Vista City Council
November 14, 2023

ACTION:
____________________________
Clerk/Secretary
Department: City Manager Office Item No: C4
Prepared by: Angela Baggett, Management Analyst Meeting Date: November 14, 2023 Approved by:

Imelda Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: APPROVING THE APPLICATION FOR THE CALIFORNIA NATURAL RESOURCES

AGENCY URBAN GREENING PROGRAM
RECOMMENDATION: Adopt City Council Resolution No. 2023- , authorizing submittal of an application for the California Natural Resources Agency Urban Greening Program.

CORRELATION TO CITY COUNCIL GOALS: Climate and Environmental Responsibility, and Parks & Recreation
PRIOR ACTION: On October 5, 2023, discussed the status of the City’s Climate Action Plan and provided direction to staff (Vote: No vote).

On October 12, 2021, City Council Resolution 2021-176, adopting the Climate Action Plan Update (Vote 4-1, Melendez opposed).

On December 10, 2013, City Council Resolution 2013-172, adopted the Climate Action Plan (Vote 5-0).

On February 28, 2012, City Council Resolution 2012-42, adopting the General Plan Update (Vote 4-0, Ritter did not participate because of statutory conflict of interest).

STATEMENT ON THE SUBJECT: Signed into law in 2006, Assembly Bill (AB) 32, also known as the California Global Warming Solutions Act of 2006 required a sharp reduction of greenhouse gas (GHG) emissions to 1990 levels by 2020. AB 32 was the first program to take a comprehensive, long-term approach to addressing climate change to improve the environment and natural resources while maintaining a robust economy. Senate Bill (SB) 32 confirms the State’s continued commitment to reducing GHG emissions by directing emissions reductions to meet a target of 40% below 1990 levels by 2030.

Signed into law on September 14, 2016, SB 859 (Chapter 368, Statutes of 2016) created the California Natural Resources Agency’s (Agency) Urban Greening Program, funded by the Greenhouse Gas Reduction Fund (GGRF). The Budget Act of 2022 (Chapters 43, 45, and 249, Statutes of 2022), as amended by the Budget Act of 2023 (Chapter 38, Statutes of 2023) allocated $25 million from the General Fund to the Agency for its Urban Greening Program for projects that reduce GHG emissions and provide multiple benefits.

Over the years, the Agency has administered a suite of programs including the California River Parkways Program, Environmental Enhancement and Mitigation Program, and the Urban Greening Program funded AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2023-187.

Vote: 5-0.

MEETING DATE: November 14, 2023 PAGE 2
SUBJECT: APPROVING THE APPLICATION FOR THE CALIFORNIA NATURAL RESOURCES

AGENCY URBAN GREENING PROGRAM
by Proposition 84 and GGRF. These programs funded projects that provided a wide variety of benefits such as environmental, health, and community revitalization throughout the State. The Urban Greening Program, funded by the General Fund, continues the legacy of these programs. Consistent with AB 32, the Urban Greening Program will fund projects that reduce greenhouse gases while also transforming the built environment into places that are more sustainable, enjoyable, and effective in creating healthy and vibrant communities. These projects will establish and enhance parks and open space, using natural solutions to improve air and water quality and reducing energy consumption, and creating more walkable and bikeable trails.

This program emphasizes, and gives priority to, projects that are located within and benefit the State’s disadvantaged communities and those communities facing the most significant threat from extreme heat.

Approximately $23.7 million is available statewide for urban greening projects.

FISCAL IMPACT: There is no fiscal impact associated with submitting an application. A future agenda report will be brought back to the City Council for appropriation of awarded funds, if the application is successful.

EXHIBITS:

1.City Council Resolution No. 2023- , authorizing submittal of an application for the California Natural Resources Agency Urban Greening Program

2.Urban Greening Program Funding Guidelines
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00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION

FOR THE CALIFORNIA NATUAL RESOURCES AGENCY URBAN GREENING

PROGRAM
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The California Natural Resources Agency Urban Greening Program offers a competitive opportunity to fund projects that reduce greenhouse gases while also transforming the built environment into places that are more sustainable, enjoyable, and effective in creating healthy and vibrant communities.

B. The City Council desires to continue to support parks and recreation and practice climate and environmental responsibility.

2. Action.

A. The City Council authorizes the City Manager, or the City Manager’s designate, to file an application for the California Natural Resources Agency Urban Greening Program and all related materials on behalf of the City of Vista for the Grant Program and to approve and execute, on behalf of the City of Vista, all agreements and related documents necessary and proper for the grant.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on November 14th, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20231030112732
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1

URBAN GREENING PROGRAM

FINAL GUIDELINES

FUNDED BY SPECIFIED GENERAL FUND

STATE OF CALIFORNIA

CALIFORNIA NATURAL RESOURCES AGENCY
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EXHIBIT 2

i

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ii
The Guidelines include information to assist applicants in applying for funding. Please read them in their entirety for important information on project eligibility, evaluation criteria and submission requirements.

For general project evaluation process questions, contact the California Natural Resources Agency at:

Phone: (916) 653-2812
Email: [email protected]
Website: http://resources.ca.gov/grants/urban-greening/

HOW TO SUBMIT

This grant program includes a progressive, three-step evaluation process:

1. Project Proposal

2. Field Visit

3. Supporting Documentation

All documents are submitted through the California Natural Resources Agency’s System for Online Application Review (SOAR) found at: https://soar.resources.ca.gov

To access SOAR, applicants will need to sign up for a SOAR user account. A detailed guide on how to use SOAR and submit applications is located on our website at:
http://resources.ca.gov/grants/ .

SOAR SYSTEM QUESTIONS

For technical assistance with the SOAR website, please contact the SOAR help desk:

Hours: 9:00 AM - 5:00 PM M-F
Phone: (916) 653-6138
Email: [email protected]

When contacting the SOAR help desk, please provide the following:

• Proposal Identification Number (PIN) assigned to the Project Proposal • Name of the Grant Program (Urban Greening)
• Short description of the problem, including where in the Project Proposal the problem is occurring
• A screen shot of the error received, if applicable

TECHNICAL ASSISTANCE WORKSHOPS

The California Natural Resources Agency will conduct technical assistance workshops. A list of workshop dates and times can be found on the California Natural Resources Agency website at https://resources.ca.gov/grants/urban-greening/ .

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iii

TABLE OF CONTENTS
Introduction ............................................................................................................................ 1 Background ........................................................................................................................... 1 Funding Availability ............................................................................................................... 1 Statutory Requirements......................................................................................................... 2 Funding Priorities .................................................................................................................... 2 Other Funding Considerations ............................................................................................. 5 Selection Process ................................................................................................................... 6 Evaluation/Scoring Criteria ................................................................................................... 7 Step 1: Project Proposal ........................................................................................................ 9 Step 2: Field Visits (Qualifying Projects Only) .................................................................... 16 Step 3: Supporting Documentation (Qualifying Projects Only) ...................................... 17 Project Administration (Post Grant Award) ....................................................................... 19 State Audit and Accounting Requirements ..................................................................... 22 Appendices for Step 1: Project Proposal .......................................................................... 23 Appendix A: Submittal Checklists for Project Proposal .............................................. 24 Appendix B: Sample Cost Estimate .............................................................................. 25 Appendix C: Property Data Sheet ............................................................................... 27 Appendix D: Eligible Expenses ...................................................................................... 28 Appendix E: Willing Seller Letter .................................................................................... 31 Appendix F: Disadvantaged Community Criteria and Tools ..................................... 32 Appendix G: Extreme Heat Threat Assessment Tool ................................................... 33 Appendices for Step 3: Supporting Documentation (Qualifying Projects Only)........... 34 Appendix H: Resolution Template ................................................................................ 35 Appendix I: Environmental Compliance ..................................................................... 36 Appendix J: Site Control/Land Tenure Requirements ................................................ 37 Appendix K: Property Permit/Approval Status ............................................................ 39 Appendix L: Sign Guidelines.......................................................................................... 40 Appendix M: Sample Memorandum of Grant Agreement ....................................... 42 Appendix N: Payee Data Record ................................................................................ 43 Appendix O: Deed Restriction Template (Acquisitions Only) .................................... 45 Appendix P: Available Resources ................................................................................ 46 Appendix Q: Definitions ................................................................................................. 48

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1 INTRODUCTION

Signed into law in 2006, Assembly Bill (AB) 32, also known as the California Global Warming Solutions Act of 2006 required a sharp reduction of greenhouse gas (GHG) emissions to 1990 levels by 2020. AB 32 was the first program to take a comprehensive, long-term approach to addressing climate change to improve the environment and natural resources while maintaining a robust economy. Senate Bill (SB) 32 confirms the State’s continued commitment to reducing GHG emissions by directing emissions reductions to meet a target of 40% below 1990 levels by 2030.

Signed into law on September 14, 2016, SB 859 (Chapter 368, Statutes of 2016) created the California Natural Resources Agency’s (Agency) Urban Greening Program, funded by the Greenhouse Gas Reduction Fund (GGRF). The Budget Act of 2022 (Chapters 43, 45, and 249, Statutes of 2022), as amended by the Budget Act of 2023 (Chapter 38, Statutes of 2023) allocated $25 million from the General Fund to the Agency for its Urban Greening Program for projects that reduce GHG emissions and provide multiple benefits.

BACKGROUND

Over the years, Agency has administered a suite of programs including the California River Parkways Program, Environmental Enhancement and Mitigation Program, and the Urban Greening Program funded by Proposition 84 and GGRF. These programs funded projects that provided a wide variety of benefits such as environmental, health, and community revitalization throughout the State. The Urban Greening Program, funded by the General Fund, continues the legacy of these programs. Consistent with AB 32, the Urban Greening Program will fund projects that reduce greenhouse gases while also transforming the built environment into places that are more sustainable, enjoyable, and effective in creating healthy and vibrant communities. These projects will establish and enhance parks and open space, using natural solutions to improve air and water quality and reducing energy consumption, and creating more walkable and bike-able trails.

These Guidelines establish the administrative and evaluation criteria for this competitive program. Grants will be awarded on a competitive basis using evaluation criteria described on pages 6-7. This program emphasizes, and gives priority to, projects that are located within and benefit the State’s disadvantaged communities and those communities facing the most significant threat from extreme heat.

FUNDING AVAILABILITY

Approximately $23.7 million is available for urban greening projects. The State anticipates one funding cycle; however, funding cycles are contingent upon the number of competitive applications.

There are no maximum or minimum grant amounts.

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2 STATUTORY REQUIREMENTS (SB 859)

Eligible Applicants

Grant Funds will be awarded to a city, county, special district, nonprofit organization, or an agency or entity formed pursuant to the Joint Exercise of Powers Act [Chapter 5 (commencing with Section 6500) of Division 7 of Title 1] if at least one of the parties to the joint powers agreement qualifies as an eligible applicant, notwithstanding the Joint Exercise of Powers Act.

Nonprofit organization means any nonprofit corporation qualified to do business in California and qualified under Section 501 (c)(3) of the Internal Revenue Code. California Native American tribal governments are eligible to apply if they have a nonprofit corporation as defined.

Eligible Urban Greening Projects

Eligible urban greening projects will reduce GHG emissions, mitigate the effects of extreme heat, and provide multiple additional benefits, including, but not limited to, a decrease in air and water pollution or a reduction in the consumption of natural resources and energy. Eligible projects will result in the conversion of an existing built environment into green space that uses natural and green infrastructure approaches to create sustainable and vibrant communities.

A competitive project will maximize opportunities to reduce GHG emissions through project design and implementation as well as incorporate green infrastructure solutions that improve the sustainability and function of existing urban hardscapes and landscapes.

In addition to reducing greenhouse gas emissions, SB 859 requires all projects to achieve measurable benefits. Per statute, all projects must do at least one of the following –

• Acquire, create, enhance, or expand community parks and green spaces, and/or • Use natural systems or systems that mimic natural systems to achieve multiple benefits.

FUNDING PRIORITIES

Projects containing the following elements will be given priority consideration in funding decisions:

Statutory Priorities (SB 859)

Additional points will be given to projects that meet two of the following:

1. Provides park or recreational benefits to a critically underserved community or disadvantaged community

2. Proposed by a critically underserved community or disadvantaged community

3. Develops partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training

4. Uses interagency cooperation and integration

5. Uses existing public lands and facilitates the use of public resources and investments, including schools
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3 Disadvantaged Communities

Per SB 859, disadvantaged community means a community identified pursuant to Section 39711 of the Health and Safety Code (CalEnviroScreen 4.0) or pursuant to Section 75005 of the Public Resources Code (a community with a median household income less than 80% of the statewide average). SB 859 directs Agency to allocate at least 75 percent of the funding available to projects located in, and that provides benefits to, disadvantaged communities.

Hereinafter, the term “disadvantaged” refers to either the top 25% highest scoring census tracts in CalEnviroScreen 4.0, or census tracts with median household incomes at or below 80 percent of the statewide average (refer to California State Parks’ Community FactFinder, or Department of Water Resources’ Disadvantaged Communities Mapping Tool).

To facilitate statutory mandates, this program intends to award a minimum of 75% of funds to projects located within and benefiting disadvantaged communities. Refer to Appendix F for instructions on how to access mapping tools that identify disadvantaged communities and the criteria for determining if the project is both located within and providing benefits to these populations. See Appendix Q for a definition of Disadvantaged Communities.

Examples of Eligible Projects

The list below provides examples of project elements that meet statutory conditions. It is not a comprehensive list.

• Establishment, enhancement, and expansion of neighborhood parks and community spaces
• Tree-canopy/shade trees
• Greening of public lands and structures, including schoolyards, and which may include incorporation of riparian habitat for water capture and provide for other public and wildlife benefits
• Multi-objective stormwater projects, including construction of permeable surfaces, collection basins and barriers
• Bioswales and rain gardens to mitigate stormwater runoff • Green streets and alleyways
• River, creek, and stream restoration
• Recreational trails
• Community or outdoor education gardens and orchards
• Non-motorized urban trails that provide safe routes for travel between residences, workplaces, commercial centers, and schools
• Urban heat island mitigation and energy conservation efforts through landscaping and green roof projects
• Acquisitions to preserve in perpetuity land for agricultural uses, open space, wetlands, etc. • Creation or restoration of existing wetlands, recharge ponds, floodplain, or riparian corridors

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4 Examples of Ineligible Projects or Elements

The items below provide examples of projects and elements that are not eligible under this program. It is not a comprehensive list.

• Projects that plant invasive plants or trees, or plant for aesthetic purposes only. • Projects to acquire property that cannot be purchased at or below fair market value. • Projects that include both acquisition and development (must be one or the other, not both).
• Infrastructure projects that do not include greening components. • Projects that create or improve roads for motorized use. • Projects to construct new parking lots or bridges (may be funded only as necessary but minor component).
• Development contingent on future acquisition for project implementation. At the time of application, applicants must either own the property or be entering into negotiations for long-term site control.
• Acquisition of property from a person or entity that does not own the property at the time of Project Proposal submission.
• Projects that are intended to correct problems caused by inadequate maintenance. • Multiple projects that are included in one application. However, more than one application can be submitted by an applicant.
• Projects where applicant cannot demonstrate satisfactory permission to develop and maintain site at the time of application.
• Educational or training programs.
• Planning only, or operation and maintenance projects. • Active recreation projects. However, active recreation components can be part of the overall project as long as they are funded by other sources. • Projects that acquire property through eminent domain. • Projects that include planting trees larger than 15-gallon, even if proposed with other funding sources.

Statewide Park Development and Community Revitalization Act of 2008

This program will maximize the expenditure of funds made available from this Act (Chapter 3.3 commencing with Section 5640) of Division 5 of the Public Resources Code.

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5 OTHER FUNDING CONSIDERATIONS

In evaluating projects, scores are used to determine initial rankings and facilitate discussions for each proposal. To achieve equitable distribution of funds, the State may consider additional factors including, but not limited to, economic benefits, statewide significance, geographic distribution of funds, previous grant performance, disadvantaged community status, and other potential project benefits, as well as partial funding.

All projects must:

1. Comply with the California Environmental Quality Act (CEQA), Division 13 (commencing with Section 21000).

2. Comply with all labor codes.

3. Provide public access, where feasible.

4. Be located in an urban area. For the purposes of this program, if a project does not qualify as a disadvantaged community, an urban area is defined as a geographic area designated or defined as urban by an applicable plan covering the project area, including, but not limited to general plans, specific plans, or community plans.

5. Provide direct benefits to the urban area such as walkability and/or functionality (i.e., no impediments such as a freeway with no under/over passing, river with no pedestrian crossing, storm water capture that does not directly benefit the urban area, etc.)

6. Engage with the local community to develop the project.

7. Comply with the Model Water Efficient Landscape Ordinance (MWELO) or local agency landscape water ordinance (if as strict or stricter) and use low water, drought tolerant plantings.

8. Provide multiple benefits (economic, environmental, social, etc.) to the community.

9. Be developed on parcels that are contiguous.

In addition, acquisition projects must:

1. Be acquired from a willing seller in an amount at or below fair market value, as approved by the state.

2. Include parcels that are contiguous.

3. Once funds are awarded and a grant agreement signed with the state, another property cannot be substituted for the property specified in the project proposal.

Website addresses and links to legislation and other available resources and reference materials may be found in Appendix P.

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6 SELECTION PROCESS

Step 1
• Applicants submit Project Proposals though the System for Online Application Review (SOAR). No hardcopy Project Proposals are required.
• Project Proposals are reviewed and evaluated. Incomplete or ineligible Project Proposals may be removed from the competitive process.

Step 2
• Field Visits are conducted for the most competitive projects. Applicants may be required to provide additional documentation prior to a field visit.

Step 3
• Applicants selected to further compete submit additional documentation. • Documentation is evaluated, with the most competitive projects being recommended for funding.

Once Step 3 evaluations have been completed, recommendations are submitted to the California Secretary for Natural Resources. Upon approval by the Secretary, grant awards are announced.

All information contained in the Project Proposal and supporting documentation is confidential until grant awards are announced.

The State reserves the right to reject any Project Proposal from an applicant who is in violation of law or policy at any other public agency. Potential violations include, but are not limited to, being in default of performance requirements in other contracts or grant agreements issued by the State, being engaged in, or suspected of criminal conduct that poorly reflects or beings discredit to the State or failing to have all required licenses necessary to carry out the project.

The State further reserves the right to reject any Project Proposal from an applicant who has a history of performance issues with past grants or other agreements with any public entity.

Tribal Outreach and Collaboration

For projects that affect tribal communities, Grantees will be required to show meaningful outreach and attempt to collaborate with local California Native American tribes through the implementation of their project.

Meaningful outreach includes, but is not limited to, writing letters and emails and following with phone calls updating the tribe throughout the life of the project, inviting tribal leadership to attend planning meetings, and meeting with local tribal government lead consortiums or other inter-tribal governmental organizations. Collaborating with local California Native American tribes can include developing the project with tribal leadership, ensuring the project provides benefits to the local tribe and its membership, and providing contracting opportunities to local tribes and their members where appropriate.

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7 Conflict of Interest

All applicants and individuals who participate in the review of submitted applications are subject to state and federal conflict of interest laws. Any individual who has participated in planning or setting priorities for a specific solicitation over and above the public comment process or who will participate in any part of the grant development and negotiation process on behalf of the public is ineligible to receive funds or personally benefit from funds through that solicitation. Failure to comply with conflict of interest laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent grant agreement being declared void. Other legal actions may also be taken. Applicable statutes include, but are not limited to, California Government Code section 1090 and Public Contract Code sections 10365.5, 10410, and 10411.

EVALUATION/SCORING CRITERIA

All information provided during the evaluation process should demonstrate how effectively the proposed project meets statutory requirements, funding priorities, and program objectives.

Projects will be evaluated using the established criteria and any additional funding considerations. Projects will receive an initial ranking, with a score of 135 points possible. The initial ranking will be used to facilitate discussions about each proposal among a multidisciplinary team. Points will be attributed to each section and not to individual questions.

Sections left blank will receive zero for that section. 11/14/2023 C4 14 of 59

8 1. Statutory and Program Requirements (Per SB 859) 0 – 40  Project reduces Greenhouse Gas Emissions
 Project acquires, creates, enhances, or expands community parks and green spaces, AND/OR uses natural systems or
systems that mimic natural systems to achieve multiple
benefits

 Project achieves multiple benefits

2. Statutory and Program Priorities (Per SB 859) 0 – 25  Provide park or recreational benefits to a critically underserved community or disadvantaged community

 Proposed by disadvantaged or critically underserved
community (Project must be located within the
disadvantaged community)

 Develop partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training

 Uses interagency cooperation and integration
 Uses existing public lands and facilitates the use of public resources and investments, including schools

3. Disadvantaged Communities
 Project is located within and benefits a disadvantaged community
30 4. Extreme Heat Threat
Project is located within a census tract that is identified as being vulnerable to an increased number of heat health events

5. Statewide Park Development and Community Revitalization Act

0 - 10

5 6. Additional Project Characteristics 0 – 5

7. Project Readiness 0 – 10

8. Organizational Capacity

Total Points Possible
0 – 10

135

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9 STEP 1: PROJECT PROPOSAL

Applicants are required to submit an online Project Proposal in SOAR (System for Online Application Review; https://soar.resources.ca.gov/) . Refer to the solicitation notice for due dates. No hard copies are required. Applicants proposing the most competitive eligible projects will be invited to compete in the next phase of the evaluation process, a field inspection. The most competitive projects that receive a field inspection will be invited to submit additional supporting documentation. Incomplete or noncompliant proposals may be eliminated from the competitive process.

All Project Proposal submittals will include the following:

Project Summary

Describe the discrete project, including expected project deliverables. Include a brief description of current site conditions and extent of public access for the proposed project, if applicable. Summaries are limited to 3,000 characters.

Project Questions

Applicants must answer the following questions, as applicable. If a question does not apply to the project, indicate “Not Applicable” with a brief explanation. Do not leave blank fields.

Answers are limited to 3,000 characters.

Statutory and Program Requirements – All applicants must meet certain requirements as specified in statute. Each applicant must answer the questions below, as applicable.

1. Explain how the project meets the statutory criteria of 1) acquiring, creating, enhancing, or expanding community parks and green spaces, and/or 2) using natural systems, or systems that mimic natural systems.

2. Explain how the proposed project will result in a net GHG benefit.

3. Explain how the project provides multiple benefits. These could include, but are not limited to, reduced air pollution, water pollution, consumption of natural resources, or consumption of energy.

4. Select only two of the project examples (a-j) from the list below and answer the corresponding questions. Provide a qualitative description of the project as well as any quantitative information on this topic.

a. Greening of existing public land and structures, including schools

1. Describe the current environmental condition and use of the project site.

2. How will the proposed project contribute to the economic, social, and/or recreational life of the community?

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10 b. Green streets and alleys that integrate green infrastructure elements into the street or alley design, including permeable surfaces, bioswales, and trees

1. How will the project convert the property into a green street or alley?

2. How will the project reduce vehicle miles traveled?

c. Non-motorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools

1. Describe how the trail increases connectivity of the active transportation network such as filling gaps or otherwise completing routes in a bike or trail plan or a low- street bikeway network.

2. Identify the intended users of the trail.

3. Describe how the trail connects to or between parks, open space, or green infrastructure.

d. Tree Canopy

1. What species of trees and plants will be used? If proposing non-native species, explain the rationale for the selection.

2. What are the environmental benefits of the species selected?

3. What consideration, if any, was given to pollen production in the project plant palette?

4. How was the initial size selected for the planting area considered to ensure the best chance for survival and growth? Trees must not be larger than 15-gallon.

e. Neighborhood, city, regional, or county parks and open space

1. How many acres of green space/park will be created or enhanced?

2. Describe any limits such as parking, hours of operation, available staffing, user fees, seasonal restrictions, or other ecological considerations.

f. Wetlands

1. Describe how the project will protect, restore, enhance, or preserve wetlands using either common or scientific names to identify elements.

2. If the project includes restoration or re-establishment of wetlands, explain plans to employ habitat management strategies designed to reduce mosquito production (e.g., Central Valley Joint Ventures Technical Guide to Best Practices at https://www.centralvalleyjointventure.org/assets/pdf/CVJV-Mosquito-BMP.pdf) .

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11 g. Urban heat island mitigation and energy conservancy efforts through greening, including green roofs

1. Describe what energy saving measures will be incorporated into the project. Energy saving measures may include, but are not limited to, constructing green roofs, planting trees to shade buildings, walkways and spaces, and converting asphalt to native plants and/or turf, or other permeable surfaces.

2. Explain how the project will reduce GHG emissions by reducing energy demand and promoting resource efficiencies.

h. Multi-objective stormwater projects, including the construction of permeable surfaces and collection basins and barriers

1. Describe generally the type of stormwater facilities in the proposal (e.g., rain gardens, planters, bioswales, green roof, etc.)

2. How will the project be designed to reduce mosquito and methane production? (See: Central Valley Joint Ventures Technical Guide to Best Practices at https://www.centralvalleyjointventure.org/assets/pdf/CVJV-Mosquito-BMP.pdf) .

3. What is the estimated volume of stormwater captured and treated? Explain your methodology.

i. Climate resilience and adaptation of urban areas that reduce vulnerability to climate impacts and improve the ability of natural systems to buffer the impacts of climate change

1. How will the project specifically increase resilience to climate change?

2. What approach was used to determine said benefits?

3. Identify the climate action plan applicable to the project.

j. Economic, social, and health benefits including, but not limited to, recreational opportunities, workforce education and training, contracting, and job opportunities for disadvantaged communities

1. How will the project maximize access to workforce education, training, and quality jobs to residents of disadvantaged communities and individuals with barriers to employment?

2. How will the project ensure supplier diversity and procure goods from local businesses, businesses located in disadvantaged communities, or minority or women- owned businesses?

3. How will the project use state or local youth employment programs (e.g., California Conservation Corps, local conservation corps or similar youth employment 11/14/2023 C4 18 of 59

12 programs) and how will youth employment elements be integrated into the program?

4. Using the list below, indicate which of the following apply to the project and explain how the selected benefits will be achieved.

• Improved mental health (e.g., social networking, overall well-being) • Increased physical activity (e.g., effects on obesity, diabetes, heart disease, etc.) • Reduced risk of skin cancers
• Increased access to locally grown/sustainable food sources • Increased access to natural environments, parks, open space, etc. • Other co-benefits to public health (examples include reducing urban heat island effects, increasing safe active transportation - e.g., pedestrian walking and bicycling, and serving an area of high-density population)

Statutory and Program Priorities – Each applicant must answer the questions below, as applicable.

5. Describe how the project will accomplish two of the following:
a. Provides park or recreational benefits to a critically underserved community or disadvantaged community
b. Proposed by critically underserved community or disadvantaged community c. Develops partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, provides access to workforce education and training
d. Uses interagency cooperation and integration
e. Uses existing public lands and facilitates the use of public resources and investments, including schools

6. Discuss any demographic, social, and/or cultural issues that are important to the local community and that will influence design, implementation, and maintenance of the project.

7. Has the project been identified as a priority by a local jurisdiction? If so, please discuss.

8. If identified as a priority, describe efforts by the local jurisdiction to provide resources for project implementation. If resources are unavailable, please explain.

9. How does the project incorporate participation of local agencies, businesses, nonprofits, non-governmental organizations and citizens’ groups in project planning, design, or implementation?

10. Identify how the project will expand acreage and/or access to open space in the critically underserved or disadvantaged community.

11. Does the proposed project affect California Native American tribes?

12. If the project affects California Native American tribal communities, describe the past, present, and future meaningful outreach and collaboration efforts with the local tribes. 11/14/2023 C4 19 of 59

13 Disadvantaged Communities – For the purposes of this section, points will be awarded to projects in which one or both of the disadvantaged community criterion are met.

13. Identify where the project will be located in relation to the disadvantaged census tract by providing geographical location information. (See Appendix F for disadvantaged community criteria).

14. Describe how the applicant or partnering community-based organizations made efforts to meet with and involve disadvantaged community residents about the project prior to the proposal deadline.

15. Discuss how the project addresses an important and meaningful community need.

Extreme Heat Threat – Each applicant must answer the questions below, as applicable.

16. Determine if the project is located within a census tract that is estimated to have a significant increase in the annual number of heat-related health events in addition to high heat vulnerability, as identified in the California Heat Assessment Tool (See Appendix G for instructions on how to use this tool) and input the variable and indicator here.

17. Explain how the proposed project will help reduce the extreme heat threats of the project area.

Statewide Park Development and Community Revitalization Act – Each applicant must answer the question below, as applicable.

18. Was this project eligible to receive funding from the Statewide Park Development and Community Revitalization Act of 2008?

Additional Project Characteristics – Each applicant must answer the questions below, as applicable.

19. Explain how the project addresses environmental, social, economic, or public health issues or provide benefits not previously discussed?

20. Describe how the project uses anti-displacement strategies.

21. Describe the type of irrigation system included in the project.

Project Readiness – Each applicant must answer the questions below, as applicable.

22. Describe the status of the following items, including anticipated timing for completion of each:
• Preliminary designs
• Environmental documentation
• Necessary permits and long-term operation and maintenance commitments and agreements
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14 • For projects including an acquisition: detailed appraisal and/or comparable sales data; preliminary title report; negotiations with a willing seller

23. List all other sources of funding and amounts already committed to the project and expected timing of funds.

24. If funding is not received from other sources, is the requested grant amount sufficient to complete the project?

25. List the legal owners for each parcel within the project footprint and the status of notifications, negotiations, agreements, etc. to implement the project.

26. List all entities with jurisdiction over the project and the status of notifications, agreements, meetings, etc.

Organizational Capacity – Each applicant must answer the questions below, as applicable.

27. Describe your organization’s experience in completing this type of project.

28. Describe all past state grants from other agencies including the project name and year.

REQUIRED DOCUMENTATION FOR PROJECT PROPOSAL

The following documents must be uploaded into SOAR as part of the Project Proposal:

For All Projects

1. Proposal Form Signature Page – The signature page of the completed Project Proposal Form should be signed by the same Authorized Representative to be identified in the resolution through electronic signature or printed, signed and then scanned and uploaded to SOAR as an attachment. Note, resolutions are not due until Step 3.

To print the Project Proposal Form from SOAR:

• Log into SOAR and go into the active Urban Greening Program Project Proposal Form.
• Ensure all Project Proposal page information is complete and accurate. • Go to the first tab called the General Information Tab. Scroll to the bottom of the General Information Tab page and select the Preview/Submit button (NOTE:

Clicking this button will not submit the Project Proposal). • A preview of the full Project Proposal will appear. Scroll to the bottom of the page and select “Print Application.” A Pop Up will appear with the Project Proposal in Print Form. Click CTRL+P (for Microsoft/PC) or Command+P (for Mac/Apple), to print the Project Proposal. Choose to print only the first page of the Project Proposal. Click Print.
• Once signed by the Authorized Representative, upload the signed Project Proposal Form Signature Page to SOAR.

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15 2. Photographs – Provide up to five (5) labeled color photographs of different views of the project site reflecting current conditions.

3. Cost Estimate – Provide a detailed cost estimate reflecting all costs associated with the project. Identify costs included in the grant request and costs covered by other funding sources in separate columns. (See Appendix B for sample format.) The cost of project elements funded by the Urban Greening grant should not be split between the grant and other funding sources. Cost estimates should include an individual line item for funding acknowledgement signage costs. (See Appendix L for Signage Guidelines).

4. Community Engagement Plan – Provide a detailed overview of the project’s community engagement strategy. The plan should include past, current, and future activities to engage the community in the project planning, design, and implementation process.

5. Location Map – Directional map with enough detail to allow a person unfamiliar with the area to locate the project site.

6. Property Data Sheet – Provide the completed Property Data Sheet for all parcels included in the project (see Appendix J).

7. Assessor’s Parcel Map – Provide a photocopy of relevant assessor’s parcel maps, with project parcels highlighted and full parcel numbers clearly labeled.

For Development Projects

8. Site Plan – Plans should be for the project which funding is requested. If the project is part of a larger project, clearly indicate the portions to be grant-funded. Plans should contain specific property details, including exterior boundaries, public access points, and location of the proposed improvements described in the Project Proposal (vegetation, restrooms, amenities, interpretative signage, funding acknowledgement sign, etc.). Indicate any natural or geologic features as well as any existing buildings and/ or impediments (storm drains, power lines, wells, etc.). The plan should be specific enough to allow someone unfamiliar with the project to visualize it in detail.

9. Plant Palette – For projects with any plantings, provide genus, species, common name, and stock size (if known). Trees must not be larger than 15-gallon. (See Appendix P for resources to aid in plant selection and planting standards).

For Acquisition Projects

10. Evidence of Willing Seller – Provide a letter from each landowner indicating they are a willing participant in the proposed real property transaction. The letter should clearly identify the parcels owned by each seller and state if grant funds are awarded, the seller is willing to enter into an agreement or negotiation for an agreement for the sale of the real property at a purchase price not to exceed fair market value (see Appendix E for a sample letter). If available, include a copy of the fully executed purchase option agreement as well.

END OF STEP ONE PROJECT PROPOSAL
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16 STEP 2: FIELD VISIT (QUALIFYING PROJECTS ONLY)

Applicants submitting the most competitive Project Proposals will be further evaluated during a field visit. During the field visit, applicants should be prepared to respond to project-specific questions including, but not limited to, the cost estimate, funding, site plan, site control, operations and maintenance, partnerships, community involvement, and any possible barriers to successful completion.

Applicants may be required to provide additional documentation about the project before being granted a field visit. A field visit invitation does not guarantee a project will compete successfully for funding.

END OF STEP TWO FIELD VISIT INFORMATION

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17 STEP 3: SUPPORTING DOCUMENTATION (QUALIFYING PROJECTS ONLY)

Applicants with the most competitive projects after field visits will be required to submit supporting documentation further demonstrating their ability to carry out the project.

The following required supporting documentation must be uploaded as attachments in SOAR.

If an item is not applicable to the project, but is required in SOAR, upload a brief explanation of why the item is not applicable. Templates for some materials can be found at http://resources.ca.gov/grants/urban-greening .

For All Projects

1. Signed Authorizing Resolution – Provide a signed authorizing resolution from the applicant’s governing board (See Appendix H for required Resolution format and content). Resolutions must include all assurances indicated in the template.

2. Eligibility for Nonprofit Applicants – Provide evidence of a through c below:
a. The corporation is qualified under Section 501 (c)(3) of the Internal Revenue Service Code. An IRS 501(c)(3) Determination letter or a printout from the IRS tax- exempt organization search tool on the official IRS website is sufficient. See https://apps.irs.gov/app/eos/; and

b. The corporation has an active status with the Secretary of State. A printout from the Secretary of State business search web page showing the corporation is Active is sufficient. See https://bizfileonline.sos.ca.gov/search/business; and

c. The corporation is current with the Attorney General’s Registry of Charitable Trusts. A printout from the Department of Justice Registry verification search page showing the corporation’s registration is Current is sufficient.

See https://rct.doj.ca.gov/Verification/Web/Search.aspx?facility=Y .

3. Environmental Compliance – At a minimum, provide a copy of the draft Notice of Exemption, Environmental Checklist Form, or an Initial Study for the entire proposed project. Drafts are acceptable for this step. If the project is awarded funding, CEQA (and NEPA, if applicable) must be completed to the State’s satisfaction before any construction funds will be disbursed. (See Appendix I).

4. Project Timeline – Provide an estimated timeline for all major project milestones.

5. Funding Plan – Provide a plan with specific information about the status of other funding needed to complete the project, including where the applicant is in the process of each funder and a timeline for funding decisions.

6. Proof of Ownership – Provide copies of documents verifying current ownership for each parcel listed on the Property Data Sheet. Examples of such documents include, but are not limited to, tax records, owner data sheets from county records, recorded deeds, title reports, etc. All documents verifying ownership must have the parcel numbers clearly indicated on the document (handwritten acceptable).

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18 7. Adequate Site Control/Land Tenure – For parcels not owned by the applicant, provide a copy of an agreement giving the applicant legal access to and permission to construct and maintain the project on the property. If applicable, the agreement should also permit public access to the project for the required number of years (see Appendix J).

If an agreement has not yet been executed at the time submitting supporting documentation, the applicant may submit a signed letter from each landowner identifying the affected parcel(s) and indicating that, if awarded funding, the owner is willing to enter into an agreement with the applicant to allow long-term access for construction, maintenance, and public use of the project.

8. Operations & Maintenance – If operation and maintenance will be performed by an entity other than the applicant, explain and provide evidence of concurrence from that entity (e.g., operational agreements, letters of intent, memoranda of understanding signed by all parties, etc.). If an agreement has not yet been executed at the time of application, the applicant may submit a signed letter by the entity indicating its intent to enter into such an agreement.

9. Permit/Approval Status – Indicate the types of permits necessary to complete the project, permitting submittal, and potential project delays due to permitting (Appendix K).

10. Payee Data Record/Government Agency Taxpayer ID Form – Nonprofit applicants must provide a completed and signed STD 204 Payee Data Record form. Government Agency applicants must provide a completed and signed Government Agency Taxpayer ID Form (see Appendix N for links to both forms). These forms are required to receive payment from the State of California.

For Acquisition Projects

11. Appraisal – If available.

12. Preliminary Title Report – If available.

END OF STEP THREE SUPPORTING DOCUMENTATION INFORMATION

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19 PROJECT ADMINISTRATION (POST GRANT AWARD)

All projects awarded funding will follow the general administrative procedure outlined below:

1. Grantee attends grant management workshop which addresses project administration, including proper submission of payment requests.

2. State grants administrators work with grantee to develop and execute grant agreement.

3. For acquisitions, grantee submits an appraisal for Department of General Services’ (DGS) review.

4. Grantee submits final site control documents.

5. Grantee commences preliminary work (planning, design, permitting, CEQA, etc.) and submits reimbursement requests for eligible expenses (subject to retention).

6. Prior to commencing construction, grantee submits final design plans, including plant palette, for the State’s review, as well as evidence of environmental compliance and funding acknowledgement installation.

7. Grantee notifies the State of any public events related to the initiation of project construction.

8. Grantee commences project construction work.

9. The State conducts, as needed, periodic project site visits and requests periodic progress reports from the Grantee.

10. Grantee submits periodic progress reports and periodic reimbursement requests for eligible expenses (subject to retention).

11. For acquisition projects, grantee may request an advance of funds into escrow (subject to retention).

12. As applicable, grantee records Deed Restriction/Memorandum of Unrecorded Grant Agreement (MOUGA).

13. Grantee completes project and submits project completion packet.

14. The State conducts final project inspection and approves final payment request(s).

Changes to Approved Project

Grantee seeking changes or amendments to an approved project must obtain the State’s approval. Changes in the project scope must continue to meet the needs and benefits cited in the original application. Grantees jeopardize funding should changes be made without prior notice and approval by the State.

For acquisition projects, grantees cannot substitute another property for the property specified in the application once funds are awarded and grant agreement is signed with Agency.

Eligible Expenses

Direct project-related expenses and indirect expenses that can be directly tied to the capital project that are incurred during the project performance period specified in the grant agreement are eligible for reimbursement. All eligible expenses must be supported by appropriate documentation, including, but not limited to timesheets for in-house labor.

Expenses incurred outside of the project performance period are not eligible for reimbursement. General operational expenses such as rent, utilities, and office equipment/supplies are not eligible for reimbursement.
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20 Up to 25 percent (25%) of the grant request may be budgeted for non-construction expenses and incidental expenses that are directly related to construction or acquisition, including, but not limited to, CEQA/NEPA, design, permitting, outreach, etc. (See Appendix D for further information on eligible expenses).

Site Visits

The State may make periodic visits to the project site, including a final inspection. The State will determine if the work is consistent with the approved project scope and ensure compliance with signage requirements.

Payment of Grant Funds

Funds will not be disbursed until there is a fully executed grant agreement between the State and the Grantee. Funds for construction/implementation cannot be disbursed until environmental review is completed and the funding acknowledgement sign is installed at the project site.

Development Projects
• Payments will be made on a reimbursement basis. This means the Grantee pays for services, products, or supplies; submits invoices and proof of payment; and is then reimbursed by the State. It generally takes six to eight weeks to receive payment after Grantee submits a completed payment request.
• Ten percent (10%) of the amount requested for reimbursement may be retained and issued as a final payment upon project completion.

Acquisition Projects
• The property appraisal must be reviewed and approved by the Department of General Services (DGS).
• Properties must be acquired at a price that does not exceed fair market value. • Escrow must close within one year from the date of valuation in the property appraisal. • The State-approved purchase price, together with eligible acquisition expenses, may be advanced into an escrow account within 60 days of close of escrow. All disbursements are subject to a ten percent (10%) retention.
• Any remaining grant funds shall be available on a reimbursable basis for other eligible expenses.
• Acquisitions are subject to the State’s interest expressly stated in the deed.

Loss of Funding

The following are examples of actions that may result in a Grantee’s loss of funding. This is not a comprehensive list.

• Grantee fails to execute a Grant Agreement.
• Grantee changes the project scope without prior notice to and approval by the State. • Grantee fails to submit evidence of environmental compliance as specified in the grant agreement.
• Grantee loses willing seller(s).
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21 • Grantee fails to complete the project.
• Grantee fails to timely submit all documentation within the period specified in the grant agreement.
• Property cannot be acquired at or below approved fair market value. • Grantee fails to provide project updates as requested.

Use of Project Property

Grantee must maintain and operate the project property acquired or developed in a manner consistent with the grant agreement and grant guidelines for a period commensurate with land tenure/site control requirements (see Appendix J).

Grantee must own the land or hold a lease or other legal, long-term interest in the land that is satisfactory to the State. Fee-title/simple acquisitions, grantees must include deed restrictions describing the State’s interest in the property (See Appendix O). The final deed is subject to input, review, and approval by the State.

Grantee is responsible for ensuring the project complies with all applicable state and federal laws and regulations, including, but not limited to: CEQA/NEPA, legal requirements for construction, building codes, health and safety codes, state contractor’s and other licenses, and disabled access laws. Grantee must certify that all applicable permits have been obtained.

Project Reporting and Performance

Grantee is required to keep the State informed of the project’s progress throughout the project performance period. Grantee must submit periodic status reports as requested by the grant administrator.

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22 STATE AUDIT AND ACCOUNTING REQUIREMENTS

Audit Requirements

Urban Greening projects are subject to audit by the State of California annually and for three (3) years following the final payment of grant funds. If the project is selected for audit, advance notice will be given. The audit shall include all books, papers, accounts, documents, or other records of the grantee, as they relate to the project for which the funds were granted. All project expenditure documentation should be available for an audit whether paid with grant funds or other funds.

The grantee must have the project records, including the source documents and evidence of payment, readily available, and provide an employee with knowledge of the project to assist the auditor. The grantee must provide a copy of any document, paper, record, etc., requested by the auditor. Further, grantees must include planning, monitoring, and reporting necessary to ensure successful implementation of the project objectives and have documentation available for State review upon request.

Accounting Requirements

The Grantee must maintain an accounting system that:

• Accurately reflects fiscal transactions, with the necessary controls and safeguards. • Provides a good audit trail, including original source documents such as purchase orders, receipts, progress payments, invoices, employee paystubs and timecards, evidence of payment, etc.
• Provides accounting data so the total cost of each individual project can be readily determined.

Records Retention

Records must be retained for a period of three (3) years after final payment is made by the State. Grantee must retain all project records for at least one (1) year following an audit.

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23 APPENDICES FOR
STEP 1 – PROJECT PROPOSAL
(PAGES 23 TO 33)

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24 APPENDIX A – SUBMITTAL CHECKLIST: STEP 1 – PROJECT PROPOSAL

The following is entered directly into SOAR:

Project Proposal Form
Project Summary
Project Questions
The following will be uploaded into SOAR as an attachment:

Project Proposal Form Signature Page (print, sign, and upload) Photographs
Cost Estimate (Appendix B)
Community Engagement Plan
Location Map
Property Data Sheet (Appendix C)
Assessor’s Parcel Maps
Site Plan (Development Projects only)
Plant Palette (Development projects only)
Willing Seller letter (Acquisition Projects only; Appendix E)

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25 APPENDIX B – SAMPLE COST ESTIMATE/BUDGET FORM FOR DEVELOPMENT PROJECTS

In preparing a cost estimate for the project, applicants should comply with the following:

1. All project elements should be detailed and customized to fit the project. Each element should be clearly described in the project narrative.

2. Each funding source must have its own column. Other Funding Source column headings should specify cash or in-kind.

3. The Urban Greening Grant and Other Funding Source columns should sum to the Total Cost column.

4. The cost of project elements funded by the Urban Greening Grant should not be split between the grant and other funding sources.

5. General Overhead costs such as rent, utilities and office equipment/supplies are not eligible for reimbursement. In-service payroll may not include a “billable rate” or administrative cost allocation.

PROJECT ELEMENTS (Examples) Unit
Price
Unit of
Measure Qty Total Cost
Urban
Greening
Grant
Other Funding
Source
(Indicate Cash
or In-Kind)
Other Funding
Source
(Indicate Cash
or In-Kind)
NON-CONSTRUCTION (not to exceed 25% of grant)
A Direct Project Management & Administration
1 Staff Time
2 Technical Consultants
B Planning, Design & Permitting
1 Design
2 Engineering
3 Environmental Documents
TOTAL NON-CONSTRUCTION (not to exceed 25% of grant)

CONSTRUCTION
C Site Preparation
1 Demolition
2 Grading
D Greening Elements
1 Trees (15-gallon)
2 Plants
3 Mulch
E Other
1 Hazard Insurance/Bond
2 Inspections
3 Funding Acknowledgment Sign

TOTAL CONSTRUCTION
Contingency (not to exceed 10% of grant)

PROJECT TOTAL
*All invoices and receipts for project expenditures from all funding sources will be retained and made available for state audit. **Only direct project management costs are eligible; no overhead/indirect costs are reimbursable. In-service payroll may not include a “billable rate” or administrative cost allocation.
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26 APPENDIX B – SAMPLE COST ESTIMATE FOR ACQUISITION PROJECTS

(Complete one form for each separate escrow)
Project Title:

Assessor’s Parcel Number(s) Acreage Willing Seller Name and Address

ACQUISITION COST ESTIMATE

Total Cost*
Urban
Greening
Grant
Other
Funder
Other
Funder
Other
Funder
Estimated Fair Market Value
Relocation Costs
Preliminary Title Reports, Appraisal
Escrow Fees, Title Insurance, Closing
Costs
Surveying (limited to boundary line
adjustments)
Direct Costs -Staff and Consultants
(limited to $10,000 per grant)**
State appraisal/transaction review,
etc. (budget ≈ $10,000) $10,000
Contingency (not to exceed 10% of
grant)
Funding Acknowledgement Sign
(Required)
Other (specify)
Grand Total
*All invoices and receipts for project expenditures from all funding sources will be retained and made available for state audit. **Only direct project management costs are eligible; no overhead/indirect costs are reimbursable. In-service payroll may not include a “billable rate” or administrative cost allocation.

ACQUISITION SCHEDULE*/** COMPLETION DATE
Complete Appraisal
Submit appraisal, purchase docs and title report to State Open escrow and request advance into escrow
Submit draft grant deed w/deed restriction language to State for approval

Close escrow and submit final closing documents to State Install funding acknowledgement sign
Close-out
*Grantee should submit evidence of progress on the acquisition within 6 months of grant execution. ** The date of valuation in the appraisal must be less than one year before close of escrow.

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27 APPENDIX C – PROPERTY DATA SHEET

Complete the Property Data Sheet, listing all parcels included in the proposed project, as well as the owner(s) of each parcel. Indicate and attach all required documents* including any clarifying comments below. Attach additional sheets if necessary.

No. Owner Name
Assessor Parcel
Number(s) Acreage
Indicate type of
ownership. For
acquisitions,
indicate type of
purchase
For all parcels, indicate
*document used to
demonstrate ownership
and attach a copy of
each document-clearly
labeled with the APN-to
this document
If parcel(s) not owned by
applicant(s) indicate
*document verifying long-
term Permission to
Develop and maintain
and attach here
Entity to perform O&M #
o
f

y
e
a
r
s

O
&
M

t
o

b
e

pe
r
f
o
r
m
e
d

Fe
e

S
i
m
p
l
e

Ea
s
e
m
e
n
t

Ot
h
e
r

(d
e
s
c
r
i
b
e
)

Proof of Ownership (tax
bill, grant deed, etc.) O&
M

Ag
r
e
e
m
e
n
t

Le
a
s
e

JP
A

Le
t
t
e
r

f
r
o
m

Ow
n
e
r

Ot
h
e
r

(d
e
s
c
r
i
b
e
)

1 2
3 4
5 6
7 8
9 10

Comments:

Total Number of Parcels: ____________________Total Number of Acres: ________________________________________________

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28 APPENDIX D – ELIGIBLE EXPENSES

Direct project-related expenses and indirect expenses that can be tied directly to the capital project that are incurred during the project performance period specified in the grant agreement may be eligible for reimbursement and must be supported by appropriate documentation, including timesheets for in-house labor. Expenses incurred outside of the project performance period are not eligible for reimbursement. General operational overhead expenses such as rent, utilities, and office equipment/supplies are not eligible for reimbursement.

Projects must comply with Labor Code Section 1771.5. Therefore, cost estimates should include prevailing wages, as applicable. See the Department of Industrial Relations’ Division of Labor Statistics and Research website at
http://www.dir.ca.gov/DLSR/PWD/index.htm for general prevailing wage determinations. For questions about prevailing wage, contact Department of Industrial Relations.

All Projects

1. Direct Expenses – Only direct expenses are eligible. General administrative expenses and overhead (e.g., expenses calculated as a percentage of other direct expenses, such as telephone, utilities, and space rental, etc.) and endowments for ongoing project maintenance are not eligible and will not be reimbursed.

2. Contingency – Up to ten percent (10%) of the grant may be budgeted for contingency expenses. All such expenses must be eligible per these guidelines. Contingency funds may not be used to increase the amount of funds applied towards management/non- construction (pre-implementation) work.

3. Signs and Interpretive Aids – Expenses include construction of exhibits, kiosks, display boards or signs located at and communicating information about the Urban Greening Project and the required funding acknowledgement sign (see Appendix L).

4. Project Management/Non-Construction – Up to twenty-five percent (25%) of the grant funds for a development project may be spent on project management/non- construction (pre-implementation) expenses including but not limited to CEQA compliance, environmental assessments, planning and design, outreach, project- specific anti-displacement strategies, architecture and engineering, construction plans, permitting, direct project administration and management.

The State will award pre-implementation funds for eligible proposed projects provided the applicant agrees that if the proposed project is not ultimately approved for implementation or awarded funding by the State, but is instead funded and implemented by entities independent of the State, and which rely in whole or in part on the environmental documentation paid for by the pre-implementation award, that upon approval by those other entities, all funds expended by the State for the environmental review will be repaid.
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29 5. Personnel or Employee Services – Expenses for services of the grantee's employees directly engaged in project execution must be computed according to the Grantee's prevailing wage or salary scales, and may include benefits such as vacation, sick leave, Social Security contributions, etc., that are customarily charged to the recipient's various projects, excluding overhead allocations.

Expenses charged to the project must be computed on actual time spent on the project and evidenced by time and attendance records describing the work and payroll records. Overtime expenses may be allowed under the recipient's established policy provided that the regular work time was devoted to the same project.

Salaries and wages claimed for employees working on State grant funded projects must not exceed the Grantee's established rates for similar positions.

6. Contracted Services – The expenses for contracted services may be reimbursed if invoices are presented with payment requests that identify the specific project activities and are supported by evidence of payment.

7. Construction – All necessary labor and construction activities to complete the project are eligible, including site preparation (demolition, clearing and grubbing, excavation, grading), monitoring (including soil and water testing during construction), onsite/field implementation and construction supervision, etc. The grant can pay for up to two years of plant establishment, as deemed appropriate.

8. Vehicles owned/leased by Grantee - Mileage incurred on a Grantee’s own vehicle(s) can be charged at a per mile rate according to the Grantee’s internal mileage policy or at the State rate that is in effect at the time of the trip, whichever is less. A Mileage Log with the date, destination, and grant purpose related to the scope, and signed by the operator and supervisor must be submitted along with a copy of the policy to support the mileage rate.

9. Equipment – Equipment owned by the grantee may be charged to the project for each use. Equipment use charges must be made in accordance with the Grantee's normal accounting practices, the equipment rental rates published by the California Department of Transportation, or local prevailing rental rates, whichever is less. Link to California Department of Transportation rental rates: https://dot.ca.gov/programs/ construction/equipment-rental-rates-and-labor-surcharge.

If the Grantee's equipment is used, a report or source document must describe the work performed, indicate the hours used, relate the use to the project, and be signed by the operator and supervisor.

Equipment may be leased, rented, or purchased, whichever is most economical. If equipment is purchased, its residual market value must be credited to the project expenses upon completion of the project.

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30 10. Supplies and Materials – Supplies and materials may be purchased for a specific project or may be drawn from a central stock, providing they are claimed at an expense no higher than paid by the grantee. When supplies and/or materials are purchased with the intention of constructing a piece of equipment, a structure or a part of a structure, the expenses that are charged as supplies and materials may be capitalized according to the Grantee’s normal practice or policy. If capitalized, only that expense reasonably attributable to the project may be claimed under the project.

Grantees in the business of growing plants may not charge retail rates for plants reared for a project; however, charges for materials and staff time are allowable. Trees larger than 15-gallon are not eligible for reimbursement.

11. Outreach – Expense of engaging community members through community meetings and events directly related to the project are eligible.

12. Other Expenditures – In addition to the major categories of expenditures, grant funding may be used for miscellaneous expenses necessary for execution of the project at the discretion of the State. Some of these expenses may include:

• Premiums on hazard and liability insurance to cover personnel and/or property. • Work performed by another section or department of the grantee's agency that can be documented as direct expenses to the project (see requirements above under Personnel or Employee Services).
• Transportation expenses for moving equipment and/or personnel.

Acquisition Projects

1. Acquisition – Expenses of acquiring real property are eligible and include the purchase price of the property at or below approved fair market value, appraisals, surveys for boundary adjustments, preliminary title reports, escrow fees, and title insurance fees.

2. DGS Appraisal Review – Expenses of obtaining State approvals of purchase price and transaction reviews from the State Department of General Services (DGS) are also allowable.

3. Relocation Expenses – Relocation expenses are eligible for acquisition projects that result in displacement of any person or business (See State Relocation Act requirements, Chapter16, Section 7260 et seq., Government Code).

4. Direct Staff and Consultant Services – The expenses of direct staff and consultant services necessary for the project are eligible and may be reimbursed up to $10,000.

Invoices must be presented with payment requests that identify the specific project activities and include evidence of payment. Consultants must be paid by the customary or established method and rate of applicant. No consultant fee may be paid to applicant’s own employees without prior approval or unless specifically agreed to by the State.

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31 APPENDIX E – WILLING SELLER LETTER (ACQUISITIONS ONLY)

All acquisition proposals must provide a willing seller letter from each person on the title.

The letter must include the following information and be signed and dated by the legal owner(s) of each parcel to be acquired. Include the legal owner’s name in print and their title. If the letter is being signed by a representative of the landowner, include separate legal documents (e.g., trust documents) authorizing them to sign for the landowner.

(Template-- Willing Seller Letter)

Date:

To: California Natural Resources Agency
Urban Greening Grant Program

From: Name(s) of Legal Owner (Trust, etc.)
Address of Legal Owner(s)

Re: Parcel number(s):

County:

Property Address:

To Whom It May Concern:

This letter is provided to confirm that (name of owner(s), trust, etc.), owner of the above referenced property, is a willing participant in the proposed real property transaction.

Should grant funds be awarded to the grant applicant (name of grant applicant), then (name of owner(s), trust, etc.), as Seller, is willing to enter into negotiations for the sale of the real property for a purchase price not to exceed fair market value.

Acknowledged:

_____________________________ _______________________ Printed name and title
Signature of landowner (trustee, etc.) Date signed

_____________________________ _______________________ Printed name and title
Signature of landowner (trustee, etc.) Date signed

_____________________________ _______________________ Printed name and title
Signature of landowner (trustee, etc.) Date signed 11/14/2023 C4 38 of 59

32 APPENDIX F – DISADVANTAGED COMMUNITY CRITERIA AND MAPPING TOOLS

To facilitate the statutory mandate in SB 859, this program intends to award a minimum of 75 percent of all grant funding for projects that are located in, and that provide benefits to, disadvantaged communities. In order to qualify towards the investment target, a majority (>50%) of the project footprint must be located within the boundaries of disadvantaged community census tract(s).

Disadvantaged Communities Mapping Tools
To determine if the Urban Greening project is located within and benefits a disadvantaged community, applicants may use one of three tools: CalEnviroScreen 4.0 ( https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-40); California State Parks’ Community FactFinder ( http://www.parksforcalifornia.org/communities); or, Department of Water Resources’ Disadvantaged Communities Mapping Tool ( https://gis.water.ca.gov/app/dacs/) . The CalEnviroScreen 4.0 tool uses census tract data from state and federal sources to identify disadvantaged communities using criteria such as environmental hazards, geographic, public health, and socioeconomic criteria, while the other two tools use census tract data on median household income. Links to these mapping tools are also provided in Appendix P.

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33 APPENDIX G – EXTREME HEAT THREAT ASSESSMENT TOOL

To determine if the project is located within and benefitting a community that faces a significant threat from extreme heat, applicants must use the California Heat Assessment Tool ( https://www.cal-heat.org/explore) . Two data layers will be used to assess the degree of threat: Annual Number of Health Events, located under the Heat Health Events (HHEs) heading; and Heat Health Action Index located under the Vulnerability Indicators heading.

Annual Number of Health Events

The annual number of health events represents the annual average number of HHEs projected to occur within each census tract. These numbers range from 0 to 7+ events.

For the purposes of this program, please select the period 2021-2040 on the sliding scale at the bottom of the mapping tool. A number from 0 to 0.90 will be considered low, from

0.91 to 2.60 will be considered moderate, and from 2.61 to 7+ will be considered high.

Heat Health Action Index

The heat health action index measures heat vulnerability within each census tract. The index is a statistically weighted result of various indicators, including social vulnerability, health, and environment, and is intended to represent overall heat vulnerability. The index ranges from 0 to 100, with lower scores indicating less vulnerability to extreme heat.

For the purposes of this program, a number from 0 to 25.98 is considered low, 25.99 – 47.45 is considered moderate, and 47.46 to 100 is considered high.

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34 APPENDICES FOR
STEP 3 – SUPPORTING DOCUMENTATION
(QUALIFYING PROJECTS ONLY)
(PAGES 34 TO 51)

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35 APPENDIX H – RESOLUTION TEMPLATE

Applicant Resolution Template (all applicants)

Resolution No: _______________________

RESOLUTION (GOVERNING BODY OF GRANTEE)

APPROVING THE APPLICATION FOR GRANT FUNDS FOR

URBAN GREENING PROGRAM

WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project

NOW, THEREFORE, BE IT RESOLVED that the_______________________ (Governing Body)

1. Approves the filing of an application for the (name of the project); and

2. Certifies that applicant understands the assurances and certification in the application; and

3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and

4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code; and

5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained; and

6. Certifies that applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and

7. Appoints the (designate position, not person occupying position) ______________________, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

Approved and adopted the __________day of __________ 20____. I, the undersigned, hereby certify that the foregoing Resolution Number __________ was duly adopted by the ______________________. (Governing Body)

Following Roll Call Vote: Ayes: _________
Nos: _________

Absent: _________
__________________________________________
Clerk/Secretary for the Governing Board

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36 APPENDIX I – ENVIRONMENTAL COMPLIANCE

Prior to approval and distribution of grant funds for construction/implementation, every proposed project shall comply with the California Environmental Quality Act, Division 13 (commencing with Section 21000; 14 California Code of Regulations section 15000 et seq. [“CEQA”]).

The State of California, acting through its administering agencies and departments, will typically act as a responsible agency for the purposes of CEQA. Therefore, prior to the State approving funding for a proposed project, one of the following must be submitted:

a. The Notice of Exemption filed with the County Clerk and State Clearinghouse (as applicable) if the proposed project is categorically or statutorily exempt, with the appropriate Public Resources Code section citation to the exemption(s) being relied upon by the lead agency.

b. The Negative Declaration or Mitigated Negative Declaration adopted by the lead agency and Initial Study, including a copy of the Environmental Checklist Form located in Appendix G of the CEQA Guidelines and the Notice of Determination filed with the County and with the State Clearinghouse. If the lead agency has adopted a Mitigated Negative Declaration, the applicant must also provide the adopted mitigation monitoring and reporting program*.

c. The Final Environmental Impact Report certified and adopted by the lead agency with Initial Study, including a copy of the Environmental Checklist Form located in Appendix G of the CEQA Guidelines, the adopted mitigation monitoring and reporting program, and the Notice of Determination filed with the County and State Clearinghouse. Please include any State Clearinghouse Responses received by the applicant.

* For b and c, include documentation the State of California Department of Fish and Wildlife CEQA feed was paid or is not applicable.

d. Projects that tier from a Programmatic, Master, or other Environmental Impact Report shall include a copy of any subsequent Initial Study for the proposed project together with a copy of any supplementary environmental documentation adopted by the lead agency, including, if applicable, any required findings pursuant to Public Resources Code section 21157.1, subdivision (c), and the Notice of Determination, filed with the County Clerk and with the State Clearinghouse, as applicable.

Pursuant to Section 75102 of the Public Resources Code 75102, before the adoption of a Negative Declaration or Environmental Impact Report, the lead Agency shall notify the proposed action to a California Native American tribe, which is on the contact list maintained by the Native Heritage Commission, if that tribe has traditional lands located within the area of the proposed project.

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37 APPENDIX J – SITE CONTROL/LAND TENURE REQUIREMENTS

The State recognizes that specific activities may change over time; however, the property must remain available for compatible Urban Greening Program use in accordance with the following requirements:

Acquisition Projects

The Grantee or the Grantee’s successor in interest shall hold, in perpetuity, the real property only for the purpose for which the grant was made and make no other use or sale or other disposition of the property without the written permission of the State.

Development Projects

Grantee shall maintain and operate the project developed pursuant to this grant for a period of:

• At least 10 years for Grants up to $100,000
• At least 20 years for Grants up to $1 million
• At least 25 years for Grants over $1 million

For All Projects

1. A deed restriction or a Memorandum of Unrecorded Grant Agreement (MOUGA) which defines the State’s interest in the property must be recorded on all projects, whether the grantee owns the property or not. Exceptions may be granted as appropriate and at the sole discretion of the State.

2. The grantee shall not use or allow the use of any portion of the real property for mitigation (i.e., to compensate for adverse changes to the environment elsewhere).

3. The grantee shall not use or allow the use of any portion of the real property as security for any debt.

4. With the approval of the State, the grantee or the grantee’s successor in interest in the property may enter into an agreement with another party to maintain and operate the property in accordance with this grant program. At a minimum, the agreement must do the following:

• Clearly spell out the roles of each party in detail
• Be signed by all parties signifying their acceptance
• Not terminate prior to the length of site control/land tenure required by the Grant Agreement (only agreements that allow early termination for cause or by mutual consent will be acceptable)
• Include language that the grantee would resume responsibility for ongoing operations and maintenance in the event of cancellation

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38 5. Grantee may be excused from its obligations for operation and maintenance of the project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the project improvements and render the Project obsolete or impracticable to rebuild.

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39 APPENDIX K – PROJECT PERMIT/APPROVAL STATUS

Indicate the status of all federal, state, and local permits required for the project. Describe any potential delays due to permitting (indicate specific permits). If acquiring a long-term encroachment permit, submit evidence the entity with jurisdiction is aware of the project and is willing to work with Applicant to issue the permit.

This list is not all-inclusive. It is Grantee’s responsibility to identify and obtain all applicable permits.

PERMITTING AGENCY TYPE OF REQUIREMENT RE
Q
U
I
R
E
D

AP
P
L
I
E
D

AC
Q
U
I
R
E
D

DA
T
E

EX
P
E
C
T
E
D

State Agencies
Department of Fish & Wildlife Lake or Streambed Alteration Agreement (Section 1600) Department of Fish & Wildlife Incidental Take Permit or Consistency Determination (CESA) (California Endangered Species Act)
Department of Transportation Encroachment Permit
Coastal Commission Coastal Development Permit
Coastal Commission Letter of Consistency
Regional Water Quality Control
Board 401 Water Quality Certification or Waste Discharge Requirement State Water Resources Control
Board Water Rights Permit
State Water Resources Control
Board General Industrial Stormwater Permit
State Lands Commission Permit (if using State-owned property) State Office of Historic
Preservation
Section 106 Consultation with State Historic Preservation Officer (National Historic Preservation Act of 1986)
Federal Agencies
U.S. Fish and Wildlife Service Section 7 Consultation, Biological Opinion or Section 10 Permit (Endangered Species Act)
U.S. Army Corps of Engineers Section 404 Permit (Clean Water Act) U.S. Army Corps of Engineers Section 10 Permit (Rivers & Harbors Act of 1899) U.S. Coast Guard / U.S. Army
Corps of Engineers Section 9 Permit (Rivers & Harbors Act of 1899) U.S. National Resources
Conservation Service
Section 106 Consultation (National Historic Preservation Act of 1986)
National Marine Fisheries
Service
Section 7 Consultation, Biological Opinion, or Section 10 Permit (Endangered Species Act)
Local and Regional Planning Agencies
City/County Grading Permit
City/County Environmental Health Department
City/County Model Water Efficient Landscape Ordinance (MWELO) Landscape Documentation Package
Central Valley Flood Protection
Board
Permission to Encroach on Waterways within Designated
Floodways
S.F. Bay Conservation and
Development Commission Any relevant permit
Tahoe Regional Planning
Agency Any relevant permit
Local Resource Conservation
District Consultation
Flood Control Districts Floodway & Hydrological Analysis Others (e.g., CalRecycle, State
Contractors Board, CPUC)
None No permits are applicable 11/14/2023 C4 46 of 59

40 APPENDIX L – SIGN GUIDELINES

Types of Signs

1. Construction – A sign acknowledging the funding source is required during construction.

2. Post Completion – A funding acknowledgement sign must be installed before the final project inspection and remain in place for at least four (4) years from the date of project completion. The size of the sign is not prescribed; however, the funding source logo must comply with minimum size requirements and all required funding language.

If appropriate, the same sign can be used during construction and completion.

Sign Language
All signs must contain the language shown to
the right. The name of the director of the local
agency or other governing body may be
added, as well as the names (and/or logos) of
othe partners, organizations, individuals, and
elected representatives.

Logo
All signs must contain the Urban Greening
Program logo (see the box to the right). The
logo is available at
http://resources.ca.gov/grants/logo-art/.The
logo must be mounted in an area maximizing
visibility and durability. The logo must measure
a minimum of 1’X1’. When appropriate,
exceptions may be approved at the State’s
discretion.

Sign Construction
All materials used shall be durable and resistant to the elements and graffiti. The California Department of Parks and Recreation and California Department of Transportation standards can be used as a guide for gauge of metal, quality of paints, mounting specifications, etc.

Sign Expense
The cost of the sign(s) is an eligible project expense. Permanent signage is encouraged.

Appropriateness of Signs
For projects where the required sign may be out of place or affected by local sign ordinance, the State may authorize a sign that is more appropriate to the project.

Signs on State Highways
Signs placed within the state highway right-of-way may require a Caltrans encroachment permit. Contact your local Caltrans District Office early in the planning process for more information. For District Office locations, see https://dot.ca.gov/caltrans-near-me .

Project Title/Description

Another project funded by Specified General
Fund through the California Natural Resources
Agency’s
Urban Greening Program

GAVIN NEWSOM, GOVERNOR
Wade Crowfoot, Secretary for Natural
Resources

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41 State Approval
Grantee shall submit the proposed number, location(s), size, and language of sign for review prior to ordering signs. Final funds for projects will not be reimbursed until signage has been approved and installed.
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42 APPENDIX M – SAMPLE MEMORANDUM OF UNRECORDED GRANT AGREEMENT

Recording requested by, and )
when recorded, return to: )
State of California )
Natural Resources Agency )
Bonds & Grants )
715 P Street, 20th Floor )
Sacramento, CA 95814 )
Space above this line for Recorder’s use

MEMORANDUM OF UNRECORDED GRANT AGREEMENT

This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of ___________________, 20____, is recorded to provide notice of an agreement between the State of California, by and through the Natural Resources Agency (“Agency”) and

(“Grantee”).

RECITALS

• On or about ________________________, _____, Agency and Grantee entered into a certain Grant Agreement, Grant No. ___________ (“Grant”), pursuant to which Agency granted to Grantee certain funds for the acquisition or development of certain real property, more particularly described in attached Exhibit A and incorporated by reference (the “Real Property”). (Must attach the legal description of property including APNs as Exhibit A.)

• Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property.

• Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant.

NOTICE

• The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained.

• The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

• The Grantee shall not use or allow the use of any portion of the real property as security for any debt.

• For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, which is on file with the Natural Resources Agency, 715 P Street, 20th Floor, Sacramento, California 95814.

GRANTEE (Authorized Representative):

By:______________________________________

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43 Memorandum of Unrecorded Grant Agreement (MOUGA) Instructions

1. Complete the Memorandum by inserting the following information:
• Date
• Grantee’s name as its stated in the Grant Agreement
• Start date of the Grant Agreement (start date of the Project Performance Period) • Grant Agreement number
• Attach legal description of the properties including the property (APN’s) as Exhibit A to the Memorandum.

2. Notarize the Memorandum. The grantee’s authorized representative (the person holding the position identified in the submitted Resolution and on the Grant Agreement face sheet) signs the Memorandum form in the presence of a notary. The notary then completes the “Notary Acknowledgement” section.

3. Record the Memorandum form at the County Recorder’s Office of the county in which the property is located.

4. Ensure a recorded copy of the Memorandum sent to the Natural Resources Agency, Bonds and Grants Unit, address listed at the at the top of the Memorandum form.

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44 APPENDIX N – PAYEE DATA RECORD/GOVERNMENT AGENCY TAXPAYER ID FORM

Nonprofit applicants must provide a completed and signed STD 204 Payee Data Record form.

Government agency applicants must provide a completed and signed Government Agency Taxpayer ID Form. These forms are required to receive payment from the State of California.

A fillable STD 204 form can be found at https://resources.ca.gov/-/media/CNRA- Website/Files/grants/AdminForms/std204.pdf.

A fillable Government Agency Taxpayer ID Form can be found at https://resources.ca.gov/- /media/CNRA-Website/Files/grants/AdminForms/Govt_TIN_Form.pdf.

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45 APPENDIX O – DEED RESTRICTION TEMPLATE (ACQUISITIONS ONLY)

The property described in this deed was purchased in part or in whole with grant funds provided by the State of California by and through the Natural Resources Agency (“the State”) under the Urban Greening Program and is referred to herein as the “Burdened Property”. The Burdened Property currently consists of [take from appraisal/DGS letter]. Landowner desires and intends that in order to provide public benefit and meet the terms of the funding, the Burdened Property shall be used only for purposes consistent with the funding.

Use of the burdened property is restricted and shall exclusively be for [Insert description of property use based on purpose of the program/project proposal e.g., habitat preservation and public access which includes managing and maintaining the existing public access features consisting of an existing trail head and two miles of trail] so long as such management and maintenance complies with federal and state laws and regulations. If access for the public ever needs to change location, scope, or scale, landowner will seek consent from the State.

Unless otherwise expressly identified in this deed, all development rights are extinguished.

Grantor acknowledges the restrictions, extinguished development rights, and other dedications in this deed provide a benefit to the burdened property and all other adjacent property, as well as the People of the State of California, and the terms of this deed shall run with the land and bind all successive owners in interest consistent with Civil Code section 815 et seq. No other uses are permitted OR granted herein, and any violation of these restrictions or dedications will operate to automatically revert the Burdened Property to the State of California.

The Burdened Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State. Such approval shall not be unreasonably withheld, provided the purposes for which the funding was awarded are expressly assumed by the purchaser as part of the purchase agreement and prior to the close of escrow.

Responsibilities to maintain and operate the Burdened Property in accordance with this deed runs with the land.

Obligations for operation and maintenance of the Burdened Property may be abandoned only upon the written approval of the State and only for good cause. Good cause includes, but is not limited to, natural disasters that destroy the property. Good cause shall not include more expedient or economically beneficial development.

The Burdened Property, or any portion thereof, may not be used for additional mitigation without the written permission of the State.

The Burdened Property, or any portion thereof, may not be used as security for any debt.

These restrictions imposed on the Burdened Property shall run with the land and pass with each and every portion of the Burdened Property and shall apply to and bind the respective successors in interest to the Burdened Property.

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46 APPENDIX P – AVAILABLE RESOURCES

Disadvantaged Communities

CalEnviroScreen 4.0
https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-40

Community FactFinder (SCORP)
http://www.parksforcalifornia.org/communities

Department of Water Resources Disadvantaged Communities Mapping Tool https://gis.water.ca.gov/app/dacs/

Tribal Consultation

Native American Heritage Commission
http://nahc.ca.gov/

Extreme Heat Threat

California Heat Assessment Tool
https://www.cal-heat.org/explore

Executive Orders and Legislation

California Global Warming Solutions Act of 2006 (Assembly Bill 32) http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_0001-0050/ab_32_bill_20060927_chaptered.pdf

Senate Bill 32
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB32

Senate Bill 859
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB859

Statewide Park Development and Community Revitalization Act of 2008 (Assembly Bill 31) http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=200720080AB31

Plant Palette and Water Use

CAL FIRE’s Tree Planting Standards and Specifications
Tree Planting Guidelines

California Native Plant Society
https://www.cnps.org/

CalPoly Urban Forest Ecosystems Institute
https://ufei.calpoly.edu/

Model Water Efficient Landscape Ordinance
https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/Model-Water-Efficient-Landscape- Ordinance

OPALS- Plant Allergy Scale
http://www.allergyfree-gardening.com/

Urban Forest Ecosystems Institute- SelecTree
https://selectree.calpoly.edu/

Water Use Classification by Landscape Species (WUCOLS)
http://ucanr.edu/sites/WUCOLS/
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47 California Invasive Plant Inventory Database
https://www.cal-ipc.org/plants/inventory/

Urban Forestry Canopy Viewer
https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fseprd645759.html Project Planning

California Regional Progress Report
http://www.dot.ca.gov/hq/tpp/offices/orip/Collaborative%20Planning/California_Regional_Progress_Report.html

California Healthy Places Index
https://map.healthyplacesindex.org/

Reduced Vehicle Miles Traveled

Caltrans Traffic Census Program
http://www.dot.ca.gov/trafficops/census/

Carbon Sequestration Calculator

i-Tree Planting
https://planting.itreetools.org/

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48 APPENDIX Q – DEFINITIONS

Unless otherwise stated, the terms used in these grant guidelines have the following meanings:

Acquisition means obtaining a fee interest or any other interest, including easement, leases, and development rights.

Applicant means an eligible organization requesting funding from this program to be administered by the State.

CEQA means the California Environmental Quality Act, Public Resources Code Section 21000 et seq.; Title 14, California Code of Regulations, Section 15000 et seq.

Critically Underserved Community means a community that either has less than three acres of usable parkland per 1,000 residents or is a disadvantaged community and that the community has insufficient or no park space and recreation facilities.

Disadvantaged Community means a community disproportionately affected by environmental pollution and other hazards and areas with concentrations of people that are low income, high unemployment, low levels of home ownerships, high rent burden, sensitive populations, or low levels of educational attainment; and/or a community with a median household income less than 80% of the statewide average (see Appendix F for guidance).

Easement means an interest in land entitling the holder thereof to a limited use or enjoyment of the land in which the interest exists.

Environmental Justice is the fair treatment of people of all races, physical and cognitive abilities, cultures, and income with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.

Fair Market Value means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services.

Fund or Funds means the General Fund.

Grant Agreement means an arrangement between the State and grantee specifying the payment of funds by the State for the performance of specific Urban Greening Project objectives within a specific project performance period by the grantee.

Grantee means an applicant that has an agreement for grant funding with the State.

Grants Administrator means an employee of the State who manages the grants.

Green Roof means a vegetative layer grown on a rooftop to mitigate the urban heat island effect and improve energy efficiency by shading roof surfaces and removing heat from the air through evapotranspiration.

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49 Greenhouse Gases means atmospheric gases that contribute to the greenhouse effect.

Gases include, but are not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

Greenhouse Gas (GHG) Reductions means the sum of the GHG emission reductions and sequestration, minus any GHG emissions resulting from project implementation.

In-Kind means non-cash donations from governmental or private sources, and includes volunteer labor, materials, and services.

Indirect/Overhead Expenses means expenses of doing business that are of a general nature and are incurred to benefit at least two or more functions within an organization. These expenses are not usually identified specifically with a grant, grant agreement, project, or activity, but are necessary for the general operation of the organization. Examples of indirect expenses include salaries and benefits of employees not directly assigned to a project; functions such as personnel, business services, information technology, janitorial, and salaries of supervisors and managers not directly related to the project and supported with timesheets; and overhead such as rent, utilities, supplies, etc.

Joint Powers Authority means any entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of the Government code, if at least one of the parties to the joint powers agreement qualifies as an eligible applicant as described on page 2 of these guidelines.

Nonprofit Organization means any nonprofit corporation qualified to do business in California and qualified under Section 501 (c) (3) of the Internal Revenue Code.

Other Sources of Funds means cash or in-kind contributions that are required or used to complete the Urban Greening project beyond the grant funds provided by this program.

Pedestrian Facilities means sidewalks, trails, crosswalks, walkways, and curb ramps that encourage pedestrian travel.

Plant Palette means a recommended list of plants (shrubs, trees, etc.) which are appropriate and sustainable for a given jurisdiction and/or urban environment, considering economic, environmental, and social factors such as rainfall, terrain, soil, maintenance requirements, appearance, desired function, and public use.

Project Planning Expenses means expenses associated with specific preparations necessary to execute eligible Urban Greening projects. Planning includes conceptual designs, pre- schematic work, such as initial architectural and engineering plans prepared during the preliminary project phase; schematic documents; technical consulting; construction design; preparation of construction bidding documents; permits or appraisals. Planning expenses are distinct from “hard” project expenses of actual construction or acquisition.

Project means the activity to be accomplished with grant funds, and other funds if necessary, that meet the intent of the statutory conditions.

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50 Project Performance Period means the beginning and ending dates of the Grant Agreement.

Eligible expenses incurred during this period may be funded from the grant.

Project Scope means the description or activity of work to be accomplished by the Urban Greening project.

Restore or Restoration means to establish some of the structures, functions, or dynamics of an indigenous (native) ecosystem.

Riparian Habitat means lands that contain habitat which grows close to, and which depends upon, soil moisture from a nearby fresh water source.

Site Control means applicant owns the project land or has other legal long-term interest with the landowner giving permission to develop the project and provide long-term maintenance, as applicable, satisfactory to the State.

Special District means an agency of the state, formed pursuant to general law or a special act, for the performance of governmental or proprietary functions, with limited geographic boundaries, including, but not limited to, a school district and a community college district..

State means the California Air Resources Board, the California Natural Resources Agency, or its representative.

Traditional Lands means lands that are synonymous with aboriginal or indigenous cultural territories or areas generally defined by natural boundaries containing static and transient habitation sites used for subsistence hunting, fishing, and gathering that may have fluctuated and overlapped over time and where religious practices were culturally significant to the Native American tribe or their ancestors.

Urban Area means a city within the State of California or a geographic area designated or defined as urban by an applicable plan covering the project area, including, but not limited to general plans, specific plans, or community plans (only for projects that do not qualify as a disadvantaged community).

Urban Forest means those native or introduced trees and related vegetation in the urban and near-urban areas including, but not limited to, urban watersheds, soils and related habitats, street trees, park trees, residential trees, natural riparian habitats, and trees on other private and public properties (reference PRC 4799.09).

Urban Forestry means the cultivation and management of trees in urban areas for their present and potential contribution to the economic, physiological, sociological, and ecological well-being of an urban society (reference PRC 4799.09).

Urban Greening means a community-based effort to plan, plant, care, and manage flora, structures and spaces, which lead to increased forest canopy, reduced storm water runoff, improved air and water quality, energy conservation, open space and ultimately, more sustainable communities.

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51 Urban Heat Island means a metropolitan area which is significantly warmer than its surrounding rural areas due to modification of the land surface by urban development.

Willing Seller means the project property owner(s) is/are willing participant(s) in the proposed real property transaction and at a purchase price not to exceed fair market value as verified by the State.
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52 END OF GUIDELINES
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