Buellton City Council
September 14, 2023

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of September 14, 2023 at 6:00 p.m.

City Council Chambers, 140 West Highway 246
Buellton, California
Council meetings will be conducted in person and the public is welcome to attend.

Written comments will not be read aloud but can be sent to the City Council via email at [email protected] (please reference agenda item number/subject matter, and include your name and address). The public can observe Council meetings via City TV Live Stream at:
http://www.cityofbuellton.com/government/cityTV.php
Members of the public can observe and address the meeting electronically by clicking here.

CALL TO ORDER
Mayor Dave King

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members, Hudson Hornick, Elysia Lewis, David Silva, Vice Mayor John Sanchez, and Mayor Dave King

REORDERING OF AGENDA
PUBLIC COMMENTS Speaker Slip to be completed and turned in to the City Clerk prior to commencement of meeting. Any person may address the Council on any subject pertaining to City business, including all items on the agenda not listed as a Public Hearing, including the Consent Agenda and Closed Session. Limited to three (3) minutes per speaker. By law, no action may be taken at this meeting on matters raised during Public Comments not included on this agenda. Public Speakers using a translator are allotted a total of six (6) minutes to speak, unless simultaneous translation equipment is used.

CONSENT CALENDAR (ACTION)
The following items are considered routine and non-controversial and are scheduled for consideration as a group. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Members of the Public may speak on Consent Agenda items during the Public Comment period.

1. Minutes of August 10, 2023 Regular City Council Meeting

City Council Meeting Agenda Page 2 September 14, 2023

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Years 2022/2023 and 2023/2024

3. Monthly Treasurer’s Report – July 31, 2023
 (Staff Contact: Finance Director Shannel Zamora)

4. Acceptance of Bid and Award of Contract for the 2022/2023 Road Maintenance Project
 (Staff Contact: Public Works Director Rose Hess)

5. Approval of Office of Traffic Safety (OTS) Grant Agreement and Consulting Services Agreement with MoveSB
 (Staff Contact: Public Works Director Rose Hess)

6. Consideration of Affordable Housing Agreement with People’s Self Help Housing for the Buellton Garden Apartments Project
 (Staff Contact: Planning Director Andrea Keefer)

7. Acceptance of Bid and Award of Construction Contract for the Village Park Improvements Project
 (Staff Contact: Public Works Director Rose Hess)

PRESENTATIONS

PUBLIC HEARINGS

COUNCIL MEMBER COMMENTS/ITEMS

WRITTEN COMMUNICATIONS
Written communications are included in the agenda packets. Any Council Member, the City Manager or City Attorney may request that a written communication be read into the record.

COMMITTEE REPORTS This Agenda listing is the opportunity for Council Members to give verbal Committee Reports on any meetings recently held for which the Council Members are the City representatives thereto.

BUSINESS ITEMS (POSSIBLE ACTION)

8. Discussion and Possible Approval of Fall Fest Carnival on the Avenue of Flags and Consideration of Funding Request for the Event
 (Staff Contact: Planning Director Andrea Keefer)

9. Consideration of Arts & Culture Project Application: People Helping People Project Proposal
 (Staff Contact: City Manager Scott Wolfe)

City Council Meeting Agenda Page 3 September 14, 2023

10. Ordinance No. 23-01 – “An Ordinance of the City Council of the City of Buellton, California, Re-Adopting Chapter 8.12 of the Buellton Municipal Code Pertaining to the 2022 California Fire Code as Adopted and Amended by the County of Santa Barbara” (Introduction and First Reading)
 (Staff Contact: City Manager Scott Wolfe)

11. Rejection of Bid for the Hwy 246 & McMurray Road Intersection Project  (Staff Contact: Public Works Director Rose Hess)

12. Discussion on Cultural Heritage Recognition Observances  (Staff Contact: City Manager Scott Wolfe)
CITY MANAGER’S REPORT

CLOSED SESSION ITEMS (POSSIBLE ACTION)

13. Closed Session - California Government Code Section 54956.9(d)(4) regarding:

POTENTIAL INITIATION OF LITIGATION (1 matter)

14. Closed Session - California Government Code Section 54956.9(d)(2) Facts and Circumstances that might result in Litigation against the Agency but which the Agency believes are not yet known to a Potential Plaintiff or Plaintiffs

15. Closed Session - California Government Code Section 54956.9(d)(2) Facts and Circumstances that might result in Litigation against the Agency but which the Agency believes are not yet known to a Potential Plaintiff or Plaintiffs

ADJOURNMENT
The next meeting of the City Council will be held on Thursday, September 28, 2023 at 6:00 p.m.

City Manager Review: SW
Council Agenda Item No.: 1

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of August 10, 2023
City Council Chambers, 140 West Highway 246
Buellton, California

CALL TO ORDER
Mayor King called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE

ROLL CALL

Present: Council Members Hudson Hornick, Elysia Lewis, David Silva, Vice Mayor John Sanchez, and Mayor Dave King
Staff: City Manager Scott Wolfe, City Attorney Greg Murphy, Finance Director Shannel Zamora (Via Zoom), Planning Director Andrea Keefer, Public Works Director Rose Hess, and City Clerk Linda Reid

REORDERING OF AGENDA
None

PUBLIC COMMENTS
A.J. Tarman, Buellton, requested traffic enforcement along Highway 246 to slow vehicle speeds through Buellton.

CONSENT CALENDAR

1. Minutes of July 27, 2023 City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Years 2022/2023 and 2023/2024

3. Monthly Treasurer’s Report – June 30, 2023
MOTION:

Motion by Vice Mayor Sanchez, seconded by Council Member Lewis, approving Consent Calendar Items as listed.

City Council Meeting Minutes Page 2 August 10, 2023
VOTE:

Motion passed by a roll call vote of 5-0.

Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Silva – Yes
Vice Mayor Sanchez – Yes
Mayor King – Yes

PRESENTATIONS
None

PUBLIC HEARINGS

4. Resolution No. 23-18 – “A Resolution of the City Council of the City of Buellton, California, Approving, Authorizing and Directing Execution of A Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority and Approving A Plan of Finance for the Issuance of Revenue Bonds by the Authority to Finance and Refinance A Qualified Residential Rental Project for the Benefit of Buellton Garden Apartments, L.P., and Certain Other Matters Relating Thereto” RECOMMENDATION:

That the City Council consider adoption of Resolution No. 23-18.

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

Mayor King reopened the continued public hearing at 6:04 p.m. There being no public comment, Mayor King closed the Public Hearing at 6:05 p.m.

The Council discussed the project location and specifics regarding the revenue bonds.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Lewis, seconded by Vice Mayor Sanchez approving Resolution No. 23-18 – “A Resolution of the City Council of the City of Buellton, California, Approving, Authorizing and Directing Execution of A Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority and Approving A Plan of Finance for the Issuance of Revenue Bonds by the Authority to Finance and Refinance A Qualified Residential Rental Project for the Benefit of Buellton Garden Apartments, L.P., and Certain Other Matters Relating Thereto”

City Council Meeting Minutes Page 3 August 10, 2023
VOTE:

Motion passed by a roll call vote of 4-1, with Council Member Hornick voting no.

Council Member Hornick - No
Council Member Lewis – Yes
Council Member Silva - Yes
Vice Mayor Sanchez – Yes
Mayor King – Yes

COUNCIL MEMBER COMMENTS/ITEMS
None

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
None

BUSINESS ITEMS
None
CITY MANAGER’S REPORT
None

ADJOURNMENT
Mayor King adjourned the regular meeting at 6:07 p.m. The next regular meeting of the City Council will be held on Thursday, September 14, 2023 at 6:00 p.m. The regular City Council meeting of August 24, 2023 has been cancelled.
____________________________
Dave King
Mayor
ATTEST:
_____________________________
Linda Reid
City Clerk

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 2

To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: September 14, 2023
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Years 2022/2023 and 2023/2024
______________________________________________________________________________

BACKGROUND
Staff is required to submit a check register to the City Council for approval every Council meeting for the most recently completed check register (Attachment 1).

The check register for the period 07/29/2023 through 09/01/2023 has been prepared in accordance to Government Code section 37202 and Buellton Municipal Code section

3.08.070. The check register lists all vendor payments for the specified period above, along with claimant’s name, a brief description of the goods or service purchased, amount of demand, check number, check date and the account number(s) associated with each payment.

The total amount of checks and electronic fund transfers issued for the period of 07/29/2023 through 09/01/2023 was $1,045,633.78.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for FY 2022/23 and FY 2023/24. Cash is available for the payment disbursements of the above liabilities.

RECOMMENDATION
That the City Council review and accept the check register for the period 07/29/2023 through 09/01/2023.

ATTACHMENTS
Attachment 1 – Claims

EXHIBIT A - A/P Packets processed
A/P Packet# APPKT02145 8,120.00
A/P Packet# APPKT02143 9,000.00
A/P Packet# APPKT02141 43,157.50
A/P Packet# APPKT02140 203,528.99
A/P Packet# APPKT02136 171,541.99
A/P Packet# APPKT02131 137,545.24
A/P Packet# APPKT02126 56,522.10
A/P Packet# APPKT02124 7,969.60
A/P Packet# APPKT02121 145,816.52
Total A/P Packets: $783,201.94 (19 pages)
(1 page)
Utility Packet #UBPKT03187 70.21
Total of checks issued: $783,272.15
EXHIBIT B - Payments via Electronic Fund Transfer (EFT) EFT Total: $132,574.09
Payroll processed
Staff Payroll 8/11/2023 65,822.24
City Council Payroll 8/24/2023 2,973.16
Staff Payroll 8/25/2023 60,992.14
Total Payroll: $129,787.54
Disbursement from Capital Lease Proceeds
TOTAL AMOUNT OF CLAIMS: $1,045,633.78

CONSOLIDATED CLAIMS DISBURSEMENT

BACK-UP/SUPPORT DATA IS AVAILABLE FOR COUNCIL REVIEW IN CITY HALL The following is a list of claims for the period of July 29, 2023 through September 01 , 2023 for ratification by the City at the Council September 14, 2023 City Council Meeting. \\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval FY2023-2024

EXHIBIT B
Payments via Electronic Fund Transfer (EFT):

From 07/29/2023 through 09/01/2023
Payroll Tax - IRS 7/31/2023 12,410.93
CalPERS - PEPRA 7/31/2023 7,010.11
CalPERS - Classic 7/31/2023 6,554.52
Payroll Tax - EDD 7/31/2023 4,060.23
CalPERS - Medical 8/3/2023 26,541.65
DCP-AUL 8/3/2023 15,213.23
The Hartford 8/4/2023 449.99
Hassler - Postage 8/9/2023 400.00
Payroll Tax - IRS 8/14/2023 12,208.88
CalPERS - PEPRA 8/14/2023 7,010.11
CalPERS - Classic 8/14/2023 6,645.60
Payroll Tax - EDD 8/14/2023 4,072.34
AFLAC 8/15/2023 333.98
CalPERS - GASB 68 8/23/2023 700.00
Payroll Tax - IRS 8/25/2023 143.50
CalPERS - PEPRA 8/25/2023 89.38
Payroll Tax - IRS 8/28/2023 11,191.46
CalPERS - PEPRA 8/28/2023 7,042.29
CalPERS - Classic 8/28/2023 6,645.60
Payroll Tax - EDD 8/28/2023 3,850.29
Total 132,574.09
\\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval FY2023-2024

CITY OF BUELLTON
City Council Agenda Staff Report

City Manager Review: SW
Council Agenda Item No.: 3

To: The Honorable Mayor and City Council

From: Shannel Zamora, Finance Director

Meeting Date: September 14, 2023

Subject: Monthly Treasurer’s Report – July 31, 2023
______________________________________________________________________________

BACKGROUND

California Government Code Section 53646(b)(3) provides mandatory investment reporting requirements for California public agencies. The attached Treasurer’s Report complies with the State’s reporting requirement.

On June 8, 2023, Council adopted the current Investment Policy per Resolution 23-13 which states the City Finance Director, as the investment officer, must submit monthly reports to City Council to demonstrate that sufficient cash flow liquidity is available to meet the succeeding month’s estimated expenditures.

This Treasurer’s Report is for July 31, 2023. Treasurer’s Reports are presented on a monthly basis.

FISCAL IMPACT

There is no fiscal impact; this report is intended to show the City Council the financial performance of the City’s investment portfolio of idle funds.

RECOMMENDATION
That the City Council receives and files the Treasurer’s Report for the month ending July 31, 2023.

ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – July 31, 2023

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in July 31, 2023
September 14, 2023
This report presents the City’s cash activity and investment portfolio as of July 31, 2023. The report includes:
1) Cash and investments at July 31, 2023 compared to the prior month;

2) A reconciliation of cash and investments to City ledger balances; 3) All investments managed by the City on its own behalf; 4) Beginning of year fund balance, revenues, expenditures and ending fund balance for each fund at July 31, 2023
The following schedule is a summary of the City’s cash and investments based on recorded value as of July 31, 2023 compared with the prior month.

June 30, 2023 July 31, 2023 $ Change
Cash - Pooled $ 6,289,204.49 $ 6,246,399.21 $ (42,805.28) Investments held by the City 16,897,024.58 17,002,379.18 $ 105,354.60 TOTAL CASH AND INVESTMENTS $ 23,186,229.07 $ 23,248,778.39 $ 62,549.32 Summary of activity for the Month and Future Liquidity: The majority of the difference in the recorded value for cash and investments held by the City from last month is mainly due to the receipt of May 2023 sales tax revenue and June 2023 transient occupancy tax offset with reoccurring annual payments paid at the beginning of the new fiscal year. The value of investments also changed due to interest earnings on the money market fund and CDs. The portfolio is sufficiently liquid to meet expected expenditures for the coming six months.

City of Buellton

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f J u l y 3 1 , 2 0 2 3
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:

Per Statements: 7/31/2023
Mechanics Bank General Checking 6,401,143.44
Mechanics Bank Money Market 5,319,014.14
Mechanics Bank FSA 12,673.95
Local Agency Investment Fund 8,885,315.35
Multi-Securites Bank 2,798,049.69
Webster Bank - Escrow (60.00)
Total Cash per Statements: 23,416,136.57
Claim on Cash vs. Total Cash Per Statements: (105,808.86) Outstanding items per System Reconciliation: (105,808.86) Difference: -
13,203,097.11
3,516,385.68
(1,786,491.65)
7,643,677.22
(2,754,263.06)
158,196.04
36,944.10
576,923.53
370,805.80
19,388.87
788,137.27
1,036,338.20
346,148.83
-
-
93,490.45
-
23,248,778.39
6,233,785.26
5,319,014.14
12,673.95
2,798,049.69
8,885,315.35
Pooled Cash - Webster Bank Escrow (60.00) (60.00)
23,248,778.39
999-21000 Wages Payable - -
23,248,778.39
23,248,778.39
23,248,778.39
Bank Reconciliation - July 2023
City of Buellton, CA
For the Period Ending 7/31/2023
7/1/2023

BALANCE

CURRENT

ACTIVITY
7/31/2023
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (1,786,491.65) -
020-10000 Claim On Pooled Cash 7,459,423.46 184,253.76

CLAIM ON CASH
001-10000 Claim On Pooled Cash 12,962,084.85 241,012.26 005-10000 Claim On Pooled Cash 3,516,360.03 25.65
024-10000 Claim On Pooled Cash 36,809.56 134.54
025-10000 Claim On Pooled Cash 556,140.50 20,783.03
021-10000 Claim on Pooled Cash (2,754,263.06) -
023-10000 Claim On Pooled Cash 497,867.36 (339,671.32)
031-10000 Claim On Pooled Cash 748,125.18 40,012.09
032-10001 Claim On Pooled Cash 1,032,326.31 4,011.89
027-10000 Claim On Pooled Cash 372,321.18 (1,515.38)
029-10000 Claim On Pooled Cash 24,163.79 (4,774.92)
091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 177,473.28 (83,982.83)
075-10000 Claim On Pooled Cash 344,888.28 1,260.55
090-10000 Claim On Pooled Cash - -
TOTAL CLAIM ON CASH 23,187,229.07 61,549.32

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 6,279,219.66 (45,434.40) 999-10004 Pooled Cash - Brokerage 2,777,678.25 20,371.44 999-10005 Pooled Cash - LAIF 8,816,096.64 69,218.71
999-10002 Pooled Cash - Money Market 5,303,249.69 15,764.45 999-10003 Pooled Cash - FSA 10,984.83 1,689.12
999-10006 -

DUE TO OTHER FUNDS
999-27000 Due To Other Funds 23,187,229.07 61,549.32
TOTAL DUE TO OTHER FUNDS 23,187,229.07 61,549.32
TOTAL: Cash in Bank 23,187,229.07 61,549.32
-
TOTAL: Cash in Bank 23,187,229.07 61,549.32

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f J u l y 3 1 , 2 0 2 3
P a g e | 3
City of Buellton
Investment Summary
July 31, 2023
Currently, short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a high quality investment available in terms of safety, liquidity, and yield. Due to fluctuations in the marketplace, the City may have some investments with a current market value that is greater or less than the recorded value. This difference has no effect on investment yield as the City intends to hold the securities to maturity. However, generally accepted accounting principles require that market gains and losses be reported as interest earnings or losses at year-end.

Percent of
Portfolio Yield
Maturity
Term Maturity Date Par Value Market Value
Local Agency Investment Fund - LAIF 52.47% 3.15% n/a n/a $ 8,885,315.35 $ 8,885,315.35 First Technology Bank Fed Cr Union 0.61% 3.60% 5 yrs. 12/26/2023 103,000.00 102,334.62 First Technology Bank Fed Cr Union 0.59% 3.35% 5 yrs. 2/6/2024 100,000.00 99,026.00 Comenity Cap Bank 0.94% 2.80% 5 yrs. 4/15/2024 160,000.00 157,137.60 Morgan Stanley Bank 0.59% 2.75% 5 yrs. 5/2/2024 100,000.00 98,041.00 Capital One Bank 0.59% 2.00% 5 yrs. 8/21/2024 100,000.00 96,453.00 Morgan Stanley Bank 0.59% 1.90% 5 yrs. 1/23/2025 100,000.00 94,985.00 State Bk India 1.18% 1.60% 5 yrs. 4/29/2025 200,000.00 187,384.00 Sallie Mae Bank 0.71% 0.80% 5 yrs. 7/1/2025 120,000.00 110,002.80 Third Fed Savings 1.45% 3.50% 5 yrs. 6/28/2027 245,000.00 231,199.15 Morgan Stanley Bank 0.61% 3.75% 5 yrs. 6/28/2027 104,000.00 99,057.92 Capital One National Association 1.43% 4.30% 5 yrs. 9/30/2027 242,514.04 236,660.48 Global Federal Credit Union 1.47% 4.60% 5 yrs 4/17/2028 249,000.00 243,088.74 United States Treasury Bill 6.05% 5.20% 6 mo. 12/21/2023 1,024,000.00 1,002,721.28 Multi-Securities Bank - Cash in Holding 39,958.10
Money Market (Held with Mechanics Bank) 30.71% 3.56% n/a 5,200,000.00 5,319,014.14 Total City Investments 100.00% $ 16,932,829.39 $ 17,002,379.18 Certificates of Deposits (Held with Multi-Securities Bank) U.S. Treasury Securities (Held with Multi-Securities Bank)

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f J u l y 3 1 , 2 0 2 3
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The following is a fund balance schedule showing beginning fund balance at July 1, 2023 plus revenues minus expenditures for the period, resulting in ending fund balance at July 31, 2023.

Fund balance includes total assets and liabilities of the City.

As required by Government Code Section 53646 (b) (3), the chief financial officer for the City declares that there is sufficient funds to meet all obligations for the next six months.

Shannel Zamora
Shannel Zamora
Finance Director
Total Expenses July 31, 2023
Balance
556,535.26 722,051.24 13,351,892.88
115,352.32 148,009.51 3,038,750.29
006 - Wastewater Capital - - 14,246.02
020 - Water Fund 261,828.13 366,608.64 8,156,001.20
021 - Water Capital - - (105,352.36)
333.38 - 494,186.20

24.65 - 36,537.73
14,125.86 3,922.50 581,399.34
027 - Local Transportation Fund 706.44 1,666.66 369,126.14 029 - Transportation Planning 12.94 3,110.00 (106,108.32) 031 - Measure A 540.64 - 821,076.05
032 - American Relief Act Fund 735.01 - 416,488.57
075 - Trust & Agency Fund 230.94 - 12,064.69
090 - Long-Term Debt - - (4,107,720.67)
091 - General Fixed Assets - - 26,389,710.21
-
1,265,910.05 49,341,756.47
26,389,710.21
092 - Capital Improvement Proj Fund - 20,541.50 (20,541.50) 49,657,240.95 950,425.57
370,086.36
(103,011.26)
820,535.41
415,753.56
11,833.75
(4,107,720.67)
(105,352.36)
023 - Housing Fees 493,852.82
024 - Traffic Mitigation Fund 36,513.08
025 - Gas Tax Fund 571,195.98
001 - General Fund 13,517,408.86
005 - Sewer Fund 3,071,407.48
14,246.02
8,260,781.71
Fund Balance Report
City of Buellton, CA 7/31/2023
Fund July 1, 2023
Balance
Total Revenues

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 4
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: September 14, 2023
Subject: Acceptance of Bid and Award of Construction Contract for the 2022/2023 Road Maintenance Project
______________________________________________________________________________

BACKGROUND
In July of 2023, the City published a Notice to Contractors inviting sealed bids for the 2022/2023 Road Maintenance Project. The Project will include slurry seal pavement maintenance of the Rancho de Maria neighborhood, as well as localized asphalt repairs in various locations throughout the City. In addition, repairs include pavement striping, localized concrete repairs, and traffic sign replacement.

On August 8, 2023, two (2) bids were received for the project from the following contractors:

Taylor Jane
Construction
American Asphalt
Bid Schedule A Base Annual
Road
Maintenance
$488,273.00 $499,290.50
Bid Schedule B Zaca Creek GC
Parking Lot –
Slurry Seal
$52,387.00 $83,117.00
Bid Schedule C Zaca Creek GC
Parking Lot – 2”
Mill and Overlay
$152,289.00 $183,334.00
Bid Schedule D Citywide
Restriping
$148,306.00 $154,751.80
Total Bid
Schedules
(A+B+D)
Recommended
$688,966.00 $737,159.30
Staff has been coordinating with the Rancho de Maria HOA/Management Company regarding the Zaca Creek GC Parking Lot maintenance. Costs are to be shared 50/50 between the HOA and the City. At the time of writing the staff report, the Rancho de Maria HOA has not provided the option, if any, they would prefer.

Road Maintenance Project Page 2 September 14, 2023
Staff is recommending the Bid Schedules to be considered are Bid Schedules A, B, and D.

The low bidder is Taylor Jane Construction with a total bid (A+B+D) of $688,966.00, pending agreement of the Rancho de Maria HOA since they will be responsible for 50% of Bid Schedule B.

Staff has reviewed all the bid documents and has found them to be complete. Bid amounts have also been verified. Staff has reviewed and verified license, bonds and references for Taylor Jane Construction.

In addition, staff recommends adding a contingency amount of 10%, $68,896.60 for additional repairs that may be needed. This would bring the total contract amount to $757,862.60.

It is anticipated that the effective date of the Notice to Proceed for work will be issued September. The project term is 45 working days (approximate completion is November 2023).

Do note, however, if the Rancho de Maria HOA does not want to move forward with either Bid Schedule, then the total amounts will be reduced.

FISCAL IMPACT
The 22/23 Road Maintenance Project is budgeted in the Capital Improvement Project List. (092-321). Funding is appropriated in the 2023/24 Biennial budget for construction ($540,000) and project management/inspections ($85,000) through General Fund, Gas Tax (including SB1), and Measure A. A budget adjustment will need to be made to increase the construction budget by an additional $217,862.60. A reduced amount will be needed should the Rancho de Maria HOA decide not to move forward with the repairs.

RECOMMENDATION
That the Council award the 2022/23 Road Maintenance Project construction contract to Taylor Jane Construction in the amount of $688,966.00, plus a contingency amount of 10%, $68,896.60 for a total contract amount of 757,862.60, and approve a budget amendment of an additional $217,862.60 to 092-321-74100.

ATTACHMENTS
Attachment 1 – 22/23 Road Maintenance Plan Set

PAGE 101 FY2022-23 ANNUAL ROAD MAINTENANCE PROJECT
SECTION AP – APPENDICES JULY 2023
TETRA TECH, INC. CITY OF BUELLTON, CALIFORNIA

SECTION AP APPENDICES
APPENDIX A – ANNUAL ROAD MAINTENANCE MAPS
CITY – SLURRY SEAL AREA MAPS
CITY – AC DIGOUT REPAIR LOCATION MAP
CITY – CONCRETE REPAIR LOCATION MAP

RIVERVIEW PARK SIDEWALK REPLACEMENT AREA MAP

TACO BELL STRIPING

TRASH PICK UP ROUTE MAP
APPENDIX B – ZACA CREEK GOLF COURSE PARKING LOT MAP

ZACA CREEK PARKING LOT SLURRY SEAL & AC MILL AND OVERLAY MAP APPENDIX C – CITYWIDE STRIPING ATLAS MAPS

CITYWIDE STRIPING ATLAS MAPS
APPENDIX D – CITY DETAILS AND FORMS

CITY DETAILS

CITY CALTRANS ENCROACHMENT PERMIT

MATERIAL MANAGEMENT PLAN

PAGE 102 FY2022-23 ANNUAL ROAD MAINTENANCE PROJECT
SECTION AP – APPENDICES JULY 2023
TETRA TECH, INC. CITY OF BUELLTON, CALIFORNIA THI
S PAG

E INTENTIONALL
Y LEF

T BLANK

PAGE 103 FY2022-23 ANNUAL ROAD MAINTENANCE PROJECT
APPENDIX A – ANNUAL ROAD MAINTENANCE MAPS JULY 2023
TETRA TECH, INC. CITY OF BUELLTON, CALIFORNIA

APPENDIX A ANNUAL ROAD MAINTENANCE MAPS
CITY – SLURRY SEAL AREA MAPS
CITY – AC DIGOUT REPAIR LOCATION MAP
CITY – CONCRETE REPAIR LOCATION MAP

RIVERVIEW PARK SIDEWALK REPLACEMENT AREA MAP

TACO BELL STRIPING

TRASH PICK UP ROUTE MAP

Zaca Creek
Six Flags Circle
Bear Creek Drive
Six Flags Circle Shadow Mountain Drive
Victory Drive
Bundy Circle
Victory Drive
Freedom Place
Six Flags Circle
Six Flags Circle
Avenue of Flags
Private Drive
Alternate Bid
AREA 1
FY22-23 Road Maintenance
and
Pavement Marking
Plan
Legend:

Red Curb = 52 LF
= 12 (2,592 SF)
= 10 (115 SF)
= 1 (22 SF)
= 1 (20 SF)
= 23
1 inch = 130 feet
O:\Projects\San Luis Obispo\155059\200-155059-20003\CAD\SheetFiles\City Roads Maintenance Projects\FY 22-23 Road Maintenace Project\FY 22-23 Slurry And Striping.dwg TYPE II SLURRY (256,550 SF)
PER SPECS.

SHEET 1

APPENDIX A - SLURRY SEAL AREA MAPS

Legend:

Red Curb = 136 LF
= 3 (66 SF)
= 3 (60 SF)
= 8
O:\Projects\San Luis Obispo\155059\200-155059-20003\CAD\SheetFiles\City Roads Maintenance Projects\FY 22-23 Road Maintenace Project\FY 22-23 Slurry And Striping.dwg FY22-23 Road Maintenance
and
Pavement Marking
Plan
1 inch = 200 feet
TYPE II SLURRY (156,775 SF)

PER SPECS
SHEET 2

APPENDIX A - SLURRY SEAL AREA MAPS

Caltrans (N.I.C.)
O:\Projects\San Luis Obispo\155059\200-155059-20003\CAD\SheetFiles\City Roads Maintenance Projects\FY 22-23 Road Maintenace Project\FY 22-23 Slurry And Striping.dwg Legend:

Red Curb = 55 LF
= 1 (22 SF)
= 1 (20 SF)
= 1
FY22-23 Road Maintenance
and
Pavement Marking
Plan
1 inch = 70 feet
TYPE II SLURRY (32,200 SF) PER
SPECS.

SHEET 3

APPENDIX A - SLURRY SEAL AREA MAPS

  




 




















APPENDIX A - AC DIGOUT REPAIR LOCATION MAP








 












APPENDIX A - CONCRETE REPAIR LOCATION MAP



  





APPENDIX A - RIVERVIEW PARK SIDEWALK REPLACEMENT AREA MAP


























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APPENDIX A - TACO BELL STRIPING

Friday
WednesdayTuesday

APPENDIX A - TRASH PICK UP ROUTE MAP PPENDIX A - TRASH PICK UP ROUTE MAP

PAGE 112 FY2022-23 ANNUAL ROAD MAINTENANCE PROJECT
APPENDIX B – ZACA CREEK GOLF COURSE PARKING LOT MAP JULY 2023 TETRA TECH, INC. CITY OF BUELLTON, CALIFORNIA

APPENDIX B ZACA CREEK GOLF COURSE PARKING LOT MAP

ZACA CREEK PARKING LOT SLURRY SEAL & AC MILL AND OVERLAY MAP

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: September 14, 2023
Subject: Approval of Office of Traffic Safety (OTS) Grant Agreement and Consulting Services Agreement with MoveSB
______________________________________________________________________________

BACKGROUND
The City has received an Office of Traffic Safety (OTS) Grant from the State of California for the implementation of the Santa Ynez Bicycle and Pedestrian Outreach Program. The Program will provide education and outreach activities regarding pedestrian and bicycle traffic safety. Activities such as in-person or virtual training and presentations, on-foot safety trainings, bike rodeos, community bike rides, helmet fittings and outreach at community events and more will occur throughout the Santa Ynez Valley.

The OTS has authorized the allocation and funding of our grant effective October 1, 2023, in the amount of $43,739. In order to continue the process of funding, the City will need to execute the Grant Agreement (Attachment 1).

This Program is only partially funded by the OTS Grant. The Program as a whole is spearheaded by the County of Santa Barbara who has already established on-going scope of work and contract with MoveSB (formerly SBBIKE) for implementation. The Program will be a collaboration between the Cities of Buellton and Solvang, and the County of Santa Barbara. However, since the City of Buellton is the lead/recipient for the OTS Grant, the City needs to execute a contract with MoveSB for implementation with a cost breakdown for eligible activities specific to the OTS grant. Attachment 2 is the Professional Services Agreement with SBBIKE and their Scope of Work.

FISCAL IMPACT
Approval of this Grant Agreement and the SBBIKE Contract will require a budget amendment to include the Santa Ynez Valley Bicycle and Pedestrian Outreach Program to the City’s Public Works budget (001-558-60800) with a budget allocation of $43,739 from General Fund. The expenditures to this project will be reimbursed by the OTS Grant, resulting in minimal, if any, impacts to the General Fund at the completion of the Grant process.

OTS Grant Agreement Page 2 September 14, 2023

RECOMMENDATION
That the Council approve the OTS Grant Agreement and authorize the City Manager and Public Works Director to execute the Grant Agreement and any amendments or modifications as needed, approve the MoveSB Agreement for implementation of the Grant Scope of Work in an amount not to exceed $43,739 and authorize the City Manager and City Attorney to execute the Professional Services Agreement, and authorize the budget adjustment, adding the Santa Ynez Valley Bicycle and Pedestrian Outreach Program to the City’s Public Works budget (001-558-60800) with a budget allocation of $43,739.

ATTACHMENTS
Attachment 1 – OTS Grant Agreement
Attachment 2 – Professional Services Agreement with MoveSB

9/1/2023 9:11:20 PM Page 1 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS24003

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY 3. Grant Period
Buellton Public Works From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Buellton Public Works

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $43,739.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

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

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Rose Hess
Director of Public Works
[email protected]
(805) 686-0137
107 W. Highway 246
Buellton, CA 93427
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Scott Wolfe
City Manager
[email protected]
(805) 686-0137
107 W. Highway 246
Buellton, CA 93427
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Shannel Zamora
Finance Director
[email protected]
(805) 686-0137
107 W. Highway 246
Buellton, CA 93427
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)

9/1/2023 9:11:20 PM Page 2 of 15

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $43,739.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$43,739.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $43,739.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

PDM4WJ1QB2G4
107 W Highway 246
Buellton
93427-9455
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

9/1/2023 9:11:20 PM Page 3 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS24003

1. PROBLEM STATEMENT
The Santa Ynez Valley is a rural community comprised of two cities, Buellton and Solvang, and several unincorporated communities in Santa Barbara County. Despite OTS's Crash Rankings not reflecting a pedestrian or bicyclist traffic safety problem, in the cities of Buellton and Solvang, from 2017-2021, there were 18 pedestrian or bicycle related crashes and 20 injuries. Three of those crashes involved youth under

18. The primary target population of this grant project is youth under 18 and the secondary population, adult parents.

As of 2020, 13.9 percent of Santa Ynez residents were born outside of the U.S. and may not be familiar with California laws, infrastructure, and best practices of safe driving, cycling and walking. The poverty rate in the Valley is also 14.35 percent. Agriculture is the primary industry in this area, and agricultural workers, migrant, and immigrant community members, may also be experiencing reduced quality of life, lack of access to resources, and stress, due to long work hours and low wages. Children of underserved families may also be experiencing fewer after-school activities from lack of transportation and increased family responsibilities.

Mobility counts have not been recorded in these communities, but we would like to remedy that through grant funding.

The Santa Ynez Valley is bordered on three sides within approximately 14 miles in any direction by state highways. The main highway that connects most of the communities is a busy two-lane road with high traffic volumes. While these small communities are working to improve the safety of their roads, these highways continue to be barriers to safe walking and biking making pedestrian and bicycle safety education paramount.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of pedestrians killed under age 15 in traffic crashes.

6. Reduce the number of pedestrians injured under age 15 in traffic crashes.

7. Reduce the number of pedestrians killed over age 65 in traffic crashes.

8. Reduce the number of pedestrians injured over age 65 in traffic crashes.

9. Reduce the number of bicyclists killed in traffic crashes.

10. Reduce the number of bicyclists injured in traffic crashes.

11. Reduce the number of bicyclists under age 15 killed in traffic crashes.

12. Reduce the number of bicyclists under age 15 injured in traffic crashes.

13. Increase bicycle helmet usage.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate in traffic safety fairs and/or community events with an effort to reach individuals.
5 3. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 4. Conduct pedestrian and/or bicycle safety presentations with an effort to reach youth.
12

9/1/2023 9:11:20 PM Page 4 of 15

5. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.
1 6. Develop bicycle and pedestrian safety educational materials to be distributed during classroom presentations, workshops, and community events. 1 7. Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A presurvey will be required to determine the base year helmet use rate and a postsurvey will be required to determine the operational rate. Upload completed survey to GEMS.
2 8. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 200

9. Purchase bicycle helmets. 200

10. Hold quarterly meetings with countywide pedestrian and/or bicycle safety stakeholders to collaborate on events, share best practices, and leverage resources.
4 11. Conduct bicycle rodeos with an effort to reach youth. 5

12. Conduct Bike Safety Skills classes with an effort to reach students. Include date/location of each event and total number of students participating. 40 13. Conduct Mobility Counts in elementary schools to gather transportation mode split data. Include date/location, total number of participants and a short summary of key transportation and/or safety concerns observed at each location. Upload data to GEMS.
5 14. Execute subcontract referenced in the budget. Prior to finalizing the subcontract, grantee will work with the OTS to ensure all costs in the subcontract are allowable.

Upon execution of subcontract, upload executed subcontract to GEMS and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA. 1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is

9/1/2023 9:11:20 PM Page 5 of 15
distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.

9/1/2023 9:11:20 PM Page 6 of 15
 Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PS24003

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PS-24 20.600 State and Community Highway
Safety
$43,739.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety Education
Program - $43,739
402PS-24 $43,739.00 1 $43,739.00
Bicycle Helmets 402PS-24 $0.00 200 $0.00
Pedestrian/Bicycle Safety Items 402PS-24 $0.00 1 $0.00
Educational Materials 402PS-24 $0.00 1 $0.00
Category Sub-Total $43,739.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $43,739.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PS24003

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety Education Program - $43,739 - Buellton Public Works Agency will seek a contractor to assist with fulfilling the goals and objectives of this grant. Work rendered for this program will include the following expenses: fees to provide pedestrian and bicycle safety education to students at local schools and attendees of local community events and safety fairs.

Prior to finalizing the subcontract, grantee will work with the OTS to ensure the subcontract budget and all costs are allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to the OTS and will request a grant budget revision to include the associated costs of the subcontract in the grant budget as a prerequisite for claiming these costs.

Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.
200 x $15 = $3,000
Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS.
1 x $3,500 = $3,500
Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS.
1 x $750 = $750

EQUIPMENT
-

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PS24003
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

2023 Buellton Standard Consulting Agreement

AGREEMENT FOR SERVICES

BY AND BETWEEN

THE CITY OF BUELLTON
AND
MOVE Santa Barbara County

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AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF BUELLTON
AND
MOVE Santa Barbara County
This Agreement for Services (“Agreement”) is entered into as of this 14th day of September 2023 by and between the City of Buellton, a California municipal corporation (“City”) and MOVE Santa Barbara County (“Service Provider”). City and Service Provider are sometimes individually referred to as “Party” and collectively referred to as the “Parties.”

RECITALS
A. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Buellton’s Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for 18 months commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, as determined by City in its sole and absolute discretion, the Service Provider shall be

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deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized by City in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed forty three thousand seven hundred thirteen dollars ($_43,713_), unless additional compensation is approved by City in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractors. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” includes payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review and approve, in City’s sole discretion, each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice. (d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider nor shall payment to Service Provider be deemed a waiver of any other breach or default by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept

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Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents (whether digital, physical or otherwise) prepared, developed, received or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. All documents shall be turned over to City within thirty (30) days of completion, expiration or termination of this Agreement.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and other records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records (whether digital, physical or otherwise) evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement.

Any and all such documents or records shall be maintained for at minimum three (3) years from the date of completion, expiration or termination of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures, whichever period of time is longer.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so, as determined by City in its sole and absolute discretion; otherwise, unless an

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alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded for any reason, including due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent Contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.

It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition, marital status or other legally protected class in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform nonrelated services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary", provided Service Provider gives City written notice of such court order or subpoena. (c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Service Provider’s conduct.
(d) Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the unilateral right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider before submission of such discovery responses. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response, nor shall City be responsible for any deadlines imposed upon Service Provider.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall immediately indemnify, protect, defend (using legal counsel

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reasonably approved by City) and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful or willful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-Service Providers of Service Provider, in the performance of professional services under this Agreement. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation attorney fees, expert fees and all other costs and fees of defense and litigation. Service Provider shall promptly pay any final judgment rendered against the City (and its officers, employees, agents and volunteers) with respect to claims determined by a trier of fact to have been the result of the Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
(a) (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend (using legal counsel reasonably approved by City) and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-Service Providers of Service Provider. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation attorney fees, expert fees and all other costs and fees of defense and litigation. Service Provider shall promptly pay any final judgment rendered against the City (and its officers, employees, agents and volunteers) with respect to claims determined by a trier of fact to have been the result of the Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. (b) (c) Indemnification from Subcontractors. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no

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additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (c) (d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term “design professional,” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. The obligation to defend contained herein shall begin immediately upon notice from City of such duty. In the event a design professional is found to have partial or no liability pursuant to Civil Code Section 2782.8, the design professional shall be permitted to seek reimbursement for defense costs, including attorneys’ fees, but shall be obligated to provide for immediate defense and indemnity to City upon request. (e) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager, in City’s sole and absolute discretion. Service Provider shall provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities that will fulfill the duties and obligations imposed upon Service Provider under this Agreement.

In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors as permitted by this Agreement.

SECTION 19. CONTINUITY OF PERSONNEL.

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Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City, in writing, of any changes in Service Provider’s staff and sub-Service Providers, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fails to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reason(s) for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended by City, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.

If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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SECTION 22. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices to be given by either party shall be in writing and shall be sufficiently given or made by (i) delivery in person; (ii) first class, registered or certified mail, postage prepaid; or iii) overnight courier addressed to the other party at its address set forth herein or at such other address as the other party may have designated by notice given:

To City: City of Buellton
Attn: City Manager
107 West Highway 246
Buellton, CA 93427
To Service Provider: MOVE Santa Barbara County
Attn: Heather Deutsch
__________________________
__________________________
Notice shall be deemed effective on the date personally delivered or, if mailed, five (5) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds,

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consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Buellton Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Buellton Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Santa Barbara, California. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Central District of California.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

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SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF BUELLTON
__________________________
Scott Wolfe
City Manager
ATTEST:
___________________________
Linda Reid
City Clerk

APPROVED AS TO FORM
_______________________________
Gregory M. Murphy
City Attorney

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___________________________________
By: By:
_________________________________
Its: ______________________________ Its: ___________________________ NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.

LA #4860-3290-7566 v2
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )
On ____________________, 20__, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

LA #4860-3290-7566 v2

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )
On ____________________, 20__, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above

LA #4860-3290-7566 v2
A-1
EXHIBIT "A"

SCOPE OF SERVICES
Please refer to MOVE Santa Barbara County proposal attached and dated August 31, 2023.

MoveSBCounty.org
(805) 845-8955
MAILING ADDRESS:

P.O. Box 92047
Santa Barbara, CA 93190
SANTA BARBARA OFFICE:
508 E. Haley St.

Santa Barbara, CA 93101
SANTA MARIA OFFICE:
310 Oak St.

Santa Maria, CA 93454
August 31, 2923
Attn: Rose Hess, PE
Public Works Director / City Engineer
City of Buellton
107 West Highway 246
Buellton, CA 93427
RE: Office of Traffic Safety (OTS) Grant to Enhance Safety for Bicyclists and Pedestrians in the Santa Ynez Valley
Proposal Summary
The mission of the Santa Barbara Bicycle Coalition (dba MOVE Santa Barbara County (MOVE)) is to promote walking, bicycling and public transportation county-wide to create healthy, sustainable and equitable communities. Our feature services include a bicycle and pedestrian education program in schools and at community events.

The following scope and budget describe the work to be provided by MOVE in the Santa Ynez Valley. This work is expected to be funded by OTS. The work is expected to begin on Oct 1, 2023 (or as soon as an agreement is signed with the City of Buellton) and end no later than Sept 31, 2024. Quarterly Reports will be provided by MOVE to the City of Buellton to document the work completed as needed by OTS grant requirements.

Scope of Work
The following task list describes the work to be completed during the project timeframe. It includes the number of presentations, helmets to be distributed, etc. where applicable.

1. Issue Press Release (1). Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.

2. Participate in Community Events (5). Participate in traffic safety fairs and/or community events with an effort to reach individuals.

3. Participate in National Campaigns (4). Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.

4. Conduct Safety Presentations (12). Conduct pedestrian and/or bicycle safety presentations with an effort to reach youth.

PG 2

5. Distribute Safety Items. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.

6. Purchase Safety Items. Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.

Additional items may be purchased if approved by OTS.

7. Develop Educational Material. Develop bicycle and pedestrian safety educational materials to be distributed during classroom presentations, workshops, and community events.

8. Purchase Educational Material. Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS.

9. Conduct Bicycle Helmet Usage Studies (2). Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A pre-survey will be required to determine the base year helmet use rate and a post-survey will be required to determine the operational rate. Upload completed survey to GEMS.

10. Distribute Helmets (200). Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events.

11. Purchase Helmets (200). Purchase bicycle helmets. Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.

12. Host Quarterly Meetings (4). Hold quarterly meetings with countywide pedestrian and/or bicycle safety stakeholders to collaborate on events, share best practices, and leverage resources.

13. Conduct Bicycle Rodeos (5). Conduct bicycle rodeos with an effort to reach youth.

14. Conduct Bike Safety Skills Classes (40). Conduct Bicycle Safety Education and Training for students at all elementary schools in collaboration with participating schools. Classes will typically consist of four sessions during PE and will include helmet fitting, a bicycle safety check, clothing check and skills such as stopping, yielding, using turn signals, among others.

Bicycles and helmets will be provided for all students. Program includes instructors, course material, set up and take down and options for PE teachers to learn the curricum. Reporting will include date/location, total number of students completing each course and number of new students who learned to ride for the first time.

15. Conduct Mobility Counts (5). Conduct Mobility Counts in elementary schools to gather transportation mode split data. Include date/location, total number of participants and a short summary of key transportation and/or safety concerns observed at each location. Upload data to GEMS.

PG 3
Budget
The following budget describes the cost for each task. Progress Reports and Invoices will be submitted on a quarterly basis or as directly by the City of Buellton.

We look forward to supporting the City of Buellton’s work to increase safety and access for people walking and bicycling in the Santa Ynez Valley. Please do not hesitate to contact us if you have further questions.

Sincerely,
Heather Deutsch
Executive Director
MOVE Santa Barbara County

OFFICE OF TRAFFIC SAFETY (OTS) CITY OF BUELLTON BUDGET
Grant
Objective # Task Qty Unit Unit Price Labor Cost Direct Costs Total Cost Assumptions 1 Issue Press Release 1 EA $ 230.00 $ 230.00 $ 230.00
2 Participate in
Community Events
5 EA $ 2,295.00 $ 11,475.00 $ 11,475.00
3 Participate in National
Campaigns
4 EA $ 911.00 $ 3,644.00 $ 3,644.00
4 Conduct Safety
Presentations
12 EA $ 180.00 $ 2,160.00 $ 2,160.00
5 Distribute Safety
Items
Distributed during Campaigns
and Community Events
5 Purchase Safety Items 1 LS $ 3,500.00 $ 3,500.00 $ 3,500.00 6 Develop Educational
Material
1 LS $ 3,270.00 $ 3,270.00 $ 3,270.00
6 Purchase Educational
Material
1 LS $ 750.00 $ 750.00 $ 750.00
7 Conduct Bicycle
Helmet Usage Studies
2 EA $ 450.00 $ 900.00 $ 900.00
8 Distribute Helmets
Distributed at Community
Events
9 Purchase Helmets 200 EA $ 15.00 $ 3,000.00 $ 3,000.00 10 Host Quarterly
Meetings
4 EA $ 196.00 $ 784.00 $ 784.00
11 Conduct Bicycle
Rodeos
5 Conducted at Community
Events
12 Conduct Bike Safety
Skills Classes
40 EA $ 350.00 $ 14,000.00 $ 14,000.00
13 Conduct Mobility
Counts
5 Conducted in schools at part of
bicycle education coordination.
$ 36,463.00 $ 7,250.00 $43,713.00 TOTAL

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EXHIBIT "B"

COMPENSATION
Proposal Cost provided is $43,713.

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EXHIBIT "C"

INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees.

Insurance is to be placed with insurers with a current A.M. Best's rating is an assigned policyholders’ Rating of A (or higher) and Financial Size Category Class VII (or larger).

Only the following “marked” requirements are applicable and Service Provider shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
_x_ Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
_x__ Automobile Liability. Service provider shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Service Provider arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles. _x__ Workers’ Compensation. Workers' Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Service Provider and all risks to such persons under this Agreement.
____ Professional (Errors and Omissions) Liability. Professional liability insurance appropriate to the Service Provider’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

Service Provider shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Service Provider agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this agreement.

1. Minimum Limits of Insurance. Service Provider shall maintain limits of insurance no less than:

LA #4860-3290-7566 v2
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(1) Commercial General Liability. $1,000,000 per occurrence, $2,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability. No less than $1,000,000 combined single limit for each accident.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence and Employer’s Liability Insurance with limits of at least $1,000,000. (4) Professional Liability. $1,000,000 per claim and in the aggregate.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
(2) Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(3) Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Service Provider maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

LA #4860-3290-7566 v2
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(4) Coverage provided by the Service Provider shall be primary and any insurance or self-insurance or maintained by Agency shall not be required to contribute to it.

The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect is as a named insured.
(5) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.

C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Service Provider shall furnish certificates and endorsements from each subcontractor identical to those Service Provider provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6

To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: September 14, 2023
Subject: Consideration of Affordable Housing Agreement with People’s Self Help Housing for the Buellton Garden Apartments Project ______________________________________________________________________________

BACKGROUND
People’s Self Help Housing Corporation is the applicant and prospective developer of the Buellton Garden Apartments Project, which received entitlements on November 17, 2022.

This project will construct an eighty-nine (89) unit multi-family residential affordable housing development, located at 10 McMurray Road (Assessor’s Parcel Number 137-200- 087), just south of the Albertson’s shopping center.

The project is proposed on one of the City’s Affordable Housing Overlay Zone sites, which requires that 20% of the 89 units (18 units) be made affordable in the very low, low, and moderate income categories. The project has been conditioned to deed restrict the minimum required 18 units as affordable, which include eight (8) very low income units, five (5) low income units, and five (5) moderate income units required per the Net RHNA Goals defined in Section 19.16.012 of the Affordable Housing Ordinance.

In order to memorialize the affordable nature of this project an Affordable Housing Agreement (the “Agreement”) has been prepared (see Attachment 1). As a condition precedent to obtaining a building permit, the Agreement must be approved by Council. The purpose of this Agreement is to assure that the developer complies with the requirements associated with the conditions of approval for the property, particularly as they pertain to the provision of affordable housing. The rents for all affordable units to be provided are to be capped at limits set forth in the TCAC Guidelines. These rent caps are to be in place for a minimum of fifty-five (55) years. The Agreement also establishes the process of the leasing, the income certification, and the allowable occupancy for units which are income qualified. It also provides a process for subsequent income qualification and procedures for addressing increasing or decreasing incomes of tenants.

Buellton Garden Affordable Housing Agreement Page 2 September 14, 2023 As the City Council may be aware, the project has been described as 100% affordable. This is because the project has entered into an agreement for funding through the California Tax Credit Allocation Committee (TCAC) to restrict 88 of the 89 units to very low income units, and that agreement dictates the actual affordability that will be in the project. For purposes of the City’s Affordable Housing Agreement, the TCAC agreement will not conflict with the number of units required by the Agreement (as the project will provide more than is required in the Agreement), nor would it conflict with the affordability level required since all 88 restricted units will be occupied by households below the maximum moderate and low income levels, meeting the intent of the affordability level restrictions in the Agreement.

FISCAL IMPACT
The adoption of the Affordable Housing Agreement is not expected to have an impact to the City’s General Fund.

RECOMMENDATION
Staff recommends that the City Council review and authorize the City Manager to execute the accompanying Draft Affordable Housing Agreement for the Buellton Garden Apartments Project.

ATTACHMENTS
Attachment 1 - Draft Affordable Housing Agreement

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RECORDING REQUESTED BY AND
RETURN TO:

City of Buellton
P.O. Box 1819
Buellton, California 93427
Attention: City Clerk

APN. 137-200-087
(Space Above This Line for Recorder’s Office Use Only)
Exempt from recording fees pursuant to Govt Code 6103
DOCUMENTARY TRANSFER TAX $0

AGREEMENT TO PROVIDE AFFORDABLE HOUSING

CITY OF BUELLTON
THIS AGREEMENT TO PROVIDE AFFORDABLE HOUSING (this
“Agreement”) is made and entered into for reference purposes only as of August 10, 2023, by and between the CITY OF BUELLTON, a general law city (the “City”), and BUELLTON GARDEN APARTMENTS, L.P., a California nonprofit public benefit corporation (the “Owner”), with reference to the following facts

RECITALS
A. Owner owns fee title to that certain real property located at 10 McMurray Road, in the City of Buellton, California, Assessor Parcel Number 137-200-087, and more particularly described in Exhibit A attached hereto (the “Property”).

B. Pursuant to Planning Commission Resolutions No. 22-12, the City approved the following (the “Resolution”):
(i) The Final Development Plan for the Property, including site and floor plans and architectural renderings for developing eighty-nine (89) apartment units within two buildings
which includes eight-eight (88) affordable residential
apartment units, with one apartment unit designated for an onsite property manager, on approximately three and six one hundredths (3.06) acres of land, Case No. 12-FDP-02 (the “Project”).

C. The Project site has a General Plan designation of General Commerical (zoned CR – General Commerical), with an Affordable Housing Overlay Zone (AHOZ), within a portion of AHOZ Site IX. As set forth in paragraph 102 of the Resolution, pursuant to Section 19.16.013 of the Buellton California Muncipal Code pertaining to the AHOZ, 20% of the 89 uits (18 units) must be made affordable in the very low, low, and moderate income categories. Therefore, eight very low income units, five

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low income units, and five moderate income units are required for the Project. As a condition preceent to obtaining a building permit, the Owner is required to submt this Agreement for review and approval by City Council prior to execution, and as a condition prerequisite to obtaining a final building inspection clearance, this Agreement must be recorded in the official records of Santa Barbara County.

D. Owner desires to comply with the conditions of approval by renting or leasing, or holding available for rent or lease, such number of dwelling units within the Project to income-eligible tenants at affordable housing rents in accordance with the terms, conditions, covenants, restrictions, liens, servitudes, and charges set forth in this Agreement.

E. The purpose of this Agreement is to ensure that the Owner complies with such conditions for approval.

NOW, THEREFORE, for good and valuable consideration the Parties hereto agree as follows:

1. Definitions. Except where otherwise noted, the definitions appearing in this Section apply throughout this Agreement. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise.

1.1 Affordable Rent. The term "Affordable Rent" means for Very Low Income Households, 50% of Area Median Income, adjusted for Household size, multiplied by 30% and divided by 12; for Low Income Households, 60% of Area Median Income adjusted for Household size, multiplied by 30% and divided by 12; and for Moderate Income Households, 110% of Area Median Income adjusted for Household size, multiplied by 30% and divided by

12. 1.2 Affordable Unit. The term “Affordable Unit” means the 18 residential apartment units located on the Property that are restricted by this Agreement

1.3 Applicant. The term “Applicant” means any Household who applies for an Affordable Unit.

1.4 Area Median Income. The term “Area Median Income” means the then current annual 100% income for the County of Santa Barbara as published by TCAC.

1.5 Certificate of Occupancy. The term “Certificate of Occupancy” means a certificate issued by the Building and Safety Department, County of Santa Barbara (acting on behalf of and through the City of Buellton) of a certificate signifying completion and approval for initial occupancy of the Project (or equivalent approval).

1.6 City. The term “City” means the City of Buellton and its permitted successors and assigns.

1.7 Effective Date. The term “Effective Date” means the date this Agreement is recorded in the official records of Santa Barbara County.

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1.8 Household. The term “Household” means an individual, or two (2) or more Persons, whether or not they are related by blood, marriage, or adoption, residing together as a single housekeeping unit in a dwelling.

1.9 Household Income. The term “Household Income,” means total anticipated income of an Applicant or a Household occupying an Affordable Unit as determined under Tax Credit Rules.

1.10 Income Category. The term “Income Category” means the following categories:

1.10.1 Very Low Income Category. The “Very Low Income Category” encompasses all Qualified Tenants whose Household Incomes qualify as Very Low Income.

1.10.2 Low Income Category. The “Low Income Category” encompasses all Qualified Tenants whose Household Incomes qualify as Low Income.

1.10.3 Moderate Income Category. The “Moderate Income Category” encompasses all Qualified Tenants whose Household Incomes qualify as Moderate Income.

1.11 Low Income. The term “Low Income” encompasses all Households whose Household Incomes do not exceed the qualifying limits for 80% incomes as published by TCAC.

1.12 Marketing Plan. The term “Marketing Plan” has the meaning ascribed to it in Section 5.2.

1.13 Moderate Income. The term “Moderate Income” encompasses all Households whose Household Incomes do not exceed one hundred twenty (120) percent of the Area Median Income, adjusted for family size, and published in Title 25, Section 6932, of the California Code of Regulations.

1.14 Owner. The term “Owner” means Buellton Garden Apartments, L.P. and its successors and assigns.

1.15 Parties. The term “Parties” means and includes the City and the Owner.

1.16 Person. The term “Person” means any individual, Household, partnership, corporation, or association.

1.17 Project. The term “Project” has the meaning ascribed to it in Paragraph B of the Recitals.

1.18 Property. The term “Property” has the meaning ascribed to it in Paragraph A of the Recitals.

1.19 Qualified Tenant. The term “Qualified Tenant” means an Applicant whose Household Income meets the occupancy restrictions specified in Section 4.2 hereof.

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1.20 Rent. The term “Rent” means the total of all rent payable to the Owner for the use and occupancy of the Affordable Units and the land and facilities associated therewith including the Utility Allowance.

1.21 Tax Credit Rules. The term "Tax Credit Rules" shall refer to the rules governing the federal low income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as amended, and the California low income housing tax credits pursuant to Sections 12206, 17058 and 23610.5 of the California Revenue and Taxation Code, all as administered in California by TCAC.

1.22 TCAC. The term "TCAC" shall refer to the California Tax Credit Allocation Committee.

1.23 Term. The term “Term” means the term of this Agreement set forth in Section 3.

1.24 Unit Type. The term “Unit Type” means the size and amenities of a particular dwelling relative to number of bedrooms, quantity of baths, total square footage and similar distinguishing factors.

1.25 Utility Allowance. The allowance for utilities, including garbage collection, sewer, water, electricity, gas, and other heating, cooking and refrigeration fuels and excluding telephone service, calculated as required by TCAC.

1.26 Very Low Income. The term “Very Low Income” encompasses all Households whose Household Incomes do not exceed the qualifying limits for 50% incomes as published by TCAC.

2. Purpose and Scope of Agreement. Owner understands that this Agreement’s purpose and objective is to obtain and provide affordable housing to income eligible families by creating conditions, covenants and restrictions subject to which the Affordable Units shall be occupied, owned, maintained, held, leased, rented, sold, and conveyed.

3. Term. This Agreement shall commence as of the Effective Date and shall terminate on the fifty-fifth (55th) anniversary of the issuance of the certificate of occupancy for the Project or, in the event documentation of a certificate of occupancy cannot be located or established, the fifty-seventh (57) anniversary of the date of the recordation of this Agreement.

4. Affordability Covenants.

4.1 Restriction. During the Term, Owner agrees to rent or lease, or make available for rent or lease, eight (8) units to Very Low Income Households at the applicable Affordable Rent; five (5) units to Low Income Households at the applicable Affordable Rent; and five (5) units to Moderate Income Households at the applicable Affordable Rent, and subject to the terms and conditions set forth in this Agreement. After the Term, Owner shall have the right to rent or lease, or make available for rent or lease, the Affordable Units unrestricted in any manner.

4.2 Exceptions. Exceptions from the terms of this Agreement, including deviations from established eligibility criteria, may be granted by the City when, because of special

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circumstances applicable to the Property or Qualified Tenants, the strict application of such terms conflicts with the underlying purpose of this Agreement. Any exception granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall appropriately implement purposes and objectives of this Agreement. Examples of when a reduction, adjustment or waiver may be appropriate include, but are not limited to, the Tax Credit Rules, use of Section 8 Certificates or Vouchers and similar special purpose government and non-profit programs with statutory constraints that conflict with the technical requirements of this Agreement.

5. Qualifying Tenants.

5.1 Qualifications. The Affordable Units must be occupied, or reserved for occupancy, by certified Very Low Income Households, Low Income Households or Moderate Income Households, as set forth herein. Owner shall rent or lease Affordable Units only to person(s) who are certified by Owner to be Qualified Tenants. To be a Qualified Tenant of an Affordable Unit, the Household Income of the applicant must be certified as provided in Section 5.3, below, and must satisfy the property manager’s standard tenant selection criteria.

5.2 Marketing. Owner shall rent or lease and offer for rent or lease the Affordable Units in compliance with the Marketing Plan attached hereto as Exhibit B (the “Marketing Plan”).

5.3 Income Certification. Owner shall obtain and maintain on file, immediately prior to initial occupancy and not less frequently than required by TCAC thereafter, income certifications, in the form required by TCAC, completed and executed by each Qualified Tenant renting an Affordable Unit. In addition, Owner shall have the right to include provisions in the Leases requiring the Qualified Tenants or current occupants to provide to Owner updated income certifications in the event of any change in Household Income applicable to the Affordable Unit occupied by such Qualified Tenant or current occupant. In determining whether an Applicant or current occupant is a Qualified Tenant, as well as compliant with the Income Category and Affordable Rent applicable to each Qualified Tenant, Owner shall comply with the Tax Credit Rules. Copies of tenant income certifications shall be available to the City upon request.

5.4 Lease. Each Lease of an Affordable Unit to Qualified Tenants shall in the form of the Owner's standard form lease, which is has been approved by the City as evidenced by execution of this Agreement, subject to revisions required by changes in law and the Owner's investor(s) and lender(s).

5.5 Authorized Occupancy. The right of occupancy of each Affordable Unit shall be exclusive to Qualified Tenants and such occupancy shall be limited to the members of the Household whose names shall be expressly stated in the Lease. No occupant shall assign the Lease, nor sublet or transfer possession of the Affordable Unit, nor give accommodation to boarders or lodgers, nor support, permit, use or maintain the Affordable Unit, any purpose other than as a private dwelling for the exclusive use and benefit of the named members of the Household in the Lease.

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6. Maximum Allowable Rent.

6.1 Calculation and Amount. The maximum monthly Rent that may be charged by the Owner for use and occupancy of Affordable Units by Qualified Tenants shall be the Affordable Rent.

6.2 Changes in Income of Occupants. In the event, upon re-certification of income, the Owner determines a Qualified Tenant renting an Affordable Unit no longer qualifies in the Income Category for which such Qualified Tenant was previously classified, the Tax Credit Rules shall be followed on how to address that Qualified Tenant.

6.3 Rent Increases. Rents on any Affordable Unit may be increased, upon a minimum of thirty (30) days prior written notice to the Qualified Tenant, including pursuant to Section 6.2 or concurrently with or subsequent to an increase in Area Median Income as set forth in the then current TCAC Income Limits and Maximum Rents published by TCAC. The rents charged following such an increase, or upon a vacancy and new occupancy by a Qualified Tenant, shall not exceed Affordable Rent.

6.4 Security Deposits. The Owner shall not require rental deposits in excess of two (2)-month’s rent for an Affordable Unit, nor shall such deposits exceed the amount charged for a Market Rate Unit.

6.5 Management. Owner is responsible for all management functions with respect to the Property, including without limitation the selection of Tenants, certification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. Such management functions shall be performed by Owner or by an experienced, professional management company or organization designated by Owner. The City shall have no responsibility over management of the Property.

7. Monitoring. The Project will be monitored by the following entities in connection with the anticipated financing for the Project: TCAC, the California Department of Housing and Community Development, the issuer of any tax-exempt bonds, the low income housing tax credit investor in the Project, and the County of Santa Barbara. Owner agrees to provide to the City, upon request, copies of any reports made to these other entities with regard to income certifications, Rents charged and inspections of the Affordable Units.

8. Compliance with TCAC Requirements. During the term of any TCAC regulatory agreement, compliance with the TCAC Regulatory Agreement shall be deemed compliance with the requirements of this Agreement.

9. Subordination. The City agrees to subordinate this Regulatory Agreement to construction and/or permanent lenders on the Project and agrees to execute and consent to the recordation of subordination agreements to this effect, provided such subordination agreements provide the City notice and cure rights.

10. Non-Discrimination. The Owner shall not discriminate or segregate in the use, enjoyment, occupancy, conveyance, lease, sublease, or rental of Units on the basis of race, color,

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ancestry, national origin, religion, sex, sexual preference, age (except as permitted under fair housing law for senior housing developments), marital status, family status, source of income, physical or mental disability, Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions (ARC), or any other arbitrary basis. The Owner shall include a statement in all advertisements, notices and signs for the availability of Units for rent to the effect that the Owner is an Equal Housing Opportunity Provider.

11. General Provisions.

11.1 Successors and Assigns. This Agreement shall bind and the benefit hereof shall inure to the Owner and its successors in interest and assigns, and to the City and its successors, designees, or assigns, for the term hereof. The Property is held and hereafter shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the covenants, conditions, restrictions and limitations of this Agreement. All of the herein-stated covenants, conditions, restrictions and limitations are intended to constitute both equitable servitudes and covenants running with the land. Any purchaser of or successor in interest, transferee or assignee to the Property or of any portion of or interest in the Property, no matter how that interest is acquired, shall be deemed to have taken title with knowledge of this Agreement and to have personally covenanted, consented to and accepted the covenants, conditions, restrictions and limitations set forth herein. Any lessee of the Property shall be subject to the restrictions of this Agreement, by the execution of a rental agreement or lease or by taking possession of any Affordable Unit on the Property, whichever occurs first, and shall also be deemed to have knowledge of this Agreement and to have personally covenanted, consented to, and accepted the covenants, conditions, restrictions, and limitations set forth herein. The terms and conditions of this Agreement shall not apply to and be enforceable against a former owner of the Property, unless the former owner was in breach of this Agreement at the time of transfer. A former owner shall not be responsible or liable for any breach occurring after a transfer of the Property.

11.2 Notices. All notices (other than telephone notices), certificates or other communications (other than telephone communications) required or permitted hereunder shall be sufficiently given and should be deemed given when personally delivered or when sent by telegram, or forty-eight (48) hours following mailing by registered or certified mail, postage prepaid, or twenty-four hours following transmission of such notice by express mail, Federal Express or similar carriers, addressed as follows:

If to the City:

City of Buellton
Attn: City Manager
107 W. Highway 246/ P.O. Box 1819
Buellton, California 92427

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If to the Owner:

Buellton Garden Apartments, L.P.

Attn: CEO & President
1060 Kendall Road,
San Luis Obispo, CA 93401

11.3 Entire Agreement. This Agreement constitutes the entire and final agreement and understanding between the Parties with respect to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements relating to the subject matter hereof. The Exhibits referred to herein are integral parts hereof and are hereby made a part of this Agreement.

11.4 Severability. If any term, covenant or condition contained herein shall, to any extent, be invalid or unenforceable in any respect under the laws governing this Agreement, the remainder of this Agreement shall not be affected thereby, and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

11.5 Amendments. This Agreement may be amended only by a written instrument executed by the City and Owner or their successors in title, and duly recorded in the real property records of the County of Santa Barbara, California.

11.6 Recording and Filing. The City and Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Santa Barbara.

11.7 Waiver. Neither Party hereto shall be deemed to have waived any of its rights or remedies hereunder unless such waiver be in writing and signed by said Party or its duly authorized representative, and then only to the extent specifically set forth therein. A waiver of one event shall not be construed as continuing or a bar or waiver of any right or remedy on a subsequent event.

11.8 Attorneys’ Fees. If any action or proceeding is brought to enforce, interpret, or set aside this Agreement, the prevailing party shall be entitled to recover all costs and attorneys’ fees incurred in connection with such action or proceeding.

11.9 Choice of Law; Consent to Exclusive Jurisdiction. This Agreement shall be in all respects governed by and construed and enforced in accordance with federal Law or the laws of the State of California, including all matters of construction, validity and performance, without regard to choice of law rules which would otherwise require reference to the laws of some other jurisdiction. The Parties hereby consent to the jurisdiction of the Superior Court of the County of Santa Barbara and the United States Federal District Court for the Central District of California and agree that such courts shall have exclusive jurisdiction over any suit, claim or cause of action arising out of or related to this Agreement.

11.10 Relationship of the Parties. Neither Party is the legal representative or agent of the other Party for any purpose whatsoever and neither party shall have the power or authority to

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assume or create, in writing or otherwise, any obligation or responsibility of any kind, express or implied, to transact business, to make any warranty or otherwise to act in any manner in the name of or on behalf of the other Party. This Agreement shall not be construed as constituting or creating a partnership between the Parties or as creating any other form of legal association between the parties which would impose liability upon one Party for the act or the failure to act of the other Party.

11.11 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

11.12 Exhibits. The following Exhibits are attached to this Agreement and incorporated into this Agreement:

Exhibit A: Legal Description of Property
Exhibit B: Marketing Plan
[Signatures on Following Page]

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IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date. “OWNER” “CITY”
Buellton Garden Apartments, L.P., CITY OF BUELLTON, a general law city a California limited partnership
By: Buellton Garden Apartments LLC,
a California limited liability company,
its managing general partner
By: People’s Self-Help Housing Corporation,
a California nonprofit public benefit corporation,
its sole member/manager
By: By: ________________________________
Kenneth Trigueiro, CEO and President Scott Wolfe, City Manager

Date: ________________ Date: ______________
[Signatures mut be Acknowledged]

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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

650\154\3063482.4
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

A-1
650\154\3063482.4
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EXHIBIT A
Legal Description of Property
Real property in the City of Buellton, County of Santa Barbara, State of California, described as follows:

LOT 1 OF TRACT 31009 IN THE CITY OF BUELLTON, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 182, PAGES 9 THROUGH 13 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM ALL OIL, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES, INCLUDING

NATURAL GAS, IN, ON AND UNDER THAT PORTION OF SAID LAND, AS EXCEPTED IN THE DEED FROM PAUL NIELSEN, ET UX. TO HAROLD A. MATHIESEN, ET UX., RECORDED SEPTEMBER 19, 1958 AS INSTRUMENT NO. 22849 IN BOOK 1556, PAGE 152 OF OFFICIAL RECORDS.

APN: 137-200-087

B-1
826.058/526143

EXHIBIT B
Marketing Plan
The following is a summary of Owner’s Marketing Plan for the initial leasing of the Affordable Units. As vacancies in the Affordable Units become available, Owner shall fill such vacancies in accordance with the terms of this Agreement and the Tax Credit Rules.

A. Owner will advertise the Project in, at least, one newspaper of general circulation.

B. This Agreement binds Owner to this Marketing Plan.

C. Project advertising shall conform to the requirements of the Fair Housing Act and other applicable fair housing laws.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 7
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: September 14, 2023
Subject: Acceptance of Bid and Award of Construction Contract for the Village Park Improvements Project

BACKGROUND
In August, 2023, the City published a Request for Informal Bids for the Village Park Improvements Project. The Project will include the construction and installation of a shade structure over existing playground facilities and new, 3-bay, 6-swing swing set facility. In addition, installation will include engineered wood fiber, and all appurtenant features such as curbing, relocated irrigation, etc.

On August 31, 2023, two (2) bids were received for the project from the following contractors:

Unlimited
Engineering
Zoom Recreation
Total Bid $92,500.00 $180,071.37
*Note, Zoom bid had minor mathematical error. Amount shown are the corrected amounts Staff has reviewed all the bid documents and has found them to be complete. Bid amounts have also been verified. Staff has reviewed and verified license, for Unlimited Engineering.

In addition, staff recommends adding a contingency amount of 10%, $9,250 for additional repairs that may be needed. This would bring the total contract amount to $101,750.00.

It is anticipated that the effective date of the Notice to Proceed for work will be issued September. The materials/equipment delivery time is approximately 8-12 weeks once design details are finalized. Installation time is approximately 3 weeks, for an anticipated completion date of February 2024).

Village Park Improvements Page 2 September 14, 2023

FISCAL IMPACT
The Village Park Improvements Project is budgeted in the Capital Improvement Project List (092-222). Funding is appropriated in the 2023/24 Biennial budget for construction ($80,000) through General Fund. A budget adjustment will need to be made to increase the construction budget by an additional $21,750.

RECOMMENDATION
That the Council award the Village Park Improvement Project construction contract to Unlimited Engineering in the amount of $92,500, plus a contingency amount of 10%, $9,250 for a total amount of $101,750, and approve a budget amendment of an additional $21,750 to 092-222-74100.

CITY OF BUELLTON
City Council Agenda Staff Report

City Manager Review: SW
Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Andrea Keefer, Planning Director
Meeting Date: September 14, 2023
Subject: Discussion and Possible Approval of Fall Fest Carnival on the Avenue of Flags and Consideration of Funding Request for the Event
______________________________________________________________________________

BACKGROUND
An application has been filed by Andres Nuño on behalf of En Fuego Events for the proposed Buellton Fall Festival Event. The proposed event dates are Friday, November 10th through Sunday November 12th, with set up beginning on November 9th through November 13th, and tear down concluding on November 13th. The event would include a three-day event on the Avenue of Flags Medians featuring a carnival with rides and games, live music on two stages, a street fair, and food and alcohol vendors. The event is open to the public and admission to the event would be free. This would be the third year the event takes place on the Avenue of Flags. Attachment 1 includes an overall vicinity map and event site plan. The location of the event, event site plan and traffic control plan remain essentially the same as last year with one change to relocate the 40 yard MarBorg waste bins to the vacant lot next to Houston’s Liquor.

The event will be held primarily on Median 3, but will also include small portions of the southern end of Median 2 for a main entry/exit point and restroom facilities. Median 2 is proposed to be utilized for permit parking for event staff and to accommodate parking needs for Hotel Hygge and Hotel San Marcos. A portion of the event will also be held on private property, at 518 Avenue of Flags. This portion of the event will include a large portion of the carnival rides and games for the event. The property located at 450 Avenue of Flags, the location of the County Lane Motel, is proposed to be utilized for band parking.

The property located at 560 Avenue of Flags is proposed to be utilized for vendor parking.

Street closures are proposed in order to accommodate the event. These closures are proposed to begin on November 9th and continue through Monday, November 13th, at which time all street closures will re-open. Attachment 2 includes a description of the proposed times/dates/locations of the proposed street closures as well as a map depicting the traffic flow/traffic control plan as a result of the street closures.

Fall Fest Carnival on Avenue of Flags Page 2 September 14, 2023 Traffic will be re-routed for the duration of the event, beginning on November 9th, and ending on Monday November 13th.

Parking/Traffic
The event is expected to generate a significant parking demand and will increase traffic temporarily in the area. As such, the applicant has provided a parking plan (Attachment 3) for the event. The goal of these plans is to provide adequate circulation and parking to accommodate the event, while minimizing the impacts to nearby residents and businesses.

With an event of this kind in any location within the City, there will be short term adverse impacts to nearby businesses and residents. However, given the proximity of residences to both the event setup itself and the sources of available parking for the event, the need to direct traffic appropriately and for the applicant to provide sufficient parking capacity are paramount.

Traffic control is extremely important to this event, given the complete closure of portions of the Avenue of Flags, and the desire to keep commercial traffic off of Central Avenue. A series of signs directing truck traffic to McMurray Road from the southbound 101 offramp, along with “Resident Traffic Only” signs, will work to minimize traffic impacts on residential streets.

Parking will be provided on the newly-constructed Median 2, at Pea Soup Andersen’s, and at the Chumash Resource Building property on McMurray Road. There will be two monitors for the duration of the event, one located near the Chumash Resource Building, as you approach R.T. Buell overpass, and one of the other side of the overpass, as you approach the event entrance. This is to ensure the safety of guests utilizing the parking at the Chumash Resource Building. In addition to the designated parking areas for the event, there is also available street parking or other public parking, such as the Park and Ride at the south end of Avenue of Flags. It is anticipated that residents who live nearby will walk or be dropped off at the event.

Based upon the same event that took place last year, use of the offsite parking was limited.

However, the applicant will still be providing offsite parking as an option and the parking is expected to reduce some of the on-street parking. Additionally, many attendees will be able to walk or cycle to the event, including residents along Avenue of Flags, to include Ranch de Maria neighborhood, and significant portions of the City to the west of Avenue of Flags. Local hotel guests of Flying Flags are also in close proximity and would not likely need to drive to the location to park.

Noise
The event will be located within the Right-of-Way along the Avenue of Flags and on private property within the immediately vicinity of existing residential uses. As such, the applicant will be required to employ a noise monitor for the duration of the event. The noise monitor will be responsible for monitoring noise levels and ensuring that amplified

Fall Fest Carnival on Avenue of Flags Page 3 September 14, 2023 music, carnival rides and other noises generated from the event are maintained at levels appropriate to the time of day. The noise monitor should also be available by phone to nearby residents and businesses that should be given that contact number to call in the event that concerns arise. Additionally, the main stage should be positioned such that they are direct away from nearby residences to the extent feasible to minimize noise impacts associated with the amplified music.

Safety
The safety of the event guests, staff and residents is the top priority. Numerous considerations exist for the protection of public safety throughout this event. The site layout and operational plans are currently being reviewed by the City Engineer, as well as the Fire Department and Sheriff’s Department and any requirements of these departments will be required to be followed for the duration of the event.

In addition to the selection of sites for parking, off site safety concerns include the traffic control to direct vehicles around the street closures, measures to protect pedestrians traveling to and from the event site, and maintaining access ways for emergency vehicle access throughout the event.

On-site measures include physical site security in the form of controlled access points, adequate circulation and visibility within the site, and staff of critical locations with security guards. Additional security monitoring will be provide by Santa Barbara County Sheriff’s Deputies who will be on site during operating hours to provide a law enforcement presence.

The applicant has proposed to close off Avenue of Flags to vehicular traffic at the location of Hotel Hygge and Hotel San Marcos. To accommodate parking at these sites, the applicant is proposing that a portion of the parking spaces on Median 2 are designated for residents and visitors of those hotels.

Use of Medians
Special event applications typically do not require formal City Council approval, and instead require a staff level approval. However, due to the duration of the event (BMC Section 12.24.040), City Council approval is required for this event. A copy of the Draft Special Event Permit is included as Attachment 4. Conditions may be added, removed, or amended at this point, and staff is requesting input on concerns from the City Council to help finalize the conditions. As staff works with the applicant on final details of the event and comments from all departments are received in the remaining weeks leading up to the event, additional conditions may be added to address any issues that may arise.

Fall Fest Carnival on Avenue of Flags Page 4 September 14, 2023 Funding Request
The event applicant is requesting a contribution from the City in the amount of $8,000. The applicant has indicated that their request reflects the total cost of traffic control signs and barricades for traffic control for the event. City Council should also consider authorizing the funding for the event. Should the City Council determine that approval of the funding request is appropriate, staff would recommend that the Council direct funding to take place as a reimbursement in an amount not to exceed $8,000, with payment being made to the applicant following the submittal of paid invoices for traffic control services to the City.

RECOMMENDATION
That the City Council review the Buellton Fall Festival Event plans and attachments, and consider approval of the event from November 10th through November 12th, 2023, with road closures, and set up and tear down occurring between November 19th and November 13th, 2023. Staff also recommends that the City Council consider authorizing the funding request of the applicant in the amount of $8,000.

ATTACHMENTS
Attachment 1 – Overall Vicinity Map and Event Site Plan Attachment 2 – Street Closures/Traffic Control Plan
Attachment 3 – Parking Plan
Attachment 4 – Draft Special Event Permit

BUELLTON FALL FEST KEY
STAGE

CARNIVAL RIDES / GAMES
BARS

FENCLINE

STREET FAIRE VENDORS

FOOD VENDORS

SECURITY

EVENT BORDER

RESTROOMS

ENTRY / EXIT

EMERGENCY EXIT

EMT / SECURITY

GENERATOR
40 YARDER

CLOSURE

CLOSURE
STAFF
&
PERMIT

PARKING
ONLY
VENDOR

PARKING
70’
195’
275’
275’

CARNIVAL

RIDES &
GAMES

FERRIS WHEEL

CARNIVAL RIDES / GAMES
ENTRY
EXIT
EM. EXIT
EM. EXIT
EM. EXIT
EM. EXIT
EM. EXIT
EM. EXIT
EM. EXIT
BAR

BAR BAR
STAGE
MAIN
STAGE
315’
RR
RR
RR
NOVEMBER 10TH - 12TH
BUELLTON 2023
“FUN FOR THE
WHOLE FAMILY!”
20 X 30
TENT
20 X 30
TENT
20 X 30
TENT
ENTRY

EXIT ENTRYEXIT
CONTACTS:

ANDRES NUNO
(805) 448-7070

MIKE VANSTRY
(805) 705-5993

EN FUEGO EVENTS
[email protected]
EMT
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx xxx
xxx
xxx xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
xxx
A xxx
B
C

D HOTEL

SAN MARCOS
HOTEL
HYGEE
BARN
TONOS
A 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
B
C
xxx
40 yarders

2023 Street Closures
Event: November 10th - 12th, 2023
Thursday, November 9th, 2023
6 a.m. - Avenue of the Flags (Southbound) from Parking Lot Entrance to 2nd Street intersection
(Closure will still allow tra  c t o go East / West on 2nd Street) Avenue of the Flags (Northbound) where it meets the end of Hotel Hygee (Residents of Avenue Heights would still be able to leave driveway and travel North on Avenue of the Flags)
Friday, November 10th, 2023
Avenue of the Flags (Soutbound) at Rufus T. Buell Drive intersection (Only Permit Parking and Residents will be able to enter) Monday, November 13th, 2023
8 a.m. - All street closures re-opened
En Fuego Events Contact:

Andres Nuno (805) 448-7070
info@surfb eerfest.com
Mike VanStry (805) 705-5993
[email protected]

BUELLTON FALL FEST 2023

STREET CLOSURE MAP
NOVEMBER 9TH - 13TH

BUELLTON

FALL FEST
HOTEL

SAN MARCOS
HOTEL
HYGEE
AVE

HEIGHTS
HWY 246

AVE OF FLAGS

AVE OF FLAGS
McMurray Rd.
2nd St.
1st St.

Rufus Buell Dr.
3 1
2 1 2

BUELLTON FALL FEST PARKING MAP
NOVEMBER 10-12, 2023

PERMIT PARKING
597 Avenue of the Flags

RESIDENTIAL

PARKING
ONLY

RESIDENTIAL

PARKING
ONLY

RESIDENTIAL

PARKING
ONLY

SYV MARRIOTT

PARKING ONLY

SYV MARRIOTT

PARKING ONLY

FREE EVENT PARKING
Pea Soup Andersens
376 Avenue of the
Flags

BAND PARKING
450 Avene of Flags
(Next to Country Lane
Motel)

BUELLTON

FALL FEST
McMurray Avenue
Ave of the Flags
Hwy 246
Southbound Hwy 101
Northbound Hwy 101

VENDOR PARKING

FREE EVENT PARKING
585 McMurray Ave.

Chumash Casino
Resource Center

1 City of Buellton
Special Event Permit Application
It is the City’s desire that all groups and individuals who would like to stage a special event which utilizes public facilities (medians, streets, sidewalks, parks etc.) and has a significant impact on the community be able to do so in a manner which assures both the safety of the public and the success of the event. An application and agreement process has been set in place to achieve these goals.

Special Events FAQs
Q: Who needs to complete a Special Events Application?
A: Any group or individual who would like to put on an event that will 1) utilize public facilities (e.g., medians, streets, sidewalks, parks, etc.) and/or 2) have a significant impact on the community. For example, a street festival or parade on the Avenue of Flags or its landscaped medians would require a Special Events Application. A private party at River View Park would not (there is a simple form for group picnic area reservations at the Park on the City website).

Q: How far ahead of time does an event sponsor need to complete a Special Event Permit Application?
A: A Special Event Permit Application must be submitted at least 45 days before the event (movie film crews may be allowed to apply for a permit on shorter notice). Each application is reviewed on a case-bycase basis by multiple departments within the City to determine the need for security, traffic management, waste disposal, and other considerations that accompany special events. During this time, a City representative will work with the sponsor to address any concerns regarding the event and to obtain compliance with any conditions the City may require in order to permit the event.

Q: Is there a fee associated with the Special Events Application? A: There is a $100 fee to process your Special Events Application, and there are costs associated with putting on a special event that are the responsibility of the event sponsor. All events are required to carry a minimum of one million dollars ($1,000,000) liability insurance naming the City as additionally insured for the entirety of time City property is being used, including set up and clean up. All events with over 50 people in attendance are required to provide a damage deposit of $500 to the City. Additional costs depend on the size and scope of the event and services required (these will be detailed in the application). For example, if the event requires Sheriff’s involvement for traffic control, etc. a deposit in the amount of $2,500 will be required.

Q: When will the event be approved and when can it be publicized? A: After the City has reviewed the Application and addressed any concerns regarding the event, an official Special Event Permit will be issued. Then, and only then, is the event approved. This document will permit the event as described in the Application and may include conditions of approval depending on its size and scope. Only after the Special Event Permit has been issued should publicizing of the event occur.

Q: Is there a limit on the number or size of special events at River View Park? A: Yes, the limits on the number or size of special events at River View Park are as follows:

Up to 1 event per year of 2500-3000 attendees
Up to 4 events per year of 1000-2500 attendees
Up to 5 events per year of under 1000 attendees
Q: Are there any restrictions on the frequency of Special Events? A: The City requires a minimum of two weeks between Special Events. Please check with the Planning Department as to the availability of your proposed date.

2 SPECIAL EVENT PERMIT APPLICATION
NOTE: These permit rules are in addition to Buellton Municipal Code Chapter 12.24 Median Strips in Avenue of Flags and Chapter 12.28 Park and Recreational Facilities.

Event Title ________________
Event Sponsor (Group or individual) ________________________ Event Organizer (This is the person responsible for organizing the event and is authorized to make all decisions related to the event and the Application process.) Name__________________ Phone_______________ E-mail __________________________ Street Address_________________________________________________________________ City___________________ State _____ ZIP ______________ Fax ______________________ Additional cell # for day of event________ alternate contact name/phone__________________ Event Type (you may check more than one)
 Auto Show
 Athletic Event
 Concert/Performance
 Farmers/Outdoor Market
 Festival/Celebration
 Parade
 Other ________________
Event Description and Location (briefly describe the event and where it is to take place) Event Date/Time
Date(s) of event ____________________
Start Time (including set up)___________Stop Time (including clean up)__________ (If it is a multi-day event, please include start and stop times for each day) Event Estimated Attendance (per day, if more than one day)_____________________ Buellton Fall Festival 2023
En Fuego Events / Buellton Chamber of Commerce
Andres Nuno 805-448-7070 [email protected]
1072 Casitas Pass Rd. #232
Carpinteria CA 93013
805-705-5993
Mike VanStry
X
The Buellton Fall Festival is a free admission, family-friendly event that includes Carnival Games & Rides, 30+ bands on 2 stages, merchant and food vendors and more! This is our 3rd annual event and we are looking forward to putting another great event for the community.

November 10th - 12th, 2023
Nov. 9th, 8 am November 13th at 12 p.m.
5,000

3 Event Checklist
Please use the following checklist to provide the City with more detailed information about the proposed event and to refine the event plan. For each item checked, please include the appropriate information; attach additional sheets if necessary.  Event Site Plan (Clearly draw the proposed layout of the event on the map provided. Be sure to show the locations of any street closure requests, portable structures, vendor booths, first aid facilities, barricades, show vehicles or animals, signs/banners, and any other information that will better assist the City in reviewing the activities associated with the event.)
 Admission Fees (Are entry or participant fees required? Please describe.)  Parade (See parade route map provided. All parades will require a traffic management plan approved by the Sheriff’s Department)
 Race (Will the event feature an organized run, walk, or bicycle race? Please describe.)  Portable Restrooms (Portable restrooms may be required if the event will last longer than one hour and if permanent restrooms are not available on site. One chemical toilet for every 250 people in attendance is recommended with at least 10% of toilets ADA accessible. How many portable toilets will the sponsor provide? Where? Please describe.)  Parking (Will your event require off-site parking? Please describe where.) ___________________________________________________________________________  Trash/Recycling (The sponsor is responsible for providing proper disposal of trash/recycling during the event and the area should be returned to a clean condition at the conclusion of the event. How many trash cans and recycling containers will the sponsor provide? Where? Please describe.)
 Music/Amplified Sound (Will musical entertainment be a part of the event and will amplified sound be used in any way? Please describe.) The allowable decibel level for amplified music is 65 dbl. The City requires onsite monitoring by the Code Enforcement Officer.

We will have over 40 restrooms throughout the event.

We would like to use the parking lot of Avenue of the Flags again for hotels, band and staff.

We will have over 60 trash / recycle bins and a 40 yard dumpster.

There will be 2 stages on each end of the event.

4  Security (see Conditions of Use #9)
 Vendors (Will the event include commercial vendors? Will there be vendor fees? Please describe.)
 Food (Will food be served at the event? Will it be prepared on site? Will food be sold? Please describe. All food preparation and sales must comply with County Public Health Department standards, Call Rick Furtado: 346-8480)
 Alcohol (Will alcohol be served? Any event where alcohol is present requires a security plan approved by the Sheriff’s Department. Will alcohol be sold? The sale of alcohol requires a Special Daily License from Alcoholic Beverage Control, 543-7183, and a Seller’s Permit from the Board of Equalization, 1-800-400-7115)  Power (Will the event require electric power? Please describe. City provided power may be available upon request at cost.)
 Water (Will the event require water? Please describe. City provided water may be available upon request at cost.)
 City Staff Assistance (Will the event require City staff time or assistance? Please describe. Large events may be required to have staff monitor. City will bill for staff time at $90/hour.)
 Other (Please describe any other important aspect of the event not covered above.) Yes, we will have merchant and food vendors on site. Fee is $400 per vendor.

We will obtain a Health Permit and have food trucks / vendors on site.

There will be 3 bar locations and an ABC permit will be pulled for the event.

We will be bringing in generators for the event. No City power is needed.

No city staff is needed.

5 Agreement
In consideration of the issuance of a permit by the City, the Sponsor agrees to accept the following terms and conditions.

Definitions
City – the City of Buellton
Sponsor – the authorized agent of the group or individual applying for an event permit Event – the special event proposed in this application
Public Property – parks, streets, sidewalks, right of ways, or other City owned facilities used by Applicant during an event
A. Conditions of Use

1. A person who is at least eighteen (18) years of age must sign this agreement. If alcohol will be served, a person who is at least twenty-one (21) years of age must sign this agreement.

2. Sponsor shall provide the City with a single contact who is to serve as the representative for Sponsor’s activities.

3. Sponsor shall be responsible for securing all required permits and licenses.

4. Any Public Property shall be used for the purpose stated in the application and no other use will be permitted.

5. Sponsor shall not use the City’s name to suggest endorsement or sponsorship of the Event without prior written approval of the City Manager or his/her designee. Sponsor’s publicity of the Event shall clearly and accurately identify the name of the sponsoring organization or individual and shall not use the City’s name in any manner except to designate the location of the event.

6. Sponsor shall permit any City employees to visit the Event described in this application to insure compliance with Event terms and conditions.

7. Under no circumstances shall Sponsor sublease or allow any other organization or individual to use the Public Property for the period which the Sponsor has contracted. Sponsor is an independent contractor and not the agent or employee of the City.

8. In the event that Public Property is left damaged, Sponsor shall be charged for any and all janitorial and/or repair fees incurred by City as a result of same and these fees shall be billed to Sponsor.

9. The City, at its sole discretion, may require a certain number of security officers for the Event.

Sponsor shall be responsible for procuring and paying for security officers through the City or a private security agency.

10. Sponsor is solely responsible for supervising all individuals on Public Property during the Event.

The City is not responsible for providing this supervision. However, the City may evict individuals from the Event if their conduct is not in the best interest of the public or is deemed to be detrimental in any way.

6 11. Sponsor, caterers, bands, transportation of rental equipment, and related individuals and activities will not be permitted access to Public Property prior to or after the Event time period. Sponsor shall be responsible for arranging access during the time requested for entry and exit of the facility.

12. Sponsor shall be responsible for all clean up of Public Property at the end of the Event. Sponsor shall pick up, bag, and remove all trash generated by all activity in any way connected with the Event, leaving Public Property clean and free of all trash and litter.

13. Sponsor shall not store any equipment or materials on Public Property without prior written approval of the City Manager or his/her designee.

14. Sponsor shall not remove, or relocate City property for any reason without prior written approval of the City Manager or his/her designee.

15. Sponsor shall secure the approval of the City before using audio/visual systems, public address systems, and live or recorded amplified music. Sponsor shall not record, televise, or broadcast the Event or any portion thereof without prior written approval of the City Manager or his/her designee.

16. Sponsor shall comply with all local, state, and federal laws and regulations related to the use of Public Property.

17. Gambling of any kind is not permitted on Public Property.

18. If Sponsor violates any part of this agreement or reports false information to the City, the City may refuse Applicant further Event use of Public Property and Sponsor shall forfeit a portion of or all of the deposit.

19. The City may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community.

20. Any person aggrieved by the City’s decision with respect to this Agreement may appeal to the City Manager or his/her designee in writing no later than five (5) days after the City’s decision has been communicated to the aggrieved party.

21. It any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

B. Indemnification and Insurance

1. Sponsor shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liabilities for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected to the Sponsor’s use of Public Property, unless solely caused by the gross negligence or willful misconduct of the City, its officers, employees, or agents.

2. Sponsor shall procure and maintain general liability insurance against any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected to the Sponsor’s use of Public Property in the amount of one million dollars ($1,000,000) per occurrence.

Such insurance shall name the City, its officers, employees, and agents as additionally insured prior to the event date. Said insurance certificate should cover all dates including set up and tear down dates.

Sponsor shall file certificates of such insurance with the City, which shall be endorsed to provide thirty

7 (30) days notice to the City of cancellation or any change of coverage or limits. If a copy of the insurance certificate is not on file prior to the event, the City may deny permitting the event.

3. Sponsor shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with the Sponsor’s use of Public Property to the City Manager or his/her designee, in writing and as soon as practicable.

4. Sponsor waives any right of recovery against the City, its officers, employees, and agents for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond their control. Sponsor shall not charge results of “acts of God” to the City, its officers, employees, or agents.

5. Sponsor waives any right of recovery against the City, its officer, employees, and agents for indemnification, contribution, or declaratory relief arising out of or in any way connected with Sponsor’s use of Public Property, even if the City, its officers, employees, or agents seek recovery against Sponsor.

IMPORTANT – READ BEFORE SIGNING
I am an authorized agent of the organization submitting this Agreement. The information provided in this Agreement is true and correct. I have read and understand this Agreement and the Sponsor agrees to all of the aforementioned rules, regulations, and conditions of use.

Sponsor____________________
Signature and Title of Responsible Person _____________________________Date_______ Print Name___________________________
Updated 7/16
Andres Nuno / Event Organizer 2/7/23
Andres Nuno
Buellton Chamber of Commerce / En Fuego Events

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 9
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting date: September 14, 2023
Subject: Consideration of Arts & Culture Project Application: People Helping People Project Proposal
________________________________________________________________________

BACKGROUND
The City’s Arts and Culture Committee has received an application requesting grant funds to augment a celebration of Hispanic heritage to be held at Esfuerza Winery on September 27th to kick off Hispanic Heritage Month, which runs from September 15 to October 15.

The application requests $5,000 in grant funds for the purpose of providing a stage, music, portable toilets, sound equipment, lighting, and advertising for this event. The event itself would feature music and the “Corazon de Oro” Ballet Folklorico group, along with food trucks at the site of the winery at 140 Industrial Way. A description of the project is included as Attachment 1.

Any funds granted to the applicant, that are not spent for the items requested, are required to be returned to the City.

The Arts & Culture Committee had not discussed the Project at the time of the preparation of this agenda, but was scheduled to meet on the matter on September

11. Staff will provide an update on the Committee’s discussion and recommendation at the September 14th City Council meeting.

FISCAL IMPACT
The fiscal impact would be $5,000 from the General Fund. The FY 23/24 Budget includes $100,000 budgeted for the Arts & Culture Committee.

RECOMMENDATION
That the City Council consider approving $5,000 to fund the People Helping People Hispanic Heritage Month Project, subject to the recommendation of the Arts and Culture Committee.

Arts & Culture Project Page 2 September 14, 2023

ATTACHMENTS
Attachment 1: Hispanic Heritage Month Celebration Project Application

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 10

To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: September 14, 2023
Subject: Ordinance No. 23-01 – “An Ordinance of the City Council of the City of Buellton, California, Re-Adopting Chapter 8.12 of the Buellton Municipal Code Pertaining to the 2022 California Fire Code as Adopted and Amended by the County of Santa Barbara” (Introduction and First Reading)

BACKGROUND
The City contracts with the County of Santa Barbara for all fire related services, including emergency response and fire inspection services. As such, the City has adopted the California Fire Code as adopted and amended by Chapter 15 of the Santa Barbara County Code as the fire code of the City of Buellton.

As a housekeeping item, the City regularly updates its Municipal Code to reflect the most current versions of the California Fire Code and Chapter 15 of the Santa Barbara County Code. This proposed ordinance amendment (Ordinance No. 23-01) updates the California Fire Code from the 2019 to the current 2022 version, and continues to incorporate by reference all changes to Chapter 15 of the Santa Barbara County Code (Attachment 1).

The following are the proposed changes to Section 8.12.020 (new text is underlined and deleted text is in strikeout):

8.12.020 Adoption of California Fire Code and Chapter 15 of the Santa Barbara County Code.

The 2022 2019 edition of the California Fire Code as adopted and amended by the Santa Barbara County board of supervisors as Chapter 15 of the Santa Barbara County Code is hereby ratified and adopted by reference as the fire code of the city.

Ordinance No. 23-01 Page 2 September 14, 2023
This agenda item is listed as a Business Item rather than a Public Hearing. While this is not typical of an item proposing the adoption of an ordinance, it is proper procedure pursuant to CA Government Code Section 50022.3, which specifies the notice requirements for the adoption of an ordinance by reference. The second reading of this ordinance will take place at a future meeting (proposed for October 12, 2023) as a noticed Public Hearing. Prior to this public hearing, the state-required public notice, consisting of publication in a newspaper of general circulation, for two successive weeks with at least five days between them, will have been made.

ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

RECOMMENDATION
That the City Council consider the introduction and first reading of Ordinance No. 23-01 – “An Ordinance of the City Council of the City of Buellton, California, Re-Adopting Chapter 8.12 of the Buellton Municipal Code Pertaining to the 2022 California Fire Code as Adopted and Amended by the County of Santa Barbara” by title only and waive further reading.

ATTACHMENTS
Ordinance No. 23-01
Attachment 1 - Santa Barbara County Ordinance No. 5170 (Adopting 2022 Fire Code)

ORDINANCE NO. 23-01

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF BUELLTON, CALIFORNIA, RE-ADOPTING
CHAPTER 8.12 OF THE BUELLTON MUNICIPAL
CODE PERTAINING TO THE 2022 CALIFORNIA FIRE

CODE AS ADOPTED AND AMENDED BY THE

COUNTY OF SANTA BARBARA
SECTION 1: The City contracts with the County of Santa Barbara for all fire related services, including emergency response and fire inspection services. As such, the City has adopted the California Fire Code as adopted and amended by Chapter 15 of the Santa Barbara County Code as the fire code of the City of Buellton. As a housekeeping item, the City regularly updates the Municipal Code to reflect the most current versions of the California Fire Code and Chapter 15 of the Santa Barbara County Code. This proposed ordinance amendment updates the California Fire Code from the 2019 to the current 2022 version, and continues to incorporate by reference all changes to Chapter 15 of the Santa Barbara County Code.

SECTION 2: All proceedings having been duly taken as required by law, and upon review of the information provided in the staff report, consideration of the testimony given at the public hearing, as well as other pertinent information, the City Council finds the following:

A. Record. Prior to rendering a decision on any aspect of the proposed ordinance amendment, the City Council considered the following:

1. All public testimony, both written and oral, received in conjunction with that certain public hearing conducted by the City Council on October 12, 2023 (“Public Hearing”).

2. All oral, written and visual materials presented by City staff in conjunction with the Public Hearing.

3. The following informational documents which, by this reference, are incorporated herein.
a. The staff report submitted to the City Council dated October 12, 2023 (the “Staff Report”).

B. Public Review. On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in California Government Code Section 50022.3 and the Buellton Municipal Code have been lawfully satisfied:

Ordinance No. 23-01 Page 2 September 14, 2023

1. A notice was published in a legal section of a newspaper of general circulation on September 21, 2023, and September 28, 2023.

2. The Public Notice was posted in two public locations on September 21, 2023, a minimum of 10 days in advance of the Public Hearing.

C. Environmental Review. The Council finds that the actions contemplated by this ordinance are exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment.

SECTION 3. ADOPTION:

THE CITY COUNCIL OF THE CITY OF BUELLTON DOES HEREBY

ORDAIN AS FOLLOWS (ADDITIONS ARE UNDERLINED, DELETIONS ARE IN STRIKEOUT):

8.12.020 Adoption of California Fire Code and Chapter 15 of the Santa Barbara County Code.

The 2022 2019 edition of the California Fire Code as adopted and amended by the Santa Barbara County board of supervisors as Chapter 15 of the Santa Barbara County Code is hereby ratified and adopted by reference as the fire code of the city.

SECTION 4: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

SECTION 5: The City Clerk: (i) shall certify as to the passage of this Ordinance and shall cause the same to be published as required by law; (ii) is hereby authorized and directed to make typographical, grammatical and similar corrections in the final text of the Ordinance so long as such corrections do not constitute substantive changes in context; and (iii) cause the Buellton Municipal Code to be reprinted by deleting language contained within Section 3 of this Ordinance that is stricken and adding language that is underlined.

Ordinance No. 23-01 Page 3 September 14, 2023

PASSED, APPROVED, AND ADOPTED this _____ of October, 2023.

_______________________________
Dave King
Mayor
ATTEST:

Linda Reid
City Clerk

AN ORDINANCE AMENDING CHAPTER 15 OF THE SANTA BARBARA
COUNTY CODE, ADOPTING THE 2022 CALIFORNIA FIRE CODE AND PORTIONS OF THE 2021 INTERNATIONAL FIRE CODE AS AMENDED

IN THIS ORDINANCE, AND A FIRE CODE FEE SCHEDULE
ORDINANCE NO. 5170
An ordinance of the County of Santa Barbara amending Chapter 15 of the Santa Barbara County Code to adopt the 2022 edition of the California Fire Code and portions of the 2021 International Fire Code as amended in this ordinance, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the County of Santa Barbara; providing for the issuance of permits and collection of fees therefore.

The Board of Supervisors of the County of Santa Barbara, State of California, ordains as follows:

Section One
Chapter 15 of the Santa Barbara County Code is amended in the following manner:

1. Article I, entitled: “Adoption of the 2019 California Fire Code” is deleted and replaced with Article I, entitled “Adoption of the 2022 California Fire Code and portions of the 2021 International Fire Code.”

2. Article V, entitled “Fees”, incorporates a current fire code fee schedule with no changes to the existing fee schedule, however Article V is amended to update references to the 2022 California Fire Code.

3. Article VI entitled “Violations-Legal Actions” is amended to update the reference to the 2022 California Fire Code in Sec. 15-125 Citations – Enforcement procedures; all other provisions of Chapter 15 shall remain in effect.

Section Two
Chapter 15 of the Santa Barbara County Code is amended as follows:

CHAPTER 15 - FIRE PREVENTION
Article I. Adoption of the 2022 California Fire Code and portions of the 2021 International Fire Code
Sec. 15-1. - Adoption of 2022 California Fire Code.

The board of supervisors of the County of Santa Barbara for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, adopts the

2022 edition of the California Fire Code (hereinafter 2022 California Fire Code or "CFC") and the following provisions of the 2021 edition of the International Fire Code, including Chapters 1—80 and Appendix Chapters 4, A, B, BB, C, CC, D, E, F, G, H, I, J, K, L, M, N and O as published by the International Code Council, that are added and/or amended by section 15-3 of this chapter. A copy of the 2022 edition of the California Fire Code is on file with the clerk of the board of supervisors and is incorporated by reference.

Amendments to the 2022 California Fire Code and portions of the 2021 International Fire Code are set forth below in Sec. 15-3. An amendment, including an addition or a deletion, only amends the referenced section and does not, by omission of reference, delete any other section.

This article shall be controlling in all areas within the Santa Barbara County Fire Protection District and all other unincorporated areas of the county, except the areas within the Carpinteria/Summerland Fire Protection District, Montecito Fire Protection District, Vandenberg Air Force Base, and Bureau of Indian Affairs Lands, unless otherwise specified by this chapter. (Ord. No. XXXX, §§ 1, 2, XX-XX-XXXX)
Sec. 15-2. - Rules of construction.
(a) Wherever the word "jurisdiction" is used in the CFC it shall mean all areas within the Santa Barbara County Fire Protection District and all other unincorporated areas of the county, except the areas within the Carpinteria/Summerland Fire Protection District, Montecito Fire Protection District, Vandenberg Air Force Base, and Bureau of Indian Affairs lands, unless otherwise specified by this chapter. (b) Whenever the words "chief" and/or "fire chief" of the Santa Barbara County Fire Department are used they shall be held to mean the Santa Barbara County Fire Chief, also known as the "fire warden, or his or her designee."
(c) Whenever the words "building department" are used they shall be held to mean the Building and Safety Division of the Santa Barbara County Planning and Development Department. (d) Whenever the words "police department" and "police" are used they shall be held to include the Santa Barbara County Sheriff Department or the law enforcement agency that has legal jurisdiction. (e) Whenever the words "California Building Code" and "building code" are used they shall be held to include the building code as adopted under Chapter 10 of the Santa Barbara County Code. (f) Whenever the words "California Electrical Code" are used it shall be held to include the electrical code as adopted under Chapter 10 of the Santa Barbara County Code. (g) Whenever the words "California Residential Code" and "residential code" are used they shall be held to include the residential code as adopted under Chapter 10 of the Santa Barbara County Code. (h) Whenever the words "County Land Use and Development Code" are used it shall be held to include the County Land Use and Development Code adopted under Chapter 35 of the Santa Barbara County Code.
(i) Whenever the words "fire protection certificate" (FPC) are used it means the application for review of any of the following:

1. Any new building or structure that requires a building permit.

2. Any residential building or structure that adds an accumulation of one thousand square feet or more to the existing enclosed floor area.

3. Any commercial building or structure that adds an accumulation of five hundred square feet or more to the existing enclosed floor area.

4. Any building or structure that adds any square footage to the existing enclosed floor area causing the subsequent enclosed floor area to equal or exceed three thousand six hundred square feet.

5. Any building or structure that demolishes, reconstructs and/or replaces 70% or more of the existing exterior walls.

6. Any residential building or structure where the aggregate interior alterations or modifications change or rearrange 70% or more of the original planned configuration of walls or full height partitions within the existing enclosed floor area.

7. Any commercial building or structure with an existing square footage of three thousand six hundred square feet or greater where aggregate interior alterations or modifications change or rearrange 70% or more of the original planned configuration of walls or full height partitions within the existing enclosed floor area.

8. The review of any changes to a fire protection system.

9. A change of occupancy classification.

10. A change from one group to another group within an occupancy classification.

11. Any change in use within a group for which there is a change in application of the requirements of this code.
(j) Whenever the words "high fire hazard severity zone maps" are used it means the maps adopted under Chapter 10 of the Santa Barbara County Code and on file with the office of the state fire marshal. (k) Whenever the words "very high fire hazard severity zone maps" are used it means the maps adopted under Chapter 10 of the Santa Barbara County Code and on file with the office of the state fire marshal. (l) Whenever the words “high fire hazard area maps” are used it means the maps adopted under Chapter 10 of the Santa Barbara County Code on file in the County of Santa Barbara Building and Safety Division of the Planning and Development Department. (m) Whenever the words "Santa Barbara County Fire Department Development Standards" are used it means those standards researched and developed by the Santa Barbara County Fire Department, on file with the fire code official and available for review and reference at www.sbcfire.com. (Ord. No. XXXX, §§ 1, 2, XX-XX-XXXX)
Sec. 15-3. - Amendments to the 2022 California Fire Code and portions of the 2021 International Fire Code.

The 2022 California Fire Code and portions of the 2021 International Fire Code are amended as follows in order to properly safeguard the health, safety, and welfare of the people, property and environment of Santa Barbara County:
(a) CHAPTER 1 — SCOPE AND ADMINISTRATION

DIVISION II - ADMINISTRATION
PART 1-GENERAL PROVISIONS
SECTION 101 SCOPE AND GENERAL REQUIREMENTS
101.1 Title is amended to read as follows:

These regulations shall be known as the Fire Code of Santa Barbara County, hereinafter referred to as "this code.”

SECTION 102 APPLICABILITY
102.1 Construction and design provisions is amended by adding the following:

Exception: This section shall not apply to any agricultural buildings, specifically exempted in Santa Barbara County Code Chapter 10, Building Regulations, which reads as follows:

Agricultural buildings not exceeding 3,000 square feet in enclosed floor area constructed and used to house farm implements, equipment, hay, grain, poultry, livestock or horticultural products. Such buildings shall not be a place of human habitation nor a place of employment, nor shall such buildings be used by the public, be used to store hazardous materials in violation of the Fire Code, nor contain plumbing, mechanical, electrical, structural or architectural features that may reclassify the occupancy or the character of the occupancy of said building as determined by the Building Official.

See Section 10-1.6 of the Santa Barbara County Code.

And provided that, whenever there is any change in the use or occupancy of such building so that it no longer meets the above-listed specification for exemption of agricultural buildings, the building must comply with the requirements of this code prior to making such change of use or occupancy.

PART 2-ADMINISTRATION AND ENFORCEMENT
SECTION 103 CODE COMPLIANCE AGENCY is adopted in its entirety with the following amendment:
103.1 Creation of Agency is amended to read as follows:

The Santa Barbara County Fire Department is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

SECTION 104 DUTIES AND POWERS OF THE FIRE CODE OFFICIAL is adopted in its entirety with the following amendment:
104.6 Official Records is amended to read as follows:

The fire code official shall retain official records for not less than five years unless otherwise provided by other regulations.

SECTION 105 PERMITS is adopted in its entirety and is amended by adding the following:
105.5.18 Flammable and combustible liquids is amended by adding the following:

12. A permit is required to maintain non-operational Petroleum Facilities. 105.5.33 Motor fuel-dispensing facilities is amended by adding the following:

1. A permit is required to conduct Mobile Fueling operations.

SECTION 106 CONSTRUCTION DOCUMENTS is adopted in its entirety.

SECTION 107 FEES is adopted in its entirety and amended to read as follows:
107.2 Schedule of permit fees is amended to read as follows:

Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority (see Santa Barbara County Code, Chapter 15, Article V Fees).

SECTION 108 INSPECTIONS is adopted in its entirety.

SECTION 109 MAINTENANCE is adopted in its entirety.

SECTION 110 SERVICE UTILITIES is adopted in its entirety.

SECTION 112 VIOLATIONS is adopted in its entirety and amended as follows:
112.4 Violation Penalties is amended to read as follows:

Violation penalties are covered under Santa Barbara County Code, Chapter 15, Article VI, ViolationsLegal Actions and Chapter 24A-Administrative Fines.

SECTION 113 STOP WORK ORDER is adopted in its entirety and amended as follows:
113.4 Failure to Comply is amended to read as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed by the fire chief or designee to perform to remove a violation or unsafe condition, is guilty of an infraction as described in Santa Barbara County Code, Chapter 15, Article VI, Violations-Legal Actions.

SECTION 114 UNSAFE STRUCTURES OR EQUIPMENT is adopted in its entirety (b) CHAPTER 2 — DEFINITIONS
SECTION 202 GENERAL DEFINITIONS is amended by adding the following definitions:

ENCLOSED FLOOR AREA. The floor area within the inside perimeter of the exterior of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, provided with at least 3 surrounding walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

FIRE AND LIFE HAZARD. "Fire and life hazard" means any condition, arrangement, or act which will increase, or may cause an increase of, the hazard or menace of fire or a hazardous material release (spill, leak, etc.) to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire and responding to hazardous material releases; or which may obstruct, delay, or hinder egress from a facility or building, or may become the cause of obstruction, delay or hindrance to the prevention, suppression, or extinguishment of a fire or hazardous material release. When a Fire and Life Hazard has been determined to exist by the fire chief it shall be considered a public nuisance.

FIRE PROTECTION CERTIFICATE (FPC). Is the application for review of construction permits and /or documents by the Santa Barbara County Fire Department when required by Chapter 15 of the Santa Barbara County Code.

PETROLEUM FACILITIES. Shall, for the purpose of this code, be designated by the fire chief and include, but not be limited to, tanks, compressors, pumps, vessels, and other large equipment or structures pertinent to oil field operations sited at a single location.

(c) CHAPTER 3 — GENERAL REQUIREMENTS
SECTION 304 — COMBUSTIBLE WASTE MATERIAL
304.1.1 Waste material is amended to read as follows:

When determined to be a fire hazard, accumulations of wastepaper, wood, hay, straw, weeds, litter, or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley, parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure. 304.1.2 Vegetation is amended to read as follows:

When determined to be a fire hazard, weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with Chapter 49.

SECTION 305 — IGNITION SOURCES is adopted in its entirety.

SECTION 306 — MOTION PICTURE PROJECTION ROOMS AND FILM is adopted in its entirety.

SECTION 307 — OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is adopted in its entirety.

SECTION 308 — OPEN FLAMES is adopted in its entirety.

SECTION 309 — POWERED INDUSTRIAL TRUCKS AND EQUIPMENT is adopted in its entirety.

SECTION 310 — SMOKING is adopted in its entirety.

SECTION 311 — VACANT PREMISES is adopted in its entirety.

SECTION 321 — ARTIFICIAL COMBUSTIBLE VEGETATION is adopted in its entirety. (d) CHAPTER 4 — EMERGENCY PLANNING AND PREPAREDNESS
SECTION 403 EMERGENCY PREPAREDNESS REQUIREMENTS
403.11 Special Requirements for Public Safety is adopted in its entirety.

SECTION 404 FIRE SAFETY, EVACUATION AND LOCKDOWN PLAN is adopted in its entirety and amended to read as follows:
404.1 General is amended to read as follows:

Where required by Section 403 or the fire code official, fire safety, evacuation and lockdown plans shall comply with Sections 404.2 through 404.4.1.
404.2.2 Fire safety plans is amended to read as follows:

Fire safety plans shall include the following:

1. The procedure for reporting a fire or other emergency.

2. The life safety strategy including the following:

2.1. Procedures for notifying occupants, including areas with a private mode alarm system.

2.2. Procedures for occupants under a defend-in-place response.

2.3. Procedures for evacuating occupants, including those who need evacuation assistance.

3. Site plans indicating the following:

3.1. The occupancy assembly point.

3.2. The locations of fire hydrants.

3.3. The normal routes of fire department vehicle access.

4. Floor plans identifying the locations of the following:

4.1. Exits.

4.2. Primary evacuation routes.

4.3. Secondary evacuation routes.

4.4. Accessible egress routes.

4.4.1. Areas of refuge.

4.4.2. Exterior areas for assisted rescue.

4.5. Refuge areas associated with smoke barriers and horizontal exits.

4.6. Manual fire alarm boxes.

4.7. Portable fire extinguishers.

4.8. Occupant-use hose stations.

4.9. Fire alarm annunciators and controls.

5. A list of major fire and life safety hazards associated with the normal use and occupancy of the premises, including maintenance, housekeeping, recommended initial actions, containment and control plans, and long-term mitigation procedures.

6. Identification and assignment of personnel responsible for maintenance of systems and equipment installed to prevent or control fires.

7. Identification and assignment of personnel responsible for maintenance, housekeeping and controlling fuel hazard sources.
(e) CHAPTER 5 - FIRE SERVICE FEATURES
SECTION 501 GENERAL
501.1 Scope is amended to read as follows:

Fire service features for buildings, structures, and premises shall comply with this chapter, California Code of Regulations Title 14, and the Santa Barbara County Fire Department Development Standards.

SECTION 503 FIRE APPARATUS ACCESS ROADS is adopted in its entirety with the following amendments:
503.1 Where required is amended to read as follows:

Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3, California Code of Regulations Title 14, and the Santa Barbara County Fire Department Development Standards.
503.2 Specifications is amended to read as follows:

Fire apparatus access roads shall be installed and arranged in accordance with Section 503.2.1 through 503.2., California Code of Regulations Title 14, and the Santa Barbara County Fire Department Development Standards.
503.2.1 Dimensions is amended to read as follows:

Fire apparatus access roads shall have an unobstructed width in accordance with California Code of Regulations Title 14 and the Santa Barbara County Fire Department Development Standards and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 503.6 Security gates is amended to read as follows:

The installation of security gates across a fire access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate openers, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The installation of security gates across a fire apparatus access road or driveway shall be in accordance with California Code of Regulations Title 14 and the Santa Barbara County Fire Department Development Standards.

SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS
504.3 Stairway Access to Roof is amended to read as follows:

New buildings four or more stories above grade plane, or when provisions of section D105 are required, except those with a roof slope greater than four units vertical in 12 units horizontal (33.3-percent slope), shall be provided with a stairway to the roof. Stairway access to the roof shall be in accordance with Section 1011.12. Such stairway shall be marked at street and floor levels with a sign indicating that the stairway continues to the roof. Where roofs are used for landscaped roofs or for other purposes, stairways shall be provided as required for such occupancy classification.

SECTION 505 PREMISES IDENTIFICATION
505.1 Address identification is amended to read as follows:

New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Addresses for residential buildings shall be reflectorized. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is

by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. 505.1.1 Mixed-use Building is added to read as follows:

A notification system shall be installed in a manner and location approved by the fire chief, which indicates the presence of residential dwelling units.
505.1.2 Addresses for Buildings is added to read as follows:

All buildings shall be issued an address by the local jurisdiction which conforms to the local jurisdiction’s addressing system. Utility and miscellaneous Group U buildings are not required to have a separate address; however, each residential unit within a building shall be separately identified. 505.1.3 Address Modifications is added to read as follows:

When deemed necessary by the fire chief, to provide for fire and life safety, an address assignment shall be modified.
505.2 Street or road signs is amended to read as follows:

Streets and roads shall be identified with approved signs. Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant, reflectorized and be maintained until replaced by permanent signs.
505.3 Road Naming is added to read as follows:

All public and private access roads shall be named in accordance with the Santa Barbara County Fire Department Development Standards and the County Land Use and Development Code. (f) CHAPTER 9 FIRE PROTECTION SYSTEMS
SECTION 901 GENERAL
901.4 Fire protection and life safety systems is amended to read as follows:

Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code, the California Building Code, and the Santa Barbara County Fire Department Development Standards.
901.4.1 Required fire protection and life safety systems is amended to read as follows:

Fire protection and life safety systems required by this code, the California Building Code or the Santa Barbara County Fire Department Development Standards shall be installed, repaired, operated, tested, and maintained in accordance with this code and the Santa Barbara County Fire Department Development Standards. A fire protection or life safety system for which a design option, exception or reduction to the provisions of this code, the California Building Code or the Santa Barbara County Fire Department Development Standards has been granted shall be considered to be a required system. 901.4.2 Nonrequired fire protection and life safety systems is amended to read as follows:

Fire protection and life safety systems or portion thereof not required by this code, the California Building Code, shall be allowed to be furnished for partial or complete protection provided that such installed systems meet the applicable requirements of this code, the California Building Code, and the Santa Barbara County Development Standards.
901.6 Inspection, testing and maintenance is amended to read as follows:

Fire protection and life safety systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Nonrequired fire protection and life safety systems and equipment shall be inspected, tested and maintained or removed in accordance with Section 901.8.

Nonrequired fire protection systems shall only be removed after obtaining written permission from the fire code official.

SECTION 902 DEFINITIONS
902.1 Definitions is amended by adding the following:

ENCLOSED FLOOR AREA
SECTION 903 AUTOMATIC SPRINKLER SYSTEMS
903.1 General is amended to read as follows:

Automatic sprinkler systems shall comply with this section and the Santa Barbara County Fire Department Development Standards.
903.2 Where required is amended to read as follows:

Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12 and Section 903.7. 903.3.1.2 NFPA 13R sprinkler system is amended to read as follows:

Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 80.

1. Four stories or less above grade plane.

2. The floor level of the highest story is 30 feet (9144 mm) or less above the lowest level of fire department vehicle access.

3. The floor level of the lowest story is 30 feet (9144 mm) or less below the lowest level of fire department vehicle access.

The number of stories of Group R occupancies constructed in accordance with section 510.2 and 510.4 of the California Building Code shall be measured from grade plane.

Exception: Any building or structure that meets the requirements of section D105 will be required to follow Section 903.3.1.1.
903.7 Santa Barbara County automatic sprinkler systems is added to read as follows:

The provisions of this section shall be applicable to all areas within the Santa Barbara County Fire Protection District and all other unincorporated areas of the County, except the areas within the Carpinteria/Summerland Fire Protection District, Montecito Fire Protection District, Vandenberg Air Force Base, and Bureau of Indian Affairs Lands, unless otherwise specified by this Chapter. If any part of this article is in conflict with any other part, the more restrictive provisions shall be controlling. 903.7.1 Locations required is added to read as follows:

Concurrent with provisions in the California Fire Code, California Building Code, California Residential Code, and in the Santa Barbara County Code, automatic fire sprinkler systems shall be installed and maintained in the locations specified as follows:

1. All new one- and two-family dwellings and townhouses (R-3 Occupancies). (2022 California Residential Code, Chapter 3, Section R-313 Automatic Fire Sprinkler Systems / 2022 California Building Code Chapter 9, Section 903.2.8 Group R)

2. New non-residential buildings and structures with a final enclosed floor area of 3,600 square feet or more.

New non-residential buildings or new structures (including prefabricated or relocated structures) for which application for building permits are officially filed or required to be filed with the Santa Barbara County Planning and Development Department, Building and Safety Division, which have an enclosed floor area of 3,600 square feet or more; and

3. New buildings and structures located outside the Urban Limit Boundary.

New buildings or new structures (including prefabricated or relocated structures) for which application for building permits are officially filed or required to be filed with the Santa Barbara County Planning and Development Department, Building and Safety Division, that are constructed (regardless of square footage) outside of the "Urban Limit Boundary" (as defined in the land use element, definition section of the Santa Barbara County General Plan).

4. Modification to existing buildings and structures, other than Group R.

Existing buildings or structures with an enclosed floor area of 3,600 square feet or more for which applications for modification, alterations or additionsare officially filed or required to be filed with the Santa Barbara County Planning and Development Department, Building and Safety Division, or any local jurisdiction within the County serviced by the Santa Barbara County Fire Department, where:
(a) Aggregate alterations or modifications involving the demolition, reconstruction and/or replacement of 70% or more of the existing exterior walls of the building or structure; or (b) Aggregate alterations or modifications change or rearrange the original planned configuration of walls or full height partitions and involves 70% or more of the existing enclosed floor area of the building or structure; or
(c) Subsequent to any addition of square footage, the total enclosed floor area of the building or structure is 3,600 square feet or more.

5. Modification to existing Group R buildings or structures.

Existing Group R buildings or structures for which applications for modification, alterations, or additions are officially filed or required to be filed with the Santa Barbara County or any City within the County serviced by Santa Barbara County Fire Department, where:
(a) Aggregate alterations or modifications involving the demolition, reconstruction and/or replacement of 70% or more of the existing exterior walls of the building or structure; or (b) Aggregate alterations or modifications change or rearrange the original planned configuration of walls or full height partitions and involves 70% or more of the existing enclosed floor area of the building or structure; or
(c) Subsequent to any addition of square footage, the total enclosed floor area of the building or structure is 3,600 square feet or more.

6. Modification to existing buildings and structures located outside the Urban Limit Boundary.

Existing buildings or structures for which applications for modification, alterations, or additions are officially filed or required to be filed with the Santa Barbara County Planning and Development Department, Building and Safety Division, or any local jurisdiction within the County serviced by the Santa Barbara County Fire Department, that are located outside of the "Urban Limit Boundary" (as defined in the land use element, definition section of the Santa Barbara County General Plan), where:
(a) Aggregate alterations or modifications involving the demolition, reconstruction and/or replacement of 70% or more of the existing exterior walls of the building or structure; or (b) Aggregate alterations or modifications change or rearrange the original planned configuration of walls or full height partitions and involves 70% or more of the existing enclosed floor area of the building or structure; or
(c) The addition of square footage is five hundred square feet or more to the enclosed floor area for non-residential or one thousand square feet or more to the enclosed floor area for residential; or
(d) Subsequent to any addition of square footage, the total enclosed floor area of the building or structure is 3,600 square feet or more.

7. Any change of occupancy where the new occupancy would be required to have fire sprinklers.

8. When fire sprinklers are installed in buildings or structures, they shall be installed throughout the entire building or structure.

NOTE: Any additional square footage added after January 1st, 2017 shall be accumulative towards the total enclosed floor area listed in Section 903.7.1 #6 above.

Exceptions:

1. Section 903.7.1 shall not apply to any agricultural buildings, including greenhouses, as defined in the California Building Code, which would otherwise be included within the requirements of this section, provided that:

Whenever there is any change in the use or occupancy of such building so that it no longer meets the above-listed definition of agricultural building, the building must have a sprinkler system installed prior to making such change of use or occupancy in all areas of the building which would have been required to have sprinklers but for the existence of the exception set out in this subsection;

2. Other detached Group U buildings, as defined by the California Building Code, may be exempted from Section 903.7.1 on a case-by-case basis in writing by the fire chief and the Building Official (subject to the same occupancy change conditions as noted in "Exception 1" above).

3. Buildings classified as Group S-2, as defined by the California Building Code, may be exempted from Section 903.7.1 on a case-by-case basis in writing by the fire chief (subject to the same occupancy change conditions as noted in "Exception 1" above). 903.7.2 Enclosed floor area calculation is added and amended to read as follows:

Square feet or square footage shall be calculated using the definition of enclosed floor area to determine whether the installation of automatic fire sprinklers is required through 903.7. 903.7.3 Plan approval is added to read as follows:

No automatic sprinkler system required by this section shall be installed or altered without prior approval of the system plans by the fire chief. System plans, including system calculations shall be approved prior to system installation.

SECTION 905 STANDPIPE SYSTEMS
905.3 Required installations is amended to read as follows:

Standpipe systems shall be installed where required by Sections 905.3.1 through 905.3.11.1 and when required by the fire code official. Standpipe systems are allowed to be combined with automatic sprinkler system installation.

Exception: Standpipe systems are not required in Group R-3 occupancies SECTION 907 FIRE ALARM AND DETECTION SYSTEMS is amended by adding the following:
907.2.30 Mixed-use buildings is added to read as follows:

Where residential occupancies are combined with commercial occupancies, a monitored fire alarm system shall be installed which notifies all occupants in the event of a fire. The system shall include automatic smoke detection throughout the commercial and common areas. (g) CHAPTER 11 – CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS SECTION 1104 MEANS OF EGRESS FOR EXISTING BUILDINGS
1104.3 Exit sign illumination is adopted in its entirety. 1104.4 Power source is adopted in its entirety.
1104.5 Illumination emergency power is adopted in its entirety. 1104.5.1 Emergency power duration and installation is adopted in its entirety. (h) CHAPTER 12 – ENERGY SYSTEMS
SECTION 1205 SOLAR PHOTOVOLTAIC POWER SYSTEMS
1205.5 Ground-mounted photovoltaic panel systems is amended to read as follows:

Ground-mounted photovoltaic panel systems shall be installed in accordance with this section and the Santa Barbara County Fire Department Development Standards. Setback requirements shall not apply to ground-mounted, free-standing photovoltaic arrays.
1205.5.1 Vegetation control is amended to read as follows:

A clear, brush-free area of 10 feet (3048mm) shall be required the perimeter of the ground-mounted photovoltaic arrays. A noncombustible base of gravel or a maintained vegetative surface or a noncombustible base, approved by the fire code official, shall be installed and maintained under the photovoltaic arrays and associated electrical equipment installations.

For ground-mounted photovoltaic panel systems greater than 1,500 square feet of combined panel area, a reduced fuel zone from 10 feet to 30 feet shall be maintained consistent with California Public

Resources Code section 4291 and Santa Barbara County Fire Department Defensible Space Standards.
(i) CHAPTER 49 — REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS SECTION 4902 DEFINITIONS
4902.1 General is amended by deleting the definition of FIRE PROTECTION PLAN in this chapter and adding the following definitions:

BOARD is the Santa Barbara County Board of Supervisors.

BUILDINGS AND STRUCTURES are those buildings and structures, described within this Chapter, whether inhabited or not.

COMBUSTIBLE MATERIALS are weeds, stubble, brush, rubbish, litter, dry grass, dry leaves or other flammable materials that are readily ignitable and endanger the public safety.

DEFENSIBLE SPACE is the area surrounding a structure or building where basic wildfire protection practices are implemented, providing the key point of defense from an approaching wildfire or escaping structure fire. The area is characterized by the establishment and maintenance of fuel modification measures.

HIGH FIRE HAZARD AREA is an area of the County of Santa Barbara designated by the Building Official as having a high propensity for wild fire due to the existence of excessive wild brush fuel, lack of adequate water for fire suppression, or lack of adequate access to firefighting access to firefighting equipment and is shown on a map entitled “High Fire Hazard Area Map” on file in the County of Santa Barbara Building and Safety Division of the Planning and Development Department. This area is to be considered a Wildland-Urban Interface Area.

PARCEL is a portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number whether or not any buildings or structures are present.

SECTION 4906 VEGETATION MANAGEMENT
4906.2 Application is amended to read as follows:

All new plantings of vegetation in State Responsibility Areas (SRA), Local Responsibility Areas (LRA) designated as Very High Fire Hazard Severity Zone, or within the Santa Barbara County High Fire Hazard Area designated by the Santa Barbara County Building Official shall comply with Sections 4906.3 through 4906.5.3.

SECTION 4907 DEFENSIBLE SPACE
4907.2 Application is amended to read as follows:

Buildings and structures location in the following areas shall maintain the required hazardous vegetation and fuel management:

1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as a State Responsibility Area (SRA).

2. Land designated as a Very High Fire Hazard Severity Zone by the Director.

3. Land designated in ordinance by the Santa Barbara County Building Official as the Santa Barbara County High Fire Hazard Area pursuant to Government Code Section 51179.

SECTION 4911 SANTA BARBARA COUNTY FIRE HAZARD ABATEMENT is added to read as follows:
4911.1 Applicability. The provisions of section 4911 shall be applicable to all areas within the Santa Barbara County Fire Protection District and all other unincorporated areas of the County, except the areas within the Carpinteria/Summerland Fire Protection District, Montecito Fire Protection District, Vandenberg Air Force Base, and Bureau of Indian Affairs Lands, unless otherwise specified by this Chapter, and those areas in independent fire districts having governing bodies other than the Santa Barbara County Board of Supervisors that choose to enforce this section. If any part of this article is in conflict with any other part, the more restrictive provisions shall be controlling. 4911.2 Prohibited disposal of combustible material. No person shall place, deposit or dump combustible material, which in the opinion of the code official constitutes a fire hazard, on a parcel, whether or not he owns such parcel, or whether or not he so places, deposits or dumps on such parcel with the consent of the owner thereof.
4911.3 Clearance of Brush, Vegetative Growth and Combustible Material from Parcels. All parcels declared a fire hazard shall be cleared of combustible material to the satisfaction of the fire code official. 4911.4 Clearance of brush or vegetative growth from roadways. The fire code official is authorized to require areas within 10 feet on each side of portions of Fire Apparatus Access Roads and driveways to be cleared of non-fire-resistive vegetation growth.

Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided they do not form a means of readily transmitting fire.
4911.5 Clearance of fire protection equipment, ground-mounted photovoltaic panel systems and utilities is amended to read as follows:

A minimum of 30 feet of defensible space shall be maintained around communication towers, non fire-resistive water tanks, water supply pumps, pump houses, generators and ground-mounted photovoltaic panel systems which are 1,500 square feet or greater in combined panel area. 4911.6 Prosecution. The fire chief shall serve a written order upon the owner or possessor of a parcel, when, in his or her opinion, a fire hazard exists upon a parcel. The order shall identify the fire hazard and direct such owner or possessor to remove or abate the fire hazard within a specified period of time, but not less than ten days, after such order is given. Every owner or possessor who fails or refuses to abate said fire hazard from such parcel within the time specified after being served with such order is guilty of an infraction as described in Santa Barbara County Code, Chapter 15, Article VI. Evidence that the current assessment roll of the County shows real property assessed to a person shall constitute prima facie evidence that such person is the owner of such property. 4911.7 Order to abate fire hazard—Notice. The chief shall send, by certified mail, a copy of the written order providing information specified in section 4911.6, and shall include an assessor's parcel number of the parcel set forth on the county assessment roll, to the last assessee of the parcel at the address given on such roll. In addition, the order shall provide the specific date, time and location of when the Board of Supervisors of the County of Santa Barbara will meet to hear the report of the fire chief regarding the alleged fire hazard, and include the following:
"WARNING: The Fire Chief has determined that a fire hazard exists on this parcel. If not abated, the Fire Chief or his designee, shall enter and remove or abate the fire hazard by cutting, burning or removing the flammable material. THE COST OF SUCH REMOVAL WILL BE COLLECTED BY

ADDING IT ONTO THE TAXES ASSESSED AGAINST THIS Parcel. ANY OWNER OR POSSESSOR

INTENDING TO ABATE THIS FIRE HAZARD AT HIS OWN EXPENSE SHOULD DO SO IMMEDIATELY."
The chief shall post each notice to abate, including the legal description in some conspicuous place in the office of the clerk of the board of supervisors. It shall be the responsibility of the owner of record in the current assessment roll to notify any new owner or possessor of the parcel of the notice that was received and forward the notice to the new owner or possessor of the parcel. It shall also be the responsibility of the current owner of record to notify the fire department of this change in ownership. 4911.8 Order to abate fire hazard—Posting Location. The chief may, in addition to mailing, have a written order posted in front of any parcel upon which a fire hazard exists, or, if such parcel does not front upon any street, highway or road, then either upon the portion of such parcel nearest to a street, highway or road or upon such portion that is likely to give actual notice to the owner or lawful possessor. 4911.9 Order to abate fire hazard—Posting Time. The order provided for in Sec. 4911.8 shall be posted at least ten days before the board meets to hear the report of the chief regarding the alleged fire hazard.
4911.10 Hearing. At the time and place stated in the written orders, the board shall meet to hear the report of the chief and any objections thereto. The chief or his designated representative shall attend, inform the board as to the alleged fire hazard and supply the legal description of the parcel upon which it exists, the name and address of the last known assessee thereof and state what he has done in order to give notice of the hearing according to the provisions of this article. The board may continue from time to time as it sees fit.
4911.11 Board of Supervisors' direction to abate fire hazard. If, after a hearing, the board finds that a fire hazard exists upon a parcel, it may direct the chief to abate the hazard. The board shall maintain a record of its proceedings at such hearing and retain therewith the report of the chief, a legal description of such a lot or land and, where available, the name and address of its last known assessee. 4911.12 Abatement procedure—Chief authorized to expend funds, contract, etc. If the board directs the chief to abate a fire hazard, he shall proceed to abate such hazard unless it has been abated, completely, before his agents arrive to begin such abatement. The chief may expend appropriated funds for such abatement and may contract with a person or persons for the performance of the work of such abatement.
4911.13 Account of expenses—Report to be filed with the board. The chief shall keep an account of his expenses when abating a fire hazard pursuant to the direction of the board, and file a report with the board. The report shall include the assessor's tax area and parcel numbers according to the county assessment roll of the parcel upon which such fire hazard existed and, when available, the name and address of the last known assessee. The report shall include a reasonable administrative cost in an amount to be fixed by the board from time to time, based on administrative costs of carrying out these regulations.
4911.14 Account of expenses—Filing with clerk—Confirmation hearing. The report of expenses referred to in section 4911.13 shall be maintained on file, open to public inspection, in the office of the clerk of the board for at least ten days before a hearing of the board to confirm such report. If any person shall, before the expiration of such ten days, file a written request for notice of the hearing upon such confirmation, the board shall mail such notice to the address supplied in any such written request.

At the time fixed for such hearing, the board shall meet to hear any objections to the report of expenses filed by the chief as required by this section. At such hearing the board may make any modifications in the amount it deems just, after which the report shall be confirmed.

4911.15 Expenses constitute special assessment and lien. The amount of expenses incurred by the chief for abating a fire hazard shall constitute a special assessment and a lien against the parcel from which such hazard was removed.
4911.16 Expense report to be transmitted to auditor-controller. The board shall deliver a copy of the expense report, as confirmed, to the auditor-controller of the county. 4911.17 Inclusion of assessment on property tax bill—Disposition of revenue. The county auditor controller shall enter the amount stated in the report as a special assessment against the parcel described in the report. The tax collector of the county shall include the amount of the assessment on the bill for taxes levied against the parcel. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such special assessments. All special assessments collected as provided in this article shall be accounted for as fire district revenue. (j) APPENDIX A — BOARD OF APPEALS is adopted and amended by deleting the existing language and inserting the following:

SECTION A101 GENERAL
A101.1 Scope. To determine the suitability of alternate materials and types of construction and to provide reasonable interpretations of the provisions of this code, there shall be and hereby is created a board of appeals.

A101.2 Membership and Appointment. The board of appeals shall consist of five members who are qualified by experience and training to pass judgment upon pertinent matters. The members shall be appointed by the Board of Supervisors and shall hold office at their pleasure. Each member of the executive body has the right to appoint a member that resides in or out of their supervisor district.

A101.3 Quorum. Three members shall constitute a quorum for a hearing.

A101.4 Clerk of the Board. The County Executive Office shall serve as the clerk of the board of appeals.

A101.5 Rules and Regulations. The Board of Supervisors shall adopt reasonable rules and regulations for conducting board of appeals hearings and investigations. The board of appeals may adopt guidelines for the conduct of their hearings and investigations, as they deem appropriate.

A101.6 Decisions. The board of appeals shall render decisions and findings in writing to the fire chief, with a duplicate copy to the appellant. The decisions of the board of appeals may be appealed de novo to the board of supervisors, at the option of the appellant or fire chief, provided that, a request is made in writing to the clerk of the board of supervisors within 20 days after the decision of the board of appeals was served on the parties. If the decision of the board of appeals is not appealed to the board of supervisors, it shall be final and only subject to review by writ of mandate to the superior court. If the decision of the board of appeals is appealed to the board of supervisors, the decision of the board of supervisors shall be final and only subject to review by writ of mandate to the superior court.

NOTE: If a majority of the board of supervisors determines that its prior involvement with an appellant, prevents it from serving as a reasonably, impartial, non-involved decision maker, it shall decline to hear the appeal. If the board of supervisors declines to hear an appeal, the decision of the board of appeals shall be deemed final and only subject to review by writ of mandate to the superior court.

A101.7 Terms of office. The term of office of a member of the board of appeals shall coincide with the term of office of the County Supervisor that appointed the member.

A101.8 Stay of enforcement. The filing of an appeal application shall not stay an enforcement order.

However, the fire chief may modify, in his or her sole discretion, an enforcement order during the pendency of an appeal.

A101.9 Subpoena powers. The subpoena powers of the Board of Supervisors set forth in Article 9, Section 25170 et seq. of the Government Code are delegated to the board of appeals and shall apply to all hearings and investigations under the board of appeals' jurisdiction.

A101.10 Fees. A fee of two hundred dollars shall be paid by the appellant to the clerk of the board of appeals at the time of application for a hearing before the board of appeals. If the decision of the board of appeals is appealed to the board of supervisors, an additional fee of four hundred and forty-three dollars shall be paid by the appealing party, to the clerk of the board of supervisors, at the time of application for a hearing before the board of supervisors.

A101.11 Jurisdiction. This appeal process shall apply to disputes within the unincorporated area of the fire district, within incorporated areas of the fire district and within incorporated areas outside of the fire district where the fire department provides service by contract. However, a city council of an impacted city, may adopt an alternative procedure for reviewing decisions of the board of appeals. (k) APPENDIX C - FIRE HYDRANT LOCATIONS AND DISTRIBUTION C101.1 Scope is amended to read as follows:

In addition to the requirements of Section 507.5.1, fire hydrants shall be provided in accordance with this appendix and the Santa Barbara County Fire Department Development Standards for the protection of buildings, or portions of buildings, hereafter constructed or moved into the jurisdiction.

Exception: SFM Group B, S-2 and U occupancies having an enclosed floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:

1. California State Parks buildings of an accessory nature (restrooms).

2. Safety roadside rest area, (SRRA), public restrooms.

3. Truck inspection facilities, TIF, California Highway Patrol (CHP) office space and vehicle inspection bays.

4. Sand/salt storage buildings, storage of sand and salt. (l) APPENDIX D - FIRE APPARATUS ACCESS ROADS is adopted in its entirety with the following amendment:

SECTION D101 GENERAL
D101.1 Scope is amended to read as follows:

Fire department access roads shall be in accordance with this appendix and all other applicable requirements of the 2019 California Fire Code and Santa Barbara County Fire Department Development Standards.

SECTION D106 MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS
D106.1 Projects having more than 100 dwelling units is amended to read as follows:

Multiple-family residential projects having more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.

Exception: Projects having up to 200 dwelling units not located in a Very High or High Fire Hazard Severity Zone in the SRA or LRA, or the Santa Barbara County High Fire Hazard Area may have a single approved fire apparatus access road when all buildings, including nonresidential occupancies,

are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2.

SECTION D107 ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS D107.1 One- or two-family dwelling residential developments is amended to read as follows:

Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads.

Exceptions:

1. Where there are more than 30 dwelling units accessed from a single public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, access from two directions shall not be required when the development is not located in a Very High or High Fire Hazard Severity Zone in the SRA or LRA, or the Santa Barbara County High Fire Hazard Area.

2. The number of dwelling units accessed from a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official.
(m) APPENDIX O – TEMPORARY HAUNTED HOUSES, GHOST WALKS AND SIMILAR AMUSEMENT USES is adopted in its entirety.
(n) APPENDIX P – COMMUNITY WILDLAND-URBAN INTERFACE (WUI) FIRE HAZARD EVALUATION FRAMEWORK is adopted in its entirety.
(Ord. No. 4986, §§ 1, 2, 12-6-2016)
Sec. 15-4. - Findings with regard to geological, topographical and climatic conditions.

The Board hereby finds that all amendments, including additions and deletions, to the CFC are based upon the following geological, topographical and climatic conditions in the area protected by the Santa Barbara County Fire Department. Those conditions include:
(a) That the Santa Barbara County Fire Department service area is prone to extreme weather conditions, from hot, dry winds from the north and the east (Sundowner and Santa Ana winds), to strong westerly (coastal) winds, which greatly enhance the ability for fire to spread. In addition, the topographical layout and features of the County Fire Department's service area makes the area subject to isolation should a flood or earthquake occur, which would prevent or severely limit and delay the north and south entities from giving or receiving mutual aid and emergency assistance; (b) The present firefighting resources of this county are constrained in their efforts to control fires in large unsprinklered buildings within the urban limit boundary and all buildings outside of the urban limit boundary as designated in the county comprehensive plan; (c) Geologic and topographic conditions in the county result in extended response times for firefighting resources, which may contribute to greater life and property loss in large unsprinklered buildings within the urban limit boundary and in all structures outside of the urban limit boundary; and (d) Climatic conditions and flammable vegetation contribute to the extreme high fire hazard severity in the county, resulting in numerous wildland fires, which draw existing fire department resources from

their structure protection areas for extended periods of time. This in turn extends response times, which may contribute to greater life and property loss in large unsprinklered buildings within the urban limit boundary and in all structures outside of the urban limit boundary. (Ord. No. 4986, §§ 1, 2, 12-6-2016)
Article II. - Reserved
Secs. 15-30 through 15-46. - Reserved.

Article III. - Fire Development Impact Mitigation Fees
Sec. 15-48. - Findings.
(a) To mitigate impacts caused by new development projects within the fire department's service area, a fire facility, apparatus and equipment development impact mitigation fee is necessary. The fee is needed to finance fire facilities, apparatus and equipment necessary to serve new development and to assure new development projects pay their fair share for these facilities. (b) Title 7, Chapter 5, Section 66000 et seq. of the California Government Code provides that development impact fees may be enacted and imposed on development projects. The board of supervisors finds and determines that:
(1) New development projects cause the need for construction, expansion and/or improvement of fire facilities within the fire department's service area. (2) Funds for construction, expansion and/or improvement of fire facilities are not available to accommodate the needs caused by new development projects, which will result in inadequate fire facilities, apparatus and equipment within the fire department's service area. (c) The board of supervisors finds that the public health, safety, and general welfare will be promoted by the adoption of a fire facility, apparatus and equipment development impact fee for the construction, expansion, and/or purchase of fire facilities, apparatus and equipment to serve new development and maintain existing levels of service; the need for which is caused by new development projects. In establishing a development impact fee, the board of supervisors finds the fee consistent with the Santa Barbara County comprehensive plan/land use element.
(d) Pursuant to Government Code Section 65913.2, the board of supervisors has considered the effects of the fees with respect to the county's housing need as established in the housing element of the general plan.
(e) Pursuant to Title 14 California Code of Regulation, Sections 15061(b)(3) the board of supervisors finds that this article is exempt from the California Environmental Quality Act. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-49. - Definitions.

Words when used in this article, and in resolutions adopted under the authority of this article, shall have the following meanings:
(a) "Santa Barbara County Fire Protection District" ("fire department's service area") means the unincorporated area within the County of Santa Barbara and private lands within the Los Padres National Forest and the incorporated city of Buellton, Solvang, Goleta, and the University of California, Santa Barbara but does not include the federal lands of Vandenberg Air Force Base, Bureau of Indian Affairs land, the Los Padres National Forest the Montecito fire protection district or the Carpinteria-Summerland fire protection district.

(b) "New development" or "development project" means any change to unimproved or improved real property, including but not limited to, replacement, expansion, construction, or alteration of buildings or structures, which results in a net increase in square footage). Any expansion of outdoor areas in conjunction with existing or proposed structural development which would lead to an increase in intensity of use on a parcel shall be considered new development for the purposes of this article.
(c) "Building" means a structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of any person, animal, or chattel. (d) "Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground, excluding mobilehomes located in a mobilehome park.
(e) "Single family housing" means any detached living area which comprises an independent selfcontained dwelling unit, including kitchen or cooking facilities, and is occupied or suitable for occupation as a residence for eating, living, and sleeping purposes. Commonly referred to as a single family dwelling.
(f) "Other residential housing" means any detached or attached living area which is comprised of multiple (two or more) self-contained dwelling units, including kitchen or cooking facilities, and is occupied or suitable for occupation as a residence for eating, living, and sleeping purposes.

Commonly referred to as duplexes, tri-plexes, apartments, condominiums, or any other dwelling not considered a single family dwelling.
(g) "Mixed use" means any urban, suburban, village development, or single building that blends a combination of residential, retail, commercial, cultural, institutional, or industrial uses. Fee calculations for mixed use development will be calculated based on the amount of square footage for each separate type of use.
(h) "Retail/commercial" is defined as non-manufacturing business establishments, including, but not limited to, hotels, restaurants, wholesale businesses, retail stores, and health, social and educational institutions.
(i) "Office" means establishments providing direct services to customers, professional and medical office buildings. Including but not limited to business/service, executive headquarters, processing such as information processing and computer-dependent and/or telecommunications-based activities, professional and administrative services.
(j) "Industrial" means manufacturing buildings, including but not limited to, food processing, manufacturing, metal processing, pulp and paper firms, voltage optimization, water and wastewater systems, transport processing or other activity involving farm products off-farm. In particular, it includes fixed pieces of equipment, buildings or complexes used to produce goods in connection with, or as part of, any process or system. (k) "Warehouse/distribution" means buildings devoted to the storage and/or distribution of nonagricultural products. A distribution center for a set of products is a warehouse or other specialized building, which is stocked with products (goods) to be redistributed to retailers, to wholesalers, or directly to consumers.
(l) "Agricultural" means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, including other agricultural structures located on agriculturally zoned land other than residential, retail or office space. This structure shall not be a place of human habitation.
(m) "Greenhouses" are structures that are designed and used primarily for the cultivation, maintenance, or protection of plants. Greenhouses are constructed for agricultural production, educational purposes and research.
(n) "Mobilehome" means a factory assembled structure, transportable in one or more sections, that is constructed according to the Mobile Home Construction and Safety Standards, Part 280 of the

Code of Federal Regulations, Title 24, with or without a permanent foundation and not including recreational vehicles.
(o) "Mobilehome park" means any area tract of land where two or more mobilehome spaces are rented, leased, or offered for rent or lease to accommodate mobilehomes used for human habitation. The rental paid for any such mobilehome shall be deemed to include rental for the lot it occupies.
(p) "Apparatus" means and includes but is not limited to fire engines, brush engines, utility vehicles, staff vehicles, water tenders, bulldozers, rescue vehicles, and paramedic ambulances. (q) "Equipment" means and includes but is not limited to ladders, fittings, hoses, radios, cellular telephones, tools, safety clothing, breathing apparatus, hazardous materials equipment and medical and rescue equipment.
(r) "Fee" means a monetary exaction, other than a tax or special assessment that is charged by the County of Santa Barbara in connection with approval of a development project for the purpose of defraying all, or a portion of, the cost of fire facilities, apparatus and equipment related to the development project or subdivision.
(s) "Subdivision" means the division of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale or lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 in the California Civil Code, a community apartment project as defined in subdivision (d) of Section 1351 of the California Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the California Civil Code, as the same presently exists or may hereafter be amended. (t) "Fire facilities" means and includes public improvements, and community amenities identified in the county's five-year capital improvement plan including but not limited to the building of fire stations, permit approvals, land purchase and utility connection fees, etc. and related planning, engineering, and construction costs..
(u) "Fire impacts" means any development project which generates an increased demand for fire protection services.
(v) "AB 1600 mitigation fee justification study" means the Fire Impact Fee Nexus Study prepared for the Santa Barbara County Fire Department Service area dated September 2014. (w) "Capital improvement plan" or "CIP" means the plan for fire facility capital improvements as identified in the county's five-year CIP or their successor, as adopted or updated annually by the board of supervisors. The capital improvement plan indicates the approximate location, size, time of availability and estimated cost of capital improvements to be financed with impact mitigation fees and appropriate money for capital improvement projects. (x) "Board of supervisors" means the board of supervisors of the county. (y) "County" means the County of Santa Barbara, a political subdivision of the State of California. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-50. - Adoption of fire facility development impact fee. (a) Pursuant to this article, fire development impact mitigation fees shall be adopted from time to time by resolution of the board of supervisors after a noticed public hearing. Such fee, when adopted, shall be a condition of permit approval for new development projects within the fire department service area. (b) In adopting the resolution, the board of supervisors shall:

(1) Identify the purpose of the fee;
(2) Identify the use to which the fee is to be put;
(3) Determine a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;
(4) Determine a reasonable relationship between the need for the fire facilities, apparatus and equipment and the impacts from the type of development project on which the fee is imposed; (5) Determine a reasonable relationship between the amount of the fee and the cost of the fire facilities, apparatus and equipment or portion of the fire facilities, apparatus and equipment; and (6) Establish a schedule of fire development impact mitigation fees. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-51. - Applicability of fees.
(a) A fire facility, apparatus and equipment development impact fee shall be charged upon the permit approval for any of the following new development within the fire department service area:
(1) The construction or installation of new single-family and other residential development (e.g., second units, condominiums, mobile homes, apartments, duplexes) residential units. (2) Additions to existing residential units that add a new residential unit as defined by Section 15- 49(b).
(3) The construction or installation of any new retail/commercial, office, industrial, warehouse/distribution, or agricultural buildings, including any additions to such existing buildings which add more than five hundred square feet of enclosed floor area. (b) Fire development impact mitigation fees are applicable within each of the cities served by the fire department sixty days after adoption of the fees by each respective city. (Ord. No. 4902, § I, 10-21-2014)
Sec. 15-52. - Exemptions.

Imposition of fire development impact mitigation fees shall be as specified in Section 15-51, except that the following types of development projects shall be exempt from such fees:
(a) The replacement of an existing structure which was destroyed by fire or other calamity, demolished or removed by the owner, provided that the replacement structure is (1) rebuilt on the same parcel, (2) does not exceed the size of the structure being replaced, and (3) the application for a building permit to replace such structure is filed within six months after destruction of the structure. If the replacement structure is larger than the destroyed structure, the waiver of the fee shall apply only to the amount of enclosed floor area in the original structure. Any additional enclosed floor area of a replacement structure shall be considered an addition to an existing structure and shall be assessed fees as described in the resolution. (b) Any addition to an existing mobilehome as defined in Section 15-49(n) that is placed on an existing mobilehome space that was previously assessed a fire facility development impact fee. (c) Any new nonresidential structure of less than one hundred twenty square feet, with a California Building Code classification of U-1.
(d) New structures such as detached garages, sheds, etc. which are added to an existing residential structure but which do not add a dwelling unit.