Cities Index.
Item 12 - Flood Corridor Program - Grant Funding Agreement No. 3 with the State of California Department of Water Resources

Yucaipa City Council
February 27, 2023

Document
Item 12 - Flood Corridor Program - Grant Funding Agreement No. 3 with the State of California Department of Water Resources
Meeting
February 27, 2023
Body
Yucaipa City Council
Pages
3
Original file
65 KB
Text extracted from the city's file for reading and search. Open the original on coydocs.yucaipa.gov. That file is the official record.

Agenda Item No. I ?,
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KIM D113 )XV 1"A 01 Ul k"If I
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Se ices/City Engineery,.

Landon Kern, Assistant City Engineer b-,
�XBJECT: Flood Corridor Program — Grant Funding Agreement No. 3 with the State of California Department of Water Resources
That City Council:
1) Authorizing the Mayor to execute an agreement with the State of California Department of Water Resources (DVYTR) for the Oak Glen Creek Open Space Acquisition Project through the Flood Corridor Program (Grant Program); and
P-) Amend the FY2022/2023 Capital Improvement Program by adjusting the amount from $337,358 to $279,504.28 in grant funding from the Floodway/Flood Protection Corridor Grant Program for the Oak Glen Creek Open Space Acquisition Project.

On February 14, 2011, City Council adopted Resolution No. 2011-05 granting authorization to submit an application requesting grant funds from the Flood Corridor Grant Program (Grant r1rogram) under the Proposition 84, Safe Drinking Water, Water Quality and Flood Control, River znd Coastal Bond Act of 2006 and Proposition IE, Disaster Preparedness and Flood Prevention rLond Act of 2006.

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funding to purchase vacant properties in the floodway/floodplain to be used for open space, flood protection, flood corridors or natural habitat conservation. The properties identified in the Grant Program application are located in the Oak Glen Creek drainage tributary area and provide an li:lk It owwavototio-sWili III
construction, the existing Oak Glen Creek Basins Project and the upcoming Pendleton Avenue Low Water Crossing Replacement Project (Pendleton LWC Project).

On October 8, 2012, City Council approved and authorized the Mayor to execute an Agreement with DWR for the Acquisition Project (Contract No. 4600009978) as a part of the Grant Program.

The effective date of the Agreement was February 28, 2013, terminating three years after the effective date (February 2016). DWR approved Amendment No. I to the Agreement with the City to extend the term of the Agreement, for one additional year, to February 28, 2017. On February 195

City Council Meeting on February 27, 2023
Flood Corridor Program —Grant Funding Agreement No. 3 with the State of California Department of Water Resources

Page 2 of 3 ends

13, 2017, City Council approved Amendment No. 2 to the Agreement to extend the term to February 28,2018.

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the Pendleton LWC Project is completed. The second parcel, APN. 0321-141-12, (formally two parcels APN's 0321-142-10 & 11 combined at the request of DVVR) was acquired on June 10, 2016 * This parcel will remain vacant and in its natural condition after the Pendleton LWC Project is constructed.

In early 2018, staff formally requested permission from DWR to extend the original Agreement an additional year to allow the City to finalize several required items to complete the Acquisition Project. Due to these items, and DVvR's lengthy review process, DWR requested that the City enter into a new Grant Funding Agreement. On October 8, 2018, City Council adopted Resolution No. 2018-44 and authorized the Mayor to execute a new Grant Funding Agreement (Contract N6.46000013699) with DWR for the Acquisition Project through the Grant Program. This new Grant Funding Agreement (Agreement No. 2) was approved with the active term beginning on March 1, 2018, to December 31, 2020.

After DWR staff approved the final grant funding reimbursement request as submitted by the City per Agreement No. 2, staff was informed that upon further review, per Section 8 of Agreement No. 2, any costs falling outside of the active term of the Agreement No. 2 could not be reimbursed through the Grant Program. The City reimbursement request included such costs. In September of 2022 staff requested that DWR reconsider this determination regarding processing the final reimbursement request for the following reason: In Agreement No. 2, on page 26-Exhibit C, it states that DWR would consider reimbursement of properties already acquired. This language was included in Agreement No. 2 to ensure the earlier expenditures could be eligible for reimbursement.

Following a formal request by City staff to reevaluate cost eligibility, DVVR staff determined that Funding Agreement (Agreement No. 3). The term of the Agreement No. 3 begins on February 15, 2015, allowing reimbursement of eligible carry-over costs not captured under the original Agreement. Unless otherwise terminated or amended as provided in Agreement No. 3, all work shall be completed by and no funds may be requested after December 31, 2023. Approval of this Agreement No. 3 will allow staff to resubmit the final reimbursement request, to allow DWR to process the City's reimbursements of all eligible project expenditures to date. 196

City Council Meeting on February 27, 2023
Flood Corridor Program —Grant Funding Agreement No. 3 with the State of California Department of Water Resources

Page 3 of 3 ends

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-077777II&F -racintics rFes7-rTr) r1licang YTTM Nie 7-7� LWC Project for the local match component • the grant, • a total Acquisition Project budget in the amount of $386,358. The proposed Agreement, as approved by DWR, will reduce the reimbursable grant funds from $337,358 to $279,504.28, since $57,853.28 was previously reimbursed to the City for eligible cost associated with Agreement No. 2 with DWR. Therevised w4r4l"c' 2c"k 1,11#4,
the properties deemed eligible for reimbursement by DWR. As a result, staff is recommending that Council amend the FY2022/2023 Capital Improvement Program by identifying the amount of $279,504.28 in grant funding from the Grant Program for the Project.

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Approved by:C--
197

FUNDING AGREEMENT OF '

DEPARTMENTOF - RESOURCES
AND
THE CITY OF l •

FOAK GLEN CREEK OPEN SPACE ACQUISITION FLOOD CORRIDOR PROJECT OR

UNDER THE SAFEDRINKING WATER, WATER QUALITY
SUPPLY,!ir CONTROL,COASTAL BOND ACT OF 11s
Im.

CALIFORNIASTATE OF THE * RESOURCES

DEPARTMENT

CALIFORNIAAGREEMENT BETWEEN THE STATE OF

DEPARTMENT

THE CITY OF YUCAIPA

UNDER THE FLOOD CORRIDOR PROGRAM
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terminatedThe term of this Funding Agreement begins on February 15, 2015. Unless otherwise ®- i-i as provided Agreement,i be completed by
December i and no funds may be requested after December! on age 12.

The maximum amount payable by the State under this Agreement shall not exceed $ • /4
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Funding Recipient agrees to fund the difference between the actual Total Project Cost, as estimated in Exhibit D, and the amount specified in Paragraph 4, if any. Cost Share consists of Funding Match of non-federal and non -State funds as documented in Exhibit D; see Exhibit G for guidance. Funding Recipient is required to provide. a minimum Funding Match of 10% of the Total Project Cost.

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AFor the term of this Funding Agreement, Funding Recipient submits timely Quarterly Progress Reports as required by Paragraph 13, "Submission of Reports."
B. Funding Recipient submits all deliverables as specified in Paragraph 13 of this Funding Agreement and in Exhibit C.

C. Prior to the commencement of construction or implementation activities, Funding Recipient shall submit the following to the State:
i. Final plans and specifications certified by a California Registered Civil Engineer as to compliance for each approved project as listed in Exhibit C of this Funding Agreement.
ii. Work that is subject to the California Environmental Quality Act (CEQA) and or environmental permitting shall not proceed under this Funding Agreement until the following actions are performed:
a. Funding Recipient submits to the State all applicable environmental permits as indicated on the Environmental Information Form to the State, b. Documents that satisfy the CEQA process are received by the State, c. State has completed its CEQA compliance review as a Responsible Agency, and
d. Funding Recipient receives written concurrence from the State of Lead Agency's CEQA document(s) and State notice of verification of environmental permit submittal.

State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, State will consider the environmental documents and decide Whether to continue to funii the project or to require changes, alterations or other mitigation. Funding Recipient must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation.

Ji. A monitoring plan as required by Paragraph 15, "Project Monitoring Plar Requirements."
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Project included in this Agreement. Work performed on the Project after February 15, 2015, shall be eligible for reimbursement.

Costs that are not eligible for reimbursement with State funds cannot be counted as Funding Match. Costs that are not eligible for reimbursement include but are not limitQ-i to the following items:

K Costs, other than those noted above, incurred prior to the award date of this Grant.

B. Operation and maintenance costs, including post construction performance and monitoring costs.

C. Purchase of equipment not an integral part of a project D. Establishing a reserve fund.

E. Purchase of water supply
F. Monitoring and assessment costs for efforts required after project construction i complete.

G. Replacement of existing funding sources for ongoing programs.

H. Travel and per them costs.

1. Support of existing agency requirements and mandates (e.g., punitive regulato agency requirement),
J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or land purchased prior to February 15, 2013, the effecti - date of the tial Agreement No. 4600009928.

K Overhead and indirect costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective 3 201

and are not readily assignable to the funded project (Le., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Funding Recipient; non -project -specific accounting and personnel services performed within the Funding Recipient's organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non -project - specific facilities; tuition and conference fees; and, generic overhead or markup.

This prohibition applies to the Funding Recipient and any subcontract or sub - agreement for work on the Project that will be reimbursed pursuant to this Agreement.

After the disbursement requirements in Paragraph 6 "Basic Conditions" are met, State will disburse the whole or portions of State funding to Funding Recipient, following receipt from Funding Recipient via US mail or Express mail delivery of a "wet signature" invoice for costs incurred, including Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, "Submission of Reports." Payment will be made no more frequently than quarterly in arrears, upon receipt of an invoice bearing the Funding Agreement number. State will notify Funding Recipient, in a timely manner, whenever, upon review of an Invoice, State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to State. Funding Recipient may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to cure such deficiency(ies). If Funding Recipient falls to submit adequate documentation curing the deficiency(ies), State will adjust the pending invoice by the amount of ineligible or unapproved costs.
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A6 Costs incurred for work performed in implementing the Project during the peri identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoim for the implementation of a project.

C. Invoices shall be submitted on forms provided by State and shall meet the following format requirements:
v. Invoices must contain the date of the invoice, the time period covered by t invoice, and the total amount due.
vi. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit D. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly o daily rate = the total amount claimed).
vii. One set of sufficient evidence (i.e., receipts, copies of checks, time sheets) must be provided for all costs included in the invoice. viii. Each invoice shall clearly delineate those costs claimed for reimbursement from the State's funding amount, as depicted in Paragraph 4, "Funding no

Amount" and those costs that represent Funding Recipient's costs, as applicable, in Paragraph 5, "Funding Recipient Cost Share." ix. Original signature and date (in ink) of Funding Recipient's Project Representative. Submit the original"wet signature" copy of the invoice form to the following address.

Albert Lu c/o James Williams
State • •
61MA 440-�i
Glendale, CA 91203
All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only • for the tasks set forth herein.

The Funding Recipient shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Funding Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud, Any suspected occurrences • fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest� Additionally, the State may request an audit pursuant to Paragraph A.5 and refer the matter • the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572- 1573, Pen. Code, §§ 470, 487-489.)
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Funding Recipient will be in default under this Funding Agreement if any of the followir Ice, *ccur:

A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Funding Recipient and State evidencing or securing Funding Recipient's obligations; B. Making any false warranty, representation, or statement with respect to this Funding Agreement or the application filed to obtain this Funding Agreement; C. Failure to operate or maintain project in accordance with this Funding Agreement.

D. Failure to make any remittance required by this Funding Agreement.

E. Failure to submit timely progress reports.

F. Failure to routinely invoice State.

G. Failure to meet any of the requirements set forth in Paragraph 12, "Continuing Eligibility.

Should an event of default occur, State shall provide a notice of default to the Fundi default from the date the notice is sent via first-class mail to the Funding Recipient. I the Funding Recipient fails to cure the default within the time prescribed by the State State may do any of the following: 1
A. Declare the funding be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default.

B. Terminate any obligation to make future payments to Funding Recipient.

C. Terminate the Funding Agreement.

D. Take any other action that it deems necessary to protect its interests.

In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneysfees, legal expenses, and costs6
-unding Recipient must meet the following ongoing requirement(s) to remain eligible to �-eceive State funds:

A. Funding Recipient must adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406) for data sharing, transparency, documentation, and quality control.
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The submittal and approval of all reports is a requirement for the successful completion of this Funding Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. If requested, Funding Recipient shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F. The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State, of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Progress Reports: Funding Recipient shall submit Quarterly Progress Reports to meet the State's requirement for disbursement of funds. Quarterly Progress Reports shall, in part, provide a brief description of the work performed, Funding Recipients activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Funding Agreement during the reporting period. The first Quarterly Progress Report should be submitted to the State no later than October 1, 2018, with future reports then due on successive three-month increments based on the invoicing schedule and this date.

B. Project Completion Reports: Funding Recipient shall prepare and submit to State a separate Project Completion Report for each project included in Exhibit C.

Funding Recipient shall submit a Project Completion Report within ninety (90) poll

calendar days of project completion. Each Project Completion Report shall include, in part, a description of actual work done, any changes or amendments to each project, and a final schedule showing actual progress versus planned progress, copies of any final documents or reports generated or utilized during project. The Project Completion Report shall also include, if applicable, certification of final project by a registered civil engineer, consistent with Standa Condition A. 18, "Final Inspections and Certification of Registered Civil Engineer' A DWR "Certification of Project Completion" form will be provided by the �tate.

C. Post -Performance Reports: Funding Recipient shall submit Post -Performance Reports. Post -Performance Reports shall be submitted to State within ninety ( calendar days after the first operational year of a project has elapsed. This reco keeping and reporting process shall be repeated annually for a total of 10 years after the completed project begins operation.
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reconstruct capital assets or basic structures. Refusal of Funding Recipient to ensure operation and maintenance of the projects in accordance with this provision may, at the option of State, be considered a breach of this Funding Agreement and may be treated as default under Paragraph 11, "Default Provisions."
Exhibit C of this Funding Agreement shall contain activities to develop and submit to State a Project Monitoring Plan. Along with the Project Performance Measures Table requirements outlined in the Flood Corridor Program Proposal Solicitation Package, the Project Monitoring Plan should also include:

A. Baseline conditions.

R. Brief discussion of monitoring systems to be used.

C. Methodology of monitoring.

D. Frequency of moni orinc it i.

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A Project Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. See Exhibit 1, "Requirements for Data Submittal", for web links and information regarding other State monitoring and data reporting requirements.

As of the date of execution of this Agreement, the Funding Recipient has stated that it has satisfied the requirements of this Section.

Within their respective ownership of land rights, the Funding Recipient agrees to use, manage, and maintain the property acquired, developed, rehabilitated, or restored wit the grant funds provided in this Agreement consistent with the purposes of the progra and is required to continue in perpetuity or until deemed no longer necessary by the 'I State. Specific maintenance activities are outlined in Exhibit E, Planned Maintenance Activities. The Funding Recipient or their successors may, with the approval of the State, transfer this responsibility to use, manage, and maintain the property acquired discussed in Exhibit A, Standard Terms, and A. 17 Easements. Such title transfer will occur in a way that binds the new owner to the same obligations.

The Funding Recipient is coordinating the acquisition of real property rights (Exhibit B attached hereto) for the purpose of the protection, restoration, and enhancement of the flood corridor by combining an effective and low-cost means of flood control protection with the preservation and enhancement of natural environmental values, The acquisition of any real property interest in these properties with State funds must comply with the following:

A. The Funding Recipient must provide escrow documents and information listed In Exhibit F, "Information Needed for Escrow Processing and Closure", including a preliminary title report, vesting documents, and a fully conformed appraisal report to the State. Appraisals must be prepared and signed by a qualified general appraiser, who is licensed by the California Department of Real Estate Appraisers and demonstrates compliance with the Uniform Standards for Professional Appraisal Practices. Any and all appraisal reports shall be submitted to the State for approval prior to disbursal of funds for the acquisition. For low value property interests, the State, in its sole discretion, may waive any of the foregoing submittal requirements.

B. The property rights shall be acquired from a willing seller as promulgated in Water Code section 79037(b) (4), and in compliance with current laws governing acquisition of properties by public agencies.

C. The Funding Recipient shall provide sufficient notice to adjacent landowners and other members of the public to enable public input on interests that may be affected by the acquisition and changes in land use.
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has satisfied the requirements of this Section.

A. Events or proposed changes that could affect the scope, budget, or work performed under this Funding Agreement. Funding Recipient agrees that no substantial change in the scope of a project will be undertaken until written notice • the proposed •- has •- provided to State and State has given written approval for such change. Substantial changes generally include changes to the scope of • schedule or term, and budget.
& Any public • -• event publicizing the accomplishments and/or results • this Funding Agreement and provide the opportunity for attendance and participation by State's representatives. Funding Recipient shall make such notification at least 14 calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during constructio the Funding Recipient agrees that all work in the area of the find will cease until qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Funding Recipient agrees to implement appropriate actions as directed by the State, D. The initiation of any litigation or the threat of litigation against the Funding Recipient regarding the Project or that may affect the Project in any way.

E. Final inspection of the completed work on a project by a Registered Civil Engineer, in accordance with Standard Condition A. 18, "Final Inspections and Certification of Registered Civil Engineer." Funding Recipient shall notify the State's Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide State the opportunity to participate in the inspection.

Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Funding Agreement shall be in writing.

Notices may be transmitted by any of the following means - A. By delivery in person.

B. By certified U.S. mail, return receipt requested, postage prepaid.

C. By "overnight" delivery service; provided that next -business -day delivery is requested by the sender.

D. By electronic means.

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt), Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U. S.

Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service.

Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.

Upon completion of this Funding Agreement, Funding Recipient's performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and copy sent to the Funding Recipient.
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Albert Lu c/o James Williams
State of California
Flood Corridor Program
770 Fairmont Avenue
Glendale, CA 91203
Albert Lu c/o James Williams
State of California
Flood Corridor Program
770 Fairmont Avenue
Glendale, CA 91203
Fermin Preciado
IVAQ40-0
Engineer
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Fermin Preciado Engineer
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Either party may change its Project Representative or Project Manager upon written notice to the other party.

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

The following Exhibits are attached and made a part of this Funding Agreement by this reference:

Exhibit A — Standard Terms
Exhibit B — Project Location
Exhibit C — Scope of Work
Exhibit D — Budget
Exhibit E — Funding Recipient Resolution
Exhibit F — Report Formats and Requirements
Exhibit G — State Audit Document Requirements and Funding Match Guidelines for Funding Recipients
Exhibit H — Monitoring and Maintenance Plan Components
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Yoowing autnorizea representatives nave executea tnj
Agreement as of the date first above written and approved as to Legal form and Jeremy Arrich
Manager, Division of Flood Management
in

EXHIBIT A

STANDARD TERMS

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A2 ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Funding Recipient shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement.

The Funding Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated Within this Paragraph.

A. 3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Funding Recipient for amendments must be in writing stating the amendment request and the reason for the request, A.4. AMERICANS WITH DISABILITIES ACTBy signing this Funding Agreement, Funding Recipient assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.SC. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the A. 5. AUDITS- State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Funding Recipient to conduct a final audit to State's specifications, at Funding Recipient's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this Funding AgreementI and State may elect to pursue any remedies provided in Section 11 or take any other action it deems necessary to protect 14 212

its interests. The Funding Recipient agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Funding Recipient shall be subject• the examination and audit by the State for a period of three (3) years after final payme under this Funding Agreement with respect of all matters connected with this Funding Agreement, 'including but hot limited to, the cost of administering this Funding Agreement. All records of Funding Recipient or its contractor or subcontractors shall b preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.
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information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.,- and
The Funding Recipient, to the best of its knowledge is fully complying With the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

A. 10. CLAIMS DISPUTE: Any claim that the Funding Recipient may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Funding Recipien no 9 claim. State and Funding Recipient shall then attempt to negotiate a resolution of s s
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claim and process an amendment to this Agreement to implement the terms of any u resolution.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B, Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy -making position in the same general subject area as the proposed contract w ' hin the twelve-month period prior to his or her leaving State service. it 16 214

C. Employees of the Funding Recipient: Employees of the Funding Recipient shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict • interest provisions • the California ''• Reform Act. (Gov. +•- § 87100 et -•
D. Employees and Consultants to the Funding Recipienti individuals working • •- of a Funding Recipient may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) If it is determined that an individual is a consultant for "• Reform Act purposes. iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations,
C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who • under this Funding Agreementi i. Will receive a copy of Funding Recipient's drug -free policy statement, and ii. Will agree to abide by terms of Funding Recipient's condition of employment, contract or subcontract.
17 215

title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

A. Where the Funding Recipient acquires an easement under this Agreement, the Funding Recipient agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement acceptable to the State may result in termination of this Agreement.

A.18. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER:

Upon completion of the Project, Funding Recipient shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement.

A.19. FUNDING RECIPIENT'S RESPONSIBILITIES: Funding Recipient and its representatives shall:
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subcontractors. The State will not mediate disputes between the Funding Recipient • any other entity concerning responsibility for performance • • A.20. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

A.21. INCOME RESTRICTIONS: The Funding Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Funding Recipient under this Agreement shall be paid by the Funding Recipient to the State, to the extent that they are properly allocable to costs for which the Funding Recipient has been reimbursed by the State under this Agreement. The Funding Recipient shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

K.26. LABOR CODE COMPLIANCE: The Funding Recipient agrees to be bound by all the provisions • the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing ..•."` provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: h ftp://www.dir.ca.gov/ lcpasp. For more information, please refer to DIR's Public Works Manual at:
http://www,dir.ca.gov/dlse/PWManualCombined.pd . The Funding Recipient certifies that it has a Labor Compliance Program (LCP) in place or has contracted with a third party that has been approved by the Director of DIR to operate an LCP. The Funding Recipient affirms that it is aware of the provisions • section 3700 • the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance, and the Funding Recipient affirms that it will comply with 19 217

such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

A.27. MODIFICATION OF OVERALL WORK PLAN,- At the request of the Funding Recipient, the State may at its sole discretion approve non -material changes to the portions of Exhibit A which concern the budget and schedule without formally amending this Funding Agreement , Non -material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non -material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non -material changes to the budget and schedule must be submitted by the Funding Recipient to the State in writing and are not effective unless and until specifically approved by the State's Program Manager in writing.

Funding Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

A.29. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of e ither party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable,
A.30. PERFORMANCE BOND: Where contractors are used, the Funding Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Funding Recipient in the following arrountsfaithful performance (100%) of contract value, and labor and materials (100%) of contract value, This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California -admitted surety, (Pub. Contract Code, § A.31. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services ir. excess of $200,000, the Funding Recipient shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.
20 218

A.32. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION:

The Funding Recipient shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or
Funding Recipient's service of water, without prior permission of State. Funding Recipient shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Funding Recipient meet its obligations under this Funding Agreement, without Prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

A.33. PROJECT ACCESSo The Funding Recipient shall ensure that the State, the Governor of - State, or any authorized representativeof the f:#r'##.n# will have safe .:.:!'..
suitable access to the Project site at all reasonable times during Project construction and thereafter for - term of Agreement.

PA. 3 4. REMAINING BALANCE- In the event the Funding Recipient does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Funding Recipient statin that the Project file is closed, and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.

A.35. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. 21 219

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3 221

EXHIBIT B

PROJECT
r * LOCATION

OAK GLEN CREEK OPEN SPACE ACQUISITION FLOOD CORRIDOR PROJECT

THE CITY OF YUCAIPA
m
24 222

Ic

LOCATION MAP
I
0 223

Oak Glen Creek Corridor
AMA-Aff �.. -1AHOMM"We
In=
LEGEND

1.82 Acre FCP Conservation
Easement

7.31 Acre FCP Conservation
Easement
Pendleton Road
Improvements
City Owned Parcels
26 224

R

EXHIBIT C

SCOPE OF WORK

OAK GLEN CREEK OPEN SPACE ACQUISITION FLOOD CORRIDOR PROJECT Exhibit B, Figure 3 identifies two real property acquisitions within the Santa Ana River 100-year floodplain to be funded by this FCP grant agreement. This Scope of Work describes activities the City of Yucaipa has completed for the appraisal, purchase, adjustment and recordation of parcel boundary line adjustments, and the negotiation and recordation of conservation easement(s). Activities completed to survey and record a right-of-way for the Pendleton Road Improvement Project are not included in this Scope of Work and are not reimbursable acquisition costs. This Scope of Work shall be completed in whole within six months of the Agreement execution date.

The City of Yucaipa acquired a 7.31-acre Part Take of combined parcels 0321-141-10 and 0321-141-11, totaling 9.36 acres, on March 18, 2016. Acquisition costs associated with the 7.31 -acre parcel 0321-141-12 (Exhibit B, Figure 3) will be considered for reimbursement by the FCP Program as the FMV of the Part Take of the combined parcels. The State Department of General Services reviewed and approved a revised appraisal report dated October 24, 2016, that established the FMV of the 7.31 -acre Part Take as $185,000.

The Funding Recipient has recorded a conservation easement allowing parcel APN 0321-141-12 to receive "ecosystem enhancements" to satisfy mitigation requirements for the "Habitat Mitigation and Monitoring Plan for the Pendleton Avenue Low Water Crossing Replacement Project, City of Yucaipa' (HMMP), finalized in March 2019.

These "ecosystem enhancements" are the proposed "off -site restoration"and "off -site rehabilitation" mitiqation measures outlined in Section 4 of the HMMP. These 94 ecosystem enhancements" will be maintained in perpetuity. No further enhancements to the property will qualify for any future mitigation requirements. These mitigation requirements are not related to the FCP and therefore no FCP funds will be used to implement these "ecosystem enhancements".

E,

Sheet -flow areas within the planning area will provide adequate area for the normal stream waters to meander through the floodplain. The floodplain and sheet -flow areas will be preserved for open space uses such as passive recreation and wildlife habitat protection.
218.oi,
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N.

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as
6C 4­7,� 7 18
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z I / POC I
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PENDLETON A\' ENUE
14,PROVEMENT Pl ANS
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NO. 112728, CI Y OF YUCYA
Figure 3: Right of Way to be recorded to delineate Pendleton Road Improvement Project on APN 0321-142-20.

M.

QO" A
Tasks
Schedule
Task 1
Acquisition and Administration
A
Field Survey, Legal Description, Maps
Completed
Obtain survey, legal descriptions and maps
of properties that will be acquired.

B
Hire Appraiser
Completed
Negotiate scope of work for appraisal
services for each property.

C
Appraisal
Appraisal completion estimated at 2 months.

Completed
The appraisal is being updated per IERCD
requirements to record the conservation
easement
D
Offer/negotiation
Completed
Submit formal offer letter to property
owners. Negotiate offers with property
owners. City has incurred additional cost
staff time to complete the conservation
easement.

E
Plan to minimize impacts to adjacent
Completed and
landowners
submitted to DWR
F
City Council Approval
Ongoing
Present property acquisition to City
Council for approval. Approval of the new
funding agreement has incurred additional
cost by the City.

Easements/ Title restriction
G
Secure necessary easements along with
Completed
acquisitions:

Place conservation easement on acquired
lands. Approval of the easements has
incurred additional cost by the City
H
Monitoring Plan
Delivered
I
Maintenance Plan
Delivered
J
Progress Reports and final Report
Delivered
K
Invoice
29 227

EXAIBIT i
BUDGET

OAK GLEN CREEK OPEN SPACE ACQUISITION FLOOD CORRIDOR PROJECT fimm���.

Task
Tasks
Invoice 1
(4600009928)
Invoice 2
(4600009928)
Invoice 3
(4600013699)
DR
Agreement 3

DWR FCP
Grant
City of Yucaipa
Total Project Cast
1 Admin and
Acquisition
$ -
$ -
$ -
$ -
$ -
$
$
A
Engineering
$ 5,485
$ -
$ -
$ -
$ 5,485
$ 2,300
$ 7,785
Appraisal
$ 3,636
$ -
$ 9,919
$ -
$ 13,555
$ 1,100
$ 14,655
C
Offer/negotiation
(staff costs)
$ 205
$ -
$ 27,919
$ -
$ 28,116
$ 3,100
$ 31,216
D
Council Hearing
(staff costs)
$ 365
$ -
$ 17,273
$ -
$ 17,638
$ 2,684
$ 20,322
E
Escrow/legal
fees
$ -
$ -
$ 2,751
$ 7,504
$ 10,255
$ 1,100
$ 11,355
F
Land Acquisition
$ 23,183
$ 31,487
$ -
$ 272,000
$ 32,671
$ 33,585
$ 360,256
Totals
$ 32,874.26
$ 31,487.59
$ 57,853.72
$ 279,504.28
$ 401,719.85
$ 43,869.39
$ 445,68 .24
30 228

EXAIBIT F

REPORT FORMATS AND REQUIREMENTS

OAK GLEN CREEK OPEN SPACE ACQUISITION FLOOD CORRIDOR PROJECT The following reporting formats should be utilized, Please obtain State approval prior to submitting a report in an alternative format.
1 PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information.

PROJECT STATUS

PROJECT INFORMATION
• Legal matters
• Engineering Evaluations
• Environmental matters
• Status of permits, easements, rights -of -way, rights of entry and approvals as may be required by other State, federal, and/or local agencies • Major accomplishments during the quarter (i.e., tasks completed, milestones met, meetings held or attended, press releases, etc.)
• Issues/concerns that have, will, or could affect the schedule or budget, with a recommendation on how to correct the matter
• Describe differences between the work performed and the work outlined in the Overall Work Plan, including change orders
• Demonstrate financial ability to pay local cost share of Eligible Project Costs required to complete the Project
• Estimate the percentage completion of the overall project • Identify key issues that need to be resolved
• Photos documenting progress

COST INFORMATION
• A discussion on how the actual budget is progressing in comparison to the project budget included in the Overall Work Plan
• A list of any changes approved to the budget in accordance with Funding Agreement and a revised budget, by task, if changed from latest budget in the Overall Work Plan
E.

A
• /-% discussion of whether there have been any changes to the Funding Recipient's finance plan for payment of the Funding Recipient's share of Eligible Project Costs

SCHEDULE INFORMATION
• A schedule showing actual progress verses planned progress • A discussion on how the actual schedule is progressing in comparison to the original or last reported schedule
• A list of any changes approved to the Schedule in accordance with Funding Agreement and a revised schedule, by task, if changed from latest reported schedule

2. PROJECT COMPLETION REPORT
Project Completion Reports shall generally use the following format.

EXECUTIVE SUMMARY — Should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original application • Description of actual work completed and any deviations from the work plan identified in the Funding Agreement
REPORTS AND/OR PRODUCTS — The following items should be provided • Final Evaluation report
• Electronic copies of any data collected, not previously submitted • As -built drawings
• Final geodetic survey information
• Self -Certification that the Project meets the stated goal of the funding agreement (e.g., 1 00-year level of flood protection, HMP standard, PI-84-99, etc.)
• Project photos
• Discussion of problems that occurred during the work and how those problems were resolved
• A final project schedule showing actual progress versus planned progress COSTS AND DISPOSITION OF FUNDS — A list of showing:
• The date each invoice was submitted to State
• The amount of the invoice
• The date the check was received
• The amount of the check (if a check has not been received for the final invoice, then state this in this section.)
• A summary of the payments made by the Funding Recipient for meeting its cost sharing obligations under this Funding Agreement.
32-
230

• Labor cost of personnel of agency/ major consultant /sub -consultants.

Indicate personnel, hours, rates, type of profession and reason for consultant, i.e., design, CEQAwork, etc.
• Evaluation cost information, shown by material, equipment, labor costs, and any change orders
• Any other incurred cost detail
• A statement verifying separate accounting of funding disbursements Summary of project cost including the following items:
o Accounting of the cost of project expenditure;
• Include all internal and external costs not previously disclosed; and • A discussion of factors that positively or negatively affected the project cost and any deviation from the original project cost estimate.

ADDITIONAL INFORMATION - ftw, relevant additional Information should be included.
32,
231

EXHIBIT G

STATE AUDIT DOCUMENT REQUIREMENTS AND

FUNDING MATCH GUIDELINES FOR FUNDING RECIPIENTS

OAK GLEN CREEK OPEN SPACE ACQUISITION FLOOD CORRIDOR PROJECT The following provides a list of documents typically required by State Auditors and general guidelines for Funding Recipients. List of documents pertains to both State x
lunding and Funding Recipient's Funding Match and details the documents/records that State Auditors would need to reView in the event of this Funding Agreement is audited.

Funding Recipients should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Intern,21 Controls

1. Organization chart (e.g., Agency's overall organization chart and organization chart for the State funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Program/Project.

State Funding:

1. Original Funding Agreement, any amendment(s) and budget modification documents.

2. A listing of all bond -funded grants, loans, or subventions received from the State.

3. A listing of all other funding sources for each Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners' documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Funding Agreement.
34 232

2. Documentation linking subcontractor invoices to State reimbursement, requests and related Funding Agreement budget line items.

3. Reimbursement requests submitted to the State for the Funding Agreement, Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Funding Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Proiect Files:

1. All supporting documentation maintained in the project files.

2. All Funding Agreement related correspondence.

Funding Match (often referred to as cost share) consists of non -State funds, including in -kind services. In -kind services are defined as work performed (i.e., dollar value of non -cash contributions) by the Funding Recipient (and potentially other parties) directly related to the execution of the funded proje6t. Examples include volunteer services, equipment use, and use of facilities. The cost of in -kind service can be counted as funding match in -lieu of actual funds (or revenue) provide by the Funding Recipient.

Otherfun
is guidance for documenting funding match with and without in -kind services. 1 . Although tracked separately, in -kind services shall be documented and, to the extent feasible, supported by the same methods used by the Funding Recipient for its own employees. Such documentation should include the following- 35 233

I r
0 '111 1111111 •�Iiiiill� 1 1
''RE g•�g
b. Purpose for which the contribution was made (tied to project work plan) c. Name of contributing organization and date of contribution dReal or approximate value of contribution. Who valued the contribution ant how was the value determined? (e.g., actual, appraisal, fair market value, Justification of rate. (See item #2, below)
e. Person's name and the function of the contributing person f. Number of hours contributed
g. If multiple sources exist, these should be summarized on a table with summed charges
h. Source of contribution if it was provided by, obtained with, or supported by government funds

2. Rates for volunteer or in -kind services shall be consistent with those paid for similar work in the Funding Recipient's organization. For example, volunteer service of clearing vegetation performed by an attorney shall be valued at a fair market value for this service, not the rate for professional legal services. In those instances, in which the required skills are not found in the recipient organization, rates shall be consistent With those paid for similar work in the labor market. Paid fringe benefits that are reasonable, allowable and allocable may be included in the valuation.

3. Funding match contribution (including in kind services) shall be for costs and services directly attributed to activities included in the Funding Agreement. These services, furnished by professional and technical personnel, consultants, and other skilled and unskilled labor may be counted as in -kind if the activities are an integral and necessary part of the project funded by the Funding Agreement.

4. Cash contributions made to a project shall be documented as revenue and in -kind services as expenditure. These costs should be tracked separately in the Funding Recipient's accounting system.
36 234

EXHIBIT H

MONITORING AND MAINTENANCE PLAN COMPONENTS

OAK GLEN CREEK OPEN SPACE ACQUISITION FLOOD CORRIDOR PROJECT TOM DWR —Flood Corridor Program
FROM: CITY OF YUCAIPA
In accordance With the FPCP's regulations for Proposition 13, a maintenance plan for the properties within the Wilson/Oak Glen Creek Drainage area has been prepared. (a) Description of the facilities and properties to be maintained. w W• o W W W W
Within Oak Glen Creek a natural habitat exists consisting principally of undisturbed riparian type vegetation including alluvial fan sage scrub, sycamore woodland, and low growing annual plants and grasses and ruderal vegetation. Sloping areas along the southerly bluff on the property are generally occupied by a mixture of plant communities including alluvial fan sage scrub, and coastal sage. Some of the area has been disturbed by pedestrian and unauthorized vehicle activity that has created a few dirt trails that pass through the subject property.

The existing Pendleton Road crossing will be re -aligned with a future low water crossing replacement project. This Project, along with the appurtenant roadway, will be operated and maintained by the Funding Recipient's Public Works Department, In the future, portions of the properties could be utilized for potential enhanced habitat areas 37 235

•T-11 Imemm
The Funding Recipient will assume responsibility for any maintenance required or the lands to be acquired. These activities will be minimally disturbing and include activities such as pest control, weed abatement, the pickup of trash or debris, and as -needed grading to provide for adequate storm flow conveyance. As the main focus of this land acquisition is to preserve both the natural habitat and flood control values, we anticipate an extremely low level of maintenance will be necessary. Associated maintenance cost for possible off -site mitigation would be funded from the specific project to be mitigated.

Im- IMP IN111 WINES 100411,1111 moor.11"S 111111W � "SIM1111F - I MZM��
WRIP M01 "M IFTOP01111
me- I
The Funding Recipient has for many years included in its annual budget a line item for the maintenance of numerous park/open space and landscaped areas throughout the City. In the current year, this budgeted line item is identified as the "City's Parks -Medians -Detention Basin Maintenance Program — Project No. 10828.

This line item includes twenty-three specific locations in the City. An item was recently added for the maintenance of the recently completed Oak Glen Creek Basins Project, a project constructed approximately 1,500 feet downstream or westerly of the land proposed to be acquired. Another basin maintenance project as well as funding to manage a 4 acre of offsite mitigation area has been added to the program. Land acquired under this grant would be added to this maintenance program under the current Funding Reci pient-a p proved budget to accommodate any required future maintenance,
38 236

0 M K N N-11 Milli M-116911 11111M 0 0
00 a. IN 1"Mr.

As stated above, the Funding Recipient has funds available in the adopted budget identified as the "City's Parks -Medians -Detention Basin Maintenance Program — Project No. 10828 to pay for all maintenance activities for the land proposed to be acquired. The budget with this line item has been approved by the City Council through the annual budget approval process.
(e) Provision reguirin the sponsor to provide annual pictorial reports to the Department each year between July 1 and July 15, describing the maintenance activities performed during the year and any maintenance problems that currently exist.
- MAMA
WIN 10
If there are any additional maintenance measures or repairs deemed necessary by the Department of Water Resources that have not been identified through the Funding Recipient's routine maintenance program, the Funding Recipient assures that the maintenance or repair(s) will be promptly made. 39 237

Exhibit G
REQUITEITIEVIS IEQRLQ��ITITT-41
Groundwater quality and ambient surface water quality monitoring data that inclu chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports, as described in Exhibit F. I
Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website. Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website.

CEDEN website,- hftp-// www.ceden.o[ g.

For each project that collects groundwater level data, Funding Recipient will nee to submit this data to DWR's Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described 1 Exhibit F, Information regarding the WDL and in what format to submit data in c, be found ati h ftp://www.water.ca.gov/waterdatalibrary . i In the near future, DWR's WDL will be replaced by the California Statewide Groundwater Elevation Monitoring program (CASGEM). Once this Program comes online Funding Recipient will then submit groundwater level data to CASGEM.

Information regarding the CASGEM program can be found at:
h ftp://www.water.ca.goy/groundwater/casgem/` .
40 238

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