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Home My WebLink AboutRES NO 014-2022RESOLUTION• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD (GRANTEE) AUTHORIZING THE APPLICATION AND ACCEPTANCE OF GRANT FUNDS FOR NON-TRADITIONAL SECTION 6 BAKERSFIELD HABITAT CONSERVATION PLAN WHEREAS, grant funds are made available annually on a competitive basis by the California Department of Fish and Wildlife for the Section 6 Grant Program; and WHEREAS, the grants are awarded pursuant to guidelines established by the California Department of Fish and Wildlife for determination of project eligibility for funds; and WHEREAS, said procedures established by the California Department of Fish and Wildlife require the Grantee to certify by resolution the approval to apply for, and accept grant funds and provide authorization to enter into an agreement with the California Department of Fish and Wildlife to implement high priority activities related to the Section 6 Grant Program. NOW, THEREFORE, IT IS RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein. 2. This City Council finds that all the facts, findings, and conclusions set forth in the recitals above in this Resolution are true and correct. 3. This City Council hereby approves the filing of an application for local assistance for the above project(s) in the amount of $599,632.00. 4. This City Council hereby appoints the Development Services Department Director 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). 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be published or posted according to law. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FEB 0 2 2022 —, by the following vote: : AYES: COUNCILMEMBER ARIAS, GO ALES, WEIR, SMITH, FREEMAN, GRAY, PAR LIER :�Y" N AYES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER lg�' JoLIE DRIMAKIS,MMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED:/ FEB 0 2 20Z;n By i AAo& KA RIN -G -0 'H Mayor APP7V^ V AS TO FOR A By 1 7 VIRIDIAN GALLARDO- KING Deputy City Attorney S:\BHCP\Staff & Admin Reports\City Council\2022 Grant Reso\City Council Resolution_2022.docx G 19981 C-19 EXHIBITA 0 Endangered Species Act Non -Traditional Section 6 Grant Program FY2019 Habitat Conservation Planning Assistance Project Narrative PROJECT TITLE: BAKERSFIELD HABITAT CONSERVATION PLAN PROJECT COST: Federal Share - $600,000 Non -Federal Share - $200,000 Total Cost - $800,000 NEED: This proposal requests $600,000 in federal grant funds from the Fiscal Year 2019 Cooperative Endangered Species Conservation Fund (Section 6 of the Endangered Species Act) Non -Traditional Habitat Conservation Planning Assistance Program. As shown above in Project Cost, a total of $200,000 Non -Federal Share of "matching funds" will be provided by the applicants. This funding will support the ongoing efforts of the final planning phase of the Bakersfield Habitat Conservation Plan (HCP or Plan) located at the southern end of California's San Joaquin Valley. The joint Plan proposed by the City of Bakersfield (City) and Kern County (County) will allow for reasonable development, growth, and construction and maintenance of needed infrastructure, consistent with approved land use and operations and maintenance plans for City and County projects, while supporting proposed conservation goals in compliance with state and federal regulatory requirements. The proposed Plan Area (Figure 1) covers approximately 2,259,625 acres within both City and County jurisdiction, where implementation and conservation actions are to occur. Approximately 41,300 of those acres within the larger Plan Area are identified for public and private urban development activities, also known as the Urban Development Area (Figure 2). The City and County are currently undergoing long-term planning efforts to support a projected maximum 65% population increase in the Urban Development Area (Figure 2) over the next 30 years (California Department of Finance, 2009), which will result in an increase of urban development activities. The expansion of urban development affects suitable habitat for threatened or endangered, at -risk, and unlisted species. In recognizing these concerns early on, the City and County were granted incidental take permits in 1994 from the U.S. Fish and Wildlife Service (USFWS) (Federal Section 10(a)(1)(13)) and the California Department of Fish and Wildlife (CDFW) (State Section 2081) until August 2014 for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). In 2014, an interim permit from CDFW and consent from USFWS to continue work under the MBHCP was granted until 2019. The City and County have submitted a time extension on the existing permits in order to support completion of a new HCP project. The permit has currently been extended through fall 2021. Since the 2014 extension and interim permit was approved, the USFWS and the CDFW have indicated that developing a new HCP was necessary due to changes within incidental take permit requirements. Notable changes in HCP requirements include 6 A K Page 1 of 20 lei R1*11,11 assessing species -specific biological goals and objectives, monitoring effects of acquired habitat on species viability, and creating an adaptive management plan that the City and County would be responsible for managing in perpetuity. These components were not required in the 1994 incidental take permit for the MBHCP. Therefore, development of a new HCP would support a successful transition from the expiring MBHCP and accommodate new HCP regulatory requirements while allowing compatible growth to continue in the metropolitan area. With over 20 years of experience in operating the MBHCP, the City and County have the necessary knowledge, experience, and development of relationships with USFWS and CDFW to effectively implement a new HCP. Additionally, over 22,000 acres of habitat acquired under the MBHCP will complement the future conservation objectives planned for the new HCP, which benefits the shared goal of permanently preserving acquired habitat land for threatened and endangered species. Much progress has occurred on the new HCP effort to -date, including completion of phases for preliminary research through delivering administrative draft chapters of the Plan for review to the USFWS and the CDFW. Previously awarded Section 6 Nontraditional HCP Grants from the USFWS have supported all of the new HCP planning efforts. Progress under each phase is shown in Table A. The City and County request this grant in order to complete the final phase of the new HCP project, which is to expire under the current Section 6 Nontraditional HCP Grant on January 31, 2021. The current grant request will serve as a bridge to complete the remaining work started under the FY1 4 grant as well as a new task intended to cover the completion of early implementation documents. Table A below details the Section 6 Non -Traditional HCP grant history timeline associated with development of the BHCP, identified by Phases 1, 2, and 3, and their respective associated tasks. The following summarizes details of the project as described above: • The BHCP proposes to cover approximately 2,259,625 acres within both City and County jurisdiction, where implementation and conservation actions are to occur. • Since 1994, the City and County have successfully operated a habitat conservation plan (MBHCP) with ITP permits from the USFWS and CDFW for special status species. • Prior to the MBHCP permit expiration: • The USFWS and CDFW require new incidental take permits in compliance with updated laws and regulations regarding special status species. • In 2014, an extension and interim permit was granted for the MBHCP to develop a new HCP (the BHCP). • Extensive progress has occurred in development of the new BHCP despite unavoidable delays from USFWS and CDFW processes (see Table A). Page 2 of 20 Z, Tx K S/?'911 r§ G 1998104 OBJECTIVES: Approval of this grant for $600,000 will fund the ongoing work to finalize the HCP document, completion of NEPA and CEQA compliance (EIS and EIR documents), allow the City to support the USFWS and CDFW in the completion of the federal and state incidental take permitting process, and preparation of necessary implementation documents to ensure the success of the BHCP. As shown above under the Project Cost section, a total of $200,000 Non -Federal Share of "matching funds" will be provided by the applicants. The current funding allocations (Phase 1 — Phase 3) were originally expected to support completion of this HCP under the federal Section 6 Non -Traditional Habitat Conservation Planning Assistance Program funding opportunity within a reasonable timeframe. However, as demonstrated in Table A, there have been project delays in Phases 2 and 3 related to funding processes within CDFW and USFW. Staff anticipates that this will be the final grant request, provided there are no further delays in processing the Grant requests. It is expected that Tasks 1 through 4, as shown in Table B, will be accomplished within the given timeframe of this grant. Task 1. Completion of HCP Task 1.1 — Public Draft HCP Task 1.2 — Complete Final HCP Task 2. Completion of EIR/EIS Task 2.1 — Conduct CEQA/NEPA Scoping Task 2.2 — Complete 1st Admin Draft EIR/EIS Task 2.3 — Complete 2nd Admin Draft EIR/EIS Task 2.4 — Complete Public Draft EIR/EIS Task 2.5 — Complete Final EIR/EIS Task 3. Completion of Permits and Ordinances Task 3.1 — Support Approval of Local Ordinances Task 3.2 — Stakeholder Outreach and Support Task 4. Completion of Early Implementation Documents EXPECTED RESULTS OR BENEFITS: The proposed HCP will contribute to species conservation by encompassing suitable land -cover types within the Plan Area that will conserve occupied and potential habitat for up to nine listed or at -risk species (Table C). Additionally, HCP objectives have been drafted to support acquiring land within the Urban Development Area that have special conservation value, as urban areas are occupied by the San Joaquin kit fox and the Western Burrowing owl as foraging, denning, and nesting areas. These urban habitat areas may be providing relative isolation from natural predators, and may provide future opportunities to supplement genetic exchange with populations outside of the urban environments. The HCP will examine the opportunities for movement between covered species populations by identifying movement corridors and creating possible linkages to existing HCP and other local conservation efforts. The HCP will act to mitigate (compensate) habitat affected by expansion of urban development and minimize the take of special -status species that are within the urban environment. The monitoring and adaptive management plan in the HCP will provide Page 3 of 20 G 1998104 valuable information on the effectiveness of mitigation efforts on behalf of the special - status species, and the adaptive management program will be designed to adjust the HCP to accommodate species and habitat conservation efforts. SPECIES BENEFITS: The HCP will implement specific conservation actions for all proposed covered species as identified in Table C below and described in the HCP's management and monitoring plan. The Plan Area includes a major population area for the Bakersfield cactus and a unique urban population of the San Joaquin kit fox, with a large number of recorded den sites within the Urban Development Area. There are overall conservation benefits to nine special -status species, 6 federally listed species and 3 at - risk species, identified in Table D. To further illustrate the ecological value of the HCP Permit Area, more detailed information on one important habitat type and multiple species is provided below: Major Conservation Benefit to Upland Species of the San Joaquin Valley: The USFWS's 1998 Recovery Plan for Upland Species of the San Joaquin Valley, California (Recovery Plan) outlines a recovery strategy for the special -status species included in the MBHCP and references specific sections of the proposed HCP Plan Area that are vital in terms of habitat conservation for multiple species. It categorizes Bakersfield cactus, San Joaquin kit fox, Tipton's kangaroo rat, and the Buena Vista Lake Shrew as species with critical needs for conservation action, each of which will have specific conservation measures outlined within this HCP. The Recovery Plan's objectives include de -listing the Bakersfield cactus, California jewel flower, San Joaquin woolly -threads, blunt -nosed leopard lizard, San Joaquin kit fox, and Tipton kangaroo rat; with long-term conservation described in the Recovery Plan as the objective for the San Joaquin antelope squirrel and the Buena Vista Lake shrew. For delisting and long-term conservation efforts, the Recovery Plan has identified the San Joaquin kit fox as an "umbrella" species (broad distribution and requirement for relatively large areas of habitat mean conservation of the kit fox will provide an "umbrella" of protection for many other species that require less habitat). The Recovery Plan has also identified the Tipton kangaroo rat as a keystone species because it confers ecosystem benefits, including being the favorite prey of San Joaquin kit fox, enriching the soil with nitrogen, dispersing seeds of San Joaquin woolly - threads, and creating burrows that are used by blunt -nosed leopard lizards and San Joaquin antelope squirrels. The HCP will identify areas to be considered for the conservation objectives of the San Joaquin kit fox and the Tipton kangaroo rat, which in turn will benefit other identified upland special -status species. As an umbrella species in the San Joaquin Valley, the San Joaquin kit fox is the primary driver for the development of this HCP. The San Joaquin kit fox occurs in two different settings within the Permit Area. The first group occurs in isolated upland areas on the east and west side of the Permit Area. The second group occurs in the urban environment where significant numbers of dens have been mapped by the Endangered Species Recovery Program (ESRP) and the MBHCP (818 have been reported in the permit area since 1994). ESRP estimates that 200 — 400 SJKF reside in the Urban Development Area and that this urban population provides unique opportunities to help conserve and recover the species in the larger landscape. Corridors of movement and the potential for genetic Page 4 of 20 90[30NAL' �-M interchange exist for SJKF between the settings along existing easements and open space within the Urban Development Area. Non -urban populations of SJKF will benefit from efforts to acquire habitat and expand existing preserve areas surrounding the Urban Development Area into larger, contiguous blocks of habitat for the SJKF. Over 18,466 acres of habitat have been preserved during implementation of the existing MBHCP since 1994 and additional habitat will be preserved with the new HCP. Additionally, the new HCP will identify new opportunities for habitat preservation within the Permit Area. Monitoring habitat and SJKF populations in the new HCP will provide valuable information on the success of conservation efforts. Urban populations will have a benefit from a continued den mapping effort, and it is expected that the new HCP will include public education and outreach efforts to foster co -existence and improve take avoidance of SJKF within the Urban Development Area. Public Benefits: The public may benefit from HCP land acquisitions because these sites will be adjacent to already conserved land. The HCP provides comprehensive approach with public benefits including carbon sequestration, enhanced water quality, protection of view sheds, biodiversity conservation, and protection of pollinator habitat which benefits surrounding farming communities. Passive recreation that is conductive to sensitive resources may also be permitted, where consistent with the Plan. The HCP will benefit the public by providing a predictable and informed approach for addressing compliance with state and federal endangered species laws and regulatory requirements, provide species mitigation for urban development and conservation activities within the Plan Area, and provide open space benefits and a take avoidance and minimization plan within the urban areas. Development of a coordinated Bakersfield HCP with surrounding HCPs will afford a conservation strategy for covered species in western Kern County to address recovery needs, as well as expedite the permit process and provide for cost and mitigation assurances. In addition, the HCP would enable development interests, school districts and universities within the plan area to participate instead of preparing individual HCPs or state permit applications for their development projects, and in a much shorter time frame and at a lower cost than is required for individual permits. The benefits of the HCP would extend to covered City and County private projects and operation and maintenance activities, benefiting the County and City by expediting the permitting process. By removing the need for individual take permits, the proposed HCP and associated take permits will have the added benefit of freeing up time and resources for affected Wildlife Agencies. Table D shows the species common and scientific names, status of federal, state, and other special listing, and notes regarding location as identified from preliminary research in Phases 1 and 2 of this project. For more specific information regarding each proposed species, please see Attachment A "Species Accounts". APPROACH: For the final phase of the BHCP (Phase 4), the City and County will complete the elements needed for the HCP document, provide technical support to during the approval process for local ordinances and Federal and State Incidental Take Permits, prepare the California Environmental Quality Act (CEQA) Environmental Impact Report and associated National Environmental Policy Act (NEPA) Environmental Impact Page 5 of 20 Statement, and create implementation documents and guidelines, following receipt of incidental take permits and approvals of local ordinances. This $600,000 grant will fund the successive tasks to implement and advance the completion of this project as described in detail below (Task details in Objectives Table B above). As shown above in Project Cost, a total of $200,000 Non -Federal Share of "matching funds" will be provided by the applicants. Phase 4 will involve public, stakeholder as well as wildlife agency feedback on the final draft HCP, EIS and EIR documents, and management and monitoring plan as part of the implementation documents. For each objective, tasks were broken down to describe specific procedures necessary to complete the HCP, EIS and EIR, and necessary implementation documents. No equipment (i.e. heavy equipment) will be used in drafting the HCP, EIS and EIR, and necessary implementation documents. Task 1. Completion of HCP (July 2021 — August 2021) • Task 1.2 — Public Draft HCP • Task 1.3 — Complete Final HCP Funds under this task would be used to make final changes to the HCP following NEPA and CEQA analysis and public comment. Invariably, comments on the HCP are received during public comment periods, even though the purpose of the comment period is to focus on the NEPA and CEQA analysis. Some changes may be warranted and this funding would cover those changes. Funding from Task I in the FY 2014 grant (as amended) will allow the City and County to complete the 1 st Administrative Draft HCP and prepare the draft Public Draft HCP, in preparation for public release of the HCP and EIS. Funds from this Phase 4 grant request would allow the City and County to finalize the public draft and prepare the Final HCP, following the NEPA/CEQA process. Task 2. Completion of EIR/EIS (May 2020 —August 2021) • Task 2.2 —Complete 1stAdmin Draft EIR/EIS • Task 2.3 — Complete 2nd Admin Draft EIR/EIS • Task 2.4 — Complete Public Draft EIR/EIS • Task 2.5 — Complete Final EIR/EIS Public scoping was conducted for the NEPA and CEQA process during Phase 3, using FY 2014 grant monies. Funding under Tasks 2.2 — 2.4 will allow for the preparation of the first and second administrative draft (if needed) of the EIS and EIR and the creation of a public draft EIS and EIR. Due to Secretarial Order 3355, the City and County will prepare a separate EIR to fulfill environmental review under CEQA. The USFWS will prepare the NEPA document. Funding from these subtasks will be utilized for both of those environmental review processes. After public review and comment period and incorporation of appropriate public comments in the EIS and EIR, a final EIS and EIR will be prepared (Task 2.5). Funding from the FY 2014 grant will allow the City and County to complete early NEPA/CEQA planning work, but work under that grant will not include completion of draft EIS or EIR documents. Page 6 of 20 (_ORGHNAL c� Task 3. Completion of Permits and Ordinances. (August 2021 — January 2022) • Task 3.1 — Support Approval of Local Ordinances • Task 3.3 — Support Completion of USFWS/ CDFW permits • Task 3.4 — Stakeholder Outreach and Support Once a final EIS and EIR is prepared, this task will include local agency adoption of the document through ordinances to make the necessary findings needed to receive approval of the incidental take permits. This process will also include assisting the permittees in post -permitting implementation and development of guidance documents to support the successful creation of the HCP. This task differs from Task 3 in the FY 2014 grant because Task 3.1 and 3.2 will only occur after the NEPA and CEQA processes is complete, while the USFWS and CDFW are preparing permits. Task 3.4 would pay for any remaining stakeholder outreach needed following the expiration of the FY 2014 grant in January 2021. • Task 4. Completion of Early Implementation Documents. (January 2022 — March 2022) Once local agencies have approved the ordinances and received ITP permits, this task will include development of documents necessary for post -permitting implementation to support the successful foundation of the BHCP. This task includes developing the follow items: Complete transition from current Metropolitan Bakersfield HCP to the BHCP; Complete HCP guidebook for Implementation Entity and Permit Benefit Recipients; Complete development of covered activity database; Develop Geobrowser and templates and procedures for: annual reports, grazing leases, habitat management plan, monitoring program; and provide implementation and HCP-related policy training to City and County staff. TIMELINE: In order to develop a timeline for the remaining tasks associated with this project, assumptions were made based on the typical award timeframe for this grant program. We assumed that award letters for the FY1 9 grant program would be given in late spring/early summer 2020; therefore, this is when the project would begin work. It was also assumed that the FY1 9 award would be given through 2022, with final reporting to federal agency to occur January 2023. More notably the timeline assumes that permit issuance would occur in fall 2021. With these assumptions in mind, the attached timeline (Figure 3) outlines the specific start times for each Objective and associated task in the Approach section. INITIATION OR COMPLETION OF A HABITAT CONSERVATION PLAN: Funding requested for these tasks will be instrumental in finalizing the planning process for the BHCP. DATA MANAGEMENT AND SHARING: - The BHCP Implementation Entity will be responsible for the management and sharing of data in compliance with the ITP permits Page 7 of 20 and proposed HCP. To track compliance, the Implementing Entity will maintain data as specified below. • The amount of modeled habitat for covered species temporarily and permanently affected by covered activities will be tracked by the Implementing Entity regularly, but no less than annually, by overlaying impacts that year (and cumulatively) with each species model in a GIS exercise to ensure that impact caps are not exceeded. • Modeled habitat impacts and modeled habitat acquisition requirements will be tracked according to the most recently developed land cover maps and habitat models. • Implementation of the species surveys described in this chapter and the remaining conservation strategy will be directed by the most current land cover maps and habitat models, as updated and maintained by the Implementing Entity throughout the permit term. • The location, extent, and timing of land acquisition and conservation area establishment according to the requirements in the HCP. • The status of implementation of each conservation action listed in the HCP. • The success of the conservation actions in meeting the biological objectives in the HCP. • The location, extent, and timing of impacts on land cover types and plant occurrences by year and cumulative total, based on reports submitted by the project proponents and Permittees for take authority under the HCP. • The location and extent of annual and cumulative compliance with the species' occupancy requirements. • The location, extent, timing, and progress of plant occurrence protection. • The location, extent, timing, and success rates of implementation of all other conservation actions described in Chapter 5 (e.g., preparation of management plans, management activities, conducting monitoring). The Wildlife Agencies may also request other information from the Implementing Entity to verify compliance with the Plan and the Wildlife Agencies' decision documents (e.g., CEQA and National Environmental Policy Act [NEPA] mitigation measures, impacts on Azenum "'(DN RIGIAL"" G1998104 critical habitat units). Appropriate supporting information includes the categories listed below. • Application material submitted for covered activities. • Preconstruction survey reports. • Reports and other documentation related to the screening, selection, and acquisition of conservation lands. • Designs for covered activities that demonstrate compliance with relevant avoidance and minimization measures in this chapter. Compliance tracking will support the monitoring and adaptive management program described in the HCP. In addition to compliance tracking, the monitoring program includes the items below. • Effectiveness monitoring. • Status and trends monitoring. • Directed studies aimed at addressing key management or ecological questions. The data tracking system will be developed to assemble, store, and analyze all monitoring data in the program. The details of the monitoring program will not be developed until management plans are prepared for each conservation unit. By necessity, therefore, the data tracking system for the monitoring and adaptive management program cannot be finalized until after this HCP is completed. DESCRIPTION OF ENTITIES UNDERTAKING THE PROJECT: For the final phase of the HCP, the City and County will rely on the assistance from federal and state Wildlife Agencies, potential permit benefit recipients, members of the public, scientific advisors, and subcontractors. The City of Bakersfield is the lead agency preparing the Plan, dedicating staff time and resources necessary to ensure the new HCP progresses in coordination with the County. Table E below lists all of the agencies, individuals, and entities who have/will participate in the project. Although not required for an HCP-only, a scientific advisory meeting was held at the end of Phase 2 on October 21, 2016. In this meeting, a discussion occurred regarding species impacts focusing on mitigation and conservation strategies for each species identified in the HCP. In addition to the Scientific Advisory members both USFWS and CDFW attended this meeting. Public outreach has occurred to stakeholders throughout each phase of the HCP. During Phase 4, the City will continue to hold public outreach meetings notified in the newspaper regarding project updates and progress. These meetings will be coordinated with the County and Wildlife Agencies (as necessary) and will be scheduled separately from public meetings required for the NEPA and CEQA process. In addition, a public website was launched during the current phase of the HCP, which provides up-to-date information to Page 9 of 20 G 1998104 the public on the HCP in order to promote transparency in the processing of this project (tqL.,//www.bakersfieldhcp.us). LOCATION: The proposed Plan Area (Figure 1) covers approximately 2,259,625 acres within both City and County jurisdiction, where implementation and conservation actions are to occur within the southern end of California's San Joaquin Valley. Approximately 41,300 of those acres within the larger Plan Area are identified for public and private urban development activities, also known as the Urban Development Area (Figure 2). The BHCP proposes coverage for nine listed and non -listed species (Table D), six wildlife species and three plant species, within the Plan Area. These nine covered species are expected to be named on the ESA permit; the CESA permit will cover the six covered species that are state listed. The nine covered species were identified based on an initial assessment of the effects of covered activities and conservation measures on the 186 species that are listed or could become listed during the permit term in the Plan Area, which occurred during Phases 1 and 2 of the project. The USFWS has estimated that 96% of the native habitats that comprised the San Joaquin valley floor have been lost, primarily to agriculture -conversion and urbanization. Currently, it is estimated that the Urban Development Area consists of 32% urban lands, 19% natural habitat, and 49% open lands (Figure 2). Open lands are lands that are defined as having been disturbed from their natural state and this includes lands converted for irrigated agriculture use; however, these lands still have value as habitat land for species that have adapted to existence in open lands. A mosaic of habitat types continues to exist within the Urban Development Area, including Riparian habitat / Valley freshwater marsh along the Kern River corridor and a contiguous band of Valley foothill grassland that remains in the eastern portion of the potential permit area. Valley sacaton grassland, Valley sink scrub brush, Valley chenopod scrub brush, Valley alluvial fan saltbrush scrub, and alkali sink communities are still present in the western portion of the Metropolitan Bakersfield General Plan area. The urban lands have been utilized for denning and food scavenging by the San Joaquin kit fox. Major watercourses within the County are the Kern River, Paso Creek, Friant-Kern Canal, and the California Aqueduct. The western slopes of the Sierra Nevada are the source of the headwaters for the Kern River, which flows through the Plan Area and Urban Development Area (Figures 1 and 2). Historically, the Kern River perennially flooded the San Joaquin Valley floor and formed large, temporary, shallow inland lakes. Since 1954, the flooding has been controlled by the creation of Lake Isabella in the Sierra, and the controlled waters of the Kern River have predominantly been used for agriculture. The historic lake bottoms are now used for irrigated agriculture production and the Metropolitan Bakersfield HCP area is located within the valley floor area where flooding previously occurred. MAPS/PHOTOGRAPHS: The attached maps required for this application submittal are noted and referenced below: 0 Plan Area (Figure 1) and Urban Development Area (Figure 2) K > Page 10 of 20 9()RONN G1998104 0 Species Accounts (Attachment A) BUDGET NARRATIVE: Expenses related to Phase 4 of the project are described below in detail for all operating costs (external contracts with subcontractor, see Table E). Funding for these tasks is crucial to complete the work on the final phase of the HCP. Tasks 1-3 are largely continuations of the corresponding tasks from the FY14 grant tasks. The differences between what was funded under Phase 3 (FY 2014 Grant) and what is funded under this grant are outlined in Table A and Table B. Work will continue on the FY14 grant until its expected expiration in January 2021. Task 4 is a new task for this FY 2019 grant request. External Contracts: Task I — Completion of HCP - up to $50,000 Funds under this task would be used to make final changes to the HCP following NEPA and CEQA analysis and public comment. Invariably, comments are received during public comment periods on the HCP, even though the purpose of the comment period is to focus on the NEPA and CEQA analysis. Some changes may be warranted and this funding would cover those changes. This task differs from Task 1 in the FY 2014 grant because it would only pay for any remaining work needed to complete the task following the expiration of the FY 2014 grant in January 2020. This remaining work would be paid by the FY 2019, leaving remaining unexpended funds in the FY 2014 grant. The total funds spent on this task by both the FY 2014 and FY 2019 grants would equal the original budget amount for this task as given in the FY 2014 grant. Task 1 in this FY19 proposal will only be expended to the amount that was unspent from the FY14 grant. Task 2 — Completion of EIR/EIS — up to $400,000 Due to recent changes at the federal level, NEPA documents need to be completed within a 12-month timeframe. That timeframe is measured from public scoping to record of decision. In the previous FY14 grant, it was proposed to complete a joint EIS/EIR to meet the needs of NEPA and CEQA. Traditionally this is how NEPA and CEQA compliance is handled for HCPs. However, due to the time constraints on the NEPA process it is now recommended that the NEPA and CEQA processes are separated, so that the CEQA process is not tied to the NEPA timeline. Separating the documents does require additional funds above what had been previously awarded, as two documents are being prepared, efficiencies in the process are still possible and all efficiencies will be sought. Separating these into two documents would increase the total cost of NEPA and CEQA compliance, which in part justifies the additional funding request. Therefore, Task 2 expenses from this proposal may be incurred to a maximum of $100,000 in addition to any unexpended funds from FY14 Task 2. Since NEPA and CEQA will not be able to begin in earnest until after January 2020, due to the new timing constraints, the City's current Section 6 grant will be unavailable for use during that process. So funds requested here would fully fund the preparation of an EIS under NEPA and EIR under CEQA, form public scoping through record of decision. 1 ,6�, Page 11 of 20 Task 3 — Completion of Permits and Ordinances — up to $50,000 Funding under this task will be used to allow the City's contractor to help the City work through local approvals, allow the City's contractor to attend meetings with local decision -makers, as needed, and support allow the contractor to coordinate with the USFWS and CDFW during their permit issuance process, as needed. It can be beneficial to the USFWS and CDFW to have access to the contractor that prepared the HCP to answer questions or provide clarity during the permit approval process. Task 3 in this FY19 proposal will only be expended to the amount that was unspent from the FY14 grant. Task 4 — Completion of Early Implementation Documents - $100,000 This is a new task for this planning effort. The City has identified some tasks that would help transition from the Metropolitan Bakersfield HCP to the Bakersfield HCP. Implementation of the HCP will be more involved than is current practice and the City will need to create some policies and processes to handle implementation of the new HCP. Examples of early implementation tasks include, but are not limited to: • Creation of an HCP User's Guide • Creation of an Administrator's Guide/Desk Reference Manual • Creation of a Covered Activity Database • Creation of a Geobrowser for Public Use during the permitting process • HCP Implementation Training (staff/consultant/developer) • Development of templates and procedures There will need to be many new documents created to facilitate implementation of the HCP. Templates of those documents can be created early in order to ease the transition into implementation. • Annual report template • Grazing lease selection criteria and process • Grazing lease template • Habitat management plan • Monitoring program templates Useful Life: This project does not include any capital improvements. Program Income: This project will not generate any Program Income revenue. Match Description: In -kind contributions will be provided by the City in the amount of $200,000 (or 25% match) of the total cost of $600,000 for this request. In -kind contributions will also be provided by those identified in Table E to assist in completion of tasks described below for this project. SECRETARIAL PRIORITIES: Public benefits include carbon sequestration, enhanced water quality, protection of viewsheds, biodiversity conservation, and protection of pollinator habitat which benefits surrounding farming communities. Passive recreation Page 12 of 20 K 1� G 1998104 that is conducive to sensitive resources may also be permitted by CDFW in coordination with the U.S. Fish and Wildlife Service (Service), where consistent with the conservation needs of species identified in this project narrative and in the BHCP INDIRECT COST STATEMENT: CDFW is a U.S. State government entity receiving more than $35 million in direct Federal funding each year. The indirect cost rate proposals are submitted to the U.S. Department of the Interior. Currently, the approved FY18/19 rate is 27.20%. The FY19/20 rate proposal will be submitted for approval and is subject to change. SINGLE AUDIT REPORTING STATEMENT: CDFW submitted a Single Audit Report to the California Department of Finance (DOF) for the most recently closed Fiscal Year. DOF compiles and submits a single Audit Report on behalf of the State of California. The report (#719482) is available on the DOF website, located here: WF*TM- 1111flI11111111111 ---- ----- ....... . - - - - - ------------ - tqL-RqP OVERLAP OR DUPLICATION OF EFFORT STATEMENT: As mentioned above, Tasks 1-3 are continuations of FY 2014 grant tasks, however there is no duplication of efforts. All tasks proposed for this grant would support new work performed on those tasks to complete the Bakersfield Habitat Conservation Plan. The details of what the FY 2014 grant supports and what this grant would support, if awarded, are described in the project narrative above. Table A below details the Section 6 Non - Traditional HCP grant history timeline associated with development of the BHCP, identified by Phases 1, 2, and 3, and their respective associated tasks. CONFLICT OF INTEREST DISCLOSURE: There are no conflicts of interest in this proposal. COMPLIANCE: Conservation measures proposed to be implemented for the BHCP that avoid or minimize take (harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect) of federally listed species will be developed in the HCP document. With this grant, the City and County will work with the USFWS and CDFW through the NEPA and CEQA process in order to identify specific mitigation measures to avoid or minimize take for the listed species identified in Table D. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA): No impacts anticipated NATIONAL HISTORIC PRESERVATION ACT (NHPA): No impacts anticipated BALD AND GOLDEN EAGLE PROTECTION ACT: No impacts anticipated Page 13 of 20 Z5C '�R�GNAL G 1998104 LETTERS OF COMMITMENT: Please see Attachment B, required letter from the City of Bakersfield stating intent to provide a match source of 25% for Phase 4 of the project. PREPARED BY: Kassandra Gale, BHCP Project Manager PROJECT CONTACTS: California Department of Fish & Wildlife Contact: Abimael Leon (559)243-4014 ext.251 Abimael.Leon@wildlife.ca.gov U.S. Fish & Wildlife Service Contact: Justin Sloan (559) 221-1828 justin—sloan@fws.gov Local Contact: Kassandra Gale City of Bakersfield (661) 326-3411 kgale@bakersfieldcity.us WA�M TABLE A. Bakersfield Habitat Conservation Plan — Section 6 Non-traditional Timeline UneXpended 4)' TOOds1ro Oe Phase 1— COMPLETE Task 1: Determine the HCP study area, the $3,049.09 E-35-HP-7 covered species, the covered activities and the Amount: $577,000 Stakeholders. Term: Nov 1, 2011 — Oct 31, 2014 Task 2: Assemble existing information/ data on habitats and covered species and determine data gaps to be addressed in future HCP preparation. Task 3: Gather data, map land -cover to determine presence of covered species, determine potential habitat availability and quality. Task 4: Determine feasibility of preparing a joint NCCP/HCP. If determined to be feasible, initiate a Planning Agreement. Phase 2 — COMPLETE Task 1: Resource assessment for covered species $61,270.36 identified in Phase 1 where assessments are Page 14 of 20 G 1998104 F12AP01231 incomplete and research is necessary to inform and validate potential mitigation strategies. Amount: $945,000 Term: Nov 1, 2012 — Oct 31, 2016 Task 2: Complete the detailed species and habitat -specific analysis, or Ecological Baseline Report, begun in Phase 1, which will be used to inform the development of the target levels of conservation. Task 3: Verify data through additional field assessments and facilitate peer review at the Scientific Advisory Committee level and with state and federal agencies as appropriate, and revise and finalize draft Ecological Baseline Report accordingly. Task 4: Initiate the HCP and potential NCCP documentation, Federal and State Incidental Take permits and the California Environmental Impact Report and associated NEPA Environmental Impact Statements. Phase 3 — PENDING — GRANT EXPIRES Task 1: Complete 111 Administrative Draft HCP. $340,133.75 JANUARY 31, 2021 Task 2: Early CEQA and NEPA tasks, including F14AP00948 publishing of the NOI and NOP and conducting Amount: $957,028 public scoping. Term: Feb 1, 2015 —Jon 31, 2021 Task 3: Continued public stakeholder outreach and support under Task 3.4. Drafting and submittal of California Endangered Species Act permit application. TABLE B. Bakersfield Habitat Conservation Plan — Section 6 Non-traditional Objective ty Task 1. Complete Final HCP Document. Funds under this task will be used to make final 1. Complete Final HCP 1. July -August 2021 changes to the HCP following NEPA and CEQA Document analysis and public comment. Task 2. Complete EIS and EIR Documents. Prepare the V and 2 nd administrative draft (if 1. Complete V and 2 nd (if 1. May - December needed) EIS and EIR and the creation of a public necessary) EIS and EIR 2020 draft EIS and EIR. Due to Secretarial Order 2. Complete public draft EIS 3355, draft document and timing constraints and EIR 2. December 2020 — will require separate documents. After public 3. Complete final EIS and EIR July 2021 review and comment period, incorporation of 3. July -August 2021 Page 15 of 20 U NN appropriate public comments in the EIS and EIR, a final EIS and EIR will be prepared. Task 3. Complete Incidental Take Permitting Process. 1. Complete local agency 1. August 2021 — Once a final EIS and EIR is prepared, this task adoption of HCP, EIS and January 2022 will include local agency adoption of document EIR documents through ordinances to make necessary findings needed to receive approval of the incidental take permits. Task 4. Complete Early Implementation Process. 1. Complete implementation 1. January - March Once local agencies have approved ordinances documents and databases 2022 and ITP permits, this task will include 2. Complete management and development of documents necessary for monitoring plan 2. January - March implementation to support the successful 2022 foundation of the BHCP. I TABLE C. Bakersfield Habitat Conservation Plan — Section 6 Non-traditional Expected Results or Benefits COO Blunt -nosed leopard Preservation and Low The Permit Area lizard management of known contains 45% of the Gambelia silus occurrences of BNLL species range, but less east of Bakersfield, an than 10% of the species area important for range will be protected north -south due to limited impacts connectivity within the from covered activities. species range. Alkali mariposa lily Preservation and Low Only 2 of 104 Calochortus striatus management of existing occurrences are located occurrences and in the Plan Area, so the acquisition of habitat HCP will cover only a where new occurrences very small portion of could be discovered. the species range -wide habitat. However, this highly disjunctive occurrence may represent a population with a unique subset of the species' genetic diversity. San Joaquin woolly Preservation and Low The HCP would cover threads management of existing only a small portion of Lembertia congonii occurrences and the species range -wide acquisition of habitat habitat (14 of 94 occurrences are located Page 16 of 20 d '_'ORKANAL' G1998104 TABLE C. Bakersfield Habitat Conservation Plan — Section 6 Non-traditional Expected Results or Benefits duiS' /7 _4 where new occurrences in the Plan Area, six of could be discovered. which are extirpated and two of which are on public lands.) Bakersfield cactus Preservation and High The HCP Plan Area Opuntia treleasei management of existing includes over 80% of occurrences and the species range. The acquisition of lands HCP will protect 22 of where new populations 36 occurrences are can be propagated, located in the Plan building on past Area. research efforts that have been very successful at aiding in the recovery of the endemic species. Burrowing owl Athene Preservation and Low Conservation will occur cunicularia management of in an area that contains suitable nest sites and 3% of the species WHR foraging habitat. range. All conservation acquisitions under the HCP will occur in burrowing owl habitat, as it is a rare, but widely distributed species. San Joaquin kit fox Preservation of High This HCP covers the Vulpes macrods mutica movement corridors Metro Bakersfield north -south and east- General Plan Area, west through the study which supports the area, including highest density of San connectivity between Joaquin kit fox in the the urban Bakersfield state, and the third population and largest population populations that persist within the range of the outside of city species. Avoidance of boundaries. direct impacts in this Standardized avoidance area and preservation measures for urban of kit fox habitat in Bakersfield population, western Kern County is including public pivotal to the recovery education regarding of the species and is the interactions with listed primary driver for this HCP. Page 17 of 20 G 1998104 TABLE C. Bakersfield Habitat Conservation Plan — Section 6 Non-traditional Expected Results or Benefits A*** 40,10", t4loOw, . . . . . . . . . . ", ................ species in an urban setting. Buena Vista Lake shrew Preservation and Medium Currently there are less Sorex ornatus refictus management of known than ten known populations, including populations within the consistent management Plan Area. Conservation and monitoring of efforts will be critical to occupied locations to maintaining the species ensure long-term in the plan area. population viability. Tipton kangaroo rat Preservation and Low Conservation will occur Dipodomys nitratoides management of known in an area on the edge populations in larger, of species range that more contiguous could be important for habitat blocks, genetic diversity in the including critical population. locations on the west side of Bakersfield along the 1-5 corridor. San Joaquin antelope Preservation and Medium Conservation will occur squirrel management of known through protection of Ammospermophilus populations in larger, major population and in nelsoni more contiguous an area that could be habitat blocks, important for genetic including critical diversity in the locations on the west population. side of Bakersfield along the 1-5 corriclo. Table D. Bakersfield Habitat Conservation Plan — Species Proposed for Coverage — Fed/State Status Status' State/ Species (common and scientific name) CNPS Federal Notes SE, FP FE Known to occur in limited locations in the study area Blunt -nosed leopard lizard Gambelia silus (California Department of Fish and Wildlife 2018). Birds Burrowing owl CSC MBTA Known to occur in the study area (California Athene cunicularia Department of Fish and Wildlife 2018); could become state listed during permit term. Species is protected under MBTA; take of individuals is not allowed. Page 18 of 20 Table D. Bakersfield Habitat Conservation Plan — Species Proposed for Coverage — Fed/State Status Status' Species State/ (common and scientific name) CLAPS Federal Notes CSC FE Records from western Kern River channel (California Buena Vista Lake shrew Sorex ornatus relictus Department of Fish and Wildlife 2018). San Joaquin antelope squirrel ST — Species occurs in the study area, but impacts will be Ammospermophilus nelsoni limited. Tipton kangaroo rat SE FE Known to occur in multiple locations in the study area Dipodomys nitratoides (California Department of Fish and Wildlife 2018). San Joaquin kit fox ST FE Known to occur in multiple locations in the study area Vuipes macrotis mutica (California Department of Fish and Wildlife 2018). There is a significant urban population of this species in the City of Bakersfield. Two extant occurrences in the study area (California Alkali mariposa -lily —/IB Calochortus striatus Department of Fish and Wildlife 2018). San Joaquin woollythreads —/IB FE Eight extant occurrences in the study area (California Monolopia [Lembertial congdonii Department of Fish and Wildlife 2018). Bakersfield cactus SE/IB FE Known to occur throughout the study area (California Opuntia treleasei Department of Fish and Wildlife 2018). Source: California Department of Fish and Wildlife. 2018. California Natural Diversity Database, RareFind 4. [Kern County]. Available: <http://www.dfg.ca.gov/biogeodata/cnddb/mapsanddata.asp>. Accessed: [March 2018]. a Status State FP = fully protected. SE = state listed as endangered. ST = State listed as threatened. CSC = California special concern species (January 2011 list). — = no state status. Federal MBTA = Migratory Bird Treaty Act. FE = federally endangered. — = no federal status. California Native Plant Society (CLAPS) Rank 1B = rare or endangered in California and elsewhere. Page 19 of 20 30RiCANAL G1998104 TABLE E. BAKERSFIELD HABITAT CONSERVATION PLAN — Entity Roles and Contribution k 0 /,/J 4, City of Bakersfield Permittee; Leady Agency In -kind contribution adopting the HCP and related EISIEIR documents County of Kern Permittee; Leady Agency In -kind contribution adopting the HCP and related EISIEIR documents ICF Subcontractor; Preparation of ICF will have contributed 9,963 draft HCP and NEPAICEQA hours of combined staff time documents ($1,565,975) to prepare documents for all phases of this HCP. ICF has also provided policy, technical and other staff support in development of the HCP. Public and Local Permit benefit recipient and In -kind contribution Landowners/Developers/Builders Potential habitat and corridor areas; Provided feedback in response to public outreach meetings School Districts (15) Potential permit benefit recipient; In -kind contribution Provided feedback in response to public outreach meetings Bakersfield College Potential permit benefit recipient; In -kind contribution Provided feedback in response to public outreach meetings Cal State University, Bakersfield Potential permit benefit recipient; In -kind contribution Provided feedback in response to public outreach meetings Randi McCormick, McCormick Scientific Advisors; Provided in -kind contribution Biology technical support in development Ellen Cypher, Endangered Species of the HCP related to species and Recovery Program (Retired) mitigation strategies Brian Cypher, Endangered Species Recovery Program Larry Saslow, Endangered Species Recovery Program Greg Warrick, Center for Natural Lands Management Page 20 of 20 c CL c 0 cu CD U) c 0 0 4— cn L- a) le cu m 3k ll/k 011 U . .. . .... -wv /ri wk v RNM A alm, 14/1 YfO A-We"i E / '4// ar o EL >P -442 z o ,2e 0 Z 'foe, cc -120 cc 0 M (j) CL zi cc 0) 0 Cc a a- E o > 0 m Q) zo o 0 o o 0 0 cn o A".[ -77777 7171777777 7 777*7774 iepuvv i pie Is.n4eq n w 77-77 7777,777 TO: Sara Kern Habitat Conservation Planning Branch California Department of Fish and Wildlife FROM: Jacquelyn R. Kitchen, Development Service Director O(r SUBJECT: FY19 Section 6 Habitat Planning and Assistance Grant Application — Bakersfieftl Habitat Conservation Plan — Letter of Commitment — Non -Federal Match Funding This letter confirms that the City of Bakersfield will provide non-federal match funding for the Fiscal Year 2019 Federal Section 6 Habitat Planning and Assistance Grant for the Bakersfield Habitat Conservation Plan (BHCP). Bakersfield City staff will contribute at least 25% matching funds of total project cost, as required and detailed in the associated grant application, which amounts to at least $200,000. The following is a summary of the individual titles proposed for work produced within the above referenced timeframe. The specific job duties performed by all staff support the BHCP project include planning, preparing, editing, and coordinating all tasks related to Phase 4 of the project. Titles GIS Analyst . Busyness Mane Manager ........ Pplannning Director Associate Planner 11 Principal Planner Deputy,.Clty Attorney 11 Assistant City Manger Development Services Director Water Resources Director Webmaster City Manapr__ ........... Assistant City Manager Attachments: S-.\BHCP\OHCP Grants\Phase 4\Grant Appfication\Non-Fed Grant Match Letter.docx page "'ORONN.' I I cU cu co T- w w M 0 LL N ti 'LIONGNAL' ......... .. .. --- — -- --- ..... ....... ..... ... .. . ........ .... Nit' . . ...... . ...... .. ..... .... . . ...... .... . . ... .... ....... ....... .... rl O .. ....... ...... . . . ..... ... . . ....... .... .. ..... . .... .... . ........ . . ........ ....... . .. .................... . ....... ..... . . ... . ......... ....... ....... .. .. . --- ------ . . . . . . . . . . . . . . . . . O E E E 0. 4 16 IT 'T 2ago 4OW 44 § a-, 1-1 -0 C� 1� f 'i cel co m mpp w 90a5;WO6%2c 22s: w w w w C6 0 w 4OW 40* ,6 g 11� "ell Flit z ( ff c Eo, tg� ;Gff E E a c m m 0 CL E "5 LU 2 A w a w w w § C5 S2 3� 4 I m m '68 2 Z A 9 CL i u L) 3: 3: m :? 0, "ORGNAL' G1998104 BAKERSFIELD HABITAT CONSERVATION PLAN 36DOxxxxfTOD Permanent Staff $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 U, $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $o $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 0.0 Total Permanent Staff Salaries $0 Permanent Intermittent Staff Hours $/Hr. $10 $0 0.009/6 0.00% $0 $0 $0 0.00% 0,00% $0 Total Permanent Intermittent Salaries $0 Temporary Help (Sci Aides) N/A N/A $0 0.000/0 0.00% $0 JJ jjjjjj J j j General Expenses (201-261) $0 Minor Equipment (226) Equipment under $51K per item $0 Travel/Training (291-292) $0 C&PS - Interdepartmental (434) $0 C&PS - External (384-402) $183,334 Task 1 $50,000 Task 2 $133,334 Task 3 $0 Task. 4 $0 Waste Removal (348) $0 Electricity (362) $0 Water (367) $0 Utilities (378) $0 Major Equipment (451) Equipment over $5K per item $0 Capital Expenditures (801-891 and 418.01) $0 Gas/Diesel Fuel (525) $0 Vehicle/Equipment Maintenance & Repair (533) $0 Vehicle/Equipment Parts & Supplies (536) $0 TOTAL OFEW"E"ONAL SERVICES, $1413,334 TOTAL PROJECT COST $244,445 911, Tl�, ep,, CT 0MGNAL G1798XXX BAKERSFIELD HABITAT CONSERVATION PLAN 3600xxxxrf'BD 2020-21 Permanent Staff $0 0.00% 0.00% $0 $0 0.00% 0.00% $0 $0 a00% 0.00% $0 $0 0,00% 0,00% $0 $0 0.000/0 0.00% $0 $0 0.00% a00% $0 $0 0.00% 0.00% $0 $0 0.00% a00% $0 $0 0.00% 0.00% $0 $0 0.00% 0.00% $0 0.0 Total Permanent Staff Salaries $0 Permanent Intermittent Staff Hours $/Hr. $0 0.00% 0.00% $0 $0 0.00% 0.00% $0 Total Permanent Intermittent Salaries $0 Temporary Help (Sci Aides) N/A N/A $0 a00% 0.00% $0 General Expenses (201-261) $0 Minor Equipment (226) Equipment under $5K per item $0 Travelfrraining (291-292) $0 C&PS - Interdepartmental (434) $0 C&PS - External (384-402) $158,333 'I'ask 1 $0 Task 2 $133,333 cask 3 $25,0001 Task4 $0 Waste Removal (348) $0 Electricity (362) $0 Water (367) $0 Utilities (378) $0 Major Equipment (451) Equipment over $5K per item $0 Capital Expenditures (801-891 and 418.01) $0 Gas/Diesel Fuel (525) $0 Vehicle/Equipment Maintenance & Repair (533) $0 Vehicle/Equipment Parts & Supplies (536) $0 P, TOTAL OEUIMRSOMAL, SP tV#Cg$ $160,333 TOTAL PROJECT COST $211,111 > Q.7 OfIGNAL G1798XXX BAKERSFIELD HABITAT CONSERVATION PLAN 3600xxxxfTSD ii, im , , 4, , o", w= fm M, .. wils" M", we fmmr ft, wi i 111 I , , � , Permanent Staff $0 $0 0.00% 0.00% $0 $0 $0 0.000% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 0.0 Total Permanent Staff Salaries $0 Permanent Intermittent Staff Hours $/Hr. $0 $0 0.00% 0.00% $0 $0 $0 0.00% 0.00% $0 Total Permanent Intermittent Salaries $0 Temporary Help (Sci Aides) N/A N/A $0 0.000/0 0.00% $0 NONUNION' 0 0 General Expenses (201-261) $0 Minor Equipment (226) Equipment under $5K per item $0 Travel/Training (291-292) $0 C&PS - Interdepartmental (434) $0 C&PS - External (384-402) $268,333 Falk 1 $0 'rack 2 $133,333 "Task 3 $25,000 Task 4 $1100,000 Waste Removal (348) $0 Electricity (362) $0 Water (367) $0 Utilities (378) $0 Major Equipment (451) Equipment over $5K per item $0 Capital Expenditures (801-891 and 418.01) $0 Gas/Diesel Fuel (525) $0 Vehicle/Equipment Maintenance & Repair (533) $0 Vehicle/Equipment Parts &Supplies (536 $0 , TOWOEMPERSONALSERVICES $258,333 TOTAL PROJECT COST DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND (SECTION 6) NON—TRADITIONAL SECTION 6 BAKERSFIELD HABITAT CONSERVATION PLAN GRANT AGREEMENT NUMBER — Q2140402 GRANTOR: State of California, acting by and through The California Department of Fish and Wildlife P.O. Box 944209 Sacramento, CA 94244-2090 GRANTEE: City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 COVID-19 (Coronavirus) Requirements Contractor and its subcontractor(s), collectively referred to as "Contractor", shall follow Federal, State, and local orders, guidelines and directives, and CDFW policies related to COVID-19. Contractor is required to practice physical distancing whenever possible and wear face covers in accordance with current California Department of Public Health guidelines. In the event an individual working under this Contract exhibits COVID—like symptoms, Contractor agrees that individual will not work on this Contract unless he/she can work remotely or is quarantined for 14 days or has a negative test result. Contractor has the ability, subject to notification to CDFW's Contract Manager and with CDFW's approval to substitute that individual with a similarly qualified worker. If the Contractor becomes aware that an employee tests positive or has been exposed to someone who tests positive for COVID-19, the Contractor must immediately notify the CDFW Contract Manager, at a minimum of within 24 business hours. At that juncture, the Contractor may not proceed with CDFW—related work until receiving direction from the CDFW Contract Manager. SECTION 1 - LEGAL BASIS OF AWARD Pursuant to Fish and Game Code 1501.5(b), the California Department of Fish and Wildlife (CDFW or Grantor), is authorized to enter into this Grant Agreement (Agreement) and to make an award to the City of Bakersfield (Grantee) for the purposes set forth herein. Grantee accepts the grant on the terms and conditions of this Agreement. Accordingly, Grantor and Grantee (Parties) hereby agree as follows: 0 c,i nplNe V 10/28,/,201 '�"OHUNM DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF 02140402 CITY OF BAKERSFIELD SECTION 2 — GRANT AWARD 2.01 Grant: In accordance with the terms and conditions of this Agreement, including Section 5.06 — General Terms and Conditions, Grantor shall provide Grantee with a maximum of $599,632 (Grant Funds), financially support and assist Grantee's implementation of Non —Traditional Section 6 Bakersfield Habitat Conservation Plan (Project). 2.02 Term:i The term of this agreement is January 14, 2022, or upon Grantor approval, whichever is later, through February 28, 2023. SECTION 3 — ELIGIBLE USES OF GRANT Only Grantee expenditures that are necessary to implement the Project, comply with applicable federal and State of California law, and made in accordance with Section 6 — Project Statement and Section 9 — Budget and Payment as set forth within this Agreement are eligible for reimbursement from the Grant Funds. SECTION 4 — GRANTEE'S REPRESENTATIONS AND WARRANTIES Grantee represents and warrants to Grantor as follows: 4.01 Existence and Power: Grantee is a public entity validly existing, and in good standing under the laws of California. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder. 4.02 Binding Obligation: This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with the Agreement's terms. SECTION 5 — GRANTEE'S AGREEMENTS 5.01 Purpose: This Agreement is entered into by the Parties for the purpose of providing financial support to Grantee to complete the Project, specifically the activities identified within Section 6 — Project Statement. 6.02 Protect: Grantee shall complete activities as set forth in Section 6 — Project Statement. 5.03 Use of Project Funds:, Grantee agrees that only Grantee expenditures that are necessary to implement the Project, comply with applicable federal and State of California law, and made in accordance with Section 6 — Project Statement and Section 9 — Budget and Payment as set forth within this Agreement are eligible for reimbursement from the Grant Funds. Grantee acknowledges that it may not transfer Page 2 of 16 DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD Grant Funds between or among budget line items without written approval from the CDFW Grant Manager in accordance with Section 9 — Budget and Payment. 5.04 Elinibility of Funds: In the event that the California Budget Act does not provide sufficient appropriations to allow Grantor to fund the Project at the level specified in Section 2 — Grant Award and Section 9 — Budget and Payment of this Agreement, Grantor reserves the right to modify this Agreement to reflect a reduction in available funds, as an alternative to termination. 5.05 Submission of Reports: Grantee shall comply with the format, content, and timing requirements set out in Section 8 — Reports. Failure to submit timely and accurate reports shall be considered evidence of non—compliance with this Agreement and shall permit termination of this Agreement by Grantor. 5.06 'General Terms and Conditions: Public Entities General Grant Provisions (Exhibit 1.a) and Federal Terms and Conditions (Exhibit 2) are attached hereto and made a part of this Agreement. 5.07 Amendments: This Agreement may only be amended in accordance with Section 5.06 — General Terms and Conditions. Grantee shall submit any request to amend any term of this Agreement in writing to the CDFW Grant Manager no later than 120 days prior to the end of the term of this Agreement. Grantee must include an explanation of and justification for any such request. 5.08 Acknowledgement of Credit: ' Grantee shall include signage, to the extent practicable, informing the public that the Project received funds through the CDFW from the United States Department of Interior, through the United States Fish and Wildlife Service (USFWS), Cooperative Endangered Species Conservation Fund. Further, Grantee shall include appropriate acknowledgement of credit to the CDFW, for Grantor's financial support when using any data and/or information developed under this Agreement (e.g., in posters, reports, publications, presentations). 5.09 Labor Code Requirements; Prevailing Wage: State grants may be subject to California Labor Code requirements, which include prevailing wage provisions. Certain State grants administered by the CDFW are not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. For more details, please refer to California Fish and Game Code Section 1501.5 and the Department of Industrial Relations website at hAp.L//www.dir.ca.gov. Grantee shall pay prevailing wage to all persons employed in the performance of any part of the Project if required by law to do so. 5.10 Environmental Compliance: Grantee shall not proceed with on the ground implementation until California Environmental Quality Act (CEQA) compliance and all necessary permits and consultations are secured, and Grantee has received a Notice to Proceed letter from the CDFW Grant Manager. Written permission must Page 3 of 16 C)RUNk DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD be obtained from landowner(s) for access to perform grant work; copies of such permission shall be provided to the CDFW Grant Manager. 5.11 California Business Professions Code: Grantee shall be responsible for obtaining the services of an appropriately licensed professional or appropriately licensed professionals if required by the California Business and Professions Code, including but not limited to Section 6700 et seq. (Professional Engineers Act) and Section 7800 et seq. (Geologists and Geophysicists Act). If Grantee fails to perform in accordance with the compliance provisions of this Agreement, Grantor shall have sole discretion to delay, interrupt, or suspend the work for which the Grant Funds are supplied. SECTION 6 — PROJECT STATEMENT 6.01 Introduction: The Bakersfield Habitat Conservation Plan (BHCP) is a proposed federal Habitat Conservation Plan (HCP). The BHCP is necessary because the Grantee and Kern County (County) are currently undergoing long—term planning efforts to support a projected 65% population increase in the next 30 years which will result in an increase in urban development activities. The expansion of urban development affects suitable habitat for threatened, endangered, at —risk, and unlisted species. The BHCP will comprehensively conserve sensitive species, wildlife movement corridors, and essential habitats while allowing for urban growth and development where appropriate. The BHCP proposes coverage for three listed species, two wildlife species (San Joaquin antelope squirrel, Ammospermophilus nelsoni, and San Joaquin kit fox, Vulpes macrotis mutica) and one plant species (Bakersfield cactus, Opuntia basilaris var. treleasei). The BHCP will permanently protect habitat and establish management guidelines for these sensitive species as well as the vegetation communities upon which they depend. Work on the BHCP has followed a phased approach and has already begun under previously awarded Section 6 Nontraditional HCP grants but was not completed. This funding will support Phase 4 of the project, which includes ongoing efforts of the final planning phase of the BHCP and its early implementation. Specifically, this grant is funding the ongoing work to finalize the HCP document, Environmental Impact Statement (EIS) and Environmental Impact Report (EIR) documents, complete the federal and state incidental permitting process, and necessary implementation documents to ensure success of the BHCP. 6.02 'Oboectives:. Specific objectives of this Project are to: finalize the HCP document; complete National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) compliance through completion of environmental documents; allow the Grantee to support the United States Fish and Wildlife Service (USFWS) and CDFW in completion of the federal and state incidental take permitting process; and preparation of necessary implementation documents. Page 4 of 16 (% DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD Completion of HCP: Funds under this task will be used to make final changes to the HCP following NEPA and CEQA analysis and public comment. Although the public comment period is intended to focus on NEPA and CEQA analysis, public comments related to the HCP during this period may warrant some changes to the HCP, and this funding would cover implementing those changes. Funds will allow the Grantee and the County to finalize the public draft and prepare the final HCP, following the CEQA/NEPA process 2. Completion of CEQA/NEPA Documents: Funds under this task will allow for the preparation of the first and second (if needed) administrative draft and public drafts of the required environmental documents. As a result of Secretarial Order 3355, the Grantee and the County will prepare a separate document to fulfill environmental review under CEQA, while the USFWS will prepare the NEPA document. Following the public review and comment period and incorporation of appropriate public comments in the environmental document, a final NEPA and CEQA document will be prepared. 3. Completion of Permits and Ordinances: Once final environmental documents are prepared, funds under this task will support local agency (City of Bakersfield and County of Kern) adoption of the document through ordinances to make the necessary findings needed to receive approval of the incidental take permits. 4. Completion of Early Implementation Documents: Funding under this task will be used to develop documents necessary for post —permitting implementation to support the BHCP. 6.03 Project Description: Grantee will manage the Project as described below: For the final phase of the HCP, the Grantee and the County will rely on assistance from federal and state wildlife agencies, and their subcontractor, ICF Jones and Stokes, Inc. The Grantee will complete the elements needed for the HCP document, provide technical support during the approval process for local ordinances and Federal and State Incidental Take Permits (ITPs), prepare the CEQA document and associated NEPA document, and create implementation documents and guidelines following receipt of ITPs and approvals of local ordinances. The subcontractor will complete implementing tasks outlined in this grant related to HCP, CEQA, and NEPA completion, and the Grantee will provide support and guidance to the subcontractor. The Grantee is the lead agency preparing the HCP, dedicating staff time and resources necessary to ensure the HCP progresses in coordination with the County. 6.04 Location: The Project is located on approximately 2,259,625 acres of privately— and publicly —owned land located in Grantee and County jurisdiction centered at approximately 35.3942, —119.2541 in Kern County, California (Plan Area). Approximately 41,300 of these acres within the larger Plan Area are identified for public and private urban development activities, also known as the Urban Page 5 of 16 ''OFOGNAL, CD DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD Development Area. The Urban Development Area includes the City of Bakersfield and is centered at approximately 35.3589, —119.0466. 6.06 Materials and Equipment: Property acquisitions and equipment purchases must be consistent with Section 5.06 — General Terms and Conditions. All materials and equipment will be provided as cost share by Grantee. 6.06 Project Implementation: Consistent with the Grantee's proposal for the Project, the Grantee will complete the following tasks in accordance with Section 6.07 — Schedule of Due Dates and Deliverables: Task 1 — Project Management and Administration The Grantee will provide technical and administrative services associated with performing and completing the work for this Project, including managing this Agreement, assuring all permits are finalized, administering subcontracts, invoicing and payments, drafting and finalizing progress and final reports, and data management. Subtask 1.1 — Annual Progress Reports The Grantee's Project Coordinator will draft and submit Annual Progress Reports to CDFW. Subtask 1.2 — Quarterly Invoices The Grantee's Project Coordinator will submit Quarterly Invoices with the appropriate supporting documentation to CDFW within 30 days following each calendar quarter (March 15, June 15, September 15, December 15) after grant execution. Subtask 1.3 — Copies of Executed Subcontracts The Grantee's Project Coordinator will submit copies of executed subcontracts to CDFW. Subtask 1.4 — Submit Proiect Data The Grantee's Project Coordinator will submit all project date in electronic and hard copy format. This includes, but is not limited to, all data used in the habitat modeling, GIS data, mapping, vegetation mapping, information used in the species and habitat analysis for drafting the EIR/EIS, and all information used to inform the HCP scoping and strategy development. Subtask 1.5 — Draft Final Report The Grantee's Project Coordinator will draft and submit the Draft Final Report to CDFW. Subtask 1.6 — Final Report The Grantee's Project Coordinator will submit the Final Report to CDFW. Page 6 of 16 '0R1GPJAL,":' DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF 02140402 CITY OF BAKERSFIELD Subtask 1.7 — Final Invoice The Grantee's Project Coordinator will submit the Final Invoice to CDFW once CDFW approves the Final Report. Task 2 — Completion of HCP Funds under this task will be used to make final changes to the HCP following NEPA and CEQA analysis and public comment. Comments on the HCP are received during public comment periods. Based on comments received, some changes to the HCP may be warranted, and this funding would cover implementation of those changes. Subtask 2.1 — Public Draft HCP Funding from the amended fiscal year (FY) 2014 grant (P164001 1) allowed the Grantee and the County to complete the first and second Administrative Draft HCPs, the latter of which is currently under review with USFWS and CDFW. Following the CEQA/NEPA process, the subcontractor will prepare the Public Draft HCP, in preparation for public release of the HCP and environmental document. Subtask 2.2 — Complete Final HCP The subcontractor, will finalize the Public Draft HCP and prepare the Final HCP, following the NEPA/CEQA process. Task 3 — Completion of Environmental Documents Funds under this task will be used to complete CEQA and NEPA documentation. Due to Secretarial Order 3355, the subcontractor, with guidance from the Grantee, will prepare a separate document to fulfill environmental review under CEQA. The subcontractor, with oversight from the USFWS, will prepare the NEPA document. Funding from the following subtasks will be used for both of those environmental review processes. Subtask 3.1 — Conduct CEQA/NEPA Scoping The Grantee, with support from the subcontractor, conducted initial public scoping for the CEQA/NEPA process during Phase 3, using FY 2014 grant (P1640011) funds. In response to subsequent Secretarial and Executive Orders related to NEPA processes, the Grantee will need to conduct subsequent re—scoping for the NEPA document once the USFWS and the CDFW have reviewed and agreed the 2nd Administrative Draft HCP document, generated during Phase 3, is sufficient to undergo NEPA review. Subtask 3.2 — Complete First Admin. Draft Environmental Documents The subcontractor, with oversight from the Grantee and the USFWS, will prepare the first administrative draft of the environmental documents. Page 7 of 16 `(NiGNAI, DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF 02140402 CITY OF BAKERSFIELD Subtask 3.3 — Complete Second Admin. Draft Environmental Documents The subcontractor, with oversight from the Grantee and the USFWS, will prepare a second administrative draft of the environmental documents, if needed. Subtask 3.4 — Complete Public Draft Environmental Documents The subcontractor, with oversight from the Grantee and the USFWS, will prepare a public draft of the environmental documents. Subtask 3.5 — Complete Final Environmental Documents Following public review and comment period, and incorporation of appropriate public comments in the environmental documents, the subcontractor, with oversight from the Grantee and the USFWS, will prepare final documents. Task 4 — Completion of Permits and Ordinances Once final NEPA/CEQA documents are prepared this task will include local agency adoption of the documents through ordinances to make the necessary findings needed to receive approval of the incidental take permits. This process will also include assisting the permittees in post —permitting implementation and development of guidance documents to support the successful creation of the BHCP. Subtask 4.1 — Support Approval of Local Ordinances The subcontractor, will help the Grantee work through local approvals and attend meetings with local decision —makers, as needed. Subtask 4.2 — Support Completion of USFWS/CDFW Permits The subcontractor, will coordinate with the USFWS and the CDFW during the permit issuance process, as needed. The subcontractor will be available to answer questions or provide clarity during the permit approval process. Subtask 4.3 — Stakeholder Outreach and Support The Grantee, with support from the subcontractor, will conduct any needed remaining stakeholder outreach. Task 5 — Completion of Early Implementation Documents Funding under this task will assist the Grantee in transitioning from the existing Metro Bakersfield Habitat Conservation Plan (MBHCP) to the BHCP. Once local agencies have approved the ordinances and received ITPs, the subcontractor, with oversight from the Grantee, will develop documents necessary for post —permitting implementation to support a successful foundation of the BHCP. This task includes development of the following items: 1. HCP User's Guide 2. Administrator's Guide/Desk Reference Manual 3. Covered Activity Database Page 8 of 16 DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD 4. Geobrowser for public use during the permitting process 5. HCP Implementation Training for Grantee staff/consultants/developers 6. Templates and procedures, including: a. Annual report template b. Grazing lease selection criteria and process c. Grazing lease template d. Habitat management plan e. Monitoring program templates 6.07 'Schedule of Due Dates and Deliverables: Task Subtask Description Deliverables Estimated Completion Dates 1 1.1 Project Annual June 15, 2022 Management Progress and Report Administration 1.2 Quarterly Due within 30 days Invoices following each calendar quarter (March, June, September, December) following grant execution. 1.3 Copies of Due within 30 days Executed of grant execution. Subcontracts 1.4 Submit Project January 27, 2023 Data 1.5 Draft Final January 27, 2023 Report 1.6 Final Report February 28, 2023 1.7 Final Invoice February 28, 2023 2 2.1 Task 2. Public Draft October 31, 2022 Completion of HCP HCP 2.2 Final HCP February 28, 2023 3 3.1 Task 3. Conduct March 31, 2022 Completion of CEQA/NEPA Environmental Scoping 3.2 Documents 1 st Admin Draft August 31, 2022 Environmental Documents 3.3 2nd Admin October 31, 2022 Draft Page 9 of 16 'ONUNAL' DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD Task Subtask Description Deliverables Estimated Completion Dates Environmental Documents 3.4 Public Draft November 30, 2022 Environmental Documents 3.5 Final February 28, 2023 Environmental Documents 4 4.1 Completion of Support February 28, 2023 Permits and Approval of Ordinances Local Ordinances 4.2 Support January 27, 2023 Completion of USFWS/CDFW Permits 4.3 Stakeholder February 28, 2023 Outreach and Support 5 Completion of Complete February 28, 2023 Early implementation Implementatio documents and n Documents databases; Complete management and monitoring pIan. SECTION 7 - CONTACTS The point of contact may be changed at any time by either party by providing a 10 day advance written notice to the other party. The Parties hereby designate the following points of contact during the Term of this Agreement: CDFW Grant Manager: Grantee Project Manager: Name: Renee Robison Name: Paul Johnson Title: Senior Environmental Scientist (Specialist) Title: Planning Director Address: 1130 E. Shaw Avenue Fresno, CA 93710 Address: 1715 Chester Avenue Bakersfield CA 93301 Phone: (559) 243-4014 ext. 274 Phone: 1(661)326-3681 Email: Renege-,-R�obiso�n�Wi Id I �ife. ca �-ov - Email: I 2Loh nson @bakersfield city. us Page 10 of 16 65 M ":'0RQHNM.' DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD Direct all administrative inquiries to: CDFW Grant Coordinator: Grantee Project Manager: Name: Miriam Rodriguez Name: Kassandra Gale Title: Contract Coordinator Title: Principal Planner Address: 1234 E. Shaw Ave. Fresno, CA 93710 Address: 1715 Chester Avenue Bakersfield CA 93301 Phone: 1 (559) 243-4005 1 Phone: 1(661)326-3411 Email: I Mkjg!rr.Rcadri uez ildlie.Ca. M I Email: I k�e �bakers�fielddt .us SECTION 8 — REPORTS 8.01 Progress Reports: Grantee shall submit Annual Progress Reports that comply with the requirements below to the CDFW Grant Manager. The CDFW Grant Manager will provide Grantee with a sample Progress Report upon request. Requirements: The progress reports should be delivered to the CDFW Project Manager in the manner and format identified in Requirements, below. Requirements: Grantee's Project Manager shall provide an annual summary report, submitted to the Project Manager no later than the dates listed in Section 6.07 — Schedule of Due Dates and Deliverables of each year of the agreement until the final report is provided. The summary shall describe the progress achieved by the Grantee in the preceding reporting period, including the status of each task and deliverables. A budget summary shall also be included that provides an estimate of progress relating to the grant funds available to complete the deliverable. The summary report shall be separate from any submitted invoices. The progress reports shall also specifically include: 1. The grant number (Q2140402/F20AP1 1985/G1 998104), the grant year, the dates the progress report covers, the report due date, and the grant period; 2. Location description; 3. Objectives including tasks and subtasks; 4. A description of how the work fits into a larger project; 5. A description of how objectives were met, including tasks and subtasks; 6. A discussion of differences between objectives and work completed. Should include a comparison of actual accomplishments with goals and objectives of the award as detailed in the approved scope of work; 7. Description of reasons why established goals were not met, if appropriate; and 8. List of publications or in—house reports resulting from work. 9. Annual progress reports will be submitted electronically in PDF or Microsoft Word compatible format and conform to the template provided. Page 11 of 16 ""CHUNAP. DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD 8.02 Draft and Final Report: Grantee shall submit a Draft Final Report and Final Report by the dates listed in Section 6.07 — Schedule of Due Dates and Deliverables. Grantee shall submit a Draft Final Report, at least 30 days prior to Grantee's submission of the Final Report. The report shall summarize the life of the Agreement and describe the work and results pursuant to Section 6 — Project Statement. The Draft and Final Reports will be submitted, electronically, to the CDFW Grant Manager upon completion of the Project tasks. The CDFW Grant Manager will provide Grantee a sample Final Report template, upon request. 8.03 Document Accessibility: CDFW follows the Web accessibility standards of California Government Code Sections 7405 and 11135, and the Web Content Accessibility Guidelines (WCAG). Since all Cooperative Endangered Species Conservation Fund (Section 6) Program Final Reports will be posted to CDFW's website, grantees must ensure that the WCAG standards for adequate accessibility to people with disabilities are met for all Reports and associated submittals. Final Reports, and all associated documents, should be submitted as Word Documents for ease of editing to meet WCAG standards. SECTION 9 — BUDGET AND PAYMENT 9.01 Budget Details and Funding Summary: Grantor will provide an amount not to exceed $599,632 as detailed in the Line Item Budget Detail (Budget) below. Grantee or its partners will provide up to $200,000 in funds or in —kind services as cost share to complete tasks described in Section 6 — Project Statement. Grantee will provide Grantor accurate records of all cost share with Grantee's Final Report. XV j i,ll,'"llIllIllIll,,o All Tat _g Total Personnel Services $0.00 0.00 $0.00 Field Supplies (List Grantee field supplies in $0.00 $0.00 $0.00 Section 6.05 materials and equipment) (Not to exceed State reimbursement rates) $0.00 $0.00 $0.00 -Travel Subtotal Operating Expenses: General $0.00 $0.00 $0.00 $377,053 $222,579 $599,632 ICF Jones and Stokes, Inc. Subtotal Operating $377,053 $222,579 $599,632 Expenses: Subcontractors item $0.00 $0.00 $0.00 -Equipment Subtotal Operating $0.00 $0.00 $0.00 I Expenses: Equipment AK P Page 12 of 16 Ir DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF 02140402 CITY OF BAKERSFIELD A a Rk Indirect Charge Rate 0% $0.00 $0.00 $0.00 (Applies to Sections A+B+C (per 9.01.2 onI F. GRAND TOTAL (A+B+C+D+E) $377,0531 $222,5791 $699,6321 Any changes or modifications to a fund source below must be promptly reported to the CDFW Grant Manager, in writing. 7/7" F7*4007 Section 6 Grant Program $599,632 $0 $599,632 -CDFW Federal $0 $0 $0 City of Bakersfield (Grantee) $0 , $200,000 $200,000 Total Project Cost: 1 $599,6321 $200,0001 $799,632 9.01.1 Bud -get Flexibility: Grantee must submit all budget line item revision requests, in writing, to the CDFW Grant Manager, prior to implementing any changes. All proposed budget changes require prior approval from the CDFW Grant Manager, regardless of budgetary impact. Informal Budget adjustments between existing line items may be permitted. Any revision to the Line Item Budget Detail must comply with Section 5.07 - Amendments. Considerations for informal Budget adjustments, if granted, must include: 1. Revisions which are consistent with the purpose, objectives, and description of the Project as detailed in Section 6 - Project Statement; 2. Revisions that do not increase or decrease the total Agreement amount; 3. Revisions that do not substitute key personnel; and 4. Line item shifts within a budget category (e.g., Field Supplies to Travel) of up to $25,000 or 10% of the Agreement amount, whichever is less. Formal Budget adjustments will be considered by the Grantor, with prior approval from the CDFW Grant Manager. An amendment to the Agreement is required if a formal Budget adjustment is approved. Considerations for formal amendments, if granted, include: 1. Shifting Grant Funds between budget categories (e.g., Personnel Services to Operating Expenses); 2. Increasing or decreasing the total Agreement amount; Page 13 of 16 DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD 3. Substituting key personnel; or 4. Line item shifts within a budget category (e.g., Field Supplies to Travel) that exceed $25,000 or 10% of the Agreement amount, whichever is less. 5. Multi —year budgets: Budget shifts from one year to another will require an amendment. 9.01.2 Indirect Costs for Federally Funded Payable Grants: Indirect costs may be applied up to the first $25,000 for each subaward/subcontract by using their negotiated ICRP or 10% de minims if there is no negotiated ICRP. Per § 200.68 Modified Total Direct Cost (MTDC): MTDC means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and subawards and subcontracts up to the first $25,000 of each subaward or subcontract (regardless of the period of performance of the subawards and subcontracts under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward and subcontract in excess of $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. 9.02 Payment Provisions 9.02.1 Disbursements: Grantor will disburse Grant Funds to Grantee not more frequently than quarterly in arrears, upon receipt of an original itemized invoice and any required mandatory documentation as identified in Section 6.07 — Schedule of Due Dates and Deliverables. Grant disbursements will be mailed to the following Grantee address: Grantee Name: The City of Bakersfield Attention: Paul Johnson (BHCP) Address: 1715 Chester Avenue Bakersfield CA 93301 9.02.2 Invoice Documentation: Each invoice for payment must be accompanied by a written description, not to exceed two pages in length, of Grantee's performance under this Agreement since the time the previous such report was prepared. The report shall describe the types of activities and specific accomplishments during the period for which the payment is being made rather than merely listing the number of hours worked during the reporting period. The Final Invoice must include a budget summary of all cost share expenditures by fund source, as Page 14 of 16 DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD applicable. The CDFW Grant Manager will provide Grantee with a sample invoice template upon request. The Final Invoice is due in accordance with Section 6.07 — Schedule of Due Dates and Deliverables. The invoice package must be either mailed hard copy or electronic submission to the CDFW Grant Manager contact located in Section 7 — Contacts. Requirements: The invoice shall contain the following information: 1. The word "Invoice" should appear in a prominent location at the top of the page(s); 2. Printed name of Grantee on company letterhead; 3. Grantee's business address, including P.O. Box, City, State, and Zip Code; 4. Name of the CDFW Region/Division being billed; 5. The invoice date and the time period covered; i.e., the term "from" and "to"; 6. This Agreement number and the sequential number of the invoice (i.e., Q2140402—Invoice 1); 7. The invoice must be itemized using the categories and following the format of the Budget; 8. The total amount due. This should be in a prominent location in the lower right—hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice. The total amount due shall include all costs incurred by Grantee under the terms of this grant; 9. The original signature of Grantee; and 10. Grantee must provide supporting documentation for the invoice and actual receipts Page 15 of 16 CRVNN�" DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF Q2140402 CITY OF BAKERSFIELD IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the Grantor date set forth below the signature. AUTHORIZED AGENT FOR GRANTEE Dowft" by: By: MU4,SAA, Signature: [P 7679E9D46C Printed Name: Paul Johnson Title: Planning Director Date: 112112022 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE By: Signature: Printed Name: Melinda Peacock Title: Section Chief, Business Management Branch Date: This agreement is exempt from DGS—OLS approval, per SCM 4.06. Page 16 of 16 C, DocuSign Envelope ID: C2432EOC-EE3E-4595-A447-9C36FBFCE7EF State of California - Natural Resources Aciency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director P.O. Box 944209 Sacramento, CA 94244-2090 GO www.wi1d1ife,c,q nnv January 14, 2022 Paul Johnson The City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Re: Q2140402 — Non —Traditional Section 6 Bakersfield Habitat Conservation Plan ACKNOWLEDGEMENT OF WORK COMMENCEMENT AUTHORIZATION DISCLAIMER Where approval from the California Department of Fish and Wildlife (CDFW) applies, the attached payable grant shall be of no force or effect until it is signed by both parties (CDFW and grantee). The signing of this payable grant by your organization does not authorize the commencement of work. By signing this letter, your organization acknowledges and agrees not to begin work until all approvals have been obtained, the payable grant has been fully executed, and the grantee has been given authorization to begin work. Should any work begin before all approvals are obtained or authorization is given, services will be considered voluntary. Please be advised that failure to sign and return this letter will delay approval of your payable grant. EDocuBipnod by: 7'679E9D46C Authorized Signature Paul Johnson, Planning Director Printed Name and Title of Person Signing 1/21/2022 Date Conserving California's Wildlife Since 1870 m RONAL