Redding City Council
April 4, 2023

1. The State Water Board is authorized to provide funding under this Agreement pursuant to the following:
• Proposition 1 Small Community Grants and Drinking Water - Section 79720-79725 of the Water Code (Prop 1)

2. The State Water Board determines eligibility for financial assistance, determines a reasonab.le schedule for providing financial assistance; establishes compliance with the Prop 1, and establishes the terms and conditions of a funding agreement.

3. The Recipient has applied to the State Water Board for funding for the Project described in Exhibit A of this Agreement and the State Water Board has selected the application for funding through a competitive process.

4. The State Water Board proposes to assist in funding the costs of the Project, ,md the Recipient desires to participate as a recipient of financial assistance from the State Water Board, upon the terms and conditions set forth in this Agreement, all pursuant to Prop 1; NOW, THEREFORE, in consideration of the premises, mutual representations, covenants and agreements in this Agreement, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

1. Definitions.

Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
"Agreement" means this Grant, including all exhibits and attachments hereto. "Authorized Representative" means the duly appointed representative· of the Recipient as set forth in the certified original of the Recipient's authorizing resolution that designates the authorized representative by title.
"Days" means calendar days unless otherwise expressly indicated. "Disbursement Period" means the period during which Project Funds may be disbursed. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer the funding program(s) set forth in Section 1. "Eligible Start Date" means the date set forth in Exhibit B, establishing the date on or after which Project Costs may be incurred and eligible for reimbursement hereunder. "Final Disbursement Request Date" means the date established in Exhibit B, after which date, no further Project Funds disbursements may be requested.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year. "Force Account" means the use of the Recipient's own employees or resources for the Project. "GAAP" means generally accepted accounting principles, as issued by the Governmental Accounting Standards Board.

Packet Pg. 365 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

Agreement No. 01612806

"Grant Manager" means the person designated by the State Water Board to manage performance of the Agreement. The Grant Manager is set forth in Section 2 of this agreement. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project).
"Party Contact" means, for the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Grant Manager, or the Program Analyst.
"Policy" means the Proposition 1 Technical Assistance Funding Plan, as amended from time to time. "Project" means the Project as described in Exhibit A and in the documents incorporated by reference. "Project Completion" means, as determined by the Division, that the Project is complete to the reasonable satisfaction of the Division and is the last date on which Project Costs may be incurred. Work occurring after Project Completion is not eligible for reimbursement under this Agreement. "Project Costs" means the incurred costs of the Recipient which are eligible under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP.
"Project Director" mean.s an employee of the Recipient designated by the Authorized Representative to be responsible for the overall management of the administrative and technical aspects of the executed Agreement. The Project Director is set forth in Section 2 of this Agreement. "Project Funds" means funds disbursed by the State Water Board to the Recipient for purposes of this Agreement.
"Recipient" means University Enterprises, Inc.
"Regional Water Quality Control Board" or "Regional Water Board" means the appropriate Regional Water Quality Control Board.
"State" means State of California.
"State Water Board" means the State Water Resources Control Board, an administrative and regulatory agency of the State of California.
"Technical Assistance Recipient" means the small disadvantaged community or communities identified in the Work Plan(s).
"Work Completion" means the Recipient's submittal of all work set forth under Exhibit A for review and approval by the Division. The Division may require corrective work to be performed prior to Project Completion.
"Work Completion Date" means the date set forth in Exhibit A that is the last date on which all work or submittals in Exhibit A must be achieved.
"Year" means calendar year unless otherwise expressly indicated.

Packet Pg. 366 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR)

2. Party Contacts.

University Enterprises, Inc.

Agreement No. D1612806

The Party Contacts during the term of this Agreement are:

State Water Board Recipient
Section: Office of Sustainable Water Solutions
Name: Diana Conkle, Grant Manaaer Name: Monica Kaunninen, Proiect Director Address: 1001 I street Address: 6000 J Street,
Bookstore Buildina, Suite 3400
City, State, Zip: Sacramento, CA, 95814 Citv, State, Zio: Sacramento, CA, 95819-6111 Phone: /916) 341-5660 Phone: /916) 278-7380
Fax: /916) 341-5707 Fax: /916) 278-4886
Email: [email protected] Email: [email protected] The Recipient may change its Project Director upon written notice to the Grant Manager, which notice shall be accompanied by authorization from the Recipient's Authorized Representative. The State Water Board will notify the Project Director of any changes to its Party Contacts.

3., Exhibits and Appendices Incorporated.

The following exhibits and appendices to this Agreement, including any amendments and supplements h·ereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBIT A- SCOPE OF WORK

EXHIBIT B - FUNDING PROVISIONS

EXHIBIT C - STANDARD TERMS AND CONDITIONS

EXHIBIT D - SPECIAL CONDITIONS

4. Recipient Representations and Commitments.

The Recipient represents, warrants, and commits to the following as of the date signed by the Recipient and continuing thereafter for the tenn of the Agreement:
(a) General Commitments. The Recipient accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application, accompanying documents, and communications filed in support of its request for financial assistance and throughout the term of this Agreement. (b) Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
(c) No Violations. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by wihich Recipient is bound as of the date set forth on the first page hereof. (d) No Litigation. There are no pending or, to Recipient's knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the financial condition or operations of the Recipient and/or the Project.

Packet Pg. 367 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

Agreement No. D1612806

(e) Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. As of the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they become due.
(f) Legal Status and Eligibility. Recipient is duly organized and existing and in good standing under the laws of the State of California, and will remain so during the term of this Agreement.

Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under this Agreement for the term of this Agreement.
(g) Good Standing. The Recipient is currently in compliance with the state requirements set forth in Exhibit C. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with previous state audit disallowances.
(h) Insurance. Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example, but not necessarily limited to, General Liability, Automobile Liability, Worker's Compensation and Employer's Liability, Professional Liability.

5. Project Completion .
. The Recipient shall expeditiously proceed with and complete the Project in accordance with this Agreement.

6. Notice.
(a) The Recipient shall notify the Division in writing within five (5) working days of the occurrence of the following:
(1) Bankruptcy, insolvency, receivership or similar event of the Recipient; (2) Actions taken pursuant to state law in anticipation of filing for bankruptcy; (b) The Recipient shall notify the Division within 10 working days of the following:
(1) Any litigation pending or threatened against Recipient regarding its continued existence, consideration of dissolution, or disincorporation;
(c) The Recipient shall notify the Division promptly of the following:
(1) Any proposed change in scope of the Project. Most changes will require an amendment to this Agreement;
(2) Cessation of work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
(3) Any circumstance, combination of circumstances, or condition, which is expected to or does delay Work Completion for a period of ninety (90) days or more beyond the estimated date previously provided to the Division;
(4) Any monitoring activities such that the State Water Board and/or Regional Water Quality Control Board staff may observe and document such activities; Packet Pg. 368 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

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(5) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days' notice to the Division; or (6) Work Completion, and Project Completion.

7. No Obligation of the State; State Budget Act Contingency.

Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys appropriated by the State Legislature to the State Water Board from the special fund associated with this Agreement.

If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Recipient or to furnish any other considerations under this Agreement and Recipient shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for payment over any other recipient.

If this Agreement's funding for any Fiscal Year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to reflect the reduced amount.

Packet Pg. 369 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

Agreement No. D1612806

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

UNIVERSITY ENTERPRISES, INC.:

Name: Monica Kalippinen
Title: Director
Sponsored Programs Administration
l O / 2--.0/2_.o I b
Date: ----+----+--------- ' I

STATE WATER RESOURCES CONTROL BO
Name: Darrin Polhemus
Title: Deputy Director
Division of Financial Assistance
Packet Pg. 370 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR)

EXHIBIT A- SCOPE OF WORK
A.1 Completion Dates.

University Enterprises, Inc.

Agreement No. 01612806

The Work Completion Date is established as August 31, 2019. The Recipient shall deliver any request for extension of the Work Completion date no less than 90 days prior to the Work Completion Date. The Division will not unreasonably deny such a timely request, but the Division may deny requests received after this time.

A.2 Purpose.

This grant is for the benefit of the Recipient. This grant is for the benefit of the Technical Assistance Recipient identified in the Work Plan or Work Plans. Its purpose is for the provision of technical assistance to small disadvantaged communities to develop, fund, and implement their capital improvement projects.

A.3 Scope of Work.

The Recipient agrees to do the following:

The Division accepts requests for technical assistance on a continuous basis. The Division may refer eligible assistance requests (ARs) to the Recipient. After accepting an AR, the Recipient will determine what specific assistance it plans to provide and will submit a technical assistance Work Plan with estimated deliverables and due dates for Division approval. The technical assistance proposed in a given Work Plan shall be consistent with the general technical assistance tasks outlined below, and the grantee shall implement technical assistance consistent with Division-approved work plans, or amendments thereto, including timely submittal of deliverables within the approved Work Plan budget. Each approved Work Plan shall constitute an amendment to this Agreement and must be signed and dated by the Deputy Director of the Division or designee and the Authorized Representative, Project Director, or designee to be effective.
(a) Scoping: The purpose of this task is to define the project and prepare a work plan. (1) Characterize challenges and potential solutions
(2) Conduct kickoff meeting to discuss path forward
(3) Prepare project work plan
(b) Pre-Planning: The purpose of this task is to determine whether to consolidate or improve the water and/or wastewater system(s).
(1) Conduct Community Outreach
a. Prepare/implement outreach strategy
b. Assess community interest in the project
c. Conduct/document community meetings
d. Prepare/distribute communication materials
e. Conduct pre-project socio-economic assessment to establish baseline (2) Conduct a Median Household Income (MHI) Survey
Packet Pg. 371 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) (3) Evaluate Consolidation Feasibility
a. Identify potential facilities within a five-mile radius b. Initiate contact with candidate facility owners
c. Conduct cost-benefit analysis of consolidation construction University Enterprises, Inc.

Agreement No. D1612806

d. Evaluate organizatfon of restructured water and/or wastewater system(s) e. Prepare preliminary agreements to participate in facility consolidation f. Evaluate and document Local Agency Formation Commission (LAFCO) requirements g. Evaluate governance options
h. Facilitate decision-making process
i. Prepare consolidation commitments (e.g. board resolution) j. Assist with formation of new entity
(4) Conduct Technical, Managerial, and Financial Assessment and Assistance a. Evaluate whether water quality meets regulatory limits (either through review of existing data or through sampling and analysis')
b. Develop or update policy manual
c. Develop or update financial policy
d. Develop or update budget and projects/capital improvement and asset management plans
e. Develop or update operations and maintenance plans
f. Determine scope and budget for planning
g. Assist in preparing Drinking Water State Revolving Fund (DWSRF) and/or Clean Water State Revolving Fund (CWSRF) planning financing application h. Provide grant/funding administration
i. Assist in procurement of professional services
(c) Planning: The purpose of this task is to conduct or review studies and prepare or review conceptual, pre-, and final designs for the water and/or wastewater system improvements. (1) Conduct Community Outreach
a. Implement outreach strategy
b. Conduct/document community meetings
c. Prepare/distribute communication materials
Packet Pg. 372 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

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(2) Conduct Detailed Evaluation of Drinking Water Source, and Treatment and Distribution Systems
a. Water quality (raw supply and distribution system)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate b. Capacity (supply, treatment and storage)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate c. Leak detection and water audits
d. Condition assessment/expected facility life
e. Energy use/efficiency
(3) Identify Needed Water System Improvements
a. Additional source water (surface, ground or recycled) b. Facilities needing retrofitting (source, treatment, storage, distribution) c. Facilities needing replacement (source, treatment, storage, distribution) d. New facilities (source, treatment, storage, distribution) e. Identify and evaluate alternative solutions - consider non-cost and cost benefits and recommend solution(s)
(4) Conduct a Detailed Evaluation of Wastewater System
a. Wastewater quality (pre- and posHreafrnent)
b. Capacity (collection, treatment and disposal)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate c. Septic to sewer conversions
d. Leak detection
e. Condition assessment/expected facility life
f. Energy use/efficiency
(5) Identify Needed Wastewater System Improvements
a. Facilities needing retrofitting (collection, treatment and disposal) b. Facilities needing replacement (collection, treatment and disposal) c. New facilities (collection, treatment and disposal)
Packet Pg. 373 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

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d. Identify and evaluate alternative solutions - consider non-cost and cost benefits and recommend solution
(6) Provide Environmental Services
a. Identify strategy to meet environmental requirements (e.g. CEQA, other) b. Prepare permit applications and reports (e.g. domestic water supply permit, Report of Waste Discharge, etc.)
(7) Provide Design or Design Review Services
a. Conceptual (10%) design, cost estimate, and delivery method (e.g. conventional or design/build) for selected solution
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
V. Wastewater treatment
vi. Effluent disposal
b. Pilot studies
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Wastewater treatment
iv. Effluent disposal
c. Preliminary (30%) design (including engineer's estimate and supporting drawings, as appropriate) ·
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
V. Wastewater treatment
vi. Effluent disposal
d. Detailed (100%) design (including detailed engineer's estimate and plans and specifications, as appropriate)
Packet Pg. 374 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) (8)
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
Provide Management Support
University Enterprises, Inc.

Agreement No. 01612806

a. Prepare Request for Proposal (RFP) for detailed designer(s) or contractor(s) (depending on delivery method)
b. Provide support during bidding
i. Answer questions during the bid period and prepare addenda ii. Evaluate bids and make recommendation to award
c. Conduct rate study
d. Support Proposition 218 compliance
e. Prepare relevant service, management, operating, or joint powers agreement(s) f. Prepare consolidation agreement(s)
g. Assist in preparing a DWSRF or CWSRF construction funding application h. Prepare resolutions, certifications, and legal opinions (d) Construction: The purpose of this task is to oversee construction and commissioning of water system improvements. ·
(1) Conduct Community Outreach
a. Implement outreach strategy
b. Conduct/document community meetings
c. Prepare/distribute communication materials
d. Prepare post-project socio-economic assessment
(2) Provide Technical Support
a. Conduct periodic inspections
b. Answer contractor requests for information
c. Review contractor construction schedule
Packet Pg. 375 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) d. Review equipment technical submittals
e. Prepare construction change orders
f. Review contractor pay requests and receive certified payrolls g. Receive certifications of proper installation
h. Review materials and performance testing
i. Schedule operator training by contractor
j. Monitor facility start-up
University Enterprises, Inc.

Agreement No. D1612806

k. Coordinate completion of record drawings for facilities and locations (3) Provide Managerial Support
a. Update operations and maintenance documentation, as appropriate b. Provide training
c. Perform contract closeout
d. Manage warranty services
e. Prepare emergency response plan
(4) Provide Financial Management Support
a. Assist in funding administration
Related technical assistance tasks not specifically listed above, but consistent with the general scope and types of technical assistance described above may be included in a technical assistance Work Plan subject to Division approval.

A.4 Reporting.
(a) Progress Reports. The Recipient shall submit quarterly progress reports to the Grant Manager within thirty (30) days following the end of the calendar quarter (March, June, September, and December). Progress Reports shall provide a brief description of activities that have occurred, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work under this Agreement during the applicable reporting period. Reporting shall be required even if no grant related activities occurred during the reporting period. The Recipient shall document all activities and expenditures in progress reports, including work performed by contractors. Progress reports must be signed by the Authorized Representative, Project Director, or designee.
(b) As Needed Information or Reports. The Recipient agrees to provide expeditiously, during the term of this Agreement, such reports, data, and information as may be reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government.

Packet Pg. 376 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

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(c) Final Project Summary. At the conclusion of the Project, the Recipient must submit a draft Final Project Summary to the Grant Manager for review and approval. The draft Final Project Summary shall contain a brief summary of the Project, including accomplishments, before and after pictures, as appropriate. The draft Final Project Summary shall be in a format provided by the Grant Manager. Following comments from the Grant Manager, the Recipient shall submit the revised Final Project Summary for review and approval and shall upload an electronic copy of the final Project Summary to the FAAST system.

Packet Pg. 377 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) B.1 Project Funding.

EXHIBIT B - FUNDING PROVISIONS
University Enterprises, Inc.

Agreement No. D1612806

Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds as a grant in the amount of up to seven million and no cents ($7,000,000).

B.2 Estimated Reasonable Project Cost.

The estimated reasonable cost of the total Project is seven million and no cents ($7,000,000).

B.3 Funding Dates.
(a) The Eligible Start Date is September 1, 2016. Otherwise eligible costs incurred prior to this date will not be reimbursed, unless otherwise specified in Exhibit D. (b) The Final Disbursement Request Date is November 30, 2019. The Deputy Director of the Division may extend this date for good cause. Extensions may require an amendment to this Agreement.

All disbursement requests must be submitted to the Division such that they are received prior to this date. Late disbursement requests will not be honored and remaining amounts will be deobligated.
(c) The term of this agreement is from the Start Date on the cover page of this Agreement to the End Date of August 31, 2055.

B.4 Budget Summary.

LINE ITEM PROJECT FUNDS TOTAL COSTS (GRANT)
Personnel/Specific Staff $1,422,997 $1,422,997
Expenses and Suoolies $78,127 $78,127
Soecial Punoose Eauioment />5,000\ $0 $0
Travel $117,864 $117,864
Professional and Consultant Services $4,100,000 $4,100,000 Indirect Costs $1,281,012 $1,281,012
TOTAL $7,000,000 $7,000,000
B.5 Budget Flexibility.
(a) Subject to the prior review and approval of the Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of the total amount, including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15%) require an Agreement amendment.
(b) The Recipient may submit a request for an adjustment in writing to the Grant Manager. Such adjustment may not increase or decrease the total grant amount. The Recipient shall submit a copy of the original Agreement Budget sheet refiecting \he requested changes and shall note proposed changes by striking out the original amount(s) followed with proposed change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item shall require a formal amendment. The Division may also propose budget adjustments. (c) The sum of adjusted line items shall not exceed the total budget amount.

Packet Pg. 378 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) B.6 Disbursement of Project Funds; Availability of Project Funds.

University Enterprises, Inc.

Agreement No. D1612806

(a) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the State government to appropriate funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an amendment to the Recipient to reflect the reduced amount.
(b) Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be made as follows:
(1) Upon execution and delivery of this Agreement, the Recipient may request disbursement for eligible Project Costs as specified in this Exhibitfrom the Project Funds through submission to the State Water Board of disbursement requests using the disbursement request form provided by the Grant Manager.
(2) Disbursement requests shall contain the following information:
a. The date of the request;
b. The time period covered by the request, i.e., the term "from" and "to"; c. The total amount requested;
d. Documentation of match
e. Original signature and date (in ink) of Recipient's Authorized Representative; and, f. The Final Disbursement Request shall be clearly marked "FINAL DISBURSEMENT REQUEST" and shall be submitted NO LATER THAN .

November 30, 2019.
(3) Requests must be itemized based on the line items specified in the budget in this Exhibit.

Requests must be signed by the Authorized Representative, Project Director, or designee and must be addressed to the Grant Manager as set forth in the Party Contacts section of this Agreement. Requests for disbursement submitted in any other format than the one provided by the State Water Board will cause a request for disbursement to be disputed. In the event of such a dispute, the Grant Manager will notify the Recipient. Payment will not be made until the dispute is resolved and a corrected request submitted. The Grant Manager has the responsibility for approving requests for disbursement. Requests must be complete and executed by the Recipient. Project Costs incurred prior to the Eligible Start Date of this Agreement will not be funded.
(4) Project Funds must be requested at least quarterly, not more than monthly, for eligible costs incurred during the reporting period of the corresponding Progress Report, describing the activities and expenditures for which the disbursement is being requested.

Packet Pg. 379 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

Agreement No. 01612806

(5) The Recipient agrees that it will not request disbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of disbursement request.

Supporting documentation (e.g., receipts) must be submitted with each disbursement request. Disbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed disbursement request.
(6) The Recipient may request reimbursement for actual (not budgeted) indirect costs. This may include reasonable cost of items necessary for the implementation and management of the Project, such as: rent, utilities (gas electric, water, sewer trash, internet, etc.), janitorial services, reasonable maintenance and repairs, pest control, landscaping, equipment (workstation, fax machines, computers, printers, copiers, postage machines, servers, data storage), office supplies (paper clips, staples, paper, etc.), printing, shipping, shredding, postage, courier service; telephone, document storage, insurance (general liability, professional liability, workers compensation (if not already reflected as part of fringe), and support staff (such as procurement services, accounting, information technology, human resources, training and staff development).

Any costs ineligible for reimbursement through this Agreement should be excluded prior to requesting reimbursement. Examples of ineligible costs include: p.atents or copyrights, bank fees or service charges, taxes, licenses, interest, existing indebtedness, amortization, depreciation, losses, damages or settlements, fines or penalties, fees related to incorporation, co.sts related to establishment or reorganization, insurance deductibles, lobbying, legal defense or prosecution costs, litigation, advertising, contributions to other nonprofits or events, public relations, marketing, employee appreciation, scholarships or tuition fees, employee relocation, conference attendance, subscriptions or publication fees, membership dues, entertainment, meals, refreshments, alcoholic beverages decorations, childcare or stipends for meeting participants, profit or markup by the grantee, contractor or subcontractor markup fees, auto insurance (state mileage rates already include compensation for such costs), travel costs non consis.tent with State travel policies, miscellaneous costs, contingencies, other costs deemed by Grant Manager to be unreasonable, excessive, inappropriate or not related to the purposes of the grant.

It is the Recipient's responsibility to verify that ineligible costs are not claimed, and to maintain backup documentation and source documents to support indirect cost accounting. All such documentation must be available in the case of an audit. No costs invoiced as part of indirect costs should be included elsewhere as a direct cost Fringe should be included in personnel.
(7) The Recipient will not seek reimbursement of any Project Costs that have been reimbursed from other funding sources.
(8) Recipient shall spend Project Funds within 30 days of receipt. Any interest earned on Project Funds shall be reported to the State Water Board and will either be required to be returned to the State Water Board or deducted from future disbursements. In the event that the Recipient fails to disburse Project Funds to contractors or vendors within thirty (30) days from receipt of the funds, the Recipient shall immediately return such funds to the State Water Board. Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to the State Water Board .. If the Recipient held such funds in interest-bearing accounts, any interest earned on the funds shall also be due to the State Water Board.

Packet Pg. 380 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

Agreement No. D1612806
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(9) Recipient shall request its final disbursement no later than the Final Disbursement Request Date specified herein unless prior approval is granted by the Division. If the Recipient fails to do so, then the undisbursed balance of this Agreement will be deobligated. (1 O)The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable.
(11 )Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner that is in violation of or in conflict with federal or state laws, policies, or regulations.
(12)The Recipient agrees that it shall not be entitled to interest earned on undisbursed Project Funds.
(13)Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at http://www.calhr.ca.gov/employees/Paqes/travel-reimbursements.aspx. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Recipient. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Grant Manager. (14)The Recipient must include any other documents or requests required or allowed under this· Agreement.

S.7 Withholding of Disbursements and Material Violations. (a) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funds until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, up·on Project Completion.
(b) The State Water Board may withhold all or any portion of the funds provided for by this Agreement in the event that:
(1) The Recipient has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or
(2) The Recipient fails to maintain reasonable progress toward Project Completion.

B.8 Remaining Balance.

In the event the Recipient does not request all of the funds encumbered under this Agreement, any remaining funds revert to the State.

B.9 Fraud and Misuse of Public Funds.

All requests for disbursement submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The· Recipient shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement shall no; be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of Project Funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division may request Packet Pg. 381 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

Agreement No. 01612806

an audit and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code,§§ 1572-1573; Pen. Code,§§ 470, 489-490.)
Packet Pg. 382 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR)

EXHIBIT C - STANDARD TERMS AND CONDITIONS
C.1 Accounting and Auditing Standards.

University Enterprises, Inc.

Agreement No. 01612806

The Recipient must maintain Project accounts according to GAAP. The Recipient shall maintain GAAPcompliant Project accounts, including GAAP requirements relating to the reporting of infrastructure assets.
· C.2 Amendment.

No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.

C.3 Assignability.

This Agreement is not assignable by the Recipient, either in whole or in part.

C.4 Audit.
(a) The Division, at its option, may call for an audit of financial information relative to the Planning, where the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of state or federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit shall be in the form required by the Division. (b) Audit disallowances will be returned to the State Water Board. Failure to comply with audit disallowance provisions shall disqualify the Recipient from participating in State Water Board funding programs.

C.5 [Reserved]
C.6 Claims.

Any claim_ of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement.

C.7 Competitive Bidding
Recipient shall adhere to any applicable state or local ordinance for competitive bidding and applicable labor laws.

If Recipient is a private entity, any construction contracts related in any way to the Planning shall be let by competitive bid procedures that ensure award of such contracts to the lowest responsible bidders.

Recipient shall not award a construction contract until a summary of bids and identification of the selected lowest responsible bidder is submitted to and approved in writing by the Division. Recipient must provide a full explanation if Recipient is proposing to award a construction contract to anyone other than the lowest responsible bidder.

C.8 Compliance with Law, Regulations, etc.

The Recipient agrees that it will, at all times, comply with and require its contractor and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements.

Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient will:

Packet Pg. 383 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) (a) Comply with the State Water Board's Policy;
University Enterprises, Inc.

Agreement No. 01612806

(b) Comply with and require compliance with the list of state laws (cross-cutters) in Section C-31 of this Agreement.

C.9 Conflict of Interest.

The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in compliance, and shall remain compliant through Project Completion, with applicable state and federal conflict of interest laws, including but not limited to laws related to conflict of interest laws related to contracting and procurement.

C.1 O Damages for Breach Affecting Tax-Exempt Status or Federal Compliance.

In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, including bonds issued on behalf of the State Water Board, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

C.11 Disputes.
(a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board's Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute.
(b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.
(c) Recipient shall continue with the responsibilities under this Agreement during any dispute.

C.12 Financial Management System and Standards.

The Recipient agrees to comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal or state government and tracking of Project Funds to a level of expenditure adequate to establish that such funds have not been used in violation of federal or state law or the terms of this Agreement.

Packet Pg. 384 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) C.13 Governing Law.

University Enterprises, Inc.

Agreement No. 01612806

This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

C.14 Income Restrictions.

The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient under this Agreement shall be paid by the Recipient to the State, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State under this Agreement.

C.15 Indemnification and State Reviews.

The parties agree that review or approval of Project documents by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to engage in proper planning. To the extent permitted by la'i'/, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board, and its officers, employees, and agents (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the trans.actions contemplated by this Agreement. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement and the discharge of the Recipient's Obligation hereunder.

C.16 Independent Actor.

The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board.

C.17 Integration.

This Agreement is the complete and final Agreement between the parties.

C.18 Non-Discrimination Clause.
(a) During the performance of this Agreement, Recipient and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual Packet Pg. 385 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

Agreement No. D1612806

orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. (b) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
(c) The Recipient, its contractors, and subcontractors shall comply with the provisions of th_e Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov.

Code, §12990, subds. (a)-(f) et seq.; Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (d) The Recipient, its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
(e) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

C.19 No Third Party Rights.

The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreeme~t, or of any duty, covenant, obligation, or undertaking established herein.

C.20 [Reserved]
C.21 Other Assistance.

If funding for Project Costs is made available to the Recipient from sources other than this Agreement, the Recipient shall immediately notify the Grant Manager.

C.22 Permits, Contracting, Disqualification.

The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules and regulations. Recipient shall procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.

For any work related to this Agreement, the Recipient shall not contract with any individual or organization on the State Water Board's List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board's List of Disqualified Businesses and Persons is located at http://www.waterboards.ca.gov/water issues/programs/ustcf/dbp.shtml.

C.23 Public Records.

The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Project records and locations are public records, including but not limited to all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder.

Packet Pg. 386 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) C.24 Prevailing Wages.

University Enterprises, Inc.

Agreement No. 01612806

The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. The Recipient shall monitor all agreements subject to reimbursement from this Agreementto ensure that the prevailing wage provisions of the State Labor Code are being met.

C.25 Professionals.

The Recipient agrees that only professionals with valid licenses in the State of California will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, or design, or other word requiring interpretation and proper application of engineering or geologic sciences shall be prepared by or under the direction of persons registered to practice in California. All technical reports must contain the statement of the qualifications of the responsible registered professional(s). Technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.

Any contractors, outside associates, or consultants required by the Recipient in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, if any, or as are specifically accepted in writing by the Grant Manager during the performance of this Agreement.

C.26 Public Funding.

This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.

C.27 Recipient's Responsibility for Work.

The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for any and all disputes arising out of its contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.

C.28 Records.

Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient agrees to:
(a) Establish an official file for the Project which shall adequately document all significant actions relative to the Project;
(b) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all assistance funds received under this Agreement; (c) Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to assistance funds disbursed under this Agreement;
(d) Establish an accounting system which will accurately depict final total costs of the Project, including both direct and indirect costs;
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Agreement No. 01612806

(e) Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and
(f) If Force Account is used by the Recipient for the Project, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee. ·
(g) Maintain separate books, records and other material relative to the Project. (h) Retain such books, records, and other material for itself and for each contractor or subcontractor who performed work on this Project for a minimum of thirty-six (36) years after Work Completion.

The Recipient shall require that such books, records, and other material be subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the Bureau of State Audits, the Internal Revenue Service, the Governor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar right regarding audit, interviews, and records retention in any subcontract related to the performance of this Agreement. The provisions of this section shall survive the term of this Agreement.

C.29 Related Litigation.

A Recipient is prohibited from using funds from any disbursement under this Agreement to pay costs associated with any litigation the Recipient pursues. Regardless of whether the Project or any eventual construction project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all Project Funds plus interest to the State Water Board.

C.30 Rights in Data.

The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request.

C.31 State Cross-Cutter Compliance.

Recipient represents and certifies that, to the extent applicable, it is in compliance with the following conditions precedent and agrees that it will continue to maintain compliance during the term of this Agreement:
(a) State Water Board's Drought Emergency Water Conservation regulations. Title 23, article 22.5 of the California Code of Regulations. The Recipient will include a discussion of its implementation in Progress Reports submitted pursuant to this Agreement. (b) California Environmental Quality Act (CEQA). Implementation and construction activities must comply with CEQA and potentially other environmental review requirements, including the National Environmental Policy Act (NEPA). Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the State Water Board shall constitute a breach of a material provision of this Agreement. I/Technical Assistance work implemented per this Agreement will include ground disturbing activities (such as test wells, boreholes) implemented for the purposes Packet Pg. 388 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

Agreement No. D1612806

of information collection, and proposed in an area(s) with potential for environmental impacts (including riparian habitat, wetland, endangered species habitat or sensitive cultural resources areas), the Recipient shall notify the Grant Manager of the nature and scope of such work and receive approval to proceed prior to commencing ground disturbing activities. (c) Water Code section 5103, subdivision (e)(2)(A). If Recipient is a water diverter, Recipient must maintain compliance by submitting monthly diversion reports to the Division of Water Rights of the State Water Resources Control Board.
(d) Labor Code sections 1725.5 and 1771.1. To bid for public works contracts, Recipient acknowledges that Recipient and Recipient's subcontractors must register with the Department of Industrial Relations.
(e) Water Code sections 526 and 527. If Recipient is an urban water supplier as defined by Water Code, it shall have complied and maintain compliance with sections 526 and 527 of the Water Code relating to installation of meters and volumetric charging. (f) Urban Water Management Planning Act 0fvater Code, § 1061 O et seq.). If Recipient is an "urban water supplier" as defined by Water Code section 10617, the Recipient certifies that it has submitted an Urban Water Management Plan that has been deemed complete by the Department of Water Resources and is in compliance with that plan. This shall constitute a condition precedent to this Agreement.
(g) Urban Water Demand Management Water Code section 10631.5, subdivision (a)(1 ). If Recipient is an "urban water supplier" as defined by Water Code section 10617, Recipient certifies that it is implementing water demand management measures approved by the Department of Water Resources.
(h) Delta Plan Consistency Findings. Water Code section 85225 and California Code of Regulations, title 23, section 5002. If Recipient is a state or local public agency and the proposed action is covered by the Delta Plan, Recipient will submit a certification of project consistency with the Delta Plan to the Delta Stewardship Council prior to undertaking the implementation/construction project associated with this Project.
(i) Agricultural Water Management Plan Consistency. A Recipient that is an agricultural water supplier as defined by section 10608.12 of the Water Code must comply with the Agricultural Water Management Planning Act. 0fvat. Code, § 10800 et seq.) U) Charter City Project Labor Requirements. Labor Code section 1782 and Public Contract Code section 2503:
(1) Prevailing Wage
Where Recipient is a charter city or a joint powers authority that includes a charter city, Recipient certifies that no charter provision nor ordinance authorizes a construction project contractor not to comply with Labor Code's prevailing wage rate requirements, nor, within the prior two years (starting from January 1, 2015 or after) has the city awarded a public works contract without requiring the contractor to comply with such wage rate requirements according to Labor Code section 1782. (2) Labor Agreements
Where Recipient is a charter city or a Joint powers authority that includes a charter city, Recipient certifies that no charter provision, initiative, or ordinance limits or constrains the Packet Pg. 389 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

Agreement No. 01612806

city's authority or discretion to adopt, require, or utilize project labor agreements that include all the taxpayer protection antidiscrimination provisions of Public Contract Code section 2500 in construction projects, and that Recipient is accordingly eligible for state funding or financial assistance pursuant to Public Contract Code section 2503.

C.32 State Water Board Action; Costs and Attorney Fees.

The Recipient agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees.

C.33 Termination; Immediate Acceleration; Interest.
(a) This Agreement may be terminated at any time prior to the End Date set forth on the cover and in Exhibit B, at the option of the State Water Board, upon violation by the Recipient of any material provision of this Agreement after such violation has been called to the attention of the Recipient and after failure of the Recipient to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the Division. (b). In the event of such termination, the Recipient agrees, upon demand, to immediately repay to the State Water Board an amount equal to Project Funds disbursed hereunder, accrued interest, penalty assessments, and Additional Payments. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Recipient to the date all monies due have been received by the State Water Board.

C.34 Timeliness.

Time is of the essence in this Agreement.

C.35 Unenforceable Provision.

In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

C.36 Venue.

The State Water Board and the Recipient hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California.

C.37 Waiver and Rights of the State Water Board.

Any waiver of rights by the State Water Board with respect to a default or other matter arising under the Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.

Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law.

Packet Pg. 390 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR)

EXHIBIT D - SPECIAL CONDITIONS
Recipient acknowledges and agrees to the following special conditions:

None
University Enterprises, Inc.

Agreement No. D1612806

Packet Pg. 391 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) June 13, 2019
University Enterprises, Inc
Attn: Monica Kauppinen, Director
6000 J Street, Bookstore Building, Suite 3400
Sacramento, CA 95819
Agreement Number: D16-12806
Enclosed is your amended Funding Agreement for your approval and signature. This Agreement cannot be considered binding by either party until executed by the State Water Resources Control Board (“State Water Board”).

If in agreement with all terms and conditions of the Agreement, please have the Authorized Representative, as noted in the executed resolution, sign and return two (2) signature pages no later than thirty (30) calendar days from the date of this letter to:

US Mail Overnight Mail
Koreenia Lazo Koreenia Lazo
State Water Resources Control Board State Water Resources Control Board Division of Financial Assistance Division of Financial Assistance P.O. Box 944212 1001 I Street, 16th Floor
Sacramento, CA 94244-2120 Sacramento, CA 95814
Ms. Lazo may be contacted at (916) 319-0807 or [email protected] Once the Agreement is signed by both parties, we will forward an executed copy to you for your entity’s records.

Enclosures
Packet Pg. 392 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) PROPOSITION 1

TECHNICAL ASSISTANCE
UNIVERSITY ENTERPRISES, INC.

AND

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD

TECHNICAL ASSISTANCE GRANT

DRINKING WATER AND WASTEWATER TECHNICAL ASSISTANCE AND OUTREACH CALSTARS AGREEMENT No. D1612806
FI$CAL AGREEMENT NO. SWRCB0000000000D161280600
AMENDMENT NO. 1
AMOUNT: $7,000,000
ELIGIBLE START DATE: September 1, 2016
WORK COMPLETION DATE: August 31, 2019June 30, 2021
FINAL DISBURSEMENT REQUEST DATE: November 30, 2019September 30, 2021 RECORDS RETENTION TERM END DATE: August 31, 2055June 30, 2057 This Agreement executed by the State Water Board on October 26, 2016, is hereby amended and restated, to revise the Exhibits A & B (deletions shown as stricken and revisions in bold and underlined). Except as noted herein all other terms and conditions shall remain the same. Please note, page numbers may have changed.

Packet Pg. 393 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

WHEREAS,

1. The State Water Board is authorized to provide funding under this Agreement pursuant to the following:
• Proposition 1 Small Community Grants and Drinking Water - Section 79720-79725 of the Water Code (Prop 1)

2. The State Water Board determines eligibility for financial assistance, determines a reasonable schedule for providing financial assistance, establishes compliance with the Prop 1, and establishes the terms and conditions of a funding agreement.

3. The Recipient has applied to the State Water Board for funding for the Project described in Exhibit A of this Agreement and the State Water Board has selected the application for funding through a competitive process.

4. The State Water Board proposes to assist in funding the costs of the Project, and the Recipient desires to participate as a recipient of financial assistance from the State Water Board, upon the terms and conditions set forth in this Agreement, all pursuant to Prop 1; NOW, THEREFORE, in consideration of the premises, mutual representations, covenants and agreements in this Agreement, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

1. Definitions.

Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
"Agreement" means this Grant, including all exhibits and attachments hereto. "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
“Days” means calendar days unless otherwise expressly indicated. “Disbursement Period” means the period during which Project Funds may be disbursed. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer the funding program(s) set forth in Section 1. “Eligible Start Date” means the date set forth in Exhibit B, establishing the date on or after which Project Costs may be incurred and eligible for reimbursement hereunder. “Final Disbursement Request Date” means the date established in Exhibit B, after which date, no further Project Funds disbursements may be requested.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year. "Force Account" means the use of the Recipient's own employees or resources for the Project.

Packet Pg. 394 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

“GAAP” means generally accepted accounting principles, as issued by the Governmental Accounting Standards Board.
“Grant Manager” means the person designated by the State Water Board to manage performance of the Agreement. The Grant Manager is set forth in Section 2 of this agreement. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project).
“Party Contact” means, for the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Grant Manager, or the Program Analyst.
“Policy” means the Proposition 1 Technical Assistance Funding Plan, as amended from time to time. “Project” means the Project as described in Exhibit A and in the documents incorporated by reference. “Project Completion" means, as determined by the Division, that the Project is complete to the reasonable satisfaction of the Division and is the last date on which Project Costs may be incurred. Work occurring after Project Completion is not eligible for reimbursement under this Agreement. "Project Costs" means the incurred costs of the Recipient which are eligible under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP.
“Project Director” means an employee of the Recipient designated by the Authorized Representative to be responsible for the overall management of the administrative and technical aspects of the executed Agreement. The Project Director is set forth in Section 2 of this Agreement. “Project Funds” means funds disbursed by the State Water Board to the Recipient for purposes of this Agreement.
“Recipient” means University Enterprises, Inc.
“Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water Quality Control Board.
“State” means State of California.
“State Water Board” means the State Water Resources Control Board, an administrative and regulatory agency of the State of California.
“Technical Assistance Recipient” means the small disadvantaged community or communities identified in the Work Plan(s).
“Work Completion” means the Recipient’s submittal of all work set forth under Exhibit A for review and approval by the Division. The Division may require corrective work to be performed prior to Project Completion.
“Work Completion Date” means the date set forth in Exhibit A that is the last date on which all work or submittals in Exhibit A must be achieved.

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“Year” means calendar year unless otherwise expressly indicated.

2. Party Contacts.

The Party Contacts during the term of this Agreement are:

State Water Board Recipient
Section: Office of Sustainable Water Solutions
Name: Diana Conkle
Nabiul Afrooz, Grant Manager
Name: Monica Kauppinen, Project Director
Address: 1001 I street Address: 6000 J Street,
Bookstore Building, Suite 3400
City, State, Zip: Sacramento, CA, 95814 City, State, Zip: Sacramento, CA, 95819-6111 Phone: (916) 341-5660 323-9322 Phone: (916) 278-7380
Fax: (916) 341-5707 Fax: (916) 278-4886
Email: [email protected]
[email protected]
Email: [email protected]
The Recipient may change its Project Director upon written notice to the Grant Manager, which notice shall be accompanied by authorization from the Recipient’s Authorized Representative. The State Water Board will notify the Project Director of any changes to its Party Contacts.

3. Exhibits and Appendices Incorporated.

The following exhibits and appendices to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBIT A – SCOPE OF WORK
EXHIBIT B – FUNDING PROVISIONS
EXHIBIT C – STANDARD TERMS AND CONDITIONS
EXHIBIT D – SPECIAL CONDITIONS

4. Recipient Representations and Commitments.

The Recipient represents, warrants, and commits to the following as of the date signed by the Recipient and continuing thereafter for the term of the Agreement:
(a) General Commitments. The Recipient accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application, accompanying documents, and communications filed in support of its request for financial assistance and throughout the term of this Agreement. (b) Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
(c) No Violations. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any Packet Pg. 396 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

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contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the first page hereof. (d) No Litigation. There are no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the financial condition or operations of the Recipient and/or the Project. (e) Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. As of the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they become due.
(f) Legal Status and Eligibility. Recipient is duly organized and existing and in good standing under the laws of the State of California, and will remain so during the term of this Agreement.

Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under this Agreement for the term of this Agreement.
(g) Good Standing. The Recipient is currently in compliance with the state requirements set forth in Exhibit C. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with previous state audit disallowances.
(h) Insurance. Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example, but not necessarily limited to, General Liability, Automobile Liability, Worker’s Compensation and Employer’s Liability, Professional Liability.

5. Project Completion.

The Recipient shall expeditiously proceed with and complete the Project in accordance with this Agreement.

6. Notice.
(a) The Recipient shall notify the Division in writing within five (5) working days of the occurrence of the following:
(1) Bankruptcy, insolvency, receivership or similar event of the Recipient; (2) Actions taken pursuant to state law in anticipation of filing for bankruptcy; (b) The Recipient shall notify the Division within 10 working days of the following:
(1) Any litigation pending or threatened against Recipient regarding its continued existence, consideration of dissolution, or disincorporation;
(c) The Recipient shall notify the Division promptly of the following:
(1) Any proposed change in scope of the Project. Most changes will require an amendment to this Agreement;
(2) Cessation of work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
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(3) Any circumstance, combination of circumstances, or condition, which is expected to or does delay Work Completion for a period of ninety (90) days or more beyond the estimated date previously provided to the Division;
(4) Any monitoring activities such that the State Water Board and/or Regional Water Quality Control Board staff may observe and document such activities; (5) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; or (6) Work Completion, and Project Completion.

7. No Obligation of the State; State Budget Act Contingency.

Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys appropriated by the State Legislature to the State Water Board from the special fund associated with this Agreement.

If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Recipient or to furnish any other considerations under this Agreement and Recipient shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for payment over any other recipient.

If this Agreement’s funding for any Fiscal Year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to reflect the reduced amount.

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IN WITNESS WHEREOF, this AgreementAmendment has been executed by the parties hereto.

UNIVERSITY ENTERPRISES, INC.:

By: ____________________________________
Name: Monica Kauppinen
Title: Director
Sponsored Programs Administration
Date: __________________________________
STATE WATER RESOURCES CONTROL BOARD:

By: ____________________________________
Name: Leslie Laudon
Title: Deputy Director
Division of Financial Assistance
Date: __________________________________
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EXHIBIT A – SCOPE OF WORK
A.1 Completion Dates.

The Work Completion Date is established as August 31, 2019June 30, 2021. The Recipient shall deliver any request for extension of the Work Completion date no less than 90 days prior to the Work Completion Date. The Division will not unreasonably deny such a timely request, but the Division may deny requests received after this time.

A.2 Purpose.

This grant is for the benefit of the Recipient. This grant is for the benefit of the Technical Assistance Recipient identified in the Work Plan or Work Plans. Its purpose is for the provision of technical assistance to small disadvantaged communities to develop, fund, and implement their capital improvement projects.

A.3 Scope of Work.

The Recipient agrees to do the following:

The Division accepts requests for technical assistance on a continuous basis. The Division may refer eligible assistance requests (ARs) to the Recipient. After accepting an AR, the Recipient will determine what specific assistance it plans to provide and will submit a technical assistance Work Plan with estimated deliverables and due dates for Division approval. The technical assistance proposed in a given Work Plan shall be consistent with the general technical assistance tasks outlined below, and the grantee shall implement technical assistance consistent with Division-approved work plans, or amendments thereto, including timely submittal of deliverables within the approved Work Plan budget. Each approved Work Plan shall constitute an amendment to this Agreement and must be signed and dated by the Deputy Director of the Division or designee and the Authorized Representative, Project Director, or designee to be effective.
(a) Scoping: The purpose of this task is to define the project and prepare a work plan. (1) Characterize challenges and potential solutions
(2) Conduct kickoff meeting to discuss path forward
(3) Prepare project work plan
(b) Pre-Planning: The purpose of this task is to determine whether to consolidate or improve the water and/or wastewater system(s).
(1) Conduct Community Outreach
a. Prepare/implement outreach strategy
b. Assess community interest in the project
c. Conduct/document community meetings
d. Prepare/distribute communication materials
e. Conduct pre-project socio-economic assessment to establish baseline Packet Pg. 400 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

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EXHIBIT A – SCOPE OF WORK
(2) Conduct a Median Household Income (MHI) Survey
(3) Evaluate Consolidation Feasibility
a. Identify potential facilities within a five-mile radius b. Initiate contact with candidate facility owners
c. Conduct cost-benefit analysis of consolidation construction d. Evaluate organization of restructured water and/or wastewater system(s) e. Prepare preliminary agreements to participate in facility consolidation f. Evaluate and document Local Agency Formation Commission (LAFCO) requirements g. Evaluate governance options
h. Facilitate decision-making process
i. Prepare consolidation commitments (e.g. board resolution) j. Assist with formation of new entity
(4) Conduct Technical, Managerial, and Financial Assessment and Assistance a. Evaluate whether water quality meets regulatory limits (either through review of existing data or through sampling and analysis)
b. Develop or update policy manual
c. Develop or update financial policy
d. Develop or update budget and projects/capital improvement and asset management plans
e. Develop or update operations and maintenance plans
f. Determine scope and budget for planning
g. Assist in preparing Drinking Water State Revolving Fund (DWSRF) and/or Clean Water State Revolving Fund (CWSRF) planning financing application h. Provide grant/funding administration
i. Assist in procurement of professional services
(c) Planning: The purpose of this task is to conduct or review studies and prepare or review conceptual, pre-, and final designs for the water and/or wastewater system improvements.

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EXHIBIT A – SCOPE OF WORK
(1) Conduct Community Outreach
a. Implement outreach strategy
b. Conduct/document community meetings
c. Prepare/distribute communication materials
(2) Conduct Detailed Evaluation of Drinking Water Source, and Treatment and Distribution Systems
a. Water quality (raw supply and distribution system)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate b. Capacity (supply, treatment and storage)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate c. Leak detection and water audits
d. Condition assessment/expected facility life
e. Energy use/efficiency
(3) Identify Needed Water System Improvements
a. Additional source water (surface, ground or recycled) b. Facilities needing retrofitting (source, treatment, storage, distribution) c. Facilities needing replacement (source, treatment, storage, distribution) d. New facilities (source, treatment, storage, distribution) e. Identify and evaluate alternative solutions – consider non-cost and cost benefits and recommend solution(s)
(4) Conduct a Detailed Evaluation of Wastewater System
a. Wastewater quality (pre- and post-treatment)
b. Capacity (collection, treatment and disposal)
i. Conduct hydrogeologic and geotechnical evaluations, as appropriate c. Septic to sewer conversions
d. Leak detection
e. Condition assessment/expected facility life
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EXHIBIT A – SCOPE OF WORK
f. Energy use/efficiency
(5) Identify Needed Wastewater System Improvements
a. Facilities needing retrofitting (collection, treatment and disposal) b. Facilities needing replacement (collection, treatment and disposal) c. New facilities (collection, treatment and disposal)
d. Identify and evaluate alternative solutions – consider non-cost and cost benefits and recommend solution
(6) Provide Environmental Services
a. Identify strategy to meet environmental requirements (e.g. CEQA, other) b. Prepare permit applications and reports (e.g. domestic water supply permit, Report of Waste Discharge, etc.)
(7) Provide Design or Design Review Services
a. Conceptual (10%) design, cost estimate, and delivery method (e.g. conventional or design/build) for selected solution
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
b. Pilot studies
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Wastewater treatment
iv. Effluent disposal
c. Preliminary (30%) design (including engineer’s estimate and supporting drawings, as appropriate)
i. Water supply (e.g. wells or other)
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EXHIBIT A – SCOPE OF WORK
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
d. Detailed (100%) design (including detailed engineer’s estimate and plans and specifications, as appropriate)
i. Water supply (e.g. wells or other)
ii. Water treatment
iii. Water distribution
iv. Wastewater collection
v. Wastewater treatment
vi. Effluent disposal
(8) Provide Management Support
a. Prepare Request for Proposal (RFP) for detailed designer(s) or contractor(s) (depending on delivery method)
b. Provide support during bidding
i. Answer questions during the bid period and prepare addenda ii. Evaluate bids and make recommendation to award
c. Conduct rate study
d. Support Proposition 218 compliance
e. Prepare relevant service, management, operating, or joint powers agreement(s) f. Prepare consolidation agreement(s)
g. Assist in preparing a DWSRF or CWSRF construction funding application h. Prepare resolutions, certifications, and legal opinions (d) Construction: The purpose of this task is to oversee construction and commissioning of water system improvements.

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EXHIBIT A – SCOPE OF WORK
(1) Conduct Community Outreach
a. Implement outreach strategy
b. Conduct/document community meetings
c. Prepare/distribute communication materials
d. Prepare post-project socio-economic assessment
(2) Provide Technical Support
a. Conduct periodic inspections
b. Answer contractor requests for information
c. Review contractor construction schedule
d. Review equipment technical submittals
e. Prepare construction change orders
f. Review contractor pay requests and receive certified payrolls g. Receive certifications of proper installation
h. Review materials and performance testing
i. Schedule operator training by contractor
j. Monitor facility start-up
k. Coordinate completion of record drawings for facilities and locations (3) Provide Managerial Support
a. Update operations and maintenance documentation, as appropriate b. Provide training
c. Perform contract closeout
d. Manage warranty services
e. Prepare emergency response plan
(4) Provide Financial Management Support
a. Assist in funding administration
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EXHIBIT A – SCOPE OF WORK
Related technical assistance tasks not specifically listed above, but consistent with the general scope and types of technical assistance described above may be included in a technical assistance Work Plan subject to Division approval.

A.4 Reporting.
(a) Progress Reports. The Recipient shall submit quarterly progress reports to the Grant Manager within thirty (30) days following the end of the calendar quarter (March, June, September, and December). Progress Reports shall provide a brief description of activities that have occurred, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work under this Agreement during the applicable reporting period. Reporting shall be required even if no grant related activities occurred during the reporting period. The Recipient shall document all activities and expenditures in progress reports, including work performed by contractors. Progress reports must be signed by the Authorized Representative, Project Director, or designee.
(b) As Needed Information or Reports. The Recipient agrees to provide expeditiously, during the term of this Agreement, such reports, data, and information as may be reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government. (c) Final Project Summary. At the conclusion of the Project, the Recipient must submit a draft Final Project Summary to the Grant Manager for review and approval. The draft Final Project Summary shall contain a brief summary of the Project, including accomplishments, before and after pictures, as appropriate. The draft Final Project Summary shall be in a format provided by the Grant Manager. Following comments from the Grant Manager, the Recipient shall submit the revised Final Project Summary for review and approval and shall upload an electronic copy of the final Project Summary to the FAAST system.

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EXHIBIT B – FUNDING PROVISIONS
B.1 Project Funding.

Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds as a grant in the amount of up to seven million and no cents ($7,000,000).

B.2 Estimated Reasonable Project Cost.

The estimated reasonable cost of the total Project is seven million and no cents ($7,000,000).

B.3 Funding Dates.
(a) The Eligible Start Date is September 1, 2016. Otherwise eligible costs incurred prior to this date will not be reimbursed, unless otherwise specified in Exhibit D. (b) The Final Disbursement Request Date is November 30, 2019September 30, 2021. The Deputy Director of the Division may extend this date for good cause. Extensions may require an amendment to this Agreement. All disbursement requests must be submitted to the Division such that they are received prior to this date. Late disbursement requests will not be honored and remaining amounts will be deobligated.
(c) The term of this agreement is from the Start Date on the cover page of this Agreement to the End Date of August 31, 2055June 30, 2057.

B.4 Budget Summary.

LINE ITEM PROJECT FUNDS
(GRANT) TOTAL COSTS
Personnel/Specific Staff $1,422,997 $1,422,997
Expenses and Supplies $78,127 $78,127
Special Purpose Equipment (>5,000) $0 $0
Travel $117,864 $117,864
Professional and Consultant Services $4,100,000 $4,100,000 Indirect Costs $1,281,012 $1,281,012
TOTAL $7,000,000 $7,000,000
B.5 Budget Flexibility.
(a) Subject to the prior review and approval of the Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of the total amount, including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15%) require an Agreement amendment.
(b) The Recipient may submit a request for an adjustment in writing to the Grant Manager. Such adjustment may not increase or decrease the total grant amount. The Recipient shall submit a copy of the original Agreement Budget sheet reflecting the requested changes and shall note proposed changes by striking out the original amount(s) followed with proposed change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item shall require a formal amendment. The Division may also propose budget adjustments. (c) The sum of adjusted line items shall not exceed the total budget amount.

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EXHIBIT B – FUNDING PROVISIONS
B.6 Disbursement of Project Funds; Availability of Project Funds. (a) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the State government to appropriate funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other recipient. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an amendment to the Recipient to reflect the reduced amount.
(b) Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be made as follows:
(1) Upon execution and delivery of this Agreement, the Recipient may request disbursement for eligible Project Costs as specified in this Exhibit from the Project Funds through submission to the State Water Board of disbursement requests using the disbursement request form provided by the Grant Manager.
(2) Disbursement requests shall contain the following information:
a. The date of the request;
b. The time period covered by the request, i.e., the term “from” and “to”; c. The total amount requested;
d. Documentation of match
e. Original signature and date (in ink) of Recipient’s Authorized Representative; and, f. The Final Disbursement Request shall be clearly marked “FINAL DISBURSEMENT REQUEST” and shall be submitted NO LATER THAN
November 30, 2019September 30, 2021.
(3) Requests must be itemized based on the line items specified in the budget in this Exhibit.

Requests must be signed by the Authorized Representative, Project Director, or designee and must be addressed to the Grant Manager as set forth in the Party Contacts section of this Agreement. Requests for disbursement submitted in any other format than the one provided by the State Water Board will cause a request for disbursement to be disputed. In the event of such a dispute, the Grant Manager will notify the Recipient. Payment will not be made until the dispute is resolved and a corrected request submitted. The Grant Manager has the responsibility for approving requests for disbursement. Requests must be complete and executed by the Recipient. Project Costs incurred prior to the Eligible Start Date of this Agreement will not be funded.

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EXHIBIT B – FUNDING PROVISIONS
(4) Project Funds must be requested at least quarterly, not more than monthly, for eligible costs incurred during the reporting period of the corresponding Progress Report, describing the activities and expenditures for which the disbursement is being requested. (5) The Recipient agrees that it will not request disbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of disbursement request.

Supporting documentation (e.g., receipts) must be submitted with each disbursement request. Disbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed disbursement request.
(6) The Recipient may request reimbursement for actual (not budgeted) indirect costs. This may include reasonable cost of items necessary for the implementation and management of the Project, such as: rent, utilities (gas electric, water, sewer trash, internet, etc.), janitorial services, reasonable maintenance and repairs, pest control, landscaping, equipment (workstation, fax machines, computers, printers, copiers, postage machines, servers, data storage), office supplies (paper clips, staples, paper, etc.), printing, shipping, shredding, postage, courier service, telephone, document storage, insurance (general liability, professional liability, workers compensation (if not already reflected as part of fringe), and support staff (such as procurement services, accounting, information technology, human resources, training and staff development).

Any costs ineligible for reimbursement through this Agreement should be excluded prior to requesting reimbursement. Examples of ineligible costs include: patents or copyrights, bank fees or service charges, taxes, licenses, interest, existing indebtedness, amortization, depreciation, losses, damages or settlements, fines or penalties, fees related to incorporation, costs related to establishment or reorganization, insurance deductibles, lobbying, legal defense or prosecution costs, litigation, advertising, contributions to other nonprofits or events, public relations, marketing, employee appreciation, scholarships or tuition fees, employee relocation, conference attendance, subscriptions or publication fees, membership dues, entertainment, meals, refreshments, alcoholic beverages decorations, childcare or stipends for meeting participants, profit or markup by the grantee, contractor or subcontractor markup fees, auto insurance (state mileage rates already include compensation for such costs), travel costs non consistent with State travel policies, miscellaneous costs, contingencies, other costs deemed by Grant Manager to be unreasonable, excessive, inappropriate or not related to the purposes of the grant.

It is the Recipient’s responsibility to verify that ineligible costs are not claimed, and to maintain backup documentation and source documents to support indirect cost accounting. All such documentation must be available in the case of an audit. No costs invoiced as part of indirect costs should be included elsewhere as a direct cost. Fringe should be included in personnel.
(7) The Recipient will not seek reimbursement of any Project Costs that have been reimbursed from other funding sources.
(8) Recipient shall spend Project Funds within 30 days of receipt. Any interest earned on Project Funds shall be reported to the State Water Board and will either be required to be returned to the State Water Board or deducted from future disbursements. In the event that the Recipient fails to disburse Project Funds to contractors or vendors within thirty (30) days from Packet Pg. 409 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

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EXHIBIT B – FUNDING PROVISIONS
(9) receipt of the funds, the Recipient shall immediately return such funds to the State Water Board. Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to the State Water Board. If the Recipient held such funds in interest-bearing accounts, any interest earned on the funds shall also be due to the State Water Board. (10)Recipient shall request its final disbursement no later than the Final Disbursement Request Date specified herein unless prior approval is granted by the Division. If the Recipient fails to do so, then the undisbursed balance of this Agreement will be deobligated. (11)The Recipient agrees that it will not request a disbursement unless that cost is allowable, reasonable, and allocable.
(12)Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner that is in violation of or in conflict with federal or state laws, policies, or regulations.
(13)The Recipient agrees that it shall not be entitled to interest earned on undisbursed Project Funds.
(14)Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Recipient. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Grant Manager. (15)The Recipient must include any other documents or requests required or allowed under this Agreement.

B.7 Withholding of Disbursements and Material Violations. (a) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funds until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(b) The State Water Board may withhold all or any portion of the funds provided for by this Agreement in the event that:
(1) The Recipient has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or
(2) The Recipient fails to maintain reasonable progress toward Project Completion.

B.8 Remaining Balance.

In the event the Recipient does not request all of the funds encumbered under this Agreement, any remaining funds revert to the State.

Packet Pg. 410 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

EXHIBIT B – FUNDING PROVISIONS
B.9 Fraud and Misuse of Public Funds.

All requests for disbursement submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Recipient shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of Project Funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 489-490.)
Packet Pg. 411 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

EXHIBIT C – STANDARD TERMS AND CONDITIONS
C.1 Accounting and Auditing Standards.

The Recipient must maintain Project accounts according to GAAP. The Recipient shall maintain GAAPcompliant Project accounts, including GAAP requirements relating to the reporting of infrastructure assets.

C.2 Amendment.

No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.

C.3 Assignability.

This Agreement is not assignable by the Recipient, either in whole or in part.

C.4 Audit.
(a) The Division, at its option, may call for an audit of financial information relative to the Planning, where the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of state or federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit shall be in the form required by the Division. (b) Audit disallowances will be returned to the State Water Board. Failure to comply with audit disallowance provisions shall disqualify the Recipient from participating in State Water Board funding programs.

C.5 [Reserved]
C.6 Claims.

Any claim of the Recipient is limited to the rights, remedies, and claims procedures provided to the Recipient under this Agreement.

C.7 Competitive Bidding
Recipient shall adhere to any applicable state or local ordinance for competitive bidding and applicable labor laws.

If Recipient is a private entity, any construction contracts related in any way to the Planning shall be let by competitive bid procedures that ensure award of such contracts to the lowest responsible bidders.

Recipient shall not award a construction contract until a summary of bids and identification of the selected lowest responsible bidder is submitted to and approved in writing by the Division. Recipient must provide a full explanation if Recipient is proposing to award a construction contract to anyone other than the lowest responsible bidder.

C.8 Compliance with Law, Regulations, etc.

The Recipient agrees that it will, at all times, comply with and require its contractor and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements.

Without limitation of the foregoing, the Recipient agrees that, to the extent applicable, the Recipient will:

Packet Pg. 412 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

EXHIBIT C – STANDARD TERMS AND CONDITIONS
(a) Comply with the State Water Board's Policy;
(b) Comply with and require compliance with the list of state laws (cross-cutters) in Section C-31 of this Agreement.

C.9 Conflict of Interest.

The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in compliance, and shall remain compliant through Project Completion, with applicable state and federal conflict of interest laws, including but not limited to laws related to conflict of interest laws related to contracting and procurement.

C.10 Damages for Breach Affecting Tax-Exempt Status or Federal Compliance.

In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, including bonds issued on behalf of the State Water Board, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

C.11 Disputes.
(a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute.
(b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law.
(c) Recipient shall continue with the responsibilities under this Agreement during any dispute.

C.12 Financial Management System and Standards.

The Recipient agrees to comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal or state government and tracking of Project Funds to a level Packet Pg. 413 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
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EXHIBIT C – STANDARD TERMS AND CONDITIONS
of expenditure adequate to establish that such funds have not been used in violation of federal or state law or the terms of this Agreement.

C.13 Governing Law.

This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

C.14 Income Restrictions.

The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient under this Agreement shall be paid by the Recipient to the State, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State under this Agreement.

C.15 Indemnification and State Reviews.

The parties agree that review or approval of Project documents by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to engage in proper planning. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board, and its officers, employees, and agents (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement and the discharge of the Recipient's Obligation hereunder.

C.16 Independent Actor.

The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board.

Packet Pg. 414 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

EXHIBIT C – STANDARD TERMS AND CONDITIONS
C.17 Integration.

This Agreement is the complete and final Agreement between the parties.

C.18 Non-Discrimination Clause.
(a) During the performance of this Agreement, Recipient and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. (b) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
(c) The Recipient, its contractors, and subcontractors shall comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov.

Code, §12990, subds. (a)-(f) et seq.; Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (d) The Recipient, its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
(e) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

C.19 No Third Party Rights.

The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein.

C.20 [Reserved]
C.21 Other Assistance.

If funding for Project Costs is made available to the Recipient from sources other than this Agreement, the Recipient shall immediately notify the Grant Manager.

C.22 Permits, Contracting, Disqualification.

The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules and regulations. Recipient shall procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.

For any work related to this Agreement, the Recipient shall not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, Packet Pg. 415 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

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Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

EXHIBIT C – STANDARD TERMS AND CONDITIONS
funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at http://www.waterboards.ca.gov/water_issues/programs/ustcf/dbp.shtml.

C.23 Public Records.

The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Project records and locations are public records, including but not limited to all of the submissions accompanying the application, all of the documents incorporated by reference into this Agreement, and all reports, disbursement requests, and supporting documentation submitted hereunder.

C.24 Prevailing Wages.

The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. The Recipient shall monitor all agreements subject to reimbursement from this Agreement to ensure that the prevailing wage provisions of the State Labor Code are being met.

C.25 Professionals.

The Recipient agrees that only professionals with valid licenses in the State of California will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, or design, or other word requiring interpretation and proper application of engineering or geologic sciences shall be prepared by or under the direction of persons registered to practice in California. All technical reports must contain the statement of the qualifications of the responsible registered professional(s). Technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.

Any contractors, outside associates, or consultants required by the Recipient in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, if any, or as are specifically accepted in writing by the Grant Manager during the performance of this Agreement.

C.26 Public Funding.

This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances.

C.27 Recipient’s Responsibility for Work.

The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for any and all disputes arising out of its contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work.

Packet Pg. 416 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

EXHIBIT C – STANDARD TERMS AND CONDITIONS
C.28 Records.

Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient agrees to:
(a) Establish an official file for the Project which shall adequately document all significant actions relative to the Project;
(b) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all assistance funds received under this Agreement; (c) Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to assistance funds disbursed under this Agreement;
(d) Establish an accounting system which will accurately depict final total costs of the Project, including both direct and indirect costs;
(e) Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and
(f) If Force Account is used by the Recipient for the Project, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee.
(g) Maintain separate books, records and other material relative to the Project. (h) Retain such books, records, and other material for itself and for each contractor or subcontractor who performed work on this Project for a minimum of thirty-six (36) years after Work Completion.

The Recipient shall require that such books, records, and other material be subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the Bureau of State Audits, the Internal Revenue Service, the Governor, or any authorized representatives of the aforementioned, and shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar right regarding audit, interviews, and records retention in any subcontract related to the performance of this Agreement. The provisions of this section shall survive the term of this Agreement.

C.29 Related Litigation.

A Recipient is prohibited from using funds from any disbursement under this Agreement to pay costs associated with any litigation the Recipient pursues. Regardless of whether the Project or any eventual construction project is the subject of litigation, the Recipient agrees to complete the Project funded by the Agreement or to repay all Project Funds plus interest to the State Water Board.

C.30 Rights in Data.

The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, Packet Pg. 417 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
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Amendment No. 1

EXHIBIT C – STANDARD TERMS AND CONDITIONS
publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request.

C.31 State Cross-Cutter Compliance.

Recipient represents and certifies that, to the extent applicable, it is in compliance with the following conditions precedent and agrees that it will continue to maintain compliance during the term of this Agreement:
(a) State Water Board’s Drought Emergency Water Conservation regulations. Title 23, article 22.5 of the California Code of Regulations. The Recipient will include a discussion of its implementation in Progress Reports submitted pursuant to this Agreement. (b) California Environmental Quality Act (CEQA). Implementation and construction activities must comply with CEQA and potentially other environmental review requirements, including the National Environmental Policy Act (NEPA). Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the State Water Board shall constitute a breach of a material provision of this Agreement. If Technical Assistance work implemented per this Agreement will include ground disturbing activities (such as test wells, boreholes) implemented for the purposes of information collection, and proposed in an area(s) with potential for environmental impacts (including riparian habitat, wetland, endangered species habitat or sensitive cultural resources areas), the Recipient shall notify the Grant Manager of the nature and scope of such work and receive approval to proceed prior to commencing ground disturbing activities. (c) Water Code section 5103, subdivision (e)(2)(A). If Recipient is a water diverter, Recipient must maintain compliance by submitting monthly diversion reports to the Division of Water Rights of the State Water Resources Control Board.
(d) Labor Code sections 1725.5 and 1771.1. To bid for public works contracts, Recipient acknowledges that Recipient and Recipient’s subcontractors must register with the Department of Industrial Relations.
(e) Water Code sections 526 and 527. If Recipient is an urban water supplier as defined by Water Code, it shall have complied and maintain compliance with sections 526 and 527 of the Water Code relating to installation of meters and volumetric charging. (f) Urban Water Management Planning Act (Water Code, § 10610 et seq.). If Recipient is an “urban water supplier” as defined by Water Code section 10617, the Recipient certifies that it has submitted an Urban Water Management Plan that has been deemed complete by the Department of Water Resources and is in compliance with that plan. This shall constitute a condition precedent to this Agreement.
(g) Urban Water Demand Management Water Code section 10631.5, subdivision (a)(1). If Recipient is an “urban water supplier” as defined by Water Code section 10617, Recipient certifies that it is implementing water demand management measures approved by the Department of Water Resources.

Packet Pg. 418 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

EXHIBIT C – STANDARD TERMS AND CONDITIONS
(h) Delta Plan Consistency Findings. Water Code section 85225 and California Code of Regulations, title 23, section 5002. If Recipient is a state or local public agency and the proposed action is covered by the Delta Plan, Recipient will submit a certification of project consistency with the Delta Plan to the Delta Stewardship Council prior to undertaking the implementation/construction project associated with this Project.
(i) Agricultural Water Management Plan Consistency. A Recipient that is an agricultural water supplier as defined by section 10608.12 of the Water Code must comply with the Agricultural Water Management Planning Act. (Wat. Code, § 10800 et seq.) (j) Charter City Project Labor Requirements. Labor Code section 1782 and Public Contract Code section 2503:
(1) Prevailing Wage
Where Recipient is a charter city or a joint powers authority that includes a charter city, Recipient certifies that no charter provision nor ordinance authorizes a construction project contractor not to comply with Labor Code’s prevailing wage rate requirements, nor, within the prior two years (starting from January 1, 2015 or after) has the city awarded a public works contract without requiring the contractor to comply with such wage rate requirements according to Labor Code section 1782. (2) Labor Agreements
Where Recipient is a charter city or a joint powers authority that includes a charter city, Recipient certifies that no charter provision, initiative, or ordinance limits or constrains the city’s authority or discretion to adopt, require, or utilize project labor agreements that include all the taxpayer protection antidiscrimination provisions of Public Contract Code section 2500 in construction projects, and that Recipient is accordingly eligible for state funding or financial assistance pursuant to Public Contract Code section 2503.

C.32 State Water Board Action; Costs and Attorney Fees.

The Recipient agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees.

C.33 Termination; Immediate Acceleration; Interest.
(a) This Agreement may be terminated at any time prior to the End Date set forth on the cover and in Exhibit B, at the option of the State Water Board, upon violation by the Recipient of any material provision of this Agreement after such violation has been called to the attention of the Recipient and after failure of the Recipient to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the Division.

Packet Pg. 419 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
Fi$Cal Agreement No. SWRCB0000000000D161280600
Amendment No. 1

EXHIBIT C – STANDARD TERMS AND CONDITIONS
(b) In the event of such termination, the Recipient agrees, upon demand, to immediately repay to the State Water Board an amount equal to Project Funds disbursed hereunder, accrued interest, penalty assessments, and Additional Payments. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Recipient to the date all monies due have been received by the State Water Board.

C.34 Timeliness.

Time is of the essence in this Agreement.

C.35 Unenforceable Provision.

In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

C.36 Venue.

The State Water Board and the Recipient hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California.

C.37 Waiver and Rights of the State Water Board.

Any waiver of rights by the State Water Board with respect to a default or other matter arising under the Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter.

Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law.

Packet Pg. 420 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR) University Enterprises, Inc.

CalStars Agreement No. D1612806
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Amendment No. 1

EXHIBIT D — SPECIAL CONDITIONS
Recipient acknowledges and agrees to the following special conditions:

None
Packet Pg. 421 Attachment: Subcontract - UEI and COR (4.11(e)--Subcontract Between University Enterprises, Inc.and COR)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution approving the Volunteer Program Report for 2022; and acknowledge that April 16 through 22, 2023, is Volunteer Appreciation Week in the City of Redding.

Fiscal Impact
There is no fiscal impact to accepting the report.

Alternative Action
The City Council could choose to not approve the report and provide staff with alternative direction.

Background/Analysis
The City of Redding (City) Volunteer Program began in 1988 in the Police Department and has expanded to serve all departments. This program assists City departments in identifying and creating meaningful volunteer opportunities for citizens to enhance their understanding of the local government and to assist departments in their operations to broaden and enhance services and programs provided by the City.

For the calendar year 2022, the City’s Volunteer Program contributed over 31,124 hours of service to the City by volunteers. While it is difficult to determine an economic value on the time our volunteers have donated to the City, using the national estimated value of volunteer time provided by Independent Sector ($29.95 per hour), the value is over $932,000.

MEETING DATE: April 4, 2023
ITEM NO. 4.15(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.15(b)--Consider adopting Resolution approving the Volunteer Program Report for 2022 and acknowledge April 16 through 22, 2023, as Volunteer Appreciation Week Kelley Martinez, Interim
Personnel Director
Packet Pg. 422
Report to Redding City Council March 28, 2023
Re: 4.15(b)--Volunteer Program Report for 2022 Page 2
Our volunteers have contributed their time and efforts to areas including our parks, library, student and adult tutoring, recreational programs, events, Police and Fire – especially the Redding Police & Fire Chaplain Program, and other City departments. Partnerships in volunteering have included organizations such as Shasta Public Libraries, California Conservation Corp., Smart Business Resource Center, and Shasta College.

National Volunteer Week is observed April 16 through 22, 2023. Each year, strong communities like ours, take time to recognize and thank volunteers who lend their time, talent, and voices to make a difference in their communities. By acknowledging April 16-22 as Volunteer Appreciation Week in the City, the volunteers who have worked to make the organization and the community better may be formally recognized for their talents and their time. We would like to thank and show appreciation for the contributions of all our volunteers who have helped to enhance the quality of life in our community and make the City of Redding a community of choice.

Environmental Review
This is not a project defined under California Environmental Quality Act (CEQA), and no further action is required
City Manager Goals/Objectives
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^Resolution
Packet Pg. 423
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

APPROVING THE CITY OF REDDING VOLUNTEER PROGRAM
REPORT FOR 2022 AND RECOGNIZING APRIL 16 THROUGH 22, 2023,

AS VOLUNTEER APPRECIATION WEEK
WHEREAS, the City of Redding’s Volunteer Program provides citizens opportunities to enhance their understanding of local government and assist departments in their operations to broaden and enhance services and programs provided by the City; and WHEREAS, in the calendar year 2022, the City of Redding Volunteers contributed over 31,124 hours of service to the City of Redding, providing an approximate economic value of over $932,000.00; and
WHEREAS, staff has recommended approving the City of Redding Volunteer Program Report for 2022; and
WHEREAS, to thank and show appreciation for the contributions of all City of Redding volunteers who have helped to enhance the quality of life in our community and make the City of Redding a community of choice; and
WHEREAS, April 16-22, 2023, is National Volunteer Week; and WHEREAS, the City Council deems it to be in the best interest of the City to adopt such recommendations;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding to approve the City of Redding Volunteer Program Report for 2022, and acknowledge April 16 through 22, 2023, as Volunteer Appreciation Week.

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 4th day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
___________________________________
MICHAEL DAQUISTO, Mayor
ATTEST: FORM APPROVED:

________________________________ ___________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 424 Attachment: ^Resolution (4.15(b)--Volunteer Program Report for 2022)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve Mayor’s recommendation to reappoint and appoint the following to the City of Redding Building Code Board of Appeals to serve four-year terms effective April 5, 2023, and ending December 31, 2026:
(1) Reappoint Todd McEfee to serve an additional four-year term; (2) Appoint Andrew McCurdy to fill the vacancy by Ben Abrahamsen; (3) Appoint Rodrigo Menezes to fill the vacancy by Mike Dormer; (4) Appoint Ryan Russell to fill the vacancy by Bill Nagel; and (5) Appoint Jim Wright to fill the vacancy by Robert Wagner, Jr.

Fiscal Impact
There is no impact to the General Fund.

Alternative Action
The City Council could choose not to approve the Mayor’s recommendation.

Background/Analysis
According to the California Building Code (CBC) Section [A]113.3 (Qualifications), “the Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction”. In light of these requirements set forth in the CBC, the City’s Building Official has reviewed the qualifications of the following applicants and determined they are eligible for appointment.

MEETING DATE: April 4, 2023
ITEM NO. 5.1
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 5.1--Consider Mayor's appointments and reappointment to the Building Code Board of Appeals.

Michael Dacquisto, Mayor
Packet Pg. 425
Report to Redding City Council March 29, 2023
Re: 5.1--Appointments and Re-Appointment to Building Code Board of Appeals Page 2 Board Member Todd McEfee’s term expired on December 31, 2022; therefore, one scheduled vacancy exists. Mr. McEfee has expressed interest in continuing to serve on the Building Code Board of Appeals, and, if approved, his new term will begin April 5, 2023, and end December 31, 2026.

Board Member Ben Abrahamsen’s second full term expired on December 31, 2022, and he is not eligible for reappointment; therefore, one scheduled vacancy exists. Andrew McCurdy has expressed interest in serving on the Building Code Board of Appeals, and, if approved, his new term will begin April 5, 2023, and end December 31, 2026.

Board Member Mike Dormer’s second full term expired on December 31, 2022, and he is not eligible for reappointment; therefore, one scheduled vacancy exists. Rodrigo Menezes has expressed interest in serving on the Building Code Board of Appeals, and, if approved, his new term will begin April 5, 2023, and end December 31, 2026.

Board Member Bill Nagel’s term expired on December 31, 2022; therefore, one scheduled vacancy exists. Ryan Russell has expressed interest in serving on the Building Code Board of Appeals, and, if approved, his new term will begin April 5, 2023, and end December 31, 2026.

Board Member Robert Wagner, Jr.’s second full term expired on December 31, 2022, and he is not eligible for reappointment; therefore, one scheduled vacancy exists. Jim Wright has expressed interest in serving on the Building Code Board of Appeals, and, if approved, his new term will begin April 5, 2023, and end December 31, 2026.

Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Packet Pg. 426

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Conduct a Public Hearing and, upon conclusion, if the majority of the voting property owners are not opposed to the formation of Landscape Maintenance District (LMD) 01-23 (Rancho Industrial Park), adopt a Resolution:
(1) Confirming results of the election of the assessment district; (2) Confirming the assessments contained in the Engineer’s Report for said District; (3) Ordering the formation of territory into LMD 01-23 for Fiscal Year 2023-24; and (4) Approving the annual assessments for Fiscal Year 2023-24, pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and levying and collecting of the same for Fiscal Year 2023-24.

Fiscal Impact
Generally, landscape maintenance districts are self-supporting and there are no fiscal impacts to the City of Redding’s (City) General Fund.

Alternative Action
The City Council (Council) may decide not to adopt the resolution ordering the formation of LMD 01-23, and provide alternative direction to staff. This will require identification of an alternative funding source to provide the required maintenance so as not to become a General Fund obligation. If a majority protest is found at the Public Hearing the Council cannot approve the formation of the district.

Background/Analysis
At the February 7, 2023 Council meeting, the Council approved the Engineer’s Report, confirmed the map of the assessment district contained in the Engineer’s Report, directed staff to mail the Notice of Public Hearing and Official Ballots, and set a public hearing regarding the formation of Landscape Maintenance District (LMD) 01-23 Rancho Industrial Park.

MEETING DATE: April 4, 2023
ITEM NO. 6.1
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 6.1--Public Hearing to consider adopting a Resolution forming Landscape Maintenance District 01-23 (Rancho Industrial Park)
Chuck Aukland, Public
Works Director
Packet Pg. 427
Report to Redding City Council March 28, 2023
Re: 6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation Page 2 The LMD will fund maintenance and upkeep of the following amenities:

1. Landscape and irrigation features along the south side of Rancho Road and entry into the development;

2. Block wall along the Rancho Road and Airport Road frontage; and

3. Stormwater treatment facilities as required by Condition 10 of Parcel Map-2018-01476.

The proposed formation of LMD 01-23 will affect a total of 21 industrial parcels (benefit units).

The total assessment for Fiscal Year 2023-24 is $64,510, or $3,071.90 per benefit unit.

It is important to note that approval includes the allowance of an annual cost escalation to the assessment, which shall be tied to the "20 Cities Construction Cost Index" from the most recent March issue of the Engineering News Record. This annual cost escalation is intended to assure continued maintenance funding as inflation occurs and will be presented each year to the Council with the annual assessment and levy update for the LMD.

It should also be noted that the amount per unit above is the maximum assessment and based on completion of the entire industrial park. The annual levy may be lower initially depending on the anticipated amount of development and associated landscaping installed for the upcoming fiscal year. The levy will be adjusted year-to-year as development occurs.

The Landscape and Lighting Act of 1972, requires an election of the property owners and requires that the Council hold a public hearing regarding the formation of new Landscape Maintenance Districts. Proposition 218 also requires a public notice period of 45 days prior to the Council’s action. On February 9, 2023, a notification of the proposed annual assessment and public hearing was mailed to each property owner in the proposed district along with a ballot for the formation of the district. Ballots are due prior to the end of the public hearing for this item.

The following is an explanation of the procedure for this item:

1. Open the public hearing, accept comments and ballots from property owners, and close the public hearing, at which time property owners may no longer submit ballots.

2. Following the close of the public hearing, ballots are tabulated by the City Clerk who returns to the Council later in the meeting to report the election results.

If a majority protest is not determined, the Council can elect to adopt the Resolution that orders the formation of LMD 01-23. The resolution has been approved as to form by the City Attorney.

Environmental Review
This is not a project as defined under the California Environmental Quality Act (CEQA), and no further action is required. On September 24, 2019, the City of Redding Planning Commission adopted a revised and recirculated Mitigated Negative Declaration and approved the project, thereby satisfying the requirements of the CEQA Guidelines §15074.

Council Priority/City Manager Goals
• Budget and Financial Management - “Achieve balanced and stable 10-year Financial Plans for all funds.”
Packet Pg. 428
Report to Redding City Council March 28, 2023
Re: 6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation Page 3 Attachments
^Resolution
^Location Map
^Boundary Map
Previous Staff Report 2-7-2023
Engineer's Report - LMD 01-23 Rancho Road Industrial Park Packet Pg. 429
RECORDING REQUESTED BY:

City of Redding
WHEN RECORDED RETURN TO:

City Clerk
City of Redding
777 Cypress Avenue
Redding CA 96001
RESOLUTION NO. 2023-___
LANDSCAPE MAINTENANCE DISTRICT 01–23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING:
(1) CONFIRMING THE RESULTS OF THE ELECTION OF THE
ASSESSMENT DISTRICT;
(2) CONFIRMING THE ASSESSMENTS CONTAINED IN THE
ENGINEER’S REPORT;
(3) ORDERING THE FORMATION OF TERRITORY INTO A

LANDSCAPE MAINTENANCE DISTRICT TO BE KNOWN AS
LANDSCAPE MAINTENANCE DISTRICT 01–23; and
(4) APPROVING THE ANNUAL ASSESSMENTS FOR FISCAL YEAR
2023–24 PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972, COMMENCING WITH SECTION 22500 OF THE

STREETS AND HIGHWAYS CODE AND THE LEVY AND
COLLECTION OF THE SAME FOR FISCAL YEAR 2023-24
WHEREAS:

A. On September 24, 2019, the City of Redding Planning Commission adopted a revised and recirculated Mitigated Negative Declaration and approved Parcel Map PM-2018-01476 requiring property owners to consent to the formation of and participation in a landscape maintenance district; and
B. On February 7, 2023, by Resolution 2023-015, the City Council approved the Engineer’s Report as filed relating to Landscape Maintenance District 01–23 (District) and gave notice of the time and place of the April 4, 2023 public hearing regarding the levy and collection of assessments for Fiscal Year 2023–24; and
C. A map of the area in the district is attached and made a part hereof; and D. The public hearing, duly and properly noticed, commenced at the City Council Chambers, 777 Cypress Avenue, Redding, California, on April 4, 2023, and concluded Packet Pg. 430 Attachment: ^Resolution (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) prior to the adoption of this Resolution. At the public hearing, the City Council gave every interested person an opportunity to speak to the proposed assessments; and E. The ballots were counted, and no majority protest was made to the formation of Landscape Maintenance District 01–23; and
F. All legal prerequisites to the adoption of this Resolution have occurred; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows:

1. The foregoing recitals are true and correct.

2. The City Council has considered all oral statements and written protests or communications made or filed by interested persons at the public hearing of April 4, 2023, and expressly overrules any and all protests filed objecting to the proposed assessments to be levied in the District. No majority protest was made to the formation of Landscape Maintenance District 01-23.

3. The City Council finds that the Engineer’s Report has fairly and properly apportioned the costs of the improvements to each residential unit in the district in proportion to the estimated benefits to be received by each benefit unit from the improvements.

4. Pursuant to Streets and Highways Code Section 22586, the City Council hereby approves the Assessments contained on the Engineer’s Report, as filed with the City Clerk, and thereby confirms and adopts the assessment of the assessment district contained in the Engineer’s Report.

5. The territory within the map of the assessment district set forth in the Engineer’s Report is hereby formed into an assessment district under the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500, et seq.), to be hereafter known as Landscape Maintenance District 01–23.

6. Only costs for landscaping; mulching; vandalism abatement; vegetation management; repairs to the irrigation system; drainage system; electric and water charges; replacement of vegetation as necessary; removal of trimmings, rubbish, and debris; playground equipment replacement; and other improvements to remove or cover graffiti; administrative costs; and such other maintenance and incidental expenses as are authorized by Streets and Highways Code Sections 22526 and 22531 will be assessed.

Pursuant to Government Code Section 53739, the amount of each fiscal year’s assessment shall be adjusted for inflation in an amount not to exceed that provided by the "20 Cities Construction Costs Index" from the most recent March Engineering News Record and shall become effective July 1, 2024, and every July 1 thereafter.

7. An assessment of $3,071.90 per benefit unit located within LMD 01-23 for Fiscal Year 2023–24 is adopted and confirmed.

8. The City Clerk shall forthwith transfer to the Auditor-Controller and the AssessorRecorder of Shasta County a certified copy of this Resolution and a certified copy of the Packet Pg. 431 Attachment: ^Resolution (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) assessment district map contained in the Engineers Report for Landscape Maintenance District 01-23.

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 4th day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_________________________________
MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVED:
_____________________________ __________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 432 Attachment: ^Resolution (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 433
Attachment: ^Location Map (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 434
Attachment: ^Boundary Map (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution of Intention to form Landscape Maintenance District (LMD) 01-23 (Rancho Industrial Park) and approve the following:
(1) Engineer's Report as filed with the City Clerk;
(2) Confirmation of the map of the assessment district contained in the Engineer's Report; (3) Mailing of notices and ballots; and
(4) Setting the Public Hearing and Election for April 4, 2023, at 6:00 p.m., in the City Council Chambers located at 777 Cypress Avenue, Redding, California, regarding the formation of LMD 01–23 (Rancho Industrial Park) pursuant to the Landscape and Lighting Act of 1972 and Government Code 53753(b).

Fiscal Impact
Generally, LMDs are self-supporting, and there are no fiscal impacts to the City of Redding’s (City) General Fund.

Alternative Action
The City Council (Council) may choose to decline to create a new district and direct staff to make changes to the Engineer’s Report. This alternative will require the identification of an alternative funding source to provide the required maintenance so as not to become a General Fund obligation.

MEETING DATE: February 7, 2023
ITEM NO. 4.11(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(c)--Resolution of Intention to form Landscape Maintenance District 01-23 (Rancho Industrial Park), approving the Engineer's Report, confirming the Map for Landscape Maintenance District 01-23, Approving the mailing of notices and ballots; and setting the Public Hearing and Election for April 4, 2023.

Chuck Aukland, Public
Works Director
Packet Pg. 435 Attachment: Previous Staff Report 2-7-2023 (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Report to Redding City Council January 31, 2023
Re: 4.11(c)--LMD 01-23 (Rancho Industrial Park) Formation Page 2 Background/Analysis
Like many cities in California, the City utilizes LMDs to fund the maintenance of landscape and other improved areas that directly benefit residential and commercial developments. Use of LMDs ensures that the majority of maintenance responsibilities are borne by new growth and not the General Fund, and it is allowable under the Lighting and Landscaping Act of 1972.

Parcel Map PM-2018-01476 (Parcel Map) Condition of Approval Requirement No. 22 requires the property owners within said subdivision to consent to the formation of and participation in an LMD. The LMD will fund maintenance and upkeep of the following amenities:

1. Landscape and irrigation features along the south side of Rancho Road and entry into the development;

2. Block wall along the Rancho Road and Airport Road frontage; and

3. Stormwater treatment facilities as required by Condition 10.

The proposed formation of LMD 01-23 will affect a total of 21 industrial parcels.

To provide for this formation, the Council will be required to adopt the attached Resolution accomplishing the following:

1. Declaring the Council’s intention to form LMD 01-23 and levy and collect assessments;

2. Approval of the Engineer’s Report for LMD 01-23;

3. Confirmation of the map of the assessment district contained in the Engineer’s Report;

4. Confirmation and approval of the annual assessment of $64,510 for the LMD based on the Engineer’s Report for Fiscal Year 2023-24, pursuant to the Landscaping and Lighting Act of 1972, equating to $3,071.90 per benefit unit; and

5. Approval of the mailing of notices and ballots to the property owners within the proposed boundaries of the LMD and setting the public hearing and election for April 4, 2023.

Should the Council approve the resolution, staff will proceed with formation procedures to establish LMD 01-23. The Lighting and Landscape Act of 1972 requires ballots be mailed to each property owner and allows the Council to form the district if a simple majority of the ballots that are returned favor the formation of the LMD. If the formation is approved, results will be provided to the Shasta County Assessor's Office. The new levy will be placed on the property owners' property tax bills in December 2024. The owner has agreed to maintain all LMD landscape features until the first assessment is collected by the City.

The assessment, for LMD 01-23, will include a contingency for the Council to annually consider a cost escalation tied to the “20 Cities Construction Cost Index” from the most recent March Engineering News Record effective July 1, 2024, and every July thereafter.

Environmental Review
This action is not a project as defined by the California Environmental Quality Act, and no further action is required. On September 24, 2019, the City of Redding Planning Commission adopted a revised and recirculated Mitigated Negative Declaration and approved the project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074 (CEQA).

Packet Pg. 436 Attachment: Previous Staff Report 2-7-2023 (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Report to Redding City Council January 31, 2023
Re: 4.11(c)--LMD 01-23 (Rancho Industrial Park) Formation Page 3 Council Priority/City Manager Goals
 This is a routine operational item.

Attachments
^Resolution
^Location Map
^Boundary Map
Engineer's Report (Unsigned)
9-24-2019 Staff Report_Planning Commission
Packet Pg. 437 Attachment: Previous Staff Report 2-7-2023 (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 438
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 439
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 440
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 441
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 442
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 443
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 444
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 445
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 446
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation) Packet Pg. 447
Attachment: Engineer's Report - LMD 01-23 Rancho Road Industrial Park (6.1--Public Hearing LMD 01-23 (Rancho Industrial Park) Formation)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the following actions relative to the Turtle Bay Boat Ramp Project:
(1) Adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Environmental Commitment Program (Attachment C);
(2) Approve the Turtle Bay Boat Ramp Project as described, and find it satisfies the requirements of the California Environmental Quality Act Guidelines §15074; and (3) Direct Staff to return to City Council, once necessary permits are obtained, for further direction relative to proceeding with the project.

Fiscal Impact
There is no fiscal impact as a direct result of approving the project and adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program (MMP).

The City of Redding (City) received $311,000 in grant funding from the Wildlife Conservation Board’s Public Access Grant Program for the planning, design, and permitting of the Turtle Bay Boat Ramp Project (project). As matching funds, the City appropriated $30,000 from the Park Development Fund for a total project budget of $341,000. The City will seek grant funding for the construction phase of the project.

Alternative Action
The City Council (Council) may choose not to adopt the MND and the MMP and not approve the project as described. The project could not proceed without the approval of these documents, as, in that case, it would not comply with the California Environmental Quality Act (CEQA) Guidelines.

MEETING DATE: April 4, 2023
ITEM NO. 9.6(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.6(a)--Consider approval of the City of Redding Turtle Bay Boat Ramp Project.

Chuck Aukland, Public
Works Director
Packet Pg. 448
Report to Redding City Council March 30, 2023
Re: 9.6(a)--Approval of the Turtle Bay Boat Ramp Project Page 2 Background/Analysis
The Turtle Bay Boat Launch Facility and floating dock were originally built in 1969 and improved in 2005 with a new floating dock and expanded parking with 25 pull-through boat trailer stalls. In the last decade, boating activity in Redding has seen a steady rise, and this stretch of the river provides a world-class fly-fishing experience. With the Sacramento River drawing local, regional, and international visitors, the City’s use data indicates the ramp’s popularity has contributed to an over-capacity condition, as the narrow launch ramp does not allow two boats to efficiently launch at one time. The existing facility lacks capacity, a designated area to launch drift boats, and an Americans with Disabilities Act (ADA) compliant restroom.

The proposed project would include a widened, two-lane boat ramp, an extension of the existing floating dock, and a new boating access beach adjacent to the ramp for drift boats and nonmotorized vessel launching. The project would also include: additional boat trailer parking stalls, an ADA-compliant restroom, drinking fountain, wastewater line extension and replacement, extension of the Sacramento River Trail and bike paths through the site, storm water and irrigated landscape improvements, and an ADA access ramp to the new beach. Adjacent to the trail will be a small overlook area with picnic tables.

If ultimately approved, the work would include earthwork, grading, new structures, drainage and utility modification, tree removal, tree planting, paving, lighting, striping, gates, fencing, security systems, and sign installation. Funding limitations may require some project amenities to be phased.

An Initial Study (IS) was prepared to satisfy the requirements of the CEQA. It describes why the project is being proposed and the potential impacts to the existing environment. The IS shows that the proposed project could have a significant effect on biological resources, but with implementation of mitigation measures, those impacts will be reduced to a level considered less than significant. The mitigation measures and conservation measures to be implemented are common practices and include, but are not limited to, biological pre-construction surveys, inwater work windows, water quality monitoring, impact minimization, exclusionary fencing, and erosion control.

Based on the conclusions made in the IS, an MND was prepared. The MND describes the project, including mitigation measures, and makes the determination that there will be no significant effect on the environment provided that the defined mitigation measures are implemented as part of the project. In addition, an MMP has been written and incorporated into the MND (CEQA Section 21081.6). The MMP will be used by City staff, contractors, agencies, and monitoring personnel during and after the project to ensure effective implementation of the adopted mitigation measures outlined in the MND.

The IS/MND/MMP documents were sent to the State Clearinghouse for a 30-day public review period and distribution to pertinent State agencies. They were sent to local resource agencies, the Shasta County Clerk, and posted on the Public Works Department website. A public notice was also sent to landowners in the vicinity of the project and posted in the local newspaper. Four comment letters were received during the public review period. Approval of the project and associated MND and MMP will allow staff to move toward final design.

Packet Pg. 449
Report to Redding City Council March 30, 2023
Re: 9.6(a)--Approval of the Turtle Bay Boat Ramp Project Page 3 Environmental Review
The City of Redding is the lead agency for the project pursuant to CEQA. As the lead CEQA agency, the Council is authorized to adopt the MND per Redding Municipal Code Section §18.24.070.E and State law. Upon adoption of the MND and approval of the project by the Council, a Notice of Determination will be filed with the Shasta County Clerk’s Office and the State Clearinghouse, thereby completing the environmental review process. The IS/MND is available in the Public Works Department and is currently available online at https://www.cityofredding.org/departments/public-works/environmental-management.

Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Attachments
^Location Map
^TB Boat Ramp - Rodeo lease exhibit
MND_IS_MMP for Turtle Bay Ramp Project
Packet Pg. 450
Packet Pg. 451 Attachment: ^Location Map (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 452 Attachment: ^Location Map (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 453 Attachment: ^TB Boat Ramp - Rodeo lease exhibit (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Turtle Bay Boat Ramp Project Page 1
March 2023

MITIGATED NEGATIVE DECLARATION

TURTLE BAY BOAT RAMP PROJECT
(STATE CLEARINGHOUSE NO. 2023020064)

SUBJECT
Turtle Bay Boat Ramp Project

PROJECT DESCRIPTION
The City of Redding Community Services Department (City) is proposing the Turtle Bay Boat Ramp Project. The existing facility lacks capacity, a designated area to launch drift boats, and an Americans with Disabilities Act (ADA) compliant restroom. The proposed Turtle Bay Boat Ramp Project (project) would include a widened, two-lane boat ramp, an extension of the existing floating dock, and a new boating access beach adjacent the ramp for drift boats and non-motorized vessel launching. The project would also include additional boat trailer parking stalls, an ADA-compliant restroom, drinking fountain, wastewater line extension and replacement, extension of the Sacramento River Trail and bike paths through the site, storm water and irrigated landscape improvements, and an ADA access ramp to the new beach. Adjacent to the trail there will be a small overlook area with picnic tables.

Work involves earthwork, grading, new structures, drainage and utility modification, tree removal, tree planting, paving, lighting, striping, gates, fencing, security systems, and sign installation. Construction of the project is anticipated to take approximately 10 months. Staging of equipment and materials would be within the project boundaries. A narrow sliver of adjacent property would need to be acquired for the project, and construction is anticipated to occur in 2025. Construction may occur earlier if all approvals are obtained and funding is available; however, funding limitations may require some project amenities to be phased.

ENVIRONMENTAL SETTING
The project area is bounded by the Sacramento River to the north, Sundial Bridge and Turtle Bay Exploration Park to the east, Redding Memorial Park to the west, and the rodeo grounds and associated parking to the south. The project area primarily consists of two parking lots; a graded and graveled one to the east (Figure 3), and a paved western lot that serves that boat ramp. The two lots are connected by Aoki Way, a paved road. There is a fenced dirt area south of Aoki Way, which is part of the rodeo grounds.

The boat ramp is an excavated ramp sloping down to the Sacramento River. A riparian corridor and forested hilly terrain exists along the Sacramento River and towards the western extent of the project area.

FINDINGS AND DETERMINATION
The City of Redding conducted an Initial Study (attached) that determined that the proposed project could have significant environmental effects on biological resources. Implementation of specific mitigation measures identified below will avoid or mitigate the potentially significant environmental effects identified, and the preparation of an environmental impact report will not be required. If there are Packet Pg. 454 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Mitigated Negative Declaration

March 2023
substantial changes that alter the character or impacts of the proposed project, another environmental impact determination will be necessary.

Prior to approval of the project, the lead agency may conclude, at a public hearing, that certain mitigation measures identified in the Mitigated Negative Declaration are infeasible or undesirable. In accordance with California Environmental Quality Act (CEQA) Section 15074.1, the lead agency may delete those mitigation measures and substitute other measures that it determines are equivalent or more effective. The lead agency would adopt written findings that the new measure(s) is(are) equivalent or more effective in mitigating or avoiding potential significant effects and that it would not cause any potentially significant effect on the environment.
1) Based on the whole record (including the Initial Study and any supporting documentation) and the mitigation measures incorporated into the project, the City of Redding has determined that there is no substantial evidence that the project will have a significant effect on the environment. 2) The Mitigated Negative Declaration, with its supporting documentation, reflects the independent judgment and analysis of the lead agency, which is the City of Redding.

DOCUMENTATION
The attached Initial Study documents the reasons to support the above determination.

MITIGATION MEASURES
The following mitigation measures will be incorporated into the project to minimize potential effects on biological resources:

MM-1. All in-water work shall occur during April 1 through June 30 to avoid peak times when listed juvenile anadromous fish would be present.

MM-2. Prior to any in-water work, qualified fish biologists, in consultation with CDFW, shall utilize seine netting to work from the edge of water, outward just before berm construction to remove any individuals that could be within the work area. No handling of fish shall occur. Prior to completion of the gravel berm, the area will be surveyed and seined again by qualified fish biologists to ensure absence of fish in the work area. The berm will serve as a barrier to the in-water portion of the project area. After the gravel berm is constructed, the work pad may be constructed.

MM-3. Prior to any placement of gravel in water, heavy equipment operation practices shall be implemented that minimize the potential for injury or death of listed fish species, including alerting fish to equipment operation in the channel before gravel is placed in the water (i.e. slow, deliberate equipment operation and gently tapping water surface prior to entering or placing gravels in the river channel).

MM-4. The gravel berm and work pad shall be constructed out of ¾-inch minus, silt free, clean, spawning-grade gravel that meets Caltrans’ cleanness test (California Test No. 227) with a value of 85 or higher. Upon construction completion, the gravel berm would be breached and the gravel pad and berm would be left in place to provide the benefit of approximately 236 cubic yards of spawning grade gravels to augment spawning opportunities for salmon.

Packet Pg. 455 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Mitigated Negative Declaration Public Works Department, Engineering Division Turtle Bay Boat Ramp Project Page 3
March 2023
MM-5. Twenty-four hours (24-hours) prior to initiation of ground disturbance or vegetation removal within 50-feet of suitable reptile and/or amphibian habitat (i.e., Sacramento River and riparian areas), a qualified biologist shall perform a pre-construction survey for western pond turtle, their nests, and foothill yellow-legged frog. If western pond turtles, their nests, or yellow-legged frog are encountered in the project area during construction and could be harmed by construction activities, work will stop immediately in the area and CDFW will be notified. Upon authorization from CDFW, a qualified biologist may relocate the individual(s) the shortest distance possible to a location containing habitat outside of the construction impact zone.

MM-6. If construction or vegetation removal occurs during the nesting season, February 1 through August 31 for birds and November 1 through July 15 for raptors, a qualified biologist shall conduct a preconstruction survey to locate active nests. The pre-construction survey will be performed no more than 7 days prior to the implementation of construction activities. If a lapse in construction activities occurs for 7 days or longer, another pre-construction survey will be performed. If an active nest is found, a qualified biologist (in consultation with the CDFW) will determine the extent of a buffer zone to be established around the nest.

MM-7. Removal of large trees (10-inch dbh or greater) with cavities, crevices, or snags shall occur before maternity colonies form (i.e., prior to March 1) or after young are volant (i.e., after August 15). If construction (including the removal of large trees) occurs during the non-volant season (March 1 through August 15), a qualified biologist shall conduct a pre-construction survey of the project area to locate maternity colonies and identify measures to protect the colonies from disturbance. The pre-construction survey will be performed no more than seven days prior to the implementation of construction activities.

If a lapse in construction activities for seven days or longer occurs between those dates, another preconstruction survey will be performed. If a maternity colony is found a qualified biologist (in consultation with the CDFW) will determine the extent of a construction-free buffer zone to be established around the nest.

PUBLIC REVIEW DISTRIBUTION
Draft copies or notice of this Mitigated Negative Declaration were distributed to:
 State Clearinghouse
 Shasta County Clerk
 California Department of Transportation District 2
 California Department of Fish and Wildlife District 1  California State Lands Commission
 Central Valley Flood Protection Board
 Central Valley Regional Water Quality Control Board –Region 5 (Redding)  California Highway Patrol
 Native American Heritage Commission
 State Office of Historic Preservation
 All property owners within 300 feet of the property boundary Packet Pg. 456 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) &LW\RI5HGGLQJ
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Amber Kelley
Digitally signed by Amber Kelley
DN: cn=Amber Kelley, o=City of Redding,
ou=Public Works, Engineering,
[email protected], c=US
Date: 2023.03.06 16:31:13 -08'00'
Packet Pg. 457 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

ATTACHMENT
A
Vicinity Map
Packet Pg. 458 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 459 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 460 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 461 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

ATTACHMENT
B
Initial Study
Packet Pg. 462 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 463 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

CALIFORNIA ENVIRONMENTAL QUALITY ACT

INITIAL STUDY
Turtle Bay Boat Ramp Project
State Clearinghouse No. 2023020064
Prepared by:

CITY OF REDDING
Public Works Department
777 Cypress Avenue
Redding, California 96001
March 2023
Packet Pg. 464 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 465 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project)

March 2023

CITY OF REDDING

ENVIRONMENTAL CHECKLIST FORM

1. Project Title: Turtle Bay Boat Ramp Project (proposed project)

2. Lead agency name and address:

CITY OF REDDING
Public Works Department
777 Cypress Avenue
Redding, CA 96001

3. Contact Person and Phone Number: Amber Kelley, Environmental Compliance Manager, (530) 225-4046

4. Project Location:

The proposed project is in central Redding, Shasta County, California. The Project is at the Turtle Bay Boat Launch located at 720 Auditorium Drive, Redding, CA 96001, in the Redding, California, 7.5-minute U.S. Geological Survey (USGS) quadrangle in Township 32N, Range 05W, Section 36 (40.59057, -122.38293). The Boat Launch is approximately 0.30 miles west of the Turtle Bay Exploration Park.

5. Applicant’s Name and Address: Representative’s Name and Address:

Travis Menne Amber Kelley
City of Redding City of Redding
Community Services Department Public Works Department
777 Cypress Avenue 777 Cypress Avenue
Redding, CA 96001 Redding, CA 96001

6. General Plan Designation:
 Public Facility (PF)

7. Zoning:
 Public Facility – Specific Plan Overlay District (PF-SP)

8. Description of Project:

The Turtle Bay Boat Launch Facility boat ramp and floating dock were originally built in 1969 as a launch point for fishing and non-motorized recreational watercraft on the Sacramento River.

The boat launch site currently covers approximately 59,720 square feet (sf) (1.37 acres [ac]) and currently includes a single-lane boat ramp, boat access dock, public restroom, parking stalls, and area lighting. In 2004/2005, the facility was upgraded with a new floating dock and expanded parking with 25 pull-through boat trailer stalls. In the last decade, boating activity in Redding has Packet Pg. 466 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023
seen a steady rise, and this stretch of the river provides a world-class fly-fishing experience. With the Sacramento River drawing local, regional, and international visitors, the City’s use data indicates the ramp’s popularity has contributed to an over-capacity condition, as the narrow launch ramp does not allow two boats to efficiently launch at one time.

According to the City, users of the facility have expressed concern for the lack of capacity and the floating dock’s inadequacy for use by drift boats, which are extremely common in the river. In addition, the original on-site restroom does not have the capacity to serve the heavy use of the prime fly-fishing season nor is it compliant with Americans with Disabilities Act (ADA) standards. The City’s Community Services Department is proposing to improve the existing Turtle Bay Boat Launch Facility to increase the capacity of recreational boating offerings to meet demand.

The proposed Turtle Bay Boat Ramp Project (project) would include a widened, two-lane boat ramp, an extension of the existing floating dock, and a new boating access beach adjacent the ramp for drift boats and non-motorized vessel launching. The project would also include additional boat trailer parking stalls, an ADA-compliant restroom, wastewater line extension and replacement, extension of the Sacramento River Trail and bike paths through the site, storm water and irrigated landscape improvements, and an ADA access ramp to the new beach. Adjacent to the trail there will be a small overlook area with picnic tables. Work involves earthwork, grading, new structures, drainage and utility modification, tree removal, tree planting, paving, lighting, striping, gates, fencing, security systems, and sign installation.

The existing boat ramp would be resurfaced with a pre-cast concrete V-groove finish to improve traction and safety among users and widened by approximately 3-feet to include two 15-feet wide lanes. The proposed extended portion of the boat ramp is approximately 3-feet wide by 34-feet in length.

The existing floating dock located on the eastern side of the boat ramp would be extended with an additional section. An additional pile would be installed to hold the new extended dock section in place. The proposed extended section is approximately 8.5-feet wide and 24-feet long, and the new piling would be approximately 10.75 inches in diameter. The single piling would be installed using a “cast-in-drilled-hole pile” method, or vibrationally pushed in via an excavator.

The proposed drift boat beach area is in an area of low-lying riverbank located west of the existing boat ramp. Grading of the drift boat beach area would occur below the Ordinary High Water Mark (OHWM), and would amount to disturbance of approximately 2,500 square feet.

Approximately 185 cubic yards of fill would be excavated and removed from the drift boat beach.

This material would be hauled to a nearby landfill. Geogrid fabric (or similar) would be incorporated into the drift boat beach area and would be revegetated with grass. Higher elevation wooded terrain occurs adjacent to the proposed drift boat beach area. A retaining wall would be constructed within the elevated bank west of the existing boat ramp to create the drift boat beach area. The retaining wall would require up to 65 piles to be inserted along the eastern and northern margins of the drift boat beach area. Piles would be installed using a “cast-in-drilled-hole pile” method. It is likely that each pile would be spaced five to six feet from the other and would be pushed 16 feet below surface and remain 8 feet above surface. Pile driving would not occur.

Packet Pg. 467 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study

March 2023
To construct the in-water project elements equipment would utilize the existing concrete boat ramp to reach work areas. However, if the equipment cannot reach work areas from the concrete boat ramp, then a temporary gravel working pad would be constructed to enable equipment access.

Prior to in-water work, seine netting of the boat launch inlet area would be conducted by qualified biologists to clear fish out of the work area. The biologists would walk into the water holding a large net and gently encourage the fish out of the work area. A gravel berm would then be constructed in a semi-circle, at the mouth of the boat launch inlet, out of silt-free spawning grade gravel to exclude fish from the work area and to provide sediment control for the project. The berm would be approximately 150 feet long and 8 feet wide at the base. The berm would be constructed using an excavator operated on the existing concrete boat ramp (as feasible) or from the proposed drift boat beach area. Prior to completion of the gravel berm, a section of the gravel berm would be intentionally left unfinished and seine netting would be conducted again to ensure fish are not trapped within the work area. The unfinished portion of the gravel berm would be filled in with gravel and completed following seine netting, resulting in a work area free of fish.

No fish would be handled during this process.

After the gravel berm is constructed, a temporary gravel work pad would be constructed within the work area to enable an excavator to reach areas inaccessible from the existing boat ramp or drift boat beach area. The temporary gravel work pad would also be constructed out of clean, siltfree spawning grade gravel and would be approximately 18-feet wide. The gravel berm and gravel work pad would remain in place for the minimum time required to complete the in-water work.

Following construction and once sediment from construction activities has settled, the gravel berm would be breached using the bucket of the excavator, and the gravel berm and gravel work pad would remain to be washed downstream during future high-water flows. Some of the gravel may be moved further into the Sacramento River to enable a boating access pathway from the boat ramp, floating dock, and drift boat beach area. The gravel (to be washed downstream) would act as an enhancement to salmon spawning habitat.

An existing natural kayak launch, approximately 500 feet downstream, would be decommissioned to protect salmonid redds. The area would be planted with native vegetation and boulders (or some other barrier) may be used to prevent access. The new drift boat beach would replace the existing kayak launch.

The existing parking lot would be expanded to the east, and in total the entire parking lot would include storm water and landscaping improvements, new area lighting, 40 pull-through boat trailer stalls and 5 standard parking stalls. Two of the pull-through stalls and one of the standard stalls would be ADA accessible. The area of proposed parking lot expansion to the east includes 23,515 square feet (0.54 ac) of previously disturbed graveled area adjacent to the existing parking lot. The expanded parking lot would be resurfaced with pavement to match the existing parking lot.

An ADA-accessible pathway is proposed between the ADA parking stalls and the beginning of the boat launch and drift boat beach area, and a shaded fish cleaning station may be installed. The Packet Pg. 468 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023
Sacramento River Trail is proposed to be extended through the project site to increase access opportunities for users including cyclist and pedestrians. A new four-unit ADA accessible restroom is proposed and will likely be located southwest of the boat ramp.

Higher elevation wooded terrain occurs adjacent to the proposed drift boat beach area. A retaining wall would be constructed within the elevated bank west of the existing boat ramp to create the drift boat beach area. The retaining wall would require up to 65 piles to be inserted along the eastern and northern margins of the drift boat beach area. Piles would be installed using a “cast-in-drilled-hole pile” approach, which typically includes drilling 36-inch diameter holes into the soil, followed by placement of the piles and filling the hole in the pile with concrete. It is likely that each pile would be spaced five to six feet from the other and would be pushed 16 feet below surface and remain 8 feet above surface. Pile driving would not occur. Geogrid fabric (or similar) would be incorporated into the drift boat beach area and would be revegetated with grass.

Construction of the project is anticipated to take approximately 10 months. Staging of equipment and materials would be within the project boundaries. A narrow sliver of adjacent property would need to be acquired for the project, and construction is anticipated to occur in 2025. Construction may occur earlier if all approvals are obtained and funding is available; however, funding limitations may require some project amenities to be phased.

9. Surrounding Land Uses and Setting:

The project area is located on what was historically low-lying, gravelly, alluvial land, bordered along the west by a river terrace. The terrace is about 30 feet above the project area. The terrain in the project area is flat with elevations generally between 490 and 500 feet above sea level.

The project area is bounded by the Sacramento River to the north, Sundial Bridge and Turtle Bay Exploration Park to the east, Redding Memorial Park to the west, and the rodeo grounds and associated parking to the south. The project area primarily consists of two parking lots; a graded and graveled one to the east (Figure 3), and a paved western lot that serves that boat ramp. The two lots are connected by Aoki Way, a paved road. There is a fenced dirt area south of Aoki Way, which is part of the rodeo grounds. The boat ramp is an excavated ramp sloping down to the Sacramento River. A riparian corridor and forested hilly terrain exists along the Sacramento River and towards the western extent of the project area.

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):
 U.S. Army Corps of Engineers
 National Marine Fisheries Service
 State Office of Historic Preservation
 California Department of Fish and Wildlife
 California Regional Water Quality Control Board
 Central Valley Flood Protection Board
 State Lands Commission
Packet Pg. 469 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study

March 2023

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.?
The City consulted with the Native American Heritage Commission (NAHC) and local Native American groups and individuals pursuant to Public Resources Code Section 21080.3. This consultation included contacting the local Native American individuals identified by the NAHC via letters, emails, and follow-up phone calls. Two local Native American tribes responded, and consultation is ongoing. Additionally, NAHC conducted a review of its Sacred Lands database for culturally significant properties and indicated that the results were negative.

Packet Pg. 470 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023

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” or “Less than Significant Impact with Mitigation Incorporated” as indicated by the checklist on the following pages.

Aesthetics Agricultural and
Forestry Resources Air Quality
X Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology/Water
Quality Land Use/Planning Mineral Resources
Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities/Service
Systems Wildfire X Mandatory Findings ofSignificance

DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY)
Based on the 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.

Packet Pg. 471 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) Packet Pg. 472
Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study

March 2023

EVALUATION OF ENVIRONMENTAL IMPACTS
This section analyzes the potential environmental impacts associated with the proposed project. The issue areas evaluated in this Initial Study include:
 Aesthetics
 Agricultural and Forestry Resources
 Air Quality
 Biological Resources
 Cultural Resources
 Energy
 Geology/Soils
 Greenhouse Gas Emissions
 Hazards & Hazardous Materials
 Hydrology/Water Quality
 Land Use/Planning
 Mineral Resources
 Noise
 Population/Housing
 Public Services
 Recreation
 Transportation
 Tribal Cultural Resources
 Utilities/Service Systems
 Wildfire
 Mandatory Findings of Significance
The environmental analysis in this section is patterned after the Initial Study Checklist recommended by the State of California’s CEQA Guidelines and used by the City of Redding in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to analyze the development’s impacts more fully and to identify mitigation.

For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long-term, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses:
 No Impact. The development will not have any measurable environmental impact on the environment.
 Less-Than-Significant Impact. The development will have the potential for impacting the environment although this impact will be below established thresholds that are significant.  Less-Than- Significant with Mitigation Incorporated. The development will have the potential to generate impacts which may be considered as a significant effect on the environment; however, mitigation measures or changes to the development’s physical or operational characteristics can reduce these impacts to levels that are less than significant.  Potentially Significant Impact. The development will have impacts which are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less-than-significant levels.

Where potential impacts are anticipated to be significant, mitigation measures will be required so that impacts may be avoided or reduced to insignificant levels.

Packet Pg. 473 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study Turtle Bay Boat Ramp Project Page 9
February 2023
Prior environmental evaluations applicable to all or part of the project site:
 City of Redding General Plan, 2000
 City of Redding General Plan Final Environmental Impact Report, 2000, SCH #1998072103 List of Attachments/References
Appendix A: Figure 1
Appendix B: Biological Resources Report, GHD Consulting 2022* Appendix C: Biological Assessment, GHD Consulting 2022* Appendix D: Technical Memorandum, GHD Consulting 2022*
Appendix E: Aquatic Resources Delineation Report, GHD 2022* Appendix E: Archaeological Resources Study, Anthropological Studies Center, Sonoma State University 2022*
* Appendices are on file in the Public Works Department – Engineering Division Packet Pg. 474 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023
I. AESTHETICS
Except as provided in Public Resources Code Section
21099, would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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
the site and its surroundings (public views are
those that are experience 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?
Discussion
a) During the construction period, construction workers, vehicles, and equipment, including heavy machinery, would be present and visible to recreational visitors in the area. Construction activities involves earthwork, grading, new structures, drainage modification, utility modification tree removal, tree planting, paving, lighting, striping, and sign installation. Once construction is completed, the project area would be restored to pre-project conditions. The proposed project would not represent a significant change to scenic vistas or the overall scenic quality of the area. The impact would be less than significant. b) The proposed project is not located within, or adjacent to, a state-designated scenic highway (California Department of Transportation 2022) and would, therefore, have no impacts. c) The proposed project would be compatible with the existing visual character of the property and its surroundings. Project components would be consistent with the surrounding visual environment, which has been subjected to urban development and recreational open space uses.

Further, construction staging areas would be temporary. The proposed project would not conflict with the City’s goal to maintain a “proper balance between development areas and the natural environment” (City of Redding 2009); therefore, impacts of the proposed project on the existing visual character and quality of existing views would be less than significant. d) Construction of the proposed project may involve the use of temporary safety and security lighting in staging areas. Temporary construction lighting will comply with the City’s Zoning Packet Pg. 475 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study Turtle Bay Boat Ramp Project Page 11
February 2023
Ordinance light standards that require light shielding (City of Redding 2019). Project lighting would be consistent with existing lighting sources used on area roads and trails. The lights will produce light at 1.0 lux or less and will be shielded, directing light only to areas of intended illumination. Potential glare from reflective signage, pavement striping, and trail surfaces would be similar to levels emitted by existing parking areas and trails. Construction equipment, machinery, and bright colored traffic control signage may temporarily increase light and glare in the project area during construction. Operational and construction impacts on day or nighttime views in the area because of project lighting would be less than significant.

Documentation
 California Department of Transportation. 2022. California Scenic Highway Mapping System – Shasta County. Available at:
http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/.  City of Redding. 2019. Municipal Code – Zoning Ordinance Chapter 18.40.090.  City of Redding. 2009. General Plan – Community Development and Design Element.

Mitigation
No mitigation required.

II. AGRICULTURE AND FORESTRY 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 Mode (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 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 bin Forest Protocols adopted by
the California Air Resources Board. Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Convert Prime Farmland, Unique Farmland, or
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?
Packet Pg. 476 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023
In determining whether impacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural, Land Evaluation and Site Assessment Mode (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 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 bin Forest Protocols adopted by
the California Air Resources Board. Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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?
Discussion
a-e) The project area does not include any designated farmland or timberlands. According to the California Department of Conservation’s Farmland Mapping and Monitoring Program, no lands within the project area are under Williamson Act contracts and no lands are mapped as “Important Farmlands.” The proposed project would not convert any farmland to nonagricultural use, or any forestland to non-forest use; therefore, there would be no impact.

Documentation
 City of Redding. 2009. General Plan – Natural Resources Element.  City of Redding. 2022. GIS Parcel and Zoning Map Viewer.  California Department of Conservation. 2018. Farmland Mapping and Monitoring Program, Shasta County Important Farmland.

Mitigation
No mitigation required.

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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:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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?
Discussion
a,b) City standards implemented through the Grading Ordinance and Uniform Building Code require implementation of conservation measures and best management practices (BMPs) that contribute to achieving the City’s goal of at least a 20% reduction in emissions or the best reduction otherwise feasible. The following standard conservation measures and BMPs will be used during construction to limit dust and particulate matter less than 10 microns in diameter (PM10) emissions:
AQ-1. Nontoxic soil stabilizers shall be applied according to manufacturer’s specification to all inactive construction areas.
AQ-2. All grading operations shall be suspended when winds (as instantaneous gusts) exceed 20 miles per hour.
AQ-3. Water all stockpiles, access roads, and disturbed or exposed areas, as necessary, to prevent airborne dust.
AQ-4. Pursuant to the California Vehicle Code (Section 23114(e)(4)) (California Legislative Information 2016), all trucks hauling soil and other loose material to and from the construction site shall be covered or shall maintain at least 6 inches of freeboard (i.e., minimum vertical distance between top of load and the trailer). AQ-5. All public roadways used by the project contractor shall be maintained free from dust, dirt, and debris caused by construction activities. Streets shall be swept at the end of the day if visible soil materials are carried onto adjacent public paved roads.

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March 2023
Shasta County, including the far northern Sacramento Valley, currently exceeds the state's ambient standards for ozone (smog) (CARB 2020). Consequently, these pollutants are the focus of local air quality policy, especially when related to land use and transportation planning. Even with application of measures to reduce emissions for individual projects, cumulative impacts are unavoidable when ozone emissions are involved. For example, the primary source of emissions contributing to ozone is from vehicles. Any project that generates vehicle trips has the potential to incrementally contribute to the problem. The Environmental Impact Report for the City’s General Plan acknowledged this dilemma; and as a result, the City Council adopted Findings and a Statement of Overriding Considerations for impacts on air quality resulting from growth supported under the General Plan (City of Redding 2009).

Construction equipment would result in limited temporary emissions of Reactive Organic Gases (ROG) and oxides of nitrogen (NOx), which are ozone precursors, and inhalable PM10.

The proposed project would be under construction for approximately 10 months. Because the proposed project is a recreational project with a relatively small footprint requiring limited construction activities and equipment for its construction, it would be classified as a minor project in accordance with the City’s General Plan findings. The adherence to standards and BMPs set forth by the City further illustrates the size and scope of construction activities that would result in unmitigated emissions less than the 25 pounds per day of NOx, 25 pounds per day of ROG, and 80 pounds per day of PM10 Level "A" mitigation thresholds identified as part of the City’s General Plan. The proposed project would be consistent with the City’s emissionreduction goals of 20 to 25% established in the Air Quality Element of the General Plan.

The proposed project would have no impact on air quality plans or policies. The proposed project’s cumulative contribution to criteria pollutants in a non-attainment area would be less than significant with the use of the conservation measures and BMPs (AQ-1 through AQ-6) previously described).
c,d) Construction vehicles would generate fugitive dust and diesel exhaust emissions. There are approximately 40 residences that would be adjacent to construction activities with several that could be as close as 100 feet from the construction area. Additionally, recreational users at Cascade Park could be considered sensitive receptors; however, these receptors would have limited exposure since use of the park occurs in intermittent phases (rather than prolonged exposure). Impacts on the neighboring residents as well as park users because of construction emissions would be temporary, localized, and minor. Construction activities would occur in a linear nature, and no sensitive receptors would be substantially affected for prolonged periods of time. Adherence with City specifications outlined in BMPs AQ-1 through AQ-6 would further reduce overall emissions exposure to residents and park users. No operational emissions, including odor, would result from the proposed project. There are no other sensitive receptors (e.g., hospitals, schools) in the immediate project vicinity. Therefore, impacts would be less than significant.

Documentation
 California Air Resources Board (CARB). 2020. Area Designation Maps/State and National.

Accessed at: https://www.arb.ca.gov/desig/adm/adm.htm. June.  City of Redding. 2009. General Plan, Air Quality Element.

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 City of Redding. 2000. CEQA Findings of Fact and Statement of Overriding Considerations for the City of Redding General Plan Final Environmental Impact Report, as adopted by the Redding City Council on October 3, 2000, by Resolution 2000-166.  Shasta County Air Quality Management District. 2003. Protocol for Review, Land Use Permitting Activities, Procedures for Implementing the California Environmental Quality Act. November.
 Shasta County Air Quality Management District. 2003. Environmental Review Guidelines, Procedures for Implementing the California Environmental Quality Act. November.

Mitigation
No mitigation required.

IV. BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or specialstatus species in local or regional plans, policies, or regulations, or by the California Department of
Fish and Wildlife 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 Wildlife 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?
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Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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?
Discussion
a) A Biological Resources Report (GHD 2022), including a summary of findings for the protocollevel botanical survey, a habitat assessment survey for VELB, a biological reconnaissance survey, and delineation of waters of the United States, was prepared to assess the impacts of the proposed project on biological resources in the project area and vicinity.

Special-status Plants
Based on database and information review, habitat for numerous special-status plant species, including one federally listed species, one state listed species, and one state candidate species have the potential to occur in the project vicinity. Each plant species was reviewed in relation to the habitat conditions in the project area, and the following three species were found to have a moderate to high potential to occur in the project area.  Silky cryptantha (Cryptantha crinita)
 Shasta snow-wreath (Neviusia cliftonii)
 Maverick clover (Trifolium piorkowskii)
Two seasonally appropriate floristic surveys were conducted on May 11 and July 6, 2022, and no special-status plants were found to occur within the project area (GHD 2022); therefore, implementation of the proposed project would not impact special-status plant species.

Special Status Fish and Mollusks
The following federal and state listed fish species have a moderate to high potential to occur in or adjacent to the project area:
 Green Sturgeon, Southern DPS (Acipenser medirostris)
 Steelhead - Central Valley DPS (Oncorhynchus mykiss irideus pop. 11)  Chinook Salmon - Central Valley spring-run ESU (Oncorhynchus tshawytscha pop. 6)  Chinook Salmon - Sacramento River winter-run ESU (Oncorhynchus tshawytscha pop. 7)
 Western Pearlshell (Margaritifera falcate)
The proposed project is within and adjacent to the Sacramento River, which provides spawning and juvenile rearing habitat for special-status fish and mollusks. The project area is within Packet Pg. 481 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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designated critical habitat for all of the above listed fish species. In addition, Essential Fish Habitat exists within the Action Area for Chinook Salmon.

Green Sturgeon are known to spawn in the Sacramento River. This species has been recorded downstream of the Anderson-Cottonwood Irrigation District Diversion Dam. Large numbers of this species have been recorded in recent years in Red Bluff; there are no fish passage barriers between Red Bluff and the Project Area. Suitable aquatic habitat exists in the Sacramento River within the Project Area and BSA. Based on records and available habitat, the species has a high potential to be present, spawn, and forage in the Project Area and BSA, though presence is likely to be seasonal (associated with upstream migration and spawning).

Steelhead have been recorded in the Sacramento River adjacent to the Project Area as recently as 2010. Suitable aquatic habitat exists in the Sacramento River within the Project Area and BSA. Based on records and available habitat, the species has a high potential to be present, spawn, and forage in the Project Area and BSA, though presence is likely to be seasonal (associated with upstream migration and spawning).

Chinook Salmon have been recorded in Sacramento River adjacent to the Project Area as recently as 1995. Suitable aquatic habitat exists in the Sacramento River within the Project Area and BSA. Based on records and available habitat, the species has a high potential to be present, spawn, and forage in the Project Area and BSA, though presence is likely to be seasonal (associated with upstream migration and spawning).

The Western Pearlshell is an aquatic freshwater mussel. Its geographic distribution spans the western U.S. including Alaska, California, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming. The mussel tends to prefer low velocity water. This species is primarily threatened by water diversion, pollution, and siltation (NatureServe 2022). Western Pearlshells have been recorded in the Sacramento River adjacent to the Project Area as recently as 2008. Suitable aquatic habitat exists in the Sacramento River within the Project Area and BSA.

A Biological Assessment (BA) was prepared to assess the potential for the proposed project to impact listed fish (GHD 2022). Potential impacts on listed salmonids and sturgeon caused by construction activities include, but are not limited to, spills and discharges of hazardous materials, mainly fuels, lubricants, and uncured concrete from construction activities; introduction of invasive species; removal of riparian vegetation and bank disturbances. Impacts to special status fish and mollusks in the project area may include injury or mortality as a result of construction of the gravel berm, exclusion via seine netting, or increased levels of in-water sedimentation.

Installation of the gravel berm could adversely affect fish due to the placement of gravel, however with inclusion of mitigation measures, the area would be seined prior to gravel berm construction, and equipment operators would utilize methods to alert fish of forthcoming movement to encourage fish to move out of the work area prior to placement of gravel.

Installation of the gravel berm would result in an isolated, fish-free work area. The seining method will involve two (or more) biologists slowly walking a long net, from the shore to the berm location. The fish would be encouraged to swim away from the net and out of the work Packet Pg. 482 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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area without capture. No handling of ESA or CESA listed species would occur during construction of the gravel berm or in association with the project, and informal consultation with NMFS under the ESA is anticipated. Upon construction completion, the gravel berm would be breached and the gravel pad and berm would be left in place to provide the benefit of approximately 236 cubic yards of spawning grade gravels to augment spawning opportunities for salmon.

The BA findings conclude that the proposed project may affect, but is not likely to adversely affect Central Valley spring-run ESU Chinook salmon, Sacramento River winter-run ESU Chinook salmon, and Central Valley DPS steelhead, and southern DPS green sturgeon. The findings also conclude that the proposed project may affect, but is not likely to adversely affect, and would not destroy or modify, designated critical habitat for the four listed species.

Additionally, it is determined that Essential Fish Habitat exists within the Action Area for Chinook Salmon (NOAA 2022); however, no Habitat Areas of Particular Concern (HAPC) occur within the Action Area (NOAA 2022).

Mitigation Measures MM-1 through MM-4 will be implemented to avoid or minimize impacts on special-status fish and/or their habitat during construction. With implementation of the measures, impacts on listed fish would be less than significant. In addition, standard conservation measures and BMPs HAZ-1 through HAZ-5, WQ-1 through WQ-3, and BIO-1 through BIO-3 are incorporated into all projects that require earthwork and work near streams.

BIO-1. A Stormwater Pollution Prevention Plan (SWPPP), as required by the City of Redding Stormwater Quality Management and Discharge Control Ordinance, will be prepared to address BMPs that will be used to prevent erosion and sediment loss within the project site. BMPs such as silt fence, mulching and seeding, and straw wattles will be placed where needed to prevent sediment from leaving the site during and after construction.

BIO-2. Appropriate sediment control measures (e.g., silt fences, straw wattles) shall be in place prior to the onset of construction activities near waters of the United States and in project areas where there is a potential for surface runoff to drain into waters of the United States. Sediment control measures shall be monitored and maintained until construction activities have ceased.

BIO-3. High visibility fencing, flagging, or markers will be installed along the edges of the work zone near jurisdictional waters and riparian areas to prevent unauthorized access.

Special-status Wildlife
The following special status wildlife species have the potential to occur in or adjacent to the project area:
 Valley elderberry longhorn beetle (Desmocerus californicus dimorphus) - federally listed as threatened.
 Western pond turtle (Emys marmorata) - state species of special concern.  Foothill Yellow-legged Frog (Rany boylii) – state species of special concern.  Bald Eagle (Haliaeetus leucocephalus) - federally delisted, state listed as endangered, state listed as fully protected.

Packet Pg. 483 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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 Osprey (Pandion haliaetus) - state watch list.
 Great Egret (Ardea alba) – CA Dept. of Forestry, sensitive.  Bank Swallow (Riparia riparia) – state threatened.
 Silver-haired bat (Antrozous pallidus) – IUNC, least concern  Hoary bat (Lasiurus blossevilla) – IUNC, least concern Valley Elderberry Longhorn Beetle (VELB). Suitable habitat for the VELB is present adjacent to the project area. Two elderberry shrubs were observed adjacent to the project boundary. The northern elderberry shrub is approximately 75-feet from the project’s disturbance boundary, and the southern elderberry shrub is approximately 50-feet from the project’s disturbance boundary. The northern elderberry shrub exhibited VELB exit holes, however no VELB exit holes were observed in the southern elderberry shrub.

The proposed project does not include the removal or modification of the elderberry shrubs.

Equipment would remain within the disturbance boundary, therefore project activities and/or equipment would be at least 75-feet and 50-feet from the northern and southern elderberry shrubs, respectively, at all times. No vegetation within 110-feet of the northern and southern elderberry shrubs, respectively, would be removed under the project. Therefore, habitat fragmentation in the immediate vicinity of the elderberry shrubs would not occur.

Although no modifications or removal of the identified elderberry shrubs are proposed and no work would occur within 75-feet and 50-feet of the shrubs, adverse effects to VELB could occur if elderberry shrubs occur within 165-feet of the project Area. Project activities planned to occur within 165-feet of a shrub include demolition of the bathroom, disconnection of various utilities, construction of the new bathroom, and removal of two trees. The trees to be removed are located approximately 110-feet from both shrubs, and 153-feet from the northern elderberry shrub.

Five mature trees and a vegetative buffer would remain intact between the elderberry shrubs and much of the proposed project work, including four mature oaks with 40- to 50-inch dbh, thereby providing protection from a portion of the project disturbance and remaining habitat continuity.

Direct and indirect effects to VELB are not anticipated due to the spatial and environmental buffer between VELB habitat and Project activities via the large mature trees and existing vegetation. The findings conclude that the proposed project will have no effect to VELB. The findings also conclude that the proposed project will have no effect on designated critical habitat for VELB. The U.S. Army Corps of Engineers is the federal lead agency for the project and will initiate Section 7 consultation with the U.S. Fish and Wildlife Service as needed. While the project will have a less than significant impact on VELB, the following conservation measures and BMPs have been incorporated into the project.

BIO-4. The construction area will be fenced, staked, or flagged as close to the limits as feasible.

BIO-5. A qualified biologist will provide training for all contractors, work crews, and any onsite personnel on the status of the VELB, its host plant and habitat, the need to avoid damaging the elderberry shrubs, and possible penalties for noncompliance.

Packet Pg. 484 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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Western Pond Turtle. The Sacramento River provides potential aquatic habitat for the western pond turtle, and upland habitats in the project area may be used for nesting. Use of heavy machinery could result in direct impacts such as injury or mortality of western pond turtle if individuals are present in the project area during construction. Nesting could be indirectly impacted by vegetation removal in upland habitats. Discharge of sediment into the river could also indirectly impact this species. Implementation of Mitigation Measure MM-5 will reduce impacts on western pond turtle to a less-than-significant level.

Foothill Yellow-legged Frog. The project could adversely affect foothill yellow-legged frog if individuals were present in the project area during construction. Potential direct effects include harassment, injury, and mortality of individuals due to equipment and vehicle traffic. The species may also be affected if construction activities result in degradation of aquatic habitat and water quality due to erosion and sedimentation, and accidental fuel leaks or spills. Based on records and available habitat, the species has a moderate potential to be present, nest, and forage in the project area. MM-5 will also be used to ensure any impacts on foothill yellow-legged frogs would be less than significant.

Migratory Birds and Raptors. The project area and vicinity provide nesting and foraging habitat for various birds, including raptor species. Special-status bird species that could use these habitats include bald eagle, osprey, great egret, bank swallows, and a variety of migratory bird species. A bald eagle nest is located approximately 0.5 mile southeast of the project area, and an osprey nest is located approximately 515 feet north of the project area (directly across the river).

The nesting and breeding season for raptors is generally November through July, and a typical avoidance buffer is 450-feet for special status raptors unless a smaller buffer is approved by the CDFW. The nesting and breeding season for migratory birds is February through August and avoidance buffers vary based on the species.

Construction activities (e.g., vegetation removal, ground disturbance, and equipment noise) would occur during the avian and raptor breeding seasons and could disturb nesting birds or raptors in or adjacent to the project area, resulting in the loss of fertile eggs or nestlings or nest abandonment. Foraging birds and individuals present in or adjacent to the project area outside of the avian breeding season would not be adversely impacted by construction activities due to their high mobility and available habitat outside of the project area. Given the heavy daily use and activity in the area, the history of area construction without nest abandonment, and the distance of the project from the nests, it is unlikely the known nesting raptors would be impacted.

New raptor and migratory bird nests may be assembled prior to construction; therefore, preconstruction bird surveys will be incorporated. Mitigation Measure MM-6 will reduce the potential impacts on raptors and birds to a less-than-significant level.

Special-status Bats. The silver-haired bat and the hoary bat have moderate potential to occur within the project area based on the presence of suitable habitat, including mature trees, tree cavities, loose bark, and foliage. Bats may roost individually or in small groups in tree cavities or in riparian vegetation. Due to the ability of individual bats to move away from disturbance, direct impacts on bats are not expected when the bats are not in a maternity colony. If a tree is removed that contains a maternity colony, the removal could result in mortality or injury of individuals.

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Indirect impacts may occur from construction disturbance if a maternity colony is present in or adjacent to the project area. Significant noise disturbance could result in adults temporarily or permanently leaving a maternity colony. Minor tree removal is proposed as part of the proposed project. Mitigation Measure MM-7 has been incorporated to reduce potential impacts to bats to a less-than-significant level.
b) A riparian corridor and forested hilly terrain exists along the Sacramento River and towards the western extent of the project area comprised of valley oak (Quercus lobata), California live oak (Juglans hindsii), interior live oak (Quercus wislizeni), willow (Salix spp.), white alder (Alnus rhombifolia), and non-native species tree of heaven (Ailanthus altissima) and black locust (Robinia pseudoacacia). Large mature trees (i.e. trees with diameters of 30 inches or greater) exist along the hilly terrain above the riparian corridor within the western portion of the project area and somewhat along the riverfront in the central and eastern portions of the project area.

These species includeg: valley oak, and Fremont cottonwood (Populus fremontii). The large mature trees provide moderate shade over the southern bank of the Sacramento River. No large, mature trees would be removed as a result of the project. The remaining areas within the project area (parking lot, gravelled field, access roads) are highly developed. Trees within the parking lot consist of cork oak (Quercus suber), cedar (Thuja sp.), valley oak, and white mulberry (Morus alba).

Based on the assemblage of tree species, one sensitive natural community (SNC) was found to occur in the project area; Valley Oak Riparian Forest and Woodland. Areas of vegetation along the Sacramento River that do not consist of SNC assemblage species are considered riparian habitat. Two valley oak trees (8-inch diameter at breast height [dbh]) that are considered a component of the Valley Oak Riparian Forest and Woodland SNC would be removed.

The project would require the removal of six trees in the riparian corridor consisting of four native, and two non-native invasive species. Three of the riparian trees, which include two arroyo willows (18-inch dbh) and one California walnut (9-inch dbh), are located immediately west of the existing boat ramp on the lowest elevation of the hillside. These trees would be removed to construct the widened section of the boat ramp and the drift boat beach. During project development, the drift boat beach was modified to preserve numerous large trees. With this design modification, the project impact on SNC, riparian habitat, and native species were significantly reduced. One valley oak (20-inch dbh) and two tree of heaven (18-inch dbh) are located at the eastern end of the project and sit in the southern most section of the riparian corridor next to the parking lot. These three trees would be removed to construct the nonmotorized pathway. Removal of the riparian trees would have an insignificant effect to shading on the River. At the western portion of the project, all of the large mature tree species sit on the hillside above the riparian trees and constitute nearly all shading. At the eastern end of the project, the valley oak and tree of heaven are located by the parking lot and do not contribute shading to the river.

Nine additional trees would be removed, including three native trees (valley oak, 6-inches dbh; valley oak, 12-inch dbh; and cedar, 14-inch dbh) which are located in the parking lot and upland area of the boat ramp. Six non-native trees would be removed, including five cork oak in the parking lot and one white mulberry near the restroom.

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The project would have temporary impacts consisting of tree trimming for construction access, and permanent impacts including the removal of nine native trees; two SNC, four riparian, and three non-riparian. The removal of two SNC trees and four riparian trees will not result in a significant adverse effect to SNCs given the location, elevation, and size of the trees, as well as the abundance of surrounding mature vegetation being retained in the project area. The project will have a less than significant effect on SNCs. The project also includes standard conservation measure and BIO-1, which incorporates environmentally sensitive area (ESA) fencing to protect surrounding habitat.

Although the project will have a less than significant effect, native tree planting will be conducted. The project includes planting a minimum of 27 native trees (3 trees for every 1 native tree removed), within the project footprint and/or at the downstream kayak launch, which is slated for decommission. Revegetation of the kayak launch would naturalize the area, expand riparian habitat and increase shading over the Sacramento River. Planted trees will be irrigated and monitored for a three year establishment period. A revegetation plan will provided to the resource agencies during the permitting process. c) A total of 1.45 acres of potential waters of the United States occurs within the project area (GHD 2022) and consists of riverine “Other Waters of the U.S.” (Sacramento River). The project area does not include state or federal wetlands, or non-federal waters of the State.

The project would temporarily impact 0.13 acre of waters, and permanently impact 0.007 acre of waters. Temporary impacts would result from re-surfaced boat ramp, grading for the drift boat beach area, the gravel berm, and the gravel work pad. Permanent impacts would result from the expanded boat ramp section, the floating dock pile, and the extended floating dock panel.

Indirect impacts could occur due to erosion and sedimentation, accidental fuel leaks, and spills.

Conservation measures and BMPs BIO-1 through -3 (described above under Special-status Fish), and HAZ-1 through -5 included in Section VIII, Hazards and Hazardous Materials will be used to reduce potential impacts to federally-protected waters. The project would have no adverse effect on protected wetlands and impacts would be less than significant.

Prior to construction regulatory permits will be obtained from the U.S. Army Corps of Engineers (Section 404 permit), the California Department of Fish and Game (Section 1600 Lake and Streambed Alteration Agreement), the Central Valley Regional Water Quality Control Board (Section 401 Water Quality Certification), and the Central Valley Flood Protection Board (Floodway Encroachment Permit). A permit may also be required by the State Lands Commission.
d) The Sacramento River supports a variety of salmon, trout, and other aquatic species, including Chinook Salmon Steelhead, Rainbow Trout (Oncorhynchus mykiss), and other trout and bass species. There are four distinct runs of Chinook Salmon in the Sacramento River: fall, late fall, spring, and winter.

Riparian habitat can function as a wildlife corridor, and it is assumed that common and urbanadapted mammals, such as Mule Deer (Odocoileus hemionus) and North American Raccoons Packet Pg. 487 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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(Procyon lotor) utilize the riparian corridor within the project area. Additionally, the project area and action area are located within the Pacific Flyway for migratory birds. The Sacramento River can be considered a large expanse of high quality natural habitat that would support high levels of migratory bird species stopover use, breeding, or wintering specifically, particularly for wading bird and waterfowl.

No “essential connectivity areas,” “natural landscape blocks,” or “small natural landscape areas” that would support other sensitive species have been identified or mapped in the project vicinity by the California Essential Habitat Connectivity Project (CDFW 2022). The “terrestrial connectivity” within the project area is considered to have “limited connectivity opportunity.” No new barriers to terrestrial wildlife movement would result, and the project would not substantially interfere with migratory birds, bats, or other species. The project would temporarily exclude fish from the wetted boat launch area; however, fish would be able to pass the area via the open river. The project would have a less than significant impact on wildlife corridors.
e) The City has adopted a Tree Management Ordinance (Chapter 18.45 of the RMC) that promotes the conservation of mature, healthy trees in the design of new development. The ordinance also recognizes that the preservation of trees sometimes conflicts with necessary land-development requirements. There are no conflicts associated with the project that would prevent implementation of the Tree Preservation Ordinance or other resource protection ordinances. The project would have no impact on resource protection ordinances. f) There are no Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans covering the project area. The project would have no impact on any habitat conservation plan.

Documentation
 California Department of Fish and Wildlife. 2022. California Sensitive Natural Communities.  California Department of Fish and Wildlife. 2022. California Natural Diversity Database.  City of Redding Municipal Code, Chapter 18.45, Tree Management Ordinance  Biological Resources Report, GHD Consulting 2022
 Biological Assessment, GHD Consulting 2022
 Technical Memorandum, GHD Consulting 2022
 Aquatic Resources Delineation Report, GHD 2022
 U.S. Fish and Wildlife Service. 2017. Framework for Assessing Impacts to the Valley Elderberry Longhorn Beetle.

Mitigation
MM-1. All in-water work shall occur during April 1 through June 30 to avoid peak times when listed juvenile anadromous fish would be present.

MM-2. Prior to any in-water work, qualified fish biologists, in consultation with CDFW, shall utilize seine netting to work from the edge of water, outward just before berm construction to remove any individuals that could be within the work area. No handling of fish shall occur. Prior to completion of Packet Pg. 488 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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the gravel berm, the area will be surveyed and seined again by qualified fish biologists to ensure absence of fish in the work area. The berm will serve as a barrier to the in-water portion of the project area. After the gravel berm is constructed, the work pad may be constructed.

MM-3. Prior to any placement of gravel in water, heavy equipment operation practices shall be implemented that minimize the potential for injury or death of listed fish species, including alerting fish to equipment operation in the channel before gravel is placed in the water (i.e. slow, deliberate equipment operation and gently tapping water surface prior to entering or placing gravels in the river channel).

MM-4. The gravel berm and work pad shall be constructed out of ¾-inch minus, silt free, clean, spawning-grade gravel that meets Caltrans’ cleanness test (California Test No. 227) with a value of 85 or higher. Upon construction completion, the gravel berm would be breached and the gravel pad and berm would be left in place to provide the benefit of approximately 236 cubic yards of spawning grade gravels to augment spawning opportunities for salmon.

MM-5. Twenty-four hours (24-hours) prior to initiation of ground disturbance or vegetation removal within 50-feet of suitable reptile and/or amphibian habitat (i.e., Sacramento River and riparian areas), a qualified biologist shall perform a pre-construction survey for western pond turtle, their nests, and foothill yellow-legged frog. If western pond turtles, their nests, or yellow-legged frog are encountered in the project area during construction and could be harmed by construction activities, work will stop immediately in the area and CDFW will be notified. Upon authorization from CDFW, a qualified biologist may relocate the individual(s) the shortest distance possible to a location containing habitat outside of the construction impact zone.

MM-6. If construction or vegetation removal occurs during the nesting season, February 1 through August 31 for birds and November 1 through July 15 for raptors, a qualified biologist shall conduct a pre-construction survey to locate active nests. The pre-construction survey will be performed no more than 7 days prior to the implementation of construction activities. If a lapse in construction activities occurs for 7 days or longer, another pre-construction survey will be performed. If an active nest is found, a qualified biologist (in consultation with the CDFW) will determine the extent of a buffer zone to be established around the nest.

MM-7. Removal of large trees (10-inch dbh or greater) with cavities, crevices, or snags shall occur before maternity colonies form (i.e., prior to March 1) or after young are volant (i.e., after August 15).

If construction (including the removal of large trees) occurs during the non-volant season (March 1 through August 15), a qualified biologist shall conduct a pre-construction survey of the project area to locate maternity colonies and identify measures to protect the colonies from disturbance. The preconstruction survey will be performed no more than seven days prior to the implementation of construction activities. If a lapse in construction activities for seven days or longer occurs between those dates, another pre-construction survey will be performed. If a maternity colony is found a qualified biologist (in consultation with the CDFW) will determine the extent of a construction-free buffer zone to be established around the nest.

Packet Pg. 489 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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February 2023
V. CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
Section 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to Section 15064.5?
c) Disturb any human remains, including those
interred outside of formal cemeteries?
Discussion
a, b, c) Archival research, consultation with the Native American community, and an intensive archaeological survey are summarized in the Archaeological Resources Study (Sonoma State University, 2022). The cultural resources inventory identified no cultural resources within the project area.

The project area, except for the western edge and west of the boat ramp, lies on a historical gravel point bar, the result of deposition at the bend of the Sacramento River. The lack of vegetation indicated on the 1944 USGS maps and the lack of historical development suggests this landform was low-lying and subject to flooding and reworking by the river. The current ground surface may be the result of filling. Although the project vicinity was a locus of Native American habitation, the project area’s sensitivity for surface and buried archaeological resources is low. In addition to being located on a historic gravel and sand point bar, the area has been extensively disturbed with low potential for human habitation.

The main channel of the Sacramento River, at the project location, is natural, navigable, nontidal, and, therefore, State sovereign land under the California State Land Commission’s (Commission) jurisdiction. A lease will be required for the portions of the project extending into the river below the ordinary low water mark. The title to all abandoned shipwrecks, archaeological sites, and historic or cultural resources on or in the tide and submerged lands of California is vested in the State and under the jurisdiction of the Commission (Pub. Resources Code, § 6313).

While the proposed project is not anticipated to impact cultural resources, the following standard conservation measures are included in every project. In the event of an unanticipated discovery of artifacts, including human remains, impacts would be less than significant.

CR-1. If previously unidentified cultural materials are unearthed during construction, it is the City’s policy that work be halted in that area until a qualified archaeologist can assess the significance of the find. Additional archaeological surveys will be needed if the proposed Packet Pg. 490 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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March 2023
project undertaking limits are extended beyond the present survey APE limits. The final disposition of archaeological, historical, and paleontological resources recovered on State land under the jurisdiction of the California State Lands Commission must be approved by the Commission.

CR-2. If human remains are discovered during project activities, all activities in the vicinity of the find will be stopped and the Shasta County Sheriff-Coroner’s Office shall be notified. If the coroner determines that the remains may be those of a Native American, the coroner will contact the Native American Heritage Commission (NAHC). Treatment of the remains shall be conducted in accordance with further direction of the County Coroner or the NAHC, as appropriate.

Documentation
 Archaeological Resources Study (Sonoma State University, 2022).

Mitigation
No mitigation required.

VI. ENERGY
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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?
Discussion
a) During construction, vehicles including worker commuter vehicles and heavy construction equipment, would require the use of gasoline and diesel fuel for power. Construction is anticipated to last approximately 10 months. Construction is estimated to result in a short-term consumption of energy, representing a small demand on local and regional fuel supplies that would be easily accommodated and would be temporary. The short duration of equipment usage and incorporation of energy efficiencies would not create a wasteful or significant increase in demand for fuel supplies; therefore, impacts on energy resources would be less than significant.
b) The proposed project includes improvement of existing amenities and would not require the additional use of energy for operations. The proposed project would not prohibit energy conservation or the use of renewable energy (City of Redding 2009) and would not conflict Packet Pg. 491 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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with or obstruct the City’s plan for renewable energy. Because operations would be consistent with existing conditions, there would be no operational impact. Construction of the proposed project would have a less-than-significant impact on state or local plans related to renewable energy.

Documentation
 City of Redding. 2009. General Plan – Natural Resources Element.

Mitigation
No mitigation required.

VII. GEOLOGY AND SOILS
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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 Publications 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 offsite 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 (1994),
creating substantial direct or indirect risks to life
or property?
Packet Pg. 492 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
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?
Discussion
a, c, d) There are no Alquist-Priolo earthquake faults designated in the project area; and there are no other documented earthquake faults in the immediate vicinity that pose a significant risk of rupture, ground shaking, or otherwise unstable ground conditions. The closest active fault is about 50 miles away from the project site. Implementation of the proposed project would not increase the potential for ground shaking to occur. Ground shaking activities such as earthquakes would have a negligible effect on the project, as it would be designed in accordance with current California Building Code (CBC) seismic design criteria. This CBC design criteria will be incorporated into the project design to help ensure that the project is built to withstand any potential ground shaking that could occur in the project area. The impact would be less than significant.

According to the City’s General Plan, landslides could occur in the westernmost portion of the City (City of Redding 2000); however, the proposed project is not located in an area prone to landslides. The project area is relatively flat and would not pose a significant hazard. There would be no impact related to landslides.

Other types of ground failure such as expansive soils and subsidence (i.e., the gradual settling or sinking of an area with little or no horizontal motion) are not considered to pose a significant hazard within the proposed project area as soils in that area are expected to have a medium to low potential for expansion. The impact would be less than significant.

Soil liquefaction occurs when ground shaking from an earthquake causes a sediment layer saturated with groundwater to lose strength and take on the characteristics of a fluid, thus becoming similar to quicksand. Factors determining the liquefaction potential are soil type, the level and duration of seismic ground motions, the type and consistency of soils, and the depth to groundwater. Loose sands and peat deposits, along with recent Holocene age deposits are more susceptible to liquefaction while older deposits of clayey silts, silty clays, and clays deposited in freshwater environments are generally stable under the influence of seismic ground shaking. According to the City’s Health and Safety Plan element, the project area is in an area having a high potential for liquefaction (City of Redding 2009).

Packet Pg. 493 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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Although soils in the project area have a high potential for liquefaction, key design features would help ensure the pathways and associated project features are constructed to provide structure stability and would be in conformance with state and federal building code requirements. The impact would, therefore, be less than significant. b) During construction, localized erosion could occur due to ground disturbance and stockpiling of soil in the project area. Storm drain and wastewater modification would require soil trenching and excavation. If not properly managed, substantial erosion of stockpiled soils could occur, and sediment could be transported into sensitive receiving waters; however, the proposed project is subject to certain erosion-control requirements and BMPs mandated by existing City regulations which includes:
City of Redding Grading Ordinance. This ordinance requires preparation of an erosion and sediment control plan for projects affecting more than one acre (Redding Municipal Code Title 16). The erosion and sediment control plan requires preparation and description of any BMPs that will be used during construction and post-construction, if needed.
City of Redding Stormwater Quality Management and Discharge Control Ordinance.

This ordinance requires preparation of a Stormwater Pollution Prevention Plan (SWPPP) for projects affecting greater than 1 acre (Redding Municipal Code Title 14).

The objectives of the SWPPP are to identify the sources of sediment and other pollutants that may affect water quality associated with stormwater discharges and to describe and ensure the implementation of BMPs to reduce those sources of sediment and other pollutants in stormwater discharges.

The potential for project construction to result in substantial soil erosion or the loss of topsoil would be less than significant.
e) The proposed project does not involve the use of septic tanks or alternative wastewater disposal; therefore, there would be no impact.
f) A review of published data (Paleobiology Database 2018) indicates that there are no known unique geologic features, fossil-bearing strata, or paleontological sites in the project area. The proposed project will have no impact on paleontological resources.

Documentation
 City of Redding. 2000. 2000-2020 General Plan. Health and Safety Element. October  Paleobiology Database. 2018. The paleobiology database. Available at:
https://paleobiodb.org/#/.

Mitigation
No mitigation required.

Packet Pg. 494 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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March 2023
VIII. GREENHOUSE GAS EMISSIONS
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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
emissions of greenhouse gases?
Discussion
a) Greenhouse gases (GHGs) are recognized by wide consensus among the scientific community to contribute to global warming/climate change and associated environmental impacts because of their ability to trap heat in the atmosphere and affect climate. The major GHGs that are released from human activity include carbon dioxide, methane, and nitrous oxide (Governor’s Office of Planning and Research 2008). The primary sources of GHGs are from industrial facilities, transportation vehicles (including planes and trains), energy/electricity plants, and industrial and agricultural activities (such as dairies and hog farms) (CARB 2021).

GHG emissions from the proposed project would be generated offsite from the production of project materials (e.g., lights, electrical systems), as well as onsite construction-related equipment emissions. While the project would have an incremental contribution in the context of the county and region, construction-related GHG emissions would be short term and minor.

BMPs AQ-1 through AQ-6 (Section III Air Quality) will be incorporated into the proposed project which would reduce construction-related GHG emissions. Project operation would be consistent with existing conditions. The impact would be less than significant. b) The proposed project would not conflict with any applicable plans, policies, or regulations adopted to reduce GHG emissions. As noted in impact “a” and in Section III Air Quality, the proposed project is in conformance with the City’s air quality policies and thresholds, follows state guidelines and regulations, and incorporates BMPs AQ-1 through AQ-6. The proposed project would have a less-than-significant impact on the City’s applicable plans, policies, or regulations related to GHG emissions. The impact would be less than significant.

Documentation
 City of Redding. 2009. General Plan – Air Quality Element.  California Air Resources Board (CARB). 2022. Current California GHG Emission Inventory Data. Available at: Current California GHG Emission Inventory Data | California Air Resources Board. Accessed June 5.

Packet Pg. 495 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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 Governor’s Office of Planning and Research. 2008. Technical advisory: CEQA and climate change: Addressing climate change through California Environmental Quality Act Review.

Sacramento, CA.
 Shasta Air Quality Management District,
https://www.co.shasta.ca.us/index/drm_index/aq_index.aspx. Accessed December 2, 2022.

Mitigation
No mitigation required.

IX. HAZARDS AND HAZARDOUS MATERIALS
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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?
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Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury, or
death involving wildland fires?
Discussion
a, b, d) The proposed project would not present a significant risk due to the use of hazardous materials or emissions. The project area is not on any lists of properties known to contain hazardous materials. A review of known hazardous materials sites databases identified one nearby leaking underground storage tank (LUST) site within an approximate 0.5 mile. The underground tank was removed and remediation actions were taken. The case was closed in 2013 and does not pose a threat to the proposed project in the form of hazardous material leaks or spills.

Construction activities pose a slight risk for solvent or fuel spills or leaks. In accordance with the City’s Stormwater Management Program, and as a part of the Clean Water Act Section 402, National Pollutant Discharge Elimination System, a SWPPP is required when obtaining a general construction permit. Compliance under water quality regulations and the SWPPP would require use of the following standard conservation measures and BMPs to avoid or minimize the potential for accidental release of hazardous materials from spills or fuel leaks during project construction:
HAZ-1. Hazardous materials, including fuels, oils, cement, and solvents, will be stored and contained in an area protected from direct runoff and away from areas where they could enter waters of the United States.
HAZ-2. Construction equipment will be inspected daily for leaks. Leaking fluids will be contained upon detection and equipment repairs will be made as soon as practicable or the leaking equipment will be moved off site.
HAZ-3. Secondary containment such as drip pans or absorbent materials shall be used to catch spills or leaks when removing or changing fluids. Secondary containment will be used for storage of all hazardous materials.
HAZ-4. Spill containment and clean-up materials shall be kept on site at all times for use in the event of an accidental spills.
HAZ-5. Absorbent materials shall be used on small spills rather than hosing down or burying the spill. The absorbent material shall be promptly removed and properly disposed.

The implementation of the SWPPP required by state and local regulations would ensure that the proposed project would not pose a significant risk for solvent or fuel spills. The potential for Packet Pg. 497 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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project construction and operation to create a hazard to the public or the environment through the accidental spill or pollutants would be less than significant. c) There are no existing or currently proposed schools within 0.25 mile of the project area. There would be no impacts on schools.
e) The proposed project is located 1.8 miles from the Benton Airpark; however, the project would be outside of the airport influence area and the limited use at the Benton Airpark would not result in a safety hazard or excessive noise for people working in the project area. No impact. f) The proposed project is located at the end of Aoki Way, which is classified as a local driveway or service road. The project area will be closed during construction; however, the site will include an access road and would not interfere with any emergency response plan. No impact. g) During the construction period, the use of construction equipment in and around vegetated areas increases the potential for wildfire ignition. The project area consists of vegetated areas that could be susceptible to wildfires. However, the proposed project would be constructed in compliance with applicable local, state, and federal requirements, including the California Fire Code, which would ensure that the potential for construction equipment to spark a wildland fire is minimal. Operation of the proposed project would be consistent with existing operations and would not increase the existing wildfire potential. The potential for wildfire ignition from construction and operation of the proposed project would be less than significant.

Documentation
 California State Water Resources Control Board. 2022. Geotracker available at:
http://geotracker.waterboards.ca.gov/.
 California Department of Toxic Substances Control. 2022. EnviroStor – Hazardous Waste and Substances Site List (Cortese) available at: https://www.envirostor.dtsc.ca.gov/.  City of Redding Storm Water Management Program available at:
https://www.cityofredding.org/departments/public-works/environmental-management/stormwater-management.

Mitigation
No mitigation required.

X. HYDROLOGY AND WATER QUALITY
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?
Packet Pg. 498 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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March 2023
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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?
Discussion
a) The boat ramp and drift beach would require work within the Sacramento River. Equipment would be operated from the ramp, beach, and a temporary gravel work pad, and would not enter the river. The precast boat ramp would be installed without dewatering the construction area, instead a gravel berm would be constructed in a semi-circle to contain the water in the work area. Disturbed sediment would settle back to the bottom without entering the river.

The City’s construction standards require that all projects prepare a plan to address water pollution control and incorporate this plan into the project design. In accordance with the City’s Stormwater Quality Management and Discharge Control Ordinance, and as a part of the Clean Water Act Section 402, National Pollutant Discharge Elimination System, the construction standards and specifications for the proposed project will require that an Erosion and Sediment Packet Pg. 499 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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Control Plan (ESCP) be prepared by the contractor prior to construction. The ESCP would help ensure that water quality standards are not substantially affected by the proposed project through the implementation of sediment control measures and runoff prevention practices. The ESCP, BMPs HAZ-1 through HAZ-5, as well as the following BMPs would be implemented:
 WQ-1. All construction work and stockpiling of materials will be confined to the project disturbance area.
 WQ-2. Temporary stockpiling of excavated or imported material will be placed in upland areas.
 WQ-3. Excess soil will be used onsite or disposed of at a regional landfill or other appropriate facility.

The proposed project would have a less than significant impact on water quality. b) Project construction would not substantially deplete groundwater supplies because no groundwater would be used, and no groundwater wells would be affected during construction.

The project would have no impact on groundwater.
c) The project would implement an ESCP and comply with a construction general permit or NPDES that would result in minimal erosion or siltation from the construction of the project, and result in a less than significant impact.

The project would expand the parking lot and widen the boat launch, which would alter the drainage pattern in the project area. The improvements would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite, as stormwater treatment facilities would create some retention. Vehicles using both the parking lot and boat launch create the potential for pollutants to sit on the pavement; however, storm water treatment features have been incorporated into the landscaping features. The treatment features will capture surface flow, treat the flow by removing pollutants, and allow the flow to gradually leave the feature and enter the storm drain system.

A Floodplain Encroachment Assessment (Pacific Hydrologic, 2023) was prepared to evaluate potential impacts to the Federal Emergency Management Agency (FEMA) regulatory 100-year floodplain and designated floodway. It was determined that the project and associated improvements are not within the designated floodway or FEMA floodplain and the project would not result in an encroachment or fill.

The project would not result in flooding, affect the capacity of existing or planned stormwater drainage systems, or provide substantial additional sources of polluted runoff; therefore, the project would have a less than significant impact.
d) The project area includes work within and adjacent to the Sacramento River. The northern portion of the project area is shown in the designated as Floodway Zone AE (Federal Emergency Management Agency 2011). Zone AE is a floodplain designation that has mapped base flood elevations (BSE) determined, and is mapped as a special flood hazard area. The existing boat ramp is partially inundated throughout the year, which allows recreational users to launch their boats. While the boat launch would be widened to allow two boats to be launched Packet Pg. 500 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
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at one time, the improvements are not anticipated to significantly increase use. The current boat ramp configuration requires trucks to sit idling while waiting to access the ramp. The widened ramp will provide efficiency and reduce the amount of time vehicles sit near the water. The threat of a tsunami wave is not applicable to inland, central valley communities such as Redding. Seiches could potentially be generated in either Shasta or Whiskeytown lakes during an earthquake. If a seiche were to overtop Shasta Dam, or in the event of dam failure, the project area would be within the inundation zone. However, regional history documents that the potential for such a threat is low (City of Redding 2000). The project would have a less than significant risk for release of pollutants due to project inundation.

Documentation
 City of Redding. 2000-2020 General Plan. Health and Safety Element figures 4-1 (Ground Shaking Potential) and 4.2 (Liquefaction Potential).
 Federal Emergency Management Agency (FEMA), Floodplain regulations, FIRM Map 06089C1539G, March 17, 2011.
 Floodplain Encroachment Assessment, Pacific Hydrologic Incorporated, January 2023 Mitigation
No mitigation necessary.

XI. LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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?
Discussion
a,b) The proposed project would not divide an established community. The proposed project would be constructed on existing City property and would enhance recreational opportunities for the public. The proposed project would not conflict with any applicable policies and regulations of the City’s General Plan and Zoning Ordinance. There would be no impact.

Documentation
 City of Redding. 2000-2020 General Plan.
 City of Redding. 2022. Municipal Code.

Packet Pg. 501 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study Turtle Bay Boat Ramp Project Page 37
February 2023
Mitigation
No mitigation required.

XII. MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Result in the loss of availability of a known
mineral resource classified MRZ-2 by the State
Geologist that would be of value to the region and
the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan, or
other land use plan?
Discussion
a,b) The project area is not identified in the City’s General Plan as having any known mineral resource value or as being located within any critical mineral resource overlay area. No impact would occur.

Documentation
 City of Redding. 2009. General Plan – Natural Resources Element.  California Department of Conservation. 2016. Mines Online. https://maps.conservation.ca.gov/mol/index.html.

Mitigation
No mitigation required.

Packet Pg. 502 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division

March 2023
XIII. NOISE
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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?
Discussion
a,b) The proposed project would be located in a recreational area adjacent to the river. Existing ambient noise and vibration includes trucks towing trailers along the roadway and utilizing the boat ramp, as well as conversation from recreational users. Noise levels would increase during construction due to the operation of equipment; however, this would be temporary in nature and operation would occur during daylight hours. Construction noise would consist of grading and excavation equipment, trucks, and construction personnel. The project includes cast in drilled hole piles, but does not include pile driving or other percussive methods for construction.

Operation of the project would be similar to existing conditions. Widening of the ramp is not anticipated to increase use, but to make the existing use more efficient. Operation of the drift boat beach will allow more room and increase safety, so those using rafts or kayaks can launch without using the vehicular boat ramp. No permanent or long-term noise impacts would occur because of the proposed project. Noise impacts would be less than significant. c) The proposed project is not located within an airport land use plan or near any airports; therefore, there would be no impacts.

Documentation
 City of Redding General Plan, Noise Element, 2000.
 Redding Municipal Airport. 2004. Redding Municipal Airport Master Plan. https://www.cityofredding.org/home/showdocument?id=865.

Packet Pg. 503 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Public Works Department, Engineering Division Initial Study Turtle Bay Boat Ramp Project Page 39
February 2023
Mitigation
No mitigation required.

XIV. POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
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 roads or other
infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
Discussion
a-b) The recreational improvement project would be constructed in an existing recreational area.

The project is bordered by the river, a cemetery, the rodeo grounds, and Turtle Bay Exploration Park. All properties in the vicinity are zoned for public use or currently built-out. The project would not induce population growth or displace people. The project would have no impact on population and housing.

Documentation
 City of Redding General Plan, Housing Element 2014.

Mitigation
No mitigation required.

XV. PUBLIC SERVICES
Would the project 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:

Potentially
Significant
Impact
Less-ThanSignificant with
Mitigation
Incorporated
Less-ThanSignificant
Impact No Impact
a) Fire Protection?
Packet Pg. 504 Attachment: MND_IS_MMP for Turtle Bay Ramp Project (9.6(a)--Approval of the Turtle Bay Boat Ramp Project) City of Redding
Initial Study Public Works Department, Engineering Division