Copies of the Draft EIR shall also be made available at the City office for review by members of the general public. The City may require any person obtaining a copy of the Draft EIR to reimburse the City for the actual cost of its reproduction. Copies of the Draft EIR should also be furnished to appropriate public library systems.
The City shall also post an electronic copy of the Notice of Completion, Notice of Availability, and Draft EIR on its website, if any.
(Reference: Pub. Resources Code, § 21082.1; State CEQA Guidelines, §§ 15085, 15087.)
7.26 SUBMISSION OF DRAFT EIR TO STATE CLEARINGHOUSE.
A Draft EIR must be submitted to the State Clearinghouse, at the same time as the Notice of Completion, in an electronic form as required by the Office of Planning and Research, regardless of whether the document must be circulated for review and comment by state agencies under State CEQA Guidelines section 15205 and 15206. The Draft EIR must be submitted via the Office of Planning and Research’s CEQA Submit website
(https://ceqasubmit.opr.ca.gov/Security/LogOn?ReturnUrl=%2f). The CEQA Submit website differentiates between environmental documents that do require review and comment by state agencies and those that do not. In particular, the website provides a “Local Review Period” tab for submitting documents that do not require review and comment by state agencies, and a “State Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-26 ©Best Best & Krieger LLP Review Period” tab for submitting documents that do require review and comment by state agencies.
A Draft EIR must be submitted to the State Clearinghouse for review and comment by state agencies (i.e., the Draft EIR must be submitted through the CEQA Submit website under the “State Review Period” tab) in the following situations:
(a) A state agency is the Lead Agency for the Draft EIR; (b) A state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law over resources potentially affected by the project; or (c) The Draft EIR is for a project identified in State CEQA Guidelines section 15206 as being a project of statewide, regional, or area-wide significance.
State CEQA Guidelines section 15206 identifies the following types of projects as being examples of projects of statewide, regional, or area-wide significance that require submission to the State Clearinghouse for circulation:
(1) General plans, elements, or amendments for which an EIR was prepared; (2) Projects that have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as:
(a) Residential development of more than 500 units;
(b) Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space;
(c) Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space;
(d) Hotel or motel development of more than 500 rooms; and (e) Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area; (3) Projects for the cancellation of a Williamson Act contract covering more than 100 acres;
(4) Projects in one of the following Environmentally Sensitive Areas:
(a) Lake Tahoe Basin;
(b) Santa Monica Mountains Zone;
(c) Sacramento-San Joaquin River Delta;
(d) Suisun Marsh;
(e) Coastal Zone, as defined by the California Coastal Act; (f) Areas within one-quarter mile of a river designated as wild and scenic; or (g) Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission;
(5) Projects that would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species;
Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-27 ©Best Best & Krieger LLP (6) Projects that would interfere with water quality standards; and (7) Projects that would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant.
A Draft EIR may also be submitted to the State Clearinghouse for review and comment by state agencies when a state agency has special expertise with regard to the environmental impacts involved.
Submission of the Draft EIR to the State Clearinghouse affects the timing of the public review period as set forth in Local Guidelines Section 7.28. (Reference: Pub. Resources Code, § 21091; State CEQA Guidelines, §§ 15205, 15206.)
7.27 SPECIAL NOTICE REQUIREMENTS FOR WASTE- AND FUEL-BURNING PROJECTS.
For any waste-burning project, as defined in Local Guidelines Section 5.11, in addition to the notice requirements specified in Local Guidelines Sections 7.25 and 7.26, Notice of Availability of the Draft EIR shall be given by direct mailing or any other method calculated to provide delivery of the notice to the owners and occupants of property within one-fourth mile of any parcel or parcels on which the project is located.
(Reference: Pub. Resources Code, § 21092(c).)
7.28 TIME FOR REVIEW OF DRAFT EIR; FAILURE TO COMMENT.
A period of between thirty (30) and sixty (60) days from the filing of the Notice of Completion of the Draft EIR shall be allowed for review of and comment on the Draft EIR, except in unusual situations.
If the Draft EIR is for a proposed project where a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction by law with respect to the project; or the proposed project is of sufficient statewide, regional, or area-wide significance as determined pursuant to State CEQA Guidelines section 15206, the review period shall be at least forty-five (45) days (unless a shorter period is approved as set forth below), and the lead agency shall provide the document in an electronic form, as required by the Office of Planning and Research, to the State Clearinghouse for review and comment by state agencies.
For purposes of calculating the length of the public review period, the last day of the public review period cannot fall on a weekend, a legal holiday, or other day on which the lead agency’s offices are closed.2 (Reference: Rominger v. County of Colusa (2014) 229 Cal.App.4th 690, 708.)
2 A public agency’s “offices are closed” for purposes of this section on days in which the agency is formally closed for business (for example, due to a weekend, a legal holiday, or a formal furlough affecting the entire office). A public agency’s office is not considered closed for purposes of this section where the agency’s office may be physically closed, but the agency is nonetheless open for business and is operating remotely or virtually (for example, in response to the Covid-19 pandemic).
Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-28 ©Best Best & Krieger LLP If a state agency is a Responsible Agency, or if the Draft EIR is submitted to the State Clearinghouse for review and comment by state agencies, the public review period shall be at least as long as the review period established by the State Clearinghouse. The public review period and the state agency review period may, but are not required to, begin and end at the same time. The state agency review period begins (day one) on the date that the State Clearinghouse distributes the Draft EIR to state agencies. The State Clearinghouse is required to distribute the Draft EIR to state agencies within three (3) working days from the date the State Clearinghouse receives the document, as long as the Draft EIR is complete when submitted to the State Clearinghouse. If the document submitted to the State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The review period for the public and all other agencies may run concurrently with the state agency review period established by the State Clearinghouse.
Under certain circumstances, a shorter review period of the Draft EIR by the State Clearinghouse can be requested by the City; however, a shortened review period shall not be less than thirty (30) days for a Draft EIR. Any request for a shortened review period must be made in writing by the City to OPR. The City may designate a person to make these requests. The City must contact all Responsible and Trustee agencies and obtain their agreement prior to obtaining a shortened review period. (See the Shortened Review Request Form “P.”) A shortened review period is not available for any proposed project of statewide, regional or area-wide environmental significance as determined pursuant to State CEQA Guidelines section 15206. Any approval of a shortened review period shall be given prior to, and reflected in, the public notices.
In the event a public agency, group, or person whose comments on a Draft EIR are solicited fails to comment within the required time period, it shall be presumed that such agency, group, or person has no comment to make, unless the Lead Agency has received a written request for a specific extension of time for review and comment and a statement of reasons for the request.
Continued planning activities concerning the proposed project, short of formal approval, may continue during the period set aside for review and comment on the Draft EIR. (Reference: Pub. Resources Code, § 21091; State CEQA Guidelines, §§ 15203, 15205(d).)
7.29 PUBLIC HEARING ON DRAFT EIR.
CEQA does not require formal public hearings for certification of an EIR; public comments may be restricted to written communications. (However, a hearing is required to utilize the limited exemption for Transit Priority Projects as explained in Local Guidelines Section 3.15; to adopt a bicycle transportation plan as explained in Local Guidelines Section 3.18; and for certain other actions involving the replacement or deletion of mitigation measures under State CEQA Guidelines section 15074.1.) However, if the City provides a public hearing on its consideration of a project, the City should include the project’s environmental review documents as one of the subjects of the hearing. Notice of the time and place of the hearing shall be given in a timely manner in accordance with any legal requirements applicable to the proposed project. Generally, the requirements of the Ralph M. Brown Act will provide the minimum requirements for the inclusion of CEQA matters on agendas and at hearings. (Gov. Code, § 54950 et seq.) At a Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-29 ©Best Best & Krieger LLP minimum, agendas for meetings and hearings before commissions, boards, councils, and other agencies must be posted in a location that is freely accessible to members of the public at least seventy-two (72) hours prior to a regular meeting. The agenda must contain a brief general description of each item to be discussed and the time and location of the meeting. (Gov. Code, § 54954.2.) Additionally, any legislative body or its presiding officer must post an agenda for each regular or special meeting on the local agency’s Internet Web site, if the local agency has one.
(Reference: State CEQA Guidelines, § 15202.)
7.30 RESPONSE TO COMMENTS ON DRAFT EIR.
The Lead Agency shall evaluate any comments on environmental issues received during the public review period for the Draft EIR and shall prepare a written response to those comments that raise significant environmental issues.
As stated below, the City, as Lead Agency, should also consider evaluating and responding to any comments received after the public review period. The written responses shall describe the disposition of any significant environmental issues that are raised in the comments. The responses may take the form of a revision of the Draft EIR, an attachment to the Draft EIR, or some other oral or written response that is adequate under the circumstances. If the City’s position is at variance with specific recommendations or suggestions raised in the comment, the City’s response must detail the reasons why such recommendations or suggestions were not accepted. The level of detail contained in the response, however, may correspond to the level of detail provided in the comment (i.e., responses to general comments may be general). A general response may be appropriate when a comment does not contain or specifically refer to readily available information, or does not explain the relevance of evidence submitted with the comment.
Moreover, the City shall respond to any specific suggestions for project alternatives or mitigation measures for significant impacts, unless such alternatives or mitigation measures are facially infeasible. The response shall contain recommendations, when appropriate, to alter the project as described in the Draft EIR as a result of an analysis of the comments received.
At least ten (10) days prior to certifying a Final EIR, the Lead Agency shall provide its proposed written response, either in printed copy or in an electronic format, to any public agency that has made comments on the Draft EIR during the public review period. The City, as Lead Agency, is not required to respond to comments received after the public review period. However, the City, as Lead Agency, should consider responding to all comments if it will not delay action on the Final EIR, since any comment received before final action on the EIR can form the basis of a legal challenge. A written response that addresses the comment or adequately explains the City’s action in light of the comment may assist in defending against a legal challenge. (Reference: State CEQA Guidelines, § 15088.)
7.31 PREPARATION AND CONTENTS OF FINAL EIR.
Following the receipt of any comments on the Draft EIR as required herein, such comments shall be evaluated by Staff and a Final EIR shall be prepared.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-30 ©Best Best & Krieger LLP The Final EIR shall meet all requirements of Local Guidelines Section 7.18 and shall consist of the Draft EIR or a revision of the Draft, a section containing either verbatim or in summary the comments and recommendations received through the review and consultation process, a list of persons, organizations and public agencies commenting on the Draft, and a section containing the responses of the City to the significant environmental points raised in the review and consultation process.
(Reference: State CEQA Guidelines, §§ 15089, 15132.)
7.32 RECIRCULATION WHEN NEW INFORMATION IS ADDED TO EIR.
When significant new information is added to the EIR after notice and consultation but before certification, the Lead Agency must recirculate the Draft EIR for another public review period. The term “information” can include changes in the project or environmental setting as well as additional data or other information.
New information is significant only when the EIR is changed in a way that would deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of a project or a feasible way to mitigate or avoid such an effect, including a feasible project alternative, that the project proponents decline to implement. Recirculation is required, for example, when:
(1) New information added to an EIR discloses:
(a) A new significant environmental impact resulting from the project or from a new mitigation measure proposed to be implemented; or (b) A significant increase in the severity of an environmental impact (unless mitigation measures are also adopted that reduce the impact to a level of insignificance); or
(c) A feasible project alternative or mitigation measure that clearly would lessen the significant environmental impacts of the project, but which the project proponents decline to adopt; or
(2) The Draft EIR is so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.
Recirculation is not required when the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. If the revision is limited to a few chapters or portions of the EIR, the City as Lead Agency need only recirculate the chapters or portions that have been modified. A decision to not recirculate an EIR must be supported by substantial evidence in the record.
When the City determines to recirculate a Draft EIR, it shall give Notice of Recirculation (Form “M”) to every agency, person, or organization that commented on the prior Draft EIR. The Notice of Recirculation must indicate whether new comments must be submitted and whether the City has exercised its discretion to require reviewers to limit their comments to the revised chapters or portions of the recirculated EIR. The City shall also consult again with those persons contacted pursuant to Local Guidelines Section 7.25 before certifying the EIR. When the EIR is substantially Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-31 ©Best Best & Krieger LLP revised and the entire EIR is recirculated, the City may require that reviewers submit new comments and need not respond to those comments received during the earlier circulation period.
In those cases, the City should advise reviewers that, although their previous comments remain part of the administrative record, the final EIR will not provide a written response to those comments, and new comments on the revised EIR must be submitted. The City need only respond to those comments submitted in response to the revised EIR.
When the EIR is revised only in part and the City is recirculating only the revised chapters or portions of the EIR, the City may request that reviewers limit their comments to the revised chapters or portions. The City need only respond to: (1) comments received during the initial circulation period that relate to chapters or portions of the document that were not revised and recirculated, and (2) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated.
When recirculating a revised EIR, either in whole or in part, the City must, in the revised EIR or by an attachment to the revised EIR, summarize the revisions made to the previously circulated draft EIR.
(Reference: State CEQA Guidelines, § 15088.5.)
7.33 CERTIFICATION OF FINAL EIR.
Following the preparation of the Final EIR, Staff shall review the Final EIR and make a recommendation to the decision-making body regarding whether the Final EIR has been completed in compliance with CEQA, the State CEQA Guidelines and the City’s Local Guidelines. The Final EIR and Staff recommendation shall then be presented to the decision-making body. The decisionmaking body shall independently review and consider the information contained in the Final EIR and determine whether the Final EIR reflects its independent judgment. Before it approves the project, the decision-making body must certify and find that: (1) the Final EIR has been completed in compliance with CEQA, the State CEQA Guidelines and the City’s Local Guidelines; (2) the Final EIR was presented to the decision-making body and the decision-making body reviewed and considered the information contained in the Final EIR before approving the project; and (3) the Final EIR reflects the City’s independent judgment and analysis.
Except in those cases in which the City Council is the final decision-making body for the project, any interested person may appeal the certification or denial of certification of a Final EIR to the City Council. Appeals must follow the procedures prescribed by the City. (Reference: State CEQA Guidelines, § 15090.)
7.34 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT.
Once the decision-making body has certified the EIR, it may then proceed to consider the proposed project for purposes of approval or disapproval. (Reference: State CEQA Guidelines, § 15092.)
Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-32 ©Best Best & Krieger LLP
7.35 FINDINGS.
The decision-making body shall not approve or carry out a project if a completed EIR identifies one or more significant environmental effects of the project unless it makes one or more of the following written findings for each such significant effect, accompanied by a brief explanation of the rationale supporting each finding. For impacts that have been identified as potentially significant, the possible findings are:
(a) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment as identified in the Final EIR, such that the impact has been reduced to a less-than-significant level; (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City. Such changes have been, or can and should be, adopted by that other agency; or
(c) Specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. The decision-making body must make specific written findings stating why it has rejected an alternative to the project as infeasible.
The findings required by this Section shall be supported by substantial evidence in the record. Measures identified and relied on to mitigate environmental impacts identified in the EIR to below a level of significance should be expressly adopted or rejected in the findings. The findings should include a description of the specific reasons for rejecting any mitigation measures or project alternatives identified in the EIR that would reduce the significant impacts of the project.
Any mitigation measures that are adopted must be fully enforceable through permit conditions, agreements, or other measures.
If any of the proposed alternatives could avoid or lessen an adverse impact for which no mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If the project is to be approved without including such alternative(s), the City shall find that specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the Final EIR and shall list such considerations before such approval.
The decision-making body shall not approve or carry out a project as proposed unless: (1) the project as approved will not have a significant effect on the environment; or (2) the project’s significant environmental effects have been eliminated or substantially lessened (as determined through one or more of the findings indicated above), and any remaining unavoidable significant effects have been found acceptable because of facts and circumstances described in a Statement of Overriding Considerations (see Local Guidelines Section 7.37). Statements in the Draft EIR or comments on the Draft EIR are not determinative of whether the project will have significant effects.
When making the findings required by this Section, the City as Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-33 ©Best Best & Krieger LLP (Reference: State CEQA Guidelines, § 15091.)
7.36 SPECIAL FINDINGS REQUIRED FOR FACILITIES THAT MAY EMIT HAZARDOUS AIR EMISSIONS NEAR SCHOOLS.
Special procedural rules apply to projects involving the construction or alteration of a facility within one-quarter mile of a school when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code section 25532(j); and (2) the emissions or substances may pose a health or safety hazard to persons who would attend or would be employed at the school.
If the project meets both of those criteria, the Lead Agency may not certify an EIR or approve a Negative Declaration or Mitigated Negative Declaration unless it makes a finding that:
(a) The Lead Agency consulted with the affected school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and (b) The school district was given written notification of the project not less than thirty (30) days prior to the proposed certification of the EIR or approval of the Negative Declaration or Mitigated Negative Declaration.
Implementation of this Local Guideline shall be consistent with the definitions and terms utilized in State CEQA Guidelines section 15186.
Additionally, in its role as a Responsible Agency, the City should be aware that for projects involving the acquisition of a school site or the construction of a secondary or elementary school by a school district, the Negative Declaration, Mitigated Negative Declaration, or EIR prepared for the project may not be adopted or certified unless there is sufficient information in the entire record to determine whether any boundary of the school site is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor.
If it is determined that the project involves the acquisition of a school site that is within 500 feet of the edge of the closest traffic lane of a freeway, or other busy traffic corridor, the Negative Declaration, Mitigated Negative Declaration, or EIR may not be adopted or certified unless the school board determines, through a health risk assessment pursuant to Section 44360(b)(2) of the Health and Safety Code and after considering any potential mitigation measures, that the air quality at the proposed project site does not present a significant health risk to pupils.
(Reference: State CEQA Guidelines, § 15186.)
7.37 STATEMENT OF OVERRIDING CONSIDERATIONS.
Before a project that has unmitigated significant adverse environmental effects can be approved, the decision-making body must adopt a Statement of Overriding Considerations. If the decision-making body finds in the Statement of Overriding Considerations that specific benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-34 ©Best Best & Krieger LLP Accordingly, the Statement of Overriding Considerations allows the decision-making body to approve a project despite one or more unmitigated significant environmental impacts identified in the Final EIR. A Statement of Overriding Considerations can be made only if feasible project alternatives or mitigation measures do not exist to reduce the environmental impact(s) to a level of insignificance and the benefits of the project outweigh the adverse environmental effect(s). The feasibility of project alternatives or mitigation measures is determined by whether the project alternative or mitigation measure can be accomplished within a reasonable period of time, taking into account economic, environmental, social, legal and technological factors.
Project benefits that are appropriate to consider in the Statement of Overriding Considerations include the economic, legal, environmental, technological and social value of the project. The City may also consider region-wide or statewide environmental benefits.
Substantial evidence in the entire record must justify the decision-making body’s findings and its use of the Statement of Overriding Considerations. If the decision-making body makes a Statement of Overriding Considerations, the Statement must be included in the record of the project approval and it should be referenced in the Notice of Determination. (Reference: State CEQA Guidelines, § 15093.)
7.38 MITIGATION MONITORING OR REPORTING PROGRAM FOR EIR.
When making findings regarding an EIR, the City must do all of the following:
(a) Adopt a reporting or monitoring program to assure that mitigation measures that are required to mitigate or avoid significant effects on the environment will be implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval;
(b) Make sure all conditions and mitigation measures are feasible and fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law; and (c) Specify the location and the custodian of the documents which constitute the record of proceedings upon which the City based its decision in the resolution certifying the EIR.
There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Draft EIR. Any mitigation measures required to mitigate or avoid significant effects on the environment shall be adopted and made fully enforceable, such as by being imposed as conditions of project approval.
The adequacy of a mitigation monitoring program is determined by the “rule of reason.” This means that a mitigation monitoring program does not need to provide every imaginable measure. It needs only to provide measures that are reasonably feasible and that are necessary to avoid significant impacts or to reduce the severity of impacts to a less-than-significant level.
The mitigation monitoring or reporting program shall be designed to assure compliance with the mitigation measures during the implementation and construction of the project. If a Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-35 ©Best Best & Krieger LLP Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a Draft EIR, the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the Responsible or Trustee Agency’s authority.
When a project is of statewide, regional, or area-wide significance, any transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines.
Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City may impose a program to charge project proponents fees to cover actual costs of program processing and implementation.
The City may delegate reporting or monitoring responsibilities to an agency or to a private entity that accepts the delegation; however, until mitigation measures have been completed, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program.
The City may choose whether its program will monitor mitigation, report on mitigation, or both. “Reporting” is defined as a written compliance review that is presented to the Board or an authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. Reporting is suited to projects that have readily measurable or quantitative mitigation measures or that already involve regular review. “Monitoring” is generally an ongoing or periodic process of project oversight. Monitoring is suited to projects with complex mitigation measures that may exceed the expertise of the City to oversee, are expected to be implemented over a period of time, or require careful implementation to assure compliance.
At its discretion, the City may adopt standardized policies and requirements to guide individually adopted programs.
Standardized policies or requirements for monitoring and reporting may describe, but are not limited to:
(a) The relative responsibilities of various departments within the City for various aspects of the program;
(b) The responsibilities of the project proponent;
(c) Guidelines adopted by the City to govern preparation of programs; (d) General standards for determining project compliance with the mitigation measures and related conditions of approval;
Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-36 ©Best Best & Krieger LLP (e) Enforcement procedures for noncompliance, including provisions for administrative appeal; and/or
(f) A process for informing the Board and staff of the relative success of mitigation measures and using those results to improve future mitigation measures.
When a project is of statewide, regional, or area-wide importance, any transportation information generated by a mitigation monitoring or reporting program must be submitted to the transportation planning agency in the region where the project is located, as well as to the Department of Transportation.
(Reference: State CEQA Guidelines, § 15097.)
7.39 NOTICE OF DETERMINATION.
After approval of a project for which the City is the Lead Agency, Staff shall cause a Notice of Determination (Form “F”) to be prepared, filed, and posted. The Notice of Determination shall include the following information:
(a) An identification of the project, including its common name, where possible, and its location. If the notice of determination is filed with the State Clearinghouse, the State Clearinghouse identification number for the draft EIR shall be provided. (b) A brief description of the project;
(c) The City’s name and the applicant’s name (if any). If different from the applicant, the Notice of Determination shall further provide, if applicable, the identity of the person undertaking the project that is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies, or the identity of the person receiving a lease, permit, license, certificate, or other entitlement for use from one or more public agencies.
(d) The date when the City approved the project;
(e) Whether the project in its approved form with mitigation will have a significant effect on the environment;
(f) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA; (g) Whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted; (h) Whether findings were made and/or whether a Statement of Overriding Considerations was adopted for the project; and
(i) The address where a copy of the EIR (with comments and responses) and the record of project approval may be examined by the general public.
The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5) working days of project approval. (To determine the fees that must be paid with the filing of the Notice of Determination, see Local Guidelines Section 7.42 and the Staff Summary of the CEQA Process.) The County Clerk is required to post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-37 ©Best Best & Krieger LLP Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of such Notice to be posted at City Offices. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed electronically with the Office of Planning and Research within five (5) working days of project approval, along with proof that the City has paid the County Clerk the DFW fee or a completed form from DFW documenting DFW’s determination that the project will have no effect on fish and wildlife. (If the City submits the Notice of Determination in person, the City may bring an extra copy to be date stamped by OPR.)
When a request is made for a copy of the Notice of Determination prior to the date on which the City approves the project, the copy must be mailed, first class postage prepaid, within five (5) days of the City’s approval. If such a request is made following the City’s approval of the project, then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service.
The City, when acting as lead agency, must post its Notice of Determination for a project on its website.
For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discretionary approval. The filing and posting of a Notice of Determination with the Clerk, and, if necessary, with OPR, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice may result in a one hundred eighty (180) day statute of limitations. (Reference: Pub. Resources Code, §§ 21092.2, 21108; State CEQA Guidelines, § 15094.)
7.40 DISPOSITION OF A FINAL EIR.
The City shall file a copy of the Final EIR with the appropriate planning agency of any city or county where significant effects on the environment may occur. The City shall also retain one or more copies of the Final EIR as a public record for a reasonable period of time. Finally, for private projects, the City may require that the project applicant provide a copy of the certified Final EIR to each Responsible Agency.
(Reference: State CEQA Guidelines, § 15095.)
7.41 PRIVATE PROJECT COSTS.
For private projects, the person or entity proposing to carry out the project shall be charged a reasonable fee to recover the estimated costs incurred by the City in preparing, circulating, and filing the Draft and Final EIRs, as well as all publication costs incident thereto.
7.42 FILING FEES FOR PROJECTS THAT AFFECT WILDLIFE RESOURCES.
At the time a Notice of Determination for an EIR is filed with the County or Counties in which the project is located, a fee of $3,839.25, or the then applicable fee, shall be paid to the Local Guidelines for Implementing the
California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Big Bear Lake Local Guidelines 7-38 ©Best Best & Krieger LLP Clerk for projects that will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of DFW.
Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee.
Note: County Clerks are authorized to charge a documentary handling fee for each project in addition to the Fish and Wildlife fees specified above. Refer to the Index in the Staff Summary to help determine the correct total amount of fees applicable to the project.
For private projects, the City should pass these costs on to the project applicant.
No fees are required for projects with “no effect” on fish or wildlife resources or for certain projects undertaken by the DFW and implemented through a contract with a non-profit entity or local government agency. (See Local Guidelines Section 6.24 for more information regarding a “no effect” determination.)
Local Guidelines for Implementing the
California Environmental Quality Act (2023) TYPES OF EIRS 2023 City of Big Bear Lake Local Guidelines 8-1 ©Best Best & Krieger LLP
8. TYPES OF EIRS
8.01 EIRS GENERALLY.
This chapter describes a number of examples of various EIRs tailored to different situations. All of these types of EIRs must meet the applicable requirements of Chapter 7 of these Local Guidelines.
8.02 TIERING.
(a) Tiering Generally.
“Tiering” refers to using the analysis of general matters contained in a previously certified broader EIR in later EIRs, Negative Declarations, or Mitigated Negative Declarations prepared for narrower projects. The later EIR, Negative Declaration, or Mitigated Negative Declaration may incorporate by reference the general discussions from the broader EIR and may concentrate solely on the issues specific to the later project.
An Initial Study shall be prepared for the later project and used to determine whether a previously certified EIR may be used and whether new significant effects should be examined.
Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant environmental effects of a project, nor does it justify deferring analysis to a later tier EIR, Negative Declaration, or Mitigated Negative Declaration. However, the level of detail contained in a firsttier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed.
When the City is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof (e.g., an area plan, specific plan or community plan), the development of detailed, site-specific information may not be feasible. Such site-specific information can be deferred, in many instances, until such time as the Lead Agency prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand.
(b) Identifying New Significant Impacts.
When assessing whether there is a new significant cumulative effect for purposes of a subsequent tier environmental document, the Lead Agency shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects.
A Lead Agency may use only a valid CEQA document as a first-tier document.
Accordingly, the City, in its role as Lead Agency, should carefully review the first-tier environmental document to determine whether or not the statute of limitations for challenging the document has run. If the statute of limitations has not expired, the City should use the first-tier document with caution and pay careful attention to the legal status of the document. If the firsttier document is subsequently invalidated, any later environmental document may also be defective.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) TYPES OF EIRS 2023 City of Big Bear Lake Local Guidelines 8-2 ©Best Best & Krieger LLP (c) Infill Projects and Tiering.
Certain “infill” projects may tier off of a previously certified EIR. An “infill” project is defined as a project with residential, retail, and/or commercial uses, a transit station, a school, or a public office building. It must be located in an urban area on a previously developed site or on an undeveloped site that is surrounded by developed uses. The project must be either consistent with land use planning strategies that achieve greenhouse gas (“GHG”) emission reduction targets, feature a small walkable community project, or where a sustainable communities or alternative planning strategy has not yet been adopted for the area, include a residential density of at least 20 units per acre or a floor area ratio of at least 0.75. The project must also meet a number of standards related to energy efficiency that are not yet defined but which SB 226 directs the Office of Planning and Research to prepare.
If an EIR was certified for a planning level decision by a city or county (such as a General Plan or Specific Plan), the scope of the CEQA review for a later “infill” project can be limited to those effects on the environment that: 1) are specific to the project or to the project site and were not addressed as significant effects in the prior EIR; or 2) substantial new information shows will be more significant than described in the prior EIR.
When a project meets the definition of “infill” and either of the above conditions exist but a Mitigated Negative Declaration cannot be adopted, then the subsequent EIR for such a project need not consider alternative locations, densities, and building intensities or growth-inducing impacts.
(d) Statement of Overriding Considerations.
A Lead Agency may also tier off of a previously prepared Statement of Overriding Considerations if certain conditions are met. (See Local Guidelines Section 7.37.) (Reference: State CEQA Guidelines, § 15152.)
8.03 PROJECT EIR.
The most common type of EIR examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. This type of EIR must examine all phases of the project, including planning, construction, and operation.
If the EIR for a redevelopment plan is a Project EIR, all public and private activities or undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan.
Although the City will probably not act as a Lead Agency for a Redevelopment Plan, the City may act as a Responsible Agency.
(Reference: State CEQA Guidelines, §§ 15161, 15180.)
Local Guidelines for Implementing the
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8.04 SUBSEQUENT EIR.
A Subsequent EIR is required when a previous EIR has been prepared and certified, or a Negative Declaration or Mitigated Negative Declaration has been adopted, for a project and at least one of the three following situations occur:
(a) Substantial changes are proposed in the project which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is to be undertaken which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(c) New information, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration/Mitigated Negative Declaration was adopted, becomes available and shows any of the following:
(1) the project will have one or more significant effects not discussed in a previous EIR, Negative Declaration, or Mitigated Negative Declaration; (2) significant effects previously examined will be substantially more severe than shown in a previous EIR;
(3) mitigation measures or alternatives previously found not to be feasible are in fact feasible and would substantially reduce one or more significant effects, but the project proponent declines to adopt the mitigation measures or alternatives; or (4) mitigation measures or alternatives which were not considered in a previous EIR would substantially lessen one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.
A Subsequent EIR must receive the same circulation and review as the previous EIR received. As a potential tool to determine whether a Subsequent EIR is required, see Form J-1 of these Local Guidelines.
In instances where the City is evaluating a modification or revision to an existing use permit, the City may consider only those environmental impacts related to the changes between what was allowed under the old permit and what is requested under the new permit. Only if these differential impacts fall within the categories described above may the City require additional environmental review.
When the City is considering approval of a development project that is consistent with a general plan for which an EIR was completed, another EIR is required only if the project causes environmental effects peculiar to the parcel which were not addressed in the prior EIR or substantial new information shows the effects peculiar to the parcel will be more significant than described in the prior EIR. (Reference: State CEQA Guidelines, § 15162.) Local Guidelines for Implementing the
California Environmental Quality Act (2023) TYPES OF EIRS 2023 City of Big Bear Lake Local Guidelines 8-4 ©Best Best & Krieger LLP
8.05 SUPPLEMENTAL EIR.
The City may choose to prepare a Supplemental EIR, rather than a Subsequent EIR, if any of the conditions described in Local Guidelines Section 8.04 have occurred but only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. To assist the City in making this determination, the decision-making body should request an Initial Study and/or a recommendation by Staff. The Supplemental EIR need contain only the information necessary to make the previous EIR adequate for the project as revised.
A Supplemental EIR shall be given the same kind of notice and public review as is given to a Draft EIR but may be circulated by itself without recirculating the previous EIR.
When the decision-making body decides whether to approve the project, it shall consider the previous EIR as revised by the Supplemental EIR. Findings shall be made for each significant effect identified in the Supplemental EIR.
(Reference: State CEQA Guidelines, § 15163.)
8.06 ADDENDUM TO AN EIR.
The City shall prepare an Addendum to a previously certified EIR, rather than a Subsequent or Supplemental EIR, only if changes or additions to the EIR are necessary, but none of the conditions described in Local Guidelines Section 8.04 or 8.05 calling for preparation of a Subsequent or Supplemental EIR have occurred. Since significant effects on the environment were addressed by findings in the original EIR, no new findings are required in the Addendum.
An Addendum to an EIR need not be circulated for public review but should be included in or attached to the Final EIR. The decision-making body shall consider the Addendum with the Final EIR prior to making a decision on a project. A brief explanation of the decision not to prepare a Subsequent EIR or a Supplemental EIR should be included in the Addendum, the Lead Agency’s findings on the project, or elsewhere in the record. This explanation must be supported by substantial evidence.
(Reference: State CEQA Guidelines, § 15164.)
8.07 STAGED EIR.
When a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project in a general form or manner. A Staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of an entire project. The particular aspect of the project before the City for approval shall be discussed with a greater degree of specificity.
When a Staged EIR has been prepared, a Supplemental EIR shall be prepared when a later approval is required for the project and the information available at the time of the later approval Local Guidelines for Implementing the
California Environmental Quality Act (2023) TYPES OF EIRS 2023 City of Big Bear Lake Local Guidelines 8-5 ©Best Best & Krieger LLP would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project.
(Reference: State CEQA Guidelines, § 15167.)
8.08 PROGRAM EIR.
A Program EIR is an EIR that may be prepared on an integrated series of actions that are related either:
(a) Geographically;
(b) As logical parts in a chain of contemplated actions; (c) In connection with the issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or
(d) As individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects that can be mitigated in similar ways.
An advantage of using a Program EIR is that it can “[a]llow the Lead Agency to consider broad policy alternatives and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts.” (State CEQA Guidelines section 15168(b)(4).) A Program EIR is distinct from a Project EIR, as a Project EIR is prepared for a specific project and must examine in detail site-specific considerations. Program EIRs are commonly used in conjunction with the process of tiering.
Tiering is the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs. (State CEQA Guidelines section 15385; see also Local Guidelines Sections 8.02 and 11.73.) Tiering is proper “when it helps a public agency to focus upon the issues ripe for decision at each level of environmental review and in order to exclude duplicative analysis of environmental effects examined in previous environmental impact reports.” (Pub. Res. Code, § 21093(a).) For example, the California Supreme Court has ruled that “CEQA does not mandate that a first-tier program EIR identify with certainty particular sources of water for second-tier projects that will be further analyzed before implementation during later stages of the program. Rather, identification of specific sources is required only at the second-tier stage when specific projects are considered.” (In re Bay-Delta etc. (2008) 43 Cal. 4th 1143.) Subsequent activities in the program must be examined in light of the Program EIR to determine whether additional environmental documents must be prepared. Additional environmental review documents must be prepared if the proposed later project may arguably cause significant adverse effects on the environment.
(Reference: State CEQA Guidelines, § 15168.)
8.09 USE OF A PROGRAM EIR WITH SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS.
A Program EIR can be used to simplify the task of preparing environmental documents on later activities in the program. The Program EIR can:
Local Guidelines for Implementing the
California Environmental Quality Act (2023) TYPES OF EIRS 2023 City of Big Bear Lake Local Guidelines 8-6 ©Best Best & Krieger LLP (a) Provide the basis for an Initial Study to determine whether the later activity may have any significant effects;
(b) Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives and other factors that apply to the program as a whole; or
(c) Focus an EIR on a later activity to permit discussion solely of new effects which had not been considered before.
If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program EIR. Where the later activities involve site-specific operations, the City should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were within the scope of the Program EIR. If a later activity would have effects that were not examined in the Program EIR, a new Initial Study would need to be prepared leading to an EIR, Negative Declaration, or Mitigated Negative Declaration. That later analysis may tier from the Program EIR as provided in State CEQA Guidelines section 15152.
If the City finds that no Subsequent EIR would be required, the City can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required. (See Local Guidelines Section 8.04.) Whether a later activity is within the scope of a Program EIR is a factual question that the Lead Agency determines based on substantial evidence in the record. Factors that the Lead Agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. (Reference: State CEQA Guidelines, § 15168.)
8.10 USE OF AN EIR FROM AN EARLIER PROJECT.
A single EIR may be used to describe more than one project when the projects involve substantially identical environmental impacts. Any environmental impacts peculiar to one of the projects must be separately set forth and explained.
(Reference: State CEQA Guidelines, § 15165.)
8.11 MASTER EIR.
A Master EIR is an EIR which may be prepared for:
(a) A general plan (including elements and amendments); (b) A specific plan;
(c) A project consisting of smaller individual projects to be phased; (d) A regulation to be implemented by subsequent projects; (e) A project to be carried out pursuant to a development agreement; (f) A project pursuant to or furthering a redevelopment plan; (g) A state highway or mass transit project subject to multiple reviews or approvals; or Local Guidelines for Implementing the
California Environmental Quality Act (2023) TYPES OF EIRS 2023 City of Big Bear Lake Local Guidelines 8-7 ©Best Best & Krieger LLP (h) A regional transportation plan or congestion management plan.
A Master EIR must do both of the following:
(a) Describe and present sufficient information about anticipated subsequent projects within its scope, including their size, location, intensity, and scheduling; and (b) Preliminarily describe potential impacts of anticipated subsequent projects for which insufficient information is available to support a full impact assessment.
The City and Responsible Agencies identified in the Master EIR may use the Master EIR to limit environmental review of subsequent projects. However, the Lead Agency for the subsequent project must prepare an Initial Study to determine whether the subsequent project and its significant environmental effects were included in the Master EIR. If the Lead Agency for the subsequent project finds that the subsequent project will have no additional significant environmental effect and that no new mitigation measures or alternatives may be required, it may prepare written findings to that effect without preparing a new environmental document. When the Lead Agency makes this finding, it must provide public notice of the availability of its proposed finding for public review and comment in the same manner as if it were providing public notice of the availability of a draft EIR. (See Sections 15177(d) and 15087 of the State CEQA Guidelines and Section 7.25 of these Local Guidelines.)
A previously certified Master EIR cannot be relied upon to limit review of a subsequent project if:
(a) A project not identified in the certified Master EIR has been approved and that project may affect the adequacy of the Master EIR for the subsequent project now under consideration; or
(b) The Master EIR was certified more than five (5) years before the filing of an application for the subsequent project, unless the City reviews the adequacy of the Master EIR and:
(1) Finds that, since the Master EIR was certified, no substantial changes have occurred that would cause the subsequent project to have significant environmental impacts, and there is no new information that the subsequent project would have significant environmental impacts; or (2) Prepares an Initial Study and either certifies a Subsequent or Supplemental EIR or adopts a Mitigated Negative Declaration that addresses any substantial changes or new information that would cause the subsequent project to have potentially significant environmental impacts. The certified subsequent or supplemental EIR must either be incorporated into the previously certified Master EIR or the City must identify any deletions, additions or other modifications to the previously certified Master EIR in the new document. The City may include a section in the subsequent or supplemental EIR that identifies these changes to the previously certified Master EIR.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) TYPES OF EIRS 2023 City of Big Bear Lake Local Guidelines 8-8 ©Best Best & Krieger LLP When the Lead Agency cannot find that the subsequent project will have no additional significant environmental effect and no new mitigation measures or alternatives will be required, it must prepare either a Mitigated Negative Declaration or an EIR for the subsequent project. (Reference: State CEQA Guidelines, § 15175.)
8.12 FOCUSED EIR.
A Focused EIR is an EIR for a subsequent project identified in a Master EIR. It may be used only if the City finds that the Master EIR’s analysis of cumulative, growth-inducing, and irreversible significant environmental effects is adequate for the subsequent project. The Focused EIR must incorporate by reference the Master EIR.
The Focused EIR must analyze additional significant environmental effects not addressed in the Master EIR and any new mitigation measures or alternatives not included in the Master EIR. “Additional significant effects on the environment” means those project-specific effects on the environment that were not addressed as significant effects on the environment in the Master EIR.
The Focused EIR must also examine the following:
(a) Significant effects discussed in the Master EIR for which substantial new information exists that shows those effects may be more significant than described in the Master EIR; (b) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows the effects may be more significant than described in the Master EIR; and
(c) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows those measures may now be feasible.
The Focused EIR need not examine the following effects:
(a) Those that were mitigated through Master EIR mitigation measures; or (b) Those that were examined in the Master EIR in sufficient detail to allow project-specific mitigation or for which mitigation was found to be the responsibility of another agency.
A Focused EIR may be prepared for a multifamily residential project not exceeding 100 units or a mixed use residential project not exceeding 100,000 square feet even though the project was not identified in a Master EIR, if the following conditions are met:
(a) The project is consistent with a general plan, specific plan, community plan, or zoning ordinance for which an EIR was prepared within five (5) years of the Focused EIR’s certification;
(b) The project does not require the preparation of a Subsequent or Supplemental EIR; and (c) The parcel is surrounded by immediately contiguous urban development, was previously developed with urban uses, or is within one-half mile of a rail transit station.
A Focused EIR for these projects should be limited to potentially significant effects that are project-specific and/or which substantial new information shows will be more significant than Local Guidelines for Implementing the
California Environmental Quality Act (2023) TYPES OF EIRS 2023 City of Big Bear Lake Local Guidelines 8-9 ©Best Best & Krieger LLP described in the Master EIR. No discussion shall be required of alternatives to the project, cumulative impacts of the project, or the growth-inducing impacts of the project. (Reference: State CEQA Guidelines, § 15179.5.)
8.13 SPECIAL REQUIREMENTS FOR REDEVELOPMENT PROJECTS.
An EIR for a redevelopment plan may be a Master EIR, Program EIR or Project EIR. An EIR for a redevelopment plan must specify whether it is a Master EIR, a Program EIR or a Project EIR. Normally, the City will not be a Lead Agency for a redevelopment plan. However, if the City is a Responsible Agency on such a project, the City should endeavor to ensure that the county and/or applicable city as the case may be, as Lead Agency, analyzes these impacts in accordance with CEQA.
If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program EIR. The Lead Agency should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were indeed covered in the Program EIR. If the Lead Agency finds that no new effects could occur, no new mitigation measures would be required or that State CEQA Guidelines sections 15162 and 15163 do not otherwise apply, the Lead Agency can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required.
If the EIR for a redevelopment plan is a Project EIR, all public and private activities or undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan.
Once certified, no subsequent EIRs will be needed unless required by State CEQA Guidelines sections 15162 or 15163. If a Master EIR is prepared for a redevelopment plan, subsequent projects will be subject to review if they would have effects that were not examined in the Master EIR. If no new effects could occur or no new mitigation measures would be required, the Lead Agency can approve the activity as being within the scope of the project covered by the Master EIR, and no new environmental document is required.
(Reference: State CEQA Guidelines, § 15180.)
Local Guidelines for Implementing the
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9. AFFORDABLE HOUSING
9.01 STREAMLINED, MINISTERIAL APPROVAL PROCESS FOR AFFORDABLE HOUSING PROJECTS The legislature has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing.
(a) An applicant may submit an application for a development that is subject to the streamlined, ministerial approval process and is not subject to a conditional use permit or any other non-legislative discretionary approval if the development satisfies all of the following objective planning standards:
(i) The development is a multifamily housing development that contains two or more residential units.
(ii) The development is located on a site that satisfies the following:
(A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (C))(1) A site that meets the requirements of clause (2) and satisfies any of the following:
(I) The site is zoned for residential use or residential mixed-use development.
(II) The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III) The site is zoned for office or retail commercial use and meets the requirements of Gov. Code section 65852.24.
(2) At least two-thirds of the square footage of the development designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Government Code section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-2 ©Best Best & Krieger LLP (iii) If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction or covenant providing that any lower or moderate income housing units required pursuant to subparagraph B of Paragraph (iv) of this Subsection shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for the following applicable minimum durations:
(A) Fifty-five years for units that are rented.
(B) Forty-five years for units that are owned.
(iv) The development satisfies subparagraphs (A) and (B) below:
(A) The development is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the department’s determination for the next reporting period. A locality shall be subject to this subparagraph if it has not submitted an annual housing element report to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section. (B) The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following:
(1) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project does either of the following:
A. The project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that local ordinance applies.
B. If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (A), dedicates 20 percent of the total number of units, before calculating any density bonus, to Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-3 ©Best Best & Krieger LLP housing affordable to households making below 120 percent of the area median income with the average income of the units at or below 100 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 120 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 120 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 120 percent of the area median income shall not exceed 30 percent of the gross income of the household. For purposes of this subclause, “San Francisco Bay area” means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(2) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or that production report reflects that there were fewer units of housing affordable to households making at or below 80 percent of the area median income that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, and the project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that ordinance applies. (3) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or if the production report reflects that there were fewer units of housing affordable to any income level described in clause (i) or (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
(C)(i) A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Government Code section 65915, provided that the development proponent complies with the applicable requirements in the state or local law.
(C)(ii) A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-4 ©Best Best & Krieger LLP satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B). (C)(iii) A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
(v) The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Government Code section 65915, is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, “objective zoning standards” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(A) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(B) In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning standards pursuant to this section if the development is consistent with the standards set forth in the general plan. (C) A project that satisfies the requirements of Government Code section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Government Code section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, “residential hotel” shall have the same meaning as defined in Section 50519 of the Health and Safety Code. (vi) The development is not located on a site that is any of the following:
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-5 ©Best Best & Krieger LLP (A) A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C) Wetlands, as defined in the United States Fish and Wildlife Service Manual.
(D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E) A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(i) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code section 65962.5; or
(ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
.
(F) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-6 ©Best Best & Krieger LLP adopted by the California Building Standards Commission under the California Building Standards Law, Health and Safety Code section 18901, and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
(G) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Code of Federal Regulations section
59.1. (H) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Code of Federal Regulations section
60.3(d)(3).
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, Fish and Game Code section 2800, habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act, Fish and Game Code section 2050, or the Native Plant Protection Act, Fish and Game Code section 1900. (K) Lands under conservation easement.
(vii) The development is not located on a site where any of the following apply:
(A) The development would require the demolition of the following types of housing:
(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (3) Housing that has been occupied by tenants within the past 10 years.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-7 ©Best Best & Krieger LLP (B) The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (D) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property. (viii) The applicant has done both of the following, as applicable:
(A) Certified to the locality that either of the following is true, as applicable:
(1) The entirety of the development is a public work for purposes of Labor Code section 1720.
(2) If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Labor Code sections 1773 and 1773.9, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I) The development proponent shall ensure that the
prevailing wage requirement is included in all contracts for the performance of the work.
(II) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III) Except as provided in subsection (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Labor Code section 1776 and make those records available for inspection and copying as provided in therein.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-8 ©Best Best & Krieger LLP (IV) Except as provided in subsection (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Labor Code section 1741, which may be reviewed pursuant to Labor Code section 1742, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Labor Code section 1771.2. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Labor Code section 1742.1.
(V) Subsections (III) and (IV) shall not apply if all
contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in Public Contract Code section 2500(b)(1).
(VI) Notwithstanding Labor Code section 1773.1,
subdivision (c), the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Labor Code section 511 or 514.
(B)(1) For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved:
(I) On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. (II) On and after January 1, 2023, until December 31, 2025, the development consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-9 ©Best Best & Krieger LLP (III) On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV) On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(V) On and after January 1, 2023, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
(2) For purposes of this section, “skilled and trained workforce” has the same meaning as provided in the Public Contract Code section 2600. (3) If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development.
(II) Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III) Except as provided in subdivision (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Public Contract Code section 2600. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act. (Government Code section 7920.000, et seq.) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Public Contract Code section 2600 shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-10 ©Best Best & Krieger LLP issuance of civil wage and penalty assessments pursuant to Labor Code section 1741, and may be reviewed pursuant to the same procedures in Labor Code section 1742. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV) Subdivision (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in Public Contract Code section 2500(b)(1).
(C) Notwithstanding subparagraphs (A) and (B) above, a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(1) The project includes 10 or fewer units.
(2) The project is not a public work for purposes of Labor Code section 1720.
(ix) The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Government Code section 66410, et seq.) or any other applicable law authorizing the subdivision of land, unless either of the following apply:
(A) The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (viii). (B) The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (h). (x) The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law, Civil Code section 798, the Recreational Vehicle Park Occupancy Law, Civil Code section 799.20, the Mobilehome Parks Act, Health and Safety Code section 18200, or the Special Occupancy Parks Act, Health and Safety Code section 18860.
(b)(i)(A)(1) Before submitting an application for a development subject to the streamlined, ministerial approval process described in this section, the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1 of the Government Code, as that section read on January 1, 2020.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-11 ©Best Best & Krieger LLP (2) Upon receipt of a notice of intent to submit an application, the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development. (3) The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
A. The local government shall provide a formal notice of a development proponent's notice of intent to submit an application to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
1. A description of the proposed development.
2. The location of the proposed development.
3. An invitation to engage in a scoping consultation in accordance with this subdivision.
B. Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
C. If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
(B) The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe. (C) The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-12 ©Best Best & Krieger LLP traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
(1) The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(2) The development proponent and its consultants engage in the scoping consultation in good faith.
(3) The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
(D) The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements: (1) Government Code section 7927.000; Government Code section 7927.005; Public Resources Code section 21083.3, subdivision (c); (4) State CEQA Guidelines section 15120, subdivision (d); and any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
(E) CEQA does not apply to the scoping consultation conducted pursuant to this subdivision.
(b)(ii)(A) If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in this section .
(B) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in this section. The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(C) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-13 ©Best Best & Krieger LLP government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in this section.
(D) For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(1) The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present. (2) One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E) If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(b)(iii) A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
(A) A California Native American tribe that received a formal notice of the development proponent's notice of intent to submit an application pursuant to this section did not accept the invitation to engage in a scoping consultation. (B) The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to this section but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe. (C) The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development.
(D) A scoping consultation between a California Native American tribe and the local government has occurred and resulted in an agreement. (b)(iv) A project shall not be eligible for the streamlined, ministerial process described in this section if any of the following apply:
(A) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-14 ©Best Best & Krieger LLP (B) There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in this section.
(C) The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(b)(v)(A) If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial process described in this section for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
(1) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project. (2) The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment.
(3) The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development. (b)(v)(B) The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
(b)(vi) This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government. (b)(vii) For purposes of this subdivision:
(A) “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement.
Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-15 ©Best Best & Krieger LLP Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the “State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines” prepared by the Office of Planning and Research.
(B) “Scoping” means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
(b) (viii) This subdivision (b) shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before September 25, 2020.
(c) (i) If a local government determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (iii) of this subdivision, it shall approve the development. If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A) Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units. (ii) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(iii) For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (g), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-16 ©Best Best & Krieger LLP (d) (i) Any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(ii) If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (ix) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Government Code section 66410)) shall be exempt from the requirements of CEQA and shall be subject to the public oversight timelines set forth in paragraph (i).
(iii) If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (i), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (i) of subdivision (c).
(e) (i) Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A) The development is located within one-half mile of public transit. (B) The development is located within an architecturally and historically significant historic district.
(C) When on-street parking permits are required but not offered to the occupants of the development.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-17 ©Best Best & Krieger LLP (D) When there is a car share vehicle located within one block of the development.
(ii) If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(f) (i) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project satisfies both of the following requirements:
(A) The project includes public investment in housing affordability, beyond tax credits.
(B) At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
(ii) If a local government approves a development pursuant to this section and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (f)(i), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, “in progress” means one of the following:
(A) The construction has begun and has not ceased for more than 180 days.
(B) If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
(C) Notwithstanding subparagraph (ii), a local government may grant a project a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-18 ©Best Best & Krieger LLP (iii) If the development proponent requests a modification pursuant to subdivision (g), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
(g) (i)(A) A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (b) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(i)(B) Except as provided in paragraph (g)(iiii), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted. (i)(C) The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (b).
(i)(D) A guideline that is adopted or amended by the Department of Housing and Community Development after a development is approved through the streamlined, ministerial approval process described in subdivision (b) shall not be used as a basis to deny proposed modifications.
(ii) Upon receipt of the development proponent’s application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required. (iii) Notwithstanding paragraph (g)(i), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A) The development is revised such that the total number of residential units or total square footage of construction changes by 15 percent Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-19 ©Best Best & Krieger LLP or more. The calculation of the square footage of construction changes shall not include underground space.
(B) The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Government Code section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes shall not include underground space.
(C) Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after first building permit application if agreed to by the development proponent.
(iv) The local government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification. (h) (i) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section. (ii) A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (b). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-20 ©Best Best & Krieger LLP proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a “subsequent permit” means a permit required subsequent to receiving approval under subdivision (b), and includes, but is not limited to, demolition, grading, and building permits and final maps, if necessary.
(i) (i) This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of Government Code section 65583.2(i).
(ii) This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Government Code section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(j) CEQA does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(i) Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (ii) Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(k) For purposes of this section the following definitions shall apply:
(1) “Affordable housing cost” has the same meaning as set forth in section 50052.5 of the Health and Safety Code.
(2) (A) Subject to the qualification provided by subparagraph (B), Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-21 ©Best Best & Krieger LLP “affordable rent” has the same meaning as set forth in Section 50063 of the Health and Safety Code.
(B) For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 percent of the total number of units to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (k)(1), and “affordable rent” for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
(3) “Department” means the Department of Housing and Community Development.
(4) “Development proponent” means the developer who submits an application for streamlined approval pursuant to this section.
(5) “Completed entitlements” means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6) “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(7) “Moderate income housing units” means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (8) “Production report” means the information reported pursuant to `subparagraph (D) of paragraph (2) of subdivision (a) of Government Code section 65400.
(9) “State agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(10) “Subsidized” means units that are price or rent restricted such that the units are affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-22 ©Best Best & Krieger LLP (11) “Reporting period” means either of the following:
(A) The first half of the regional housing needs assessment cycle. (B) The last half of the regional housing needs assessment cycle. (12) “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(l) The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (b) is not a “project” under CEQA.
(m) This section shall remain in effect until January 1, 2026. (Reference: Gov. Code, § 65913.4.)
9.02 MINISTERIAL APPROVAL PROCESS FOR URBAN LOT SPLITS AND HOUSING DEVELOPMENTS
WITH NO MORE THAN TWO RESIDENTIAL UNITS WITHIN A SINGLE-FAMILY RESIDENTIAL ZONE (SB 9)
(a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, and shall therefore not be subject to CEQA, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel is not located on a site that is any of the following:
(A) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction;
(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-23 ©Best Best & Krieger LLP (C) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code—unless the parcel is a site excluded from the specified hazard zone by a local agency, or is a site that has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
(D) A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
(E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law, and by any local building department;
(F) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency;
(G) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the
development has received a no-rise certification;
(H) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resources protection plan;
(I) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act; or lands under conservation easement; or Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-24 ©Best Best & Krieger LLP (J) Lands under conservation easement.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows; or
(B) The site has not been occupied by a tenant in the last three years (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
Other regulations governing the approval of a housing development under this section are set forth in Government Code section 65852.21(a). (b) Notwithstanding any other provision of local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split—and such urban lot split shall therefore not be subject to CEQA—only if the local agency determines that the parcel map for the urban lot split meets all of the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-25 ©Best Best & Krieger LLP (2) Both newly created parcels are no smaller than 1,200 square feet, except that a local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval.
(3) The parcel being subdivided meets all of the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel is not located on a site enumerated in Paragraph (a)(2) above.
(D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights to withdraw
accommodations from rent or lease within 15 years before the date that the development proponent submits an
application.
(iv) Housing that has been occupied by a tenant in the last three years.
(E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-26 ©Best Best & Krieger LLP adjacent parcel using an urban lot split as provided for in this section.
Other regulations governing the approval of an urban lot split under this section are set forth in Government Code section 65852.21(b).
9.03 APPROVAL OF ORDINANCE TO ZONE ANY PARCEL FOR UP TO 10 UNITS OF RESIDENTIAL DENSITY PER PARCEL IN CERTAIN CIRCUMSTANCES (SB 10)
(a) A local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in a transit-rich area or an urban infill site. This subsection shall not apply to either of the following:
(1) Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This paragraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(2) Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes.
(b) An ordinance adopted in accordance with this section, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that zoning ordinance, shall not constitute a “project” under CEQA. (c) Notwithstanding any other law that allows ministerial or by right approval of a development project or that grants an exemption from CEQA, a residential or mixed-use residential project consisting of more than 10 new residential units on one or more parcels that are zoned pursuant to an ordinance adopted under this section shall not be approved ministerially or by right and shall not be exempt from CEQA. This subdivision, however, shall not apply to a project located on a parcel or parcels that are zoned pursuant to an ordinance adopted under this section, but subsequently rezoned without regard to this section. A subsequent ordinance adopted to rezone the parcel or parcels shall not be exempt from CEQA. Any environmental review conducted to adopt the subsequent ordinance shall consider the change in the zoning applicable to the parcel or parcels before they were zoned or rezoned pursuant to the ordinance adopted under this section.
Other regulations governing the approval of an ordinance under this section are set forth in Government Code section 65913.5.
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9.04 HOUSING SUSTAINABILITY DISTRICTS.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries. The general plan must contain seven mandatory elements, including a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Senate Bill 73 authorizes a city, county, or city and county, including a charter agency, to establish by ordinance a housing sustainability district that meets specified requirements, including authorizing residential use within the district through the ministerial issuance of a permit. The agency is authorized to apply to the Department of Housing and Community Development for approval of a zoning incentive payment and requires the agency to provide specified information about the proposed housing sustainability district ordinance. The department is required to approve a zoning incentive payment if the ordinance meets the above-described requirements and the agency’s housing element is in compliance with specified law.
A city, county, or city and county with a housing sustainability district would be entitled to a zoning incentive payment, subject to appropriation of funds for that purpose, and require that one-half of the amount be paid when the department approves the zone and one-half of the amount be paid when the department verifies that permits for the construction of the units have issued within the zone, provided that the city, county, or city and county has received a certificate of compliance for the applicable year. If the agency reduces the density of sites within the district from specified levels set forth in the Senate Bill 73, the agency would be required to return the full amount of zoning incentive payments it has received to the department. The bill also authorizes a developer to develop a project in a housing sustainability district in accordance with the already existing land use approval procedures that would otherwise apply to the parcel in the absence of the establishment of the housing sustainability district pursuant to its provisions, as provided.
As it relates specifically to CEQA, a Lead Agency designating a housing sustainability district is required to prepare an EIR pursuant to Government Code section 66201 to identify and mitigate, to the extent feasible, environmental impacts resulting from the designation. The EIR shall identify mitigation measures that may be undertaken by housing projects in the housing sustainability district to mitigate the environmental impacts identified in the EIR. Housing projects undertaken in the housing sustainability districts that meet specified requirements, including if the project satisfies certain design review standards applicable to development projects within the district provided the project is “complementary to adjacent buildings and structures and is consistent with the [agency’s] general plan,” are exempt under CEQA.
9.05 INTERIM MOTEL HOUSING PROJECTS.
“Interim motel housing projects” are statutorily exempt from CEQA. A project is exempt from CEQA as an “interim motel housing project” where the project consists of the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing and the conversion meets at least one of the following conditions: (1) the conversion does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure; and (2) the conversion does not result in any significant effects relating to traffic, noise, air quality, or water quality.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-28 ©Best Best & Krieger LLP If the City determines that a project is exempt from CEQA as an interim motel housing project, it must file a Notice of Exemption with the State Clearinghouse. (Reference: Pub. Resources Code, § 21080.50 [in effect until January 1, 2025].)
9.06 SUPPORTIVE HOUSING AND “NO PLACE LIKE HOME” PROJECTS.
A decision by the City to seek funding from, or the Department of Housing and Community Development’s awarding of funds pursuant to, the “No Place Like Home Program” (set forth in Part 3.9 of Division 5 of the Welfare and Institutions Code, commencing with Section 5849.1) does not constitute a “project” under CEQA.
“Supportive housing” in areas where multifamily and mixed uses are permitted may be a “use by right” and thus exempt from CEQA if the supportive housing project meets certain criteria set forth in Government Code section 65651. A “supportive housing” project is a project that provides housing with no limit on length of stay, that is occupied by persons within the target population—i.e., persons with disabilities, families who are homeless, or homeless youth—and that is linked to onsite or offsite services that assist the supportive housing resident to retain housing, improve their health status, and maximize their ability to live and, when possible, work in the community. A policy by a city or county to approve as a use by right proposed housing developments with a limit higher than 50 units does not constitute a “project” under CEQA. To see the requirements of the exemptions relating to supportive housing, please see Government Code section 65651.
If a No Place Like Home project is not exempt from CEQA under Government Code section 65651, the development applicant may request, within 10 days after the City determines the type of environmental documentation required for the project under CEQA, that the City prepare and certify the record of proceeding for the environmental review of the No Place Like Home project in accordance with Public Resources Code section 21186.
If the City approves or determines to carry out a No Place Like Home project that is subject to CEQA, the City shall file a notice of that approval or determination in accordance with the requirements of Public Resources Code section 21151, subdivision (a), except that the Notice of Determination shall be filed within two working days after the approval or determination becomes final. Likewise, if the City approves or determines to carry out a No Place Like Home project that is not subject to CEQA, the City shall file a Notice of Exemption in accordance with the requirements of Public Resources Code section 21152, subdivision (b), except that the Notice of Exemption shall be filed within two working days after the approval or determination becomes final.
(Reference: Pub. Resources Code, § 21163, et seq.; Gov. Code, § 65651; Health & Safety Code, § 50675.14.)
9.07 SHELTER CRISIS AND EMERGENCY HOUSING.
An action taken by certain cities, counties, or state agencies to lease, convey, or encumber land owned by a city or county—or an action to facilitate the lease, conveyance, or encumbrance of land owned by the local government—for, or to provide financial assistance to, a homeless Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-29 ©Best Best & Krieger LLP shelter constructed pursuant to the provisions of Government Code section 8698.4 is statutorily exempt from CEQA. This narrow exception applies to specified efforts to assist specified cities or counties that have declared a shelter crisis and seek to build a homeless shelter. To see all the requirements of this exemption, please see Government Code section 8698.4. (Reference: Gov. Code, § 8698.4 [in effect until January 1, 2023].)
9.08 AFFORDABLE HOUSING DEVELOPMENTS IN COMMERCIAL ZONES.
A proposed affordable multifamily housing development project is subject to streamlined, ministerial review and is not subject to CEQA if it meets the following requirements:
1. One hundred percent of the units within the development project, excluding managers’ units, must be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units must be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
2. The proposed development must meet applicable objective zoning standards, objective subdivision standards, and objective design review standards as further defined in Government Code section 65912.113(f) & (g).
3. The proposed housing development must meet certain density requirements set forth in Government Code section 65583.2(c)(3).
4. The project must be located in a zone where office, retail, or parking are a principally permitted use.
5. At least 75 percent of the perimeter of the project site must adjoin parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered adjoined.
6. The project may not be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
7. The project site must be located on a legal parcel or parcels that are either (a) in a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or (b) in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
8. None of the proposed housing may be located within 500 feet of a freeway.
9. None of the proposed housing may be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
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10. The project may not be located on a site that qualifies as either prime farmland or farmland of statewide importance.
11. The project site may not be located in wetlands.
12. The project site may not be located in a very high fire hazard severity zone.
13. The project site may not be located on a hazardous waste site, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(E).
14. The project site may not be located within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards as set forth in Government Code section 65913.4(a)(6)(F).
15. The project may not be located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (“FEMA”).
16. The project site may not be located within a regulatory floodway as determined by FEMA, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(H).
17. The project site may not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act, or other adopted natural resource protection plan.
18. The project site may not be located on habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act, the California Endangered Species Act, or the Native Plant Protection Act.
19. The project site may not be located on lands under conservation easement.
20. The project site may not be located on an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
21. For a project proposed on a site within a neighborhood plan area, the applicable neighborhood plan must permit multifamily housing development on the site.
Additional requirements apply to projects within a neighborhood plan area as of January 1, 2024, as set forth in Government Code section 65912.113(i).
22. For a project proposed on a vacant site, the project may not result in significant and unavoidable impacts to tribal cultural resources on the site.
23. The development proponent must complete a Phase I Environmental Site Assessment, and the proponent must undertake additional measures if a Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-31 ©Best Best & Krieger LLP recognized environmental condition is found as set forth in Government Code section 65912.113(c).
A project approved under this section must meet certain labor standards, as set forth in Government Code section 65912.130, et seq. For example, a private housing development project under this section is subject to a requirement that all construction workers employed in the execution of the development be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations. (Reference: Gov. Code, § 65912.110, et seq.)
9.09 MIXED-INCOME HOUSING DEVELOPMENTS ALONG COMMERCIAL CORRIDORS.
A proposed multifamily housing development project is subject to streamlined, ministerial review and is not subject to CEQA if it meets the following requirements:
1. The proposed development project must meet all of the following affordability criteria, as set forth in greater detail in Government Code section 65912.122:
(a)(1) A rental housing development shall include either of the following:
(A) Eight percent of the units for very low income households and 5 percent of the units for extremely low income households; or (B) Fifteen percent of the units for lower income households. (2) The development proponent must agree to, and the local government must ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years.
(b)(1) An owner-occupied housing development shall include either of the following:
(A) Thirty percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households; or
(B) Fifteen percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households.
(2) The development proponent must agree to, and the local government must ensure, the continued affordability of all affordable rental units included pursuant to this section for 45 years.
(c) If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following:
Local Guidelines for Implementing the
California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Big Bear Lake Local Guidelines 9-32 ©Best Best & Krieger LLP (1) The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher.
(2) The development project shall meet the lowest income targeting in either policy.
(3) If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable to very low and extremely low income households, then the rental housing development shall do both of the following:
(A) Include 8 percent of the units for very low income
households and 5 percent of the units for extremely low income households; and
(B) Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local policy at the highest required
affordability level.
(d) Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.
2. The project site must abut a commercial corridor and have frontage along the commercial corridor of at least 50 feet.
3. The project site may not be greater than 20 acres.
4. The project must be located in a zone where office, retail, or parking are a principally permitted use.
5. At least 75 percent of the perimeter of the project site must adjoin parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered adjoined.
6. The project may not be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
7. The project site must be located on a legal parcel or parcels that are either (a) in a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or (b) in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
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8. The proposed development must meet applicable objective zoning standards, objective subdivision standards, and objective design review standards as further explained in Government Code section 65912.123(j).
9. The proposed housing development must meet certain density requirements set forth in Government Code section 65912.123(b).
10. The proposed housing development must meet certain height and setback requirements set forth in Government Code section 65912.123(c)-(d).
11. The project may not be located on a site where any of the following would apply:
(a) The development would require the demolition of the following types of housing: (i) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; (iii) or housing that has been occupied by tenants within the past 10 years, excluding any manager’s units.
(b) The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submitted its application for the development.
(c) The site would require the demolition of a historic structure that was placed on a national, state, or local historic register. (d) The property contains one to four dwelling units.
(e) The property is vacant and zoned for housing but not for multifamily residential use.
(f) The existing parcel of land or site is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act
12. None of the proposed housing may be located within 500 feet of a freeway.
13. None of the proposed housing may be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
14. The project may not be located on a site that qualifies as either prime farmland or farmland of statewide importance.
15. The project site may not be located in wetlands.
16. The project site may not be located in a very high fire hazard severity zone.
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17. The project site may not be located on a hazardous waste site, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(E).
18. The project site may not be located within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards as set forth in Government Code section 65913.4(a)(6)(F).
19. The project may not be located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (“FEMA”).
20. The project site may not be located within a regulatory floodway as determined by FEMA, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(H).
21. The project site may not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act, or other adopted natural resource protection plan.
22. The project site may not be located on habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act, the California Endangered Species Act, or the Native Plant Protection Act.
23. The project site may not be located on lands under conservation easement.
24. For a project proposed on a site within a neighborhood plan area, the applicable neighborhood plan must permit multifamily housing development on the site.
Additional requirements apply to projects within a neighborhood plan area as of January 1, 2024, as set forth in Government Code section 65912.121(i).
25. For a project proposed on a vacant site, the project may not result in significant and unavoidable impacts to tribal cultural resources on the site.
26. The development proponent must complete a Phase I Environmental Site Assessment, and the proponent must undertake additional measures if a recognized environmental condition is found as set forth in Government Code section 65912.123(f).
A project approved under this section must meet certain labor standards, as set forth in Government Code section 65912.130, et seq. For example, a private housing development project under this section is subject to a requirement that all construction workers employed in the execution of the development be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations. (Reference: Gov. Code, § 65912.120, et seq.)
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10. CEQA LITIGATION
10.01 TIMELINES.
When a CEQA lawsuit is filed, there are numerous and complex time requirements that must be met. Pressing deadlines begin to run in the days immediately after a CEQA lawsuit has been filed with the Court. For example, within ten (10) business days of the public agency being served with a petition or complaint alleging a violation of CEQA, the City, if it was the Lead Agency, must provide the petitioner with a list of Responsible Agencies and public agencies with jurisdiction by law over any natural resource affected by the project at issue. There are a variety of other deadlines that apply in CEQA litigation.
If a CEQA lawsuit is filed, CEQA counsel should be contacted immediately in order to ensure that all the applicable deadlines are met.
10.02 MEDIATION AND SETTLEMENT.
After Litigation Has Been Filed. The parties in a CEQA lawsuit are required to meet and discuss settlement. Within twenty (20) days of being served with a CEQA legal challenge, the public agency named in the lawsuit must file a notice with the court setting forth the time and place for a settlement meeting. The meeting must be scheduled and held not later than forty-five (45) days from the date of service of the petition or complaint upon the public agency. Usually the main parties to the litigation (such as the Lead Agency, the developer of the project if there is one, and those challenging the project and their respective attorneys) meet to discuss settlement; there is no requirement to hire a professional mediator. The settlement meeting is usually subject to a confidentiality agreement.
If the parties in a CEQA lawsuit are in settlement or mediation, that attempt is intended to occur concurrently with the litigation. This means that the respondent public agency will be required to comply with all existing litigation timelines and requirements (for example, preparing and lodging the administrative record discussed below) while simultaneously conducting settlement or mediation, unless the parties enter into an alternate agreement to stay the litigation and that agreement is approved by the court.
10.03 ADMINISTRATIVE RECORD.
A. Contents of Administrative Record.
When the Lead Agency’s CEQA finding(s) and/or action is challenged in a lawsuit, the Lead Agency must certify the administrative record that formed the basis of the Lead Agency’s decision. To the extent the documents listed below exist and are not subject to a privilege that exempts them from disclosure, the following items should be included in the administrative record:
(1) All project application materials;
(2) All staff reports and related documents prepared by the public agency with respect to its compliance with the substantive and procedural requirements of CEQA and with respect to the action on the project;
Local Guidelines for Implementing the
California Environmental Quality Act (2023) CEQA LITIGATION 2023 City of Big Bear Lake Local Guidelines 10-2 ©Best Best & Krieger LLP (3) All staff reports and related documents prepared by the public agency and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the public agency pursuant to CEQA or these Local Guidelines;
(4) Any transcript or minutes of the proceedings at which the decision-making body of the public agency heard testimony on or considered any environmental document on the project, and any transcript or minutes of proceedings before any advisory body to the respondent public agency that were presented to the decision-making body prior to action on the environmental documents or on the project; (5) All notices issued by the public agency to comply with CEQA or with any other law governing the processing and approval of the project; (6) All written comments received in response to, or in connection with, environmental documents prepared for the project, including responses to the notice of preparation;
(7) All written evidence or correspondence submitted to, or transferred from, the public agency with respect to compliance with CEQA or with respect to the project; (8) Any proposed decisions or findings submitted to the decision-making body of the public agency by its staff or the project proponent, project opponents, or other persons, to the extent such documents are subject to public disclosure; (9) The documentation of the final public agency decision, including the final environmental impact report, mitigated negative declaration, or negative declaration, and all documents, in addition to those referenced in paragraph (3) above, cited or relied on in the findings or in a statement of overriding considerations adopted pursuant to CEQA;
(10) Any other written materials relevant to the respondent public agency’s compliance with CEQA or to its decision on the merits of the project, including the initial study; any drafts of any environmental document, or portions thereof, that were released for public review; copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the public agency’s files on the project; and internal agency communications related to the project or to compliance with CEQA, to the extent such documents are subject to public disclosure; and
(11) The full written record before any inferior administrative decision-making body whose decision was appealed prior to the filing of the lawsuit.
B. Organization of Administrative Record.
The administrative record should be organized as follows:
Local Guidelines for Implementing the
California Environmental Quality Act (2023) CEQA LITIGATION 2023 City of Big Bear Lake Local Guidelines 10-3 ©Best Best & Krieger LLP (1) Index. A detailed index must be included at the beginning of the administrative record listing each document in the order presented. Each entry must include the document’s title, date, brief description, and the volume and page where the document begins;
(2) The Notice of Determination;
(3) The resolutions or ordinances adopted by the Lead Agency approving the project; (4) The findings required by Public Resources Code section 21081, including any statement of overriding considerations;
(5) The Final EIR, including the Draft EIR or a revision of the draft, all other matters included in the Final EIR (such as traffic studies and air quality studies), or other types of environmental documents prepared under CEQA, such as a negative declaration, mitigated negative declaration, or addenda; (6) The initial study;
(7) Staff reports prepared for the administrative bodies providing subordinate approvals or recommendations to the Lead Agency, in chronological order; (8) Transcripts and minutes of hearings, in chronological order; and (9) All other documents appropriate for inclusion in the administrative record, in chronological order.
Each section listed above must be separated by tabs or marked with electronic bookmarks.
Oversized documents (such as building plans and maps) must be presented in a manner that allows them to be easily unfolded and viewed.
The court may issue an order allowing the documents to be organized in a different manner.
C. Preparation of Administrative Record.
The administrative record can be prepared: (1) by the petitioner, if the petitioner elects to do so, or (2) by the Lead Agency. The petitioner and the Lead Agency can also agree on any alternative method of preparing the record. However, when a third party such as the project applicant prepares or assists with the preparation of the administrative record, the Lead Agency may not be able to recover fees incurred by the third party unless petitioner has agreed to this method of preparation.
Notwithstanding the above, upon the written request of a project applicant received no later than 30 days after the date that the Lead Agency makes a determination pursuant to Public Resources Code section 21080.1, 21094.5, or Chapter 4.2 (commencing with Public Resources Code section 21155) and with the written consent of the Lead Agency sent within 10 business days from receipt of the written request, the Lead Agency may prepare the administrative record concurrently with the administrative process. Should the Lead Agency and the project applicant Local Guidelines for Implementing the
California Environmental Quality Act (2023) CEQA LITIGATION 2023 City of Big Bear Lake Local Guidelines 10-4 ©Best Best & Krieger LLP so desire to pursue concurrent record preparation, the parties must comply with the provisions of Public Resources Code section 21167.6.2.
D. Special Circumstances For Environmental Leadership Projects.
Special timing considerations and requirements apply if the Project is certified by the Governor as an Environmental Leadership Project pursuant to the “Jobs and Economic Improvement Through Environmental Leadership Act of 2021.” For example, the administrative record must be finished and certified within five (5) days of project approval. See Public Resources Code section 21186 for a complete discussion of the special requirements related to the preparation of an administrative record for an Environmental Leadership Project.
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California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-1 ©Best Best & Krieger LLP
11. DEFINITIONS
Whenever the following terms are used in these Local Guidelines, they shall have the following meaning unless otherwise expressly defined:
11.01 “Agricultural Employee” means a person engaged in agriculture, which includes farming in all its branches, and, among other things, includes: (1) the cultivation and tillage of the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, (4) the raising of livestock, bees, furbearing animals, or poultry, and (5) any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.
This definition does not include any person covered by the National Labor Relations Act as agricultural employees pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code). This definition does not apply to employees who perform work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 United States Code section 158(e)) or logging or timber-clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above. As used in this definition, “land leveling” shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. (State CEQA Guidelines section 15191(a).)
11.02 “Applicant” means a person who proposes to carry out a project that requires a lease, permit, license, certificate, or other entitlement for use, or requires financial aid from one or more public agencies when applying for governmental approval or assistance.
11.03 “Approval” means a decision by the decision-making body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decision-making body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project.
For purposes of these Local Guidelines, all environmental documents must be completed as of the time of project approval.
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11.04 “Baseline” refers to the pre-project environmental conditions. By comparing the project’s potential impacts to the baseline, the Lead Agency determines whether the project’s impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date the Notice of Preparation is published for an EIR or the date the Notice of Intent to Adopt a Negative Declaration is published. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence.
11.05 “California Native American Tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.
11.06 “Categorical Exemption” means an exemption from CEQA for a class of projects based on a finding by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment.
11.07 “Census-Defined Place” means a specific unincorporated land area within boundaries determined by the United States Census Bureau in the most recent decennial census.
11.08 “CEQA” means the California Environmental Quality Act, codified at California Public Resources Code sections 21000, et seq.
11.09 “City” means the City of Big Bear Lake.
11.10 “Clerk” means either the “Clerk of the Board” or the “County Clerk” depending upon the county. Please refer to the “Index to Environmental Filing by County” in the Staff Summary to determine which applies.
11.11 “Community-Level Environmental Review” means either (1) or (2) below:
(1) An EIR certified for any of the following:
(a) A general plan;
(b) A revision or update to the general plan that includes at least the land use and circulation elements;
(c) An applicable community plan;
(d) An applicable specific plan; or
(e) A housing element of the general plan, if the Environmental Impact Report analyzed the environmental effects of the density of the proposed project;
(2) A Negative Declaration or Mitigated Negative Declaration adopted as a subsequent environmental review document, following and based upon an EIR on a general plan, an applicable community plan or specific plan, provided that the subsequent environmental review document is allowed by CEQA following Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-3 ©Best Best & Krieger LLP a Master EIR or a Program EIR or is required pursuant to Public Resource Section 21166.
11.12 “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural significance.
11.13 “Cumulative Impacts” means two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.
The individual effects may be changes resulting from a single project or a number of separate projects, whether past, present or future.
The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
11.14 “Cumulatively Considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
11.15 “Decision-Making Body” means the body within the City, e.g. the City Council, which has final approval authority over the particular project.
11.16 “Developed Open Space” means land that meets each of the following three criteria:
(1) Is publicly owned, or financed in whole or in part by public funds; (2) Is generally open to, and available for use by, the public; and (3) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ball fields, enclosed child play areas, and picnic facilities.
Developed Open Space may include land that has been designated for acquisition by a public agency for developed open space purposes, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.
11.17 “Development Project” means any project undertaken for the purpose of development, including any project involving the issuance of a permit for construction or reconstruction but not a permit to operate. It does not include any ministerial projects proposed to be carried out or approved by public agencies. (Government Code section 65928.)
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11.18 “Discretionary Project” means a project for which approval requires the exercise of independent judgment, deliberation, or decision-making on the part of the City. To determine whether a project is discretionary, the key question is whether the public agency can use its subjective judgment to decide whether and how to carry out or approve a project.
11.19 “EIR” means Environmental Impact Report, a detailed written statement setting forth the environmental effects and considerations pertaining to a project. EIR may mean a Draft or a Final version of an EIR, a Project EIR, a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Redevelopment EIR, a Master EIR, or a Focused EIR.
11.20 “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot, war, terrorist incident, accident or sabotage.
11.21 “Endangered, Rare or Threatened Species” means certain species or subspecies of animals or plants. A species or subspecies of animal or plant is “Endangered” when its survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors. A species or subspecies of animal or plant is “Threatened” when it is listed as a threatened species pursuant to the California Endangered Species Act or the Federal Endangered Species Act. A species or subspecies of animal or plant is “Rare” when either:
(1) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or
(2) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and many be considered “threatened” as that term is used in the Federal Endangered Species Act.
For purposes of analyzing impacts to biological resources, a species of animal or plant shall be presumed to be endangered, rare or threatened if it is listed under the California Endangered Species Act or the Federal Endangered Species Act.
This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by the Director of Food and Agriculture (with regard to economic pests) or the Director of Health Services (with regard to health risks).
11.22 “Environment” means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved shall Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-5 ©Best Best & Krieger LLP be the area in which significant effects would occur either directly or indirectly as a result of the project. The “environment” includes both natural and man-made conditions.
11.23 “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
11.24 “Final EIR” means an EIR containing the information contained in the Draft EIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the City to the comments received.
11.25 “Greenhouse Gases” include, but are not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
11.26 “Guidelines” or “Local Guidelines” means the City’s Local Guidelines for implementing the California Environmental Quality Act.
11.27 “Highway” shall have the same meaning as defined in Section 360 of the Vehicle Code.
11.28 “Historical Resources” include:
Resources listed in, or eligible for listing in, the California Register of Historical Resources shall be considered historical resources.
A resource may be listed in the California Register if it meets any of the following National Register of Historic Places criteria:
(a) Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; (b) Is associated with the lives of persons important in our past; (c) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
(d) Has yielded, or may be likely to yield, information important in prehistory or history.
A resource may also be listed in the California Register if it is identified as significant in an historical resource survey that meets all of the following criteria:
(a) The survey has been or will be included in the State Historic Resources Inventory;
(b) The survey and the survey documentation were prepared in accordance with office procedures and requirements; and
(c) The resource is evaluated and determined by the office to have a significance rating of Category 1 to 5 on DPR Form 523.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-6 ©Best Best & Krieger LLP Resources included on a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution, or identified as significant in a historical resource survey (as described above) are presumed to be historically or culturally significant, unless a preponderance of evidence demonstrates that they are not historically or culturally significant.
Any of the following may be considered historically significant: any object, building, structure, site, area, place, record or manuscript which a Lead Agency determines, based upon substantial evidence in light of the whole record, to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California.
The Lead Agency is not precluded from determining that a resource is a historical resource, as defined in Public Resources Code sections 5020.1(j) or 5024.1, even if it is: (a) not listed in, or is not determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c) not identified in a historical resources survey.
11.29 “Infill Site” means a site in an urbanized area that meets either of the following criteria:
(1) The site has been previously developed for qualified urban uses; or (2) The site has not been previously developed for qualified urban uses and both (a) and (b) are met:
(a) the site is immediately adjacent to parcels that are developed with qualified urban uses, or
1. at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with existing qualified urban uses at the time the Lead Agency receives an application for an approval; and
2. the remaining 25 percent of the perimeter of the site adjoins parcels that had been previously developed for qualified urban uses;
(b) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency. (Public Resources Code section 21061.3.)
11.30 “Initial Study” means a preliminary analysis conducted by the City to determine whether an EIR, a Negative Declaration, or a Mitigated Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR.
11.31 “Jurisdiction by Law” means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-7 ©Best Best & Krieger LLP The City will have jurisdiction by law over a project when the City has primary and exclusive jurisdiction over the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects.
11.32 “Land Disposal Facility” means a hazardous waste facility where hazardous waste is disposed in, on, or under land. (Health and Safety Code section 25199.1(d).)
11.33 “Large Treatment Facility” means a treatment facility which treats or recycles one thousand (1,000) or more tons of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (Health and Safety Code section 25205.1(d).)
11.34 “Lead Agency” means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project when more than one public agency is involved with the same underlying activity.
11.35 “Low- and Moderate-Income Households” means persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code—i.e., persons and families whose income does not exceed 120% of area median income, adjusted for family size by the Department of Housing and Community Development, in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. (Public Resources Code section 21159.20(d); State CEQA Guidelines section 15191(f).)
11.36 “Low-Income Households” means households of persons and families of very low and low income. Low-income persons or families are those eligible for financial assistance from governmental agencies for occupants of state-funded housing. Very low income persons are those whose incomes do not exceed the qualifying limits for very low income families as established and amended pursuant to Section 8 of the United States Housing Act of 1937. Such limits are published and updated in the California Code of Regulations. (Public Resources Code section 21159.20(c); Health and Safety Code sections 50105 and 50106; State CEQA Guidelines section 15191(g).)
11.37 “Low-Level Flight Path” means any flight path for any aircraft owned, maintained, or under the jurisdiction of the United States Department of Defense that flies lower than 1,500 feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, “Area Planning Military Training Routes: North and South America (AP/1B)” published by the United States National Imagery and Mapping Agency or its successor.
11.38 “Lower Income Households” is defined in Health and Safety Code section 50079.5 to mean any of the following:
(1) “Lower income households” means persons and families whose income does not exceed the qualifying limits for lower income families as established and Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-8 ©Best Best & Krieger LLP amended from time to time pursuant to Section 8 of the United States Housing Act of 1937;
(2) “Very low income households” means persons and families whose incomes do not exceed the qualifying limits for very low income families as defined in Health and Safety Code 50105; or
(3) “Extremely low income households” means persons and families whose incomes do not exceed the qualifying limits for extremely low income families as defined in Health and Safety Code section 50106.
11.39 “Major Transit Stop” means a site containing an existing rail or bus rapit transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods. (Pub. Resources Code, § 21064.3; see also Pub. Resources Code, § 21060.2; State CEQA Guidelines section 15191(i).)
11.40 “Metropolitan Planning Organization” or “MPO” means a federally-designated agency that provides transportation planning and programming in metropolitan areas. A MPO is designated for each urban area that has been defined in the most recent federal census as having a population of more than 50,000 people. There are 18 federally-designated MPOs in California. Non-urbanized (rural) areas do not have a designated MPO.
11.41 “Military Impact Zone” means any area, including airspace, that meets both of the following criteria:
(1) Is located within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense; and
(2) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land.
11.42 “Military Service” means the United States Department of Defense or any branch of the United States Armed Forces.
11.43 “Ministerial” describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project.
The public official merely applies the law to the facts as presented but uses no special discretion or standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested location, the structure would meet the strength Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-9 ©Best Best & Krieger LLP requirements in the Uniform Building Code, and the applicant has paid his fee. (Public Resources Code section 21080(b)(1).)
11.44 “Mitigated Negative Declaration” or “MND” means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made, or agreed to, by the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
11.45 “Mitigation” includes avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or magnitude of the action and its implementation, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, or compensating for the impact by replacing or providing substitute resources or environments, including through permanent protection of such resources in the form of conservation easements.
11.46 “Negative Declaration” or “ND” means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR.
11.47 “Notice of Completion” means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a Draft EIR and is prepared to send out copies for review.
11.48 “Notice of Determination” means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA.
11.49 “Notice of Exemption” means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project.
11.50 “Notice of Preparation” means a brief notice sent by a Lead Agency to notify the Responsible Agencies, Trustee Agencies, the Office of Planning and Research, and involved federal agencies that the Lead Agency plans to prepare an EIR for a project.
The purpose of this notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR. Public agencies are free to develop their own formats for this notice.
11.51 “Oak” means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-10 ©Best Best & Krieger LLP Forestry and Fire Protection pursuant to Public Resources Code section 4526, and that is five (5) inches or more in diameter at breast height. (Public Resources Code section 21083.4(a).)
11.52 “Oak Woodlands” means an oak stand with a greater than 10 percent canopy cover or that may have historically supported greater than 10 percent canopy cover. (Fish & Game Code section 1361(h).)
11.53 “Offsite Facility” means a facility that serves more than one generator of hazardous waste. (Public Resources Code section 21151.1(h).)
11.54 “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, company, city, county, city and county, town, the state, and any of the agencies which may be political subdivisions of such entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.
11.55 “Pipeline” as defined in these Local Guidelines depends on the context. Please see Local Guidelines Sections 3.10 and 3.11 for specific definitions.
11.56 “Private Project” means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City.
Private projects will normally be those listed in subsections (2) and (3) of Local Guidelines Section 11.57.
11.57 “Project” means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following:
(1) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures; (2) A discretionary activity which involves a public agency’s issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City; or
(3) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps.
The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-11 ©Best Best & Krieger LLP The term “project” refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval.
11.58 “Project-Specific Effects” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Public Resources Code section 21065.3; State CEQA Guidelines section 15191(j).)
11.59 “Public Water System” means a system for the provision of piped water to the public for human consumption that has 3,000 or more service connections. A public water system includes all of the following: (A) Any collection, treatment, storage, and distribution facility under control of the operator of the system which is used primarily in connection with the system; (B) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system; (C) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (State CEQA Guidelines section 15155.)
11.60 “Qualified Urban Use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (Public Resources Code section 21072; State CEQA Guidelines section 15191(k).)
11.61 “Residential” means a use consisting of either residential units only or residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15% of the total floor area of the project. (State CEQA Guidelines section 15191(l).) Residential, pursuant to Public Resources Code section 21159.24, shall mean a use consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 25 percent of the total building square footage of the project.
11.62 “Responsible Agency” means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term “Responsible Agency” includes all federal, state, regional and local public agencies other than the Lead Agency which have discretionary approval power over the project.
11.63 “Riparian areas” mean those areas transitional between terrestrial and aquatic ecosystems and that are distinguished by gradients in biophysical conditions, ecological processes, and biota. A riparian area is an area through which surface and subsurface hydrology connect waterbodies with their adjacent uplands. A riparian area includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. A riparian area is adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine-marine shorelines.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-12 ©Best Best & Krieger LLP
11.64 “Roadway” means a roadway as defined pursuant to Section 530 of the Vehicle Code and the previously graded and maintained shoulder that is within a roadway right-ofway of no more than five feet from the edge of the roadway.
11.65 “Significant Effect” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
11.66 “Significant Value as a Wildlife Habitat” includes wildlife habitat of national, statewide, regional, or local importance; habitat for species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code); habitat identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies; or habitat essential to the movement of resident or migratory wildlife.
11.67 “Special Use Airspace” means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by the United States Department of Defense Flight Information Publication, “Area Planning: Special Use Airspace: North and South America (AP/1A)” published by the United States National Imagery and Mapping Agency or its successor.
11.68 “Staff” means the City Manager or his or her designee.
11.69 “Standard” means a standard of general application that is all of the following:
(1) A quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation, order, or other standard of general application;
(2) Adopted for the purpose of environmental protection; (3) Adopted by a public agency through a public review process; (4) Governs the same environmental effect which the change in the environment is impacting; and
(5) Governs the jurisdiction where the project is located.
The definition of “standard” includes any thresholds of significance adopted by the City which meet the requirements of this Section.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-13 ©Best Best & Krieger LLP If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record.
11.70 “State CEQA Guidelines” means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Natural Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seq.)
11.71 “Substantial Evidence” means reliable information on which a fair argument can be based to support an inference or conclusion, even though another conclusion could be drawn from that information. “Substantial evidence” includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. “Substantial evidence” does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment.
11.72 “Sustainable Communities Strategy” is an element of a Regional Transportation Plan, which must be adopted by the Metropolitan Planning Organization for the region. (See Local Guidelines Section 11.40.) The Sustainable Communities Strategy is an integrated land use and transportation plan intended to reduce greenhouse gases. The Sustainable Communities Strategy includes various components such as: consideration of existing densities and uses within the region, identification of areas within the region that can accommodate an eight-year projection of the region’s housing needs, development of projections for growth in the region, identification of existing transportation networks, and preparation of a forecast for development pattern for the region that can be integrated with transportation networks.
11.73 “Tiering” means the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared. Tiering is appropriate when the sequence of EIRs is:
(a) From a general plan, policy, or Program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR; or (b) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the Lead Agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe.
(Public Resources Code sections 21003, 21061 and 21100.)
11.74 “Transit Priority Area” means an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-14 ©Best Best & Krieger LLP planning horizon included in a Transportation Improvement Program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations.
11.75 “Transit Priority Project” means a mixed use project that is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the California Air Resources Board has accepted a Metropolitan Planning Organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. Such a project may be exempt from CEQA if a detailed laundry list of requirements is met. To qualify for the exemption, the Transit Priority Project must:
(1) contain at least 50 percent residential use based on total building square footage; (2) if the project contains between 26 percent and 50 percent non-residential uses, the floor-to-area ratio (FAR) must be at least 0.75;
(3) have a minimum net density of 20 dwelling units per acre; (4) be located within a half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan; and (5) meet all the requirements of Public Resources Code section 21155.1.
11.76 “Transportation Facilities” includes major local arterials and public transit within five (5) miles of the project site, and freeways, highways, and rail transit service within ten (10) miles of the project site.
11.77 “Tribal Cultural Resources” are either of the following:
(1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
(a) Included or determined to be eligible for inclusion in the California Register of Historical Resources.
(b) Included in a local register of historic resources as defined in subdivision (k) of Public Resources Code section 5020.1. (2) A resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this definition, the Lead Agency shall consider the significance of the resource to a California Native American tribe.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-15 ©Best Best & Krieger LLP A cultural landscape that meets the criteria set forth above is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.
A historic resource described in Public Resources Code section 21084.1, a unique archaeological resource as defined in subdivision (g) of Public Resources Code section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Public Resources Code section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of Tribal cultural resources.
11.78 “Trustee Agency” means a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies may include, but are not limited to, the following:
(a) The California Department of Fish and Wildlife (“DFW”) with regard to the fish and wildlife of the state, designated rare or endangered native plants, and game refuges, ecological reserves, and other areas administered by DFW;
(b) The State Lands Commission with regard to state owned “sovereign” lands such as the beds of navigable waters and state school lands; (c) The State Department of Parks and Recreation with regard to units of the State Park System;
(d) The University of California with regard to sites within the Natural Land and Water Reserve System; and/or
(e) The State Water Resources Control Board with respect to surface waters.
11.79 “Urban Growth Boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side of the boundary.
11.80 “Urbanized Area” means either of the following:
(1) An incorporated city that either by itself or in combination with two contiguous incorporated cities has a population of at least one hundred thousand (100,000) persons;
(2) An unincorporated area that meets both of the following requirements:
(a) The unincorporated area is either:
(i) completely surrounded by one or more incorporated cities, has a population of at least 100,000 persons either by itself or in combination with the surrounding incorporated city or cities, and has a population density that at least equals the population density of the surrounding city or cities; or
(ii) located within an urban growth boundary and has an existing residential population of at least five thousand (5,000) persons per square mile. An “urban growth boundary” means a
Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-16 ©Best Best & Krieger LLP provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side.
(b) The board of supervisors with jurisdiction over the unincorporated area has taken all three of the following steps:
1. Prepared a draft document by which the board would find that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that encourage compact development in a manner that promotes efficient transportation systems,
economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing, and protects the environment, open space and agricultural areas;
2. Submitted the draft document to the Office of Planning and Research and allowed OPR thirty (30) days to submit comments on the draft finding to the board; and
3. At least thirty (30) days after submitting the draft document to OPR, the board has adopted a final finding in substantial conformity with the draft finding described in the draft document.
(Public Resources Code sections 21083, 21159.20-21159.24; State CEQA Guidelines section 15191(m).)
11.81 “Water Acquisition Plans” means any plans for acquiring additional water supplies prepared by the public water system or a city or county Lead Agency pursuant to subdivision (a) of section 10911 of the Water Code.
11.82 “Water Assessment” or “Water Supply Assessment” means the water supply assessment that must be prepared by the governing body of a public water system, or a city or county, pursuant to and in compliance with sections 10910 to 10915 of the Water Code, and that includes, without limitation, the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the Water Code.
11.83 “Water Demand Project” means any one of the following:
(A) A residential development of more than 500 dwelling units; (B) A shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space; (C) A commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space;
(D) A hotel or motel, or both, having more than 500 rooms; Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-17 ©Best Best & Krieger LLP (E) An industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area;
Except, a proposed photovoltaic or wind energy generation facility approved on or after October 8, 2011, is not a Water Demand Project if the facility would demand no more than 75 acre-feet of water annually.
(F) A mixed-use project that includes one or more of the projects specified in subdivisions (A); (B), (C), (D), (E), or (G) of this section; (G) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project; or (H) For public water systems with fewer than 5,000 service connections, a project that meets the following criteria:
(1) A proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of a public water system’s existing service connections; or
(2) A mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. (State CEQA Guidelines section 15155.)
11.84 “Waterway” means a bay, estuary, lake, pond, river, slough, or a perennial, intermittent, or ephemeral stream, lake, or estuarine-marine shoreline.
11.85 “Wetlands” has the same meaning as that term is construed in the regulations issued by the United States Army Corps of Engineers pursuant to the Clean Water Act. Thus, “wetlands” means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Public Resources Code section 21159.21(d), incorporating Title 33, Code of Federal Regulations, Section 328.3.)
11.86 “Wildlife Habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (Public Resources Code section 21159.21.)
11.87 “Zoning Approval” means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land Local Guidelines for Implementing the
California Environmental Quality Act (2023) DEFINITIONS 2023 City of Big Bear Lake Local Guidelines 11-18 ©Best Best & Krieger LLP use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) FORMS
2023 City of Big Bear Lake Local Guidelines 12-1 ©Best Best & Krieger LLP
12. FORMS
See forms A – S which accompany these Guidelines.
Local Guidelines for Implementing the
California Environmental Quality Act (2023) Common ACRONYMS 2023 City of Big Bear Lake Local Guidelines 13-1 ©Best Best & Krieger LLP
13. COMMON ACRONYMS
A. **************************************************
ADEIR – Administrative Draft Environmental Impact Report AQMD – Air Quality Management District
AQMP – Air Quality Management Plan
AR – Administrative Record
ARB – Air Resources Board
B. **************************************************
BMP – Best Management Practices
BO – Biological Opinion
C. **************************************************
Cal EPA – California Environmental Protection Agency
CAP – Climate Action Plan
CCAA – California Clean Air Act
CCR – California Code of Regulations (Title 14 Sections 15000 et seq. are also known as the State CEQA Guidelines.)
CE – Categorical Exclusion (NEPA)
CESA – California Endangered Species Act
CEQA – California Environmental Quality Act
CFR – Code of Federal Regulations
CMP – Congestion Management Plan
CRWQCB – California Regional Water Quality Control Board D. **************************************************
DEIR – Draft Environmental Impact Report
DFW – Department of Fish and Wildlife
E. **************************************************
EA – Environmental Assessment (NEPA term)
EIR – Environmental Impact Report
EIS – Environmental Impact Statement (NEPA term)
EPA – Environmental Protection Agency
ESA – Endangered Species Act; Environmental Site Assessment F. **************************************************
FCAA – Federal Clean Air Act
FEIR – Final Environmental Impact Report
FOIA – Freedom of Information Act (Federal)
FONSI – Finding of No Significant Impact (NEPA term)
FWS – Fish and Wildlife Service
Local Guidelines for Implementing the
California Environmental Quality Act (2023) Common ACRONYMS 2023 City of Big Bear Lake Local Guidelines 13-2 ©Best Best & Krieger LLP G. **************************************************
GHG – Greenhouse Gas
GW – Ground Water
H. **************************************************
HH&E – Human Health and Environment
HRA – Health Risk Assessment
HS – Hazardous Substance
I. **************************************************
IS – Initial Study
J. **************************************************
K. **************************************************
L. **************************************************
LADD – Lifetime Average Daily Dose; Lowest Acceptable Daily Dose LEA – Local Enforcement Agency
LESA – Land Evaluation and Site Assessment
LUFT – Leaking Underground Fuel Tank
LUST – Leaking Underground Storage Tanks. Reference Part 213 of Public Act 451 of 1994.
M. **************************************************
MEIR – Master Environmental Impact Report
MMRP – Mitigation Monitoring and Reporting Plan
MPO – Metropolitan Planning Organization
MND – Mitigated Negative Declaration
N. **************************************************
ND – Negative Declaration
NEPA – National Environmental Policy Act
NOA – Notice of Availability
NOC – Notice of Completion
NOD – Notice of Determination
NOE – Notice of Exemption
NOI – Notice of Intent
NOP – Notice of Preparation
NOV – Notice of Violation
O. **************************************************
OPR – Office of Planning and Research
Local Guidelines for Implementing the
California Environmental Quality Act (2023) Common ACRONYMS 2023 City of Big Bear Lake Local Guidelines 13-3 ©Best Best & Krieger LLP P. **************************************************
PEIR – Program Environmental Impact Report. Sometimes also used to describe a Project Environmental Impact Report
PM – Particulate Matter
PRA – Public Records Act
PSA – Permit Streamlining Act
Q. **************************************************
R. **************************************************
RCRA – Resource Conservation and Recovery Act (1976) Governs definition, handling, and disposal of hazardous waste.
S. **************************************************
SCH – State Clearinghouse
SEIR – Supplemental or Subsequent Environmental Impact Report SMARA – Surface Mining and Reclamation Act
SWMP – Stormwater Monitoring Program
SWPPP – Stormwater Pollution Prevention Program
T. **************************************************
TCM – Transportation Control Measure
TCP – Transportation Control Plan
TDS – Total Dissolved Solids
TMP – Transportation Management Plan
Title V – refers to Title V of the Clean Air Act related to ambient air quality provisions TLV – Threshold Limit Value
U. **************************************************
UBC – Uniform Building Code
UFC – Uniform Fire Code
UGST – Underground Storage Tank
USDW – Underground Source of Drinking Water
UWMP – Urban Water Management Plan
V. **************************************************
VOC – Volatile Organic Compounds (Health & Safety Code, Section 25123.6.) VOS – Vehicle Operating Survey
W. **************************************************
WQS – Water Quality Standard
WSA – Water Supply Assessment
WTP – Water Treatment Plant. A facility designed to provide treatment to water.
WWTP – Wastewater Treatment Plan
Local Guidelines for Implementing the
California Environmental Quality Act (2023) Common ACRONYMS 2023 City of Big Bear Lake Local Guidelines 13-4 ©Best Best & Krieger LLP X. **************************************************
Y. **************************************************
Z. **************************************************
Notice of Exemption FORM “A”
NOTICE OF EXEMPTION
TO:
☐ Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:
(Public
Agency)
Name:
Address:
Telephone:
☐ Clerk of the Board of Supervisors
or
County Clerk (Include County name)
Address:
1. Project Title:
2. Project Applicant:
3. Project Location – Identify street address and cross streets or attach a map showing project site
(preferably a USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):
4. (a) Project Location – City: (b) Project Location – County:
5. Description of nature, purpose, and beneficiaries of Project:
6. Name of Public Agency approving project:
7. Name of Person or Agency undertaking the project,
including any person undertaking an activity that
receives financial assistance from the Public Agency
as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity:
8. Exempt status: (check one)
(a) ☐ Ministerial project. (Pub. Resources Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) ☐ Not a project. State CEQA Guidelines 15050(c)(2)-(3) (c) ☐ Declared Emergency (Pub. Resources Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(d) ☐ Emergency Project. (Pub. Resources Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(e) ☐ Categorical Exemption.
State type and section number:
Notice of Exemption FORM “A”
(f) ☐ Statutory Exemption.
State Code section number:
(g) ☐ Other. Explanation:
9. Reason why project was exempt:
10. Lead Agency Contact Person:
Telephone:
11. If filed by applicant: Attach Certificate of Determination (Form “B”) before filing.
12. Was a public hearing held by the Lead Agency to consider the exemption? Yes ☐ No ☐ If yes, the date of the public hearing was:
________________________________
Signature Date:
__________________________________
Name Title:
☐ Signed by Lead Agency ☐ Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
Certificate of Determination FORM “B”
CERTIFICATE OF DETERMINATION
(If Notice of Exemption filed by Project Applicant, Project Applicant must Attach to Notice of Exemption)
1. Name or description of project:
2. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):
3. Entity or person undertaking project: A.
B. Other (Private)
(1) Name
(2) Address
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the California Environmental Quality Act (CEQA) and the Lead Agency’s Local Guidelines for Implementing CEQA has concluded that this project does not require further environmental assessment because:
a. ☐ The proposed action does not constitute a project under CEQA. b. ☐ The project is a Ministerial Project.
c. ☐ The project is an Emergency Project.
d. ☐ The project constitutes a feasibility or planning study. e. ☐ The project is categorically exempt.
Applicable Exemption Class:
f. ☐ The project is statutorily exempt.
Applicable Exemption:
g. ☐ The project is otherwise exempt on the
following basis:
h. ☐ The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: Staff:
Environmental Impact Assessment FORM “C”
ENVIRONMENTAL IMPACT ASSESSMENT
(STAFF RECOMMENDATION FOR INTERNAL USE ONLY)
1. Name or description of project:
2. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):
3. Entity or Person undertaking project:
A.
B. Other (Private)
(1) Name:
(2) Address:
4. Staff Determination:
The Lead Agency’s staff, having undertaken and completed an Initial Study of this project in accordance with the Lead Agency’s “Local Guidelines for Implementing the California Environmental Quality Act (CEQA)” for the purpose of ascertaining whether the proposed project may have a significant effect on the environment, has reached the following conclusion:
a. ☐ The project could not have a significant effect on the environment; therefore, a Negative Declaration should be adopted.
b. ☐ The Initial Study identified potentially significant effects on the environment but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore a Mitigated Negative Declaration should be adopted.
c. ☐ The project may have a significant effect on the environment; therefore, an Environmental Impact Report will be required.
Date: Staff:
NOI to Adopt Neg. Dec., Mit. Neg. Dec. 1 FORM “D”
NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/
MITIGATED NEGATIVE DECLARATION
Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at the following location:
Public Agency:
Project Name:
Project Description:
Project Location – Identify
street address and cross streets
or attach a map showing
project site (preferably a
USGS 15’ or 7 1/2’
topographical map identified
by quadrangle name):
This Initial Study was completed in accordance with the Lead Agency’s Guidelines for Implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the Lead Agency’s Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration/Mitigated Negative Declaration. The Initial Study reflects the independent judgment of the Lead Agency.
☐ The Project site IS on a list compiled pursuant to Government Code section 65962.5. ☐ The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. ☐ The proposed project IS considered a project of statewide, regional or areawide significance. ☐ The proposed project IS NOT considered a project of statewide, regional or areawide significance. ☐ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation.
☐ The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation.
☐ A scoping meeting WILL be held by the Lead Agency.
☐ A scoping meeting WILL NOT be held by the Lead Agency.
If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as follows:
Date: Time: Location:
Copies of the Initial Study and Draft Negative Declaration/Mitigated Negative Declaration are on file and are available for public review at the Lead Agency’s office, located at:
The proposed Negative Declaration or Mitigated Negative Declaration can be obtained in electronic format by the following method:
Lead Agency address:
Comments will be received from to
NOI to Adopt Neg. Dec., Mit. Neg. Dec. 2 FORM “D”
Any person wishing to comment on this matter must submit such comments, in writing, to the Lead Agency prior to .
Comments of all Responsible Agencies are also requested.
The Lead Agency will consider the project and the Draft Negative Declaration/Mitigated Negative Declaration at its meeting on:
Date: Time:
If the Lead Agency finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration/Mitigated Negative Declaration. This means that the Lead Agency may proceed to consider the project without the preparation of an Environmental Impact Report.
Date Received for Filing:
Staff
(Clerk Stamp Here)
Title
Negative Declaration FORM “E”
NEGATIVE DECLARATION
1. Name or description of project:
2. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably
a USGS 15’ or 7 1/2’ topographical
map identified by quadrangle name):
3. Entity or Person undertaking project:
A. Entity
(1) Name:
(2) Address:
B. Other (Private)
(1) Name:
(2) Address:
The Lead Agency, having reviewed the Initial Study of this proposed project, having reviewed the written comments received prior to the public meeting of the Lead Agency, and having reviewed the recommendation of the Lead Agency's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the Lead Agency’s findings are as follows:
The Lead Agency hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial Study is attached.
The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Lead Agency based its decision to adopt this Negative Declaration are as follows:
Phone No.:
Date Received
for Filing: Staff
Notice of Determination 1 FORM “F”
NOTICE OF DETERMINATION
TO: ☐ Clerk of the Board of Supervisors
or
☐ County Clerk
Address:
FROM: Public Agency/Lead Agency Name:
Address:
Contact:
Phone:
TO: ☐ Office of Planning and Research
1400 Tenth Street, Rm. 113
Sacramento, CA 95814
Lead Agency (if different from above)
Address:
Contact:
Phone:
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number
(If submitted to SCH):
Project Title:
Project Applicant (include address and telephone number):
Specific Project Location – Identify street address and cross street or attach a map showing project site (preferably a USGS 15’ or 7 ½’ topographical map identified by quadrangle name):
General Project Location (City and/or County):
Project Description:
Identify the person or entity undertaking the project, including any private applicant, any other person undertaking an activity that receives financial assistance from the Public Agency as part of the project, and any person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the project.
Notice of Determination 2 FORM “F”
This is to advise that the (☐ Lead Agency or ☐ Responsible Agency) has approved the above described project on and has made the following determinations regarding the above described project:
1. The project [ ☐ will ☐ will not] have a significant effect on the environment.
2. ☐ An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ☐ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.
☐ A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency.
3. ☐ Mitigation measures [ ☐ were ☐ were not ]made a condition of the approval of the project.
4. ☐ A Mitigation Monitoring or Reporting Plan [ ☐ was ☐ was not] adopted for this project.
5. ☐ A Statement of Overriding Considerations [ ☐ was ☐ was not] adopted for this project.
6. ☐ Findings [ ☐ were ☐ were not] made pursuant to the provisions of CEQA.
This is to certify that the Final EIR with comments and responses and record of project approval, or the Negative Declaration, is available to General Public at:
Custodian: Location:
Date: ________________________________________
Signature
Name:
Title:
Clerk’s File Stamp:
Authority cited: Sections 21083, Public Resources Code.
Reference Section 21000-21174, Public Resources Code.
Notice of Preparation 1 FORM “G”
NOTICE OF PREPARATION
TO: FROM: Name:
Address:
Telephone:
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report.
The _________________ will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project.
The Project description, location, and the potential environmental effects are contained in the attached materials. ☐ A copy of the Initial Study IS attached.
☐ A copy of the Initial Study IS NOT attached.
☐ The proposed project IS considered a project of statewide, regional or areawide significance. ☐ The proposed project IS NOT considered a project of statewide, regional or areawide significance. ☐ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation.
☐ The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation.
☐ A scoping meeting WILL be held by the Lead Agency.
☐ A scoping meeting WILL NOT be held by the Lead Agency.
If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as follows:
Date: Time: Location:
Due to the time limits mandated by State law, your response must be sent at the earliest possible date, but not later than 30 days after receipt of this notice.
Please send your response to at the address shown above. We will need the name of a contact person in your agency.
Project Title:
Project Location – Specific: Identify street
address and cross street or attach a map
showing project site (preferably a U.S.G.S.
15’ or 7 ½’ topographical map identified by
quadrangle name):
Project Description:
Project Applicant (if any):
California Environmental Protection Agency
Hazardous Waste List (if applicable):
Notice of Preparation 2 FORM “G”
Date: Signature: ______________________________
Name:
Title:
Telephone:
Consulting firm retained to prepare draft EIR (if applicable):
Name:
Address:
City/State/Zip:
Contact Person:
Reference: California Code of Regulations, Title 14, (CEQA Guidelines) Sections 15082(a), 15103, 15375.
Notice of Completion --Environmental Doc. Transmittal 1 FORM “H”
NOTICE OF COMPLETION & ENVIRONMENTAL DOCUMENT TRANSMITTAL SCH No.:
For U.S. Mail: State Clearinghouse, PO Box 3044, Sacramento, CA 95812-3044; (916) 445-0613 For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814
PROJECT TITLE
LEAD AGENCY CONTACT PERSON
MAILING ADDRESS TELEPHONE
CITY AND STATE ZIP CODE COUNTY
PROJECT LOCATION
COUNTY CITY/NEAREST COMMUNITY
LAT. / LONG.:
CROSS STREETS ZIP CODE TOTAL ACRES
ASSESSOR’S PARCEL NO. SECTION TOWNSHIP RANGE BASE
WITHIN 2 MILES: STATE HIGHWAY NO. WITHIN 2 MILES: WATERWAYS WITHIN 2 MILES: AIRPORTS WITHIN 2 MILES: RAILWAYS WITHIN 2 MILES: SCHOOLS
DOCUMENT TYPE
CEQA NEPA OTHER
☐ NOP ☐ Supplemental EIR ☐ NOI ☐ Joint Document
☐ Early Cons ☐ Subsequent EIR ☐ EA ☐ Final Document
☐ Neg Dec ☐ (Prior SCH No.): ☐ Draft EIS ☐ Other:
☐ Mit Neg Dec ☐ Other: ☐ FONSI
☐ Draft EIR
LOCAL ACTION TYPE
☐ General Plan Update ☐ Specific Plan ☐ Rezone ☐ Annexation ☐ General Plan Amendment ☐ Master Plan ☐ Prezone ☐ Redevelopment ☐ General Plan Element ☐ Planned Unit Development ☐ Use Permit ☐ Coastal Permit ☐ Community Plan ☐ Site Plan ☐ Land Division (Subdivision, etc.)
☐ Other:
DEVELOPMENT TYPE
☐ Residential: Units: Acres: ☐ Water Facilities: Type: MGD:
☐ Office: Sq. ft. Acres: Employees: ☐ Transportation: Type:
☐ Commercial: Sq. ft. Acres: Employees: ☐ Mining: Mineral:
☐ Industrial: Sq. ft. Acres: Employees: ☐ Power: Type: MW:
☐ Educational: ☐ Waste Treatment:
☐ Recreational: ☐ Hazardous Waste:
☐ Other:
Notice of Completion --Environmental Doc. Transmittal 2 FORM “H” PROJECT ISSUES DISCUSSED IN DOCUMENT:
☐ Aesthetic/Visual ☐ Geologic/Seismic ☐ Toxic/Hazardous ☐ Agricultural Land ☐ Minerals ☐ Traffic/Circulation
☐ Air Quality ☐ Noise ☐ Vegetation
☐ Archaeological/Historical ☐ Population/Housing Balance ☐ Water Quality ☐ Biological Resources ☐ Public Services/Facilities ☐ Water Supply/Groundwater ☐ Coastal Zone ☐ Recreation/Parks ☐ Wetland/Riparian
☐ Drainage/Absorption ☐ Schools/Universities ☐ Wildlife ☐ Economic/Jobs ☐ Septic Systems ☐ Growth Inducement
☐ Fiscal ☐ Sewer Capacity ☐ Land Use
☐ Flood Plain/Flooding ☐ Soil Erosion/Compaction/Grading ☐ Cumulative Effects ☐ Forest Land/Fire Hazard ☐ Solid Waste ☐ Greenhouse Gases ☐ Other:
PRESENT LAND USE/ZONING/GENERAL PLAN USE DESIGNATION:
PROJECT DESCRIPTION (please use a separate page if necessary) NOTE: The State Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. Notice or Preparation or previous draft document) please fill in.
Revised 2010
Reviewing Agencies Checklist Appendix C
Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with an “X.” If you have already sent your document to the agency please denote that with an “S.”
Air Resources Board Native American Heritage Commission Boating & Waterways, Department of Office of Historic Preservation California Emergency Management Agency Office of Public School Construction California Highway Patrol Parks & Recreation, Department of Caltrans District # Pesticide Regulation, Department of Caltrans Division of Aeronautics Public Utilities Commission Caltrans Planning Regional WQCB #
Central Valley Flood Protection Board Resources Agency
Coachella Valley Mountains Conservancy Resources Recycling and Recovery, Department of Coastal Commission S.F. Bay Conservation & Development Commission Colorado River Board San Gabriel & Lower Los Angeles Rivers & Mountains Conservancy Conservation, Department of San Joaquin River Conservancy Corrections, Department of Santa Monica Mountains Conservancy Delta Protection Commission State Lands Commission
Education, Department of SWRCB: Clean Water Grants
Energy Commission SWRCB: Water Quality
Fish & Wildlife Region # SWRCB: Water Rights
Food & Agriculture, Department of Tahoe Regional Planning Agency Forestry & Fire Protection, Department of Toxic Substances Control, Department of General Services, Department of Water Resources, Department of Health Services, Department of Other:
Housing & Community Development Other:
Notice of Completion --Environmental Doc. Transmittal 3 FORM “H” Local Public Review Period (to be filled in by lead agency):
Starting Date: Ending Date:
Address where copies of the Draft EIR are available and a description of how the Draft EIR can be provided in an electronic format:
Lead Agency (Complete if applicable):
Consulting Firm:
Address:
City/State/Zip:
Contact:
Phone:
Applicant:
Address:
City/State/Zip:
Phone:
Signature of Lead
Agency Representative: _______________________________________ Date:
Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code.
For SCH Use Only:
Date Received at SCH
Date Review Starts
Date to Agencies
Date to SCH
Clearance Date
Notes:
Environmental Information Form 1 FORM “I”
ENVIRONMENTAL INFORMATION FORM
(For private projects, this form must be completed by private project applicant to assist staff in completing Initial Study) Date Filed:
GENERAL INFORMATION
1. Developer or project sponsor Name:
Address:
2. Project Location – Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
3. Assessor's Block and Lot Number
4. Person to be contacted regarding
this project
Name:
Address:
Telephone:
5. Permit Application Number for
project
6. Existing Zoning District
7. Proposed use of site (project for
which this form is filed)
List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies:
8. Site size:
9. Square footage:
10. Number of floors of construction:
11. Amount of off-street parking
provided:
12. Attach plans:
13. Proposed scheduling:
14. Associated projects:
15. Anticipated incremental
development:
16. If residential, include the number of units, schedule of unit sizes, range of sales prices or rents and type of household size expected.
Environmental Information Form 2 FORM “I”
17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities.
18. If industrial, indicate type, estimated employment per shift and loading facilities.
19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities and community benefits to be derived from the project.
20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required.
Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary).
YES NO
☐ ☐ 21. Change in existing features of any bays, tidelands, beaches, lakes, hills or substantial alteration of ground contours.
☐ ☐ 22. Change in scenic views or vistas from existing residential areas or public lands or roads. ☐ ☐ 23. Change in pattern, scale or character of general area of project. ☐ ☐ 24. Significant amounts of solid waste or litter.
☐ ☐ 25. Change in dust, ash, smoke, fumes or odors in vicinity. ☐ ☐ 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns.
☐ ☐ 27. Substantial change in existing noise or vibration levels in the vicinity. ☐ ☐ 28. Site on filled land or on slope of 10 percent or more. ☐ ☐ 29. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives.
☐ ☐ 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). ☐ ☐ 31. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). ☐ ☐ 32. Relationship to a larger project or series of projects. ☐ ☐ 33. Has a prior environmental impact report been prepared for a program, plan, policy or ordinance consistent with this project?
☐ ☐ 34. If you answered yes to question 33, may this project cause significant effects on the environment that were not examined in the prior EIR?
Environmental Information Form 3 FORM “I”
YES NO
☐ ☐ 35. Will the project require the import or export of soil? If so, how much? From where will import come? To where will export go? What is the proposed haul route?
ENVIRONMENTAL SETTING
36. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. (Snapshots or instant photos acceptable.)
37. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. (Snapshots or instant photos acceptable.) CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief.
Date:
Signature:
For:
Initial Study Form
(Appendix G)
INITIAL STUDY
NOTE: The following is a sample form that may be tailored by the Lead Agency to satisfy project circumstances.
It may be used to meet the requirements for an initial study when the criteria set forth in the State and Local CEQA Guidelines have been met. Substantial evidence of potential impacts that are not listed on this form must also be considered.
The sample questions in this form are intended to encourage thoughtful assessment of impacts, and do not necessarily represent thresholds of significance.
1. Project Title:
2. Lead Agency Name and Address:
3. Contact Person and Phone Number:
4. Project Location: .
5. Project Sponsor's Name and Address:
6. General Plan Designation: 7. Zoning:
8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheet(s) if necessary.)
9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.)
10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.
Initial Study Form
(Appendix G)
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ☐ Aesthetics ☐ Agriculture/Forestry Resources ☐ Air Quality ☐ Biological Resources ☐ Cultural Resources ☐ Geology / Soils ☐ Greenhouse Gas Emissions ☐ Hazards & Hazardous Materials ☐ Hydrology / Water Quality ☐ Land Use / Planning ☐ Mineral Resources ☐ Noise
☐ Population / Housing ☐ Public Services ☐ Recreation
☐ Transportation ☐ Utilities / Service Systems ☐ Mandatory Findings of Significance ☐ Tribal Cultural Resources ☐ Wildfire ☐ Energy
DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
☐ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
☐ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ☐ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
☐ I find that the proposed project MAY have a “potentially significant” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
☐ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
________________________________________
Signature Date
Printed Name For
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a Lead Agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the Lead Agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
Initial Study Form
(Appendix G)
“Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less than Significant Impact.” The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, “Earlier Analyses,” may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.
SAMPLE QUESTION
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS. Except as provided in public resources code section 21099, would the project:
a) Have a substantial adverse effect on a scenic
vista?
☐ ☐ ☐ ☐
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
☐ ☐ ☐ ☐
Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c) In non-urbanized areas, substantially degrade
the existing visual character or quality of
public views of the site and its surroundings?
(Public views are those that are experienced
from publicly accessible vantage point). If the
project is in an urbanized area, would the
project conflict with applicable zoning and
other regulations governing scenic quality?)
☐ ☐ ☐ ☐
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
☐ ☐ ☐ ☐
II. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. in determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
☐ ☐ ☐ ☐
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
☐ ☐ ☐ ☐
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
☐ ☐ ☐ ☐
d) Result in the loss of forest land or conversion
of forest land to non-forest use?
☐ ☐ ☐ ☐
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☐
III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan?
☐ ☐ ☐ ☐
Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
☐ ☐ ☐ ☐
c) Expose sensitive receptors to substantial
pollutant concentrations?
☐ ☐ ☐ ☐
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
☐ ☐ ☐ ☐
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☐
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☐
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
☐ ☐ ☐ ☐
d) Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
☐ ☐ ☐ ☐
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☐ ☐ ☐
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
☐ ☐ ☐ ☐
Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant
to § 15064.5?
☐ ☐ ☐ ☐
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?
☐ ☐ ☐ ☐
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?
☐ ☐ ☐ ☐
VI. ENERGY. Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,
during project construction or operation?
☐ ☐ ☐ ☐
b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?
☐ ☐ ☐ ☐
VII. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury or death involving:
☐ ☐ ☐ ☐
i) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a
known fault? Refer to Division of
Mines and Geology Special
Publication 42.
☐ ☐ ☐ ☐
ii) Strong seismic ground shaking? ☐ ☐ ☐ ☐
iii) Seismic-related ground failure,
including liquefaction?
☐ ☐ ☐ ☐
iv) Landslides? ☐ ☐ ☐ ☐
b) Result in substantial soil erosion or the loss of
topsoil?
☐ ☐ ☐ ☐
Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
☐ ☐ ☐ ☐
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code,
creating substantial direct or indirect risks to
life or property?
☐ ☐ ☐ ☐
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste
water disposal systems where sewers are not
available for the disposal of waste water?
☐ ☐ ☐ ☐
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
☐ ☐ ☐ ☐
VIII. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
☐ ☐ ☐ ☐
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emission of greenhouse gases?
☐ ☐ ☐ ☐
IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport,
use, or disposal of hazardous materials?
☐ ☐ ☐ ☐
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
☐ ☐ ☐ ☐
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school?
☐ ☐ ☐ ☐
d) Be located on a site which is included on a list
of hazardous materials sites compiled
pursuant to Government Code section 65962.5
and, as a result, would it create a significant
hazard to the public or the environment?
☐ ☐ ☐ ☐
Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project result
in a safety hazard or excessive noise for
people residing or working in the project area?
☐ ☐ ☐ ☐
f) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
☐ ☐ ☐ ☐
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury
or death involving wildland fires?
☐ ☐ ☐ ☐
X. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
☐ ☐ ☐ ☐
b) Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
☐ ☐ ☐ ☐
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or river
or through the addition of impervious
surfaces, in a manner which would:
☐ ☐ ☐ ☐
i) result in substantial erosion or
siltation on- or off-site;
☐ ☐ ☐ ☐
ii) substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite;
☐ ☐ ☐ ☐
iii) create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
☐ ☐ ☐ ☐
iv) impede or redirect flood flows? ☐ ☐ ☐ ☐
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project
inundation?
☐ ☐ ☐ ☐
Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
☐ ☐ ☐ ☐
XI. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? ☐ ☐ ☐ ☐
b) Cause a significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
☐ ☐ ☐ ☐
XII. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
☐ ☐ ☐ ☐
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific
plan or other land use plan?
☐ ☐ ☐ ☐
XIII. NOISE. Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of
standards established in the local general plan
or noise ordinance, or applicable standards of
other agencies?
☐ ☐ ☐ ☐
b) Generation of excessive groundborne
vibration or groundborne noise levels?
☐ ☐ ☐ ☐
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project expose people
residing or working in the project area to
excessive noise levels?
☐ ☐ ☐ ☐
XIV. POPULATION AND HOUSING. Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
road or other infrastructure)?
☐ ☐ ☐ ☐
Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
☐ ☐ ☐ ☐
XV. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or
physically altered governmental facilities,
need for new or physically altered
governmental facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable
service ratios, response times or other
performance objectives for any of the public
services:
☐ ☐ ☐ ☐
Fire protection? ☐ ☐ ☐ ☐
Police protection? ☐ ☐ ☐ ☐
Schools? ☐ ☐ ☐ ☐
Parks? ☐ ☐ ☐ ☐
Other public facilities? ☐ ☐ ☐ ☐
XVI. RECREATION.
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
☐ ☐ ☐ ☐
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which have an adverse
physical effect on the environment?
☐ ☐ ☐ ☐
XVII. TRANSPORTATION. Would the project:
a) Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
☐ ☐ ☐ ☐
b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision (b)?
☐ ☐ ☐ ☐
Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
☐ ☐ ☐ ☐
d) Result in inadequate emergency access? ☐ ☐ ☐ ☐
XVIII. TRIBAL CULTURAL RESOURCES
a) Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
section 21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural
value to a California Native American tribe,
and that is:
☐ ☐ ☐ ☐
i) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code section
5020.1(k), or
☐ ☐ ☐ ☐
ii) A resource determined by the lead
agency, in its discretion and
supported by substantial evidence,
to be significant pursuant to
criteria set forth in subdivision (c)
of Public Resources Code section
5024.1. In applying the criteria set
forth in subdivision (c) of Public
Resources Code section 5024.1,
the lead agency shall consider the
significance of the resource to a
California Native American tribe.
☐ ☐ ☐ ☐
XIX. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water drainage,
electric power, natural gas, or
telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?
☐ ☐ ☐ ☐
b) Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
☐ ☐ ☐ ☐
Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand in
addition to the provider's existing
commitments?
☐ ☐ ☐ ☐
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
☐ ☐ ☐ ☐
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
☐ ☐ ☐ ☐
XX. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted
emergency response plan or emergency
evacuation plan?
☐ ☐ ☐ ☐
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire risks,
and thereby expose project occupants
to, pollutant concentrations from a
wildfire or the uncontrolled spread of a
wildfire?
☐ ☐ ☐ ☐
c) Require the installation or maintenance
of associated infrastructure (such as
roads, fuel breaks, emergency water
sources, power lines or other utilities)
that may exacerbate fire risk or that
may result in temporary or ongoing
impacts to the environment?
☐ ☐ ☐ ☐
d) Expose people or structures to
significant risks, including downslope
or downstream flooding or landslides,
as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☐
XXI. MANDATORY FINDINGS OF SIGNIFICANCE. (State CEQA Guidelines section 15065(a).) Initial Study Form
(Appendix G)
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat
of a fish or wildlife species, cause a fish or
wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, substantially reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
☐ ☐ ☐ ☐
b) Does the project have the potential to achieve
short-term environmental goals to the
disadvantage of long-term environmental
goals?
☐ ☐ ☐ ☐
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current project, and the effects of
probable future projects.)
☐ ☐ ☐ ☐
d) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
☐ ☐ ☐ ☐
Note: Authority cited: Public Resources Code sections 21083, 21083.05, 21083.09.
Reference: Gov. Code section 65088.4; Public Resources Code sections 21073, 21074, 21080(c), 21080.1, 21080.3, 21080.3.1, 21080.3.2, 21082.3, 21083, 21083.3, 21083.5, 21084.2, 21084.3, 21093, 21094, 21095 and 21151; Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296; Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099, 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656.
Supplemental Environmental Checklist Form 1 FORM “J-1”
SUPPLEMENTAL ENVIRONMENTAL CHECKLIST FORM
FOR USE WHEN REVIEWING SUBSEQUENT DISCRETIONARY ACTIONS PURSUANT TO A
PREVIOUSLY APPROVED OR CERTIFIED ENVIRONMENTAL DOCUMENT
1. Project Title:
2. Lead Agency Name and Address:
3. Contact Person and Phone Number:
4. Project Location:
5. Project Sponsor's Name and Address:
6. General Plan Designation: 7. Zoning:
8. Previous Environmental Document: Please describe the previously adopted ND or MND or the previously certified EIR (include the date the document was adopted or certified, the date the project was approved, the date the NOD was filed with the County, and a summary of potentially significant effects identified in the CEQA document).
9. Description of Project: (Describe the previously approved project and the authorized entitlements/ discretionary actions. Describe whether the subsequent discretionary action now proposed was considered in the previously approved CEQA document and describe any differences between the proposed action and the approved project.)
10. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.)
11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):
12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, has consultation begun? Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.
Supplemental Environmental Checklist Form 2 FORM “J-1”
NEW SIGNIFICANT ENVIRONMENTAL EFFECTS OR SUBSTANTIALLY MORE SEVERE SIGNIFICANT ENVIRONMENTAL EFFECTS COMPARED TO THOSE IDENTIFIED IN THE PREVIOUS CEQA DOCUMENT.
The subject areas checked below were determined to be new significant environmental effects or to be previously identified effects that have a substantial increase in severity either due to a change in project, change in circumstances or new information of substantial importance, as indicated by the checklist and discussion on the following pages. ☐ Aesthetics ☐ Agriculture Resources ☐ Air Quality
☐ Biological Resources ☐ Cultural Resources ☐ Geology / Soils ☐ Hazards & Hazardous Materials ☐ Hydrology / Water Quality ☐ Land Use / Planning ☐ Mineral Resources ☐ Noise ☐ Population / Housing
☐ Public Services ☐ Recreation ☐ Transportation
☐ Utilities / Service Systems ☐ Mandatory Findings of Significance ☐ Greenhouse Gases ☐ Energy ☐ Wildfire ☐ Tribal Cultural Resources
DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
☐ No substantial changes are proposed in the project and there are no substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous approved ND or MND or certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Also, there is no “new information of substantial importance” as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the previously adopted ND or MND or previously certified EIR adequately discusses the potential impacts of the project without modification.
☐ No substantial changes are proposed in the project and there are no substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous approved ND or MND or certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Also, there is no “new information of substantial importance” as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the previously adopted ND, MND or previously certified EIR adequately discusses the potential impacts of the project; however, minor changes require the preparation of an ADDENDUM.
☐ Substantial changes are proposed in the project or there are substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous ND, MND or EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Or, there is “new information of substantial importance,” as that term is used in CEQA Guidelines Section 15162(a)(3). However, all new potentially significant environmental effects or substantial increases in the severity of previously identified significant effects are clearly reduced to below a level of significance through the incorporation of mitigation measures agreed to by the project applicant.
Therefore, a SUBSEQUENT MND is required.
☐ Substantial changes are proposed in the project or there are substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous environmental document due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Or, there is “new information of substantial importance,” as that term is used in CEQA Guidelines Section 15162(a)(3). However, only minor changes or additions or changes would be necessary to make the previous EIR adequate for the project in the changed situation. Therefore, a SUPPLEMENTAL EIR is required.
☐ Substantial changes are proposed in the project or there are substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous environmental document due to the involvement of significant new environmental effects or a substantial increase in the severity of previously Supplemental Environmental Checklist Form 3 FORM “J-1”
identified significant effects. Or, there is “new information of substantial importance,” as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, a SUBSEQUENT EIR is required.
Signature Date
.
Printed Name For
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A finding of “No New Impact/No Impact” means that the potential impact was fully analyzed and/or mitigated in the prior CEQA document and no new or different impacts will result from the proposed activity. A brief explanation is required for all answers except "No New Impact/No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No New Impact/No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No New Impact/No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. A finding of “New Mitigation is Required” means that the project may have a new potentially significant impact on the environment or a substantially more severe impact than analyzed in the previously approved or certified CEQA document and that new mitigation is required to address the impact.
3. A finding of “New Potentially Significant Impact” means that the project may have a new potentially significant impact on the environment or a substantially more severe impact than analyzed in the previously approved or certified CEQA document that cannot be mitigated to below a level of significance or be avoided.
4. A finding of “Reduced Impact” means that a previously infeasible mitigation measure is now available, or a previously infeasible alternative is now available that will reduce a significant impact identified in the previously prepared environmental document.
5. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
6. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analyses Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the proposed action.
c. Infeasible Mitigation Measures. Since the previous EIR was certified or previous ND or MND was adopted, discuss any mitigation measures or alternatives previously found not to be feasible that would in fact be feasible or that are considerably different from those previously analyzed and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternatives.
d. Changes in Circumstances. Since the previous EIR was certified or previous ND or MND was adopted, discuss any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause a change in conclusion regarding one or more effects discussed in the original document.
Supplemental Environmental Checklist Form 4 FORM “J-1”
7. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
8. Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
9. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.
10. The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; b. differences between the proposed activity and the previously approved project described in the approved ND or MND or certified EIR; and
c. the previously approved mitigation measure identified, if any, to reduce the impact to less than significance.
SAMPLE QUESTION
New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
I. AESTHETICS. Except as provided in Public Resources Code section 21099, would the project:
a) Have a substantial adverse effect on a
scenic vista?
☐ ☐ ☐ ☐
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
☐ ☐ ☐ ☐
c) In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?)
☐ ☐ ☐ ☐
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
☐ ☐ ☐ ☐
II. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board. -- Would the project:
Supplemental Environmental Checklist Form 5 FORM “J-1”
New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
☐ ☐ ☐ ☐
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
☐ ☐ ☐ ☐
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
☐ ☐ ☐ ☐
d) Result in the loss of forest land or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☐
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☐
III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan?
☐ ☐ ☐ ☐
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
☐ ☐ ☐ ☐
c) Expose sensitive receptors to substantial
pollutant concentrations?
☐ ☐ ☐ ☐
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
☐ ☐ ☐ ☐
IV. BIOLOGICAL RESOURCES. Would the project:
Supplemental Environmental Checklist Form 6 FORM “J-1”
New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations, or
by the California Department of Fish and
Game or U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☐
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
U.S. Fish and Wildlife Service?
☐ ☐ ☐ ☐
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
☐ ☐ ☐ ☐
d) Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
☐ ☐ ☐ ☐
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
☐ ☐ ☐ ☐
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
☐ ☐ ☐ ☐
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource
pursuant to § 15064.5?
☐ ☐ ☐ ☐
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?
☐ ☐ ☐ ☐
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?
☐ ☐ ☐ ☐
Supplemental Environmental Checklist Form 7 FORM “J-1”
New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
VI. ENERGY. Would the project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
☐ ☐ ☐ ☐
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
☐ ☐ ☐ ☐
VII. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury or death involving:
☐ ☐ ☐ ☐
i) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
☐ ☐ ☐ ☐
ii) Strong seismic ground shaking? ☐ ☐ ☐ ☐
iii) Seismic-related ground failure,
including liquefaction?
☐ ☐ ☐ ☐
iv) Landslides? ☐ ☐ ☐ ☐
b) Result in substantial soil erosion or the loss
of topsoil?
☐ ☐ ☐ ☐
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
☐ ☐ ☐ ☐
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building
Code, creating substantial direct or indirect
risks to life or property?
☐ ☐ ☐ ☐
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
☐ ☐ ☐ ☐
Supplemental Environmental Checklist Form 8 FORM “J-1”
New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
☐ ☐ ☐ ☐
VIII. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
☐ ☐ ☐ ☐
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emission of greenhouse gases?
☐ ☐ ☐ ☐
IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
☐ ☐ ☐ ☐
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
☐ ☐ ☐ ☐
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
☐ ☐ ☐ ☐
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
☐ ☐ ☐ ☐
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard or excessive
noise for people residing or working in the
project area?
☐ ☐ ☐ ☐
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
☐ ☐ ☐ ☐
Supplemental Environmental Checklist Form 9 FORM “J-1”
New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
g) Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires?
☐ ☐ ☐ ☐
X. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground
water quality?
☐ ☐ ☐ ☐
b) Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
☐ ☐ ☐ ☐
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river or through the addition of impervious
surfaces, in a manner which would:
☐ ☐ ☐ ☐
i) result in substantial erosion or siltation
on- or off-site;
☐ ☐ ☐ ☐
ii) substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
offsite;
☐ ☐ ☐ ☐
iii) create or contribute runoff water which
would exceed the capacity of existing
or planned stormwater drainage
systems or provide substantial
additional sources of polluted runoff; or
☐ ☐ ☐ ☐
iv) impede or redirect flood flows? ☐ ☐ ☐ ☐
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
☐ ☐ ☐ ☐
e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
☐ ☐ ☐ ☐
XI. LAND USE AND PLANNING. Would the project:
a) Physically divide an established
community?
☐ ☐ ☐ ☐
Supplemental Environmental Checklist Form 10 FORM “J-1” New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
b) Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
☐ ☐ ☐ ☐
XII. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?
☐ ☐ ☐ ☐
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific
plan or other land use plan?
☐ ☐ ☐ ☐
XIII. NOISE. Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
☐ ☐ ☐ ☐
b) Generation of excessive groundborne
vibration or groundborne noise levels?
☐ ☐ ☐ ☐
c) For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been adopted,
within two miles of a public airport or
public use airport, would the project expose
people residing or working in the project
area to excessive noise levels?
☐ ☐ ☐ ☐
XIV. POPULATION AND HOUSING. Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of road or other
infrastructure)?
☐ ☐ ☐ ☐
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
☐ ☐ ☐ ☐
Supplemental Environmental Checklist Form 11 FORM “J-1” New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
XV. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical
impacts associated with the provision of
new or physically altered governmental
facilities, need for new or physically
altered governmental facilities, the
construction of which could cause
significant environmental impacts, in order
to maintain acceptable service ratios,
response times or other performance
objectives for any of the public services:
☐ ☐ ☐ ☐
Fire protection? ☐ ☐ ☐ ☐
Police protection? ☐ ☐ ☐ ☐
Schools? ☐ ☐ ☐ ☐
Parks? ☐ ☐ ☐ ☐
Other public facilities? ☐ ☐ ☐ ☐
XVI. RECREATION.
a) Would the project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
☐ ☐ ☐ ☐
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
have an adverse physical effect on the
environment?
☐ ☐ ☐ ☐
XVII. TRANSPORTATION. Would the project:
a) Conflict with program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
☐ ☐ ☐ ☐
b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision
(b)?
☐ ☐ ☐ ☐
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
☐ ☐ ☐ ☐
d) Result in inadequate emergency access? ☐ ☐ ☐ ☐
Supplemental Environmental Checklist Form 12 FORM “J-1” New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
XVIII. TRIBAL CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in Public Resources Code section
21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with
cultural value to a California Native
American tribe, and that is:
☐ ☐ ☐ ☐
i) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code section 5020.1(k), or
☐ ☐ ☐ ☐
ii) A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be
significant pursuant to criteria set forth
in subdivision (c) of Public Resources
Code section 5024.1. In applying the
criteria set forth in subdivision (c) of
Public Resources Code section 5024.1,
the lead agency shall consider the
significance of the resource to a
California Native American tribe.
☐ ☐ ☐ ☐
XIX. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
☐ ☐ ☐ ☐
b) Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
☐ ☐ ☐ ☐
c) Result in a determination by the wastewater
treatment provider which serves or may
serve the project that it has adequate
capacity to serve the project's projected
demand in addition to the provider's
existing commitments?
☐ ☐ ☐ ☐
Supplemental Environmental Checklist Form 13 FORM “J-1” New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity
of local infrastructure, or otherwise impair
the attainment of solid waste reduction
goals?
☐ ☐ ☐ ☐
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
☐ ☐ ☐ ☐
X. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
☐ ☐ ☐ ☐
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?
☒ ☐ ☐ ☐
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power
lines or other utilities) that may exacerbate
fire risk or that may result in temporary or
ongoing impacts to the environment?
☐ ☐ ☐ ☐
d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
☐ ☐ ☐ ☐
XI. MANDATORY FINDINGS OF SIGNIFICANCE. (State CEQA Guidelines section 15065(a).) a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate
a plant or animal community, substantially
reduce the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of the major
periods of California history or prehistory?
☐ ☐ ☐ ☐
b) Does the project have the potential to
achieve short-term environmental goals to
the disadvantage of long-term
environmental goals?
☐ ☐ ☐ ☐
Supplemental Environmental Checklist Form 14 FORM “J-1” New
Potentially
Significant
Impact
New
Mitigation
is Required
No New
Impact/No
Impact
Reduced
Impact
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the incremental
effects of a project are considerable when
viewed in connection with the effects of
past projects, the effects of other current
project, and the effects of probable future
projects.)
☐ ☐ ☐ ☐
d) Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
☐ ☐ ☐ ☐
Notice of Availability of Draft EIR FORM “K”
NOTICE OF AVAILABILITY OF DRAFT EIR
To:
From:
Lead Agencies:
Contacts (name, address,
telephone, email address):
Project Title:
Project Location – Specific;
Identify street address and
cross streets or attach a map
showing project site
(preferably a USGS 15’ or 7
1/2’ topographical map
identified by quadrangle
name):
Project Location – City:
Project Location – County:
Description of Nature, Purpose, and Beneficiaries of Project:
Significant environmental
effects:
Place and time of scheduled
meetings:
Date when project noticed to
public:
Address where copy of the EIR is available and how it can be obtained in an electronic format:
Review Period: to
Comments on the Draft EIR may be submitted via e-mail to xxxxxxx, or via U.S. mail to xxxxx, at the above mailing address by ____ __.m. on ____________, 2023. In addition, comments may be provided at the public hearing noticed above.
REQUEST FOR FEE EXEMPTION\Inland Desert
Region (Region 6)
1 FORM “L”
California Department of Fish and Wildlife - Inland Desert Region 6 No Effect Determination Request Form
To: DEPARTMENT OF FISH AND WILDLIFE
Inland Desert Regional Office
3602 Inland Empire Boulevard, Suite C-220
Ontario, CA 91764
Information:(909) 484-0167
FAX: (909) 941-7364
Email: [email protected]
http://www.wildlife.ca.gov
Environmental Review and Permitting
1416 Ninth Street
Sacramento, California 95814
Information: (916) 653-4875
Date Submitted:
CEQA Lead Agency:
Lead Agency Contact Phone Number:
Lead Agency Address:
SCH Number or County Filing Number
and local agency project/case number:
CEQA Document Type (the type of
document prepared for your project by the
CEQA Lead Agency):
Applicant Name and Contact Phone
Number (if applicable):
Applicant Address (if applicable):
Project Title:
Project Location (include the street
address, lat/long, range/township/section,
or other description that clearly indicates
the location of the project site. Include an
aerial or topographic map of the project
site):
Project Description (include details such
as new construction [with square footage],
demolition of existing buildings, adaptive
reuse of existing buildings, zoning
amendments, general plan amendments,
conditional use for sale of alcoholic
beverages, etc.) Use additional sheets if
necessary:
Justification for No Effect Determination
(explain how the proposed project is
consistent with Title 14 Section 753.5(d)
CCR):
REQUEST FOR FEE EXEMPTION\Inland Desert
Region (Region 6)
2 FORM “L”
Facts Supporting Fee Exemption:
1. An Initial Study has been prepared by the Lead Agency to evaluate the project's effects on fish and wildlife resources, if any.
2. The Lead Agency hereby finds that there is substantial evidence that the project will have no effect on fish or wildlife.
3. The project will have NO EFFECT on the following resources:
(A) Riparian land, rivers, streams, watercourses and wetlands; (B) Native and non-native plant life and the soil required to sustain habitat for fish and wildlife; (C) Rare and unique plant life and ecological communities dependent on plant life; (D) Listed threatened and endangered plants and animals and the habitat in which they are believed to reside; (E) All species listed as protected or identified for special management in the Fish and Game Code, the Public Resources Code, the Water Code or regulations adopted thereunder; (F) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside; and
(G) All air and water resources, the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water.
DECLARATION:
Based on the Lead Agency’s evaluation of potential adverse effects on fish and wildlife resources, the Lead Agency believes the project will have no effect on fish or wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
______________________________________
Signature - Lead Agency Representative
Title:
Lead Agency:
Date:
Notice of Recirculation FORM “M”
NOTICE OF RECIRCULATION
To whom it may concern:
You are receiving this notice because you commented on the Draft EIR for the following Project:
Project Name:
Project Description:
Project Location – Identify street address and
cross streets or attach a map showing project
site (preferably a USGS 15’ or 7 1/2’
topographical map identified by quadrangle
name):
The Draft EIR prepared for this project has been revised. ☐ The entire Draft EIR is being recirculated. Your prior comments remain part of the administrative record, but they are no longer applicable to the Draft EIR that is under consideration. The Final EIR will not provide a response to your prior comments. Should you wish to comment on the revised Draft EIR, you will need to submit new comments.
☐ Only the following chapters or portions of the
Draft EIR have been revised, and only those
parts of the revised Draft EIR are being
recirculated:
☐ Your comments should be limited to those parts of the revised Draft EIR that are being recirculated. ☐ Your comments need not be limited to those parts of the revised Draft EIR that are being recirculated.
Review Period on Recirculated Draft EIR: From to
All comments on the Recirculated Draft EIR should be addressed to the following individual and must be received no later than [FILL-IN END DATE]. Should you have any questions about this notice, please contact:
Staff:
Title:
Telephone Number:
E-Mail:
Date Received for Filing: Staff
(Clerk Stamp Here)
REQUEST FOR WATER SUPPLY ASSESSMENT FORM “N”
THIS IS A SAMPLE FORM AND SHOULD BE MODIFIED TO MEET THE NEEDS OF
THE PARTICULAR PROJECT/CIRCUMSTANCE
General Manager
Re: Water Supply Assessment for Project within the ________________ Dear ______________,
We have received an application from [project proponent] for the following project (“Project”):
We have consulted with each other and have mutually agreed that your [District/Agency/Company] is a public water system that may provide water service to the Project. We have also mutually agreed that the Project is subject to the water supply assessment requirements of Water Code sections 10910 - 10912. Pursuant to Water Code section 10910, [Agency name] requests to submit a water supply assessment for the Project on or before _________, which is within 90 days of the date of this request. We concurrently request the [District/Agency/Company] to state whether the projected water demand associated with the Project was included as part of the most recently adopted Urban Water Management Plan. Please contact me to confirm receipt of this request.
Thank you for your cooperation in this matter. If you have any questions about this request, please contact me at your earliest convenience.
WATER SUPPLY VERIFICATION REQUEST FORM “O”
THIS IS A SAMPLE FORM AND SHOULD BE MODIFIED AS NECESSARY TO MEET THE
NEEDS OF THE PARTICULAR PROJECT/CIRCUMSTANCE
General Manager
Re: Water Supply Verification for Project within the of ________________ Dear __________________________,
________________ has submitted to the [public agency] an application for tentative map (No. ) for the following subdivision (“Subdivision”):
______________ staff has determined that the application is complete. Pursuant to Government Code section 66455.3, we are enclosing a copy of the application.] [We have consulted with each other and have mutually agreed that your is a public water system that may provide water service to the Subdivision. We have also mutually agreed that the Subdivision is subject to the water supply verification requirements of the Subdivision Map Act.] Pursuant to Government Code section 66473.7(b)(1), requests your ____________ to submit a water supply verification for the Subdivision on or before , which is within 90 days of the date of this request. Please contact me to confirm receipt of this request.
Thank you for your cooperation in this matter. If you have any questions about this request, please contact me at your earliest convenience.
Request for Shortened Review 1 FORM “P”
SHORTENED REVIEW REQUEST FORM
(To be filled out and signed by the Lead Agency and submitted with the DEIR or Negative Declaration to SCH) TO: State Clearinghouse
P.O. Box 3044
Sacramento, CA 95812-3044
FROM: Lead Agency:
Address:
Phone No.:
Contact:
State Clearinghouse Number:
Project Title:
Specific Project Location – Identify street address and cross street or attach a map showing project site (preferably a USGS 15’ or 7 ½’ topographical map identified by quadrangle name):
General Project Location (City and/or County):
Type of Environmental Document:
☐ Environmental Impact Report (EIR). The Lead Agency issued a Notice of Preparation on ________ and received comments from applicable State agencies.
☐ Negative Declaration (ND) or Mitigated Negative Declaration (MND). The Lead Agency consulted with applicable State agencies on .
Brief Project Description:
Explain “exceptional circumstances” (State CEQA Guidelines Section 15205(d)) for requesting a shortened review.
Identify which of the following five (5) criteria in State CEQA Guidelines Appendix K are met for this project.
1. ☐ The Lead Agency is operating under an extension of the one-year period for completion of an EIR and would not otherwise be able to complete the EIR within the extended period.
2. ☐ The public project applicant is under severe time constraints with regard to obtaining financing or exercising options which cannot be met without shortening the review period.
3. ☐ The document is a supplement to a draft EIR or proposed negative declaration or mitigated negative declaration previously submitted to the State Clearinghouse.
4. ☐ The health and safety of the community would be at risk unless the project is approved expeditiously.
5. ☐ The document is a revised draft EIR, or proposed negative declaration or mitigated negative declaration, where changes in the document are primarily the result of comments from agencies and the public.
Request for Shortened Review 2 FORM “P”
Explain how the above criteria applies to the project.
In compliance with the State and Local CEQA Guidelines, the Lead Agency has contacted and obtained prior approval for a shortened review from the applicable State responsible and trustee agencies. List responsible and trustee state agencies with contact person, phone number and date of consent for the shortened review, as well as any agencies that have commented on the project (attach additional pages, if necessary):
As designated representative for the Lead Agency, I verify, in the Lead Agency’s behalf, that there is no “statewide, regional, or areawide significance” to this project.
Length of review being requested: days
Date: ____________________________________________
Signature of Designated Lead Agency Representative
Print Name:
Title:
Date Received for Filing:
Electronic Submittal 1 FORM “Q”
SUMMARY FORM FOR ELECTRONIC DOCUMENT SUBMITTAL
Lead agencies must submit Environmental Impact Reports, Negative Declarations, Mitigated Negative Declarations, or Notices of Preparation to the State Clearinghouse (SCH) through the CEQA Submit portal. The SCH also accepts other summaries, such as EIR Executive Summaries prepared pursuant to CEQA Guidelines Section 15123 electronically only.
Please include the Notice of Completion Form (NOC) with your submission and attach the summary to each electronic copy of the document.
State Clearinghouse Number:
Project Title:
Lead Agency:
Contact Name:
Email: Phone Number:
Project Location (City and County):
Provide a Project Description (Proposed actions, location, and/or consequences).
Identify the project's significant or potentially significant effects and briefly describe any proposed mitigation measures that would reduce or avoid that effect.
If applicable, describe any of the project’s areas of controversy known to the Lead Agency, including issues raised by agencies and the public.
Provide a list of the responsible or trustee agencies for the project. 1 PERFORMANCE STANDARDS FOR INFILL PROJECT FORM R
Form R: Performance Standards for Infill Projects Eligible for Streamlined Review
I. Introduction
Section 15183.3 provides a streamlined review process for infill projects that satisfy specified performance standards. This appendix contains those performance standards. The lead agency's determination that the project satisfies the performance standards shall be supported with substantial evidence, which should be documented on the Infill Checklist in Appendix S. Section II defines terms used in this Appendix. Performance standards that apply to all project types are set forth in Section III.
Section IV contains performance standards that apply to particular project types (i.e., residential, commercial/retail, office building, transit stations, and schools).
II. Definitions
The following definitions apply to the terms used in this Appendix. “High-quality transit corridor” means an existing corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. For the purposes of this Appendix, an “existing stop along a high-quality transit corridor” may include a planned and funded stop that is included in an adopted regional transportation improvement program.
Unless more specifically defined by an air district, city or county, “high-volume roadway” means freeways, highways, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day.
“Low vehicle travel area” means a traffic analysis zone that exhibits a below average existing level of travel as determined using a regional travel demand model. For residential projects, travel refers to either home-based or household vehicle miles traveled per capita. For commercial and retail projects, travel refers to non-work attraction trip length; however, where such data are not available, commercial projects reference either home-based or household vehicle miles traveled per capita. For office projects, travel refers to commute attraction vehicle miles traveled per employee; however, where such data are not available, office projects reference either home-based or household vehicle miles traveled per capita. “Major Transit Stop” means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with frequencies of service intervals of 15 minutes or less during the morning and afternoon peak commute periods. For the purposes of this Appendix, an “existing major transit stop” may include a planned and funded stop that is included in an adopted regional transportation improvement program. “Office building” generally refers to centers for governmental or professional services; however, the lead agency shall have discretion in determining whether a project is “commercial” or “office building” for the purposes of this Appendix based on local zoning codes. “Significant sources of air pollution” include airports, marine ports, rail yards and distribution centers that receive more than 100 heavy-duty truck visits per day, as well as stationary sources that are designated major by the Clean Air Act.
2 PERFORMANCE STANDARDS FOR INFILL PROJECT FORM R
A “Traffic Analysis Zone” is an analytical unit used by a travel demand model to estimate vehicle travel within a region.
III. Performance Standards Related to Project Design
To be eligible for streamlining pursuant to Section 15183.3, a project must implement all of the following:
Renewable Energy. All non-residential projects shall include on-site renewable power generation, such as solar photovoltaic, solar thermal and wind power generation, or clean back-up power supplies, where feasible. Residential projects are also encouraged to include such on-site renewable power generation.
Soil and Water Remediation. If the project site is included on any list compiled pursuant to Section 65962.5 of the Government Code, the project shall document how it has remediated the site, if remediation is completed. Alternatively, the project shall implement the recommendations provided in a preliminary endangerment assessment or comparable document that identifies remediation appropriate for the site.
Residential Units Near High-Volume Roadways and Stationary Sources. If a project includes residential units located within 500 feet, or other distance determined to be appropriate by the local agency or air district based on local conditions, of a high volume roadway or other significant sources of air pollution, the project shall comply with any policies and standards identified in the local general plan, specific plan, zoning code or community risk reduction plan for the protection of public health from such sources of air pollution. If the local government has not adopted such plans or policies, the project shall include measures, such as enhanced air filtration and project design, that the lead agency finds, based on substantial evidence, will promote the protection of public health from sources of air pollution. Those measures may include, among others, the recommendations of the California Air Resources Board, air districts, and the California Air Pollution Control Officers Association.
IV. Additional Performance Standards by Project Type
In addition to the project features described above in Section III, specific eligibility requirements are provided below by project type.
Several of the performance standards below refer to “low vehicle travel areas.” Such areas can be illustrated on maps based on data developed by the regional Metropolitan Planning Organization (MPO) using its regional travel demand model.
Several of the performance standards below refer to distance to transit. Distance should be calculated so that at least 75 percent of the surface area of the project site is within the specified distance.
A. Residential
To be eligible for streamlining pursuant to Section 15183.3, a project must satisfy one of the following:
3 PERFORMANCE STANDARDS FOR INFILL PROJECT FORM R
Projects achieving below average regional per capita vehicle miles traveled (VMT). A residential project is eligible if it is located in a “low vehicle travel area” within the region.
Projects located within 1/2% mile of an Existing Major Transit Stop or High Quality Transit Corridor. A residential project is eligible if it is located within 1/2 mile of an existing major transit stop or an existing stop along a high quality transit corridor.
Low-Income Housing. A residential or mixed-use project consisting of 300 or fewer residential units all of which are affordable to low income households is eligible if the developer of the development project provides sufficient legal commitments to the lead agency to ensure the continued availability and use of the housing units for lower income households, as defined in Section 50079.5 of the Health and Safety Code, for a period of at least 30 years, at monthly housing costs, as determined pursuant to Section 50053 of the Health and Safety Code.
B. Commercial/Retail
To be eligible for streamlining pursuant to Section 15183.3, a project must satisfy one of the following:
Regional Location. A commercial project with no single-building floor-plate greater than 50,000 square feet is eligible if it locates in a “low vehicle travel area.” Proximity to Households. A project with no single-building floor-plate greater than 50,000 square feet located within one-half mile of 1800 households is eligible.
C. Office Building
To be eligible for streamlining pursuant to Section 15183.3, a project must satisfy one of the following:
Regional Location. Office buildings, both commercial and public, are eligible if they locate in a low vehicle travel area.
Proximity to a Major Transit Stop. Office buildings, both commercial and public, within 1/2 mile of an existing major transit stop, or 1/4 mile of an existing stop along a high quality transit corridor, are eligible.
D. Transit
Transit stations, as defined in Section 15183.3(e)(1), are eligible.
E. Schools
Elementary schools within one mile of fifty percent of the projected student population are eligible.
Middle schools and high schools within two miles of fifty percent of the projected student population are eligible. Alternatively, any school within 1/2% mile of an existing major transit stop or an existing stop along a high quality transit corridor is eligible. 4 PERFORMANCE STANDARDS FOR INFILL PROJECT FORM R
Additionally, in order to be eligible, all schools shall provide parking and storage for bicycles and scooters and shall comply with the requirements in Sections 17213, 17213.1 and 17213.2 of the California Education Code.
F. Small Walkable Community Projects
Small walkable community projects, as defined in Section 15183.3, subdivision (e)(6), that implement the project features described in Section III above are eligible.
G. Mixed-Use Projects
Where a project includes some combination of residential, commercial and retail, office building, transit station, and/or schools, the performance standards in this Section that apply to the predominant use shall govern the entire project.
Authority: Public Resources Code Sections 21083, 21094.5.5 Reference: Public Resources Code Sections 21094.5 and 21094.5.5 Infill Environmental Checklist Form Page 1 of 23 FORM “S”
INFILL ENVIRONMENTAL CHECKLIST FORM
NOTE: This sample form is intended to assist lead agencies in assessing infill projects according to the procedures provided in Section 21094.5 of the Public Resources Code. Lead agencies may customize this form as appropriate, provided that the contents satisfies the requirements in Section 15183.3 of the State CEQA Guidelines.
1. Project Title:
2. Lead Agency Name and Address:
3. Contact Person and Phone Number:
4. Project Location: Click to enter text.
5. Project Sponsor's Name and Address:
6. General Plan Designation: 7. Zoning:
8. Prior Environmental Document(s) Analyzing the Effects of the Infill Project:
9. Location of Prior Environmental Document(s) Analyzing the Effects of the Infill Project (including State Clearinghouse Number, if assigned):
10. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheet(s) if necessary.)
11. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings, including any prior uses of the project site, or, if vacant, describe the urban uses that exist on at least 75% of the project’s perimeter.)
12. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):
13. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
___________________________________________________________________________________________ Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality
Infill Environmental Checklist Form Page 2 of 23 FORM “S”
SATISFACTION OF FORM R PERFORMANCE STANDARDS
Provide the information demonstrating that the infill project satisfies the performance standards in Form R below. For mixed-use projects, the predominant use will determine which performance standards apply to the entire project.
1. Does the non-residential infill project include a renewable energy feature? If so, describe below. If not, explain below why it is not feasible to do so.
2. If the project site is included on any list compiled pursuant to Section 65962.5 of the Government Code, either provide documentation of remediation or describe the recommendations provided in a preliminary endangerment assessment or comparable document that will be implemented as part of the project.
3. If the infill project includes residential units located within 500 feet, or such distance that the local agency or local air district has determined is appropriate based on local conditions, a high volume roadway or other significant source of air pollution, as defined in Form R, describe the measures that the project will implement to protect public health. Such measures may include policies and standards identified in the local general plan, specific plans, zoning code or community risk reduction plan, or measures recommended in a health risk assessment, to promote the protection of public health. Identify the policies or standards, or refer to the site specific analysis, below. (Attach additional sheets if necessary.)
4. For residential projects, the project satisfies which of the following? ☐ Located within a low vehicle travel area, as defined in Form S. (Attach VMT map.) ☐ Located within 1/2 mile of an existing major transit stop or an existing stop along a high quality transit corridor. (Attach map illustrating proximity to transit.)
☐ Consists of 300 or fewer units that are each affordable to low income households. (Attach evidence of legal commitment to ensure the continued availability and use of the housing units for lower income households, as defined in Section 50079.5 of the Health and Safety Code, for a period of at least 30 years, at monthly housing costs, as determined pursuant to Section 50053 of the Health and Safety Code.)
5. For commercial projects with a single building floor-plate below 50,000 square feet, the project satisfies which of the following?
☐ Located within a low vehicle travel area, as defined in Form R. (Attach VMT map.) ☐ The project is within one-half mile of 1800 dwelling units. (Attach map illustrating proximity to households.)
6. For office building projects, the project satisfies which of the following? ☐ Located within a low vehicle travel area, as defined in Form R. (Attach VMT map.) ☐ Located within 1/2 mile of an existing major transit stop or within 1/4 of a stop along a high quality transit corridor. (Attach map illustrating proximity to transit.)
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Infill Environmental Checklist Form Page 3 of 23 FORM “S”
7. For school projects, the project does all of the following:
☐ The project complies with the requirements of Sections 17213, 17213.1 and 17213.2 of the California Education Code.
☐ The project is an elementary school and is within one mile of 50% of the student population, or is a middle school or high school and is within two miles of 50% of the student population. Alternatively, the school is within 1/2 mile of an existing major transit stop or an existing stop along a high quality transit corridor. (Attach map and methodology.) ☐ The project provides parking and storage for bicycles and scooters.
8. For small walkable community projects, the project must be a residential project that has a density of at least eight units to the acre or a commercial project with a floor area ratio of at least 0.5, or both.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The infill project could potentially result in one or more of the following environmental effects. ☐ Aesthetics ☐ Agriculture and Forestry Resources ☐ Air Quality ☐ Biological Resources ☐ Cultural Resources ☐ Geology / Soils ☐ Greenhouse Gas Emissions ☐ Hazards & Hazardous Materials ☐ Hydrology / Water Quality ☐ Land Use / Planning ☐ Mineral Resources ☐ Noise
☐ Population / Housing ☐ Public Services ☐ Recreation
☐ Transportation ☐ Utilities / Service Systems ☐ Mandatory Findings of Significance ☐ Energy ☐ Wildfire
DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
☒ I find that the proposed infill project WOULD NOT have any significant effect on the environment that either have not already been analyzed in a prior EIR or that are more significant than previously analyzed, or that uniformly applicable development policies would not substantially mitigate. Pursuant to Public Resources Code Section 21094.5, CEQA does not apply to such effects. A Notice of Determination will be filed. (State CEQA Guidelines, § 15094.)
☐ I find that the proposed infill project will have effects that either have not been analyzed in a prior EIR, or are more significant than described in the prior EIR, and that no uniformly applicable development policies would substantially mitigate such effects. With respect to those effects that are subject to CEQA, I find that such effects WOULD NOT be significant and a NEGATIVE DECLARATION, or if the project is a Transit Priority Project a SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT, will be prepared. ☐ I find that the proposed infill project will have effects that either have not been analyzed in a prior EIR, or are more significant than described in the prior EIR, and that no uniformly applicable development policies would substantially mitigate such effects. I find that although those effects could be significant, there will not be a significant effect in this case because revisions in the infill project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION, or if the project is a Transit Priority Project a SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT, will be prepared.
Infill Environmental Checklist Form Page 4 of 23 FORM “S” ☐ I find that the proposed infill project would have effects that either have not been analyzed in a prior EIR, or are more significant than described in the prior EIR, and that no uniformly applicable development policies would substantially mitigate such effects. I find that those effects WOULD be significant, and an infill ENVIRONMENTAL IMPACT REPORT is required to analyze those effects that are subject to CEQA.
Signature Date
.
Printed Name
.
For
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a Lead Agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. For the purposes of this checklist, “prior EIR” means the environmental impact report certified for a planning level decision, as supplemented by any subsequent or supplemental environmental impact reports, negative declarations, or addenda to those documents. “Planning level decision” means the enactment or amendment of a general plan, community plan, specific plan, or zoning code. (State CEQA Guidelines, § 15183.3(f)(2).)
4. Once the Lead Agency has determined that a particular physical impact may occur as a result of an infill project, then the checklist answers must indicate whether the impact has already been analyzed in a prior EIR. If the effect of the infill project is not more significant than what has already been analyzed, that effect of the infill project is not subject to CEQA. The brief explanation accompanying this determination should include page and section references to the portions of the prior EIR containing this analysis of that effect. The brief explanation shall also indicate whether the prior EIR included any mitigation measures to substantially lessen that effect and whether those measures have been incorporated into the infill project.
5. If the infill project would cause a significant adverse effect that either is specific to the project or project site and was not analyzed in a prior EIR, or is more significant than what was analyzed in a prior EIR, the Lead Agency must determine whether uniformly applicable development policies or standards that have been adopted by the Lead Agency, or city or county, would substantially mitigate that effect. If so, the checklist shall explain how the infill project’s implementation of the uniformly applicable development policies will substantially mitigate that effect.
That effect of the infill project is not subject to CEQA if the lead agency makes a finding, based upon substantial evidence, that the development policies or standards will substantially mitigate that effect.
6. If all effects of an infill project were either analyzed in a prior EIR or are substantially mitigated by uniformly applicable development policies or standards, CEQA does not apply to the project, and the Lead Agency shall file a Notice of Determination.
7. Effects of an infill project that either have not been analyzed in a prior EIR, or that uniformly applicable development policies or standards do not substantially mitigate, are subject to CEQA. With respect to those effects of the infill project that are subject to CEQA, the checklist shall indicate whether those effects are significant, less than significant with mitigation, or less than significant. If there are one or more “Significant Impact” entries when the determination is made, an infill EIR is required. The infill EIR should be limited to analysis of those effects determined to be significant. (State CEQA Guidelines, § 15183.3(d).)
8. “Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures will reduce an effect of an infill project that is subject to CEQA from “Significant Impact” to a “Less Than Significant Infill Environmental Checklist Form Page 5 of 23 FORM “S” Impact.” The Lead Agency must describe the mitigation measures, and briefly explain how those measures reduce the effect to a less than significant level. If the effects of an infill project that are subject to CEQA are less than significant with mitigation incorporated, the Lead Agency may prepare a Mitigated Negative Declaration. If all of the effects of the infill project that are subject to CEQA are less than significant, the lead agency may prepare a Negative Declaration.
9. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to an infill project's environmental effects in whatever format is selected.
10. The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance.
Issues:
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
I. AESTHETICS. Except as
provided in Public Resources
Code section 21099, would
the project:
a) Have a substantial
adverse effect on a
scenic vista?
☐ ☐ ☐ ☐ ☐ ☐
b) Substantially damage
scenic resources,
including, but not limited
to, trees, rock
outcroppings, and
historic buildings within
a state scenic highway?
☐ ☐ ☐ ☐ ☐ ☐
c) In non-urbanized areas,
substantially degrade the
existing visual character
or quality of public
views of the site and its
surroundings? (Public
views are those that are
experienced from
publicly accessible
vantage point). If the
project is in an urbanized
area, would the project
conflict with applicable
zoning and other
regulations governing
scenic quality?)
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 6 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
d) Create a new source of
substantial light or glare
which would adversely
affect day or nighttime
views in the area?
☐ ☐ ☐ ☐ ☐ ☐
II. AGRICULTURE AND
FOREST RESOURCES. In
determining whether impacts
to agricultural resources are
significant environmental
effects, lead agencies may
refer to the California
Agricultural Land Evaluation
and Site Assessment Model
(1997) prepared by the
California Dept. of
Conservation as an optional
model to use in assessing
impacts on agriculture and
farmland. In determining
whether impacts to forest
resources, including
timberland, are significant
environmental effects, lead
agencies may refer to
information compiled by the
California Department of
Forestry and Fire Protection
regarding the state’s
inventory of forest land,
including the Forest and
Range Assessment Project
and the Forest Legacy
Assessment project; and
forest carbon measurement
methodology provided in
Forest protocols adopted by
the California Air Resources
Board. -- Would the project:
a) Convert Prime
Farmland, Unique
Farmland, or Farmland
of Statewide Importance
(Farmland), as shown on
the maps prepared
pursuant to the Farmland
Mapping and Monitoring
Program of the
California Resources
Agency, to nonagricultural use?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 7 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
b) Conflict with existing
zoning for agricultural
use, or a Williamson Act
contract?
☐ ☐ ☐ ☐ ☐ ☐
c) Conflict with existing
zoning for, or cause
rezoning of, forest land
(as defined in Public
Resources Code section
12220(g)), timberland
(as defined by Public
Resources Code section
4526), or timberland
zoned Timberland
Production (as defined
by Government Code
section 51104(g))?
☐ ☐ ☐ ☐ ☐ ☐
d) Result in the loss of
forest land or conversion
of forest land to nonforest use?
☐ ☐ ☐ ☐ ☐ ☐
e) Involve other changes in
the existing environment
which, due to their
location or nature, could
result in conversion of
Farmland, to nonagricultural use or
conversion of forest land
to non-forest use?
☐ ☐ ☐ ☐ ☐ ☐
III. AIR QUALITY. Where
available, the significance
criteria established by the
applicable air quality
management district or air
pollution control district may
be relied upon to make the
following determinations.
Would the project:
☐ ☐ ☐ ☐ ☐ ☐
a) Conflict with or obstruct
implementation of the
applicable air quality
plan?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 8 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
b) Result in a cumulatively
considerable net increase
of any criteria pollutant
for which the project
region is non-attainment
under an applicable
federal or state ambient
air quality standard?
☐ ☐ ☐ ☐ ☐ ☐
c) Expose sensitive
receptors to substantial
pollutant concentrations?
☐ ☐ ☐ ☐ ☐ ☐
d) Result in other emissions
(such as those leading to
odors) adversely
affecting a substantial
number of people?
☐ ☐ ☐ ☐ ☐ ☐
IV. BIOLOGICAL
RESOURCES. Would the
project:
a) Have a substantial
adverse effect, either
directly or through
habitat modifications, on
any species identified as
a candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations,
or by the California
Department of Fish and
Game or U.S. Fish and
Wildlife Service?
☒ ☐ ☐ ☐ ☐ ☐
b) Have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community identified in
local or regional plans,
policies, regulations or
by the California
Department of Fish and
Game or U.S. Fish and
Wildlife Service?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 9 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
c) Have a substantial
adverse effect on state or
federally protected
wetlands (including, but
not limited to, marsh,
vernal pool, coastal, etc.)
through direct removal,
filling, hydrological
interruption, or other
means?
☐ ☐ ☐ ☐ ☐ ☐
d) Interfere substantially
with the movement of
any native resident or
migratory fish or wildlife
species or with
established native
resident or migratory
wildlife corridors, or
impede the use of native
wildlife nursery sites?
☐ ☐ ☐ ☐ ☐ ☐
e) Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance?
☐ ☐ ☐ ☐ ☐ ☐
f) Conflict with the
provisions of an adopted
Habitat Conservation
Plan, Natural
Community
Conservation Plan, or
other approved local,
regional, or state habitat
conservation plan?
☐ ☐ ☐ ☐ ☐ ☐
V. CULTURAL
RESOURCES. Would the
project:
a) Cause a substantial
adverse change in the
significance of a
historical resource
pursuant to § 15064.5?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 10 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
b) Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to § 15064.5?
☐ ☐ ☐ ☐ ☐ ☐
c) Disturb any human
remains, including those
interred outside of
dedicated cemeteries?
☐ ☐ ☐ ☐ ☐ ☐
VI. ENERGY. Would the
project:
a) Result in potentially
significant
environmental impact
due to wasteful,
inefficient, or
unnecessary
consumption of energy
resources, during project
construction or
operation?
☐ ☐ ☐ ☐ ☐ ☐
b) Conflict with or obstruct
a state or local plan for
renewable energy or
energy efficiency?
☐ ☐ ☐ ☐ ☐ ☐
VII. GEOLOGY AND SOILS.
Would the project:
a) Directly or indirectly
cause potential
substantial adverse
effects, including the risk
of loss, injury or death
involving:
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 11 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
i) Rupture of a known
earthquake fault, as
delineated on the
most recent AlquistPriolo Earthquake
Fault Zoning Map
issued by the State
Geologist for the
area or based on
other substantial
evidence of a known
fault? Refer to
Division of Mines
and Geology Special
Publication 42.
☐ ☐ ☐ ☐ ☐ ☐
ii) Strong seismic
ground shaking?
☐ ☐ ☐ ☐ ☐ ☐
iii) Seismic-related
ground failure,
including
liquefaction?
☐ ☐ ☐ ☐ ☐ ☐
iv) Landslides? ☐ ☐ ☐ ☐ ☐ ☐
b) Result in substantial soil
erosion or the loss of
topsoil?
☐ ☐ ☐ ☐ ☐ ☐
c) Be located on a geologic
unit or soil that is
unstable, or that would
become unstable as a
result of the project, and
potentially result in onor off-site landslide,
lateral spreading,
subsidence, liquefaction
or collapse?
☐ ☐ ☐ ☐ ☐ ☐
d) Be located on expansive
soil, as defined in Table
18-1-B of the Uniform
Building Code, creating
substantial direct or
indirect risks to life or
property?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 12 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
e) Have soils incapable of
adequately supporting
the use of septic tanks or
alternative waste water
disposal systems where
sewers are not available
for the disposal of waste
water?
☐ ☐ ☐ ☐ ☐ ☐
f) Directly or indirectly
destroy a unique
paleontological resource
or site or unique
geologic feature?
☐ ☐ ☐ ☐ ☐ ☐
VIII. GREENHOUSE GAS
EMISSIONS. Would the
project:
a) Generate greenhouse gas
emissions, either directly
or indirectly, that may
have a significant impact
on the environment?
☐ ☐ ☐ ☐ ☐ ☐
b) Conflict with an
applicable plan, policy or
regulation adopted for
the purpose of reducing
the emission of
greenhouse gases?
☐ ☐ ☐ ☐ ☐ ☐
IX. HAZARDS AND
HAZARDOUS
MATERIALS. Would the
project:
a) Create a significant
hazard to the public or
the environment through
the routine transport,
use, or disposal of
hazardous materials?
☐ ☐ ☐ ☐ ☐ ☐
b) Create a significant
hazard to the public or
the environment through
reasonably foreseeable
upset and accident
conditions involving the
release of hazardous
materials into the
environment?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 13 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
c) Emit hazardous
emissions or handle
hazardous or acutely
hazardous materials,
substances, or waste
within one-quarter mile
of an existing or
proposed school?
☐ ☐ ☐ ☐ ☐ ☐
d) Be located on a site
which is included on a
list of hazardous
materials sites compiled
pursuant to Government
Code section 65962.5
and, as a result, would it
create a significant
hazard to the public or
the environment?
☐ ☐ ☐ ☐ ☐ ☐
e) For a project located
within an airport land
use plan or, where such a
plan has not been
adopted, within two
miles of a public airport
or public use airport,
would the project result
in a safety hazard or
excessive noise for
people residing or
working in the project
area?
☐ ☐ ☐ ☐ ☐ ☐
f) Impair implementation
of or physically interfere
with an adopted
emergency response plan
or emergency evacuation
plan?
☐ ☐ ☐ ☐ ☐ ☐
g) Expose people or
structures, either directly
or indirectly, to a
significant risk of loss,
injury or death involving
wildland fires?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 14 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
X. HYDROLOGY AND
WATER QUALITY.
Would the project:
a) Violate any water quality
standards or waste
discharge requirements
or otherwise
substantially degrade
surface or ground water
quality?
☐ ☐ ☐ ☐ ☐ ☐
b) Substantially decrease
groundwater supplies or
interfere substantially
with groundwater
recharge such that the
project may impede
sustainable groundwater
management of the
basin?
☐ ☐ ☐ ☐ ☐ ☐
c) Substantially alter the
existing drainage pattern
of the site or area,
including through the
alteration of the course
of a stream or river or
through the addition of
impervious surfaces, in a
manner which would:
☐ ☐ ☐ ☐ ☐ ☐
i) result in substantial
erosion or siltation
on- or off-site;
☐ ☐ ☐ ☐ ☐ ☐
ii) substantially
increase the rate or
amount of surface
runoff in a manner
which would result
in flooding on- or
offsite;
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 15 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
iii) create or contribute
runoff water which
would exceed the
capacity of existing
or planned
stormwater drainage
systems or provide
substantial
additional sources of
polluted runoff; or
☐ ☐ ☐ ☐ ☐ ☐
iv) impede or redirect
flood flows?
☐ ☐ ☐ ☐ ☐ ☐
d) In flood hazard, tsunami,
or seiche zones, risk
release of pollutants due
to project inundation?
☐ ☐ ☐ ☐ ☐ ☐
e) Conflict with or obstruct
implementation of a
water quality control
plan or sustainable
groundwater
management plan?
☐ ☐ ☐ ☐ ☐ ☐
XI. LAND USE AND
PLANNING. Would the
project:
a) Physically divide an
established community?
☐ ☐ ☐ ☐ ☐ ☐
b) Cause a significant
environmental impact
due to a conflict with
any land use plan,
policy, or regulation
adopted for the purpose
of avoiding or mitigating
an environmental effect?
☐ ☐ ☐ ☐ ☐ ☐
XII.MINERAL RESOURCES.
Would the project:
a) Result in the loss of
availability of a known
mineral resource that
would be of value to the
region and the residents
of the state?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 16 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
b) Result in the loss of
availability of a locallyimportant mineral
resource recovery site
delineated on a local
general plan, specific
plan or other land use
plan?
☐ ☐ ☐ ☐ ☐ ☐
XIII. NOISE. Would the
project result in:
a) Generation of a
substantial temporary or
permanent increase in
ambient noise levels in
the vicinity of the project
in excess of standards
established in the local
general plan or noise
ordinance, or applicable
standards of other
agencies?
☐ ☐ ☐ ☐ ☐ ☐
b) Generation of excessive
groundborne vibration or
groundborne noise
levels?
☐ ☐ ☐ ☐ ☐ ☐
c) For a project located
within the vicinity of a
private airstrip or an
airport land use plan or,
where such a plan has
not been adopted, within
two miles of a public
airport or public use
airport, would the project
expose people residing
or working in the project
area to excessive noise
levels?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 17 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
XIV. POPULATION AND
HOUSING. Would the
project:
a) Induce substantial
unplanned population
growth in an area, either
directly (for example, by
proposing new homes
and businesses) or
indirectly (for example,
through extension of
road or other
infrastructure)?
☐ ☐ ☐ ☐ ☐ ☐
b) Displace substantial
numbers of existing
people or housing,
necessitating the
construction of
replacement housing
elsewhere?
☐ ☐ ☐ ☐ ☐ ☐
XV.PUBLIC SERVICES.
Would the project:
a) Result in substantial
adverse physical impacts
associated with the
provision of new or
physically altered
governmental facilities,
need for new or
physically altered
governmental facilities,
the construction of
which could cause
significant
environmental impacts,
in order to maintain
acceptable service ratios,
response times or other
performance objectives
for any of the public
services:
☐ ☐ ☐ ☐ ☐ ☐
Fire protection? ☐ ☐ ☐ ☐ ☐ ☐
Police protection? ☐ ☐ ☐ ☐ ☐ ☐
Schools? ☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 18 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
Parks? ☐ ☐ ☐ ☐ ☐ ☐
Other public facilities? ☐ ☐ ☐ ☐ ☐ ☐
XVI. RECREATION.
a) Would the project
increase the use of
existing neighborhood
and regional parks or
other recreational
facilities such that
substantial physical
deterioration of the
facility would occur or
be accelerated?
☐ ☐ ☐ ☐ ☐ ☐
b) Does the project include
recreational facilities or
require the construction
or expansion of
recreational facilities
which have an adverse
physical effect on the
environment?
☐ ☐ ☐ ☐ ☐ ☐
XVII.TRANSPORTATION.
Would the project:
a) Conflict with program
plan, ordinance or policy
addressing the
circulation system,
including transit,
roadway, bicycle and
pedestrian facilities?
☐ ☐ ☐ ☐ ☐ ☐
b) Conflict or be
inconsistent with CEQA
Guidelines section
15064.3, subdivision
(b)?
☐ ☐ ☐ ☐ ☐ ☐
c) Substantially increase
hazards due to a
geometric design feature
(e.g., sharp curves or
dangerous intersections)
or incompatible uses
(e.g., farm equipment)?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 19 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
d) Result in inadequate
emergency access?
☐ ☐ ☐ ☐ ☐ ☐
XVIII. TRIBAL CULTURAL
RESOURCES. Would the
project:
a) Cause a substantial adverse
change in the significance
of a tribal cultural resource,
defined in Public
Resources Code section
21074 as either a site,
feature, place, cultural
landscape that is
geographically defined in
terms of the size and scope
of the landscape, sacred
place, or object with
cultural value to a
California Native
American tribe, and that is:
☐ ☐ ☐ ☐ ☐ ☐
i) Listed or eligible for
listing in the
California Register
of Historical
Resources, or in a
local register of
historical resources
as defined in Public
Resources Code
section 5020.1(k), or
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 20 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
ii) A resource
determined by the
lead agency, in its
discretion and
supported by
substantial evidence,
to be significant
pursuant to criteria
set forth in
subdivision (c) of
Public Resources
Code section
5024.1. In applying
the criteria set forth
in subdivision (c) of
Public Resources
Code section
5024.1, the lead
agency shall
consider the
significance of the
resource to a
California Native
American tribe.
☐ ☐ ☐ ☐ ☐ ☐
XIX. UTILITIES AND
SERVICE SYSTEMS.
Would the project:
a) Require or result in the
relocation or
construction of new or
expanded water,
wastewater treatment or
storm water drainage,
electric power, natural
gas, or
telecommunications
facilities, the
construction or
relocation of which
could cause significant
environmental effects?
☐ ☐ ☐ ☐ ☐ ☐
b) Have sufficient water
supplies available to
serve the project and
reasonably foreseeable
future development
during normal, dry and
multiple dry years?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 21 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
c) Result in a determination
by the wastewater
treatment provider which
serves or may serve the
project that it has
adequate capacity to
serve the project's
projected demand in
addition to the provider's
existing commitments?
☐ ☐ ☐ ☐ ☐ ☐
d) Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or
otherwise impair the
attainment of solid waste
reduction goals?
☐ ☐ ☐ ☐ ☐ ☐
e) Comply with federal,
state, and local
management and
reduction statutes and
regulations related to
solid waste?
☐ ☐ ☐ ☐ ☐ ☐
XX. WILDFIRE. If located in
or near state responsibility
areas or lands classified as
very high fire hazard
severity zones, would the
project:
a) Substantially impair an
adopted emergency
response plan or
emergency evacuation
plan?
☐ ☐ ☐ ☐ ☐ ☐
b) Due to slope, prevailing
winds, and other factors,
exacerbate wildfire risks,
and thereby expose
project occupants to,
pollutant concentrations
from a wildfire or the
uncontrolled spread of a
wildfire?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 22 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
c) Require the installation
or maintenance of
associated infrastructure
(such as roads, fuel
breaks, emergency water
sources, power lines or
other utilities) that may
exacerbate fire risk or
that may result in
temporary or ongoing
impacts to the
environment?
☐ ☐ ☐ ☐ ☐ ☐
d) Expose people or
structures to significant
risks, including
downslope or
downstream flooding or
landslides, as a result of
runoff, post-fire slope
instability, or drainage
changes?
☐ ☐ ☐ ☐ ☐ ☐
XXI. MANDATORY
FINDINGS OF
SIGNIFICANCE. (State
CEQA Guidelines section
15065(a).)
a) Does the project have the
potential to substantially
degrade the quality of
the environment,
substantially reduce the
habitat of a fish or
wildlife species, cause a
fish or wildlife
population to drop below
self-sustaining levels,
threaten to eliminate a
plant or animal
community, substantially
reduce the number or
restrict the range of a
rare or endangered plant
or animal or eliminate
important examples of
the major periods of
California history or
prehistory?
☐ ☐ ☐ ☐ ☐ ☐
Infill Environmental Checklist Form Page 23 of 23 FORM “S” Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Analyzed
in the
Prior
EIR
Substantially
Mitigated by
Uniformly
Applicable
Development
Policies
b) Does the project have the
potential to achieve
short-term
environmental goals to
the disadvantage of longterm environmental
goals?
☐ ☐ ☐ ☐ ☐ ☐
c) Does the project have
impacts that are
individually limited, but
cumulatively
considerable?
(“Cumulatively
considerable” means that
the incremental effects
of a project are
considerable when
viewed in connection
with the effects of past
projects, the effects of
other current project, and
the effects of probable
future projects.)
☐ ☐ ☐ ☐ ☐ ☐
d) Does the project have
environmental effects
which will cause
substantial adverse
effects on human beings,
either directly or
indirectly?
☐ ☐ ☐ ☐ ☐ ☐
Authority: Public Resources Code Sections 21083, 21094.5.5 Reference: Public Resources Code Sections 21094.5 and 21094.5.5
MEETING
DATE: June 14, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, City Clerk/Director of Human Resources Rachel Bowman, Senior Administrative Analyst
SUBJECT: Performing Arts Center Piano Donation
BACKGROUND
The City of Big Bear Lake’s Performing Arts Center (PAC) is an important part of the performing arts community in the Big Bear Valley. Each year, user groups host various types of productions at the PAC for the entire community to enjoy. Part of the City’s contribution to these entertainment events is allowing performance groups to use the unique selection of theater equipment and instruments that have been acquired by the City in support of the arts.
DISCUSSION
Recently, City staff was approached with the offer to donate a Mason & Hamlin baby grand piano to the PAC. This generous donation offer was made by local residents Douglas and Virginia Pfeiffer. Per the City’s Administrative Policy No. 13-02 (attached), donations to the City that are valued over $5,000.00 must be presented to and accepted by the City Council. Staff has researched the approximate sale price of this piano and has estimated the value to be $10,000, in its current condition. Staff is excited at the opportunity to add this valuable instrument to the PAC’s list of assets and is confident this piano will be put to good use in all future musical performances being held in the theater.
FISCAL IMPACT
There is no negative fiscal impact associated with the acceptance of this donation.
ENVIRONMENTAL CONSIDERATIONS
Under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, and, therefore, no environmental review is required.
RECOMMENDATION
It is recommended that City Council accept this generous donation of a Mason & Hamlin baby grand piano for use in the Performing Arts Center.
ATTACHMENT
1. Administrative Instruction No. 13-02
ITEM 1.17
ATTACHMENT 1
MEETING
DATE: June 14, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, City Clerk
Rebecca Cannon, Deputy City Clerk
SUBJECT: Ordinance of the City of Big Bear Lake, County of San Bernardino, State of California, Approving Adjustments to the DWP’s Rates, Charges, and Fees for Water Service
BACKGROUND
On April 11, 2023, the Big Bear Lake Department of Water and Power (DWP) Board conducted a Public Hearing in accordance with Proposition 218, regarding the proposed adjustments to the water rates, charges and fees, and approved Resolution No. DWP 2023-04 adopting the proposed adjustments. Pursuant to the City’s Charter and Municipal Code, the DWP’s adopted resolution becomes effective only upon approval of an ordinance adopted by the City Council. At the May 10, 2023 Council meeting, City Council approved a motion to read the title, waive further reading and formally introduce an ordinance that ultimately approves Resolution No. DWP 2023-04.
DISCUSSION
The City Council will consider the adoption of the attached ordinance (Attachment 1).
FISCAL IMPACT
There is no significant fiscal impact associated with the ordinance adoption process.
ENVIRONMENTAL CONSIDERATIONS
The project is not subject to the California Environmental Quality Act (CEQA) under California Code of Regulations, title 14, section 15378(b)(5), which exempts measures involving the organization or administrative activities of a local government that will not involve direct changes in the environment as not being a project under CEQA.
RECOMMENDATION
It is recommended that City Council adopt an ordinance entitled Ordinance of the City of Big Bear Lake, County of San Bernardino, State of California, Approving Adjustments to the DWP’s Rates, Charges, and Fees for Water Service.
ATTACHMENTS
1. Ordinance No. 2023-xxx
2. Agenda Report dated May 10, 2023 (not including attachments) ITEM 1.18
ATTACHMENT 1
ORDINANCE NO. 2023-xxx
ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING
ADJUSTMENTS TO THE DWP'S RATES, CHARGES
AND FEES FOR WATER SERVICE
WHEREAS, the Board of Commissioners of the City of Big Bear Lake, Department of Water and Power adopted Resolution No. DWP 2023-04 (attached) revising its rates, fees and charges for water service, following a public hearing on such revisions conducted by the Board of Commissioners as provided by Article XIII D of the California Constitution; and WHEREAS, pursuant to Section 816 of the City Charter for the City of Big Bear Lake and Section
13.24.200 of the Big Bear Lake Municipal Code, such resolution shall become effective only upon approval by an ordinance adopted by the City Council of the City of Big Bear Lake.
NOW, THEREFORE, the City Council of the City of Big Bear Lake, California, does ordain as follows:
Section 1. The City of Big Bear Lake does hereby approve Resolution No. 2023-04 of the Board of Commissioners of the Department of Water and Power of the City of Big Bear Lake, effective upon the effective date of this Ordinance.
Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City Council has determined that the increases in water service charges are not a project subject to CEQA pursuant to Section 15378(b)(4) because the charges constitute the creation of a funding mechanism or other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, even if the action is considered a "project" subject to CEQA, it is exempt under Section 15273 of the CEQA Guidelines and Public Resources Code section 21080(b )(8) because the increased charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 41972 Garstin Drive, Big Bear Lake, CA 92315. The custodian for these records is the Department of Water and Power Board Secretary.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and shall either: (a) have this Ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this Ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.
PASSED, APPROVED AND ADOPTED this 14th day of June 2023.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Ordinance No. 2023-xxx is a full, true and correct original of Ordinance No. 2023-xxx of the City of Big Bear Lake entitled:
ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING
ADJUSTMENTS TO THE DWP'S RATES, CHARGES
AND FEES FOR WATER SERVICE
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 14th day of June, 2023, and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2023-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.
Erica Stephenson, City Clerk
ATTACHMENT 2
AGENDA REPORT Service, Quality, Community
MEETING DATE: May 10, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Erik Sund, City Manager
PREPARED BY: Reginald A. Lamson, DWP General Manager
SUBJECT: Proposed Ordinance Regarding Adjustments to the DWP’s Rates, Charges and Fees for Water Service
BACKGROUND:
On February 6, 2023, the City Council and the DWP Board of Commissioners conducted a joint workshop to review the proposed adjustments to water fees. On April 11, 2023, the DWP Board of Commissioners conducted a Public Hearing on the proposed adjustments to the water rates, charges and fees. The purpose of this meeting was to inform the public of the proposed rate adjustments, to ensure the public had a clear understanding of the intended use of funds generated by the proposed adjustments and allow the public to comment on or present a protest to the proposed adjustments. No members of the public attended the public hearing.
In accordance with Proposition 218, the public was allowed to ask questions and voice their concerns regarding the proposed adjustments to water fees. The public also had the opportunity to submit a written protest of the proposed adjustments to water fees before or during the public hearing.
As of April 11, 2023, the DWP had 15,929 water service accounts. In accordance with Proposition 218, to constitute a majority protest, the DWP would need to receive 7,965 written protests in order for the proposed adjustments to water fees to be voted down by the rate payers.
The DWP received two (2) valid written protests that were counted before the close of the hearing, and additionally, one (1) non-conforming protest was received but it was not counted.
After consideration of the public comments, written protests and discussion, the proposed increase to water fees was considered by the Board of Commissioners, and the Board of Commissioners adopted Resolution No. DWP 2023-04 to adopt adjustments to the DWP’s rates, charges, and fees for water service.
FINANCIAL IMPACT:
On February 9, 2023, after reviewing the City of Big Bear Lake, Department of Water and Power Water Rate Study Final Report / January 31, 2023 (the “Report”), which was prepared by Raftelis, the Board of Commissioners directed Staff to proceed with the necessary steps to increase rates under California Proposition 218.
Proposed Ordinance Regarding Adjustments to the DWP’s Rates, Charges and Fees for Water Service May 10, 2023
The adjustments to water rates are intended to allow the DWP to ensure that revenues are adequate to fund prudent operations and maintenance costs, debt service requirements, and needed water system infrastructure improvements.
The proposed rate adjustments have been developed to ensure adequate funding for the DWP for the next five years with an annual increase to service charges and usage fee rates of up to 4% per year commencing on July 14, 2023 through June 30, 2028.
The impact on the DWP’s average residential customer is expected to be an increase of approximately $1.65 per month ($3.30 per bi-monthly billing cycle, or a total of approximately $20 in the first year).
RECOMMENDATION:
It is recommended that the City Council read the title, waive further reading and introduce an Ordinance of the City of Big Bear Lake, County of San Bernardino, State of California, Approving Adjustments to the DWP's Rates, Charges and Fees for Water Service.
Enc. 1. Rate Proposal Presentation
2. Ordinance No. 2023-xxx
3. Resolution No. DWP 2023-04
4. The City of Big Bear Lake DWP Water Rate Study Final Report - Jan. 31, 2023
AGENDA REPORT
Service, Quality, Community
DATE: June 14, 2023
TO: Honorable Mayor and City Council Members
FROM: Erik Sund, City Manager
PREPARED BY: Reginald A. Lamson, DWP General Manager
RE: Incorporation of the Department of Water and Power (DWP) Budget into the Fiscal Year 2023-24 City of Big Bear Lake Budget Background:
Attached for consideration is a resolution incorporating the DWP Fiscal Year 2023-24 Budget into the City of Big Bear Lake Budget. On May 23, 2023, after the close of a Public Hearing, the DWP Board of Commissioners adopted Resolution No. 2023- 05 adopting the FY 2023-24 Budget. On May 15, 2023, the City Council had an opportunity to review the draft budget.
Recommendation:
It is recommended that the City Council adopt the attached resolution incorporating the DWP adopted budget for Fiscal Year 2023-24 into the City Budget.
Attachments: 1. Proposed City Resolution DWP Budget FY 2023-XX
2. Resolution No. DWP 2023-05
3. DWP FY 2023-24 Budget
ITEM 1.19
ATTACHMENT 1
RESOLUTION NO. 2023-XX
RESOLUTION INCORPORATING THE DEPARTMENT OF WATER
AND POWER APPROVED BUDGET FOR FISCAL YEAR 2023-24
INTO THE CITY BUDGET
WHEREAS, the City of Big Bear Lake was incorporated on November 28, 1980; and WHEREAS, the electorate in June of 1985 did amend the Charter by the addition of Section 805 et seq., where Section 813 requires the Department of Water and Power Board of Commissioner ("Commissioners") to adopt a Department Budget; and WHEREAS, the Commissioners presented the Fiscal Year 2023-24 adopted budget to the City Council on May 15, 2023; and
WHEREAS, the Commissioners conducted a public hearing on May 23, 2023, and adopted the Fiscal Year 2023-24 Departmental Budget as follows:
Revenue Fund resources in the amount of $11,649,902 shall be appropriated for use and transferred to the following funds and reserves:
1. The Operations and Maintenance Fund appropriated resources from Revenue Fund of in the amount of $8,403,606, and appropriated uses in the amount of $8,403,606;
2. The Debt Service Fund appropriated resources from Revenue Fund in the amount of $1,053,305, appropriated resources from internally generated sources in the amount of $15,228, and appropriated uses in the amount of $1,068,533;
3. The System Rehabilitation Fund appropriated resources from the Revenue Fund in the amount of $1,596,284, appropriated resources from internally generated sources in the amount of $1,700,000 and appropriated resources from unrestricted reserves in the amount of $930,671, and appropriated uses in the amount of $4,226,955;
4. The Growth-Related Capital Facilities Fund appropriated resources from Revenue Fund in the amount of $56,215, and appropriated uses in the amount of $56,215;
5. The Sustainability Fund appropriated resources from Revenue Fund in the amount of $11,348, and appropriated uses of $11,348;
6. General Plant Capital Facilities Fund appropriated resources from Revenue Fund of in the amount of $100,000, and appropriated uses in the amount of $100,000;
7. The Revenue Fund shall transfer balances in the amount of $429,144 to assigned reserves for future investment in infrastructure improvements and operational assets.
NOW, THEREFORE, the City Council does resolve as follows: the City Council does hereby incorporate the City of Big Bear Lake, Department of Water and Power Budget, as presented herein into the City Budget.
PASSED, APPROVED AND ADOPTED this 14th day of June, 2023.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2023-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 14th day of June, 2023 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
ATTACHMENT 2
RESOLUTION NO. DWP 2023.05
A RESOLUTION OF THE BOARD OF WATER AND POWER COMMISSIONERS
OF THE CITY OF BIG BEAR LAKE, DEPARTMENT OF WATER AND POWER,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ADOPTING THE DWP BUDGET FOR FISCAL YEAR2O23I24
AND CONFIRMING ADJUSTMENTS TO WATER RATES, FEES AND CHARCES WHEREAS, the City of Big Bear Lake was incorporated on November 28, 1980, and WHEREAS, the electors of the City of Big Bear Lake did in 1985 adopt an Amendment to the City of Big Bear Lake Charter which created a Department of Water and Power (DWP); and WHEREAS, Section 813 of the City Charter states that the Board of Water and Power Commissioners (Board) shall "adopt an annual Department Budget" prior to the beginning of each fiscal year, and
WHEREAS, the Board reviewed the Draft Budget for Fiscal Year 2022123 at a Regular Board Meeting on April 25, 2023. The City Council reviewed the Draft Budget on May 15,2023.The Board concluded a Public Hearing on May 23, 2023; and
WHEREAS, the Board considered the Water Rates, Fees, and Charges as set forth in Resolution No. DWP 2023-04; and
WHEREAS, the Board confirmed that prudent adjustment to DWP's Water Rates, Fees, and Charges effective July 14,2023 is four percent (4%);
NOW, BE IT FURTHER RESOLVED that the Board of Water and Power Commissioners of the City of Big Bear Lake, Department of Water and Power does hereby confirm the adoption of an increase to DWP's Water Rates, Fees, and Charges effective July 14,2023 shall be four percent (4o/o).
PASSED, APPROVED, and ADOPTED this 23d day of May 2023.
AyES: C X\.-^;
, L, l-$o/k^, 5^,%, \avr a ,
c<:, lte1
NOES:
ABSTAIN:
ABSENT:
hert Tarras, Chair
A ST:
Leeanne Eagleson, S
DWP Board of Commissioners
DWP Board of Commissioners
NOW, THEREFORE, BE IT RESOLVED that the Board of Water and Power Commissioners of the City of Big Bear Lake, Department of Water and Power does hereby adopt the DWP Budget for Fiscal Year 2022123, attached hereto as Exhibit -A".
Budget
7/1/2023
Through
6/30/2024
Revenues:
Service Charges $ 8,609,231
Usage Charges 1,698,895
Standby Fees 123,437
Meter Installation Fees & Capacity Charges 826,720
Interest Income 215,228
Administration Fees & Other Income 159,812
Total Revenue 11,633,323
Grant Funding 1,731,807
Issuance of Debt -
Total Source of Revenues $ 13,365,130
Expenditures Summary
Operation & Maintenance
Water Production $ 1,466,193
Conservation/Public Information 382,377
Transmission & Distribution 1,164,275
Customer Field Service 1,012,995
Water Operations 1,208,251
Customer Accounts 1,500,485
Administration 1,922,530
Operations & Maintenance before Capitalized Costs 8,657,106 Less: Capitalized Costs (253,500)
Total Operations & Maintenance $ 8,403,606
Capital Expenditures
Capital Purchases - General Plant $ 100,000
Capital Improvements - Growth-related 56,215
Water Sustainability Fund 11,348
System Rehabilitation 4,226,955
Total Capital Expenditures $ 4,394,518
Debt Service
Low Interest Loans for System Improvements 1,068,533
Total Debt Service $ 1,068,533
Net Use of Reserves
Infrastructure Assets $ 247,465
Vehicles, Facilities, and Equipment 181,679
Use of Unrestricted Reserves (930,671)
Net Transfer From Reserves (501,527)
Total Use of Revenues $ 13,365,130
EXHIBIT A
Fiscal Year 2023/24 Budget
ATTACHMENT 3
CITY OF BIG BEAR LAKE
DEPARTMENT OF WATER & POWER
BUDGET AND WORK PLAN
FISCAL YEAR ENDING JUNE 30, 2024
ADOPTED MAY 23, 2023
DEPARTMENT OF WATER & POWER
i
Department of Water
TABLE OF CONTENTS
INTRODUCTION PAGE
General Manager’s Message 1-1
Organizational Chart 1-2
REVENUE
Overview of Revenue and Funding 2-1
Revenue by Fund and Category 2-2
Revenue Detail 2-3
Revenue Graph 2-4
EXPENDITURES
Overview of Expenditures 3-1
Expenditure Summary 3-2
Budget Summary 3-3
Expenditure Graph 3-4
CASH BALANCES & RESERVES
Reserve Policy, Estimated Encumbrances & Cash Balances 4-1 Projected Cash Balance – General Fund 4-2
Assigned Fund Balances 4-3
Restricted Fund Balances – Debt Service 4-4
Provisions for Asset Replacement/Repair 4-5
Cash Balance History 4-6
DEBT SERVICE
Debt History 5-1
Debt Service 5-2
Debt Coverage Analysis 5-3
Debt Service Graph 5-4
SYSTEM REHABILITATION
Overview of Rehabilitation Projects 6-1
Rehabilitation Program Cost Summary 6-2
Rehabilitation Expenditures – Source of Supply 6-3
Rehabilitation Expenditures – Transmission & Distribution 6-4 CAPITAL PROJECTS – GROWTH-RELATED
Overview of Capital Projects –Growth-Related 7-1
Capital Projects – Growth-Related Cost Summary 7-2
Capital Expenditures – Infrastructure – Source of Supply 7-3 Capital Expenditures – Infrastructure – Transmission & Distribution 7-4 ii
TABLE OF CONTENTS (Continued)
BVB SUSTAINABILITY FUND – GROWTH-RELATED
Overview of BVB Sustainability Expenditures –Growth-Related 8-1 BVB Sustainability Expenditures Summary 8-2
Expenditures – Administration 8-3
Capital Expenditures – Infrastructure – Source of Supply 8-4
OPERATIONS & MAINTENANCE FUND EXPENDITURES
Source of Supply/Production Department 9-1
Conservation Department/Public Information Department 9-3 Transmission & Distribution Department 9-5
Customer Field Service Department 9-7
Water Operations 9-9
Customer Accounts 9-11
Administration Department 9-13
Overhead Allocation Pool 9-15
O&M Graph 9-17
GENERAL PLANT FUND EXPENDITURES
Overview of General Plant 10-1
General Plant: Vehicles, Equipment, Facilities 10-2
Summary of Proposed Equipment Purchases 10-3
Equipment & Vehicle List 10-4
1-1
Service, Quality, Community
DATE: April 25, 2023
TO: Board of Commissioners
FROM: Reginald A. Lamson, General Manager
In FY 2022/23 the DWP initiated a 5-year water rate study to ensure water rates remain adequate to meet the needs of the water system and remain compliant with all associated legislation. A proposed increase of up to 4% has been incorporated in the FY 2023/24 Budget for Revenue from Rates.
In January 2021, the Board adopted the 10-Year Water Master Plan (the Master Plan). The Master Plan is a road map for water system improvements for FY 2021/22 through FY2030/31 and beyond. The third year of this Master Plan was implemented during FY 2022/23. It included the 2022 Pipeline Replacement Project, which included segments in Moonridge, Boulder Bay, and North Shore. The North Shore segment and the final pavement restoration will be constructed this spring. The 2023 Pipeline Replacement Project was awarded in March 2023 and will begin construction June 2023. The Division Well No. 6 Building Replacement is scheduled to bid on April 20, 2023, and begin construction June 2023.
The FY 2023/24 Budget includes appropriations for the Wolf Reservoir, Boosters and Pipeline projects which is partially funded by a grant from the United States Bureau of Reclamation (the USBR) in the amount of $1.6 million. The pipeline portion of the project was awarded in March 2023 and will begin construction June 2023. The Reservoir and Booster portion of the project will be designed during the summer and fall of 2023. Construction of the Reservoir and Booster will begin May 2024. The USBR has also agreed to fund a portion of the Pontel Hydropneumatic System to improve pressure to customers served from the Pontel Reservoir. This project will be designed during the summer of 2023. Construction will begin in the fall of 2023.
Water Meter Technicians continue replacing the remaining Hersey meters that were originally deployed with Itron radio endpoints and subsequently adapted to work with Sensus radio endpoints. The Hersey meters are over 10 years old and their compatibility with the Sensus equipment is limited. Approximately 300 of these meters are scheduled to be replaced in FY 2023/24.
In July 2020, a contract was awarded to complete a space plan and facilities upgrades for the Garstin office and yard (the Garstin Master Space Plan). Construction costs and options are still under consideration by the Board. The design of the new office building and a portion of the site improvements will occur during FY 2023/24.
1-1
DWP Board of Commissioners
(Left to Right): Bob Tarras, Chair; Barbara Willey, Vice Chair; Craig Hjorth, Treasurer, Jim Smith, Commissioner,
and Joe Cylwik, Commissioner;
DWP General Manager
Reginald A. Lamson
Management Analyst/
Board Secretary [1]
Human Resources
Administrator [1]
Chief Financial Officer [1]
Administrative
Supervisors
[3]
Customer Service Reps
[4]
Accounting/Billing [3]
Water Conservation
Spec [1]
Water Superintendent [1]
Field Supervisors [3]
Utility Techs
Senior Utility Techs
(6)
Water Production
Techs [3]
Water Meter Techs
[6]
Sr. Water Ops Tech
Sr. Purchaser/Inspector
Field Data Spec
[3]
Ratepayers
City Council
Board of Commissioners
General Manager [1]
Full Time Adopted Projected Planned
Equivalent Employees FY2022/23 FY2022/23 FY2022/23
Administration 15.00 15.25 15.00
Utility Plant & Operations 22.00 22.04 22.00
Total FTEs 37.00 37.29 37.00
Accounts per FTE 430.03 426.68 431.59
City of Big Bear Lake
Department of Water and Power
Proposed Organizational Chart
FY 2023/24
1-2
Department of Water
2-1
Overview of Revenues and Funding
FY 2023/24
Overview:
Revenue from Rates $10,308,126
Connection Fees 826,720
Grants 1,731,807
Other Income 498,477
Total Funding $13,365,130
Revenue from Rates
In FY 2022/23, the DWP completed a rate study (the 2023 Rate Study) and public hearing to adjust water rates for the five years commencing July 1, 2023. The City Council approved the water rates established in the 2023 Rate Study and authorized an increase in water rates of up to 4% for FY 2023/24. Revenue from rates is expected to be $10,308,126, which is an increase of $372,539 (3.7%) compared to the adopted budget for FY 2022/23.
Other Revenues
In FY 2023/24 connections fees (capacity charges and meter installation fees) are projected to increase approximately 3.5% compared with the adopted budget for FY 2022/23.
Miscellaneous Fees and Charges, which include, water standby fees, administrative fees, rental income, and miscellaneous income, reflects an expected decrease in water standby fees and a small increase in administrative fees.
Grants and Loan Proceeds
The United State Bureau of Reclamation has recommended two grants: $1.6 Million for the Wolf Reservoir/Booster Project and $100,000 for a small-scale water efficiency project. Additionally, the Santa Ana Watershed Project Authority previously awarded a small grant for water conservation rebate programs.
The balance of that grant of $31,807 is expected to be utilized in FY 2023/24 Total Revenues
Total revenues and funding are expected to increase by $2,301,990 (20.8%) compared with the FY 2022/23 budgeted amounts. This increase is primarily related to the increase in grant funding.
BIG BEAR LAKE DEPARTMENT OF WATER AND POWER
SCHEDULE OF REVENUES/INFLOWS BY FUND & CATEGORY
(A) (B) (C)
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
FY 2022-23
Adopted
Budget
FY 2022-23
Projected
Balance
FY 2023-24
Proposed
Budget
Increase
(Decrease)
(B) - (A)
% Diff
(C)/(A)
Subventions & Grants $ - $ 296,324 $ 320,883 $ - $ - $ - - -- Total Fixed Asset Fund $ - $ 296,324 $ 320,883 $ - $ - $ - $ - -- Capacity Charges $ 660,446 $ 703,275 $ 1,989,465 $ 719,355 $ 700,743 $ 746,720 27,365 3.8% Water Meter Installation Fee 64,325 65,235 104,191 80,000 66,453 80,000 - 0.0% Use of Money & Property 139,240 4,830 (99,844) 12,600 180,072 200,000 187,400 1487.3% Service Charges & Usage Fees 11,096,704 11,359,064 9,685,077 9,935,587 9,864,416 10,308,126 372,539 3.7% Miscellaneous Fees and Charges 315,112 250,972 317,312 313,590 318,880 315,056 1,466 0.5% Total Revenue Fund $ 12,275,827 $ 12,383,376 $ 11,996,201 $ 11,061,132 $ 11,130,564 $ 11,649,902 $ 588,770 5.3% Use of Money & Property $ 126,366 $ 261 $ (5,774) $ 2,008 $ 11,869 $ 15,228 13,220 658.4% Installment Payments - Rimforest 57,784 57,784 43,338 - - - - -- Total Debt Service Fund $ 184,150 $ 58,045 $ 37,564 $ 2,008 $ 11,869 $ 15,228 $ 13,220 658.4% Subventions & Grants $ 3,528,573 $ 7,517,714 $ 5,108,622 $ - $ - $ 1,700,000 $ 1,700,000 -- Total System Rehabilitation $ 3,528,573 $ 7,517,714 $ 5,108,622 $ - $ - $ 1,700,000 $ 1,700,000 -- Subventions & Grants $ - $ - $ - $ - $ - $ - $ - --
Total Capital Facilities $ - $ - $ - $ - $ - $ - $ - -- Grant Funding Pass-through $ 68,679 $ 46,396 $ 91,254 $ - $ 52,061 $ - $ - -- Total Sustainibility $ 68,679 $ 46,396 $ 91,254 $ - $ 52,061 $ - $ - -- $ 16,057,229 $ 20,301,855 $ 17,554,524 $ 11,063,140 $ 11,194,494 $ 13,365,130 $ 2,301,990 20.8% Transfer (to) from Infrastructure
Reserves 107,600 (247,465) (3,722) (247,465) (166,465) (247,465) - 0.0% Transfers (to) from
Vehicle/Equipment/Facilities Reserves 18,400 (86,910) (174,910) (134,009) 19,796 (181,679) (47,670) 35.6% (To) From General Reserves 821,000 79,667 (2,821,673) 2,224,075 2,777,280 930,671 (1,293,404) -58.2% Adjusted Total $ 17,004,229 $ 20,047,148 $ 14,554,220 $ 12,905,741 $ 13,825,105 $ 13,866,657 $ 960,916 7.4%
FIXED ASSET FUND
REVENUE FUND
DEBT SERVICE FUND
SYSTEM REHABILITATION
CAPITAL FACILITIES
SUSTAINABILITY FUND
Grand Total
FISCAL YEAR 2023-24 Schedule 2-2
REVENUE BY ACCOUNT
Account # Description
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
FY 2022-23
Adopted
Budget
FY 2022-23
Projected
Balance
FY 2023-24
Proposed
Budget
Change
(B) - (A)
(C)/(A)
% Explanation
10-00-7400 GRANTS AND SUBVENTIONS $ - $ - $ - - $ - - $ - -- 10-00-7901
CONTRIBUTIONS IN AID OF
CONSTRUCTION - 296,324 320,883 - - - --
FIXED ASSETS TOTAL $ - $ 296,324 $ 320,883 $ - $ - $ - $ - -- 19-00-4475 WATER METER INSTALLATION FEE 64,325 65,235 104,191 80,000 66,453 $ 80,000 $ - 0.00% 19-00-4476 CAPACITY CHARGES 660,446 703,275 1,989,465 719,355 700,743 746,720 27,365 3.80% 19-00-4611 INTEREST INCOME 118,629 35,188 31,214 12,600 205,654 200,000 187,400 1487.30% Currently, Fed Funds rate is
expected to decline to 2% by the
end of 2024. For the first half of
FY 23/24 the budget assumes 2%
for LAIF and 4% for Camp. Those
assumptions were rudced by 50%
for the second half of FY 23/24
19-00-4622 RENTAL INCOME 26,422 27,215 28,031 28,944 28,944 29,812 868 3.00% 19-00-4638 CHANGE IN FAIR VALUE 20,611 (30,358) (131,058) - (25,582) - - -- 19-00-4731 MISCELLANEOUS REVENUE 15,356 12,708 38,962 5,000 12,795 10,000 5,000 100.00% Based upon current trends 19-00-4732 Over/short 46 -
19-00-4742 WATER STANDBY FEES 127,557 136,223 140,440 128,896 128,896 123,437 (5,459) -4.24% Assumed 40 new connections
reduces Standby Fees
19-00-4751 ADMINISTRATION FEES 145,777 74,825 98,665 108,000 133,245 120,000 12,000 11.11% Based upon current trends 19-00-4770 USAGE FEES - RESIDENTIAL 939,656 1,206,010 803,683 818,216 778,214 811,771 (6,445) -0.79% Proposed 4% increase offset by
expected reduced consumption
19-00-4771 USAGE FEES - COMMERCIAL 905,368 1,029,959 860,313 872,144 853,004 887,124 14,980 1.72% Proposed 4% increase offset by
expected reduced consumption
19-00-4772 USAGE FEES - RIM FOREST - - - - - - - --
19-00-4775 Non-cash Water Sales 12,970 12,970 8,530 - - - - -- 19-00-4779 UNBILLED WATER SALES 47,653 (89,576) (6,686) - - - - -- 19-00-4780 RESIDENTIAL SERVICE CHARGE 8,284,951 8,310,457 7,242,293 7,435,154 7,426,585 7,761,941 326,787 4.40% Expected 4% increase plus new
connections
19-00-4781 COMMERCIAL SERVICE CHARGE 906,106 889,245 776,943 810,073 806,613 847,290 37,217 4.59% Expected 4% increase plus new
connections
19-00-7505 NON-FEDERAL GRANTS/SUBVENTIONS - - 11,169 42,750 15,000 31,807 (10,943) -25.60% SAWPA Water Efficiency Grant
Balance
REVENUE FUND TOTAL $ 12,275,827 $ 12,383,376 $ 11,996,201 $ 11,061,132 $ 11,130,564 $ 11,649,902 $ 588,770 5.32% FISCAL YEAR 2023-24 Schedule 2-3
REVENUE BY ACCOUNT
Account # Description
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
FY 2022-23
Adopted
Budget
FY 2022-23
Projected
Balance
FY 2023-24
Proposed
Budget
Change
(B) - (A)
(C)/(A)
% Explanation
21-00-4611 INTEREST INCOME 113,418 19,839 6,365 2,008 18,368 $ 15,228 13,220 658.36% Reserve Accounts are primarily
invested in LAIF and assume 2%
for the first half of FY 23/24 and
1% thereafter.
21-00-4638 CHANGE IN FAIR VALUE 12,948 (19,578) (12,139) - (6,499) - - -- 21-00-4639 - - - - - - - --
21-00-4731 Miscellaneous Revenue 57,784 57,784 43,338 - - - - -- DEBT SERVICE FUND TOTAL $ 184,150 $ 58,045 $ 37,564 $ 2,008 $ 11,869 $ 15,228 $ 13,220 658.36% 22-00-4731 Miscellaneous Revenue $ - $ - - - - $ - $ - --
22.00.7402 USDA LOAN PROCEEDS - 2010 - - - - - - - --
22-00-7407 USDA LOAN PROCEEDS - 2019 Bonds 2,426,810 7,498,672 2,074,518 - - - - -- 22-00-7404 USDA LOAN PROCEEDS - 2013 - - - - - - - --
22-00-7405 I Bank CLEEN Loan - - - - - - - --
22-00-7505 Non-federal Grants 233,635 - - - - - - --
22-00-7501 USDA GRANT PROCEEDS-2012 - - - - - - - --
22-00-7502 EPA - STAG - GRANT - 2012 - - - - - - - --
22-00-7406 CEC Promissory Note 771,880 - - - - - - --
22-00-7503 USDA GRANT PROCEEDS-2013 - - - - - - - --
22-00-7504 Federal Grants 96,248 19,042 3,034,104 - - 1,700,000 1,700,000 -- USBR Grants SYSTEM
REHABILITATION
FUND TOTAL $ 3,528,573 $ 7,517,714 $ 5,108,622 $ - $ - $ 1,700,000 $ 1,700,000 --
23.00.7402 USDA LOAN PROCEEDS - 2010 - - - - - $ - $ - -- 23-00-7403 USDA LOAN PROCEEDS - 2012 - - - - - - - --
23-00-7404 USDA LOAN PROCEEDS - 2013 - - - - - - - --
23-00-7504 Federal Grants - - - - - $ - $ - --
23-00-7503 USDA GRANT PROCEEDS-2013 - - - - - - - --
CAPITAL - SYSTEM
EXPANSION FUND TOTAL $ - $ - $ - $ - $ - $ - $ - --
30-00-4731 Miscellenous Income 68,679 46,396 91,254 - 27,432 30-00-7505 Non-federal Grants - - - - 24,629 $ - $ -
BVB SUSTIANABILITY
FUND TOTAL $ 68,679 $ 46,396 $ 91,254 $ - $ 52,061 $ - $ - -- GRAND TOTAL $ 16,057,229 $ 20,301,855 $ 17,554,524 $ 11,063,140 $ 11,194,494 $ 13,365,130 $ 2,301,990 20.81% FISCAL YEAR 2023-24 Schedule 2-3
$10,308,126 , 77.1%
$826,720 , 6.2%
$530,284 , 4.0%
$1,700,000 , 12.7%
FY 2023-24 Proposed Budget
Revenue/Inflows by Type
Total Revenue $13,365,130
Service Charges & Usage Fees Connection Fees
Miscellaneous Fees and Charges Grants
FISCAL YEAR 2023-24 Schedule 2-4
Department of Water
3-1
Overview of Expenditures
FY 2023/24
Overview:
Debt Service $ 1,068,533
System Rehabilitation 4,226,955
Capital Projects – Growth 56,215
BVB Sustainability Fund 11,348
Operations & Maintenance 8,403,606
General Plant 100,000
Total Expenditures $ 13,866,657
Debt Service
The FY 2023/24 Debt Service Budget reflects on-going service obligations for the 2010 USDA Bond, the 2012 USDA Bond, the 2013 USDA Bond, the 2017 IBank loan, and the 2019 USDA Bonds. Also included is debt service for a 10-year note extended by the California Energy Commission to fund the Division Well Field Solar Power Plant.
System Rehabilitation
In January 2021, the Board adopted a 10-year Capital Improvement plan, continuing its commitment to revitalize the water systems and optimize its operations. The focus in FY 2023/24 will be replacing the Wolf Reservoir and Booster station, and its associated pipelines and deploying a hydropneumatic tank at the Pontell Reservoir.
Capital Projects – (Growth-related)
In FY 2023/24, the DWP has provided funding for new connections and on-call services.
BVB Sustainability Fund – (Growth-related)
In FY 2018/19, the DWP, along with the other member agencies of the Bear Valley Basin Groundwater Sustainability Agency (BVBGSA), agreed to provide funding in support of a water reclamation project called Replenish Big Bear. Planning and studies have moved forward for the project, progress has been made with regulatory agencies and pilot testing has begun. Any unused fund from prior year appropriations will be carried forward to FY 2023/24. Only administrative costs are included in the FY 2023/24 Budget for Sustainability.
Operations and Maintenance
In FY 2023/24, gross Operations and Maintenance spending is expected to increase approximately 5.3% over the Adopted Budget for FY 2022/23. In FY 2022/23 the Board approved the implementation of the final phase of the 2019 compensation study which brings the DWP employees’ compensation up to the median with comparator agencies. Increases in material costs also put upward pressure on O&M spending.
Fixed Asset Fund
The DWP expects to commence site grading and fencing at the Garstin Water Operations Center.
BIG BEAR LAKE DEPARTMENT OF WATER AND POWER
SCHEDULE OF EXPENDITURES BY FUND & CATEGORY
(A) (B) (C)
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
FY 2022-23
Adopted
Budget
FY 2022-23
Projected
Balance
FY 2023-24
Proposed
Budget
Increase
(Decrease)
(B) - (A)
% Diff
(C)/(A)
Debt Service $ 4,090,354 $ 4,616,314 $ 1,055,833 $ 1,068,055 $ 1,066,542 $ 1,068,533 $ 478 0.0% Total Debt Service Fund $ 4,090,354 $ 4,616,314 $ 1,055,833 $ 1,068,055 $ 1,066,542 $ 1,068,533 $ 478 0.0% Source of Supply/Water Production $ 592,205 $ 130,892 $ 686,856 $ 1,125,272 $ 1,841,280 $ 3,847,729 $ 2,722,457 241.9% Transmission & Distribution 4,921,134 7,761,933 4,921,164 2,201,010 2,386,707 379,226 (1,821,784) -82.8% Total System Rehabilitation Fund $ 5,513,339 $ 7,892,825 $ 5,608,020 $ 3,326,282 $ 4,227,987 $ 4,226,955 $ 900,673 27.1% Source of Supply/Water Production $ - $ 108,914 $ - $ 4,351 $ 1,850 $ 13,286 $ 8,935 205.3% Transmission & Distribution 341,994 59,512 113,053 30,987 19,780 42,929 11,942 38.5% Total Capital Facilities Fund $ 341,994 $ 168,426 $ 113,053 $ 35,338 $ 21,630 $ 56,215 $ 20,877 59.1% Source of Supply $ 168,943 $ 94,268 $ 100,599 $ - $ 58,581 $ - $ - -- Administration 3,853 4,532 2,573 5,582 13,625 11,348 5,766 103.3% Total BVB Sustainability Fund $ 172,796 $ 98,800 $ 103,172 $ 5,582 $ 72,206 $ 11,348 $ 5,766 103.3% Water Production $ 1,145,473 $ 1,235,640 $ 1,287,705 $ 1,353,965 $ 1,391,591 $ 1,466,193 $ 112,228 8.3% Conservation/Public Information 280,909 272,135 230,201 345,679 314,797 382,377 36,698 10.6% Transmission & Distribution 984,930 1,024,684 1,117,214 1,115,292 1,060,474 1,164,275 48,983 4.4% Customer Field Service 778,424 819,445 841,709 953,300 955,966 1,012,995 59,695 6.3% Water Operations 803,722 900,576 1,052,123 1,005,390 1,017,408 1,208,251 202,861 20.2% Customer Accounts 1,140,352 1,093,349 1,169,564 1,268,602 1,332,620 1,500,485 231,883 18.3% Administration 1,872,664 1,746,605 1,834,508 2,180,776 2,276,606 1,922,530 (258,246) -11.8% Sub-total $ 7,006,474 $ 7,092,434 $ 7,533,024 $ 8,223,004 $ 8,349,462 $ 8,657,106 $ 434,102 5.3% Capitalized Labor (415,011) (325,228) (267,750) (340,748) (290,408) (253,500) 87,248 25.6% Total Operations & Maintenance Fund $ 6,591,463 $ 6,767,206 $ 7,265,274 $ 7,882,256 $ 8,059,054 $ 8,403,606 $ 521,350 6.6% General Plant & Equipment $ 294,283 $ 503,577 408,868 $ 588,228 $ 377,686 $ 100,000 $ (488,228) -83.0% Total Fixed Asset Fund $ 294,283 $ 503,577 $ 408,868 $ 588,228 $ 377,686 $ 100,000 $ (488,228) -83.0% Total Expenditures $ 17,004,229 $ 20,047,148 $ 14,554,220 $ 12,905,741 $ 13,825,105 $ 13,866,657 960,916 7.4% Operations & Maintenance
Debt Service
System Rehabilitation
Capital Facilities - Growth
BVB Sustainability Fund
Fixed Asset Fund
FISCAL YEAR 2023-24
Schedule 3-2
DWP Budget Summary
Revenue
Operations and
Maintenance Debt Rehabilitation Growth BVB Sustainability General Plant To (From)
Reserves Total
Revenues $ 11,649,902 $ - $ 15,228 $ 1,700,000 $ - $ - $ - $ 13,365,130 Loan/Grant Proceeds - - -
Revenue Available 11,649,902 3,246,296 2,192,991 (333,964) (390,179) (401,527) Expenditures (8,403,606) (1,068,533) (4,226,955) (56,215) (11,348) (100,000) (13,866,657) Net Revenues 11,649,902 3,246,296 2,192,991 (333,964) (390,179) (401,527) (501,527) - (501,527) Revenue Transfers (11,649,902) (3,246,296) (2,192,991) 333,964 390,179 401,527 501,527 (501,527) 501,527 Change in Net Assets $ - $ - $ - $ - $ - $ - $ - $ (501,527) $ - FISCAL YEAR 2023-24 SCHEDULE 3-3
$8,403,606 , 60.6%
$1,068,533 , 7.7%
$4,294,518 , 31.0%
$100,000 , 0.7%
DWP FY 2023-24
EXPENDITURES BUDGET
Total Expenditures $13,866,657
Operations & Maintenance Debt Service
Infrastructure Projects Operational Assets
FISCAL YEAR 2023-24
Schedule 3-4
4-1
Department of Water
DWP RESERVES & CASH BALANCES
FISCAL YEAR 2023/24
INTRODUCTION
Financial Reserves provide a safeguard against unforeseen problems, such as natural or other disasters, pandemics, economic downturns, revenue shortfalls, and other capital emergencies.
Reserves also provide funding for planned replacement of essential assets. The Reserve Balances are evaluated each year during the budget process and adjusted based on operational costs, capital replacement activities, the DWP’s revenue sources, annual budget, and available cash. Support details are available in the following schedules:
Description Schedule #
Cash Balance 4-2
Reserve Balances 4-3
Debt Service Reserves 4-4
Reserve Provisions 4-5
SECTION I
Operating Reserve
The total Operations and Maintenance budget for FY 2023/24 before allocations is $8,657,103. The DWP’s Financial Reserve Policy for Operations and Maintenance requires 3 months of operating expenses, or $2,164,275 to be assigned this reserve. For FY 2023/24 staff is recommending reducing this reserve balance to 20% of the gross Operations and Maintenance budget, or $1,731,421 . This recommendation is proposed because during the COVID Pandemic and its associated shut down, the DWP experienced no significant change in customer payment patterns.
SECTION II
Capital Projects Rehabilitation and Replacement Reserve With an aging infrastructure, escalating construction costs, and the ongoing possibility of a catastrophic disaster occurring within the DWP’s service area, the need to replace water system infrastructure continues to be the focal point of the policy.
The DWP’s primary focuses are the wells that provide a safe and reliable source of drinking water for our customers, the reservoirs that store water for our customers, and replacement of aging and undersized pipelines, to help protect our community in the event of a wildfire.
In January 2021, the Board adopted the 2021 Water Master Plan (the Master Plan) which evaluated the current and future needs of the water system based upon demand projections and existing facilities. The Master plan spans several decades. Priority I Improvements total $32,550,000 and are targeted for completion by 2031. These improvements will be primarily funded from water rates and existing reserves.
4-1
DWP Reserves and Cash Balances
As part of the Financial Reserve Policy, the Board has determined that the Capital Improvements Projects Reserve, which is intended to be used for emergencies, should be maintained at 50% of the average annual Capital and Rehabilitation project costs for internally funded projects. Using a fiveyear average, the reserve requirement for this reserve would be $1,600,000. The Government Finance Officers Association (GFOA) “best practices” recommends reserving 25% of annual depreciation expense plus projected capital spending for the upcoming fiscal year. Using the GFOA method would result in a Capital Improvements Projects Reserve of $4.5 million.
The Water Master Plan does not include funding requirements for meter replacements. While the DWP has upgraded meter reading equipment with 100% radio-read technology, these assets will eventually need to be replaced. In FY 2020/21, the DWP began reserving for meter replacements.
The FY 2023/24 Budget includes an annual reserve provision of $185,065 for replacement of meters and radio endpoints. With this reserve plan, future meter replacements would be funded primarily from the reserve fund and partially with annual revenues.
In FY 2020/21, the Board established an asset replacement reserve of $241,221 for the Big Bear Shores RV Park Water System (RV Park) to provide for further system rehabilitation. The reserve was funded from historical net revenues from RV Park water rates. The Big Bear Shores RV Park Water System Reserve is expected to total $153,036 as of June 30, 2024.
In total, voluntary rehabilitation reserves as of June 30, 2024, are projected to be $1,950,387.
Depreciation Reserve
Additionally, the USDA requires the DWP to maintain a Depreciation Reserve for short-lived assets, such as pumping equipment. This reserve is required to be funded $32,400 annually, which has been provided from revenues for FY 2023/24. This reserve balance for June 30, 2024, is expected to be $124,312.
Infrastructure reserves are projected to total $2,074,699 as of June 30, 2024.
SECTION III
Vehicle, Equipment & Software Replacement
In FY 2014/15, the Board authorized revisions to the Policy No. 2009-02 Financial Reserves. The amendments established a process of reserving current year revenues for expected future purchases of essential vehicles, field equipment, office and information technology equipment, and software. The new policy became effective for FY 2015/16. In FY 2021/22 the vehicle and field equipment replacement plan was re-evaluated. The values of the current fleet were updated, and the provision was reduced from 100% to 90% of annual depreciation expense. This reserve balance as of June 30, 2024, is projected to be $750,599.
SECTION IV
Debt Reserves
The Trust Indenture Agreement for servicing the DWP’s various outstanding debts requires the DWP to establish minimum debt reserves for all parity debt equal to the maximum annual debt service of each issuance.
The Reserve Funds for the DWP’s Debt Service held by the Trustee (US Bank Trust and Custody) for the USDA 2010, 2012, 2013 and 2019 Bonds totals the maximum annual debt service for each DWP Reserves and Cash Balances
4-1
issuance. The reserve for the IBank loan has been established with US Bank Government Services Division.
Unassigned Cash Balance Projections
The FY 2023/24 Budget projects a net decrease in assigned reserves of $16,052 compared to the FY 2022/23 Adopted Budget. Unassigned reserves are expected to be $2,921,875 as of June 30, 2024.
YTD
Unrestricted Cash Balance 6/30/22 $ 11,031,178
Projected Unrestricted Cash Balance 6/30/23 $ 8,409,265 Transfer from Unrestricted Reserves (930,671)
Projected Unrestricted Cash Balance 6/30/24 $ 7,478,594 Less: Amounts Assigned to Reserves
O&M Reserves $ (1,731,421)
Capital Projects Rehabilitation and Replacement Reserve (789,200) Pumping Plant Replacement Reserve (147,891)
Reservoir Reserve (120,000)
Pipeline Replacement Reserve -
Depreciation Reserve (USDA-requirement) (124,312)
Meter Replacement Reserve (740,260)
Big Bear Shores RV Park Water System Asset Reserve (153,036) Vehicle and Equipment Replacement Reserve (750,599)
Assigned Balances (4,556,719)
Projected Unassigned Cash Balance 6/30/24 $ 2,921,875
Projected Unrestricted Cash Balance
FISCAL YEAR 2023-24 SCHEDULE 4-2
Assigned Funds
(A) (B) (C)=(B)-(A) (C)/(A)
Assigned Fund Balances FY 2022-23 FY 2022-23 FY 2023-24 FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
SECTION I OPERATIONS AND MAINTENANCE
20-00-3465 O&M Reserve Beginning Balance $ 1,654,250 $ 1,714,256 $ 1,802,573 $ 1,884,764 $ 1,884,764 $ 2,055,751 20-00-3030 Fund adjustment as directed by the Board 60,006 88,317 82,191 170,987 170,987 (324,330) Recommend reducing this reserve
from 25% of gross O&M to 20%
Uses
20-00-3465 Total O&M Reserve $ 1,714,256 $ 1,802,573 $ 1,884,764 $ 2,055,751 $ 2,055,751 $ 1,731,421 $ (324,330) -15.8%
SECTION II INFRASTRUCTURE ASSET RESERVES
20-00-3470 Capital Projects Reserve Beginning Balance $ 789,200 $ 789,200 $ 789,200 $ 789,200 $ 789,200 $ 789,200 20-00-3030 Fund adjustment as directed by the Board -
(Uses) Repayments
20-00-3470 Total Capital Improvement Reserve $ 789,200 $ 789,200 $ 789,200 $ 789,200 $ 789,200 $ 789,200 $ - 0.0% Pumping Plant Reserve
20-00-3471 Pumping Plant Reserve Beginning Balance $ 197,891 $ 227,891 $ 257,891 $ 87,891 $ 87,891 $ 117,891 20-00-3030 Fund adjustment as directed by the Board -
22-50-6665 Provision for Pumping Plant Replacement 30,000 30,000 30,000 30,000 $ 30,000 30,000 Uses $ -
20-00-3471 Total Pumping Plant Reserve $ 227,891 $ 257,891 $ 287,891 $ 117,891 $ 117,891 $ 147,891 $ 30,000 25.4% Reservoir Reserve
20-00-3472 Reservoir Reserve Beginning Balance $ 120,000 $ 120,000 $ 120,000 $ 120,000 $ 120,000 $ 120,000 20-00-3030 Fund adjustment as directed by the Board -
22-50-6660 Provision for Reservoir Replacement - -
Uses
20-00-3472 Total Reservoir Reserve $ 120,000 $ 120,000 $ 120,000 $ 120,000 $ 120,000 $ 120,000 $ - Pipeline Replacement Reserve
20-00-3473 Pipeline Replacement Reserve Beginning Balance $ - $ - $ - $ - $ - $ - 20-00-3030 Fund adjustment as directed by the Board - - 22-55-6670 Provision for Pipeline Replacement - -
Uses -
20-00-3473 Total Pipeline Replacement Reserve $ - $ - $ - $ - $ - $ - $ - Short-lived Asset Reserve (USDA)
20-00-3475 Depreciation Reserve Beginning Balance 198,870 231,270 263,670 116,202 85,512 91,912 20-00-3030 Fund adjustment as directed by the Board
22-50-6650 Provision for Depreciation (USDA) 32,400 32,400 32,400 32,400 32,400 32,400 Per USDA contracts Uses (210,558) (26,000) -
20-00-3475 Total Short-lived Asset Reserve (USDA) $ 231,270 $ 263,670 $ 85,512 $ 148,602 $ 91,912 $ 124,312 $ (24,290) -16.3% Meter Replacement Reserve
20-00-3480 Meter Replacement Reserve Beginning Balance $ 170,000 $ 185,065 $ 370,130 $ 370,130 $ 555,195 20-00-3030 Fund adjustment as directed by the Board -
22-55-6675 Provision for Meter Replacement - 185,065 185,065 185,065 185,065 185,065 Uses (170,000)
20-00-3480 Total Meter Replacement Reserve $ - $ 185,065 $ 370,130 $ 555,195 $ 555,195 $ 740,260 $ 185,065 20-00-3490 Big Bear Shores RV Asset Reserve
Big Bear Shores RV Asset Reserve Beginning Balance $ - $ 241,221 $ 220,406 $ 208,036 $ 153,036 Fund adjustment as directed by the Board 241,221
Uses $ (33,185) $ (55,000) $ -
Total Big Bear Shores RV Asset Reserve $ 241,221 $ 208,036 $ 220,406 $ 153,036 $ 153,036 $ (67,370)
SECTION III
20-00-3460 Vehicle and Equipment Reserve Beginning Balance $ 345,319 $ 326,896 $ 413,806 431,716 $ 588,716 $ 568,920 20-00-3030 Fund adjustment as directed by the Board
10-59-6605 Provision for Vehicle and Equipment Replacement 84,910 84,910 84,910 89,009 89,009 91,679 Per 2022 Equipment Replacement
plan
10-59-6614 Provision for Facility Improvements -
10-98-6615 Provision for Office Equipment Replacement 17,000 17,000 30,000 30,000 30,000 30,000 Provision for IT infrastructure
replacement every 5 years
10-98-6616 Provision for Software Replacement 60,000 60,000 60,000 60,000 60,000 60,000 Provision for Accounting/Utility
Billing software replacement
Uses (180,333) (75,000) (45,000) (198,805) -
20-00-3460 Total Vehicle and Equipment Reserve $ 326,896 $ 413,806 $ 588,716 $ 565,725 $ 568,920 $ 750,599 $ 184,874 32.7% -
Total Assigned Fund Balance $ 3,409,513 $ 4,073,426 $ 4,334,248 $ 4,572,770 $ 4,451,904 $ 4,556,719 $ (16,051) -0.4% FISCAL YEAR 2023-24 Schedule 4-3
Debt Reserve Requirements
FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
Maximum Annual Debt Service
SECTION IV
1996 Revenue Refunding Bonds 3,409,840$ $ - $ - $ - $ - California DWR Loan - - - - -
USDA 2010 Bond 143,225 143,225 143,225 143,225 143,225
USDA 2012 Bond 208,383 208,383 208,383 208,383 208,383
USDA 2013 Bond 130,975 130,975 130,975 130,975 130,975
Ibank CLEEN Loan 55,926 55,926 55,926 55,926 55,926
CEC Loan (reserve not required)
USDA 2019 Bond 448,300 448,300 448,300 448,300 448,300
Total 4,396,649$ $ 986,809 $ 986,809 $ 986,809 $ 986,809 FISCAL YEAR 2023-24
Schedule 4-4
Provisions for Asset Replacement/Repair
(A) (B) (C)=(B)-(A) (C)/(A)
Provisions FY 2022-23 FY 2022-23 FY 2023-24
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
10-59-6605 Provision for Vehicle and Equipment Replacement $ 84,910 $ 84,910 $ 84,910 $ 89,009 $ 89,009 $ 91,679 $ 2,670 3.00% Per adopted reserve plan 10-98-6615 Provision for Office Equipment Replacement 17,000 17,000 30,000 30,000 $ 30,000 30,000 - 0.00% 10-98-6616 Provision for Software Replacement 60,000 60,000 60,000 60,000 $ 60,000 60,000 - 0.00% 22-50-6650 Provision for Depreciation (USDA) 32,400 32,400 32,400 32,400 32,400 32,400 - 0.00% 22-50-6660 Provision for Reservoir Replacement - - - - - - -- 22-50-6665 Provision for Pumping Plant Replacement 30,000 30,000 30,000 30,000 30,000 30,000 - 0.00% 22-55-6670 Provision for Pipeline Replacement - - - - - - -- 22-55-6675 Provision for Meter Replacement 185,065 185,065 185,065 185,065 185,065 - 0.00% Total $ 164,310 $ 224,310 $ 422,375 $ 426,474 $ 426,474 $ 429,144 $ 2,670 0.63% FISCAL YEAR 2022-23 Schedule 4-5
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
Cash Balances
Unassigned Cash
Assigned Cash
Restricted Cash
Fiscal Year 2023-24 Schedule 4-6
5-1
Department of Water
Department: Debt Service
Fund: 21
Department: 85
The Debt Service Budget includes payments of principal, interest and fees for the agency’s debts as follows:
(1) The USDA Rural Development Department 2010 Bond: Principal and interest total for FY 2023/24 are budgeted at $142,096. Total loan amount was $3,628,000. The term is 40 years at an interest rate of 2.375%. The unpaid principal balance of the USDA 2010 Bond as of June 30, 2023, is projected to be $2,840,000. The projected balance as of June 30, 2024 is expected to be $2,764,000. The 2010 Bond matures October 1, 2049.
The USDA 2010 Bond and its associated $1,603,000 grant proceeds were used to drill the Magnolia and Seminole Wells, equip Lakeplant Well #6 and equip the Cherokee Well, and replace over 6,000 feet of aging and undersized main lines throughout the DWP’s water systems.
(2) In December 2012 the DWP fully utilized funding from the USDA from the 2012 Bond. Principal and interest total for FY 2023/24 are budgeted at $207,454. The original principal balance of the bond was $5,000,000. The term is 40 years at an interest rate of 2.75%. The unpaid principal balance of the USDA 2012 Bond as of June 30, 2023, is projected to be $4,113,000. The projected balance as of June 30, 2024, is expected to be $4,018,000. The 2012 Bond matures April 1, 2052.
The 2012 Bond and its associated $1,000,000 grant were combined with $1,212,000 of funding awarded by the Environmental Protection Agency (EPA) under the State and Tribal Assistance Grant Program (STAG). These combined proceeds were used to equip the Magnolia Well, equip the Seminole Well and Treatment Plant, equip Division Well #8, and to replace over 26,000 feet of aging and undersized main lines throughout the DWP’s water systems. (3) In March 2013, the DWP filed an additional application with the USDA for funding of $4,157,000 to be used for infrastructure improvements. The USDA awarded the DWP a 40-year loan of $3,157,000 at 2.75% interest per annum, and a grant of $1,000,000. Principal and interest total for FY 2022/23 are budgeted at $130,377. The unpaid principal balance of the USDA 2013 Bond as of June 30, 2023 is projected to be $2,711,000. The projected principal balance as of June 30, 2024 is expected to be $2,654,000. The 2013 Bond matures 5-1
October 1, 2053.
The 2013 Bond and its associated $1,000,000 grant were used to drill and equip the Arrastre Creek Well and construct the Arrastre Creek Pipeline in Lake William and improve operational flexibility by adding the Angels Camp Reservoir and Pipeline and Klamath Booster Station and Pipeline that facilitate the transfer of water from east to west or west to east as needed. (4) In January 2017, the DWP entered into an installment sale agreement with the California Infrastructure and Economic Development Bank (IBank). This financing mechanism is funded through the State of California and provided $1,050,000 in financing over 30 years at 2.7% interest per annum, plus an annual fee of 0.3%. Principal and interest total for FY 2022/23 are budgeted at $51,514 and the annual fee to IBank is $2,704. The unpaid principal balance of the IBank Loan as of June 30, 2023, is projected to be $901,291. The projected principal balance as of June 30, 2024 is expected to be $874,112. The IBank loan matures August 1, 2046. The loan agreement includes a prepayment penalty through the 12th year. The IBank Loan funded the Big Bear Blvd. Pipeline Replacement Project.
(5) In February 2018, the DWP entered into a loan agreement with California Energy Commission (CEC) for up to $1,141,000 to fund the Division Well Field Solar Power Plant. The promissory note requires semi-annual principal and interest payments over 10 years at 1% interest per annum. The DWP received grant funding of $295,000 from the United States Bureau of Reclamation (USBR), which reduced the required borrowing for this project. The DWP completed the construction of the solar project in June 2019. The total project cost was below budget. That, combined with grant funding from USBR, allowed the DWP to draw only $771,880 from the CEC Loan. Principal and interest for FY 2022/23 total $81,399. The unpaid principal balance of the CEC Loan as of June 30, 2023 is projected to be $470,911. The projected principal balance as of June 30, 2024 is expected to be $394,380. The loan matures June 22, 2029. (6) In August 2019, the DWP finalized terms with the USDA for an additional loan and grant. The agreement included $12,000,000 in bonds (The USDA 2019 Bonds) and $3,000,000 in grant funding. The USDA 2019 Bonds have a term of 40-years at 2.125% interest per annum. Principal and interest total for FY 2022/23 are budgeted at $444,301. The unpaid principal balance of the USDA 2019 Bonds as of June 30, 2023 is projected to be $11,407,600. The projected principal balance as of June 30, 2024 is expected to be $11,201,700.
The 2019 Bonds and the associated $3,000,000 grant were used to replace approximately 8.3 miles of pipelines in Big Bear Lake and Fawnskin. 5-1
The Debt Service Budget includes principal, interest and fees for the agency’s debts as follows:
Accrual Basis Debt Service
$3.6M
USDA RD
2010 Bond
$5.0M
USDA RD
2012 Bond
$3.1M
USDA RD
2013 Bond
$1.05M
IBank Loan
$771K
CEC Loan (1)
$12 M
USDA RD
2019 Bonds TOTALS
Principal $ 76,000 $ 95,000 $ 57,000 $ 27,179 $ 76,532 $ 205,900 $ 537,611 Interest 66,096 112,454 73,377 24,335 4,867 238,401 519,530 Gross
Totals $ 142,096 $ 207,454 $ 130,377 $ 51,514 $ 81,399 $ 444,301 $ 1,057,141 Professional
Fees 2,208 2,050 2,120 2,704 -- 2,310 11,392
TOTALS $ 144,304 $ 209,504 $ 132,497 $ 54,218 $ 81,399 $ 446,611 $ 1,068,533 Debt Service Fund
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Debt Service FY 2022-23 FY 2022-23 FY 2023-24
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted Budget
Total Projected
Proposed
Budget Change % Explanation
21-85-6400 Professional Services $ 20,304 $ 14,871 $ 14,486 $ 11,283 $ 11,591 $ 11,392 $ 109 0.96% 21-85-6501 Principal USDA 2010 Bond 69,000 71,000 73,000 74,000 74,000 76,000 2,000 2.70% Per amortization schedule 21-85-6510 Interest Expense USDA 2010 Bond 73,037 71,363 69,641 67,889 67,889 66,096 (1,793) -2.64% Per amortization schedule 21-85-6511 Principal USDA 2012 Bond 85,000 87,000 90,000 92,000 92,000 95,000 3,000 3.26% Per amortization schedule 21-85-6512 Interest Expense USDA 2012 Bond 122,258 119,907 117,494 115,005 115,005 112,454 (2,551) -2.22% Per amortization schedule 21-85-6513 Principal USDA 2013 Bond 51,000 52,000 54,000 55,000 55,000 57,000 2,000 3.64% Per amortization schedule 21-85-6514 Interest Expense USDA 2013 Bond 79,331 77,908 76,436 74,931 74,931 73,377 (1,554) -2.07% Per amortization schedule 21-85-6516 Interest Expense Ibank CLEEN 17-002 26,478 25,802 25,107 23,722 24,027 24,335 613 2.59% Per amortization schedule 21-85-6517 Principal Ibank CLEEN 17-002 24,432 25,091 25,769 26,464 26,464 27,179 715 2.70% Per amortization schedule 21-85-6518 Principal - CEC Loan 75,865 74,287 75,032 75,784 75,784 76,532 748 0.99% Per amortization schedule 21-85-6519 Interest Expense - CEC Loan 5,197 6,775 6,031 5,655 5,482 4,867 (788) -13.93% Per amortization schedule 21-85-6520 Principal USDA 2019 Bond - 193,300 197,500 201,600 201,600 205,900 4,300 2.13% Per amortization schedule 21-85-6521 Interest Expense USDA 2019 Bond 31,294 165,333 231,337 244,722 242,769 238,401 (6,321) -2.58% Per amortization schedule 21-85-6596 Interest Expense 1996 Refunding Bonds 502,500 280,350 - - - - - -- 21-85-6597 Principal 1996 Bonds 2,860,000 3,030,000 - - - - - -- 21-85-6598 Amortization Expense 64,658 48,494 - - - - - -- 21-00-4640 (Gain) loss on Defeasance 272,833 - - -
Total $ 4,090,354 $ 4,616,314 $ 1,055,833 $ 1,068,055 1,066,542$ 1,068,533$ $ 478 0.04% FISCAL YEAR 2023-24
Schedule 5-2
Debt Coverage Analysis
Fiscal Year 2023-24
Gross Revenues $ 11,665,130
Operations & Maintenance Expenses 8,403,606
Net Revenues $ 3,261,524
Debt Service Requirement*
1996 Bonds $ -
IBank Loan 55,926
2010 - USDA 143,225
2012 - USDA 208,383
2013 - USDA 130,975
2019 - USDA 448,300
100% Maximum Debt Service $ 986,809
120% of Maximum Debt Service $ 1,184,171
Excess Revenues $ 2,077,353
Ratio 331%
Gross Revenues less Connection Fees $ 10,838,410
Operations & Maintenance Expenses 8,403,606
Net Revenues $ 2,434,804
Excess Revenues $ 1,447,995
Ratio 247%
* CEC Promisory Note is not parity debt
100% Test
120% test
FISCAL YEAR 2023-24
Schedule 5-3
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32
DEBT SERVICE PAYMENTS
CEC Loan (matures 2029) IBank Loan (matures 2046) 2010 Bond (matures 2049) 2012 Bond (matures 2051) 2013 Bond (matures 2052) 2019 Bonds (matures 2059) Fiscal Year 2023-24 Schedule 5-4
6-1
Department of Water
Rehabilitation Projects Work Plan
Fund: 22
Departments: 50 and 55
In January 2021, the Board adopted a 10-year Capital Improvement plan. Incorporated in that plan is the replacement of the Wolf Reservoir and Boosters and approximately 3,900 LF of associated pipelines. The FY 2023/24 Budget provides $3.2 Million for the Wolf Project. Also, grant funding from the Bureau of Reclamation will support a portion of the Pontell Hydropneumatic System Project
In March 2022, the Board authorized staff to re-prioritize drilling and equipping Division Well #9. The drilling contract was awarded in March 2022. Construction of the associated pumping plant will be scheduled in the future based upon funding priorities.
In June 2020, the DWP completed the radio-read meter installation project. This project started in October 2014 and installation was completed using in-house labor. In FY 2023/24 The DWP will replace approximately 400 old Hersey radio-read meters that had been deployed with Itron radio endpoints and then adapted to Sensus radio endpoints. These meters are reaching end-of-life and their compatibility with Sensus software can be challenging.
Danny Ent
Water Superintendent
System Rehabilitation Projects
DEPT ACCT ACCT NAME PROJECT NAME DIRECT COST
ALLOCATED
LABOR Acct Direct Indirect Total
50 9010 Capital Outlay - Engineering Wells/Boosters On-call Engineering - Wells $ - $ - 50 9010 Capital Outlay - Engineering Wells/Boosters Pontel Hydroneumatic system design and management 25,000 1,573 25,000 1,573 26,573 50 9015 Capital Outlay - Engineering Reservoirs Tank Coating evaluation plan (corrosion study) 70,000 4,404 70,000 4,404 74,404 50 9025 Capital Outlay - Other Professional Services On-call Hydrogeology 10,000 629 10,000 629 10,629 50 9250 Capital Outlay - Wells and Boosters Pump Replacements (3) 90,000 5,662 50 9250 Capital Outlay - Wells and Boosters Well Building Replacement Block Building - - 50 9250 Capital Outlay - Wells and Boosters Pontel Hydropneumatic system 225,000 14,154 50 9250 Capital Outlay - Wells and Boosters Wolf Boosters 1,100,000 69,199 1,415,000 89,015 1,504,015 50 9251 Capital Outlay Telemetry - Wells - - - - -
50 9253 Capital Outlay - Chlorine Stations - - - - -
50 9260 Capital Outlay - Reservoirs Wolf Reservoir 2,100,000 132,108 2,100,000 132,108 2,232,108 50 9280 Capital Outlay - Pressure Valves - - - - -
55 9020 Capital Outlay - Engineering - Mains On-call Engineering - Mains 20,000 1,258 20,000 1,258 21,258 55 9025 Capital Outlay - Other Professional Services On-call Environmental 20,000 1,258 20,000 1,258 21,258 55 9025 Capital Outlay - Other Professional Services - - 55 9255 Capital Outlay - Land - - - - -
55 9265 Capital Outlay - Mains and Services - - - - -
55 9266 Capital Outlay - Hydrants Replace Fire Hydrants 16,500 1,038 16,500 1,038 17,538 55 9270 Capital Outlay - Meters (Replacement) 5/8" Ally 4,500 283 55 9270 Capital Outlay - Meters (Replacement) 5/8" iPerl 30,547 1,922 55 9270 Capital Outlay - Meters (Replacement) 5/8' X 3/4" AccuStream w/ SmartPoint - - 55 9270 Capital Outlay - Meters (Replacement) 1" AccuStream w/ SmartPoint - - 55 9270 Capital Outlay - Meters (Replacement) 1" iPerl 11,885 748 55 9270 Capital Outlay - Meters (Replacement) 1 1/2" OMNI R2 8,878 559 55 9270 Capital Outlay - Meters (Replacement) 2" OMNI R2 12,432 782 55 9270 Capital Outlay - Meters (Replacement) SmartPoint (End Point) 555 35 68,797 4,328 73,125 55 9271 Capital Outlay - Meter Boxes (Replacement) 5/8" resetter 6" 3,600 226 55 9271 Capital Outlay - Meter Boxes (Replacement) 5/8" resetter 12" 1,320 83 55 9271 Capital Outlay - Meter Boxes (Replacement) 5/8" resetter 18" 520 32 55 9271 Capital Outlay - Meter Boxes (Replacement) 5/8" resetter 24" 280 18 55 9271 Capital Outlay - Meter Boxes (Replacement) 5/8" retro setter 6,600 415 - 55 9271 Capital Outlay - Meter Boxes (Replacement) 1" resetter 10" 525 33 55 9271 Capital Outlay - Meter Boxes (Replacement) 1" retro setter 1,440 91 55 9271 Capital Outlay - Meter Boxes (Replacement) Misc. Meter Support Hardware 5,000 315 55 9271 Capital Outlay - Meter Boxes (Replacement) Meter Box Plastic 44,000 2,768 55 9271 Capital Outlay - Meter Boxes (Replacement) Meter Box Lid Plastic 11,000 692 55 9271 Capital Outlay - Meter Boxes (Replacement) Meter Box Lid Wood 500 31 55 9271 Capital Outlay - Meter Boxes (Replacement) Meter Box Lid Composite 8,200 516 55 9271 Capital Outlay - Meter Boxes (Replacement) 2" Meter Box Plastic 5,000 315 55 9271 Capital Outlay - Meter Boxes (Replacement) 2" Meter Box Lid Plastic 1,625 102 55 9271 Capital Outlay - Meter Boxes (Replacement) Frost Lid (sport mat) 20,500 1,290 55 9271 Capital Outlay - Meter Boxes (Replacement) Frost Lid 2" Box (sport mat) 4,500 283 55 9271 Capital Outlay - Meter Boxes (Replacement) 2" Meter Box Lid Composite 2,875 181 55 9271 Capital Outlay - Meter Boxes (Replacement) Meter Box Plastic Grade Ring 12,000 755 55 9271 Capital Outlay - Meter Boxes (Replacement) Frost Lid Wood Box (sport mat) 2,000 126 131,485 8,272 139,757 55 9295 Capital Outlay - Basic Materials Asphalt Trench Repair 100,000 6,290 100,000 6,290 106,290 TOTAL CAPITAL OUTLAY $ 3,976,782 $ 250,173 $ 3,976,782 $ 250,173 $ 4,226,955 FISCAL YEAR 2023-24 Schedule 6-2
System Rehabilitation Source of Supply/Water Production (A) (B) (C)=(B)-(A) (C)/(A)
Fund System Rehabilitation FY 2022-23 FY 2022-23 FY 2023-24 Dept Source of Supply/Production
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
22-50-9010 Capital Outlay - Engineering Wells/Boosters $ - $ - $ 332,144 $ 7,500 $ 43,296 $ 25,000 $ 17,500 233.33% On-call services increased at
the request of the Board
22-50-9015 Capital Outlay - Engineering Reservoirs - - 31,231 - - 70,000 70,000 -- Reservoir evaluation study 22-50-9025 Capital Outlay - Other Professional Services - - 4,853 2,500 2,247 10,000 7,500 300.00% On-call services increased at
the request of the Board
22-50-9250 Capital Outlay - Wells and Boosters 368,247 110,828 269,869 1,000,000 1,671,123 1,415,000 415,000 41.50% Pontel Hydropneumatic
system; Wolf Boosters
22-50-9251 Capital Outlay Telemetry - Wells 188,422 19,247 3,517 - 9,342 - - -- 22-50-9253 Capital Outlay - Chlorine Stations - - - - - - - -- 22-50-9260 Capital Outlay - Reservoirs - - - - - 2,100,000 2,100,000 -- Wolf Reservoir 22-50-8222 Overhead Allocation 35,536 817 45,243 115,272 115,272 227,729 112,457 97.56% Staff efforts shifted from
pipeline projects to
production projects
Total $ 592,205 $ 130,892 $ 686,856 $ 1,125,272 $ 1,841,280 $ 3,847,729 $ 2,722,457 241.94% FISCAL YEAR 2023-24 Schedule 6-3
System Rehabilitation Transmission and Distribution
(A) (B) (C)=(B)-(A) (C)/(A)
Fund System Rehabilitation FY 2022-23 FY 2022-23 FY 2023-24 Dept Transmission and Distribution
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted Budget
Total Projected
Proposed
Budget Change % Explanation
22-55-9020 Capital Outlay - Engineering - Mains $ 660,539 $ 475,364 $ 307,250 $ 202,500 $ 323,344 $ 20,000 $ (182,500) -90.12% Reduced scope of pipeline projects as
a result of completion of the 2018
USDA Pipeline Replacement Project
and Wolf Pipeline Project; On-call
services increased at request of the
Board
22-55-9025 Capital Outlay - Other Professional Services 50,803 45,146 5,012 2,500 1,988 20,000 17,500 700.00% Increase funding for on-call services
at the request of the Board
22-55-9265 Capital Outlay - Mains and Services 3,440,422 6,832,175 4,317,487 1,450,000 1,615,544 - (1,450,000) -100.00% Pipeline contracts awarded in FY
22/23 will carry forward to FY 23/24
22-55-9266 Capital Outlay - Hydrants - - 7,583 15,516 7,758 16,500 984 6.34% 22-55-9270 Capital Outlay - Meters (Replacement) 352,583 40,547 42,213 97,005 68,501 68,797 (28,208) -29.08% 22-55-9271 Capital Outlay - Meter Boxes (Replacement) 98,434 82,920 61,606 108,019 60,163 131,485 23,466 21.72% 22-55-9275 Capital Outlay - Telemetry Meters - - - - - - -- 22-55-9295 Capital Outlay - Basic Materials - - - 100,000 83,939 100,000 - 0.00% 22-55-8222 Overhead Allocation 318,353 285,781 180,013 225,470 225,470 22,444 (203,025) -90.05% Staff efforts shifted from pipeline
projects to production projects
Total $ 4,921,134 7,761,933$ $ 4,921,164 $ 2,201,010 $ 2,386,707 $ 379,226 $ (1,821,784) -82.77% FISCAL YEAR 2023-24 Schedule 6-4
7-1
Department of Water
Capital Infrastructure – Growth Related System Improvements Work Plan
Fund: 23
Departments: 50 and 55
In FY 2023/24, provisions have been made for new connections to the system and also for miscellaneous on-call consulting services.
Danny Ent
Water Superintendent
CAPITAL PROJECTS
GROWTH RELATED
DEPT ACCT ACCT NAME PROJECT NAME DIRECT COST
ALLOCATED
LABOR Acct Direct Indirect Total
50 9010 Capital Outlay - Engineering Wells/Boosters On-call Engineering - Wells/Boosters $ - $ - $ - $ - $ - 50 9025 Capital Outlay - Other Professional Services On-call Hydrogeology 10,000 629 50 9025 Capital Outlay - Other Professional Services On-call Environmental 2,500 157 12,500 786 13,286 50 9250 Capital Outlay - Wells and Boosters - - - - -
50 9251 Capital Outlay Telemetry - Wells - - - - -
50 9253 Capital Outlay - Chlorine Stations - - - - -
50 9255 Capital Outlay - Land - - - - -
50 9260 Capital Outlay - Reservoirs - - - - -
50 9280 Capital Outlay - Pressure Valves - - - - -
55 9020 Capital Outlay - Engineering - Mains On-call Engineering - Mains - - - - - 55 9025 Capital Outlay - Other Professional Services - - - - - 55 9255 Capital Outlay - Land - - - - -
55 9265 Capital Outlay - Mains and Services - - - - -
55 9266 Capital Outlay - Hydrants - - - - -
55 9270 Capital Outlay - Meters (New Connections) 1" AccuStream w/ SmartPoint 9,508 598 9,508 598 10,106 55 9271 Capital Outlay - Meter Boxes (New Connections) Meter Box Plastic 7,040 443 55 9271 Capital Outlay - Meter Boxes (New Connections) Meter Box Lid Plastic 2,200 139 55 9271 Capital Outlay - Meter Boxes (New Connections) Frost Lid 1" sport mat 1,640 103 10,880 685 11,565 55 9272 Capital Outlay - Service Lines (New Connections) Services 20,000 1,258 20,000 1,258 21,258 Total $ 52,888 $ 3,327 $ 52,888 $ 3,327 $ 56,215
FISCAL YEAR 2023-24
Schedule 7-2
Capital Facilities - Growth Related Production
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Capital Facilities - Growth Related FY 2022-23 FY 2022-23 FY 2023-24 Dept Source of Supply/Production
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget
Total Projected
Proposed
Budget Change % Explanation
23-50-9010 Capital Outlay - Engineering Wells/Boosters $ - $ - $ - $ - $ - $ - $ - -- 23-50-9025 Capital Outlay - Other Professional Services - 97,357 - 4,350 1,850 12,500 8,150 187.36% On-call services increase at
request of the Board
23-50-9250 Capital Outlay - Wells and Boosters - - - - - - - -- 23-50-9251 Capital Outlay Telemetry - Wells - - - - - - - -- 23-50-9253 Capital Outlay - Chlorine Stations - - - - - - - -- 23-50-9255 Capital Outlay - Land - - - - - - - --
23-50-9260 Capital Outlay - Reservoirs - - - - - - - -- 23-50-9280 Capital Outlay - Pressure Valves - - - - - - - -- 23-50-8223 Overhead Allocation - 11,557 - 1 - 786 785 101603.53% Allocations modified based upon
current trends
Total $ - $ 108,914 $ - $ 4,351 $ 1,850 $ 13,286 $ 8,935 205.37% FISCAL YEAR 2023-24 Schedule 7-3
Capital Facilities - Growth Related Transmission and Distribution (A) (B) (C)=(B)-(A) (C)/(A)
Fund Capital Facilities - Growth Related FY 2022-23 FY 2022-23 FY 2023-24 Dept Transmission and Distribution
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
23-55-9020 Capital Outlay - Engineering - Mains $ 20,537 $ - $ - $ - $ - $ - $ - -- 23-55-9025 Capital Outlay - Other Professional Services 6,619 - - - - - - -- 23-55-9255 Capital Outlay - Land - - - - - - - --
23-55-9265 Capital Outlay - Mains and Services 222,600 - - - - - - -- 23-55-9266 Capital Outlay - Hydrants - - - - - - - --
23-55-9270 Capital Outlay - Meters (New Connections) 10,469 12,270 25,992 9,461 5,328 9,508 47 0.50% Assumes 40 new connections 23-55-9271 Capital Outlay - Meter Boxes (New Connections) 5,892 7,333 10,991 5,520 5,623 10,880 5,360 97.10% Assumes 40 new connections 23-55-9272 Capital Outlay - Services (New Connections) 14,755 12,837 33,575 16,000 8,291 20,000 4,000 25.00% Assumes 40 new connections 23-55-9275 Capital Outlay - Telemetry Meters - - - - - - - -- 23-55-9295 Capital Outlay - Basic Materials - - - - - - - -- 23-55-9299 Capital Outlay - Developer Reimbursement - - - - - - - -- 23-55-8223 Overhead Allocation 61,122 27,072 42,495 6 538 2,541 2,535 46054.70% Allocations modified based upon
current trends
Total $ 341,994 $ 59,512 $ 113,053 $ 30,987 $ 19,780 $ 42,929 $ 11,942 38.54% FISCAL YEAR 2023-24 Schedule 7-4
8-1
Department of Water
Bear Valley Basin Sustainability Fund – Growth Related Source of Supply Work Plan
Fund: 30
Departments: 50 and 98
In 2017, the DWP became a member of a newly-formed Joint Powers Agency to comply with the Sustainable Groundwater Management Act (SGMA). The Bear Valley Basin Groundwater Sustainability Agency (BVBGSA) is composed of the following member agencies: Big Bear Area Regional Wastewater Agency, Big Bear City Community Services District, Big Bear Municipal Water District, and the DWP. BVBGSA’s fourmember board agreed upon cost sharing among the members depending upon the nature of the spending.
In FY 2018/19, the Board of Commissioners, and the boards of the other member agencies, authorized funding in support of the Bear Valley Groundwater Sustainability Project, now known as Replenish Big Bear. Replenish Big Bear is a project that is intended to transfer up to 2,000 acre-feet of water to Big Bear Lake where it will restore habitat and be available for groundwater recharge when needed. The project is currently in preliminary design stages and regulatory review. The Big Bear Area Regional Wastewater Agency (BBARWA) is the lead agency for the project. BBARWA has been awarded approximately $7,700,000 in grants for the project. An additional $8.3 million in grants has been recommended for funding.
In FY 2019/20, additional funding was authorized in support of Replenish Big Bear. In January 2022, additional funding of $100,000 was authorized for the project. Prior appropriations are expected to be carried forward to FY 2023/24. No additional appropriations were agreed to by BVBGSA or its member agencies for FY 2022/23.
Spending for FY 2023/24 is limited to administrative costs such as bank and legal fees.
FY 2023/24 activities will include ensuring regulatory reports are filed in compliance with Bear Valley Basin Groundwater Sustainability Plan.
Danielle D. McGee
Chief Financial Officer
BVB Sustainbility Fund Expenditure Summary
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Sustainability Agency and Replenish Big Bear FY 2022-23 FY 2022-23 FY 2023-24 FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget
Total Projected
Proposed
Budget Change % Explanation
Administrative and General Expenses $ 3,853 $ 4,532 $ 2,573 $ 5,582 $ 13,625 $ 11,348 $ 5,766 103.29% Primarily State reporting
requirements - Groundwater
Sustainability Plan
Sustainability - Source of Supply 168,943 94,268 100,599 - 58,581 - - -- Total $ 172,796 $ 98,800 $ 103,172 $ 5,582 $ 72,206 $ 11,348 $ 5,766 103.29% FISCAL YEAR 2023-24 Schedule 8-2
BVB Sustainability General and Adminstrative
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Sustainability Agency and Replenish Big Bear FY 2022-23 FY 2022-23 FY 2023-24 Dept Administration
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
30-98-6114 Office Supplies $ - $ - $ - - $ - $ - - --
30-98-6315 Computers and Software 400 - - - 450 475 475 -- Quickbooks is now annual
subscription-based software;
1/4 Share
30-98-6335 Bank Fees and Misc Fees 1,227 826 899 840 988 960 120 14.29% 30-98-6400 Professional Services - - 10,100 8,000 8,000 -- 1/4 Share Annual Sustainability
Report
30-98-6480 Professional Services - Audit 978 997 1,038 1,200 1,665 1,250 50 4.17% 30-98-6486 Legal Fees - GSA 1,221 2,707 - 3,000 - - (3,000) -100.00% No legal services expected 30-98-6487 Other Expenses - GSA - 2 - - - - - --
30-98-6386 Insurance 422 422 422 475 53 12.56%
30-98-6910 Advertising 27 - 95 - - 50 50 -- Public notices 30-98-6927 Memberships 119 120 - 138 18 14.58%
Total $ 3,853 $ 4,532 $ 2,573 $ 5,582 $ 13,625 $ 11,348 $ 5,766 103.29% FISCAL YEAR 2023-24 Schedule 8-3
BVB Sustainability Fund Source of Supply
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Sustainability Agency and Replenish Big Bear FY 2022-23 FY 2022-23 FY 2023-24 Dept Source of Supply/Production
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
30-50-9010 Capital Outlay - Source of Supply Engineering $ - $ - $ - - $ - $ - $ - -- 30-50-9025 Capital Outlay - Other Professional Services 168,943 94,268 100,599 - 58,581 - - -- Spending is appropriated
through carry forward from
prior year
30-50-9250 Capital Outlay - Source of Supply - - - - - - - -- Total 168,943$ $ 94,268 100,599$ $ - $ 58,581 $ - $ - -- FISCAL YEAR 2023-24 Schedule 8-4
9-1
Department of Water
Department: Source of Supply/Water Production
Fund: 20
Department: 50
The Source of Supply/Water Production Department is responsible for the quantity and quality of the DWP’s potable water supply. The Department must take daily, weekly, monthly, and yearly water quality samples. The Department must constantly maintain and service all our equipment, including well pumps and motors, chlorinators, treatment plants, and the interior and exterior condition of our many facilities. The Department also continually monitors ground water conditions throughout the valley and submits this information, as required, to the Department of Water Resources to comply with the California Statewide Groundwater Elevation Monitoring (SGMA) Program. The Department provides monthly water production data to the Conservation Department to assist with monthly water efficiency related reporting. The Department also operates and maintains the Division Solar Field, strategically running these wells in order to maximize the energy benefit. The Department maximizes gravity well production to minimize water production power costs.
In FY 2023/24, the Department will be focusing on the Wolf Reservoir and Booster project, as well as constructing a hydropneumatic tank at the Pontell Reservoir. The Source of Supply/ Production Department will assume that we will have to replace three pumping units due to age and usage.
The Source of Supply/Production Department is staffed with a Production Supervisor and three Water Production Technicians.
Jason Hall
Water Production Supervisor
Operations Maintenance Source of Supply/Water Production (A) (B) (C)=(B)-(A) (C)/(A)
Fund: Operations and Maintenance FY 2022-23 FY 2022-23 FY 2023-24 Dept: Source of Supply/Production
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted Budget
Total Projected
Proposed
Budget Change % Explanation
20-50-6010 Salaries 243,861$ 277,072$ $ 299,848 $ 356,219 $ 353,006 $ 390,758 $ 34,539 9.70% FY 22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study
20-50-6013 Salaries - Disability - - - - - - - --
20-50-6020 Salaries - Overtime 20,367 20,350 19,376 22,184 43,370 24,495 2,311 10.42% FY 22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study
20-50-6040 Leave Provision 30,996 26,612 32,203 11,530 46,631 12,504 974 8.45% 20-50-6080 Direct Benefits - Cafeteria 19,019 19,846 19,744 19,846 19,846 19,846 - 0.00% 20-50-6081 Payroll Taxes 4,689 6,855 6,352 7,182 6,539 7,676 494 6.88% FY 22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study
20-50-6082 Direct Benefits 3,796 3,957 3,992 4,090 4,078 4,090 - 0.00% 20-50-6083 Retirement Benefits 139,434 133,166 152,205 152,636 156,353 147,205 (5,431) -3.56% SBCERA reduced required
contributions due to better than
expected investment returns and
reduction to liability related to the
Alameda Decision
20-50-6084 Health and Wellness 44,184 44,891 49,796 51,111 51,227 52,330 1,219 2.38% Assumes medical increase 7%; Dental=
5%; Vision =3%; Life=3%
20-50-6088 ER match 457 2,950 3,263 3,511 3,905 3,959 4,282 377 9.66% FY 22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study
20-50-6090 Disaster Labor 12,825 8,114 9,209 - 922 - - -- 20-50-5175 Chemicals/Filter Material 20,118 16,649 19,700 29,070 27,885 28,880 (190) -0.65% 20-50-5550 Utilities - Gas 1,487 1,487 1,487 1,487 1,476 1,487 - 0.00% 20-50-5560 Utilities - Electric 409,046 499,385 525,753 523,767 511,279 562,426 38,659 7.38% Expected rate increase 20-50-6232 Maintenance - Pump Equip 19,131 6,428 16,395 16,500 16,147 22,900 6,400 38.79% Planned maintenance includes periodic
service of portable generators
20-50-6235 Maintenance - Pressure Valves 29,569 24,194 33,087 28,000 26,971 36,700 8,700 31.07% Planned maintenance includes periodic
service of pressure valves
20-50-6240 Maintenance - Wells 29,636 23,803 12,335 33,400 41,266 38,500 5,100 15.27% Planned maintenance includes periodic
maintenance and repair of well
buildings
20-50-6242 Maintenance - Reservoirs 11,263 24,950 9,300 5,000 2,500 5,000 - 0.00% 20-50-6245 Maintenance - Telemetry 28,177 14,767 12,974 16,000 14,961 16,000 - 0.00% 20-50-6275 Maintenance - Water Treatment 12,182 20,827 11,184 19,800 18,842 14,900 (4,900) -24.75% Reduced appropriations for chlorine
pumps and parts
20-50-6315 Computers and Software 3,251 83 - 2,500 1,535 6,400 3,900 156.00% Computer and iPad life cycle
replacement plan
20-50-6366 Licenses & Permits 2,000 1,900 1,900 2,250 2,250 2,250 - 0.00% 20-50-6370 Rent/Lease Expense 25,413 26,923 24,581 15,595 15,759 16,189 594 3.81% 20-50-6400 Professional Services 27,760 25,583 18,440 27,200 20,496 47,235 20,035 73.66% Certain tests are required every 3
years
20-50-6920 Telephone 4,319 4,535 4,335 4,692 4,293 4,140 (552) -11.76% Sub-total 1,145,473$ 1,235,640$ $ 1,287,705 $ 1,353,964 $ 1,391,591 $ 1,466,193 $ 112,229 8.29% 20-50-8191 Transfer out to Overhead Pool (9,400) (2,554) (19,795) (4,804) (4,804) (4,963) (159) 3.31% Total After Capitalization 1,136,073$ 1,233,086$ $ 1,267,911 $ 1,349,160 $ 1,386,787 $ 1,461,230 $ 112,070 8.31% FISCAL YEAR 2023-24
Schedule 9-2
9-3
Department of Water
Department: Conservation/Public Information
Fund: 20
Department: 51
The DWP manages water demand and loss by promoting water-use efficiency programs, as well as crafting and enforcing policies that prohibit water waste. The Department frequently takes a prominent role in data gathering, writing and editing multiyear planning documents related to water management, efficiency and conservation. To manage water loss, department staff spends considerable time notifying and working with customers to address the sources of such loss. Thorough planning, implementation, tracking and reporting on water use efficiency programs, policies and outcomes are a necessity. Frequent changes in state legislation require continuous research, review and application.
The Conservation Department is responsible for monthly reporting to the State of California and various annual reports to affiliate water organizations as well as ongoing communications, media relations, public presentations, and special events. Additional activities include composing policies and reports, community outreach, website maintenance, conducting residential and commercial consultations and inspections, managing conservation related grant funding, educating customers about water use regulations, processing rebates, and working with local commercial customers to increase irrigation efficiency.
As approved in the Water Conservation Management Plan in 2019, this fiscal year budget incorporates new commercial and institutional incentives that were initially targeted for introduction in fiscal year 2021/22.
The Conservation Department will perform its standard functions as outlined above as well as perform a comprehensive update to all its media and material. The goal of which is to provide DWP customers with updated, packaged messages designed with the intent to continue to promote water conservation.
The Conservation/Public Information Department staff consists of a Water Conservation/ Communications Supervisor and a Water Conservation Specialist.
Bennett Rossell
Water Conservation & Communications Supervisor
Operations Maintenance Conservation/Public Information
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Operations and Maintenance FY 2022-23 FY 2022-23 FY 2023-24 Dept Conservation/Public Information
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted Budget
Total Projected
Proposed
Budget Change % Explanation
20-51-6010 Salaries $ 112,269 $ 121,111 $ 98,216 $ 148,476 $ 139,459 $ 169,471 $ 20,995 14.14% FY 22/23 COLA 7.495%
effective February 2023;
Projected COLA FY 23/24 3%;
Final implementation -
Compensation Study; Expected
Step increases for staff
20-51-6020 Salaries - Overtime 31 - 128 - 134 - - --
20-51-6040 Leave Provision 10,007 10,065 6,506 - 5,021 1,695 1,695 -- 20-51-6080 Direct Benefits - Cafeteria 19,019 19,846 6,615 - - - - -- 20-51-6081 Payroll Taxes 2,395 2,687 2,370 3,123 3,595 3,456 333 10.65% FY 22/23 COLA 7.495%
effective February 2023;
Projected COLA FY 23/24 3%;
Final implementation -
Compensation Study; Expected
Step increases for staff
20-51-6082 Direct Benefits 1,053 500 500 - - - - --
20-51-6083 Retirement Benefits 56,445 55,969 43,921 60,544 54,162 61,163 619 1.02% 20-51-6084 Health and Wellness 26,968 7,026 8,350 31,097 33,270 33,064 1,967 6.32% Assumes medical increase 7%;
Dental= 5%; Vision =3%;
Life=3%
20-51-6086 Retirement Benefits Temp Emp - - - - - - - -- 20-51-6088 ER Match 457 1,242 1,308 945 1,447 1,199 1,672 225 15.54% FY 22/23 COLA 7.495%
effective February 2023;
Projected COLA FY 23/24 3%;
Final implementation -
Compensation Study; Expected
Step increases for staff
20-51-6090 Disaster Labor 4,799 1,939 1,606 - - -
20-51-6110 Supplies 3,258 5,792 1,208 6,687 - 7,062 375 5.61% 20-51-6114 Office Supplies (65) - - - - - - --
20-51-6150 Demand Offset Program 22,587 17,175 23,317 45,600 41,578 45,600 - 0.00% 20-51-6315 Computer Equipment and Software 1,050 3,256 799 1,008 1,958 5,399 4,391 435.62% Computer lifecyle
replacement plan
20-51-6400 Professional Services - - 3,750 160 - 900 740 462.50% Graphic design services for
new printed materials
20-51-6420 Professional Services - Data 4,074 4,278 6,004 9,675 - 10,175 500 5.17% 20-51-6910 Advertising 11,365 14,877 19,306 16,695 15,543 16,145 (550) -3.29% 20-51-6920 Telephone 1,025 1,210 1,115 1,200 1,212 1,320 120 10.00% 20-51-6930 Special Dept Expense 1,977 2,476 5,507 15,327 15,168 16,555 1,228 8.01% Intitiate commercial incentive
programs per Water
Conservation Management
Plan
20-51-6970 Printing 1,410 2,620 38 4,640 2,500 8,700 4,060 87.50% Improvements to printed
brochures provided to
customers
Sub-total $ 280,909 $ 272,135 $ 230,201 $ 345,679 $ 314,797 $ 382,377 $ 36,698 10.62% 20-51-8191 Transfer Out to Overhead Pool - (7,598) - - - - - -- Total After Capitalization $ 280,909 $ 264,537 $ 230,201 $ 345,679 $ 314,797 $ 382,377 $ 36,698 10.62% FISCAL YEAR 2023-24
Schedule 9-4
9-5
Department of Water
Department: Transmission and Distribution
Fund: 20
Department: 55
The Transmission and Distribution Department’s main duty is to maintain and repair the distribution system. The department also performs in-house underground construction projects, new water service installations, snow removal, grading, screening/hauling of materials, facilities/vehicle maintenance, hydrant/valve programs, hydrant flow testing, supports mainline replacement projects, supports the Production/Customer Field Services Department’s special projects, and responds to underground service alerts.
This fiscal year, the department will continue to support pipeline replacement projects with inspection and repairs. The department will also focus on valve exercising & hydrant program. Additionally, the department will install a new pressure relief valve station in Sugarloaf, along with providing support to the Division #9 well drilling, Wolf reservoir pipeline, and 2023 pipeline projects.
The Department is staffed by the Water Distribution Supervisor, two Senior Utility Technicians, and four Utility Technicians.
Jason Beck
Water Distribution Supervisor
OPERATIONS AND MAINTENANCE TRANSMISSION AND DISTRIBUTION (A) (B) (C)=(B)-(A) (C)/(A)
Fund Operations and Maintenance FY 2022-23 FY 2022-23 FY 2023-24 Dept Transmission and Distribution
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted Budget
Total Projected
Proposed
Budget Change % Explanation
20-55-6010 Salaries $ 411,364 $ 433,379 416,744 $ 542,681 $ 507,556 $ 605,508 $ 62,827 11.58% FY 22/23 COLA 7.495% effective February
2023; Projected COLA FY 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff
20-55-6013 Salaries - Disability - - 294 - - - - --
20-55-6020 Salaries - Overtime 28,564 46,494 57,368 57,217 54,627 65,252 8,035 14.04% FY 22/23 COLA 7.495% effective February
2023; Projected COLA FY 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff
20-55-6030 Wages Part-Time 19,704 21,773 16,369 21,147 18,180 - (21,147) -100.00% Eliminated 1 seasonal position; added
1.1 FTEs to Dept 95 - Meters
20-55-6040 Leave Provision 37,105 37,790 42,015 12,032 28,505 13,018 986 8.20% 20-55-6080 Direct Benefits - Cafeteria 19,019 19,846 827 - - - - -- 20-55-6081 Payroll Taxes 9,557 10,419 9,318 11,810 11,360 11,889 79 0.67% FY 22/23 COLA 7.495% effective February
2023; Projected COLA FY 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff;
eliminated 1 seasonal position
20-55-6082 Direct Benefits 4,867 4,500 3,600 4,200 3,700 3,800 (400) -9.52% 20-55-6083 Retirement Benefits 191,433 194,016 195,015 212,320 206,647 202,600 (9,720) -4.58% SBCERA rates reduced from prior year
and turnover in department reduced
pensionable compensation
20-55-6084 Health and Wellness 64,877 79,683 91,294 106,980 98,442 93,627 (13,353) -12.48% Assumes medical increase 7%; Dental=
5%; Vision =3%; Life=3%; change in
demographics reduced expense
20-55-6085 Workers Comp - - - - - - - --
20-55-6086 Retirement Benefits Temp Emp 774 948 708 585 707 - (585) -100.00% Eliminated 1 seasonal position; added
1.1 FTEs to Dept 95 - Meters
20-55-6088 ER Match 457 4,503 5,247 5,074 6,041 5,653 6,723 682 11.30% FY 22/23 COLA 7.495% effective February
2023; Projected COLA Fy 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff
20-55-6090 Disaster Labor 15,233 9,126 12,196 - 1,200 - - -- 20-55-6140 Basic Materials 58,943 20,952 25,597 42,793 36,599 38,493 (4,300) -10.05% 20-55-6141 Change in inventory 66,752 58,478 132,303 - - - -- 20-55-6215 Maintenance - Hydrants 6,366 14,502 6,314 11,757 12,464 14,508 2,751 23.40% Material price increases 20-55-6250 Maintenance - Mains And Svcs 43,904 62,732 100,754 82,609 70,433 100,137 17,528 21.22% Material price increases 20-55-6315 Computer Equipment & Software 252 3,391 - 1,200 2,533 6,800 5,600 466.67% Computer and iPad lifecycle replacement
plan
- - - - - - --
20-55-6375 Rents And Leases - Equipment 343 52 55 - 55 - - -- 20-55-6395 Disaster Materials & Supplies - - - - - - -- 20-55-6920 Telephone 1,370 1,356 1,368 1,920 1,813 1,920 - 0.00% Sub-total $ 984,930 $ 1,024,684 $ 1,117,214 $ 1,115,292 $ 1,060,474 $ 1,164,275 $ 48,983 4.39% 20-55-8191 Transfer Out to Overhead Pool (132,363) (93,896) (110,461) (73,249) (73,781) (37,260) 35,989 -49.13% Decrease in scope and complexity of
construction projects
Total After Capitalization $ 852,567 $ 930,788 $ 1,006,753 $ 1,042,043 $ 986,693 $ 1,127,015 $ 84,972 8.15% Fiscal Year 2022-23 Schedule 9-6
9-7
Department of Water
Department: Customer Field Service
Fund: 20
Department: 95
The Customer Field Service Department (Meter Department) duties include meter reading, meter maintenance, troubleshooting, turn-on/off, lock-off/unlocks, door tags, check reads, and significant leak investigations. During calendar year 2022, 2,657 customer leaks were detected. The Department will continue to maintain the Sensus radio read meters. With the completion of the Radio Meter Program the Department will focus on replacing outdated Hersey Radio Meters and work to improve water meter radio communication signals throughout the Service Area. The Department continues to implement the new Cityworks program, and an air valve maintenance program.
The Customer Field Service Department is currently staffed with a Customer Field Supervisor and seven Water Meter Technicians.
John Gross
Customer Field Supervisor
Operations and Maintenance Customer Field Services
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Operations and Maintenance FY 2022-23 FY 2022-23 FY 2023-24 Dept Customer Field Service
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
20-95-6010 Salaries $ 342,599 $ 373,711 $ 399,223 $ 492,037 $ 474,458 $ 587,668 $ 95,631 19.44% Increase headcount 1.1 FTEs; FY
22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study; Expected
Step increases for staff
20-95-6013 Salaries - Disability - - - 3,355 - - --
20-95-6020 Salaries - Overtime 32,457 26,657 26,743 29,009 24,192 18,586 (10,423) -35.93% Increase headcount 1.1 FTEs; FY
22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study; Expected
Step increases for staff
20-95-6030 Wages Part-Time 19,058 20,550 720 21,147 18,081 - (21,147) -100.00% Eliminated 1 seasonal position;
added 1.1 FTE to Dept 95 - Meters
20-95-6040 Leave Provision 30,561 37,570 44,404 8,555 44,319 8,137 (418) -4.89% 20-95-6080 Direct Benefits - Cafeteria 19,019 19,846 19,846 19,846 19,846 19,846 - 0.00% 20-95-6081 Payroll Taxes 8,135 8,680 8,398 10,362 9,385 11,075 713 6.88% Increase headcount 1.1 FTEs; FY
22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study; Expected
Step increases for staff
20-95-6082 Direct Benefits 5,252 4,335 4,300 4,300 4,300 3,700 (600) -13.95% 20-95-6083 Retirement Benefits 165,814 172,530 202,786 210,213 213,338 210,936 723 0.34% SBCERA rates reduced from prior
year and turnover in department
reduced pensionable
compensation; offset by
comensation increases; offset by
increase in headcount
20-95-6084 Health and Wellness 76,487 74,975 74,798 81,030 74,379 75,163 (5,867) -7.24% Retirement reduced health costs;
Assumes medical increase 7%;
Dental= 5%; Vision =3%; Life=3%
20-95-6085 Wages: Workers' Compensation - - - - - - - -- 20-95-6086 Retirement Benefits Temp Emp 740 860 27 585 705 - (585) -100.00% Eliminated 1 seasonal position;
added 2 FTEs to Dept 95 - Meters
20-95-6088 ER Match 457 4,179 4,447 4,799 5,302 4,964 6,094 792 14.93% Increase headcount 1.1 FTEs; FY
22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study; Expected
Step increases for staff
20-95-6090 Disaster Labor 15,376 11,672 13,422 - 2,775 - - -- 20-95-6256 Maintenance - Meters 23,953 22,364 5,320 34,220 22,767 24,880 (9,340) -27.29% Sufficient supplies in inventory 20-95-6258 Maintenance-Hardware/Software 29,547 37,566 30,324 30,644 30,644 32,510 1,866 6.09% 20-95-6315 Computer Equipment and Software 1,619 42 2,736 1,250 3,809 9,600 8,350 668.00% Computer and iPad Life cycle
replacement plan
20-95-6920 Telephone 3,628 3,640 3,862 4,800 4,649 4,800 - 0.00% Sub-total $ 778,424 $ 819,445 $ 841,709 $ 953,300 $ 955,966 $ 1,012,995 $ 59,695 6.26% 20-95-8191 Transfer out to Overhead Pool (83,735) (37,570) (6,740) (48,442) (48,442) (24,587) 23,855 -49.24% Based upon current trends Total After Capitalization $ 694,689 $ 781,875 $ 834,969 $ 904,858 $ 907,525 $ 988,408 $ 83,550 9.23% FISCAL YEAR 2023-24
Schedule 9-8
9-9
Department of Water
Department: Water Operations
Fund: 20
Department: 59
The Water Operations Department captures costs that are related to general field operations such as fuel, uniform services, certifications, permits/licenses, vehicle maintenance, backflow prevention compliance, and more.
In FY 2023/24, the staff of Water Operations will be focused on supporting the general operations and maintenance of the water facilities, construction management, interagency coordination, line locating and more. The Water Operations Department is also responsible for backflow prevention, construction observation of capital improvement projects and materials inventory. Water Operations inputs and maintains data for ESRI GIS software for the water system atlas maps, continues to support Pipeline Replacement Projects, Wolf Reservoir and Booster Replacement Project, Division 9 Well drilling, Division Well #6 building replacement, and next phase of Cityworks.
Staffing for the Water Operations Department includes the Water Superintendent, Senior Water Operations Technician, Senior Purchaser/Construction Inspector, and the Utility Data Specialist.
Danny Ent
Water Superintendent
Operations and Maintenance Water Operations
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Operations and Maintenance FY 2022-23 FY 2022-23 FY 2023-24 Dept Water Operations
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
20-59-6010 Salaries 304,433$ 273,581$ $ 310,643 $ 376,612 $ 353,062 442,420 $ 65,808 17.47% FY 22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study; Expected Step
increases for staff
20-59-6013 Disability Labor - - - - - --
20-59-6020 Overtime 15,866 20,988 15,900 17,636 12,379 19,906 2,270 12.87% FY 22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study; Expected Step
increases for staff
20-59-6030 Part Time - - - - - --
20-59-6040 Leave Provision 31,281 33,212 13,325 - 36,900 13,273 13,273 -- 20-59-6060 Auto Allowance - - - - - - - --
20-59-6080 Direct Benefits -Cafeteria 19,019 19,846 19,846 19,846 19,846 19,846 - 0.00% 20-59-6081 Payroll Taxes 6,277 7,167 6,474 7,295 6,582 8,221 926 12.69% FY 22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study; Expected Step
increases for staff
20-59-6082 Direct Benefits 5,453 2,500 3,000 2,600 3,100 2,600 - 0.00% 20-59-6083 Retirement Benefits 140,810 135,087 153,674 158,655 167,554 167,680 9,025 5.69% SBCERA rates reduced from prior year
and turnover in department reduced
pensionable compensation; offset by
comensation increases
20-59-6084 Health and Wellness 46,165 44,517 44,737 51,238 54,637 62,788 11,550 22.54% Assumes medical increase 7%; Dental=
5%; Vision =3%; Life=3%
20-59-6088 ER match 457 3,370 4,025 3,652 3,861 3,953 4,654 793 20.54% FY 22/23 COLA 7.495% effective
February 2023; Projected COLA FY
23/24 3%; Final implementation -
Compensation Study; Expected Step
increases for staff
20-59-6090 Disaster Labor 11,600 2,570 11,306 - 1,194 - - -- 20-59-6114 Office Supplies 422 1,536 1,139 1,200 799 1,200 - 0.00% 20-59-6130 Safety Supplies 8,519 5,991 27,587 11,800 7,919 11,956 156 1.32% Expected price increases 20-59-6140 Basic Materials - 97,775 81,669 - - - - --
20-59-6180 Small Tools 18,886 27,494 25,163 24,600 22,967 26,600 2,000 8.13% Expected price increases 20-59-6225 Maintenance - Atlas Maps - 73 - - - - - --
20-59-6258 Maintenance - Hardware Software 9,599 16,180 30,451 38,129 35,033 41,790 3,661 9.60% 20-59-6286 Vehicle Maintenance 33,259 20,968 30,992 33,000 36,657 40,000 7,000 21.21% Expected price increases 20-59-6315 Computer Equipment and Software 6,862 2,640 3,131 5,000 - 8,800 3,800 76.00% Computer and iPad lifecycle
replacement plan
20-59-6329 Communications - Radio 199 1,339 3,641 3,540 1,578 3,800 260 7.34% 20-59-6330 Contractual Services 1,205 650 650 673 - 690 17 2.53% 20-59-6336 Medical Exams 641 1,898 315 1,980 1,449 2,150 170 8.59% 20-59-6338 Clothing And Personal Equip 1,828 5,464 4,506 11,100 8,654 11,360 260 2.34% 20-59-6339 Laundry 17,903 17,480 18,506 19,800 17,075 19,800 - 0.00% 20-59-6355 Travel-Conferences And Meetings 2,784 - 2,762 19,500 8,331 16,550 (2,950) -15.13% 20-59-6360 Automotive Expense 16,885 26,111 36,512 32,200 32,484 34,100 1,900 5.90% 20-59-6362 Fuel 56,403 50,334 71,782 60,000 88,635 86,000 26,000 43.33% Increase in gas and diesel prices 20-59-6364 Mileage - - - - - - - --
20-59-6366 Licenses & Permits 55,090 59,311 78,661 70,415 74,794 73,568 3,153 4.48% 20-59-6395 Disaster Supplies/Services - - - - - - - --
20-59-6398 Accidents And Damage (19,100) 5,424 10,359 7,200 4,735 7,600 400 5.56% 20-59-6400 Professional Services 1,603 9,010 31,962 - - - - -- 20-59-6420 Professional Services - Data Internet - - - - - 49,059 49,059 -- Allocated proportional share of IT
support services based upon office/field
ratio
20-59-6920 Telephone 3,511 3,346 3,084 4,080 3,713 8,400 4,320 105.88% Additional stipends for personal cell
phone used for DWP purposes
20-59-6926 Education / Training 1,329 2,780 5,173 21,830 13,378 21,640 (190) -0.87% 20-59-6930 Special Department Expense 379 - 356 - - - - -- 20-59-6970 Printing 1,241 1,279 1,165 1,600 - 1,800 200 12.50% 20-59-9299 Developer Services - - - - - - - --
Sub-total 803,722$ 900,576$ $ 1,052,123 $ 1,005,390 $ 1,017,408 $ 1,208,251 $ 202,861 20.18% 20-59-8191 Transfer Out to Overhead Pool (82,490) (107,841) (77,971) (128,381) $ (128,381) (96,513) 31,868 -24.8% Decrease in scope and complexity of
construction projects
Total After Capitalization 721,232$ 792,735$ $ 974,153 $ 877,009 $ 889,027 $ 1,111,738 $ 234,729 26.8% FISCAL YEAR 2023-24
Schedule 9-10
9-11
Department of Water
Department: Customer Accounts
Fund: 20
Department: 90
The Customer Accounts Department provides customer service for over 15,900 water connections. The Department consists of the Customer Service Section and the Accounting Section and provides customer service, billing, daily deposits, accounts payable, payroll, inventory management, radio read meter monitoring, leak detection, and general accounting services.
The Customer Service Section is staffed with a Customer Service Supervisor, one Senior Customer Service Representative, and three Customer Service Representatives.
The Customer Service Section performs a variety of clerical duties, including but not limited to, responding to customers’ inquiries, including requests for new service, processing the mail and all cash receipts, creating field tickets, generating delinquency lists, working closely with the Conservation Department and the Accounting Section, and implementing the various programs offered by the DWP.
They provide telephone and email support, offer support to all departments, monitor the two-way radio, and dispatch customer service requests to Customer Field Service.
The Accounting Section is staffed with an Accounting Supervisor, an Accounting Specialist, a Utility Billing Specialist, and an Accounting Assistant.
The Accounting Section includes billing, accounts payable, payroll, inventory management, and general accounting functions. The Utility Billing Specialist works closely with all other departments by processing meter reads, scheduling meter reading and field activities, inputting meter exchanges, opening and closing customer accounts, and processing bills for utility services. The Accounting Assistant processes purchase orders and accounts payable, inputs journal entries, and provides backup support to the Utility Billing Specialist. The Accounting Specialist performs a range of functions including journal entry preparation, reconciliations, payroll preparation, and asset accounting support. The Accounting Supervisor performs a variety of tasks, including but not limited to, supervision of staff, providing general accounting support, processing payroll, and inventory management.
In FY 2023/24, the Customer Accounts Department will focus on continuing to increase remote and/or electronic customer engagement, including fillable forms on the website, increased adoption of e-billing, and links for FAQs to assist customers on the website. In addition, the department will continue to work to expand report writing capability and to utilize the Tyler Content Management module to scan documents into the software to allow easy access to necessary documents. The department will continue to focus on ways to increase efficiency by use of new technology and simplifying processes without compromising controls.
Kelle Barrette, Customer Service Supervisor
Kimberly Hauer, Accounting Supervisor
Operations and Maintenance Customer Accounts
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Operations and Maintenance FY 2022-23 FY 2022-23 FY 2023-24 Dept Customer Accounts
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted Budget
Total Projected
Proposed
Budget Change % Explanation
20-90-6010 Salaries $ 485,902 $ 480,711 $ 530,036 $ 642,102 $ 647,878 $ 800,053 $ 157,951 24.60% FY 22/23 COLA 7.495% effective February
2023; Projected COLA FY 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff; Accounting
position previously budgeted in Dept 98 -
Administration transferred to Dept 90 -
Customer Accounts
20-90-6013 Salaries - Disability - 1,081 - 1,851 - - -- 20-90-6020 Salaries - Overtime 21,402 1,626 1,799 1,573 1,487 1,022 (551) -35.03% 20-90-6030 Wages Part-Time 19,889 - 446 - - - - --
20-90-6040 Leave Provision 35,353 39,501 46,884 10,668 $ 44,922 11,601 933 8.75% FY 22/23 COLA 7.495% effective February
2023; Projected COLA FY 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff; Accounting
position previously budgeted in Dept 98 -
Administration transferred to Dept 90 -
Customer Accounts
20-90-6080 Direct Benefits - Cafeteria 19,019 19,846 19,846 19,846 19,846 19,846 - 0.00% 20-90-6081 Payroll Taxes 10,442 9,978 10,364 12,086 12,816 14,476 2,390 19.77% FY 22/23 COLA 7.495% effective February
2023; Projected COLA FY 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff; Accounting
position previously budgeted in Dept 98 -
Administration transferred to Dept 90 -
Customer Accounts
20-90-6082 Direct Benefits 4,493 3,892 3,892 3,890 3,698 3,390 (500) -12.85% staffing turnover 20-90-6083 Retirement Benefits 208,045 204,594 238,471 242,651 266,432 258,816 16,165 6.66% SBCERA reduced required contributions due
to better than expected investment returns
and reduction to liability related to the
Alameda Decision
20-90-6084 Health and Wellness 97,811 93,244 72,333 76,741 76,681 81,288 4,547 5.93% Assumes medical increase 7%; Dental= 5%;
Vision =3%; Life=3%
20-90-6086 Retirement Benefits - Temp EE 713 - 17 - - - - -- 20-90-6088 ER Match 457 5,400 5,370 5,869 6,490 6,973 7,994 1,504 23.18% FY 22/23 COLA 7.495% effective February
2023; Projected COLA FY 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff; Accounting
position previously budgeted in Dept 98 -
Administration transferred to Dept 90 -
Customer Accounts
20-90-6090 Disaster Labor 16,862 17,472 15,853 - 1,745 - - -- 20-90-6114 Office Supplies - - - - - - - --
20-90-6230 Maintenance - Equipment 260 - - 400 - - (400) -100.00% Replace remittance scanner; first year
maintence included in purchase
20-90-6258 Maintenance-Hardware/Software 23,387 17,139 36,462 41,725 41,026 44,676 2,951 7.07% Annual escalation Tyler/Incode 20-90-6312 Office Equipment - - - - - 2,600 2,600 -- Replace remittance scanner 20-90-6315 Computer Equip And Software 14,884 4,241 2,181 10,400 13,700 4,000 (6,400) -61.54% Computer lifecycle replacement plan 20-90-6320 Postage Charges 53,235 41,771 43,925 47,600 47,054 47,200 (400) -0.84% 20-90-6330 Contractual Services 10,592 11,676 11,716 7,790 7,591 7,790 - 0.00% 20-90-6335 Bank Charges and Misc. Fees 87,622 122,691 106,591 118,000 118,433 168,800 50,800 43.05% Increase in Tyler Customer Payment Portal
Fees from $0.85 per transaction to $1.60 per
transaction
20-90-6370 Rent/Lease Expense 293 - - - - - - --
20-90-6705 Bad Debt Expense 12,889 10,278 12,359 17,000 12,337 17,000 - 0.00% 20-90-6720 Customer Deposit - Int Paid 16 - 5 10 6 25 15 150.00% Increase in interest rates 20-90-6920 Telephone 212 - 135 - 180 1,080 1,080 -- Cell phone stipends - 2 employees 20-90-6930 Special Department Expense 212 - - - 34 - - -- 20-90-6970 Printing 11,631 8,397 9,299 9,630 7,930 8,828 (802) -8.33% Sub-total $ 1,140,352 $ 1,093,349 $ 1,169,564 $ 1,268,602 $ 1,332,620 $ 1,500,485 $ 231,883 18.28% 20-90-8191 Transfer Out to Overhead Pool (1,537) (272) - - - - - -- Total After Capitalization $ 1,138,815 $ 1,093,077 $ 1,169,564 $ 1,268,602 $ 1,332,620 $ 1,500,485 $ 231,883 18.28% FISCAL YEAR 2023-24
Schedule 9-12
9-13
Department of Water
Department: Administration
Fund: 20
Department: 98
The Administration Department provides administrative support to all departments.
Administrative duties of this department include employee relations, strategic visioning, goal setting, managing investments, debt administration, rate-setting, and overall financial and budgetary oversight. The Administration Department plays a vital role in planning, leadership, organization, designing facilities, asset accounting and management to continue providing our current and future customers with a safe, efficient, and sufficient supply of potable water.
In FY 2023/24, Administration staff will continue its efforts in converting to electronic documents. Administration staff will continue seeking grants and low-interest loans, compiling data for regulatory reporting, overseeing infrastructure projects, and improving the efficiency of operations.
Administration Staff includes the General Manager, the Chief Financial Officer, the Human Resources Administrator, and the Management Analyst/Board Secretary.
Danielle D. McGee
Chief Financial Officer
Operations and Maintenance Administration
(A) (B) (C)=(B)-(A) (C)/(A)
Fund Operations and Maintenance FY 2022-23 FY 2022-23 FY 2023-24 Dept Administration
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted Budget
Total Projected
Proposed
Budget Change % Explanation
20-98-6010 Salaries $ 587,866 $ 550,704 $ 592,791 $ 769,140 $ 748,817 $ 718,598 $ (50,542) -6.57% FY 22/23 COLA 7.495% effective February
2023; Projected COLA FY 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff; Accounting
position previously budgeted in Dept 98 -
Administration transferred to Dept 90 -
Customer Accounts
20-98-6013 Salaries - Disability - - 2,204 - 6,462 - - -- 20-98-6020 Salaries - Overtime - - - - (77) - - --
20-98-6030 Wages Part-Time - 572 5,571 - - - - --
20-98-6040 Leave Accrual 53,515 56,935 67,223 17,572 75,118 18,936 1,364 7.76% 20-98-6080 Direct Benefits - Cafeteria 38,367 43,568 44,797 46,714 48,013 33,586 (13,128) -28.10% Staff turnover permanently eliminated 1
cafeteria allowance
20-98-6081 Payroll Taxes 11,757 10,711 11,980 13,964 11,110 12,859 (1,105) -7.91% FY 22/23 COLA 7.495% effective February
2023; Projected COLA FY 23/24 3%; Final
implementation - Compensation Study;
Expected Step increases for staff; Accounting
position previously budgeted in Dept 98 -
Administration transferred to Dept 90 -
Customer Accounts
20-98-6082 Direct Benefits - - - - - - - --
20-98-6083 Retirement Benefits 273,271 263,743 302,068 328,595 356,179 259,595 (69,000) -21.00% SBCERA reduced required contributions due
to better than expected investment returns
and reduction to liability related to the
Alameda Decision; Accounting position
previously budgeted in Dept 98 -
Administration transferred to Dept 90 -
Customer Accounts
20-98-6084 Health and Wellness 22,779 15,650 10,332 25,573 51,792 43,491 17,918 70.07% Projected benefits for new CFO; assumes
medical increase 7%; Dental= 5%; Vision =3%;
Life=3%
20-98-6086 Retirement Benefits Temps 1,477 878 1,235 1,125 1,106 1,125 - 0.00% 20-98-6088 457 Match 8,580 9,768 10,505 12,190 11,458 12,011 (179) -1.47% 20-98-6090 Disaster Labor 14,734 11,894 8,866 - 3,790 - - -- 20-98-6114 Office Supplies 33,584 13,992 12,782 14,842 9,736 15,282 440 2.96% 20-98-6220 Maintenance-Buildings And Grounds 21,507 27,403 21,534 24,150 24,398 24,100 (50) -0.21% 20-98-6230 Maintenance - Equipment 2,003 3,056 2,517 3,140 2,762 5,080 1,940 61.78% Increase in maintenance fees for phone
system
20-98-6258 Maintenance-Hardware/Software 45,239 32,260 36,937 34,333 36,016 37,348 3,015 8.78% Annual escalation Tyler/Incode software
maintenance
20-98-6312 Office Equipment - - 2,567 - - - - --
20-98-6315 Computer Equip And Software 18,353 29,480 16,354 16,655 21,645 20,296 3,641 21.86% Computer Lifecycle Replacement Plan 20-98-6320 Postage Charges 10,231 7,630 10,134 17,940 24,213 12,640 (5,300) -29.54% Prior year funding included Prop 218 Notice
mailing
20-98-6325 Utilities - Gas 8,145 8,595 9,276 10,420 11,197 15,000 4,580 43.95% Based upon current trends 20-98-6326 Utilities - Electric 11,393 13,695 16,799 15,840 17,181 18,000 2,160 13.64% Based upon current trends FISCAL YEAR 2023-24 Schedule 9-14
Operations and Maintenance Administration
Fund Operations and Maintenance FY 2022-23 FY 2022-23 FY 2023-24 Dept Administration
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted Budget
Total Projected
Proposed
Budget Change % Explanation
20-98-6330 Contractual Services 18,789 19,127 30,007 20,192 20,106 22,964 2,772 13.73% Increase in fees for security systems 20-98-6335 Bank Charges and Misc. Fees 30,888 27,384 26,848 30,000 27,471 30,000 - 0.00% 20-98-6336 Medical Exams 363 990 303 740 350 2,625 1,885 254.73% Periodic hearing tests 20-98-6338 Clothing And Personal Equipt 1,154 1,893 1,405 3,525 2,918 3,725 200 5.67% 20-98-6355 Travel-Conferences And Meeting 6,503 21 3,393 11,600 9,345 15,650 4,050 34.91% Board member conferences; skills courses
for new staff
20-98-6375 Rents And Leases - Equipment 15,613 15,556 15,886 16,496 15,883 16,851 355 2.15% 20-98-6386 Insurance 363,602 352,428 368,877 401,500 332,000 387,100 (14,400) -3.59% Based upon current trends; prior year was
over estimated
20-98-6395 Disaster Supplies/Services 3,644 38,699 871 - - - - -- 20-98-6399 Interagency Support - - - 3,000 3,000 3,000 - 0.00% 20-98-6400 Professional Services 47,187 5,839 19,883 115,000 104,266 - (115,000) -100.00% Prior year funding included costs for Rate
and Fee Studies
20-98-6405 Professional Services - Personnel & Safety 30,185 21,825 17,622 19,868 106,344 16,705 (3,163) -15.92% 20-98-6420 Professional Services - Data/Internet 75,426 72,379 82,467 89,713 88,675 51,024 (38,689) -43.13% IT support for Water Operations accounted
for in Dept 59
20-98-6480 Prof Svcs - Audit 4,403 5,620 6,020 10,000 4,000 12,500 2,500 25.00% Additional reporting if new debt is issued 20-98-6485 Professional Services - Legal 53,487 28,941 16,829 33,500 39,040 30,000 (3,500) -10.45% Prior budget included legal review of Rate
study and 218 notice
20-98-6500 Interest Expense - - 1,108 - 1,075 - - --
20-98-6910 Advertising 2,554 7,570 6,594 4,300 3,079 4,645 345 8.02% 20-98-6920 Telephone 16,806 16,111 16,470 16,380 16,000 16,620 240 1.47% 20-98-6926 Education / Training 7,389 4,916 3,002 15,841 4,740 18,015 2,174 13.72% Software Training for New Accounting Staff 20-98-6927 Memberships, Dues and Subscriptions 10,091 11,731 11,309 9,409 9,594 12,491 3,082 32.76% Fee increases AWWA & CalWEP; new
membership California Rural Water Assoc
membership - provides specialized training
opportunities
20-98-6930 Special Dept Expense 19,057 14,703 18,494 22,644 21,303 27,618 4,974 21.97% Shredding services - catch-up from prior year
shredding
20-98-6962 Board Expense - - - 2,500 - 2,500 - 0.00%
20-98-6970 Printing 2,722 132 647 2,375 6,500 550 (1,825) -76.84% Prior year funding included costs for Prop
218 Notice
20-98-6996 Property Taxes 208 - - - - --
Sub-total $ 1,872,664 $ 1,746,605 $ 1,834,508 $ 2,180,776 $ 2,276,606 $ 1,922,530 $ (258,246) -11.84% 20-98-8191 Transfer Out to Overhead Pool (105,486) (75,497) (52,784) (85,872) (35,000) (90,177) (4,305) 5.01% Total After Capitalization $ 1,767,178 $ 1,671,108 $ 1,781,724 $ 2,094,904 $ 2,241,606 $ 1,832,353 $ (262,551) -12.53% FISCAL YEAR 2023-24 Schedule 9-14
9-15
Department of Water
Department: Overhead Allocation Pool
Fund: 20
Departments: 50-98
In FY 2008/09, the DWP adopted an accounting practice whereby direct and indirect costs may be capitalized as they are attributable to capital and system rehabilitation projects. The purpose of capitalizing direct and indirect costs is to ensure that capital asset costs are fairly stated on the DWP’s Statement of Net Position. Staff can manage construction projects efficiently and at a lower unit cost than consultants because of their familiarity with DWP’s facilities. Actual project costing is calculated using timesheet data and the fully burdened costs are applied to each project. The overhead allocation pool for FY 2023/24 anticipates on-going staff efforts to support the Wolf Reservoir/Booster, the Pontell Hydropneumatic System Project, evaluations of existing reservoirs, pipeline replacement projects, meter replacements, and other construction projects.
Danielle D. McGee
Chief Financial Officer
Operations Maintenance Overhead Allocation Pool
FY 2022-23 FY 2022-23 FY 2023-24
Dept Overhead Allocation Pool
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
20-50-8191 Direct Labor - Dept 50 $ 9,400 $ 2,554 $ 19,795 $ 4,804 4,804 $ 4,963 $ 159 3.31% Based upon expected effort 20-51-8191 Direct Labor - Dept 51 - 7,598 - - - - - --
20-55-8191 Direct Labor - Dept 55 132,363 93,896 110,461 73,249 73,781 37,260 (35,989) -49.13% Based upon expected effort 20-59-8191 Direct Labor - Dept 59 82,490 107,841 77,971 128,381 128,381 96,513 (31,868) -24.82% Based upon expected effort 20-90-8191 Direct Labor - Dept 90 1,537 272 - - - - - -- 20-95-8191 Direct Labor - Dept 95 83,735 37,570 6,740 48,442 48,442 24,587 (23,855) -49.24% Based upon expected effort 20-98-8191 Direct Labor - Dept 98 105,486 75,497 52,784 85,872 35,000 90,177 4,305 5.01% Based upon expected effort Total $ 415,011 $ 325,228 $ 267,750 $ 340,748 $ 290,408 $ 253,500 $ (87,248) -25.60% Based upon expected effort FISCAL YEAR 2023-24
Schedule 9-16
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
$10,000,000
Gross Operations and Maintenance Expenses
Administration
Customer Accounts
Water Operations
Customer Field Service
Transmission & Distribution
Conservation/Public Information
Water Production
Fiscal Year 2023-24 Schedule 9-17
10-1
Department of Water
Department: General Plant: Vehicles, Equipment and Facilities Improvements Fund: 10
Department: 59 and 98
In FY 2023/24, contingent upon approval from the Board, site grading and fencing is expected to commence on the northern portion of the Garstin Yard, and the Garstin Water Operations Center will be designed.
General Plant has no FTEs. Efforts related to vehicle and grounds maintenance are incorporated in the total FTE count.
Danielle D. McGee
Chief Financial Officer
General Plant and Equipment Fund
(A) (B) (C)=(B)-(A) (C)/(A)
Fund General Plant FY 2022-23 FY 2022-23 FY 2023-24
FY 2019-20
Actual
FY 2020-21
Actual
FY 2021-22
Actual
Adopted
Budget Total Projected
Proposed
Budget Change % Explanation
10-00-6603 (gain) loss on disposal of assets $ 47,584 $ 232,260 $ 174,904 $ - $ - $ - $ - -- 10-59-9905 Machinery and Equipment 166,195 139,545 94,289 130,000 324,786 - (130,000) -100.00% 10-98-9905 Machinery and Equipment 7,992 4,950 84,075 8,228 10,905 - (8,228) -100.00% 10-98-9910 Capital Outlay - Software 72,512 53,028 50,700 - 37,145 - - -- 10-98-9915 Capital Outlay - Office Yard Improvements 73,794 4,900 450,000 4,850 100,000 (350,000) -77.78% Northern site grading and fencing - Garstin Total $ 294,283 $ 503,577 $ 408,868 $ 588,228 $ 377,686 $ 100,000 $ (488,228) -83.00% FISCAL YEAR 2023-24
Schedule 10-2
Description Justification Expected Cost
Northern site grading and fencing - Garstin
Water Operations Center upgrade for
safety of staff and equipment 100,000
Capital Outlay - General Plant $ 100,000
Proposed Equipment Purchases and Projects
FISCAL YEAR 2023-24 Schedule 10-3
2022 Type Year VEHICLES DATE IDENTIFICATION # LIC. # # # HOURS Price Replacement Cost PUR. FUEL TRUCK MILEAGE Purchased 2019
Useful
Life in
years Age
% Estimated
of Useful
Life in years
Replacement
Cost Vehicles >
125% of EUL
light
commercial 2001 Ford F-250 12/00 1FTNX21S51EB48033 1087910 99609 01P01 107,483 28,013 40,000 10 21 210% 40,000 light
commercial 2001 Chev 2500 2/01 1GCHK29U91E255216 1057408 99604 01P02 98,111 30,286 40,000 10 21 210% 40,000 medium
commercial 2004 Ford F-550 4/04 1FDAF57P44EC70064 1181456 99794 04P02 117,226 45,374 78,000 10 18 180% 78,000 light
commercial 2005 Ford F-250 1/05 1FTSX21Y25EB57673 1207173 99799 05P01 112,794 24,410 40,000 10 17 170% 40,000 light
commercial 2006 Ford Ranger 10/05 1FTZR45E26PA17181 1225356 99601 06P01 88,285 20,541 37,000 10 16 160% 37,000 passenger
vehicle 2007 Ford Explorer 10/07 1FMEU73E27UA57874 1256860 99796 07E01 78,030 24,815 31,000 10 15 150% 31,000 light
commercial 2011 Ford F-350 2/11 1FT8X3B63BEB57867 1355811 99625 11P01 131,612 33,718 55,000 10 11 1.1 - light
commercial 2011 Ford F-350 Flatbed 2/11 1FTRF3B62BEB57866 1358705 99626 11P02 26,455 38,068 50,000 10 11 1.1 - light
commercial 2014 Ford F-150 11/14 1FTFX1EF8EKF78559 1444991 99627 14P01 68,300 26,400 37,000 10 8 0.8 - medium
commercial 2015 Ford F-550 (price w/o 08 utility bed) 3/15 1FDOW5HT9FEC82172 1468800 99701 15P01 43,458 49,364 78,000 10 7 0.7 - light
commercial 2016 Chev 1500 11/15 1GCVKNEC9GZ113399 1455620 99801 16PO1 87,950 33,400 38,000 10 7 0.7 - light
commercial 2016 Chev 1500 11/15 1GCVKNEC0GZ108544 1455619 99802 16P02 35,276 33,400 38,000 10 6 0.6 - light
commercial 2016 Chev 1500 11/15 1GCVKNEC7GZ113529 1455621 99803 16P03 54,093 33,400 38,000 10 4 0.4 - light
commercial 2017 Chev 1500 2/17 1GCVKNEC9HZ215612 1234578 99804 17P01 45,257 36,869 38,000 10 5 0.5 - light
commercial 2017 Chev 2500 3/17 1GC2KUEG9HZ218476 1516533 99805 17P02 51,125 44,716 55,000 10 5 0.5 - light
commercial 2017 Ram 1500 7/17 1C6RR7FTOHS820660 1524467 99806 17P03 57,764 35,763 38,000 10 5 0.5 - medium
commercial 2018 Ford F-550 (with utility bed) 3/18 1FDOW5HT5JEB31709 1410654 99628 18P01 21,452 77,158 78,000 10 2 0.2 - passenger
vehicle 2019 Chev Traverse SUV 9/18 1GNEVLKW4KJ143788 1402083 99807 19SUV1 6,447 30,459 31,000 10 1 0.1 - light
commercial 2019 Ford F-250 10/18 1FT7W2B65KEC61091 1520664 99811 19P01 11,966 39,120 40,000 10 1 0.1 - light
commercial 2019 Ford F-250 10/18 1FT7W2B67KEC61090 1520671 99810 19P02 13,798 39,120 40,000 10 4 0.4 - light
commercial 2019 Ford F-250 10/18 1FT7W2B67KEC61089 1520663 99809 19P03 19,427 38,795 40,000 10 4 0.4 - light
commercial 2020 Chev 2500 10/20 1GC5YNE70LF266296 1585395 99607 20P01 21,394 51,200 52,000 10 2 0.2 - passenger
vehicle 2020 Chev Traverse SUV 9/20 1GNEVGKW2LJ283962 1508669 99394 20SUV1 772 38,920 39,000 10 0 0 - light
commercial 2021 Chev Colorado 10/20 1GCGTCEN1M1116853 1508677 99611 21P01 2,922 39,054 40,000 10 0 0 - Sub Total $ 892,363 $ 1,091,000 $ 266,000
DEPARTMENT OF WATER & POWER VEHICLE LIST
10-4
Backhoe 2008 Case 580K 6/08 N8C504673 598733 99608 08BH01 3,588 84,967 $ 103,000 20 14 70% - Backhoe 1998 Case 580SL 10/98 JJG0267836 1024063 99797 98BH01 4,924 62,064 $ 103,000 20 24 120% - Backhoe 2014 John Deere 310SK 9/14 1T0310SKLEE268653 1234579 99800 14BH01 1,669 88,500 $ 103,000 20 8 40% - Backhoe 2023 Case 580SN WT 3/23 JJGN58WTEPC782241 23BH01 8 144,425 144,425 Boring
Machine
Trailer 2001 Carson 5/01 4HSXUO8191C033055 1086136 N/A N/A N/A 1,115 2,000 20 17 85% - Cement mixer 1990 Stone 5/90 30017 453722 N/A N/A N/A 1,943 3,000 20 28 140% 3,000 Chlorine
Trailer 1995 Wells Cargo 10/95 1WC200D14S4023396 E952284 N/A N/A N/A 12,000 25,000 15 23 153% 25,000 Crane truck 1995 Chev (heavy commercial) 6/01 1GBM7H1J1SJ101116 1096620 99605 95C1 15,338 61,648 105,000 30 23 77% - Dump truck 1990 Chev Kodiak Dump Truck (Heavy) 4/90 1GBM7HIJILJ201251 114143 99619 90DT1 41,610 41,102 135,000 25 28 112% - Dump truck 2018 Peterbilt Dump Truck (Heavy) 8/17 2NP2HJ7X1JM466110 1528839 99600 18DT1 9,397 127,824 135,000 25 1 4% - Dump truck 2020 Peterbilt Dump Truck (Heavy) 7/19 2NP2HJ7X1LM675169 1572251 98012 20DT1 8,252 130,137 135,000 25 0 0% - Mini
Excavator 2021 Case CX37C 9/22 HHKEL32EE0003822 N/A 99812 21EX01 93 73,509 80,000 20 0.75 4% - Forklift 2015 Clark Forklift 4/15 P232L-0544-9822KF N/A N/A N/A 123 28,500 35,000 30 3 10% - Generator 1994 MD 65/F 7/94 939379 435904 N/A 94GEN3 150 19,568 53,000 20 24 120% - Generator 1994 MD 125/D 7/94 65567 435902 N/A 94GEN1 114 31,898 53,000 20 24 120% - Generator 1995 MD124 6/95 82769 447124 N/A 95GEN2 118 31,218 53,000 20 23 115% - Generator 2005 DCA 150 5/05 4AG3U17295C037340 580599 N/A 05GEN4 103 45,052 53,000 20 13 65% - Portable traffic
signal board 1997 Eclipse 3/97 9710B416 496961 N/A N/A N/A 4,965 8,000 15 21 140% 8,000 Portable traffic
signal board 2006 Hi way Safety Sign Board 4/06 1M9BMO91X6C570617 SE569606 N/A 06SBI N/A 18,264 22,000 15 12 80% - Pump NA Deutz NA 7574609 484800 N/A N/A 210 10,000 30,000 20 NA NA 30,000 Pump 1995 Cummins 10/95 1W9UE1325S1205044 E950553 N/A N/A 477 28,015 49,000 20 23 115% - Trailer 1990 Zieman 3/90 1ZCE29A26LZP15911 329834 N/A 90TR1 N/A 9,114 20,000 25 28 112% - Trailer 2015 Towmaster 6/15 4KNFT2021FL162331 1490784 N/A 15TR1 N/A 18,864 20,000 25 7 28% - Trailer 2019 Towmaster 10/18 4KNBF3027KL160654 1545389 N/A 19TR1 N/A 19,077 20,000 Trailer 1997 AZTEX shoring trailer 4/97 4ZBUE1413V0L10015 952956 N/A N/A N/A 1,611 3,200 25 21 84% - Trailer 1997 AZTEX Welding trailer 7/97 4ZBUE0820VL010017 952955 N/A N/A N/A 995 2,000 25 21 84% - Trailer 2021 Big Tex Mini Ex trailer 10/21 16V1C252XM4070657 4UK6544 N/A 21TR1 N/A 10,449 12,000 Trailer
Compressor 1990 DWP Air Compressor #CP02 6/90 183674U90124 453719 N/A CP02 514 9,159 22,000 25 28 112% - Trailer
Compressor 1990 DWP Air Compressor #CP01 9/91 185076U90124 453720 N/A CP01 610 8,812 22,000 25 28 112% - Trailer
Compressor 2020 Multiquip Air Compressor #CP20 6/20 5SLBC1110LL029024 SE719543 99629 CP20 1 20,668 22,000 25 2 0% - Valve/ Vactor
Trailer 2014 EH Wachs 9/14 1E9PT151XDC297896 1455092 N/A 14V1 1136 59,660 71,000 20 8 40% - Vactor Trailer 2022 Pacific Tek 8/22 4A9BU182NP151256 1537237 N/A 22V01 N/A 82,999 82,999 20 0 Vactor Trailer 2016 EH Wachs 10/16 1E9PT1511GC297172 1234580 N/A 16V01 N/A 53,541 60,000 20 2 10% - Sub Total $ 1,341,663 $ 1,786,624 $ 66,000
GRAND TOTAL $ 2,234,026 $ 2,877,624 $ 332,000
10-4
MEETING
DATE: June 14, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Kelly Ent, Director of Administrative Services
SUBJECT: Fiscal Year 2023-24 Budget Adoption
BACKGROUND
At the May 24 City Council meeting, staff provided an update on the current adopted budget and presented the proposed budget for Fiscal Year 2023-24 in preparation for today’s public hearing.
A copy of the slide deck from that presentation is attached to this report. The budget for consideration this evening, incorporates the feedback received on May 24. City Council will conduct a public hearing to receive input on the proposed budget. At the close of the public hearing, City Council will consider approval of a resolution adopting the budget for Fiscal Year 2023-24 as well as a resolutions adopting the salary ranges and Memorandum of Understanding with Teamsters Local 1932 General Employee Unit effective July 1, 2023.
DISCUSSION
As presented at the May 24 meeting, all operating funds remain structurally balanced. Budget projections include conservative revenue projections. The City Manager’s budget transmittal letter beginning on Page 6 of the attached budget document includes an outline of the City Council’s Strategic Priorities and the corresponding investments included in the proposed budget to meet those objectives.
Below is a summary of the changes incorporated into the budget document following the May 24 meeting:
• The organization chart has been updated to clarify hierarchies and reporting relationships within the new organizational structure.
• The draft budget presented on May 24 included realignment of division budgets and individual budget line items in conjunction with the proposed organizational changes.
Additional updates have been made:
o Signature Event Sponsorship budget has been moved from the City Council budget to the City Clerk / Communications budget.
o Document storage, document destruction, and outreach appropriations have been moved to the City Clerk / Communications budget.
ITEM 2.1
o Telephone, internet, copier services, and printer supplies (e.g. toner) as well as broadcast equipment maintenance have been moved to the Information Technology budget.
o Alarm monitoring costs have been moved to the Civic Center facility budget. • A budget appropriation from the General Fund to the Village Streetscape Maintenance Fund (“Village”) has been incorporated into the proposed budget document to reflect the additional contributions made by the City over the past several years beyond the general benefit contribution required of the assessment district. This action will more accurately reflect the General Fund expenditures relative to the Village and will eliminate a General Fund liability.
In conjunction with the budget adoption, the annual adoption of a resolution approving the salary ranges effective July 1, 2023 is attached for City Council review and approval. The annual adoption of the salary ranges is a requirement of the California Public Employees’ Pension Reform Act of 2013 (PEPRA). The City is a participating employer in the San Bernardino County Employees’ Retirement Association (SBCERA) is subject to the requirements of PEPRA. As set forth in Government Code Section 7522.34, compensation reported for purposes of calculating retirement benefits must be done pursuant to a publicly available pay schedule. The salary ranges include a 5% Cost of Living Adjustment (COLA) for all noncontracted employees (i.e. all represented and unrepresented positions) and the proposed organizational modifications.
The City’s Memorandum of Understanding (MOU) with the Teamsters Local 1932 General Employee Unit (Union) dated July 1, 2018 expired on June 30, 2021 and has been extended annually for the past two years due to the factors related to the pandemic and economic uncertainty.
Collaborative negotiations have been underway and a tentative agreement has been reached for a three-year agreement that would expire June 30, 2026. Included in the proposed agreement is a 5% COLA and additional alternative work schedule options. Other changes to invest in and retain employees have been incorporated into this agreement such as additional tuition reimbursement and shift differential pay extended to all employees working night operations as well as some required legal references related to union membership. A redlined version of the proposed changes is attached hereto.
FISCAL IMPACT
The City’s fiscal status across all funds remains solid with sufficient resources to provide continuity of services and investments in capital improvements, infrastructure and public safety.
The proposed budget appropriations of $68.7 million includes General Fund expenditures of $27.1 million and a $9.8 million investment in capital improvements and infrastructure. The salary ranges and changes resulting from the MOU negotiations and the proposed organizational modifications have been incorporated into the proposed budget. The projected fund balance factoring in the revenue projections and proposed appropriations is $18.4 million with the change in fund balance being reflective of the investment in capital projects.
ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Conduct a public hearing and approve Resolution No. 2023-XX adopting the Fiscal Year 2023-24 recommended budget and 5-year capital improvement plan, and
2. Approve Resolution No. 2023-XX adopting the MOU with Teamsters Local 1932, and
3. Approve Resolution No. 2023-XX adopting the salary ranges for Fiscal Year 2023-24.
ATTACHMENTS
1. Fiscal Year 2023-24 Proposed Budget & 5-Year Capital Replacement / Improvement Plan
2. Resolution No. 2023-XX adopting the Fiscal Year 2023-24 budget
3. Resolution No. 2023-XX adopting the MOU with Teamsters Local 1932
4. Resolution No. 2023-XX adopting the Fiscal Year 2023-24 salary ranges
5. Presentation Slide Deck from May 24
ATTACHMENT 1
Fiscal Year 2023-24 Proposed Budget
June 14, 2023
1.0 INTRODUCTION
Budget Message / Transmittal Letter 6
2.0 SUMMARIES
Summary of All Funds Budget 11
Schedule of Resources by Fund & Category 17Schedule of Expenditures by Fund & Category 18Organization Chart 19Full-Time Equivalent (FTE) Distribution of Personnel 20
3.0 GENERAL FUND
General Fund Summary of Revenues & Expenditures 25General Fund Revenue Detail 26General Fund Expenditures by Department 30
3.1 MANAGEMENT SERVICES
City Council 31City Manager 32City Attorney 33Law Enforcement 34Information Technology 36City Clerk / Communications 37Human Resources / Risk Management 38Tourism Registration / Administration 39Neighborhood Preservation 40Performing Arts Center (PAC) Administration 41
TABLE OF CONTENTS
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 2
TABLE OF CONTENTS
3.2 FINANCE / TREASURY SERVICES
Finance 42General Government 43Successor Administration 44
3.3 PUBLIC WORKS / ENGINEERING
Engineering 45Public Works
Traffic Utilities 46
Animal Regulation 47Street Maintenance & Snow Removal 48Vehicle Maintenance 50Street Lighting 51City Parking Lots / Chamber Building 52City Parks & Trails 53Civic Center 54PAC Operations & Maintenance 55
3.4 COMMUNITY & ECONOMIC DEVELOPMENT
Planning Commission 56
Planning & Economic Development 57Building & Safety 58
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 3
TABLE OF CONTENTS
3.5 GENERAL FUND RESERVES / INTERFUND TRANSFERS
Summary of Reserve Commitments 59Contributions to Replacement Reserve 60Interfund Transfers Out 61
4.0 WASTE MANAGEMENT FUNDS
Sanitation (Wastewater) Fund Summary of Revenues & Expenditures 62 Sanitation (Wastewater) Fund Detail of Revenues & Expenditures 63Sanitation (Wastewater) Summary of Reserve Commitments 66Refuse (Solid Waste) Fund Summary of Revenues & Expenditures 67Refuse (Solid Waste) Fund Detail of Revenues & Expenditures 68Refuse (Solid Waste) Summary of Reserve Commitments 71
5.0 ASSESSMENT DISTRICTS
Village Streetscape Maintenance Fund Revenue and Expenditure Detail 72Tourism Business Improvement District (TBID) 73
6.0 TRANSPORTATION FUNDS
Traffic Safety 74Gas Tax - Highway User Tax Account (HUTA) 75Gas Tax - Road Maintenance and Repair Account (RMRA) 76Measure I Fund - Local 10-40 77Measure I Fund - Major Local Highways Program (MLHP) 78Mobile Source Air Pollution 79Mountain Transit (MTA) 80Local Transportation 81 FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 4
TABLE OF CONTENTS
7.0 MISCELLANEOUS FUNDS
Property Lease General Operations 82Pass-through Fees 83 Public, Education, and Government (PEG) Access Fund 84Measure Y Transient Occupancy Tax (TOT) 85Community Development Block Grant (CDBG) 86Grant Funding 87Supplemental Law Enforcement Services Fund (State COPS Subvention) 88
8.0 GROWTH MANAGEMENT FUNDS
Developer Impact - General Facilities 89Developer Impact - Circulation 90Developer Impact - Drainage 91Developer Impact - Public Facilities 92Developer Impact - Parkland 93Developer Impact - Fire Suppression 94
9.0 CAPITAL / STREET IMPROVEMENT FUNDS
Summary of Planned Projects 95Capital Improvements Fund Detail by Account 96Street Improvements Fund Detail by Account 98
10.0 5-Year Capital Replacement / Improvement Plan (CIP) Appendix A FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 5
City Manager’s Office
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com June 8, 2023
Honorable Mayor and Councilmembers:
I am pleased to present a balanced Operating Budget and Capital Improvement Plan for the City of Big Bear Lake for Fiscal Year 2023-24 (July 1, 2023 to June 30, 2024).
I want to thank the City Council and City staff for their support as I stepped into the role of City Manager in September of 2022. Since September, I have been experiencing all of the beauty that this four season community has to offer, but also quickly learned with great beauty there is also risk. Right before my tenure started, the Big Bear Valley was faced with the Radford Fire and then the Winter of 2022-23, which was one of the most significant winters the valley experienced in some time. My lesson, with great beauty comes risk, but more importantly, how a city prepares, manages, and builds relationships is key to mitigating risk and preserving the beauty of the valley. The proposed budget for Fiscal Year 2023-24 is a first step in preparing and managing the City’s risks to make this great community even better.
The total City budget amounts to $68.7 million with the General Fund budget at $27.1 million.
The budget theme for the Fiscal Year 2023-24 budget can best be described as the year of Reset and Investment, as the pandemic ends and the 2022 election concludes, the City is positioned to reset and focus on investing in its community, fiscal strength, public safety, staff, and capital improvement projects. Ongoing efforts to be cautious with fiscal decisions have been applied to all aspects of City operations and services. We are striving for innovative approaches to providing City services, while minimizing operational costs. Department budgets are structured to maintain appropriate levels of core City services.
Strategic Priorities
As we embark into the Fiscal Year 2023-24 budget, the City Council has developed five strategic priorities to provide direction to City staff. The priorities set the goals of the City Council, City Manager, and City staff and the associated objectives are incorporated into the budget to set the course for this year’s areas of focus.
City Manager’s Office
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com Fiscal Year 2023-24
Strategic Priority Goals Objectives
Support and invest in sustainable
infrastructure projects and programs
consistent with the needs of our community
Conduct a Sewer Assessment and Sewer
Rate Study
Invest $9.8M in Capital Improvement
Projects
Invest $5.3M to Maintain Infrastructure
Ensure fiscal responsibility Conduct a Citywide Fee Study Review & Update Reserve Policy
Review & Update Investment Policy
Invest in attracting, retaining and
developing staff, strive to deliver the best
customer service
Improve Customer Service through
training and system enhancements
Maintain a competitive wage and benefit
package
Review and Update Personnel Policy &
Procedures
Enhance community engagement and local
advocacy strategies, while bolstering
partnerships with residents, businesses and
regional partners
Develop a Quarterly Legislative Reporting
process
Initiate an Economic Development
Program
Adding tools and staff to broaden
community engagement
Preserve and protect the quality of life for
the residents and the businesses, while
maintaining a balance with the environment
to foster a sustainable economic base
Develop, Implement & Train Citywide
Emergency Operations Plan
Initiate General Plan Update & General
Plan Advisory Committee
Continue implementation of the 2021-
2029 Housing Element Action items
City staff has considered these priorities and incorporated them into the proposed budget for Fiscal Year 2023-24 in a balanced approach. The budget includes funding for public safety, prioritizing the residential community, significant investment in the City’s Capital Improvement Plan and infrastructure maintenance, improving services to support the City’s business community, enhancing communications, funding levels to meet the operational needs, and continued implementation of technology improvements to provide more efficient services.
City management focused on maintaining quality public services and capital projects, while minimizing expenses where possible. As a result, the City’s operating position is positive and sufficient resources are available to address forecasted cost increases. The City has begun City Manager’s Office
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com focusing on funding reserves so they are available to offset any future economic downturn and to fund planned future expenditures while still being responsive to our residents' needs and providing the best services possible. The City continues to operate with staff vacancies and remains committed to delivering essential City services. I would like to thank City Council and City staff for their commitment to the City and its citizens.
Economic Outlook
After a period with fewer restrictions and higher activity levels, the economy has continued to expand during Fiscal Year 2022-23, and the City has seen increases in its property and transient occupancy tax revenues and sustained sales tax levels. The economy continues to contribute to increased housing prices and strong demand for retail and dining services. These areas of economic growth bode well for the City as property, sales, and transient occupancy tax are major revenue categories, improving the outlook for the City of Big Bear Lake. This growth has also led to an increase in inflation which, based on local forecasts and Federal Reserve rate increases, are anticipated to level out over the next year. Although concerns still exist, such as energy prices and inflation, the overall economic outlook for the City is positive.
With that said, the City is committed to maintaining a strong fiscal foundation and will remain conservative in our fiscal actions and forecasting.
The Budget
The City is investing in bringing higher levels of service throughout the organization. City staff conducted a comprehensive review of all departments and programs and are recommending five (5) new positions as part of the Budget process. This analysis included review of staffing levels, specific costs and contracts, and other operational considerations to identify certain departments that were not adequately staffed. As part of the budget theme of “invest”, the proposed budget is investing in these departments to ensure they can meet the needs of the City now and into the foreseeable future. City Management prioritizes maintaining a positive operating position to absorb anticipated cost increases and effects of any inflationary impacts.
The City realizes potential future cost increases may occur and will maintain a conservative financial position. As part of the development of the Fiscal Year 2023-24 budget, staff sought opportunities to improve City services and maintain adequate staffing levels. These actions are summarized in following paragraphs by category below:
• Staffing: City Management has assessed all City Departments and will continue to City Manager’s Office
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com assess staffing vacancies to determine priority in the recruitment process based on current City needs and reevaluation of vacant positions. This budget document contains an overview of the City’s staffing plan (Refer to Page 19). • Compensation and Benefits: The City and the employee association have a fantastic relationship and the City has been actively negotiating with the association and are in final stages of approving a three year Memorandum of Understanding (MOU) that is a fair and balanced package, but also compliments the City’s budget while reflecting a fair investment in City staff.
• Pension: Pension actuarial rates remain mostly flat with Fiscal Year 2023-24 rates based on the June 2022 actuarial reports. The payments are anticipated to decrease over time as SBCERA continues to pay down past unfunded liabilities and 2022's positive investment returns are recognized.
• Maintenance: Prevailing wage requirements continue to impact maintenance contracts as costs, along with some inflation adjustments, are budgeted to increase. Additionally, the City is allocating $5.3M to ensure existing capital assets are properly maintained extending the asset lives and lowering future replacement costs. • Capital Projects: Prioritized projects in the proposed $9.8M budget include street rehabilitation, expansion of the Rathbun Creek Trail, Civic Center roof replacement, various park improvements, and investment in the City’s resiliency by replacing emergency generators and installing an emergency fuel supply.
The City's budget continues to allocate resources to address public safety. These costs are dedicated to quality of life issues within the City. Key Public Safety costs include:
• San Bernardino Sheriff's Department (SBSD): The Fiscal Year 2022-23 Law Enforcement Services contract amount of $5.3 million increases in Fiscal Year 2023-24 to $6.0 million.
This increase is contributed to two things: cost of living and the $300,000 addition for a Traffic Deputy to address traffic related issues throughout the community. • Code Compliance/Neighborhood Preservation: The City’s Tourism Division is being rebranded as Neighborhood Preservation and being brought into the City Manager’s Office, in an effort to prioritize the quality of life in the residential communities and provide dedicated services to address negative impacts. Under Community Development (which includes one Code Compliance Officer), the City is proposing to add an additional Code Compliance Officer to focus on commercial property and building and safety issues. These two programs together total $2.3 million and address quality of life issues, parking enforcement, and code violations. These programs are instrumental in enforcement issues relative to the quality of life of our residents.
City Manager’s Office
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com Accomplishments
There have been a number of significant accomplishments over the past fiscal year including completing the Moonridge Corridor Improvements Project, ongoing investment in City streets, and the acquisition and improvement of the Stanfield Boardwalks. The city hosted three very successful community events: Fourth of July, Halloween in the Village, and Christmas in the Village and supported many others. The City executed a 99-year lease on 19 acres of lakeside property and is working to conduct major improvements that will benefit the community and the residents of the existing mobile home park. In addition, City staff remained focused on improving service delivery and community support through procedural and technological enhancements. City staff flawlessly managed the Blizzard of 2023 and maintained safe access throughout the community. The City Council deliberated and provided Strategic Priorities for Fiscal Year 2023-24.
Summary
In Fiscal Year 2023-24, we will focus on implementing the City Council's strategic priorities while maintaining a balanced budget, providing quality services to residents, and implementing the adopted Capital Improvement Plan.
In closing, I have to take a moment and thank the City Council and the employees at the City of Big Bear Lake. I am confident in their ability to meet the needs of this City and its residents. City employees have pushed through the turbulent environment of the pandemic and extreme weather events and continued to provide essential services to our residents, even under constrained staffing levels. I look forward to next year's challenges and opportunities knowing that the team of Big Bear Lake employees will rise to meet them.
Erik Sund
City Manager
Total
General Village Sanitation Refuse Other Fund Bal.
Revenues & Other Resources 20,979,800 1,764,693 6,581,900 4,656,300 26,470,171 60,452,864Expenditures & Other Uses (27,061,713) (458,720) (7,828,600) (4,566,614) (28,782,018) (68,697,665) Change in Fund Balance (6,081,913) 1,305,973 (1,246,700) 89,686 (2,311,847) (8,244,801)Projected Fund Balance 07/01/23 15,318,197 (1,305,973) 4,931,669 1,226,417 6,499,007 26,669,316Projected Fund Balance 06/30/24 9,236,284 - 3,684,969 1,316,103 4,187,160 18,424,516 Measure Y Transient Occupancy Taxes 4,179,247
Development Impact Fees 2,139,515Other Restricted Revenue: Transportation Funds (2,868,578) * COPS 306,677 PEG 395,460 CDBG (680) Grants - Property Lease 1,500Total Other Restricted Revenue (2,165,621)Pass-through Charges 34,019 4,187,160
*Includes $3.2 million Measure I MLHP AEA
Operating Funds $12.4 million
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 11 General Village Sanitation Refuse Total
Fund LL&M Fund Fund All Funds
Fund Balance 6/30/22 $ (1,145,483) 17,501,335 $ 5,456,342 $ 1,014,131 $ 31,887,452 $ Resources $ 327,230 22,807,053 $ 6,380,800 $ 4,154,600 $ 61,985,018 $ Uses $ (487,720) (24,990,191) $ (6,905,473) $ (3,942,314) $ (67,203,153) $ $ (2,183,138) $ (160,490) $ (524,673) $ 212,286 $ (5,218,135) Projected Balance 6/30/23 $ (1,305,973) 15,318,197 $ 4,931,669 $ 1,226,417 $ 26,669,316 $ Resources $ 1,764,693 20,979,800 $ 6,581,900 $ 4,656,300 $ 53,819,926 $ Uses $ (458,720) (27,061,713) $ (7,828,600) $ (4,566,614) $ (62,064,727) $ $ (6,081,913) $ 1,305,973 $ (1,246,700) $ 89,686 $ (8,244,801) Projected Balance 6/30/24 $ - 9,236,284 $ 3,684,969 $ 1,316,103 $ 18,424,516 $ Fund Balance Projection
June 30, 2024
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 12 Fund Balance 6/30/22
ResourcesUsesProjected Balance 6/30/23
ResourcesUsesProjected Balance 6/30/24
Traffic HUTA RMRA Measure I Measure I Air Mountain
Safety Gas Tax Gas Tax Local MLHP Pollution Transit
$ 9,854 13,339 $ (2,887) $ 384,928 $ (79,815) $ 90,794 $ - $ $ 220,000 $ 495,450 $ 109,500 $ 654,000 $ - $ 6,600 $ 265,000 $ (233,339) $ (505,304) $ (106,613) $ (489,900) $ (3,120,185) $ (90,000) $ (265,000) $ (13,339) $ (9,854) $ 2,887 $ 164,100 $ (3,120,185) $ (83,400) $ - $ - $ - $ - $ 549,028 $ (3,200,000) $ 7,394 $ -
$ 220,000 $ 1,144,980 $ 124,800 $ 652,400 $ - $ 5,800 $ 500,000 $ (220,000) $ (1,144,980) $ (124,800) $ (883,200) $ - $ (500,000) - $ $ - $ - $ (230,800) - $ $ - $ 5,800 $ -$ - $ - $ - $ 318,228 $ (3,200,000) $ 13,194 $ - Fund Balance Projection
June 30, 2024
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 13 Fund Balance 6/30/22
ResourcesUsesProjected Balance 6/30/23
ResourcesUsesProjected Balance 6/30/24
Property State PEG Measure Y CDBG Grant COPS
Lease Pass-throughs Access Fund Fund Funding Subvention $ 24,319 - $ 337,960 $ 5,587,030 $ (680) $ (9,709) $ 342,677 $ $ 310,000 $ 5,200 $ 61,000 $ 2,691,000 $ 172,223 $ 2,883,063 $ 176,000 $ (310,000) $ - $ (55,000) $ (1,991,159) $ (2,873,354) - $ $ (255,000) $ - $ 5,200 $ 6,000 $ 699,841 $ 172,223 $ 9,709 $ (79,000) $ - $ 29,519 $ 343,960 $ 6,286,871 $ 171,543 $ - $ 263,677 $ 510,000 $ 5,200 $ 56,500 $ 1,891,900 $ 35,853 $ - $ 143,000 $ (508,500) $ (700) $ (5,000) $ (3,999,524) $ (208,076) $ (100,000) - $ $ 1,500 $ 4,500 $ 51,500 $ (2,107,624) $ (172,223) $ - $ 43,000$ 1,500 $ 34,019 $ 395,460 $ 4,179,247 $ (680) $ - $ 306,677 Fund Balance Projection
June 30, 2024
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 14 Fund Balance 6/30/22
ResourcesUsesProjected Balance 6/30/23
ResourcesUsesProjected Balance 6/30/24
DIF DIF DIF DIF DIF DIF
Gen. Facilities Circulation Drainage Public Facilities Parkland Fire Fees $ 161,354 $ 409,251 $ 572,378 $ 136,707 $ 299,688 $ 159,637 $ 25,000 $ 66,000 $ 60,000 $ 63,000 $ 66,000 $ 28,000
$ - $ - $ - $ - $ - $ -
$ 25,000 $ 66,000 $ 60,000 $ 63,000 $ 66,000 $ 28,000
$ 186,354 $ 475,251 $ 632,378 $ 199,707 $ 365,688 $ 187,637 $ 23,500 $ 63,000 $ 55,000 $ 61,500 $ 63,000 $ 26,500
$ - $ (200,000) - $ $ - $ - $ -
$ 23,500 $ 63,000 $ (145,000) $ 61,500 $ 63,000 $ 26,500 $ 209,854 $ 538,251 $ 487,378 $ 261,207 $ 428,688 $ 214,137 Fund Balance Projection
June 30, 2024
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 15 Fund Balance 6/30/22
ResourcesUsesProjected Balance 6/30/23
ResourcesUsesProjected Balance 6/30/24
Capital Street Total
Improvements Improvements TBID Other Funds
$ - - $ 624,302 $ 6,499,007 $
$ 8,569,725 6,520,999 $ 4,867,575 $ 28,315,335 $
$ (8,569,725) (6,520,999) $ (5,491,877) $ (30,877,455) $ $ - - $ (624,302) $ (2,562,120) $
$ - - $ - $ 6,499,007 $
$ 2,374,000 7,467,600 $ 4,412,700 $ 19,837,233 $
$ (2,374,000) (7,467,600) $ (4,412,700) $ (22,149,080) $ $ - - $ - $ (2,311,847) $
$ - - $ - $ 4,187,160 $
Fund Balance Projection
June 30, 2024
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 16
SCHEDULE OF RESOURCES BY FUND & CATEGORY
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedActual Actual Adopted Adjusted Projected Proposed Adopted Difference % Diff Comments $ 23,497,212 20,968,411 $ 19,117,992 $ 22,071,382 $ $ 22,849,979 $ 20,979,800 $ 9.7 1,861,808 % Assumes TOT growth moderating post-COVID
Sanitation 5,839,782 $ 6,048,600 $ 6,283,000 $ 6,333,000 $ $ 6,430,800 $ 6,581,900 $ 4.8% 298,900 City fees + 3.7% CPI; BBARWA capped at + 5%Refuse 3,502,667 3,576,391 4,103,200 4,103,200 4,154,600 4,656,300 553,100 13.5% City fees + 3.7%; solid waste fees per agreementTotal Waste Management Funds $ 9,342,449 $ 9,624,991 $ 10,386,200 $ 10,436,200 $ 10,585,400 $ 11,238,200 $ 852,000 8.2 %
Traffic Safety 189,602 229,921 130,000 130,000 220,000 220,000 90,000 69.2% Gas Tax - HUTA 535,390 671,025 416,570 416,570 495,450 1,144,980 728,410 174.9% Includes snow reimbursement Gas Tax - RMRA 96,512 103,813 118,300 118,300 109,500 124,800 6,500 5.5% Measure I Local 10-40 644,845 586,001 489,900 489,900 654,000 652,400 162,500 33.2% Based on SBCTA estimates Measure I Major Local Hwys 10-40 0 0 0 3,200,000 0 0 0% MLHP funding for Moonridge project.Mobile Source Air Pollution 8,573 53,597 5,200 5,200 6,600 5,800 600 11.5%Mountain Transit (MTA) 0 165,000 265,000 265,000 265,000 500,000 235,000 88.7% No-Fare Trolley & bus stops contributionsLocal Transportation 0 1,655,894 0 0 0 0 0% Total Transportation Funds $ 1,474,922 $ 3,465,250 $ 1,424,970 $ 4,624,970 $ 1,750,550 $ 2,647,980 $ 1,223,010 35.3 %
Village Streetscape Maintenance $ 206,455 $ 260,097 $ 327,230 $ 327,230 $ 327,230 $ 1,764,693 $ 1,437,463 439.3% Includes funds transfer from General FundTourism Business Improvement District 5,370,208 $ 5,492,381 $ - $ 4,870,000 $ $ 4,867,575 $ 4,412,700 $ % 4,412,700 Accounting changes to include budgetTotal Assessment District Funds $ 5,576,663 $ 5,752,478 $ 327,230 $ 5,197,230 $ 5,194,805 $ 6,177,393 $ 5,850,163 1787.8 %
Property Lease General Operations 0 0 0 310,000 310,000 510,000 510,000 % Long-term property lease entered into in FY 22/23State Pass-through Fees 2,537 5,059 0 5,200 5,200 5,200 5,200 % Accounting change to include budgetPEG Access $ 55,737 $ 56,536 $ 55,600 $ 55,600 $ 61,000 $ 56,500 $ 900 1.6%Measure Y TOT 2,795,548 2,880,045 1,676,000 2,576,000 2,691,000 1,891,900 215,900 12.9% Assumes TOT growth moderating post-COVIDCommunity Development Block Grant 0 0 34,000 290,567 172,223 35,853 1,853 5.5% Grant Funding 0 1,262,850 331,388 2,873,354 2,883,063 0 (331,388) -100.0% COPS Grant 179,038 157,872 141,300 171,300 176,000 143,000 1,700 1.2% Total Miscellaneous Funds $ 3,032,860 $ 4,362,362 $ 2,238,288 $ 6,282,021 $ 6,298,486 $ 2,642,453 $ (105,835) -2.4 %
Developer Impact - General Facilities 24,123 70,424 22,200 22,200 25,000 23,500 1,300 5.9% Developer Impact - Circulation 82,007 153,171 60,600 60,600 66,000 63,000 2,400 4.0% Developer Impact - Drainage 50,752 141,450 51,000 51,000 60,000 55,000 4,000 7.8% Developer Impact - Public Facilities 57,502 70,936 60,200 60,200 63,000 61,500 1,300 2.2% Developer Impact - Parkland 66,036 80,930 60,500 60,500 66,000 63,000 2,500 4.1% Developer Impact - Fire Supp 26,378 149,829 25,800 25,800 28,000 26,500 700 2.7% Total Growth Management Funds $ 306,798 $ 666,741 $ 280,300 $ 280,300 $ 308,000 $ 292,500 $ 12,200 4.4 %
Capital Improvements 2,264,717 2,402,918 5,681,089 8,859,761 6,520,999 7,467,600 1,786,511 31.4%Street Improvements $ 1,238,501 $ 4,155,264 $ 2,175,000 $ 8,569,725 $ 8,569,725 $ 2,374,000 $ 199,000 9.1% Capital Project Funds $ 3,503,218 $ 6,558,182 $ 7,856,089 $ 17,429,486 $ 15,090,724 $ 9,841,600 $ 1,985,511 25.3 %
$ 53,927,217 44,205,321 $ 41,631,069 $ 66,321,589 $ 62,077,944 $ 53,819,926 $ 12,188,857 $ 29.3 %
$ 4,621,817 $ 8,238,416 $ 9,229,401 $ 19,431,188 $ 17,318,933 $ 14,186,583 $ 4,957,182 53.7 %
$ 45,688,801 39,583,504 $ 32,401,668 $ 46,890,401 $ 44,759,011 $ 39,633,343 $ 7,231,675 $ 22.3 %
Refer to Capital Improvement Plan for detailed project information and funding.
Miscellaneous FundsGrand TotalLess Transfers from Other FundsAdjusted Total Refer to Capital Improvement Plan for detailed project information and funding.
General FundCapital Project FundsWaste Management FundsTransportation FundsAssessment District FundsGrowth Management Funds FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 17
SCHEDULE OF EXPENDITURES BY FUND & CATEGORY
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedActual Actual Adopted Adjusted Projected Proposed Adopted Difference % Diff Comments $ 16,993,981 15,726,541 $ 21,807,150 $ 26,754,806 $ $ 25,290,191 $ 27,826,713 $ 27.6% 6,019,563 Includes $4.0 million investment in capital projects Sanitation 5,194,509 $ 6,082,008 $ 6,997,050 $ 7,293,665 $ $ 6,905,473 $ 7,853,600 $ 12.2% 856,550 Assumes pass-through capped at 5%Refuse 3,314,942 3,527,068 3,993,710 3,993,710 3,942,314 4,566,614 572,904 14.3% Includes new solid waste agreement & AB 1383 impactTotal Waste Management Funds $ 8,509,450 $ 9,609,075 $ 10,990,760 $ 11,287,375 $ 10,847,787 $ 12,420,214 $ 1,429,454 13.0% Traffic Safety $ 125,160 $ 289,920 $ 130,000 $ 130,000 $ 233,339 $ 220,000 $ 90,000 69.2% Gas Tax - HUTA 535,390 661,172 416,570 416,570 505,304 1,144,980 728,410 174.9% Includes snow reimbursement Gas Tax - RMRA 123,444 106,700 119,100 119,100 106,613 124,800 5,700 4.8% Measure I Local 10-40 586,071 471,200 489,900 489,900 489,900 883,200 393,300 80.3% Refer to capital improvement plan Measure I Local Highways 10-40 - 79,815 - 3,120,185 3,120,185 - - % MLHP funding for Moonridge Corridor ImprovementsAir Pollution Trust - 50,000 - 90,000 90,000 - - % Electric vehicle charging stationsMountain Transit (MTA) - 165,000 265,000 265,000 265,000 500,000 235,000 88.7% Contributions to No-Fare Trolley & bus stopsLocal Transportation 694,992 869,143 - - - - - % Total Transportation Funds $ 2,065,056 $ 2,692,950 $ 1,420,570 $ 4,630,755 $ 4,810,341 $ 2,872,980 $ 1,452,410 102.2% Village Streetscape Maintenance $ 401,805 $ 444,765 $ 519,220 $ 544,842 $ 487,720 $ 458,720 $ (60,500) -11.7% Tourism Business Improvement District $ 5,201,733 $ 5,632,257 $ - $ 5,491,400 $ 5,491,877 $ 4,412,700 $ 4,412,700 % Accounting change to include budget
Total Assessment District Funds $ 5,603,538 $ 6,077,021 $ 519,220 $ 6,036,242 $ 5,979,597 $ 4,871,420 $ 4,352,200 838.2%% %
Property Lease General Operations - - - 300,000 310,000 508,500 % 508,500 Long-term property lease entered into in FY 22/23 State Pass-through Fees 341 - - 700 - 700 700
% Accounting change to include budget
PEG Access $ 27,445 $ 1,361 $ 205,000 $ 55,000 $ 55,000 $ 5,000 $ (200,000) -97.6% Broadcasting equipmentMeasure Y TOT 1,344,920 1,933,962 2,102,384 2,651,518 1,991,159 3,999,524 1,897,140 90.2% Capital / Infrastructure project fundingCommunity Development Block Grant - 680 256,567 256,567 - 208,076 (48,491) -18.9% Grant Funding - 1,272,559 331,388 2,873,354 2,873,354 - (331,388) -100.0% COPS / SLESF 7,434 98,745 100,000 255,000 255,000 100,000 0.0% - Supplemental law enforcement services Total Miscellaneous Funds $ 1,380,140 $ 3,307,307 $ 2,995,339 $ 6,392,139 $ 5,484,513 $ 4,821,800 $ 1,826,461 61.0% Developer Impact - General Facilities - - - - - - - %
Developer Impact - Circulation - - - - - - - %
Developer Impact - Drainage - - - - - 200,000 200,000
%
Developer Impact - Public Facilities 9,197 - - - - - - %Developer Impact - Parkland 36,544 - 200,000 200,000 - - (200,000) -100.0% Developer Impact - Fire Supp - 400,000 - - - - - %
Total Growth Management Funds $ 45,741 $ 400,000 $ 200,000 $ 200,000 $ - $ 200,000 $ 0.0% - Capital Improvements / General & Sanitation 2,264,717 2,402,918 5,681,089 8,859,761 6,520,999 7,467,600 1,786,511 31.4% Street Improvements $ 1,238,501 $ 4,155,264 $ 2,175,000 $ 8,569,725 $ 8,569,725 $ 2,374,000 $ 199,000 9.1% Total Capital Project Funds $ 3,503,218 $ 6,558,182 $ 7,856,089 $ 17,429,486 $ 15,090,724 $ 9,841,600 $ 1,985,511 25.3% $ 36,833,684 $ 45,638,517 $ 45,789,128 $ 72,730,803 $ 67,503,153 $ 62,854,727 $ 17,065,599 37.3% $ 4,621,817 $ 8,238,416 $ 9,220,909 $ 19,372,696 $ 12,021,864 - $ $ 2,800,955 30.4% $ 32,211,867 $ 37,400,101 $ 36,568,219 $ 53,358,107 $ 67,503,153 $ 50,832,862 $ 14,264,643 39.0% Refer to Capital Improvement Plan for detailed project information and funding.
Grand TotalAdjusted TotalTransportation FundsLess Transfers to Other Funds Refer to Capital Improvement Plan for detailed project information and funding. Refer to Capital Improvement Plan for detailed project information and funding.
General FundCapital Project FundsWaste Management FundsAssessment District FundsMiscellaneous FundsGrowth Management Funds FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 18
CITY COUNCIL
CITY MANAGER
DIRECTOR OF
COMMUNITY &
ECONOMIC
DEVELOPMENT
ASSISTANT CITY MANAGER DEPUTY CITY
MANAGER/CFO
DEPUTY CITY
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Fiscal Year
2023-2024
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 19 Full-Time Equivalent (FTE) Distribution of Personnel
General
Fund
Sanitation
Fund
Refuse
Fund
Village
Assessment
District
FY 2023-24
Proposed
FY 2022-23
Amended
FY 2022-23
Adopted
FY 2021-22
Adopted
Management Services4120 City Manager's Office
City Manager 0.55 0.15 0.15 - 0.85 1.00 1.00 1.00
Administrative Analyst I/II 0.30 0.05 0.05 - 0.40 - - - Executive Assistant 0.40 0.05 0.05 - 0.50 - - -
Department Total 1.25 0.25 0.25 - 1.75 1.00 1.00 1.00
4810 Information Technology
City Manager 0.15 - - - 0.15 - - -
Director of Administrative Services - - - - - 0.20 0.20 0.20 Administrative Services Manager - - - - - - 0.10 0.10
Administrative Analyst I/II 0.25 - - - 0.25 - - -
Department Total 0.40 - - - 0.40 0.20 0.30 0.30
4130 City Clerk / Communications
Assistant City Manager 0.20 0.05 0.05 - 0.30 - - -
Director of Human Resources/City Clerk - - - - - 0.60 0.60 0.60 City Clerk 1.00 - - - 1.00 - - -
Deputy City Clerk/Public Information Officer - - - - - 1.00 1.00 - Administrative Analyst I/II - - - - - 0.90 1.00 1.00
Communications / Events Specialist 1.00 - - - 1.00 - - - Executive Assistant 0.50 - - - 0.50 - - -
Department Total 2.70 0.05 0.05 - 2.80 2.50 2.60 1.60
4150 Human Resources / Risk Management
Assistant City Manager 0.35 0.05 0.05 - 0.45 - - -Director of Human Resources/City Clerk - - - - - 0.30 0.40 0.40Senior Human Resources / Risk Management Analyst 0.60 0.15 0.15 - 0.90 - - -Administrative Analyst I/II - - - - - 2.00 1.00 2.00Human Resources Technician 0.70 0.15 0.15 - 1.00 - - - Department Total 1.65 0.35 0.35 - 2.35 2.30 1.40 2.40
4415 Neighborhood Preservation
Assistant City Manager 0.15 - - - 0.15 - - -
Director of Tourism Management - - - - - 1.00 1.00 1.00Administrative Analyst I/II 0.35 - - - 0.35 - 1.00 1.00Code Compliance Manager 1.00 - - - 1.00 1.00 1.00 -Neighborhood Preservation Officer I/II 3.60 - 0.40 - 4.00 - - - Code Compliance Officer I/II - - - - - 4.00 4.00 4.00Code Compliance Technician 1.00 - - - 1.00 - - -Administrative Assistant 1.00 - - - 1.00 2.00 2.00 2.00 Department Total 7.10 - 0.40 - 7.50 8.00 9.00 8.00
4610 Performing Arts Center (PAC) Administration
Assistant City Manager 0.10 - - - 0.10 - - -Director of Administrative Services - - - - - - 0.10 0.10 Director of Human Resources/City Clerk - - - - - 0.10 - -Administrative Services Manager - - - - - - 0.10 - Senior Human Resources / Risk Management Analyst 0.10 - - - 0.10 - - -Administrative Analyst I/II - - - - - 0.10 - 0.10 Department Total 0.20 - - - 0.20 0.20 0.20 0.20
Total Management Services 13.30 0.65 1.05 - 15.00 14.20 14.50 13.50 FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 20 Full-Time Equivalent (FTE) Distribution of Personnel
General
Fund
Sanitation
Fund
Refuse
Fund
Village
Assessment
District
FY 2023-24
Proposed
FY 2022-23
Amended
FY 2022-23
Adopted
FY 2021-22
Adopted
Finance / Treasury Services4140 Finance
Deputy City Manager / Chief Financial Officer 0.35 0.10 0.10 - 0.55 - - - Director of Administrative Services - - - - - 0.45 0.35 0.35 Finance Manager 0.35 0.10 0.10 - 0.55 0.55 0.65 0.40
Senior Accountant 0.75 0.10 0.10 - 0.95 - - -
Financial Analyst 0.75 0.10 0.10 - 0.95 - - -
Administrative Analyst I/II - - - - - 1.90 0.40 1.50
Accountant I 0.80 0.10 0.10 - 1.00 - - -
Accounting Technician 0.45 0.10 0.10 - 0.65 - - -
Administrative Assistant - - - - - 0.65 0.30 -
Administrative Clerk 0.50 - - - 0.50 0.50 0.50 0.50
Department Total 3.95 0.60 0.60 - 5.15 4.05 3.05 1.90
4800 General Government
Deputy City Manager / Chief Financial Officer 0.15 - - - 0.15 - - - Director of Administrative Services - - - - - 0.05 0.05 0.05Finance Manager 0.15 - - - 0.15 0.15 0.10 0.05 Senior Accountant - - - - 0.05 - - -
Financial Analyst 0.05 - - - 0.05 - - -
Administrative Analyst I/II 0.05 - - - - 0.10 0.50 0.10 Accounting Technician 0.35 - - - 0.35 - - -
Administrative Assistant - - - - - 0.35 0.70 -
Administrative Clerk 0.50 - - - 0.50 0.50 0.50 0.50
Department Total 1.25 - - - 1.25 1.15 1.85 0.70
4801 Successor Administration
Deputy City Manager / Chief Financial Officer 0.30 - - - 0.30 - - - Director of Administrative Services - - - - - 0.30 0.30 0.30Finance Manager 0.30 - - - 0.30 0.30 0.30 0.30Administrative Analyst I/II - - - - - - - 0.30 Department Total 0.60 - - - 0.60 0.60 0.60 0.90
Total Finance / Treasury Services 5.80 0.60 0.60 - 7.00 5.80 5.50 3.50 Public Works / Engineering4310 Engineering
Deputy City Manager / Director of Public Works 0.25 0.15 0.15 - 0.55 - - -Director of Public Services - - - - - 0.85 0.85 0.85 Public Works Manager-Capital Projects/Emergency Operations 0.70 0.15 0.15 - 1.00 - - -Associate Engineer/Civil Engineer 1.00 0.60 0.40 - 2.00 2.00 2.00 2.00Project Manager 0.50 0.25 0.25 - 1.00 1.00 1.00 -Administrative Analyst I/II - - - - - - - 1.00Administrative Assistant 1.00 - - - 1.00 1.00 1.00 - Department Total 3.45 1.15 0.95 - 5.55 4.85 4.85 3.85
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 21 Full-Time Equivalent (FTE) Distribution of Personnel
General
Fund
Sanitation
Fund
Refuse
Fund
Village
Assessment
District
FY 2023-24
Proposed
FY 2022-23
Amended
FY 2022-23
Adopted
FY 2021-22
Adopted
4320 Public Works
Deputy City Manager / Director of Public Works 0.15 0.15 0.15 - 0.45 - - - Director of Public Services - - - - - 0.15 0.15 0.15
Public Works Manager-Field Operations/Utilities 0.25 0.75 - - 1.00 2.00 2.00 2.00 Public Works Supervisor 0.60 0.15 0.10 0.15 1.00 - - -
Street Maintenance - Crew Leader 0.55 0.35 0.10 - 1.00 1.00 1.00 1.00 Street Maintenance - Maintenance Worker I/II/III 0.10 7.75 0.15 - 8.00 8.00 7.00 7.00 Facilities / Parks - Crew Leader 0.75 0.25 - - 1.00 1.00 1.00 2.00 Facilities / Parks - Maintenance Worker I/II 8.35 - 0.80 2.85 12.00 13.00 14.00 13.00 Wastewater - Crew Leader - 1.00 - - 1.00 1.00 1.00 1.00 Wastewater - Collection Operator I/II/III - 5.00 - - 5.00 4.00 4.00 4.00Mechanic I/II 0.65 0.30 0.05 - 1.00 1.00 1.00 1.00 Theater Technician I/II 1.00 - - - 1.00 1.00 1.00 1.00Administrative Assistant 0.40 0.35 0.25 - 1.00 1.00 1.00 1.00 Department Total 20.45 8.40 1.60 3.00 33.45 33.15 33.15 33.15 Total Public Works / Engineering 23.90 9.55 2.55 3.00 39.00 38.00 38.00 37.00Community & Economic Development4410 Planning & Economic Development Director of Community & Economic Development 0.50 - - - 0.50 0.50 0.50 0.50Economic Development Manager 1.00 - - - 1.00 - - - Senior Principal Planner 1.00 - - - 1.00 1.00 1.00 1.00 Principal Planner 2.00 - - - 2.00 2.00 2.00 1.60
Associate Planner 1.00 - - - 1.00 1.00 1.00 1.00Planning Technician 1.00 - - - 1.00 - - - Administrative Assistant - - - - - 1.00 1.50 1.50
Administrative Clerk 0.50 - - - 0.50 - - -
Department Total 7.00 - - - 7.00 5.50 6.00 5.60
4430 Building & Safety
Director of Community & Economic Development 0.50 - - - 0.50 0.50 0.50 0.50 Senior Building Inspector 1.00 1.00 1.00 1.00 1.00
Code Compliance Officer I/II 2.00 - - - 2.00 1.00 1.00 1.00 Permit Technician 1.00 - - - 1.00 - - -Counter Technician - - - - - 1.00 1.00 1.00Administrative Assistant - - - - - 1.00 0.50 0.50 Administrative Clerk 0.50 - - - 0.50 - - -
Department Total 5.00 - - - 5.00 4.50 4.00 4.00
Total Community & Economic Development 12.00 - - - 12.00 10.00 10.00 9.60Total FTE FY 2023-24 55.00 10.80 4.20 3.00 73.00 68.00 68.00 63.60 Total FTE FY 2022-23 50.85 9.35 4.00 3.80 68.00
Difference 4.15 1.45 0.20 (0.80) 5.00
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 22 Full-Time Equivalent (FTE) Distribution of Personnel
General
Fund
Sanitation
Fund
Refuse
Fund
Village
Assessment
District
FY 2023-24
Proposed
FY 2022-23
Amended
FY 2022-23
Adopted
FY 2021-22
Adopted
Title Changes & Reclassifications:
Director of Human Resources/City Clerk (1.00)Assistant City Manager 1.00 Deputy City Clerk / Public Information Officer (1.00)City Clerk 1.00 Administrative Analyst I/II (1.00)Senior Human Resources / Risk Management Analyst 1.00Code Compliance Officer I/II 4.00 Neighborhood Preservation Officer (4.00)Administrative Assistant (1.00)Code Compliance Technician 1.00 Administrative Analyst I/II (1.00)Executive Assistant 1.00 Director of Administrative Services (1.00)Deputy City Manager / Chief Financial Officer 1.00 Administrative Analyst I/II (1.00)Senior Accountant 1.00 Administrative Analyst I/II (1.00)Financial Analyst 1.00 Administrative Assistant (1.00)Accounting Technician 1.00 Deputy City Manager / Director of Public Works (1.00)Director of Public Services 1.00 Public Works Operations Manager (2.00)Public Works Manager-Capital Projects/Emergency Operations 1.00 Public Works Manager-Field Operations/Utilities 1.00
Street Maintenance - Maintenance Worker I/II/III (1.00)Public Works Supervisor 1.00 Director of Community Development (1.00)Director of Community & Economic Development 1.00 Director of Tourism Management (1.00)Economic Development Manager 1.00 Counter Technician (1.00)
Permit Technician 1.00
Reclassified Vacant Director of Tourism Management
Title Changed to Permit TechnicianTitle Changed from Counter TechnicianTitle Change from Administrative Analyst I/IITitle Change to Financial AnalystReclassified to Accounting TechnicianReclassified from Administrative Assistant Summary of Personnel Changes:
Title Changed to Assistant City ManagerTitle Changed to City ClerkTitle Changed from Deputy City Clerk/Public Information OfficerTitle Changed to Senior Human Resources Analyst I/IITitle Changed from Director of Human Resources/City ClerkReclassification from Administrative Analyst I/IITitle Changed to specify operational objectivesTitle Changed from Director of Community DevelopmentTitle Changed to Director of Community & Economic DevelopmentReclassified Vacant Street Maintenance Worker I/II/III Reclassified Vacant Position to Public Works SupervisorTitle Changed from Public Works Operations ManagerTitle Changed from Public Works Operations ManagerReclassified to Economic Development ManagerTitle Changed from Administrative Analyst I/II Title Changed to Deputy City Manager / Chief Financial OfficerTitle Changed from Director of Administrative ServicesReclassification to Senior AccountantTitle to Neighborhood Preservation Officer I/IITitle Changed from Code Compliance Officer I/IIReclassified from Administrative AnalystReclassified to Executive AssistantTitle Changed to Code Compliance TechnicianTitle Changed from Administrative AssistantReclassified from Director of Public ServicesReclassified to Deputy City Manager / Director of Public Works FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 23 Full-Time Equivalent (FTE) Distribution of Personnel
General
Fund
Sanitation
Fund
Refuse
Fund
Village
Assessment
District
FY 2023-24
Proposed
FY 2022-23
Amended
FY 2022-23
Adopted
FY 2021-22
Adopted
Title Changes & Reclassifications (continued):
Administrative Assistant (2.00)Permit Technician 1.00
Administrative Clerk 1.00
Adds to Staff:
Communications / Events Specialist 1.00
Human Resources Technician 1.00
Accountant I 1.00
Code Compliance Officer I/II 1.00
Wastewater - Collection Operator I/II/III 1.00
Total Change in FTEs 5.00
Reclassified to Administrative Clerk & Planning TechnicianReclassified from Administrative AssistantPublic Works / Waste ManagementReclassified Administrative AssistantHuman Resources / Risk ManagementCity Clerk / CommunicationsFinance / Treasury ServicesCommunity & Economic Development FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 24 General Fund Summary of Revenues & Expenditures
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedActual Actual Adopted Adjusted Projected Projected Adopted Difference % Diff Comments Property Taxes 4,469,118 4,733,428 5,076,700 5,076,700 5,045,600 5,452,700 376,000 7.4% Projected growth primarily due to property transfersSales and Use Tax 3,341,084 3,653,841 3,474,000 3,474,000 3,629,000 3,654,000 180,000 5.2% Continues to be a stable revenue sourceTransient Occupancy Tax 8,374,507 8,641,135 5,001,000 7,701,000 7,773,100 5,948,100 947,100 18.9% FY 22/23 ahead of budget ~ 50%; Growth moderating.Franchise Fees 797,268 821,782 830,000 830,000 880,000 880,000 50,000 6.0% Other Taxes 473,618 435,331 204,000 204,000 205,200 204,000 0 0.0% Subventions and Grants 128,558 0 500,000 625,000 625,000 0 (500,000) -100.0% Third-party contributions to capital improvements Building Permits and Fees 336,802 502,253 333,300 333,300 341,190 338,190 4,890 1.5% Licenses and Permits 835,208 1,767,031 1,515,500 1,515,500 1,518,600 1,495,000 (20,500) -1.4% Fines and Forfeitures 121,840 302,589 100,000 100,000 237,000 185,000 85,000 85.0% Use of Property and Money 111,821 23,221 131,000 131,000 161,000 161,000 30,000 22.9% Current Service Charges 646,603 649,410 665,000 465,000 591,900 564,400 (100,600) -15.1% BBMR TMP no longer a pass-through arrangement Miscellaneous Revenue 329,001 512,027 297,430 297,430 297,430 297,430 0 0.0% Other Financing Sources 0 70,325 0 0 0 0 0%Transfer In Traffic Safety [260] 125,160 289,920 130,000 130,000 233,339 220,000 90,000 69.2% Transfer In Gas Tax [270] 535,390 661,172 416,570 416,570 505,304 1,144,980 728,410 174.9% Includes snow removal reimbursement Transfer In Measure I Local [276] 80,000 80,000 80,000 80,000 80,000 80,000 0 0.0% Transfer In Sanitation [250] 150,000 150,000 150,000 150,000 150,000 150,000 0 0.0%Transfer In Refuse [550] 105,000 105,000 105,000 105,000 105,000 105,000 0 0.0%Transfer In COPS [770] 7,434 98,745 100,000 255,000 255,000 100,000 0 0.0%Transfer In Grants [299] 0 0 0 173,390 173,390 0 0% Total Revenues $ 20,968,411 $ 23,497,212 $ 19,109,500 $ 22,062,890 $ 22,807,053 $ 20,979,800 $ 1,870,300 9.8%Direct Labor 6,036,566 6,413,444 7,644,400 7,464,400 6,572,100 8,647,700 1,003,300 13.1% Includes organizational restructuring & staffing additions Supplies 530,168 429,145 574,450 676,750 718,539 669,650 95,200 16.6% FY 22/23 winter storm supplies & EOC provisionsOther Services & Charges 3,513,033 3,295,482 4,315,650 5,379,549 5,592,273 4,964,460 648,810 15.0% FY 22/23 winter storm net of proposed Gen. Plan set-asideLaw Enforcement Services 4,694,699 5,178,790 5,718,400 5,673,400 5,673,100 6,198,900 480,500 8.4% FY 22/23 BBMR responsible for TMP. FY 23/24 add deputyCapital Outlay 330,265 514,459 565,000 672,570 648,500 770,000 205,000 36.3% Prior years snow removal attachments & lighting repairsCapital Lease Payments 106,627 17,997 0 0 0 0 0% FY 21/22 GASB copier lease entryInterfund Transfers to MTA [282] 0 100,000 100,000 100,000 100,000 0 (100,000) -100.0% Contribution to No-Fare Trolley two-year trialInterfund Transfers to Village [291] 115,615 145,397 183,250 183,250 183,250 1,595,003 1,411,753 770.4% Interfund Transfers to Capital [321] 143,081 293,968 1,935,000 2,259,347 1,444,403 3,220,000 1,285,000 66.4% Interfund Transfers to Streets [350] 256,485 605,300 771,000 4,045,540 4,058,027 996,000 225,000 29.2%Total Expenditures $ 15,726,541 $ 16,993,981 $ 21,807,150 $ 26,454,806 $ 24,990,191 $ 27,061,713 $ 5,254,563 24.1% $ 5,241,870 $ 6,503,231 $ (2,697,650) $ (4,391,916) $ (2,183,138) $ (6,081,913) $ (3,384,263) 125.5% $ 4,129,576 $ 9,493,142 $ 16,240,716 $ 16,240,716 $ 16,240,716 $ 13,800,504 $ (2,440,212) -15.0% Net Revenue (Expenditure) 5,241,870 6,503,231 (2,697,650) (4,391,916) (2,183,138) (6,081,913) (3,384,263) 125.5% Reflects investment in capital & street improvements Net Contributions From (To) Reserves 121,820 165,565 8,492 (291,508) (257,074) (765,000) (773,492) -9108.5% Component of Committed Fund BalanceChange in Nonspendable & Restricted (8,890) 65,147 0 0 0 0 0% GASB accounting entriesEnding Unrestricted Fund Balance $ 9,484,376 $ 16,227,084 $ 13,551,558 $ 11,557,292 $ 13,800,504 $ 6,953,591 $ (6,597,967) -48.7% $ 1,548,004 $ 1,426,184 $ 1,260,619 $ 1,260,619 $ 1,260,619 $ 1,517,693 $ 257,074 20.4% Contribution from Reserves (121,820) (165,565) (8,492) (8,492) (42,926) 0 8,492 -100.0% Contributions to Reserves 0 0 0 300,000 300,000 765,000 765,000 % Proposed set-aside for future expenditures Ending Commited Fund Balance $ 1,426,184 $ 1,260,619 $ 1,252,127 $ 1,552,127 $ 1,517,693 $ 2,282,693 $ 1,030,566 82.3% Total Available Fund Balance $ 10,919,326 $ 17,501,335 $ 14,803,685 $ 13,109,419 $ 15,318,197 $ 9,236,284 $ (5,567,401) -37.6%Net Revenue (Expenditure)RevenuesExpenditures Refer to Capital Improvement Plan for detailed project information and funding Committed Fund BalanceUnrestricted Fund Balance
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 25
GENERAL FUND RESOURCES
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110
Property Taxes
3110 Current Secured Taxes 3,088,927 3,241,488 3,551,900 3,551,900 3,551,600 3,840,200 288,300 8.1% Projected 22/23 Teeter allocation; FY 23/24 assessed valuation ^ 10% primarily due to ownership changes. 3113 RDA Residual Balance RR09 289,406 317,262 291,000 291,000 291,000 295,700 4,700 1.6%3114 RDA Residual Balance RR10 49,642 54,894 49,500 49,500 49,500 50,200 700 1.4%3120 Current Unsecured Taxes 117,552 116,149 180,700 180,700 180,700 190,700 10,000 5.5% 3125 Suppl Roll Prtx Current Year 57,844 87,914 52,600 52,600 0 63,500 10,900 20.7% 3126 Unitary Tax 99,285 100,961 99,300 99,300 116,500 101,000 1,700 1.7% Projected 22/23 Teeter allocation; FY 23/24 expected to remain relatively flat 3130 Prior Year Taxes 1,350 95 0 0 0 0 0 %
3132 Suppl Roll Prtx Prior Year 24,874 30,123 25,100 25,100 26,700 26,800 1,700 6.8%3134 Penalties On Taxes 5,015 4,957 4,500 4,500 4,500 4,600 100 2.2%3145 Property Tax in Lieu of VLF 644,547 675,860 741,400 741,400 744,400 798,000 56,600 7.6% 2004 VLF Swap; Based on HdL data 3363 RDA Sharing Agreement RR09 76,683 86,957 68,600 68,600 68,600 69,700 1,100 1.6% 3364 RDA Sharing Agreement RR10 13,992 16,768 12,100 12,100 12,100 12,300 200 1.7% Total Property Taxes 4,469,118 4,733,428 5,076,700 5,076,700 5,045,600 5,452,700 376,000 7.4% Sales Tax
3210 Sales Tax 3,341,084 3,653,841 3,474,000 3,474,000 3,629,000 3,654,000 180,000 5.2% Total Sales Tax 3,341,084 3,653,841 3,474,000 3,474,000 3,629,000 3,654,000 180,000 5.2%Transient Occupancy Tax (TOT) 3220 Transient Occupancy Tax (TOT) 8,079,481 8,176,431 4,771,000 7,471,000 7,462,200 5,710,200 939,200 19.7% FY 20/21 & 21/22 reflect high visitation. FY 22/23 projected ~ + 50% ahead of budget based on results through 4Q2022. FY 23/24 budget + 18% over FY 22/23 adopted budget assuming growth experienced during COVID will continue to moderate. 3221 TOT - Curr FY Prior Periods 223,215 357,024 130,000 130,000 233,200 178,400 48,400 37.2% 3222 TOT - Prior Fiscal Year 71,812 107,680 100,000 100,000 77,700 59,500 (40,500) -40.5% Total Transient Occupancy Tax 8,374,507 8,641,135 5,001,000 7,701,000 7,773,100 5,948,100 947,100 18.9%Franchise Fees 3250 Franchises 797,268 821,782 830,000 830,000 880,000 880,000 50,000 6.0% Big Bear Disposal, Spectrum, Bear Valley Electric & Southwest Gas Total Franchise Fees 797,268 821,782 830,000 830,000 880,000 880,000 50,000 6.0% Redevelopment dissolution residual revenue distribution (i.e., tax increment remaining after enforceable obligations have been paid). Obligations will be fully extinguished August 2029.Delinquent collections based on trend.Based on historical trend, year-to-date activity, and industry projections through 4th quarter 2022.Revenue not guaranteed through Teeter Program. Projection based on trend.
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 26
GENERAL FUND RESOURCES
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110
Other Taxes
3235 Doc Transfer Tax 443,361 403,353 170,000 170,000 170,000 170,000 0 0.0% Property ownership transfers 3310 Motor Vehicle Inlieu Tax 3,818 5,995 4,000 4,000 5,200 4,000 0 0.0% SB 89 transferred VLF allocation to law enforcement grants effective 7/1/2011. Only excess under R&T11001.5(b) continues to be allocated to cities. 3370 Homeowners Exemption 26,440 25,984 30,000 30,000 30,000 30,000 0 0.0% Mobile home owners' exemption through County Assessor Total Other Taxes 473,618 435,331 204,000 204,000 205,200 204,000 0 0.0% Subventions and Grants
3380 CARES Act-Coronoavirues Relief 128,558 0 0 0 0 0 0 % For grants refer to Fund 299 3383 MWD Boardwalk Contribution 0 0 500,000 500,000 500,000 0 (500,000) -100.0% 3384 Inter-Agency Cap Contr TIMF 0 0 0 125,000 125,000 0 0 % Total Subventions and Grants 128,558 0 500,000 625,000 625,000 0 (500,000) -100.0% Building Permits and Fees
3410 Building Permits 142,625 199,643 140,000 140,000 144,890 144,890 4,890 3.5% 3412 Plumbing Permits 6,819 15,055 9,300 9,300 9,300 9,300 0 0.0% 3413 Electrical Permits 25,475 36,839 20,000 20,000 23,000 20,000 0 0.0% 3414 Mechanical Permits 3,132 5,679 4,000 4,000 4,000 4,000 0 0.0% 3722 Plan Ck /Review 158,750 245,037 160,000 160,000 160,000 160,000 0 0.0% Total Building Permits and Fees 336,802 502,253 333,300 333,300 341,190 338,190 4,890 1.5%Licenses and Permits 3230 Business Permit Renewals 2,318 41,470 52,500 52,500 41,000 41,000 (11,500) -21.9%3231 Business Permit Penalties 1,200 4,253 5,000 5,000 4,000 4,000 (1,000) -20.0% 3411 Streetcut/Encroachment Permits 19,386 30,841 30,000 30,000 30,000 30,000 0 0.0% 3418 Grading Permits 774 1,198 0 0 0 0 0 %
3420 Mobile Home Annual Permit 4,637 4,961 5,000 5,000 4,600 0 (5,000) -100.0% 3421 Mobile Home Annual MRLPP Fees 2,980 2,570 3,000 3,000 3,000 0 (3,000) -100.0%3458 Engineering Service Fees 6,517 5,135 6,000 6,000 18,000 6,000 0 0.0% 3459 Planning Service Fees 49,214 65,471 65,000 65,000 65,000 65,000 0 0.0% 3468 Sign Permit 406 986 1,000 1,000 1,000 1,000 0 0.0% 3482 Film Permit Fee 1,618 3,063 3,000 3,000 3,000 3,000 0 0.0% 3491 Vacation Rental Fees 693,056 1,575,050 1,320,000 1,320,000 1,320,000 1,320,000 0 0.0%3756 Bsns Lic Application Fee 53,102 32,034 25,000 25,000 29,000 25,000 0 0.0% Total Licenses and Permits 835,208 1,767,031 1,515,500 1,515,500 1,518,600 1,495,000 (20,500) -1.4% One-time contributions for capital improvement projectsState responsibility beginning FY 23/24FY 20/21 license renewals fees waived to aid COVID-19 recovery. FY 21/22 consolidated vacation rental license fee.FY 21/22 vacation rental license fees included in registration fee. Separate license no longer required.
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 27
GENERAL FUND RESOURCES
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110
Fines and Forfeitures
3523 Recovery of Code Costs/VR 113,190 277,003 80,000 80,000 200,000 150,000 70,000 87.5% Vacation rental enforcement 3524 Recovery of Code Costs/Other 0 20,486 10,000 10,000 25,000 25,000 15,000 150.0% Non-vacation rental citations3729 Vehicle Recovery Fee 8,650 5,100 10,000 10,000 12,000 10,000 0 0.0% Total Fines and Forfeitures 121,840 302,589 100,000 100,000 237,000 185,000 85,000 85.0% Use of Money and Property
3611 Interest On Bank Deposits 25,325 48,052 20,000 20,000 50,000 50,000 30,000 150.0%3612 Other Interest 833 28,543 1,000 1,000 1,000 1,000 0 0.0% 3618 TOT - Penalties and Interest 49,122 70,485 40,000 40,000 40,000 40,000 0 0.0%3620 Rent -PAC Facility and Eqt 245 4,465 15,000 15,000 15,000 15,000 0 0.0% User group rental fees 3621 Rental Income 3,737 6,525 5,000 5,000 5,000 5,000 0 0.0% Easements & event rental fees3622 Rent/Options - Cell Tower 51,946 49,620 50,000 50,000 50,000 50,000 0 0.0% Per rental agreements3638 Change in Fair Market Value (19,387) (184,468) 0 0 0 0 0 % GASB entry; not budgeted Total Use of Money and Property 111,821 23,221 131,000 131,000 161,000 161,000 30,000 22.9% Current Service Charges
3385 Blvd. Snow Removal Reimbursem 107,151 101,492 80,000 80,000 160,000 80,000 0 0.0% Caltrans boulevard snow removal reimbursement. Offset in 110-4320-2291 3723 Inspection Fee 58,065 67,119 60,000 60,000 60,000 60,000 0 0.0%3743 Electric Vehicle Charging Fee 0 0 0 0 10,000 72,000 72,000 % Charging stations installed FY 22/233749 Use of Personnel/Equipment 0 200 0 0 0 0 0 % 3750 Contracted Reimbursements 151,230 134,197 200,000 0 0 0 (200,000) -100.0% Sheriff services pass through to Big Bear Mountain Resort for traffic management. Offset expenditure in account 110-4250-2310. FY 22/23 BBMR assumed responsibility for TMP. 3751 Admin Service City Depts 260,000 260,000 260,000 260,000 260,000 260,000 0 0.0% $125K Sanitation and $135K Refuse3753 Administrative Overhead - TBID 70,157 85,703 60,000 60,000 96,400 87,400 27,400 45.7% BBLTBID Administration Fee equal to 1% of BBLTBID Assessments plus penalties and interest collected from delinquent accounts. 3754 Candidate Statement Fees 0 0 0 0 500 0 0 %
3771 Ticket Sales-Performing Arts 0 700 5,000 5,000 5,000 5,000 0 0.0% Ticket handling fees Total Current Service Charges 646,603 649,410 665,000 465,000 591,900 564,400 (100,600) -15.1%Miscellaneous Revenue 3730 Sale-Maps/Publications 14 0 0 0 0 0 0 % Photocopy service 3731 Miscellaneous Revenue 13,424 633 10,000 10,000 10,000 10,000 0 0.0%3732 Cash Over/Short 349 1,222 0 0 0 0 0 % 3733 Sale Of Taxable Items 2,263 2,298 2,000 2,000 2,000 2,000 0 0.0% Sale of snow poles FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 28
GENERAL FUND RESOURCES
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110
3736 Admin Allow State Passthru Fee 252 502 430 430 430 430 0 0.0% Pursuant to State regulations,
administrative fees associated with the
collection of CA pass‐through fees for
disability access and building standards
development programs are to be retained
by the local jurisdiction.
3755 Refunds and Reimbursements 61,007 248,273 35,000 35,000 35,000 35,000 0 0.0%3757 Successor Admin Allowance 234,115 250,000 250,000 250,000 250,000 250,000 0 0.0% ABx1 26 effective 2/1/2011, Successor Agency annual allowance for costs associated with the dissolution of the former Big Bear Lake Improvement Agency. 3912 Sale of Property and Equipment 17,578 9,100 0 0 0 0 0 % Total Miscellaneous Revenue 329,001 512,027 297,430 297,430 297,430 297,430 0 0.0% Other Financing Sources
3940 GASB 87 Leases 0 70,325 0 0 0 0 0 % GASB accounting entry is not budgeted Total Other Financing Sources 0 70,325 0 0 0 0 0 %
Total Revenue before Reserves / Transfers 19,965,427 22,112,375 18,127,930 20,752,930 21,305,020 19,179,820 1,051,890 0 0 Interfund Transfers
4103 Transfer In-Gas Tax (270) 535,390 661,172 416,570 416,570 505,304 1,144,980 728,410 174.9% Based on latest estimate from California City Finance & snow reimbursement est. 4106 Transfer In-Traf Safety (260) 125,160 289,920 130,000 130,000 233,339 220,000 90,000 69.2% Vehicle fines transferred in for code and law enforcement effort4111 Transfer In-Sanitation (250) 150,000 150,000 150,000 150,000 150,000 150,000 0 0.0% Street maintenance / pavement impact4114 Transfer In-COPS (770) 7,434 98,745 100,000 255,000 255,000 100,000 0 0.0% Restricted for front-line law enforcement4117 Transfer In-Meas I Local (276) 80,000 80,000 80,000 80,000 80,000 80,000 0 0.0% Categorical street maintenance4119 Transfer In-Refuse (550) 105,000 105,000 105,000 105,000 105,000 105,000 0 0.0% Street maintenance / pavement impact4125 Transfer In-Grants (299) 0 0 0 173,390 173,390 0 0 % Grant administration Total Interfund Transfers 1,002,984 1,384,837 981,570 1,309,960 1,502,033 1,799,980 818,410 83.4% Contributions from Reserves
4110 Contribution from Reserves 0 0 8,492 8,492 42,926 0 (8,492) -100.0% Refer to Capital Improvement Plan Total Contributions from Reserves 0 0 8,492 8,492 42,926 0 (8,492) -100.0% Total Transfers In & Use of Reserves 1,002,984 1,384,837 990,062 1,318,452 1,544,959 1,799,980 809,918 81.8%Total Resources 20,968,411 23,497,212 19,117,992 22,071,382 22,849,979 20,979,800 1,861,808 9.7% FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 29
GENERAL FUND EXPENDITURES BY DEPARTMENT
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedActual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Management Services
City Council 4110 176,332 $ 207,294 $ 238,100 $ 238,000 $ $ 261,911 $ 262,800 $ 10.4% 24,700 Signature Events & Strategic Planning Services City Manager 4120 270,846 374,494 319,650 319,600 254,700 325,200 5,550 1.7%City Attorney 4170 323,009 368,309 370,000 476,000 480,000 462,000 92,000 24.9% Legal advertisements & Municipal Code EnforcementLaw Enforcement 4250 4,694,699 5,178,790 5,718,400 5,673,400 5,673,100 6,198,900 480,500 8.4% Includes enhanced services with add of deputyInformation Technology 4810 363,080 420,389 448,300 552,800 577,500 715,200 266,900 59.5% Capital Outlay for system enhancementsCity Clerk / Communications 4130 330,380 436,897 512,300 510,200 459,003 745,100 232,800 45.4% Outreach & Website UpdateHuman Resources / Risk Management 4150 1,081,051 333,414 411,450 977,950 989,750 1,126,150 714,700 173.7% Risk Management moved from Dept. 4800Tourism Registration / Administration 4414 527,337 436,355 546,300 - - - (546,300) -100.0% Neighborhood Preservation 4415 586,060 862,488 1,044,900 1,512,200 1,086,302 1,189,700 144,800 13.9% Performing Arts Center (PAC) Administration 4610 58,966 63,121 65,500 65,500 75,300 87,400 21,900 33.4% Organizational changes Total $ 8,411,760 $ 8,681,552 $ 9,674,900 $ 10,325,650 $ 9,857,566 $ 11,112,450 $ 1,437,550 14.9% Finance / Treasury Services
Finance 4140 290,687 $ $ 344,104 $ 492,700 $ 507,850 $ 508,400 $ 845,800 $ 353,100 71.7% Organizational changes & Master fee study General Government / Risk Management 4800 346,186 835,100 934,600 314,900 319,000 285,100 -69.5% (649,500) Risk Management moved to Dept. 4150Successor Administration 4801 337,186 193,770 249,000 249,000 250,000 250,000 1,000 0.4% Total $ 974,059 $ 1,372,974 $ 1,676,300 $ 1,071,750 $ 1,077,400 $ 1,380,900 $ (295,400) -17.6% Public Works
Engineering 4310 419,722 467,847 547,650 603,049 651,150 896,950 $ 349,300 63.8% Organizational changes & Emergency Plan revision Traffic Utilities 4230 $ 10,623 $ 10,569 $ 13,000 $ 13,000 13,000 16,000 3,000 23.1%Animal Regulation 4260 52,008 64,271 62,700 62,700 55,200 59,700 (3,000) -4.8% Street Maintenance & Snow Removal 4320 2,344,572 1,980,919 2,448,210 3,672,080 3,548,760 2,683,260 235,050 9.6% Sidewalk repairs & increased cost of materials Vehicle Maintenance 4325 225,975 229,214 201,100 201,100 207,120 217,300 16,200 8.1% Street Lighting 4330 95,465 80,900 86,900 86,900 86,900 108,500 21,600 24.9% City Parking Lots / Chamber Building 4335 225,306 226,333 311,550 311,550 312,650 443,700 132,150 42.4% Includes vehicle charging stations City Parks & Trails 4625 390,495 550,332 757,500 775,500 673,900 1,050,700 293,200 38.7% Contractual services & maintenance projectsCivic Center 4820 349,515 296,837 309,100 316,650 450,176 456,700 147,600 47.8% PAC Operations & Maintenance 4821 92,461 111,271 214,800 214,800 229,300 234,700 19,900 9.3% Total $ 4,206,142 $ 4,018,493 $ 4,952,510 $ 6,257,329 $ 6,228,156 $ 6,167,510 $ 1,215,000 24.5% Community & Economic Development
Planning Commission 4411 $ 28,255 $ 35,489 $ 31,650 $ 31,500 $ 31,500 $ 31,500 $ (150) -0.5% Planning & Economic Development 4410 1,045,024 1,103,675 1,662,050 1,360,050 1,232,400 1,419,550 (242,500) -14.6% Includes Retail Strategies agreement Building and Safety 4430 546,119 637,134 820,490 820,390 777,490 1,138,800 318,310 38.8% Includes add of Code Compliance Officer Total $ 1,619,398 $ 1,776,298 $ 2,514,190 $ 2,211,940 $ 2,041,390 $ 2,589,850 $ 75,660 3.0% Expenditures before Reserves / Transfers $ 15,849,317 15,211,360 $ 18,817,900 $ 19,866,669 $ 19,204,511 $ 21,250,710 $ 2,432,810 $ 12.9% Reserves/ Interfund Transfers
Replacement Reserve 4831 - $ - $ - $ 300,000 $ 300,000 765,000 $ % 765,000 Includes proposed set-aside for future expenditures General Fund Transfers 4850 515,181 1,144,665 2,989,250 6,588,137 5,785,680 5,811,003 2,821,753 94.4% Includes investment in capital improvements Total $ 515,181 $ 1,144,665 $ 2,989,250 $ 6,888,137 $ 6,085,680 $ 6,576,003 $ 3,586,753 120.0% Grand Total $ 16,993,981 15,726,541 $ 21,807,150 $ 26,754,806 $ 25,290,191 $ 27,826,713 $ 6,019,563 $ 27.6% Consolidated Dept. 4414 & 4415Includes utility rate adjustmentsIncludes utility rate adjustments FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 30
CITY COUNCIL
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110ExpensesDepartment 4110
Direct Labor Costs
0010 Salaries 30,596 29,588 30,000 30,000 30,000 30,000 0 0.0% 0080 Direct Benefits 91,594 102,561 84,800 84,800 88,000 89,100 4,300 5.1% Total Direct Labor Costs 122,190 132,149 114,800 114,800 118,000 119,100 4,300 3.7% Supplies
1400 Office Expense 107 22 500 600 711 500 0 0.0%1430 Special Dept Expense 1,137 2,489 14,000 14,000 14,000 14,000 0 0.0% Total Supplies 1,244 2,510 14,500 14,600 14,711 14,500 0 0.0% Other Services and Charges
2120 Telephone 487 546 600 600 600 600 0 0.0%
2170 Printing 67 13 100 0 100 100 0 0.0%2190 Postage Charges 40 31 100 0 0 0 (100) -100.0% Moved to Dept. 4800 2240 Professional Services 0 0 0 0 20,000 20,000 20,000 % Strategic Planning & Other Services2640 Memberships and Dues 4,429 4,562 5,000 5,000 5,500 5,500 500 10.0% League of California Cities membership2660 Nondiscretionary Training 1,719 13,529 5,000 0 0 0 (5,000) -100.0% FY 22/23 consolidated training costs into account #26702661 Meetings - Non Travel 2,534 3,376 6,000 6,000 6,000 6,000 0 0.0%2670 Councilmember Training 0 1,221 9,000 14,000 14,000 14,000 5,000 55.6% 2680 Mileage 0 356 1,000 1,000 1,000 1,000 0 0.0%2681 Interagency Support 17,000 17,000 17,000 17,000 17,000 17,000 0 0.0% Contribution to Southern California Mountains Foundation to help support a paid trails position 2684 Signature Event Sponsorship 0 0 0 0 0 0 0 %
Moved from Dept. 4414.Includes July 4 & Labor Day (CHP & Law Enforcement Traffic Control for fireworks displays), Halloween & Christmas in the Village, & Tour de Big Bear support 2685 Community Sponsored Programs 25,623 32,000 40,000 40,000 40,000 40,000 0 0.0% General Fund monies to support local community-based organizations. Annual CDBG funding offset. 2688 City Council Contingency 1,000 0 25,000 25,000 25,000 25,000 0 0.0% Annual baseline budget $25K. Past uses include: Outdoor Writers Association, Special Olympics, Rose Parade Entry, Dick Kun Commemorative Statue & American Patriot Music Project.
Total Other Services and Charges 52,898 72,634 108,800 108,600 129,200 129,200 20,400 18.8% Total Expenses 176,332 207,294 238,100 238,000 261,911 262,800 24,700 10.4% FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 31
CITY MANAGER
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110ExpensesDepartment 4120
Direct Labor Costs
0010 Salaries 186,873 313,889 191,100 191,100 171,200 206,100 15,000 7.8% 0020 Salaries - Overtime 0 0 0 0 0 5,000 5,000 %0080 Direct Benefits 74,617 43,859 98,300 98,300 0 96,700 (1,600) -1.6% 0090 Direct Benefits - Cafeteria 0 0 0 0 68,600 0 0 %0091 Automobile Allowance 5,045 3,642 5,000 5,000 0 0 (5,000) -100.0% Total Direct Labor Costs 266,536 361,390 294,400 294,400 239,800 307,800 13,400 4.6% Supplies
1400 Office Expense 1,375 1,716 1,000 1,000 1,000 1,000 0 0.0% 1430 Special Dept Expense 85 8,401 16,000 16,000 5,000 7,500 (8,500) -53.1% Total Supplies 1,461 10,117 17,000 17,000 6,000 8,500 (8,500) -50.0% Other Services and Charges
2120 Telephone 428 261 0 0 0 0 0 %
2190 Postage Charges 2 0 50 0 0 0 (50) -100.0%
2640 Memberships and Dues 1,820 1,800 1,800 1,800 1,800 1,800 0 0.0% California City Management Foundation (CCMF) and International City/County Management Association (ICMA) 2650 Publications 268 217 1,100 1,100 1,100 1,100 0 0.0%2660 Travel-Conferences and Meeting 0 (519) 5,000 5,000 5,000 5,000 0 0.0% 2661 Meetings - Non Travel 333 1,229 300 300 1,000 1,000 700 233.3% Total Other Services and Charges 2,850 2,988 8,250 8,200 8,900 8,900 650 7.9% Total Expenses 270,846 374,494 319,650 319,600 254,700 325,200 5,550 1.7% Moved to Dept. 4800
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 32
CITY ATTORNEY
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110ExpensesDepartment 4170
Other Services and Charges
2110 Advertising - Legal 0 0 0 26,000 30,000 30,000 30,000 % Consolidated all legal advertisements into one account FY 22/23. 2244 Prof Services- Legal BB and K 323,009 368,309 370,000 370,000 370,000 402,000 32,000 8.6% 2252 Prof. Services- Other Attorney 0 0 0 80,000 80,000 30,000 30,000 % Moved municipal code enforcement services from Dept. 4415. FY 22/23 includes specialized legal services.
Total Other Services and Charges 323,009 368,309 370,000 476,000 480,000 462,000 92,000 24.9% Total Expenses 323,009 368,309 370,000 476,000 480,000 462,000 92,000 24.9% FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 33
LAW ENFORCEMENT
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110ExpensesDepartment 4250
Other Services and Charges
2300 Contractual Services-Govt 4,395,347 4,937,238 5,412,000 5,412,000 5,412,000 6,093,000 681,000 12.6% See breakdown of costs on following page. FY 22/23 includes one additional deputy & enhanced support for City code compliance officers. FY 23/24 includes one additional deputy. 2301 Contract Services-OT 126,587 94,084 100,000 250,000 250,000 100,000 0 0.0% FY 21/22 added deputies during peak visitation (25 weekends); FY 22/23 includes winter storm overtime 2303 Cal ID Fingerprinting 6,444 6,143 6,400 6,400 6,100 5,900 (500) -7.8% County CAL-ID Program Assessment2305 COPS Grant Expenditures 7,434 4,662 0 5,000 5,000 0 0 % Law Enforcement equipment purchases funded from State COPS subvention funds2310 Contract Svcs - Reimb BBMR 158,886 136,663 200,000 0 0 0 (200,000) -100.0% Sheriff services pass through to Big Bear Mountain Resort for traffic management. Offset in revenue account 110-0000-3750. FY 22/23 BBMR assumed responsibility for TMP.
Total Other Services and Charges 4,694,699 5,178,790 5,718,400 5,673,400 5,673,100 6,198,900 480,500 8.4% Total Expenses 4,694,699 5,178,790 5,718,400 5,673,400 5,673,100 6,198,900 480,500 8.4% FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 34
LAW ENFORCEMENT
Government Contract110-4250-2300
2022-23 2023-24 Description 2022-23 2023-24 Notes
0.47 0.50 Lieutenant 165,286 $ 199,658 $ 34,372 $ 21% (1)
2.00 2.00 Sergeant 601,660 677,664 76,004 13% (1)
1.11 1.11 Detective/Corporal 280,844 316,050 35,206 13% (1)
9.97 9.97 Deputy Sheriff 2,151,905 2,360,946 209,041 10% (1)
3.00 4.00 Deputy Sheriff (non-relief) 647,514 947,220 299,706 46% (1)
2.00 2.00 Sheriff's Service Specialist 172,462 175,222 2,760 2% (1)
2.82 3.02 Office Specialist 223,742 244,073 20,331 9% (1)
0.32 0.00 Motor Pool Services Assistant 28,262 - (28,262) -100% (1)
6.00 7.00 Marked Units 123,664 148,882 25,218 20% (2)
2.00 2.00 Unmarked Unit 14,859 15,936 1,077 7% (2)
2.00 2.00 Pickup Truck 16,181 16,937 756 5% (2)
1.00 1.00 Truck - Donated 1,625 1,613 (12) -1% (3)
1.00 1.00 Citizen Patrol Donated SUV (Equip & Comm Only) 1,625 1,613 (12) -1% (3) Dispatch Services 240,743 281,223 40,480 17% (1)
Dispatch Services (City Code Enforcement) 17,312 18,882 1,570 9% (1)
17.00 18.00 HTs (Amortization, Access & Maintenance) 23,953 25,146 1,193 5%14.00 15.00 Taser Replacement (Amortized over 5-Years) 4,704 5,040 336 7% Administrative Support 31,348 24,204 (7,144) -23%
Office Automation 67,962 57,834 (10,128) -15%
Services & Supplies 25,344 - (25,344) -100%
Vehicle Insurance 57,774 12,855 (44,919) -78%
Personnel Liability & Bonding 154,112 325,774 171,662 111% Workers' Comp Experience Modification 17,507 30,449 12,942 74% Law Enforcement Experience Modification 84,109 - (84,109) -100% County Administrative Cost 141,667 85,816 -39 (55,851) % Startup Costs 9,866 - -100% (9,866)
CONTRACT (excluding fuel & maintenance cost): $ 5,306,030 $ 5,973,037 $ 667,007 13% (1) Estimated quarterly costs $ 105,970 $ 119,963 $ 13% (4) 13,993 Total Contractual Services - Government Contract $ 5,412,000 $ 6,093,000 $ 681,000 13% Notes:
(1) Personnel costs include salary and benefits and are subject to change by County Board of Supervisors' action.
Level of Service includes the addition of one non-relief deputy with additional unit, equipment and support charges. (2) Vehicle costs do not include fuel and maintenance. Fuel, repair and maintenance costs incurred will be charged to the City quarterly.(3) No replacement cost is included for donated and grant-funded or donated vehicles.(4) Includes estimated fuel, vehicle maintenance, services & supplies.
LEVEL OF SERVICE
Difference
FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 35
INFORMATION TECHNOLOGY
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110ExpensesDepartment 4810
Direct Labor Costs
0010 Salaries 48,357 57,802 53,300 53,300 51,600 63,000 9,700 18.2% 0080 Direct Benefits 31,139 33,183 30,200 30,200 24,800 32,200 2,000 6.6%0090 Direct Benefits - Cafeteria 7,804 9,033 8,400 8,400 6,200 0 (8,400) -100.0% 0091 Automobile Allowance 1,441 1,444 1,400 1,400 1,400 0 (1,400) -100.0% Total Direct Labor Costs 88,741 101,463 93,300 93,300 84,000 95,200 1,900 2.0% Other Services and Charges
2120 Telephone-Internet 622 672 0 70,000 70,000 70,000 70,000 % Cell phones, landlines & internet 2200 Rent/Lease Payable 0 0 0 26,000 30,000 30,000 30,000 % Copier Lease moved from Dept. 48002242 Maintenance / Support 242,684 263,836 280,000 280,000 310,000 365,000 85,000 30.4% Annual license fees, software maintenance agreements, technical support, network security and maintenance services Total Other Services and Charges 243,306 264,508 280,000 376,000 410,000 465,000 185,000 66.1%Capital Outlay 3951 Computer Equip and Software 31,033 54,418 75,000 83,500 83,500 155,000 80,000 106.7% FY 23/24 ruggedized tablets for Code, ticket printing solution at reception desk, analysis of AB 2234 permit system requirements, Laserfiche migration Total Capital Outlay 31,033 54,418 75,000 83,500 83,500 155,000 80,000 106.7% Total Expenses 363,080 420,389 448,300 552,800 577,500 715,200 266,900 59.5% FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 36
CITY CLERK / COMMUNICATIONS
2020-21 2021-22 2022-23 2022-23 2022-23 2023-24 ProposedAcct # Title Actual Actual Adopted Adjusted Projected Proposed Adopted % Diff Comments Fund 110ExpensesDepartment 4130
Direct Labor Costs
0010 Salaries 168,357 206,295 296,800 241,800 210,200 348,700 51,900 17.5% 0020 Salaries - Overtime 0 0 0 0 5,000 5,000 5,000 %0030 Wages Part-Time 0 0 0 0 0 0 0 % 0080 Direct Benefits 84,500 98,402 150,500 115,500 92,600 178,100 27,600 18.3% 0090 Direct Benefits - Cafeteria 14,577 13,629 14,200 14,200 12,900 5,500 (8,700) -61.3% 0091 Automobile Allowance 3,630 3,611 3,600 3,600 3,600 1,400 (2,200) -61.1% Total Direct Labor Costs 271,064 321,937 465,100 375,100 324,300 538,700 73,600 15.8%Supplies 1400 Office Expense 2,525 4,737 3,500 3,700 5,000 5,000 1,500 42.9% 1430 Special Dept Expense 675 1,641 1,000 1,000 1,000 1,000 0 0.0% Total Supplies 3,201 6,378 4,500 4,700 6,000 6,000 1,500 33.3% Other Services and Charges
2110 Advertising 24,791 25,852 0 0 0 0 0 % Legal Ads Moved to Dept. 4170 2111 Promotions 45 0 0 5,000 5,000 15,000 15,000 % Outreach & communications2120 Telephone 727 790 0 0 0 0 0 % Moved to Dept. 48002170 Printing 4,568 6,194 5,200 15,200 15,000 15,000 9,800 188.5% Codification of Ordinances & Snow Removal Guide2190 Postage Charges 283 93 600 0 0 0 (600) -100.0% Moved to Dept. 48002226 Armed Forces Banner Program 0 0 0 7,000 5,000 3,200 3,200 % Moved from Dept. 4625. FY 22/23 projected cost to replace banners damaged by storms2240 Professional Services 18,730 27,624 30,000 46,500 46,500 85,500 55,500 185.0% Website hosting, film contract, public records request services. FY 22/23 added video productions. FY 23/24 includes a website update. 2300 Contractual Services 6,556 46,740 5,000 5,000 5,503 5,000 0 0.0% FY 21/22 included demographer services for redistricting & municipal code updates2640 Memberships and Dues 385 653 1,000 1,000 1,000 1,000 0 0.0% IIMC, Southern California City Clerk Association, Notary2650 Publications 30 60 200 0 0 0 (200) -100.0% Moved to Office Expense2680 Mileage 0 575 700 700 700 700 0 0.0% 2684 Signature Event Sponsorship 0 0 0 50,000 50,000 75,000 75,000 % Moved from Dept. 4414.Includes July 4 & Labor Day (CHP & Law Enforcement Traffic Control for fireworks displays), Halloween & Christmas in the Village, & Tour de Big Bear support Total Other Services and Charges 56,115 108,582 42,700 130,400 128,703 200,400 157,700 369.3% Total Expenses 330,380 436,897 512,300 510,200 459,003 745,100 232,800 45.4% FY 2023-24 Proposed Budget City Council Meeting June 14, 2023 37