropriate class of tow truck (e.g., a Class o driver shall have heavy duty tow truck driver's training documentation).
NOTE: A certificate for a higher level of training will be acceptable for all lower levels of tow trucks.
b) All operators, managers, and drivers shall be provided with written notification regarding the reason(s) for denial of an operator, manager, or driver's application. i. If denial is based on fingerprint results, a copy of the results shall be provided to the denied applicant.
c) A failure to disclose any felony and/or misdemeanor convictions shall be cause for denial and is a misdemeanor pursuant to Sections 20 and 31 CVC.
B. Completion and/or documentation of a tow truck driver's training does not indicate a sufficient level of competence.
C. Tow truck drivers shall perform all towing and recovery operations in the safest and most expedient manner possible.
D. Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle.
E. Uniforms: APD rotation tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the company and the driver's name while engaged in APO rotation tow operations.
F. Personal Appearance: APO rotation tow truck drivers shall represent a professional image. An unacceptable representation would include unbathed, excessively dirty/torn uniform, inappropriate visible body art, visible body piercing, etc.
G. Safety Garments: APO rotation tow truck drivers shall wear appropriate warning garments (e.g., vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Code of Title 8, Section 1598 CCR.
9. TOW TRUCK CLASSIFICATIONS
A. An operator shall equip and maintain tow trucks covered under the TSA in accordance with the provisions set forth in the eve, Title 13 of the CCR, the specifications contained in this TSA, and in a manner consistent with industry standards and practices.
B. All recovery vehicles (wreckers) shall have an extendable/retractable recovery boom meeting the specifications contained in this TSA.
1) Class D tow trucks used exclusively for salvage and recovery operations are not required to possess wheel lift capabilities.
2) An operator who has a car carrier is exempted from the recovery, wheel lift, and 10 202
boom capability requirements. However, the car carrier must be an additional unit and shall not be used for recovery.
a) An auto-loader without an extendable/retractable boom is an additional unit and shall not be used for recovery. For purposes of the TSA, recovery is defined as a vehicle which is overturned, down an embankment, or otherwise not upright on its wheels.
C. A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements of a tow truck should be cause for immediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when towing.
There are four (4) classes of tow trucks covered under this TSA. 1) Class A- Light Duty
a) An operator should maintain a minimum of one tow truck which has a manufacturer's GVWR of at least 14,000 pounds.
2) Class B - Medium Duty
a) An operator should maintain a minimum of one tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.
3) Class C - Heavy Duty
a) An operator should maintain at least one three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle. 4) Class D - Super Heavy Duty
a) An operator should maintain at least one three-axle tow truck with a GVWR of at least 54,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle. i. If this class of tow truck is used exclusively for salvage and recovery operations, there is no requirement for providing and maintaining continuous air to the towed vehicle.
NOTE: For purposes of the TSA, a "low-boy trailer" is considered special equipment.
10. GENERAL EQUIPMENT SPECIFICATIONS
A. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR and the classification system used by the American 11 203
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Trucking Association and truck manufacturers. Tow truck and car carrier classifications shall meet all applicable state and/or federal standards.
B. Identification Labels: Each piece of towing equipment shall have a manufacturer's label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity.
C. Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30- degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). 1) The structural design of the recovery equipment must have a higher load capacity than the performance ratings.
2) Winches shall conform to, or exceed, the specifications set forth by the Recovery Equipment Rating, Society of Automotive Engineers (SAE) Handbook, SAE J706. 3) All ratings for wire rope and chain assemblies are for the undamaged assembly condition. All wire rope and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer.
D. Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.
11. INSPECTIONS
A. APD shall provide one (1) annual inspection of all tow trucks utilized on APO rotation calls, at no charge to the operator, in order to qualify for participation in the term of the TSA. A valid CHP inspection can be accepted by APD in lieu of this section. 1) APD may conduct additional inspections without notice during normal business hours.
B. The operator shall not dispatch any tow truck which has not been inspected and approved by APO.
1) APD shall inspect all newly acquired tow trucks within thirty (30) days of a request from an operator prior to use in the Rotation Tow Program.
C. The annual inspection shall consist of the following:
1) A Level One inspection conducted by a commercial enforcement officer or APD officer with the assistance of a motor carrier specialist or commercial vehicle inspection specialist.
2) A tow truck inspection conducted by a commercial enforcement officer or APO tow officer.
3) Tow trucks arriving for inspection shall be properly equipped, and ready for immediate response for service.
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a) Operators or tow truck drivers found exchanging equipment with other tow truck drivers· during inspections shall be subject to disciplinary actions.
O. If two (2) or more CVC requirements receive a failing mark, the inspected truck has failed the initial annual inspection and shall count against the 50 percent failure rate. 1) Other than the two (2) or more CVC requirements, a tow truck may fail based on additional failed items within reason.
E. If a tow operator passes the required annual tow truck inspection with more than 50 percent of their tow trucks, the operator's initial annual inspection requirement shall be deemed satisfied for the purposes of their application. Otherwise, the operator's application shall be denied, and the operator may reapply during the next open enrollment period.
1) The operator whose trucks have successfully passed the initial annual inspection, by more than 50 percent, but still have some tow trucks which failed, shall be allowed one re-inspection for those failed tow trucks.
F. The intent of the inspections is to ensure operators are involved in an ongoing safety maintenance program for their tow trucks. The annual inspection is not intended to find out what needs to be repaired/replaced on an operator's tow truck. A tow truck responding to a APO call shall be properly equipped and operating in a safe condition.
G. The operator shall be provided with written notification of the failure/denial of any tow truck or equipment and allowed a hearing upon request to APO pursuant to Section 2424(d) eve and Section 18. Hearing/Appeal.
H. All of the equipment listed on in this TSA shall be accounted for during the annual inspection.
I. Tow trucks shall comply with California Air Resources Board requirements. Tow trucks not in compliance shall be cause for disciplinary action. Operators shall provide a current copy of their California Air Resources Board Certificate of Reported Compliance Truck and Bus Regulation during open enrollment.
J. Special Equipment
1) To properly and safely tow, service, or recover the wide variety of vehicles being operated on the highway, a towing procedure may require the use of special equipment specifically designed for the purpose.
2) Any special equipment which requires certification/inspection of the equipment and/or operator (e.g., cranes, forklifts), the applicable and current certification/inspection document(s) shall be provided to APO office at the time of enrollment or as equipment is added by an operator.
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12.RATES
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A. The tow operator's prior year's approved towing and storage rates shall be the baseline for the operator's reasonable rates. Fees charged for calls originating from APO shall not be in excess of those rates charged for similar services provided in response to requests initiated by a public agency or private person and approved by APD. 1) Reasonableness shall be determined as compared to other similar service rates and with consideration of increased operating costs beyond the control of the operator (i.e., insurance rate increases without cause, property lease/tax increases, etc.) B. Based upon the average of the proposed fees submitted, APO shall determine the reasonableness and validity of all submitted rates (i.e., storage, labor, special equipment, etc.).
C. An operator who submits a rate, which is determined by APD to be unreasonable and/or invalid, shall be allowed to re-submit rates only once. The operator may choose to appeal the denial prior to resubmitting the rates.
1) If the re-submitted rate is unreasonable and/or invalid, the operator shall be disqualified from participating in that class for which the rate was unacceptable, or charge for services in which the rate was submitted, until the next open enrollment period.
2) An operator shall be provided with written notification regarding the disqualification within 30 days.
D. Rate requirements represent the maximum an operator may charge on an APD call per hour.
1) An operator is not precluded from charging less when deemed appropriate by the operator.
2) These requirements shall not be construed as requiring a charge if an operator would not normally charge for such service.
E. Any operator who charges rates above the submitted rates for an APD call shall be subject to disciplinary action.
F. In an effort to remain competitive in the open market, the operator may lower retail rates at anytime by notifying the APD.
1) When an operator lowers the retail rate, that retail rate becomes the operator's new approved rate.
G. A valid bank credit card or cash payment shall be accepted for payment of towing and/or storage pursuant to Sections 22651.1 and 22651.07(c)(5) CVC.
H. The approved schedule of rates charged by the operator shall be available in the tow truck and shall be presented upon demand to the vehicle owner/agent for whom the tow 14 206
service was provided or any APD officer at the scene.
I. There shall be no additional charge for moving (i.e., driving, towing, pushing, utilizing a forklift) a stored/impounded vehicle from inside an operator's storage yard to the front of the business establishment.
J. Operators may only raise rates during the enrollment period or upon approval after a midterm review has been initiated by APD.
K. Tow Rates
1) The rate for towing should be computed from portal to portal when a vehicle is towed to the operator's storage yard.
a) Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or completion of the call, if another call is pending, whichever is shorter.
i. The time expended for towing a vehicle back to the operator's storage yard should be charged at a rate not to exceed the hourly rate. b) Time expended in excess of the hourly rate shall be calculated in no more than one-minute increments.
c) There shall be no additional charges for mileage, etc. i. A clear, itemized, and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07(e)(7) eve.
ii. The operator may submit two retail hourly tow rates to the Area: one rate for calls originating during normal business hours; and one rate for calls originating after business hours, not to exceed 1 O percent of the daily rate. iii. The operator shall base charges on the class of vehicle being towed or serviced, regardless of the class of tow truck used. When vehicle recovery operations require a larger class tow truck, the higher rate may be charged during the recovery process.
L Service Calls
1) The operator may charge up to a 30-minute minimum per call for any service which is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of an officer or returned to the operator's storage yard. 2) Rates for a service call (out-of-gas, lockouts, tire changes, etc.) should be from portal to end of service.
3) Charges, in excess of a 30-minute service call, may be charged in no more than oneminute increments. a) A clear, itemized, and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to 15 207
Section 22651.07(e)(7) eve.
Anderson Police Department
2026-2028 TSA
b) If the service cannot be performed safely at the vehicle's location, the vehicle may be moved to safe location to perform the service at the service call rate. 4) Fuel charges for gasoline dispensed on out-of-gas service calls shall be at the prevailing market rate.
a) In lieu of dispensing gasoline, the tow driver may transport the vehicle and its driver to a safe location or gas station at the service call rate.
M. Fees for Special Operations
1) Fees shall be reasonable and consistent with industry standards for similar operations.
2) Operators involved in the two (2) tow truck Salvage and Recovery List may charge a minimum two-hour rate.
a) Time expended in excess of the two-hour minimum shall be at the hourly rate in no more than one-minute increments.
b) If a second hour is charged, the second hour shall meet the invoicing requirements pursuant to Section 22651.07(e) (7) eve.
c) If it is determined that only one truck is required, the second truck may claim portal to portal and time expended on scene until determination was made that it was not required.
3) Hourly rates shall be established for the following:
a) Auxiliary and contracted equipment (e.g., airbags, converter gear/dolly, additional trailers, forklift, front loaders, low-boy trailers, rotators). 4) If an operator performs a service for which a required rate was not submitted and approved by APO, the operator shall only be entitled to charge for the actual cost of that service plus a markup rate not to exceed ten (10) percent.
N. Storage Fees
1) A vehicle stored/impounded 24 hours or less shall be charged no more than one-day storage pursuant to Section 3068.1 (a) CC.
a) If the vehicle is released from storage after 24 hours has lapsed, charges may be allowed on a full, calendar-day basis for each day of storage, or part thereof pursuant to Section 3068.1 (a) CC.
i. Storage of vehicles in combination should be charged a per vehicle rate except for dollies, con-gear, vehicle on a car carrier/trailer, etc. ii. Dollies and con-gear, not in combination, may be charged a storage rate not to exceed Class A storage fees.
2) Inside storage fees shall only be charged when inside storage is requested by APD, registered owner, legal owner, insurance company, or when the inside storage can be justified by the tow operator.
3) The operator shall display in plain view at all cashier's stations, a sign as described in Section 3070(d)(2)(E) CC, disclosing all storage fees and charges in force, including the maximum storage rate.
16 208
0. Lien Fees
1) If a vehicle has been determined to have a value exceeding four thousand dollars ($4,000), pursuant to Section 22670 eve, the lien shall be satisfied pursuant to Section 3071 CC (Section 3074 CC).
2) The lienholder may charge a fee for lien sale preparations not to exceed seventy dollars ($70), for a vehicle valued at four thousand dollars ($4,000) or less, and not to exceed one hundred dollars ($100) for a vehicle valued at greater than four thousand dollars ($4,000) (Section 3074 CC).
a) These charges may commence when the lienholder requests the names and addresses of all persons who have an interest in the vehicle from the Department of Motor Vehicles (Section 3074 CC).
b) Not more than 50 percent of the allowable fee may be charged until the lien sale notifications are mailed to all interested parties and the lienholder or registration service agent has possession of the required lien processing documents (Section 3074CC).
c) This charge shall not be made in the case of any vehicle redeemed prior to 72 hours from the initial storage (Section 3074 CC).
13. COLLUSION
A. A. An operator and/or applicant shall not conspire, attempt to conspire, or commit any other act of collusion with any other operator or applicant for the purpose of secretly, or otherwise, establishing an understanding regarding rates or conditions to the TSA that would bring about any unfair condition which could be prejudicial to the CHP, the motoring public, or other operators.
B. B. A finding by the CHP that any operator or applicant has been involved in collusion shall be cause for denial of an application or shall nullify the TSA. Any operator or applicant found to be involved in any act, or attempted act of collusion, shall be disqualified from participation on all APO rotation tow lists for the current term, plus 5 years.
14. DEMEANOR AND CONDUCT
A. While involved in APO rotation tow operations or related business, the tow operator and/or employee(s) shall refrain from any acts of misconduct including, but not limited to, any of the following:
1) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which the operator is capable of performing.
3) Any act of sexual harassment or sexual impropriety.
4) Unsafe driving practices.
17 209
5) Exhibiting any objective symptoms of alcohol or drug use.
Anderson Police Department
2026-2028 TSA
a) The operator/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the APO if an odor of an alcoholic beverage is detected upon the person.
6) Any acts of discrimination based on a protected group.
15. TOW COMPLAINTS
A. All APD related tow service complaints received or initiated by the APO against a tow operator or tow operator's employee shall be accepted and investigated in a fair and impartial manner.
1) The tow operator and their employees shall cooperate with APD investigators during the course of an investigation.
B. Alleged violations of the TSA should be investigated by APD.
C. Should the filing of criminal charges be a possibility, APD shall conduct the investigation to conclusion or assist the lead investigating agency and request prosecution, if warranted.
D. Complaints for violations of the law not normally investigated by APD shall be referred to the agency with investigation jurisdiction.
E. Completed complaint investigations shall be forwarded to the appropriate APD Division for review and approval.
F. The operator shall be notified in writing of the findings within 30 days of the conclusion of any investigation.
16. DISCIPLINARY ACTION
A. APO shall take disciplinary action against an operator for violations investigated and sustained. Furthermore, the operator agrees that failure by the operator, or their agent, to comply with these terms and conditions shall be cause for disciplinary action (i.e., written reprimand, suspension, denial of an application, or termination from the APO Rotation Tow Program -Section 2424(d] CVC).
1) The Chief of Police/ his or her designee shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this TSA.
B. Nothing shall preclude the APO from taking the appropriate enforcement or administrative action for any violations of law.
C. Nothing herein shall be deemed to prohibit the APO from immediately suspending, terminating, or denying an application of any operator or employee for any of the 18 210
following:
1) Whose conduct, in the opinion of the Area commander, is deemed to be a danger to the motoring public (e.g., registered sex offender, acts of violence, fraud). 2) A violation of equipment requirements, related to safety. 3) Who has engaged in conduct constituting a flagrant violation of the TSA.
0. Records of violations shall be retained by the APO for 36 months, plus the current TSA term.
17. TERMS OF DISCIPLINARY ACTION
A. Violations of the terms and conditions of the TSA may be cause for disciplinary action in the following manner:
1) First violation within a 12-month period - letter of written reprimand. 2) Second violation within a 12-month period - one to 30-day suspension. 3) Third violation within a 12-month period - 60 to 90-day suspension. 4) Fourth violation within a 12-month period-termination of the TSA.
NOTE: Nothing may preclude APO from imposing a suspension for a first violation pursuant to Section 17, Disciplinary Action, Item C.
B. Violations of the terms and conditions of the TSA which warrant suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination.
1) In lieu of termination, APO may impose additional suspensions for longer periods, if deemed appropriate.
2) When considering disciplinary action for a major violation of the TSA, APO should take into consideration all violations which have occurred within 36 months prior to the date of the current violation.
C. A suspended or terminated operator, and/or the tow business owner at the time of the suspension or termination, shall not be eligible for a rotation listing for the duration of the suspension or termination.
1) This provision applies to the operator working in any capacity within any tow business or operating any tow business, even if operated under new ownership.
O. If the operator is serving a suspension, the operator shall be required to have complied with all terms and conditions of the current TSA at the time of reinstatement.
E. An operator shall comply with all the terms of the suspension (i.e., restitution to victims, court orders) prior to reinstatement or reapplication.
18. HEARING/APPEAL
A. A hearing shall be granted, upon an operator's request, within ten (1 O) calendar days, for 19 211
any of the following circumstances:
1) Operator is served with disciplinary action.
2) Denial of an operator's rotation tow application.
Anderson Police Department
2026-2028 TSA
B. APD shall provide written notification to the operator requesting a hearing indicating acknowledgement of the hearing request and a hearing date assigned.
C. A hearing shall be held as soon as practicable.
D. The hearing shall be conducted by the APO Police Chief or designee, and the operator shall be entitled to present all relevant facts and circumstances in support of the operator's position.
1) The operator shall be entitled to present testimony of at least one qualified person (i.e., representation by counsel or attorney).
E. The operator shall be notified in writing of the AP D's decision(s) within ten (10) business days of the date of completion of the hearing.
F. Disciplinary action shall not take effect until the hearing has occurred, with the exception of operators whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this TSA.
G. If an operator fails to request a hearing within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by APO shall be final and the disciplinary action shall take effect upon written notification to the operator by APO.
19. MIDTERM REVIEW
A. The purpose of this sect ion is to provide a process for a midterm review of the terms and conditions of the TSA in the event there is a legitimate and substantial change in conditions or law affecting the majority of the operators.
B. A midterm review, when granted by the Commissioner or designee, will not automatically authorize a change in the terms and conditions of the TSA. 1) If a midterm review is announced by the Commissioner or designee, it is the responsibility of the Department to conduct a review of the conditions which initially caused the request to be communicated and to determine if the change is justified.
20. ADVERTISING
A. The operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the APO or the Department of Motor Vehicles. 20 212
21. OPERATOR APPROVAL
I certify that all drivers operating under this Tow Service Agreement (TSA) are qualified and competent. I further certify that I have read and understand this TSA and agree to abide by all the provisions. I further agree to indemnify, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or resulting to the operator in connection with the performance of the TSA, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the operator in the performance of this TSA. The operator, and the agents and employees of the operator, in the performance of this TSA, shall act in an independent capacity and not as officers or employees or agents of the State of California. The terms of this TSA will become effective:
_______ and end _______ (2026-2028).
Date Date
Operator Approval
Signature Printed Name
Company Title Date
Business Address Phone Number
21 213
EXHIBIT B
STATE Of' CALIFOFU-IIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
ROTATION TOW LISTING APPLICATION
CHP 234A (Rev. 3-15) OPI 061
TYPE OR PRINT CL.EARLY
CHPAREA
CHP AREA OF APPLICATION I CHP AR.EA NUMBER
BUSINESS
HAVE YOU O ANYONE FINANCIALLY INVOLVED WITH YOUR COMPANY EVER 8EEN CONVICTED OF ANY CRIME INVOLVING STOLEN OR EMBEZZLED VEHICLES.
FRAUD RELATED TO THE TOWING BUSINESS. STOLEN OR EMBEZZl.EO PROPERTY. CRIMES OF VIOLENCE, SEXUAL CRIMES. DRUG RELATED OFFENSES, FELONY
DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS, MISDEMEANOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS WHILE INVOLVED IN A CHP ROTATION TOW CALL. OR MORAL TURPITUDE? ,. 0 YES _ NO
VEHICLE STORA
0 OWNED 0 RENTED
0 OWNED 0 LEASED 0 RENTED
ADDITIONAL STORAGE YARD ADDRESS
0 OWNED 0 LEASED 0 RENTED
LEGAL OWNER (IF FIRM. COMPANY, ASSOCIATION OR Cf PORATION. LIST AU. PERSONS HAVING FlNANCIAL INTEREST) 00 YOU HAVE ANY FINANCIAL INTEREST IN AH'f OTHER TOW COMPAN~THIN THE LOCAL Cl-f'AAEA? 0 YES !ZY' NO
IF YES, LIST THE TOW COMPANY($):
DOES ANY MEMBER OF YOUR F~ILY (RE\ATEO BY BLOOD OR MA~~ OPERATE ANOTHER IF YES, LIST THE OTHER Cl-IP AREA($):
TCIN SERVICE IN Tl-IE LOCAL CHP AREA? □ YES ijY" NO
ARE YOU CURRENTLY ON ROTATION OR APP NG FOR ROTATION \NrTHIN ANY OTHER CHP AREA? YES O NO
00 YOU SHARE ANY FACILITIES WITH
NO
RATES
Class D
HOURLY RATE
INSIDE STORAGE
OUTSIDE STORAGE
LABOR (NONSKILLED)
SPECIAL EQUIPMENT (UST)
RENTAUSKILLED LABOR MARKUP(%)
Destroy Previous Editions
214
EXHIBIT B
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROl
ROTATION TOW LISTING APPLICATION
CHP 234A (Rev. 3•15) OPI 061
TYPE OR PRINT CLEARLY
CHP AREA 01' APPLICATION
BUSINESS ADORES~ f
-, 0 '2. '-' t-,"Wwl
BUSINESS MAILING ADDRESS IF DIFFERENT THAN ABOVE
CHPAREA
BUSINESS
NUMBEi t YEARS IN TOWING BUSINESS l AUTOMOBILE CLUB AFFILIATE(S)
I CHP AREA NUMBER
ICHPAREANAAIE
DAY PHONE NUMBER (INCi.UDE AAEA CODE)
'5'30-$1.S-3#5'2..
NIGHT PHONE NUMBER (INCLUDE AREA CODE)
S4M~
HAVE YOU OR ANYONE FINANCIALLY INVOLVED WITH YOUR COMPANY EVER BEEN CONVICTED OF ANY CRIME INVOLVING STOLEN OR EMBEZZLED VEHICLES,
FRAUD RELATED TO THE TOWING BUSINESS, STOLEN OR EMBEZZLED PROPERTY, CRIMES OF VIOLENCE, SEXUAL CRIMES, DRUG RELATED OFFENSES, FELONY
DRIVJNG WHILE UNDER THE INFLUENCE OF ALCOHOL ANO/OR DRUGS, MISDEMEANOR DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS WHILE INVOLVED IN A CHP ROTATION TOW CALL, OR MORAL TURPITUDE? D YES &-· NO
VEHICLE STORAGE
PRIMARY STORAGE YARD ADDRESS
101.J,,/ HW'-1 z-,i 4-,_,~_5p....1 04- -tt,oo-,.. '!i-OWNED 0 LEASED D RENTED
SECONDARY STORAGE YARD ADDRESS
D OWNED 0 LEASED D RENTED
ADDITIONAL STORAGE YARD ADDRESS
D OWNED D LEASED 0 RENTED
OUTSIDE STORAGE CAPACITY
\"So
l lNSIO\ ORAGE CAPACITY
FINANCIAL INTEREST
1.EGAl OWNER (IF FIRM, COMPANY, ASSOCIATION OR CORPORATION, UST All PERSONS HAVING FINANCIAl INTEREST} ~~ ~,:..:;_. PrtJC.:> !Jie,nt ro,lt.e"L. 00 YOU HAVE ANY FINANCIAL INTEREST 1N ANY OTHER TOW COMPANY WITHIN THE LOCAL IF YES, LIST THE TOW COMPANY($)· CHP AREA? D YES -ar- NO
DOES NlY MEMBER OF YOUR FAMILY (RELATED BY BLOOO OR MARRIAGE) OPERATE ANOTHER IF YES, LIST THE OTHER CHP AREA(S)! TOWSERVICEINTHEL0CAlCHPAREA? D YES eij' NO
-ARE YOU CURRENTLY ON ROTATION OR APPLYING FOR ROTATION WITHIN ANY OTHER CHP IF YES, LIST THE OTHER CHPAREA(S~ AREA? ~ YES O NO
DO YOU SHARE ANY FACIL!TlcS WITH ANY OTHER TOW COMPANY? IF YES, LIST THE OniER TOW C0"4PANY(S):
YES pij NO
RATES
Class A ClasaB Class ~ C_lass D •
HOURLY RATE
INSIDE STORAGE ---------~---~-- OUTSIDE STORAGE
LABOR (NONSKILLED)
SPECIAL EQUIPMENT (UST)
RENTAUSKILLED LABOR MARKUP(%)
Destroy Previous Editlons Chp234A OC19.l>df 215
AGENDA ITEM
June 16, 2026, City Council Meeting I
ented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Adam Whelen, Public Works Director
Date: June 16, 2026
lsuBJECT
I
Senate Bill 1 Eligible Projects
I RECOMMENDATION
The Public Works Director recommends that the City Council:
Adopt a Resolution identifying roadway maintenance and rehabilitation projects in the City of Anderson that will be eligible for Senate Bill 1 funding for fiscal year 2026-2027.
!FISCAL IMPACT
Current estimates indicate that the City of Anderson will be eligible to receive approximately $313,442 in Senate Bill 1 funding. This money is earmarked for roadway maintenance and rehabilitation.
I DISCUSSION and BACKGROUND
On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system, SB 1 increases per-gallon fuel excise taxes, increases diesel ITEM 6.10 PAGE1 5/6/2025
216
fuel sales taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years.
A percentage of this new Road Maintenance and Rehabilitation Account funding is being apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
As a condition of receiving these funds for roadway maintenance and rehabilitation, the City must identify project(s) for which these monies will be used. The City has an ongoing pavement maintenance program to maintain the integrity of the streets and prevent costly, catastrophic pavement failures, so identifying projects aligns with current City practices.
The project identified for SB 1 funding is: Citywide grinder dig-out project.
1. City-Wide Grinder Dig-out project may include, but is not limited to: Bruce Dr., Stingy Ln., Silver St., Diamond St., Briggs St., First St., Gateway Dr., East St., and Oak St. The dig-outs will be between 3" and 6" deep. The total cost of the City-Wide Grinder Dig-out project is estimated to be $500,000. This project has an estimated completion timeline in Fall 2026.
Given the unknown funding amount, the above-identified projects may be combined or scaled back to fit the funds the City of Anderson receives. The City is estimated to receive $344,138 in Highway Users Tax funds and $313,442 in RMRA Funds, for a total of $657,580 in fiscal year 2026-2027.
I ATTACHMENTS
1. Resolution
ITEM 6.10 PAGE2 5/6/2025
217
RESOLUTION NO. 26-
/!t RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-2027 FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $313,442 in RMRA funding in Fiscal Year 2026-2027 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to contitlue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the highest-priority and cost-effective projects that also meet the community's priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate numerous streets/roads throughout the City this year and similar projects annually into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an "at-risk" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "good" condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets 218
infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Anderson, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of proposed projects will be funded in-part or solely with fiscal year 2026-2027 Road Maintenance and Rehabilitation Account revenues:
A. City-Wide Grinder Dig-out project may include, but is not limited to: Bruce Dr., Stingy Ln., Silver St., Diamond St., Briggs St., First St., Gateway Dr., East St., and Oak St. The dig-outs will be between 3" and 6" deep. The total cost of the City-Wide Grinder Dig-out project is estimated to be $500,000. The project is estimated to be complete in the fall of 2026. The estimated useful life of the project is 20 years.
PASSED AND ADOPTED by the City Council of the City of Anderson, this 16th day of June 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Dan Gallier, Mayor
ATTEST:
Christy White, City Clerk
219
AGENDA ITEM
[ une 16, 2026, City Council Meetingj
ed for Submittal By:
resented By:
rseth-Deshais, City Manager
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: June 16, 2026
I SUBJECT
AB 2561- Notice of Job Vacancies
I RECOMMENDATION
1. Receive a staff report;
2. Conduct a public hearing;
3. Consider adoption of a resolution accepting the notice of job vacancies in compliance with Assembly Bill (AB) 2561.
I FISCAL IMPACT
No fiscal impact.
I DISCUSSION and BACKGROUND
Assembly Bill 2561, which became effective on January 1, 2025, amends the California Government Code to require public agencies to provide current employees with notice of any job vacancies for which they may be qualified before the position is publicly advertised.
The law aims to increase internal promotional opportunities and transparency in public employment.
Key requirements for Local Public Aeencies
ITEM 7.0 PAGE1 6/16/2026
220
1. Annual Public Hearing on Vacancies
• Frequency and Timing: Local public agencies must present the status of job vacancies and their recruitment and retention strategies at a public hearing before the governing board at least once a year. This presentation must take place prior to the adoption of the agency's final budget for that fiscal year. • Content: The presentation should include a detailed summary of the current vacancies, ongoing recruitment efforts and any policies or procedures that may be affecting the agency's ability to reduce vacancies.
2. Enhanced Reportin2 for high vacancy rates
• Threshold: If vacancies within a single bargaining unit reach or exceed 20% of the total number of authorized fill-time positions, the agency must provide additional reporting.
• Upon Request: At the request of the recognized employee organization, the agency must provide:
-The total number of vacancies within the bargaining unit - The total number of applicants for the vacant positions - The average time to complete the hiring process, measured from the posting date
- A description of potential improvements in compensation and working conditions that may assist in filing these positions
3. Employee Organization Participation
Recognized employee organizations must be allowed to present their perspectives at the same public hearing in which the agency discusses vacancies and recruitment strategies.
Notification was provided to the employee organizations on June 12, 2026.
There are currently four ( 4) vacancies within the City and for the 2026-27 fiscal year no additional positions are budgeted. With four ( 4) vacancies existing, the threshold of additional reporting if a single bargaining unit reaches or exceeds a 20% vacancy is currently not required. Staff will continue to monitor the requirements of AB 2561 to ensure compliance.
I ATTACHMENTS
1. Resolution
ITEM 7.0 PAGE2 6/16/2026
221
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON, CALIFORNIA,
ACCEPTING THE NOTICE OF JOB VACANCIES IN COMPLIANCE WITH ASSEMBLY BILL 2561
WHEREAS, Assembly Bill 2561 requires local public agencies in California to present the status of job vacancies, along with their recruitment and retention strategies at a public hearing before the governing board at least once per fiscal year; and WHEREAS, this presentation should take place prior to the adoption of the agency's final budget for that fiscal year; and
WHEREAS, the City of Anderson adopts a two-year budget. and for the second year of the budget cycle, this presentation shall occur within that second fiscal year; and WHEREAS, if vacancies within a single bargaining unit reached or exceed 20% of the total authorized full-time positions, additional reporting is required; and WHEREAS, as of this date, the City of Anderson has not exceeded a 20% vacancy rate for any of its units.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Anderson, California hereby accepts the report of vacancies pursuant to Assembly Bill 2561.
PASSED AND ADOPTED by the City Council of the City of Anderson this 16th day of June, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Dan Gallier, Mayor
ATTEST:
Christy White, City Clerk
222
AGENDA ITEM
~une 16, 2026, City Council Meetin~
d for Submittal By:
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: June 16, 2026
lsueJECT
Amending the City of Anderson Classification and Compensation Plan to establish the Parks and Landscape Superintendent classification I
I RECOMMENDATION
1. Receive a staff report;
2. Receive public comment;
3. Authorize the City Manager to add and fill the classification of Parks and Landscape Superintendent;
4. Adopt a Resolution amending the City of Anderson Classification and Compensation Plan to establish the Parks and Landscape Superintendent classification, approve the associated salary schedule, and reclassify one budgeted Public Works Superintendent position to one Parks and Landscape Superintendent position.
I FISCAL IMPACT
The creation of the Parks and Landscape Superintendent classification is expected to generate annual savings of up to $18,000 compared to the previously filled Public Works Superintendent position. The proposed classification provides a more appropriate alignment of compensation with the position's specialized duties and responsibilities while reducing overall personnel costs.
No additional budget appropriations are required as a result of this action.
ITEM 8.3a PAGE1 6/16/2026
223
I DISCUSSION and BACKGROUND
The City of Anderson has maintained two Public Works Superintendent positions. While both positions shared the same classification and job description, one Superintendent has primarily overseen the Parks and Landscape Division, while the other has been responsible for Water, Streets, Stormwater, and Building Maintenance operations. Following the retirement of one of the Public Works Superintendents in April 2025, the Parks and Landscape responsibilities have been temporarily assigned to an employee serving in an upgraded capacity.
The creation of a dedicated Parks and Landscape Superintendent classification better aligns the City's organizational structure with the actual duties and responsibilities of the position. Rather than utilizing a single job description for two distinctly different operational areas, the proposed classification recognizes the specialized knowledge, skills, and oversight required to manage the City's parks and landscape assets.
Under the proposed job description, the Parks and Landscape Superintendent will be responsible for planning, coordinating, and supervising the maintenance and operation of City parks, trails, medians, pedestrian bridges, water features, athletic facilities, landscaped areas, urban forestry resources, and other City-owned properties. The position will oversee the Parks and Landscape Division, including the supervision of regular staff, seasonal employees, and volunteers.
Additional responsibilities include budget administration, contract management, capital project oversight, environmental stewardship, emergency response, landscaping plan review, and coordination of maintenance activities necessary to preserve and enhance City facilities and natural resources.
The proposed salary range for the Parks and Landscape Superintendent is $35.08 to $47.01 per hour, with a maximum annual salary of $97,780.80. This salary range more appropriately reflects the specialized duties of the position and better aligns compensation with comparable classifications in neighboring agencies.
Approval of the new classification will improve operational efficiency by ensuring that job duties, responsibilities, and compensation are appropriately aligned. The position will provide dedicated leadership for the City's extensive park and landscape system, including the approximately 440-acre Anderson River Park, while also playing a key role in supporting community events and maintaining public amenities. Additionally, replacing the existing Public Works Superintendent classification with the proposed Parks and Landscape Superintendent classification is expected to generate annual savings of up to $18,000 while maintaining a high level of service to the community.
I ATTACHMENT
1. Resolution
2. Job description.
ITEM 8.3a PAGE2 6/16/2026
224
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
AMENDING THE CITY OF ANDERSON
POSITION CLASSIFICATION AND COMPENSATION PLAN TO ESTABLISH THE PARKS
AND LANDSCAPE SUPERINTEDENT CLASSIFICATION AND RECLASSIFY ONE
BUDGETED PUBLIC WORKS SUPERINTENDETN TO ONE PARKS AND LANDSCAPE
SUPERINTENDENT
WHEREAS, Chapter 2.56 of the Anderson Municipal Code establishes a Personnel Merit system for the administration of all personnel matters; and WHEREAS, said Chapter provides for the periodic review, amendment, and adoption by resolution of changes in the system's Classification and Compensation Plan; and WHEREAS, the City Manager has reviewed the Plan and has recommended that cert~in changes be made; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anderson hereby amends the Classification and Compensation Plan by:
1. Creating a new classification of Parks and Landscape Superintendent Uob description attached); and
2. Establishing the pay range of $35.08 - $4 7.01 per hour.
3. Reclassify one budgeted Public Works Superintendent position to one Parks and Landscape Superintendent.
PASSED AND ADOPTED by the City Council of the City of Anderson this 16th day of June, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dan Gallier, Mayor
ATTEST:
Christy White, City Clerk
225
CITY OF ANDERSON
Parks and Landscape Superintendent
Subject: Job description
Approved:
Effective date:
Supersedes:
DEFINITION
Under general direction, plans, coordinates and schedules personnel, materials, and equipment necessary to maintain City parks, trails, medians, pedestrian bridges, water features, swimming pools, athletic facilities, urban forest, landscaped areas, and other Cityowned property in good order and sound condition; is responsible for the supervision and operation of all activities of the Parks and Landscape Division; and ensures a safe, positive experience for the public while preserving and enhancing the area's nathral resources.
SUPERVISION RECEIVED AND GIVEN
Receives general supervision and direction from the Director of Public Works. Incumbent is expected to make good decisions independently, but also be able to solicit and accept help if needed or offered. Must be able to maintain control of the assigned area of responsibility, yet accept and support direction given by the Director of Public Works.
This is a supervisory position. Incumbent will directly supervise the Parks and Landscape Divisions. Incumbent will be required to establish and maintain control over the entire operation of the assigned divisions. Incumbent will use proper disciplinary procedures when needed, but will also work with and develop subordinates into a productive team of motivated employees.
This position supervises both regular and seasonal staff members, and volunteers. The Parks and Landscape Superintendent may need to assist or cover other Public Works Superintendent position as needed.
226
ESSENTIAL DUTIES
• Supervise and participate in the maintenance and operation of City parks, trails, medians, pedestrian bridges, water features, spray grounds, athletic facilities, urban forest, landscaped areas, and other City-owned property. Such work includes, but is not limited to, landscape maintenance, turf management, irrigation systems, tree care and pruning, pest management, playground inspection and maintenance, building maintenance and special facility upkeep. May occasionally operate equipment. • Schedule and plan work for the Parks and Landscape Division. Ensure required personnel, materials, and equipment are available. Prepare necessary work plans.
Inspect parks, trails, and City-owned property in order to recognize deficiencies and hazards and initiate appropriate corrective actions.
• Hire, train, schedule, motivate, develop, and evaluate staff. Establish goals and standards and assign, prioritize, and monitor work assignments to optimize skills and resources. Work with employees to promote optimum performance, correct deficiencies, and implement discipline procedures if necessary. • Train volunteers and seasonal staff; plan, arrange, schedule, and monitor projects for special crews and volunteers to ensure seasonal and special events and volunteer work is coordinated effectively.
• Respond to emergencies and major incidents, such as flooding, storm damage, downed trees, and park facility alarms. Respond to after-hour call-outs as needed. • In a timely manner, submit daily, weekly, and yearly records and reports. Such records and reports include, but are not limited to, timekeeping, projects, personnel evaluations, materials, purchases, and any other report or record as requested. • Inspect parks, playgrounds, and trail facilities in orde~ to ensure City facilities and equipment are used and maintained properly. Inspect trees for pests, diseases, and structural defects; use integrated pest management practices whenever possible.
Conduct safety meetings and other training. Ensure staff is properly trained and qualified to perform assignments. Monitor crew work habits and conditions to provide for the safety of the crew and public.
• Administer City policy and procedures. Maintain crew morale and discipline. Answer employee and public questions regarding policy and procedure with tact and courtesy. Ensure adherence to City policies and procedures. May be called upon to respond to media inquiries.
• Recognize, protect, monitor, and enhance the parks' natural resources. Ensure compliance with State and Federal laws and regulations pertaining to environmental protection.
• Assist in the preparation, administration, and monitoring of the budget. Administer and monitor contracts; participate in the development and negotiation of operating agreements and ensure adherence to these agreements. Purchase equipment, materials, and supplies.
• Participate in planning and design processes when necessary; participate in the development of standards and guidelines for park maintenance and construction.
Provide review of landscaping plans for new construction at the request of the Public Works or Development Services Department. Provide inspection of ongoing or 227
recently completed landscaping installations, and timely feedback to City representatives or contractors regarding deficiencies or corrections required. • Manage capital projects related to park maintenance and new construction. Maintain open communication with the Director, employees, other City departments/divisions, other public and private agencies, neighbors, and the general public.
• Perfonn other duties as assigned.
DESIRABLE QUALIFICATIONS
Training and Experience:
Any combination of training and experience that provides the required knowledge, skills, and abilities is qualifying. Typical education would include an Associate in Arts Degree in Ornamental Horticulture, Landscape Architecture, or a related field from an accredited college, university, or equivalent. Typical experience would include five years ofrelevant experience in parks landscape maintenance or landscape design and architecture, including two years of progressive supervisory experience.
Knowledge:
• Knowledge of materials, methods, techniques, tools, and equipment used in park maintenance and repair, including horticultural planting, pruning, fertilizing, irrigation, and tree and shrub care.
• Knowledge of current arboriculture practices.
• Knowledge of principles of supervision, training, and performance evaluation. • Knowledge of safe work practices in order to ensure a safe working environment. • Knowledge of budget and general administrative procedures, and the care, operation, and maintenance of park equipment, tools, and supplies.
Abilities:
• Ability to understand and apply City and division policies and procedures. • Ability to provide effective supervision and quality customer service. • Ability to think clearly and apply logic and common sense to problem solving. • Ability to communicate clearly, concisely, and effectively, both orally and in writing. • Ability to use office equipment, including personal computer, fax machines, copiers, etc.; must possess a working knowledge of word processing and spreadsheet software, as well as be able to communicate effectively via email and mobile devices. • Ability to establish and maintain positive and cooperative working relationships with those contacted in the course of work at all levels, with a focus on quality service to internal and external customers.
• Ability to respond to emergencies outside of normal work hours. 228
• Ability to maintain good relations and a positive public image with members of the public, even in difficult and tense situations.
SPECIAL REQUIREMENTS
• Must possess a valid California driver's license (Class B Commercial license is required, Class A is desired), or the ability to acquire one within six months of appointment.
• Qualified Applicator Certificate (with a minimum of category B - landscape maintenance, and desired categories C - right of way, and F - Aquatic) as issued by the California Department of Food and Agriculture, or the ability to obtain. • Desired Certified Arborist Certification as issued by the International Society of Arboriculture, or the ability to obtain.
• Certified Playground Safety Inspector Certification as issued by the National Parks and Recreation Association and National Playground Safety Institute, or the ability to obtain within six (6) months.
• CPR and First Aid Certificates, or the ability to obtain. • Forklift Operator Certification, or the ability to obtain.
TOOLS AND EQUIPMENT USED
Employee will use a variety of tools and equipment common to a parks and landscape department including, but not limited to, dump trucks, tractors, backhoes, loaders, mowers, trimmers, weed eaters, power edgers, power blowers, chainsaws, irrigation equipment; spray equipment, and other tools as requited. Additionally, the employee will use a personal computer, printer, calculator, telephone, copier, fax machine, and various other office equipment. Must possess a working knowledge of word processing and spreadsheet software, as well as be able to communicate effectively via email and mobile devices.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Employee must have physical ability to react quickly to sudden, unanticipated conditions in the field and do strenuous hand and mechanical labor. Employee shall be able to lift and carry heavy objects greater than 50 lbs. over uneven terrain. Employee must be able to sit and work at a computer.
Employee must have the ability to see in the normal visual range, with or without correction, as set forth by the State of California Department of Motor Vehicles standards for safe vehicle driving. Night vision must be good for safety when working after dark. 229
Employee must have the ability to hear in the normal audio range with or without correction.
Hearing should be adequate to hear warning devices used for worker safety.
WORK CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Employee is required to work primarily outdoors, and may at times need to work in a wide range of extreme conditions, including heat up to 120 degrees, cold to 10 degrees, strong winds, rain, sleet, and snow.
Employee may be required to work long shifts due to storms, emergencies, and special work projects.
Personal safety equipment requirements include:
• Work boots, in good and sturdy condition, must be worn to provide foot and ankle support and protection.
• Either long or short-sleeved shirts provided by City, or a safety vest is to be worn over non-safety shirts or coats.
• Long pants. No shorts or cutoffs.
• Provided safety gear; hard hat, safety glasses, hearing protection devices, face shields, gloves, respirator, chaps, or other safety gear must be worn when required by the City.
230
AGENDA ITEM
~une 16, 2026, City Council Meetin~
Jo
ented By:
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth•Deshais, City Manager
Date: June 16, 2026
lsueJECT
Salary and Benefit Changes to Mid-Management and Confidential Employees
I RECOMMENDATION
1. Receive a staff report;
2. Accept public comment;
3. Adopt a resolution approving salary changes for fifteen non-contract MidManagement and Confidential classifications as follows:
Effective June 20, 2026 a salary increase of 2.5% for the classifications of Assistant City Manager, Deputy Director of Development Services, Chief Wastewater Treatment Plant Operator, City Clerk, Deputy City Clerk, Deputy Public Works Director, City Engineer, Engineering Services Manager, Public Works Superintendent, Support/ Administrative Services Division Manager, and Finance Office Manager, Community Engagement Manager, Director of Community Services, Director of Operations and Administration, Engineering Services Manager.
I FISCAL IMPACT
Implementation of these salary increases are estimated to cost $29,129 in fiscal year 2026- 2027. The adopted fiscal year 2026-2027 budget already contains appropriations for the recommended increase. Below is a breakdown of the specific impacts to each fund.
ITEM 8.3b PAGE1 6/16/2026
231
GF 9,569.14 33%
PW 8,638.65 30%
Water 3,091.25 11%
Sewer 5,017.90 17%
Fleet 338.48 1%
Computer 1,079.53 4%
Customer Svc 1394.58 50
I DISCUSSION and BACKGROUND
The City Council has previously considered and approved salary and benefit adjustments for both the Anderson Police Officers Association (APOA) and the General Teamsters, Local #137 (Teamsters). The City Manager is now recommending corresponding salary and benefit changes for non-contracted Management and Confidential employees.
Historically, Management and Confidential employees have received salary adjustments that are comparable to those negotiated with the Teamsters in order to maintain internal equity, support recruitment and retention efforts, and recognize the leadership responsibilities of these positions.
It is important to note that, while Teamsters employees received two negotiated salary increases of 2.5% each during this period, the recommended adjustment for Management and Confidential employees reflects only a single increase 2.5% increase. Additionally, many members of the City's executive team voluntarily participated in the Voluntary Time Off (VTO) program during Fiscal Year 2025•26, accepting a 10% reduction in pay to help address the City's budget challenges.
The participation of executive staff in the VTO program generated more than $87,000 in salary savings during the fiscal year, providing meaningful budget relief while allowing the City to maintain service levels and avoid more significant operational impacts. This demonstrated a substantial commitment by the City's leadership team to fiscal responsibility and organizational stability during a challenging budget cycle.
While fifteen positions are included in the proposed salary and benefit adjustments, these six (6) positions are currently budgeted and filled for the 2025-2027 biennial budget cycle:
Chief Wastewater Treatment Plant Operator, Deputy Public Works Director, Finance Director, Administrative Services Manager, Public Works Superintendent and City Clerk. jATTACHMENTS
1. Resolution
ITEM_8.3b PAGE2 6/16/2026
232
RESOLUTION NO. 26-
A RESOLUTION OF THE ANDERSON CITY COUNCIL
APPROVING SALARY AND BENEFIT CHANGES FOR FOURTEEN NON-CONTRACT
MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS
WHEREAS, the Anderson City Council desires to approve salary and benefit changes for fifteen non-contract Management and Confidential classifications effective June 20, 2026; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves salary and benefit changes effective June 20, 2026, for fourteen non-contract Management and Confidential classifications:
1. Effective June 20, 2026 a salary increase of 2.5% for the classifications of Assistant City Manager, Deputy Director of Development Services, Chief Wastewater Treatment Plant Operator, City Clerk, Deputy City Clerk, Deputy Public Works Director, City Engineer, Engineering Services Manager, Public Works Superintendent, Support/ Administrative Services Division Manager, and Finance Office Manager, Community Engagement Manager, Director of Community Services, Director of Operations and Administration, Engineering Services Manager.
PASSED AND ADOPTED by the City Council of the City of Anderson this 16th day of June, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dan Gallier, Mayor
ATTEST:
Christy White, City Clerk
233
AGENDA ITEM
~une 16, 2026 City Council Meetingj
seth-Deshais, City Manager
esented By:
helen, Public Works Director
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Adam Whelen, Public Works Director
Date: June 16, 2026
!SUBJECT
CAL FIRE Wildfire Prevention Grant Application
I RECOMMENDATION
1. Receive a staff report;
2. Receive public comments;
3. Authorize the submission of a grant application to the California Department of Forestry and Fire Protection (CAL FIRE) for a Wildfire Prevention Grant. ]FISCAL IMPACT
The CAL FIRE Wildfire Prevention Grant is a reimbursement-based grant. Staff proposes a project with a total estimated cost of $850,000. Matching funds are not a requirement for this grant.
Although reimbursement-based, eligible grantees may request an advance payment of up to 25 percent of the total award upon execution of the grant agreement, subject to the requirements of California Government Code §11019.3(c)(2).
ITEM 8.9 PAGE1 06/16/2026
234
I DISCUSSION and BACKGROUND
CAL FIRE recently released the Wildfire Prevention Grants Program Guidelines for Fiscal Year 2025-2026 under Proposition 4, the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. The program provides funding for projects that reduce wildfire risk to communities and improve public safety. Approximately $70 million is available statewide, with applications due July 8, 2026.
The Wildfire Prevention Grants Program funds three categories of activities: Hazardous Fuels Reduction, Wildfire Prevention Planning, and Wildfire Prevention Education. Eligible activities include vegetation clearance, creation or maintenance of fuel breaks, selective tree removal, modification of vegetation adjacent to roads, reduction of fuel loading around critical infrastructure, development of Community Wildfire Protection Plans, and public education and outreach. The City of Anderson, as a local agency, is an eligible applicant under Proposition 4.
Staff proposes submitting an application to fund hazardous fuels reduction activities within the City of Anderson. The proposed project would include vegetation management and fuel reduction in wildfire-threatened areas of the community, as well as public outreach and education. The total estimated project cost is $850,000. The City intends to partner with the Anderson Fire District as a co-applicant on the grant application.
Anderson is located in a region that has experienced significant and repeated wildfire impacts in recent years. The threat of wildfire to our community, as seen in the 2022 Peter Fire and 2025 Rancho Fire, is well documented. The proposed project would directly support the City's goals of increasing wildfire resilience and protecting residential neighborhoods.
City Staff recommends that the Anderson City Council authorize the submission of an application for the CAL FIRE Wildfire Prevention Grant under Proposition 4. If the City is selected as a grant recipient, a resolution will be brought before the Anderson City Council to accept the awarded grant funding and authorize execution of a grant agreement with CAL FIRE. !ATTACHMENT
1. CAL FIRE Wildfire Prevention Grant Program Guidelines ITEM 8.9 PAGE2 06/16/2026
235
Proposition 4 California Climate Bond
Department of Forestry and Fire Protection
Wildfire Prevention Program
Grant Guidelines
FY 2025-2026
CLIMATE
B'-' ND
PROP 4 • 2024
GOVERNOR GAVIN NEWSOM
STATE OF CALIFORNIA
Solicitation Opens: May 7, 2026
Proposals Due: July 08, 2026, 3:00 PM PST
236
Contents
I. INTRODUCTION ..................................................................................................................................................... 3 WILDFIRE PREVENTION GRANTS PROGRAM SUMMARY AND PRIORITIES ............................................................... 3 QUALIFYING PROJECT TYPES AND ACTIVITIES .......................................................................................................... 4 HAZARDOUS FUELS REDUCTION .......................................................................................................................... 4 WILDFIRE PREVENTION PLANNING ...................................................................................................................... 5 WILDFIRE PREVENTION EDUCATION .................................................................................................................... 5 II. ELIGIBILITY, CONDITIONS, AND IMPORTANT POINTS ............................................................................................ 5 ELIGIBILITY FOR PROPOSITION 4 ............................................................................................................................... 5 Applicants may not be one of the following: ....................................................................................................... 6 ELIGIBLE COSTS INCLUDE, BUT ARE NOT LIMITED TO: ........................................................................................ 6 INELIGIBLE COSTS INCLUDE, BUT ARE NOT LIMITED TO: ..................................................................................... 6 NON-QUALIFYING PROJECT TYPES AND ACTIVITIES INCLUDE, BUT ARE NOT LIMITED TO: ................................ 6 LIMITED WAIVERS OF SOVEREIGN IMMUNITY FOR NATIVE AMERICAN TRIBES: ................................................ 7 CONDITIONS AND IMPORTANT POINTS .................................................................................................................... 7 I
PREVAILING WAGE REQUIREMENTS ....................................................................................................................... 12 GREENHOUSE GAS (GHG) EMISSIONS REQUIREMENTS .......................................................................................... 12 PROPOSITION 4 REPORTING REQUIREMENTS ........................................................................................................ 13 111. GRANT APPLICATION REVIEW AND EVALUATION FACTORS ................................................................................ 14 REVIEW PROCESS .................................................................................................................................................... 14 EVALUATION FACTORS (RANKING CRITERIA) .......................................................................................................... 14 APPLICATION PROCESS AND PROJECT ADMINISTRATION ...................................................................................... 16 STAGE 1-PROJECT APPLICATION ........................................................................................................................... 17 STAGE 2- GRANT APPLICATION REVIEW AND SELECTION ...................................................................................... 18 STAGE 3 - GRANTS AWARDED ................................................................................................................................. 18 STAGE 4-COMPLETED GRANT AGREEMENTS ....................................................................................................... 18 pg. 1
237
PROJECT AMENDMENTS, MODIFICATIONS, ANO TERMINATIONS ......................................................................... 19 ACCOUNTING REQUIREMENTS ............................................................................................................................... 19 LOSS OF FUNDING ................................................................................................................................................... 20 PROPOSITION 4 INDIRECT COST RATES ................................................................................................................... 20 PROJECT COSTS ....................................................................................................................................................... 21 PAYMENT OF GRANT FUNDS ................................................................................................................................... 25 STATE CONFLICT OF INTEREST LAWS ...................................................................................................................... 25 ADVANCE PAYMENTS .............................................................................................................................................. 26 STATE AUDIT ........................................................................................................................................................... 27 IV. EXPLA.NATION OF TERMS .............................................................................................................. , ....................... 28 PROP 4 TOOLS ......................................................................................................................................................... 30 V. APPENDICES ............................................................................................................................... , .... , ................... 30 APPENDIX A- ENVIRONMENTAL COMPLIANCE FOR CAL FIRE PROJECTS .............................................................. 30 APPENDIX B-SAMPLE RESOLUTION (NOT REQUIRED) .......................................................................................... 34 APPENDIX C - INVOICE ........................................................................................................................................... 35 APPENDIX D-STATE OF CALIFORNIA STANDARD REQUIRED FORMS .................................................................... 36 APPENDIX E- CALMAPPER (AWARDED GRANTS ONLY) ......................................................................................... 36 APPENDIX G - PDF PROJECT MAP ........................................................................................................................... 36 APPENDIX H -JUSTIFICATION FOR INDIRECT COST RATE> 15% ........................................................................... 37 APPENDIX I -APPLICATION PACKAGE .................................................................................................................... 37 APPENDIX J -ADDITIONAL RESOURCES .................................................................................................................. 38 APPENDIX K-CALCULATING INTEREST ON ADVANCE PAYMENTS ......................................................................... 38 pg.2
238
I. INTRODUCTION
This grant guideline includes information about the California Department of Forestry and Fire Protection (CAL FIRE) Wildfire Prevention (WP) Grants Program. Up to $70 million is being allocated to CAL FIRE's Wildfire Prevention Grants Program in Fiscal Year 2025-26 from the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Proposition 4). For information about CAL FIRE's other CCI programs, please visit CAL FIRE Grants.
WILDFIRE PREVENTION GRANTS PROGRAM SUMMARY AND PRIORITIES CAL FIRE's Wildfire Prevention Grants Program provides funding for wildfire prevention projects and activities in and near wildfire-threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include Hazardous Fuels Reduction, Wildfire Prevention Planning, and Wildfire Prevention Education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.
California's Strategic Fire Plan serves as a roadmap for project development. Projects are evaluated based on the overall benefit to reduce the threat of wildfires to people, structures, and communities. CAL FIRE will consider the wildfire hazards and risks to an area, the geographic balance of projects, and whether the project is complementary to other wildfire prevention or forest health activities when awarding grants. Projects benefiting disadvantaged communities or low-income communities, as defined by Health and Safety Code section 39713, projects that demonstrate a carbon benefit by reducing greenhouse gas emissions, and projects that contain matching funds will receive additional priority. Projects located in or submitted by local agencies on the Fire Risk Reduction Community List, or projects that utilize funding to meet the List eligibility requiremer\ts pursuant to Public Resources Code sections 4124.7 and 4290.1, will receive additional priority. Projects are selected on a competitive basis, and consecutive awards are not guaranteed. Disadvantaged and low-income communities can be determined using the process in Appendix F. Projects that demonstrate that they are providing maintenance of existing fuels reduction projects paid for by CAL FIRE or any other funding sources (i.e., other state funds, federal funds, or private funds) will also receive priority. Projects conducted by any local governmental entity qualified to perform defensible space assessments pursuant to Public Resources Code Section 4291.5 in very high and high fire hazard severity zones, as identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Division 4, Part 2, Chapter 1, Article 9 (commencing with Section 4201) of the Public Resources Code or by a local agency pursuant to Section 51179 of the Government Code, will receive priority if they utilize the common reporting platform created pursuant to subdivision (c) of Public Resources Code Section 4291.5 to report that information.
CAL FIRE will provide technical expertise and management oversight of grants but may not be the primary agency or applicant for a project. CAL FIRE reserves the right to fund projects in total or in part, whichever best serves the objectives of the Wildfire Prevention Grants Program. Project applicants that are selected to receive partial funding will be provided with additional information on their revised funding amount, project performance period, and any other changes to their application, as needed. pg. 3
239
PROPOSITION 4 BACKGROUND AND PRIORITIES
In November of 2024, California voters approved Proposition 4 to fund water, climate, wildfire, and natural resource projects across the state of California. Proposition 4 will allocate $185 million to CAL FIRE Wildfire Prevention Grants as follows: uprojects and grants to improve local fire prevention capacity, improve forest health and resilience, and reduce the risk of wildfire spreading into populated areas from wild lands. Where appropriate, projects may include activities on lands owned by the United States." (Pub. Resources Code, section 91520, subd. (d).) To the extent feasible, a project whose application includes the use of services of the California Conservation Corps or certified community conservation corps, as defined in Section 14507.5, shall be given preference for receipt of a grant under this division (Pub. Resources Code, section 90150). In addition, projects that leverage private, federal, and local funding or produce the greatest public benefit will also receive priority (Pub. Resources Code, section 90050). Proposition 4 requires that at least 40 percent of the total funds available under Proposition 4 be allocated for projects that provide meaningful and direct benefits to vulnerable populations or disadvantaged communities. Of this 40 percent, at least 10 percent of the total funds available shall be allocated for projects that provide meaningful and direct benefits to severely disadvantaged communities. (Pub. Resources Code, section 90140).
QUALIFYING PROJECT TYPES AND ACTIVITIES ----------~- ~----- The Wildfire Prevention Grants Program funds three types of activities: Hazardous Fuels Reduction, Wildfire Prevention Planning, and Wildfire Prevention Education. Below are some examples of qualifying projects and activities:
HAZARDOUS FUELS REDUCTION
I • Vegetation clearance in critical locations to reduce wildfire intensity and rate of spread. • Creation or maintenance of fuel breaks in strategic locations, as identified in CAL FIRE Unit Fire Plans, a Community Wildfire Protection Plan, or similar strategic planning document. • Maintenance of existing fuels reduction projects paid for by CAL FIRE or any other funding sources (i.e., other state funds, federal funds, or private funds).
• Removal of ladder fuels to reduce the risk of crown fires. • Creation of community-level wildfire prevention programs, such as community chipping days, roadside chipping, and green waste bin programs.
• Selective tree removal (thinning) to improve forest health to withstand wildfire. • Modification of vegetation adjacent to roads to improve public safety for egress of evacuating residents and ingress of responding emergency personnel.
• Reduction of fuel loading around critical infrastructure to maintain continuity of government and other critical services.
• Projects to improve compliance with defensible space requirements as required by Public Resources Code Section 4291 (Projects eligible are low-income, disabled, or elderly households per CA requirements). o CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Compliance is required for contractors performing Public Resources Code Section 4291.
• Seasonal and temporary prescribed grazing using temporary infrastructure consistent with increasing the protection of people, structures, and communities.
• Removal of dead, dying, diseased, or otherwise hazardous trees. pg. 4
240
WILDFIRE PREVENTION PLANNING
• Wildfire risk or related mapping
• Creation or update of strategic wildfire planning documents, such as:
• Evacuation plans
• Community Wildfire Protection Plans (CWPP)
• Local Hazard Mitigation Plans
• Safety Elements
• Wildfire Prevention or Mitigation Plans
WILDFIRE PREVENTION EDUCATION
Development and implementation of public education and outreach programs. Workshops, meetings, materials creation, and other educational activities with the purpose of increasing knowledge and awareness·of information that could be used to reduce the total number of wildfires, acres burned, and structures lost.
To educate the public on making homes and communities more wildfire resilient, including defensible space training.
Activities are subject to CAL FIRE approval.
II. ELIGIBILITY, CONDITIONS, AND IMPORTANT POINTS
ELIGIBILITY FOR PROPOSITION 4
• State Agencies
• Native American Tribes
• Joint Powers Authorities (JPAs) if the entities involved are eligible applicants. • Special districts
o Fire protection districts.
o Community services districts
o Water districts
o Resource conservation districts
• Local agencies, including:
o City, county, or city and county
• Fire Safe Councils with a 501(c)(3) designation.
• Other qualified non-profit organizations with a 501{c)(3) designation In situations where a local government has contracted with CAL Fl RE for fire protection services, CAL FIRE is considered a local government for purposes of this grant program.
If an applicant has applied for 50l(c)(3) status at the time of application, that is sufficient. Applicants will have to provide the official 501(c)(3) approval prior to execution of the grant agreement. 241
Applicants may not be one of the following:
• A privately held for-profit company or corporation.
• Individual or private landowners.
• Homeowners' associations or other associations unless they have 501(c)(3) non- profit status. • No sub-awarding allowed.
ELIGIBLE COSTS INCLUDE, BUT ARE NOT LIMITED TO:
• Removal of dead, dying, diseased, or otherwise hazardous trees posing an imminent threat to public health and safety, public rights-of-way, and public infrastructure, which may include dead, dying, diseased trees on private property.
• Contracted tree removal, transportation, holding site fees, and disposal. • Costs that are necessary and prudent to the accomplishment of the project, e.g., • Project equipment not to exceed a cumulative total of $750,000. • Project supplies (supplies include items under $10,000 per unit cost). Chainsaws are an example of a supply item and are not considered equipment.
• Fuel and Maintenance
• CEQA Costs
• National Environmental Policy Act (NEPA) Costs
All equipment purchases must be pre-approved. All pre-approved equipment purchases are owned by the grantee. Equipment cannot be purchased by subcontractors and billed to the grantee for reimbursement.
INELIGIBLE COSTS INCLUDE, BUT ARE NOT LIMITED TO:
• Removal of non-hazardous trees that do not pose an imminent threat to public health and safety or for non-wildfire prevention purposes, including but not limited to improvement of private property view sheds.
• Costs associated with the improvement of landscaping, or ecological restoration, including planting. • Costs that are not directly associated with the project. • Costs already funded or budgeted through another source (i.e., supplanting) • Income, fees, revenues, or wages lost or voluntarily waived by a local agency. • Activities or costs associated with permanent infrastructure. • Costs incurred before or after the project performance period. • Cost of preparing a grant and application.
• Late fees, penalties, and bank fees.
• Gifts or gift cards. If uncertain, contact your Region. • CAL FIRE has final discretion for approval on all costs NON-QUALIFYING PROJECT TYPES AND ACTIVrrlES INCLUDE, BUT ARE NOT LIMITED TO:
• Purchase of capital equipment with a cumulative total of more than $750,000 • Purchase of capital equipment without demonstrating how the equipment will be utilized. All equipment purchases must be pre-approved. All pre-approved equipment purchases are owned by the grantee.
Equipment cannot be purchased by subcontractors and billed to the grantee for reimbursement. pg.6
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• Installation, creation, upgrade, or maintenance of fire protection features, such as roads, bridges, structures, water storage facilities, or other permanent infrastructure. • Projects or activities utilizing CAL FIRE staff without corresponding reimbursements or requests seeking funding for services already provided by CAL FIRE.
LIMITED WAIVERS OF SOVEREIGN IMMUNITY FOR NATIVE AMERICAN TRIBES:
CAL FIRE is accountable for the responsible use of state funds. Federally recognized tribes are sovereign nations with special legal status. In order to provide accountability for this grant funding and to ensure the grant agreements may be enforced in case of default, CAL FIRE may require limited waivers of sovereign immunity when the primary grantee (who signs the grant agreement contract) is a federally recognized tribe. This will be determined on a case-by-case basis and is dependent on the type and scope of the project. If required, the grant agreement will include these important terms and conditions CAL FIRE will avoid seeking a limited waiver of sovereign immunity when possible and will strive to notify applicants early in the grant application review process if it is anticipated a limited waiver of sovereign immunity will be necessary. CAL FIRE is committed to working collaboratively with California Native American tribes on tailoring limited waiver of sovereign immunity terms to support tribal priorities while also meeting the state's legal obligations.
CAL FIRE will conduct a risk analysis of all projects that may involve limited waivers of sovereign immunity. In general, CAL FIRE may require limited waivers of sovereign immunity when the grantee is a federally recognized tribe, and the project includes any of the following elements:
• Advance funds
• High-risk implementation projects, which may include fuels reduction, prescribed burning, cultural burning, ceremonial, or other use of fire
• Organizations without demonstrated reliability in sound financial management For questions regarding sovereign immunity, please reach out to the program by emailing [email protected]. who may refer you to discuss specifics with the appropriate person at CAL FIRE Legal.
CONDITIONS AND IMPORTANT POINTS
1. The recommended funding amount is $950,000 or less.
2. Grants can be made only to "eligible" applicants.
3. Projects must provide benefits to habitable structures and people in and near wildfire threatened communities.
4. Projects utilizing partners must provide a letter of commitment from the partner entity as proof that they have contacted the entity, the entity has the required resources (if needed) to commit toward the project, and the entity supports the project.
5. Qualifying projects and activities are limited to those where the proposed project or activity addresses the hazards and risks to wildfire threatened communities that focus on increasing the protection of people, structures, and communities.
6. Applicants must consider greenhouse gas emissions of project activities and plan to reduce emissions as much as possible during project activities.
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7. Grantees must have and demonstrate to CAL FIRE the ability to plan, administer, and complete the grant project.
8. Projects that may impact the environment must comply with CEQA. Projects that may impact the environment and involve a federal action must also comply with NEPA. Projects requiring CEQA/NEPA review are required to provide documented compliance within 12 months from the grant execution.
CEQA/NEPA compliance must begin immediately after grant execution. No grant funds, including those provided via an advance payment from CAL FIRE, shall be spent on any project activity that could affect the environment, including any ground-disturbing activity, until the grantee receives written environmental compliance approval from CAL FIRE.
9. A Registered Professional Forester (RPF) must design and oversee any fuel "forestry" projects, as defined in Public Resources Code (PRC) Section 753, proposed on a "forested landscape,'' as defined in PRC Section 754. The RPF must conduct at least one site visit during active project operations to ensure vegetation removal is being conducted according to the prescription. An RPF is not required to provide the general project information required in the Scope of Work during the grant application phase, but the applicant must explain how CEQA or NEPA compliance will be met and describe RPF involvement in the Project Scope of Work and include this cost in the budget, if applicable. a) PRC Section 753 - "Forestry," as used in this article, refers to the science and practice of managing forested landscapes and the treatment of the forest cover in general, and includes, among other things, the application of scientific knowledge and forestry principles in the fields of fuels management and forest protection, timber growing and utilization, forest inventories, forest economics, forest valuation and finance, and the evaluation and mitigation of impacts from forestry activities on watershed and scenic values, to achieve the purposes of this article. The practice of forestry applies only to those activities undertaken on forested landscapes. The I
professions specified in PRC Section 772 are not practicing forestry when mitigating or recommending mitigation of impacts from previous forestry activities on related watershed or ecological values within their area of professional expertise or when recommending those mitigations for proposed timber operations. However, public and private foresters are required to be licensed pursuant to this article when making evaluations and determinations of the appropriate overall combination of mitigations of impacts from forestry activities necessary to protect all forest resources.
b) PRC Section 754 - "Forested landscapes" means those tree-dominated landscapes and their associated vegetation types on which there is growing a significant stand of tree species, or which are naturally capable of growing a significant stand of native trees in perpetuity, and is not otherwise devoted to non-forestry commercial, urban, or farming uses.
10. Projects outside of a "forested landscape" should consider the use of a professional ecologist, biologist, certified rangeland manager, arborist, RPF, or other professional with knowledge of local ecosystem processes to develop an appropriate fuel hazard reduction removal project.
11. CAL FIRE has the discretion to specify an earlier project completion date at the time of award based on the funds associated with the grant award. CAL FIRE will work with the grantees to ensure projects will still be achievable within the earlier timeframe.
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12. Fuel reduction vegetation treatment prescriptions shall focus on increasing safety for the public and first responders, as well as reducing fire hazards to improve the protection of lives, structures, and communities. Treatments shall eliminate the vertical and horizontal continuity of vegetative fuels for the purpose of reducing the rate of fire spread, duration and intensity of fire, fuel ignitability, and the ignition of tree crowns or structures.
13. Required project deliverables to be included in the Project Scope of Work:
a) Pre- and post-treatment description of: (1) site conditions and project results relative to hazardous tree or vegetative conditions; (2) wildfire hazard reduction goal accomplishments, or (3) another measurable metric for evaluation of the project. This includes, but is not limited to, number of acres treated, number of parcels treated for fuel reduction for defensible space compliance, number of prevention plans created, and number of people reached in a public education project. CAL FIRE reserves the right to retain copies of these descriptions and publicly disseminate the information for its own purposes.
b) GIS data files supporting the project map to allow CAL FIRE to accurately document the spatial extent of the project for the duration of the grant.
• For projects and activities involving on-the-ground work, CAL FIRE requires shapefiles to be submitted with the signed agreement and on a quarterly basis throughout the duration of the grant. (See Progress report quarterly calendar, pg. XX). c) Documented CEQA or NEPA compliance within 12 months of grant execution, unless a longer period of time is approved by CAL FIRE. This includes the approval of a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report, or the filing of a Notice of Exemption. If compliance is not achieved or if reasonable articulation of non-compliance is not made, the grant could be subject to termination. No grant funds, including those provided via an I advance payment from CAL FIRE, shall be spent on any project activity that could affect the environment, including any ground-disturbing activity, until the grantee receives written environmental compliance approval from CAL FIRE.
14. Financial reports are required for reimbursement. Please see Appendix C for guidelines for the invoice that must be submitted with the financial report. The invoice template is found on the CAL FIRE website.
15. A Quarterly Progress Report form must be submitted under the Pending tasks "Activities report request" in the Grants Portal, utilizing the required CAL FIRE Wildfire Prevention Grants Template. Grantee shall provide data reporting to CAL FIRE, including but not limited to, number of acres treated, number of parcels treated for fuel reduction for defensible space compliance, the number of prevention plans created, and the number of people reached in a public education project. Pre and Post implementation photos is required to be submitted with all progress reports that include fuel reduction activities. CAL FIRE will provide grantees with the specific metrics and the reporting process. The quarterly progress report is due within 30 days of the end of every calendar quarter, even if no fiscal activity has occurred:
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P,uarter Progress Report Covering Due Date
1st Quarter January 1- March 31 April 30
12nd Quarter April 1-June 30 July 31
3rd Quarter July 1-September 30 October 31
4th Quarter October 1-December 31 January 31
16. For all Proposition 4 funded grant projects, grantees will provide CAL FIRE with updated cash flow projections. Cash flow projections will be utilized aggregately for monthly projections and semi-annually for individual projects.
17. Final financial reports for grant-related work must be submitted to CAL FIRE no later than 30 days after the project completion date.
18. A Wildfire Prevention Grants Program Final report (found on the CAL FIRE website) must be submitted simultaneously with the final financial report, within 30 days from the expiration date. a) Pre-implementation and post-implementation pictures must be submitted with the Final Report, along with updated GIS data files.
19. Projects must demonstrate all efforts to reduce greenhouse gas emissions. Projects that demonstrate significant greenhouse gas emissions reductions will be favored.
20. All Wildfire Prevention Grants projects must clearly display, identify, and label themselves as being funded by CAL FIRE. Acknowledgments must contain the CAL FIRE logo as well as the following statement:
Funding for this project provided by CAL FIRE's Wildfire Prevention Grants Program. Grantees must include the Proposition 4 logo and boilerplate language (link for the Prop 4 Climate Bond can be found here), along with the CAL FIRE logo on all outreach and public-facing materials, including but not limited to press releases, media advisories, printed collateral, event invitations, signs, and project/program websites.
21. Each application should focus on one or more of the following major activities:
a) Hazardous Fuels Reduction
b) Wildfire Prevention Planning
c) Wildfire Prevention Education
Entities with more than one application should consider consolidating into just one application, especially if proposed project(s) are similar or share geographic locations. For additional assistance work with your local CAL FIRE Unit coordinator or your region representatives.
22. Applications must be submitted in the CAL FIRE Grants Portal by July 08, 2026, at 3:00 PM Pacific Time. It is highly recommended you submit your application before the deadline as CAL FIRE will not accept any late applications due to technical issues.
23. No reimbursable work on proposed Wildfire Prevention Grants projects may commence until there is a fully executed agreement between CAL FIRE and the grantee. An agreement is considered fully executed upon signature and approval by the State Fire Marshal or designee. pg. 10
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24. All project and activity work related to grants must be completed by final expiration date located in the executed Grant Agreement.
25. No grant activities that may impact the environment, including ground disturbing work, may commence until the requirements of CEQA or NEPA have been satisfied. For more details see Appendix A:
Environmental Compliance for CAL FIRE Projects (CEOA).
26. Agreements must be executed by the date specified in the Agreement.
27. Reimbursement payments are expected to be issued 45 calendar days from the time of an undisputed financial report. Payments are sent via U.S. Mail; electronic payment is not available. The financial report approval process is as follows:
a) Financial report submitted to the Region for review and approval using Grants Portal. b) Unit reviews the financial report and performs a project site inspection, if applicable, to verify that invoiced work has been satisfactorily completed according to the deliverable items described in the grant documentation.
c) Grants Management Unit reviews and submits the financial report to the Business Service Office for payment.
28. When a Contract County is the grantee, the Contract County must contact the CAL FIRE Administrative Unit to conduct an inspection of the modification efforts prior to submitting a Financial Report in Grants Portal for completed work. The CAL FIRE Administrative Unit or designee will conduct an inspection to verify that work to be invoiced has been satisfactorily completed according to the deliverable items described in the grant documentation.
29. A resolution or attesting document may be requested for Wildfire Prevention Grants. The attestee cannot be the same individual designated to sign the agreement. Please refer to the sample resolution (Appendix B). A board resolution template is available on the CAL FIRE WP Grants website.
Note: Where the line indicates 'whereas the Board designates (designee's title)', it is recommended the applicant list the title rather than an individual's name. In the event the individual leaves the organization, a new resolution designating a replacement will be required if a name is listed rather than the working title. The resolution should name the designee for entering into agreements on behalf of the board and the authorized signatory for financial reports.
30. Wildfire Prevention Grants are neither designed nor intended to create or substantially support ongoing administrative positions.
31. The inclusion of indirect costs are acceptable for Wildfire Prevention Grants funded by Proposition 4 projects. The grantee may request one of the following indirect cost rates:
a) The grantee's federal negotiated indirect cost rate, pursuant to its Negotiated Indirect Cost Rate Agreement (NICRA).
b) The 15 percent de minimis indirect cost rate specified in Part 200 of Title 2 of the Code of Federal Regulations.
c) A rate negotiated by the grantee with another state agency within the last five years. d) A rate proposed by the grantee in the grantee's program application with the administering state agency if the grantee does not have an existing state rate. e) Grantee can request an indirect cost rate of 15% to 20%. pg.11
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f) up to 15% of the total amount of direct grant funds provided to the grantee, minus equipment.
Applicants may request from CAL FIRE a higher indirect cost rate by providing additional justification as to why a higher indirect rate is needed as well as including appropriate documentation substantiating the basis of the higher indirect rate (e.g. a copy of a federally approved Negotiated Indirect Cost Rate Agreement, etc.). In no instances may the request exceed 20%. This shall apply to all entities, including University of California (UC) and California State University (CSU) entities. Grantee must retain documentation related to the determination of the grantee's indirect cost rate for audit purposes. Approval of the higher indirect rate is solely at CAL FIRE's discretion. Please refer to Appendix H
32. All educational materials and planning documents created and used for a Wildfire Prevention Grant project must be submitted to CAL FIRE. CAL FIRE may retain copies of these materials and utilize them for CAL FIRE's own purposes. Similarly, any Wildfire Prevention Grant project photos, videos, testimonials, or other similar information submitted to CAL FIRE throughout the performance of the project may be retained by CAL FIRE and utilized for CAL FIRE's own purposes.
33. Records in CAL FIRE's possession, including but not limited to application packages, Agreements, and grant project financial records, may be subject to public inspection or disclosure pursuant to the California Public Records Act.
34. Grantees should note that CAL FIRE will only serve in a lead agency capacity for activities related to its discretionary approval (i.e., grant-funded activities). In the circumstance where another public agency subsequently seeks to use a CAL FIRE- led Project Specific Analysis under the California Vegetation Treatment Program for CEQA compliance and there is no related discretionary approval required of CALFIRE, CAL FIRE would have no involvement, oversight, or other obligation in the approval, implementation, or documentation of that agency's actions.
PREVAILING WAGE REQUIREMENTS
CAL FIRE provides no opinion as to whether projects may be subject to prevailing wages. For determination for prevailing wages, please contact the Department of Industrial Relations (DIR) at DIR Prevailing Wage. It is the applicant's responsibility to budget for prevailing wages in their project cost when applicable.
Please Note: Beginning July 1, 2026, certain fuel reduction work, including but not limited to residential chipping, rural road fuel breaks, and fire breaks funded by the State will be subject to prevailing wage, record keeping, and registration requirements. (California Public Resources Code section 80200 et seq.). DIR has issued an Important Notice and FAQ related to the implementation of Public Resources Code Section 80200.
GREENHOUSE GAS (GHG) EMISSIONS REQUIREMENTS --------~~- -~----- Projects administered by CAL FIRE through the Forest Health, Wildfire Prevention, and Urban and Community Forestry Programs contribute to California's climate goals by reducing GHG emissions from wildfires, stabilizing long- term storage of carbon in biomass, and improving carbon sequestration in California's natural and working forests.
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In terms of direct emissions benefits, the objectives of the Wildfire Prevention Grants Program are to:
• Reduce GHG emissions from wildfire and prevent the need for cleanup and rebuilding of communities following destructive wildfire events
• Provide fire personnel with more opportunities to access the fire perimeter to extinguish fires more quickly, thereby reducing GHG emissions
• Encourage projects that result in smaller scale fires to reduce GHG emissions and reduce the carbon impact
• Improve health and resilience of treated areas for increased carbon sequestration • Improve public awareness and reduce human caused wildfire ignitions • Promote orderly growth and development through land use planning which helps to reduce GHG emissions
Eliminating wildfire starts, mitigating wildfires before they progress into wildland areas and communities, and facilitating firefighting efforts and safety all contribute to reduced wildfire emissions over time. The Wildfire Prevention Grants Program also includes support for planning, such as development of Community Wildfire Protection Plans, and education programs that promote fire- safe communities to capture the benefits and synergy of collective, community-wide efforts.
However, fuel reduction activities also release GHG emissions at the time of treatment, and CAL FIRE must balance emissions costs and benefits of the Wildfire Prevention and Forest Health Programs to comply with the law. Minimizing emissions of fuel treatment activities, using disposal methods other than open burning, and optimizing vegetation health options in the development of treatment prescriptions are important steps in project development to achieve balanced emissions costs and benefits.
PROPOSITION 4 REPORTING REQUIREMENTS
These Wildfire Prevention Grants are funded by Proposition 4 from the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. The funds are appropriated by the California Legislature to CAL FIRE, who is responsible for administering the funds.
Accountability and transparency are essential elements for Proposition 4. Full public disclosure is required to provide information on how administering agencies are investing appropriations and what benefits are being achieved from those investments. CAL FIRE is responsible for collecting project information and reporting.
For each grant project, grantees must submit reporting data to CAL FIRE on a quarterly basis. pg. B
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Ill. GRANT APPLICATION REVIEW AND EVALUATION FACTORS
REVIEW PROCESS
Applications will be reviewed by CAL FIRE. The application review involves three levels:
• Local-CAL FIRE Units and Contract Counties
• Regional - CAL FIRE Northern and Southern Regional Offices • Statewide - Statewide review team. The statewide review team will prepare a list of recommended projects and activities for consideration by the Director of CAL FIRE. The Director will make decisions on approved projects and activities, taking into consideration the recommendations of the statewide review team.
Emphasis at each level will be placed on projects and activities that address hazards that reduce potential risk from wildfire in and near communities. The department shall consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other wildfire prevention or forest health activities when awarding local assistance grants. Additionally, to the extent possible, a project or activity will not be selected if it conflicts or competes with another proposed or approved project
EVALUATION FACTORS (RANKING CRITERIA)
In evaluating applications, CAL FIRE is seeking information that allows it to consider the following factors:
1. The grant application clearly identifies the focus of the grant as Hazardous Fuels Reduction, Wildfire Prevention Planning, or Wildfire Prevention Education.
2. The project addresses hazards and risks from wildfire. a) The project includes Fire Hazard Severity Zone rankings and indicates areas and their relative proportion of Very High, High, and Moderate Fire Hazard Severity Zones as adopted by the State Fire Marshal and identified in the CAL FIRE map located at Fire Hazard Severity Zones. b) The proposed project is in or near a wildfire-threatened community and adequately describes how it will address the hazards and risks from wildfire. c) The project protects other assets of wildfire-threatened communities to maintain continuity of government operations and critical services. This includes, but is not limited to, fire, police, power, water, sewer, roads, or other critical facilities. If the project involves community infrastructure, it must explain how it will address the hazards and risks from wildfire to these assets.
3. The project is related to or part of one or more strategic plans or tree removal plan:
a) The project is included in or consistent with one or more of the following plans:
o CAL FIRE Unit Fire Plan, Contract County Fire Plan, Local Fire Plan, a CWPP, Community Evacuation Plan, tree removal plan, Fire Safe Council Action Plan, Firewise USA Community Wildfire Risk Assessment, Local Hazard Mitigation Plan, Safety Element plan, or other local plan (identified in Scope of Work) that addresses the hazards and risks from wildfire.
o Countywide CWPPs, or projects that develop or update countywide CWPPs, will receive additional priority due to their broader regional benefit and alignment with multi-jurisdictional wildfire risk reduction planning.
b) The project proposes to create, or update, a long-term fire hazard reduction planning document affecting or involving wildfire-threatened communities, such as, but not limited to, a CWPP or Community Evacuation Plan. A strategic planning document would include a Safety Element of a General Plan and a Local Hazard Mitigation Plan with elements for increasing safety for the public and first responders.
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c) The project removes hazardous trees in collaboration with other entities, other funding sources, or as part of a larger tree mortality project.
d) The project considers other projects, pending or past, in the Unit/Contract County. e) The project strategically advances the protection and preparedness of wildfire threatened communities across a region or the state, while increasing safety for the public and first responders.
4. The applicant has taken steps to reduce GHG emissions as much as possible, such as chipping or mulching removed vegetation, or disposing of material through biomass markets. The applicant is willing and able to provide project data as requested to calculate project emissions.
5. Community support/ meaningful and direct benefits exist. a} The project includes plans for external communications, such as planned press releases, project signage, community meetings or field tours that all, or in part, reach owners and residents in the project area.
b) letters of Support have been obtained.
c) letters of Commitment from partnering entities are submitted with the application. letters of commitment are required if grantee is utilizing the California or Certified Community Conservation Corps.
d) Please note that although matching funds are not required, the existence of matching funds is a positive factor.
e} The degree to which a project provides in-kind services and/or secured federal, state, private, or local cost share funding. Have non-monetary and/or funding resources of agencies and organizations that have been identified and secured.
6. There is an implementation plan in place.
a) The project includes a detailed timeline that addresses potential limitations and includes specific tasks and milestones to measure progress during implementation of the project. b} The project includes an accurate set of dJliverables that are measurable and attainable. c) The project is fully defined with metrics to measure progress and completion. This includes, but is not limited to, number of acres treated, number of parcels treated for fuel reduction for defensible space compliance, number of prevention plans created, or number of people reached in a public education project.
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7. The project budget and narrative are clear and reasonable. a) The proposed budget shows how grant funds will be spent by category. b) Costs and indirect costs are reasonable for the size, scope, and anticipated benefit of the proposed project.
c) For hazardous fuel reduction projects, the actual number of acres being treated is clearly defined.
8. There is demonstrated capacity to administer the grant. a) The applicant shows an acceptable amount of experience in administering grants. This is largely based on successfully administering other grant- funded projects/activities over the past five years. Project proponents having no previous experience with similar projects should discuss any past experiences that may help show capacity to successfully complete the proposed project. This may include partnering with a more experienced organization that can provide project support. b) Discuss successes and administration of previously awarded CAL FIRE grants or grants administered by the applicant for other granting entities.
9. Fire Risk Reduction Community List per Public Resources Code 4290.1 a) Public Resources Code 4124. 7 requires CAL FIRE to "prioritize local assistance grant funding applications" from local agencies based on the "Fire Risk Reduction Community List." b) The prioritization required in subdivision (a) of Public Resources Code 4124.7 shall not affect applications from entities that are not local agencies. c) Wildfire Prevention Grant applicants will receive priority for utilizing the funding to meet the List eligibility requirements.
d) Wildfire Prevention Grant applicants will also receive priority if the applicant is already on the List. e) Projects are selected on a competitive basis, and consecutive awards are not guaranteed. f) Applicants not eligible for the List are not precluded from receiving grant funds.
For more information about the Fire Risk Reduction Community List, please visit the Board of Forestry website
10. Use of the California Conservation Corps or Certified Community Conservation Corps. a) To the extent feasible, projects that include the use of the California Conservation Corps or a certified Community Conservation Corps, as defined in Section 14507.5 of the Public Resources Code, shall be given preference for receipt of a grant under this division (Pub. Resources Code, section 90150).
b) The application clearly identifies how corps services will be utilized, including the type of work to be performed, anticipated scope, and coordination required. c) If applicable, the applicant provides a Letter of Commitment from the California Conservation Corps or certified Community Conservation Corps confirming interest, availability, and proposed participation in the project.
APPLICATION PROCESS AND PROJECT ADMINISTRATION
Applicants should work with the local CAL FIRE Unit for guidance In developing project plans for your application. Find your localTunitTcontact•fist.pdf as listed by county. Building a relationship with the local CAL FIRE Unit enhances the potential for a successful application and grant award.
Applications not received by the deadline, not submitted In the CAL FIRE Grants Portal, or that do not adhere to the procedures in this guide, will not be accepted or considered. pg. 16
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STAGE 1 • PROJECT APPLICATION
Due July 08, 2026, at 3:00 PM Pacific Time
ELECTRONIC APPLICATION SUBMISSION IN THE CAL FIRE GRANTS PORTAL SOLICITATION LINK ON THE WP GRANTS WEBSITE AND IN THE WP GRANTS MAPPING CENTER PROJECT MAPPING PROGRAM:
The Grants Portal WP Grants solicitation link and a Grants Portal user guide can be found on the W ildfire Prevention Grants website.
Entities with more than one application should consider consolidating into just one application, especially if proposed project(s) are similar or share geographic locations. For additional assistance, work with your local CAL FIRE Unit coordinator or your region representatives.
Upload all documents related to your application to the Grants Portal no later than 3:00 PM Pacific Time ori July 08, 2026. Instructions on how to apply through the Grants Portal can be found in the Grants Portal Application Submittal User Guide.
The Grants Portal will issue a Project Tracking Number for each application.
Please use this file naming structure (Project Tracking Number plus document name) for attachments (if you have multiples of one file, please make it into a zip file) uploaded in the Grants Portal. Below is an example (the Grants Portal will assign the actual Project Tracking number that you will use):
• 25-WP-UUU-XXXXXXXX-STD 204.pdf
• 25-WP-UUU- XXXXXXXX-Letter of Support.pdf
• 25-WP-UUU- XXXXXXXX-Letter of Commitment.pdf
PROJECT MAPPING PROGRAM
In addition to the CAL FIRE Grants Portal application package, each applicant must submit online mapping in our WP Grants Mapping Center Project Mapping Program database. Submit your application in the Grants Portal first to obtain the auto-generated Project Tracking Number, which you will need for the mapping program. The online mapping submission consists of submitting a Geopoint for all project types. For Hazardous Fuels Reduction projects, you also will need to submit treatment area polygon(s). The instructions on how to draw and submit a Geopoint and Polygon in the Project Mapping Program can also be found at CAL FIRE WP Grants. There is a video and a quick reference guide with screenshots of the online mapping program. • Applications for Hazardous Fuel Reduction that do not include Treatment Area Polygon(s) in the Project Mapping Program will not be accepted.
• Applications for Wildfire Prevention Planning and Wildfire Prevention Education projects will submit a Geopoint only.
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Complete all documents accurately to avoid delays due to corrections and revisions prior to final approval. If revisions are necessary during Stage 2, then the revised documents will be used in the final grant agreement between the State and the grantee.
• Late submissions will be rejected. No exceptions. Late is defined as: after 3:00 PM Pacific Time on the due date according to the date stamp on the CAL FIRE Grants Portal. To avoid possible issues with the Grants Portal (such as internet connectivity and internet speed), applicants are highly encouraged to apply as early as possible.
• Please retain a copy of all documents uploaded to the CAL FIRE Grants Portal for your own records.
DISQUALIFICATION OF APPLICATION
CAL FIRE may consider an application inadequate and, therefore, disqualified from the selection process for several reasons. These may include, but are not limited to, the following:
• Application is not complete.
• Application contains significant inconsistencies with spatial data or project acres proposed for treatment. • The application is not submitted by an eligible applicant in the Grants Portal. • The project does not meet any of the other eligibility criteria outlined in the Grant Guidelines.
STAGE 2 - GRANT APPLICATION REVIEW AND SELECTION
Sacramento staff will review the project application packages for completeness and determine if the project meets the objectives of the program. Applications found to meet the initial criteria will continue in the multi-level review and selection process. '
Incomplete applications will be disqualified.
Notification of grants selected for funding will be sent to the applicant. The grant agreement package for successful grant applicants will be emailed after selection and will include any required grant agreement forms and instructions to proceed to Stage 3. The grant agreement template can be found online but may be subject to change prior to the execution of a final agreement.
2024 Standard Grant Terms and Conditions
STAGE 3 - GRANTS AWARDED
Awarded grant applicants shall review and return original signed agreements, and any additional information required, following the instructions provided in the correspondence. Grant agreement packages not completed or received by the agreement deadline may not be eligible for funding.
STAGE 4-COMPLETED GRANT AGREEMENTS
Once the grant agreement is received and signed by the State Fire Marshal or designee, the approval process is complete. All agreements must be signed and submitted per deadlines established by CAL FIRE. pg. 18
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A CAL FIRE designee will be named as the designated contact. The CAL FIRE designee will work with the Region Program Manager on any grant project issues.
The CAL FIRE designee will conduct periodic and final inspections to ensure compliance with the project plan and environmental rules and regulations. All project messaging and documents must be approved by CAL FIRE.
CAL FIRE may perform an audit at any time during or upon completion of the project as described in this guide under "State Audit."
Grant Termination Date: All project and activity work related to the grant must be completed by the project completion date identified in the executed grant agreement.
PROJECT AMENDMENTS, MODIFICATIONS, AND TERMINATIONS
Before work on the project begins, a Grant Agreement may be terminated by CAL FIRE or the grantee upon 30 days advanced written notice to the other party. After work begins on the Project, termination may occur: (1) if CAL FIRE and the grantee mutually agree to terminate the agreement; (2) if the State determines Grantee has made a material misrepresentation, violated this Agreement, failed to fulfill its obligations under this Agreement, or otherwise determines there is cause to do so; or (3) if the State gives 30-days written notice of termination to Grantee.
Once a Grant Agreement has been signed, it may only be amended with advanced written consent of both CAL FIRE and the grantee. Any amendment requests, including the ability to extend the project timeline, where permissible, must be submitted to CAL FIRE sixty (60) days before the agreement end date using the Grants Portal system. CAL FIRE reserves the right to waive the sixty (60) days in extenuating circumstances. I A grantee wishing to change the scope or budget of an approved project at any stage shall submit the proposed change in writing, on entity letterhead, to CAL FIRE for review. Any change must be consistent with the need cited in the original application and authorizing legislation. Any modification or alteration to the grant agreement on file must be submitted to the State for review and may require a new signed amended agreement. Any reduction in the actual number of acres being treated in a hazardous fuel reduction grant may result in a corresponding reduction of the grant award
ACCOUNTING REQUIREMENTS
The grantee shall maintain an accounting system that follows Generally Accepted Accounting Principles. The accounting system must accurately reflect fiscal transactions, using the necessary controls and safeguards. This system shatl provide an adequate audit trail, including original source documents such as receipts, progress payments, invoices, purchase orders, timecards, canceled checks, etc. Please redact account numbers and personal identifying information before submitting invoices. The system shall also provide accounting data so the total cost of each individual project can be readily determined. CAL FIRE may request records and documentation at any time. These records shall be retained by the grantee for a period of three years after final payment is made by the State or one year after final disposition of any disputed audit findings, whichever occurs later, unless it is the grantee's policy to retain records for a longer duration. Avoid audit exceptions - keep accurate records. pg. 19
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LOSS OF FUNDING
The following are examples of actions that may result in a grantee's loss of funding:
• Grantee withdraws from or fails to complete the funded project (in substantial conformance with the Agreement).
• Grantee fails to submit all required documentation within the time periods specified in the grant agreement.
• Grantee fails to submit evidence of CEQA or NEPA compliance within 12 months of the execution of the agreement as specified by the grant agreement.
• Grantee changes the project scope without the approval of the State. • Grantee or the State terminates the project in accordance with the terms and conditions in the grant agreement.
• Grantee engages in activities that would lead to the project not achieving GHG emissions reductions. • Grantee or anyone acting on behalf of Grantee shall not engage in fraud, waste, or the abuse of Grant Funds in violation of California Penal Code section 424 et seq. Grantee shall cooperate in any investigation of such activities that are suspected in connection with this Agreement. • Recipients of Grant Funds shall receive no more than the fair market value of an arm's length transaction for any goods or services provided under this Agreement. Grantee shall provide evidence to the State upon request of compliance with this Section 11.e. Violation of this Section 11.e. will result in a violation of California Penal Code section 424, subd. a.
PROPOSITION 4 INDIRECT COST RATES
For grants awarded for projects under Proposition 4, Wildfire Prevention Grants will reimburse the grantee's indirect costs. The grantee may request one of the following indirect cost rates:
• The grantee's federal negotiated indirect cost rate, pursuant to its Negotiated Indirect Cost Rate Agreement (NICRA).
• The 15 percent de minim is indirect cost rate specified in Part 200 of Title 2 of the Code of Federal Regulations.
• A rate negotiated by the grantee with another state agency within the last five years.
In the event of an audit, projects with budgets that include administrative costs must be abte to document the appropriateness of these expenses. If the applicant does not have an existing NICRA, a typical method for documentation of administrative overhead expenses is a Cost Allocation Plan (CAP). A CAP is a formal accounting plan used to calculate and document the method for recovering overhead costs. The CAL FIRE strongly recommends that grantees consult with an accounting professional to develop an appropriate method for calculating the overhead rate and prepare a CAP.
pg. 20
256
PROJECT COSTS
Project costs must be consistent with the approved project and incurred during the performance period as specified in the grant agreement.
Budget Item
alaries and Wages
(Grantee Only)
Benefits (Grantee
nly)
ntractual
Eligible Cost Required Documentation
alaries and wages of employees employed by the payroll summary of all employees' time rantee who are DIRECTLY engaged in the execution of pent on the project must be provided with he grant project. Limited to actual time spent on the ·nvoices requesting salary/wage rant project. Leave benefits (i.e., sick leave, vacation, eimbursement. Payroll documentation tc.) that are consistent with the grantee's leave hould show a nexus between time worked enefit policy may be charged to the grant in n the project and wages paid to the roportion to the percentage of time worked on the mployee after the fact. Timesheets or similar rant within the pay period. Examples of expenditures ocumentation detailing days and hours 'nclude time-related to site visits and project orked on the project must be maintained onitoring and completion of reporting related to the nd retained by the grantee for audit rant project. Staff time related to accounting, urposes but should not be submitted to CAL usiness services, etc. are allowed only if those FIRE unless otherwise instructed. Any leave unctions are not included in the grantee's overhead harged to the grant must reflect the ost. alculation of time spent on the grant
Employer contribution share offringe benefits
ssociated with employees (paid from salaries and
ages Budget Item) who are directly engaged in the
xecution of the grant project, This will include Social ecurity, Medicare, Health Insurance, Pension Plan
osts, Payroll taxes, etc. as applicable for the specific mployee.
ompared to overall time worked. A
tatement certifying that leave charged to the
rant is in proportion to employee's time
pent must be included as part of the
upporting documentation. All salary and
ages charged to the grant must tie back to
he grantee's accounting records.
ame documentation as Salaries and Wages,
Payroll summary documentation showing
ages and hours paid to employee and
ssociated fringe benefits. Back-up
ocumentation to be retained by grantee for
udit records.
irect consultant and contractual services necessary to Invoices from Consultant/Contractor chieve the objectives of the grant. Examples of dentifying expenditure, services performed, ontractual costs will be RPF supervision/certification, nd period of services. When reporting acres, rofessional/consultant services (the costs of ontractor invoices must identify when and onsultant services necessary for project planning and here the acres were treated. Documents mplementation), Wildfire Prevention contractor, etc. elated to consultant/contractor selection Procurement of contractual services should be nalysis must be kept by the grantee and ocumented to ensure selection on a competitive basis ade available for audit purposes, upon nd documentation of price analysis. equest. Use of california Conservation Corps r certified community conservation corps is
xempt from competitive selection.
pg. 21
257
lrravel (Grantee Travel costs associated with travel to and from project Receipts identifying travel costs (i.e., lodging, ~ nly) sites, meetings, etc. directly related to the grant rental cars). Mileage must be documented by project and must be considered reasonable and ~ither employee travel claims that are signed necessary for the completion of the project. Per diem ~Y the employee or vehicle mileage logs for shall not exceed the California Standard Per Diem Rate ~ehicles owned by the grantee. Per Diem allowable by the U.S.~G~neral Se,:yices AdroiniWation. imust be documented by emplovee travel Mileage rates shall not exceed the.mM allowable by ~laims. ,he Internal Revenue Service (IRS).
pg. 22
258
Budget Item
upplies (Grantee
nly)
upplies that are used in the direct support of the
reject are allowable. Supplies exceeding. $1,000 per
nit cost shall be documented to ensure procurement
f supplies on a competitive basis and documentation
f price analysis.
ny technology must be identified and pre-approved
y CAL FIRE. Supplies include items under $10,000 per
nit cost. (e.g., chainsaws etc.) All food costs must be re- approved and explicitly listed in the Scope of
ork, Budget, and Budget narrative in order to be
onsidered an eli ible cost.
Equipment (Grantee Equipment is an item of $10,000 or more per unit cost nly) nd has a tangible useful life of more than one year. ther (Grantee
nly)
urchase of equipment may not exceed $750,000 and
ust be owned by the grantee. The cost to lease
uipment to use in the grant project may be charged
o the grant but listed under the 'Other' budget
ategory. A cost-benefit analysis to justify the cost of -urchasing equipment versus leasing must be
dentified in the scope of work. Procurement of
quipment must be done on a competitive basis and
nclude documentation of price analysis.
he grantee must include in the application package
he proposed use and maintenance plans for
-quipment after the performance period of the grant.
Disposition of equipment beyond the project
performance period is subject to CAL FIRE approval. If
rantee fails to complete grant or dissolves during
rant, grantee must dispose of the equipment in
ccordance with an equipment disposition plan that is
pproved by CAL FIRE in advance. Equipment
purchased using grant funds can not be used as
ollateral, financed, or sold without written approval
rom the State at its discretion.
ther costs that do not flt in any of the above
tegories. The cost must be directly related to the
rant project. A cost (such as rent, utilities, phones,
-eneral office supplies, etc.) that must be apportioned o the grant is considered indirect cost unless written
ustiflcation Is submitted and approved by CAL FIRE.
se of equipment owned by the grantee may be
harged to the grant at a rate set by the California
epartment of Transportation Labor Surcharge a!!5!.
uj _me_ot 81!_ota_l Rat1! G_u·de. Example, grantee has a ental rate in Other for equipment and Fuel in Supplies
or said equipment. As per the Cal-Trans guideline, fuel s calculated and accounted for In the rate.
equired Documentation
eceipts identifying item purchased, cost, and
1 ate of purchase. Documentation related to
rice analysis of procurement of supplies
xceeding $1,000 must be kept by the
rantee and made available for audit
urposes upon request.
ost of equipment purchased shall be
ubstantiated by purchase receipt and a bid
uote worksheet at the time of lnvolcing. All
ocumentation related to price analysis of
rocurement of equipment must be kept by
he grantee and made available for audit
urposes, upon request. Disposition of the
uipment must be submitted and approved
y CAL FIRE every two years upon completion
f the project until notified in writing by CAL
IRE that reporting is no longer required.
• nvoices or receipts identifying the Item and
ost charged to the grant. Cost of leased
quipment charged to the grant must be
-ubstantiated with receipts identifying
quipment leased, dates equipment was
eased, lease rate and total cost. Use of
rantee equipment must be substantiated
ith an equipment usage log that identifies
he equipment used, rate, and total rental
ost.
pg. 23
259
Budget Item Eligible Cost Required Documentation
Indirect Costs Indirect Costs are costs associated with doing Applied on a percentage (%) basis on direct (Grantee Only) business that are of a general nature and are incurred [Costs except for equipment. Documentation .o benefit two or more functions within the grantee related to the determination of the grantee's organization. These costs are not usually identified indirect cost rate must be retained by the specifically in the grant agreement, project, or activity, ~rantee and made available upon request for but are necessary for the general operation of the ~udit purposes. organization. Examples include salaries and benefits of employees not directly assigned to a project; functions such as personnel, accounting, budgeting, audits,
business services, Information technology, janitorial,
and rent, utilities, supplies, etc. Functions included as direct versus indirect costs must be applied
onslstently for all activities within the Grantee
organization, regardless offund source. For grants
awarded for projects under Proposition 4, Wildfire
Prevention Grants will reimburse the grantee's Indirect ,.osts. The grantee may request one of the following
ndirect cost rates:
The grantee's federal negotiated Indirect cost rate,
pursuant to its Negotiated Indirect Cost Rate
Agreement (NICRA).
The 15 percent de mini mis indirect cost rate specified in Part 200 ofTitle 2 of the Code of Federal
Regulations.
A rate negotiated by the grantee with another state
agency within the last five years.
A rate proposed by the grantee in the grantee's
program application with the administering state
agency if the grantee does not have an existing state
rate.
Grantee can request an indirect cost rate of 15% to
20%.
pg. 24
260
PAYMENT OF GRANT FUNDS
Funds will be disbursed only when there is a fully executed grant agreement between CAL FIRE and the grantee.
An agreement is considered fully executed upon signature and approval by the State Fire Marshal or designee. All payments are made on a reimbursement basis, except in cases where CAL FIRE authorizes advance payments. (i.e., the grantee is invoiced for services, products, or supplies; invoices CAL FIRE for same; and is reimbursed by the State upon approval of the invoice). No work prior to or after the grant period will be reimbursable.
CAL FIRE has the legal right to conduct a spot inspection to verify that work invoiced has been satisfactorily completed. If a financial report is incomplete or non-reimbursable, it will be returned to the grantee.
STATE CONFLICT OF INTEREST LAWS
All applicants, individuals who participate in the review of submitted Project Proposals, and grantees are subject to state and federal conflict-of-interest laws. Applicable statutes include, but are not limited to, California Government Code section 1090 and Public Contract Code sections 10365.5, 10410, and 10411. These statutes include, but are not limited to, prohibitions on the following conduct:
a) Current State Officers or Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.
b} Former State Officers or Employees: For the two-year period from the date he or she left State employment, no former stkte officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
Any individual who has participated in planning or setting priorities for a specific grant solicitation over and above the public comment process or who will participate in any part of the grant development and negotiation process on behalf of the State is ineligible to receive funds or personally benefit from funds through that solicitation.
Failure to comply with conflict-of-interest laws, including business and financial disclosure provisions, will result in the Project Proposal being rejected or any grant agreement made in violation of the conflict-of-interest laws being declared void. CAL FIRE may request additional documentation during the performance of the grant, including review of financial progress reporting, or during State Audit to verify that a conflict of interest does not exist.
Other legal actions may also be taken.
If an applicant has any questions about compliance with conflicts of interest laws, the applicant should consult the California Fair Political Practices Commission or a qualified attorney. 25 261
CAL FIRE may require Grantee to establish conflict-of-interest policies and procedures and maintain adequate controls to ensure that the grantee or anyone acting on behalf of the grantee does not have any conflicting personal or financial interest associated with activities funded by the grant project. CAL FIRE may request additional documentation during the performance of the grant, including during review of financial or progress reporting, or during State Audit to verify that a conflict of interest does not exist.
Private Benefit Prohibited
Grantee will not be reimbursed for any costs that exceed the fair market value of an "arm's length" transaction for goods or services rendered in furtherance of the grant project.
An "arm's length" transaction exists where the parties have an adverse (or opposing) interest. For example, a seller wants to sell his goods at the highest possible price, while a buyer wants to buy at the lowest possible price.
These are adverse interests. In negotiating with a person, an adverse interest is assumed if that person is otherwise unrelated to you in the sense of not being in a position to exercise substantial influence over you or your affairs. If the person is in a position to exercise substantial influence over your affairs, then an arm's length standard requires additional precautions to eliminate the effect of the relationship. Using a conflict-of-interest policy, information about comparable transactions between unrelated parties, and reliable methods for evaluating the transaction, are examples of precautions that would help make the negotiation process equivalent to one between unrelated persons.
Fair market value is the price at which goods, services, or property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy, sell, or transfer the goods, services, or property, and both having reasonable knowledge of relevant facts.
Grant recipients must avoid or scrutinize transactions that exhibit signs of actual or possible conflicts-of-interests and should avoid even the appearance of conflicts. The appearance of a conflict of interest occurs when a person in a position of authority over an organization, such as a director, officer, or manager, may benefit personally from a decision he or she could makt
Conflict-of-interest red flags may also include organizations that engage in transactions that are less than "arm's length" indicating there may be a bargain or gift element, such as transactions with friends and relatives, or receiving gifts from contractors. In addition, transactions with organizations that have several employees or Board members who are personally or professionally related should be highly scrutinized.
ADVANCE PAYMENTS
In accordance with Public Resources Code section 4124.5, or other applicable statutory authority, advance payments may be considered for non-profit organizations, local agencies, Resource Conservation Districts, special districts, and Native American tribes. Advance payments are solely at CAL FIRE's discretion and eligibility and may be subject to change. An advance request form must be submitted identifying how funds may be used over a sixmonth period.
Advance payments must be deposited into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any interest earned on advance payment funds must be accounted for as project income and used toward offsetting the project cost or returned to the STATE. Refer to Appendix Kon calculations and supporting documentation for interest income. All other advance payment requests shall not exceed 25% of the total grant award.
26 262
Advances must be fully utilized within a six-month period unless additional time has been requested and is approved by CAL FIRE.
Additional advances may not be requested until acceptable documentation is received that the previous advance has been fully liquidated on eligible expenses. In addition, an accountability report must be submitted to CAL FIRE every four months upon receipt of funds until funds have been fully liquidated.
CAL FIRE processes for approving and managing grant advances are subject to change.
STATE AUDIT ---------------------------------~---'
Projects may be audited at any time during the project performance period and for three years after final payment by the State.
The purpose of an audit is to verify compliance with governing criteria requirements, confirm that expenditures are appropriate and accurately charged, and identify opportunities to improve the effectiveness, efficiency, accountability, and transparency of the grant program.
When project(s) are selected for audit, the grantee must immediately locate and preserve all records that may be related to the funded project(s). This mandatory hold prohibits the destruction, deletion, or alteration of any potentially relevant information including, but not limited to, emails, texts, photographs, computer files, notes, correspondence, and other documentation. Records must be organized, secured, and readily accessible. Because relevant information may exist across multiple locations and devices, the grantee must take reasonable steps to identify and retain all materials in their possession and those held by employees, contractors, and consultants.
This includes data stored on computers, servers, mobile devices, external drives, cloud storage, and backup media. The grantee must also notify all associated personnel of their obligation to preserve records.
The grantee shall provide the State of California, CAL FIRE, and/or any other entity designated by the State with unrestricted access to all functions, data, records, information, physical property, and personnel that are related to administration of the grant and necessary to perform the audit. All such records and materials shall be made available at reasonable times for auditing purposes.
If the audit reveals the grantee failed to comply with the terms and conditions of the grant agreement, or if there are concerns regarding the integrity or management of the project(s). To protect public funds, potential remedies may include, but are not limited to, suspension of project activities, withholding payments, disallowing unallowable or unsupported costs, recovery of funds, terminating the grant, deeming the grantee ineligible for future funding, and making investigative referrals when warranted.
Grantees must retain source documents for all grant-related expenditures for at least three (3) years after final payment by the State, or one year after an audit is completed, whichever is later, unless a longer retention period is required by the grantee's internal policies.
27 263
IV. EXPLANATION OF TERMS
TERM EXPLANATION
Agreement A legally binding agreement between the State and another entity.
Amendment A formal modification or a material change of the Agreement, such as terms, cost, budget, or scope of work.
Applicant The entity who has applied requested grant funds.
Appllcatlon The form identified by CAL FIRE as the document to be submitted by an applicant requesting grant funds, and its required supporting attachments, as required by the enabling legislation I orpr<>l!ram.
Appropriation A legislative budget authorization from a specific fund to a specific agency or program to make expenditures or fncur obligations for a specific purpose and period.
Authorized The designated person or position identified by the Grantee as the agent to sign all required Representative grant documents including, but not limited to, grant agreements, Application forms, and payment req uests.
CEQA The California Environmental Quality Act, as stated in the PRC 21000 et sq.; Title 14 California Code of Regulations (CCR) 15000 et seq., CEQA is a law establishing policies and procedures that require agencies to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur because of the agencv's proposed Project.
Consultant Services Services which provide a recommended course of action or personal expertise, such as accounting or a Registered Professional Forester (RPF).
Contractor An entity contracting with the grantee for services and generally receives a Form 1099 for tax purposes.
Disadvantaged means a community with a median household income of less than 80 percent of the area Community (DAC) average or less than 80 percent of statewide median household income consistent with Public Resources Code section 90100. OisJtd\lantaJ1ed _ _Co_mmunities MaooinJl Tool.
DlredCosts Expenses of doing business that are directly attributable to the Project. Examples of direct costs are salaries and benefits of employees directly associated with a Project or expenses of items used directly by the Project.
Employee Individuals employed directly by the grantee and who generally receive a W-2 for tax purposes.
Encumbrance A commitment of funds guaranteeing a source of payment for a specific Agreement.
Execution of an The act of signing an Agreement, which provides a legal basis for required performance by Mreement parties to the Agreement.
Grantee The entity that has an executed grant agreement for the award of grant funds. 28 264
Indirect Costs Expenses of doing business that are of a general nature and are incurred to benefit at least two or more functions within an organization. These costs are not usually identified specifically with a grant, grant agreement, Project, or activity, but are necessary for the general operation of the organization. Examples of Indirect Costs include salaries and benefits of employees not directly assigned to a Project; functions, such as personnel, business services, information technology, janitorial, and rent, utilities, supplies, etc. Indirect Costs may be referred to as overhead or administrative costs.
Informal Amendment An agreement modification is an informal agreement Informal amendment that moves dollars in the line item and task budgets not to exceed 10% of total grant amount; changes deliverable due dates or makes a minor change in the work in accordance with the intent of the legislation. It does n ot require a formal amendment of the grant agreement. See the modifications section for further requirements.
Non-profit Organization Any california corporation organized under Sections 501(c)(3) of the Federal Internal Revenue Code. A letter of determination certifying non-profit status will be required prior to Project approval.
Operating Expenses (Direct Costs) Any cost that can be specifically identified as generated by and in accordance with the provisions or activity requirements of the grant agreement.
Payee Data Record (Std. 204) Form Std. 204, "Payee Data Record" Is required for all grant recipients. The form must be submitted to establish a vendor number for payment and to have funds encumbered.
Personnel Services This budgeted amount includes salaries and benefits for wage-earning personnel employed by the
grantee/contractor (not a subcontractor) and working on the Project.
Program Income Income that is generated directly by Grantee's performance of the Project, including any interest earned on Advance Payments.
Project Performance Period The period during which the Project Scope of Work costs may be incurred, and the work described fn the Project Scope of Work must be completed, billed, and paid for by the State. Only eligible costs incurred during the Project Performance Period will be paid.
Project The term "Project" means the activity or work to be accomplished utilizing grant funds and match (if applicable).
Project Scope of Work The term "Project Scope of Work" defines the individual scope of work or activity describing In detail the proposed tasks identified, as described in enabling legislation and in the grant agreement.
Project Budget Narrative The term "Project Budget Narrative" defines the proposed detailed budget plan.
Resolution The purpose of a resolution by a grantee's governing body is to allow the entity to sign Agreements and amendments for a specific project, i.e., it allows the designated entity to enter into an agreement with the State of California, and it designates someone to sign on behalf of the grantee's governing board. A signed resolution can be submitted at the time the signed grant agreements are returned to CAL FIRE's Grants Management Unit, Sacramento Headquarters.
Severely Disadvantaged A community with a median household Income of less than 60 percent of the area Community average or less than 60 percent of statewide median household income consistent with Public Resources Code section 90100. Disadvantaged Communities Mapping Tool.
Vulnerable population A subgroup of the population within a region or community that faces a disproportionately heightened risk or Increased sensitivity to the impacts of climate change and that lacks adequate resources to cope with, adapt to, or recover from such impacts with Public Resources Code Section 90100.
29 265
PROP4TOOLS
Multiple tools are available to understand climate vulnerability in California, including:
• Defining Vulnerable Communjties in The Context Of Climate Adaptation • Vulnerable Communities Platform
• Climate Change & Health Vulnerability Indicators for Californla • California Wildfire Smoke and Air Pollution Health Burden Magping Das_hboaJd • Fire Hazard Severity Zones {FHSZ) Maps
• Native American Contact List
V. APPENDICES
Appendix A: Environmental Compliance for CAL FIRE Projects (CEQA) Appendix B: Sample Resolution (not required)
Appendix C: Invoice
Appendix D: State of California Standard Required Forms Appendix E: CalMAPPER (Awarded Grants Only)
Appendix F: Low-Income and Disadvantaged Communities Appendix G: PDF Project Map Appendix H: Justification for indirect rate above 15% and supporting documentation Appendix I: Application Package Appendix J: Additional Resources APPENDIX A- ENVIRONMENTAL COMPLIANCE FOR CAL FIRE PROJECTS ---~---~------' NOTE: Grantee must submit proof of California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) compliance within one year of the execution of the grant agreement, unless a longer period is approved by CAL FIRE. To ensure this occurs in a timely manner, the grantee should contact the Department of Forestry and Fire Protection (CAL FIRE) Local Unit Contact as soon as possible after receiving the executed Grant Agreement.
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE
Project work involving Federal actions must comply with NEPA.
Regardless of jurisdiction, CEQA Compliance is required when using Wildfire Prevention grant funds. For Federal jurisdictions that meet the requirements of Public Resources Code (PRC) section 4799.0S(d)(l), a CEQA notice of exemption will need to be filed. This means that prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under NEPA may not need additional analysis and would be statutorily exempt from CEQA. See Item #5 below.
266
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Within one year of the execution of the grant agreement and prior to commencing any work that could impact the environment, CAL FIRE requires proof of adequate compliance with CEQA. This may be accomplished by one or more of the following methods:
a) Notice of exemption filed with the State Clearinghouse and, if required, the county clerk. Note that PRC§ 21159.27 prohibits a project from being divided into smaller projects to qualify for one or more exemptions.
b) Initial study and negative declaration or mitigated negative declaration and all associated noticing documents filed with the State Clearinghouse and the county clerk. c) Draft and final environmental impact report and all associated noticing documents flied with the State Clearinghouse and the county clerk.
A map(s) showing the grant project boundary overlaid with the CEQA project boundary and identifying all treatment types. Maps must contain a legend defining all components, a datum point, a north arrow, and a bar scale. Including shapefiles identifying the "treatment" area surveyed where activities will be conducted during the grant period. d) Timber harvesting permit or notice in compliance with the California Forest Practice Act and Rules for projects that undertake timber operations per PRC§ 4527. Note that use of timber harvest documents for CEQA compliance in the absence of timber operations is not appropriate, as the Forest Practice Act and Rules do not apply in these circumstances. Applicants that will be utilizing timber harvest documents for CEQA compliance should identify within the harvest documents that they are receiving CAL FIRE grant funding.
e) Finding of no significant impact-decision notice, categorical exclusion- decision memo, or environmental impact statement-record of decision prepared in compliance with the NEPA for projects that are exempt from CEQA pursuant to PRC§ 4799.05(d)(l), When using a NEPA document, per PRC§ 4799.05(d)(4)(A), a CEQA notice of exemption needs to be filed with the State Clearinghouse and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency will also need to post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 are available for public review.
f) For activities proposed under a Program Environmental Impact Report (PEIR} (CEQA Guidelines §15168), like the California Vegetation Treatment Program (CalVTP), the PEIR, one of the following must be provided:
• A checklist or similar evaluation tool (like a Project Specific Analysis (PSA) for the CalVTP} demonstrating that site-specific impacts were considered and that applicable mitigation measures from the Program EIR are incorporated; or
• An Initial Study leading to a Negative Declaration, Mitigated Negative Declaration, or subsequent EIR if new effects not addressed in the Program EIR would occur; or • Documentation that the activity is within the scope of the Program EIR, supported by substantial evidence in the record; or
• Other documentation showing compliance with CEQA Guidelines §§15162-15164 regarding subsequent, supplemental, or addendum analysis. 31 267
For exempt projects where the grantee is a public agency, the grantee must prepare and file the notice of exemption for an exempt project. For exempt projects where the grantee is not a public agency {e.g., Fire Safe Council), CAL FIRE, or another public agency will be responsible for preparing and filing the notice of exemption.
For non-exempt projects where the grantee is a public agency, the grantee will assume the role of lead agency.
For non-exempt projects where the grantee is not a public agency {e.g., Fire Safe Council), CAL FIRE or another public agency will need to assume the role of lead agency. The lead agency is responsible for: {a) performing the necessary environmental effects analysis; (b) preparing environmental documents; and (c) filing associated notices.
The lead agency may require the grantee to prepare, or retain a consultant to prepare, the environmental documents required for demonstrating adequate compliance with CEQA. When CAL FIRE is the lead agency, the grantee must work closely with CAL FIRE staff to ensure the environmental documents reflect CAL FIRE's independent judgment.
When CAL FIRE is not the lead agency and an environmental impact report ("EIR"), negative declaration or mitigated negative declaration ("ND/MND") has been, or will be, prepared, CAL FIRE will assume the responsible agency role and review an approved environmental analysis by the lead agency, make an independent judgement about the environmental impacts analyzed, and file a Notice of Determination ("NOD") with the State Clearinghouse.
NOTE: Pursuant to CEQA Guidelines section 15096, the lead agency may be responsible for consulting with CAL FIRE and other responsible agencies before making its determination regarding the project's potential impacts and the level of CEQA review required.
If a lead agency determines a project is exempt from CEQA and files a Notice of Exemption (NOE), CAL FIRE, as a responsible agency, must still ensure that its own discretionary decision (funding the project) complies with CEQA.
CAL FIRE will review the exemption and supporting materials to confirm that grant-funded project activities are within the scope cited in the exemption and, if a categorical exemption is used, that no exceptions to the exemption apply. CAL FIRE may request additional documentati6n or analysis from the grantee to verify that the grant project qualifies for the exemption.
If CAL FIRE determines a CEQA document utilized by another lead agency does not adequately cover all grantfunded project activities or otherwise does not comply with the requirements of the law applicable to CAL FIRE's decision to award grant funding, the grantee may need to do additional environmental analysis to receive environmental compliance approval.
CAL FIRE will review the project, its CEQA documentation, and supporting materials to ensure that potential significant environmental impacts of all grant-funded activities, including by type and location, have been adequately addressed. CAL FIRE may request additional information to determine that CEQA documentation adequately evaluates the environmental impacts of all grant-funded activities. The grantee must plan accordingly and allow sufficient time for CAL FIRE to complete its review, recognizing that timelines may vary based on the complexity of the CEQA documents, the presence of sensitive natural or cultural resources, and the overall scope of the project. Grant Activities that could affect the environment cannot begin without written environmental compliance approval from CAL FIRE to the grantee.
Grantees should ensure they ask for adequate funds for environmental work when applying for grants. When preparing their budgets, grantees should consider the need to contract with appropriate resource professionals to do the necessary environmental effects assessment and document preparation work. This may include biologists, professional archaeologists, air quality experts, registered professional foresters, environmental planners, etc. 32 268
For all environmental documents where CAL FIRE is the lead agency, except timber harvesting permits or notices, cultural resources must be assessed per the procedures outlined in Cultural Resources Review Procedures for CAL FIRE Projects. This may require the grantee to consult with the appropriate CAL FIRE archaeologist to determine If impacts to cultural resources are possible and what, if any, assessment or mitigation work will have to be done. This consultation should be done as early in the planning process as possible.
NOTE: Per CAL FIRE's procedures, a CAL FIRE Certified Archaeological Surveyor certificate can only be used when CAL FIRE is the lead agency for CEQA. This means that when a grantee or another public agency assumes the role of lead agency, the grantee CANNOT use a CAL FIRE Certified Archaeological Surveyor certificate to obtain records from the California Historical Resources Information System (CHRIS).
CAL FIRE must review all environmental documents and associated notices for adequate compliance with applicable procedures and CEOA.
"Public agency'' includes the following:
• PRC§ 21062. "Local agency'' means any public agency other than a state agency, board, or commission.
For purposes of this division redevelopment agency and a local agency formation commission are local agencies, and neither is a state agency, board, or commission. • PRC § 21063. "Public agency'' includes any state agency, board, or commission, any county, city and county, city, regional agency, public district, redevelopment agency, or other political subdivision. • 14 CCR§ 15368 "Local agency'' means any public agency other than a state agency, board, or commission.
Local agency includes but is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies, local agency formation commissions, and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency.
• 14 CCR§ 15379 "Public agency'' includes any state agency, board, or commission and any local or regional I agency, as defined in these Guidelines. It does not include the courts of the state. This term does not include agencies of the federal government.
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APPENDIX B - SAMPLE RESOLUTION (NOT REQUIRED)
RESOLUTION OF THI (Tlll,E OF CO\'DlNINGBODY/Cfn'
COUNCIL/BOARD OF SUPDlVISOR/BOARD OF DIRECTORS) OF
(CITY/COUNTY/DISTIUCT), ST ATE OF CALIFORNIA
lwohmoa Number. __ _
WHEREAS,
~
the Go\-mior oftbe Sble ofCufomg iD ~ "-itb the~ St2fe Le~ bas eaaded St2fe of ~ Ln...-t, which pro,,-ideo funds to tbe Stm ofeahimm and ib political mbdn."WOlll for fin p-lio■ progrum; md
\\'HEREAS, the Sat• Department of fOftStly and Fin Protectian (CAL FIRE) bu been doloph!d tha l1!5polllibility for tbe administnticm of the progr.am 1,1,'ithin the St2fe, ~ up m«~wy ~ gm,mimg ~011 by low agencies, 110D-J110fit orpn1Rfions, and others Ul1dlr the pognm, and
am~ the appliant will mlll' inlD ID~ \\-ith the Sate of Califomia to cmy out (PROJECT Till.E} projtct; NOW, THEREFORE, BE IT RESOLVED that the (GOVl!IOONG BODY}:
l. Appv,.-.d the filing af ID applicmoa Im "Califonua Ctim.ata Im-..tawab Wild&... Pn.'Ultioll Grub lln:nm"; md
2. Certilm tut pie! :qiplli,mt ha! or will Im."' rufllcie.nt fmuls to open:11! and maim.in th,, project; ;uxl, J. Catifiu tut t\mds Ulldor the jurudidiou of (GOVERNING BODY) are anibble to 'begm tho proJec:t
4. Cntifi.s tmt uid app&ml "ill npmd grmt funds prior to (GRANT DEADLINE). s.
I
Appoillb (J'OSmON TITLE) or~ de!.i;net, to c:oaduct .n ~ aucu1,i .md submit all documents includm;, but not limited to apphcallcm, agnements, amendmenh, payment rtqUeSts omd so oa, \\iuch Im)" be~-for the completion of the afonmumtioaed pn>Jec:l
The fattgoillg resolution wu approved md adopted tbe __ my of ____ ~ 20_ b)· the follOWUJI vote:
NOES·
ABSE!-1-rs.
--CERTIFICATION or RlSOLUTION-- - 111:un •~r• 111 t111u ,tt,Hh) :uu•u 11u ,-er•>• si .epJ,U•\IJ • 1S ;\TIEST:
Title
'---------~ (POSITION Tl1U!) oflbe (GOVERNING BOD\), n-itness my band or the seal oftbe (GOVERNING BODY} 011 lbe __ my of ___ ~ 20_ .
S1~ture
Tille
omCALSEALOR
NOTARY CERTIFICATION
(If Appbc.able)
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APPENDIX C - INVOICE
INVOICE GUIDELINES
It is preferred, but is not required, that grantees use the invoice template posted on the CAL FIRE Grants website. Due to differences in accounting systems used by the grantee, the grantee must include the following elements when submitting a payment request, either on the grantee's invoice or as an attachment to the invoice.
If a grantee chooses to use their invoice in lieu of the invoice template provided, the invoice must be put on grantee's official letterhead.
1. The word "Invoice" shall appear at the top of the page.
2. Grantee Information - Includes the grantee name and address which shall match the Std. 204 - Payee Data Record submitted with the grant agreement. Payment will be submitted to this address after the financial report has been approved. Grantee shall notify CAL FIRE in writing regarding address changes and effective dates.
3. Invoice Date and Number- Date invoice was issued and unique invoice number to be determined by the grantee for reference.
4. Grant Identification- Grant Number, Grant Performance Period, and Project Name as identified in the Grant Agreement.
5. Invoice reporting period - Performance start and end dates for which grantee is invoicing CAL FIRE. Under no circumstances will an invoice period outside of the grant performance period be accepted.
6. Payment Type - Indicate whether the invoice is to request an advance payment, interim payment, or fina l payment.
7. Cost breakdown- Grantee costs must be broken down by the budget item consistent with the approved budget in the Grant Agreement. The grantee must identify the amount for which CAL FIRE is being billed in the invoice period and the total amount spent and match (if applicable) from the beginning of the grant performance period 1
th rough the invoice period. Advance requests should still include a breakdown of the budget items for which the grantee is planning to expend the funds.
8. Offset to current cost- Include the balance of advance funds given to grantee as well as program income earned from the grant if applicable.
9. The total amount for which grantee is requesting reimbursement from CAL FIRE.
10. Grantee contact name, phone number, and email address for questions related to the invoice.
11. All backup documentation to support the invoice (see Project Costs section).
12. Certification and signature of authorized representative - Please see sample invoice for certification language.
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APPENDIX D - STATE OF CALIFORNIA STANDARD REQUIRED FORMS THESE STANDARD FORMS MUST BE SUBMITTED IN THE GRANTS PORTAL WITH THE PROJECT APPLICATION. THE STANDARD FORMS BELOW ARE ALSO LINKED IN THE GRANTS PORTAL.
Payee Data Record form {STD. 204) - CAL FIRE utilizes this form internally for all grantees. This form is required for all applicants, including local governments, despite the language on the form. Payee Data Record STD. 204
APPENDIX E - CALMAPPER (AWARDED GRANTS ONLY)
All Prop 4 funded projects will be recorded in CAL FIRE's Management Activity Project Planning & Event Reporter (CalMAPPER). To achieve this, grantees must provide spatial information via shapefiles about where the project occurs on the landscape, identify treatments for their project, and identify what activities occurred.
Submission of all activities completed must be submitted with invoices or other methods identified by the Grants Program. This may be requested as often as ground-disturbing work is performed.
APPENDIX G - PDF PROJECT MAP
In addition to the online WP Grants Mapping Center project mapping program Geopoint and polygons, include a pdf map(s) of the project with the project application. The map(s) shall meet the following requirements:
• Electronic format of PDF.
• Printed format{s) should measure 8 ½ by 11 inches.
• The scale should be 1:24,000 scale or finer. The maps should show enough of the surrounding area so that the application review team can get a sense of the relationship of the project to the surrounding area. • The map(s) should clearly show:
o Project boundaries
o Treatment area(s) by type
o Roads
o Watercourses
o Parcels
o City/County/Unit
o Proximity to wildfire-threatened communities
o Other necessary information
• Legend: Include a map legend that identifies:
o The features on the map
o The project tracking number
o Project name
o Project proponent
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APPENDIX H -JUSTIFICATION FOR INDIRECT COST RATE> 15%
Applicants that utilize a higher indirect rate on non-CAL FIRE grants and agreements may request to apply an indirect cost rate in excess of 15% as part of their application. The request shall include a detailed justification as a separate attachment to the grant application indicating why a higher rate is needed for the grant project along with supporting documentation as to how the higher indirect rate is determined. Supporting documentation may include, but is not limited to, the entity's Federally approved Negotiated Indirect Cost Rate Proposal. Submittal of the justification and supporting documentation does not guarantee approval of the higher rate which is solely at CAL FIRE's discretion.
Applicants requesting the higher rate may include the higher rate within the total application request and within the budget breakdown. CAL FIRE will evaluate the request for a higher indirect rate concurrently with the grant application. If the project is approved, but the higher indirect rate is not, CAL FIRE will notify the Grantee of the reduced award amount and request changes to the budget, if needed.
For grants awarded for projects under Proposition 4, Wildfire Prevention Grants will reimburse the grantee's indirect costs. The grantee may request one of the following indirect cost rates:
The grantee's federal negotiated indirect cost rate, pursuant to its Negotiated Indirect Cost Rate Agreement (NICRA).
The 15 percent de minimis indirect cost rate specified in Part 200 of Title 2 of the Code of Federal Regulations.
A rate negotiated by the grantee with another state agency within the last five years . •
•
•
• A rate proposed by the grantee in the grantee's program application with the administering state agency if the grantee does not have an existing state rate.
• Grantee can request an indirect cost rate of 15% to 20% .
APPENDIX I -APPLICATION PACKAGE
• • • • • • • • • • • • • • • ' • • • • • • • • • • • • • • • • • • • • ' • • t A COMPLETE APPLICATION PACKAGE INCLUDES AND IS REQUIRED TO BE CONSIDERED:
Grants Portal (Sollcltatlon Link on WP Grants website):
• Application
• Scope of Work
• Budget
• Goals
• File Uploads•
• Online submission of Geopoint or polygons in the Project Mapping Program •File uploads to Grants Portal:
• PDF version of Project Map(s) (formatted to 8 ½" x 11") • Articles of Incorporation, including document w/seal from Secretary of State (non- profit applicants) • State of California Payee Data Record form (Std. 204) - see Appendix D • Letter(s) of Commitment if matching funds or services are included • Letter(s) of Support (not required)
• University of California (UC)/ California State University (CSU) Model Agreement Template (Required for UC/CSU and associated auxiliary entities)
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Board Resolution granting authority to sign if non-profit or local government, a signed resolution may be requested if necessary.
ZIP MULTIPLE FILES OF ONE TYPE, I.E., MULTIPLE LETTERS OF SUPPORT, TRAVEL POLICY (IF TRAVEL IS INCLUDED), FOR FUELS REDUCTION WORK; SHAPE FILES ARE REQUIRED, AND UPLOAD AS A SINGLE ZIP FILE.
APPENDIX J -ADDITIONAL RESOURCES
local CAL FIRE Unit (Vegetation Management Foresters and Local Wildfire Prevention Grants Resources) [email protected] (Southern Region Contact) [email protected] (Northern Region Contact)
[email protected] (Wildfire Prevention Grants Program Analysts) [email protected] (Grants Administration)
Subscribe to CAL FIRE grant email notifications to be notified when our workshops are scheduled and to receive solicitation announcements.
APPENDIX K-CALCULATING INTEREST ON ADVANCE PAYMENTS
Interest on Advance Payments must be reported on invoices as Program Income no less frequently than quarterly, unless otherwise waived by CAL FIRE. Documentation to be provided with the invoice should include a copy of the statement showing the grantee's name, initial deposit of the advance funds into the account and the interest rate earned for each statement period associated with the invoice period reported until the advance funds have been fully liquidated. It is advised that the account number and other sensitive information be redacted from the bank statement.
Separate Account for Advance Payments: Advance funds deposited in a separate interest- bearing account that is not comingled with any other funds should provide a copy of the statement showing the interest earned for each statement period. The amount reflected as interest earned on each statement should tie to the Program Income reported on the invoice, unless there is additional program income earned.
Co-mingled Advance Payments: Advance funds that are co-mingled with other funds shall include a copy of the statement for each statement period associated with the advance funds. The calculation for the invoice period must be included and the total interest should tie to the Program Income reported on the invoice, unless there is additional program income earned. The interest earned can be calculated as:
Formula:
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Remaining advance funds x interest rate% = Annual Interest. Annual lnterest/365 days =Daily Rate.
Daily Rate x number of days= Interest/Program Income
Use of an alternative calculation method based on the grantee's accounting process may be accepted at CAL FIRE's discretion.
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