CITY OF BUELLTON
CITY COUNCIL AGENDA
Regular Meeting of August 8, 2024 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
CALL TO ORDER
Mayor Dave King
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members, Hudson Hornick, Elysia Lewis, John Sanchez, Vice Mayor David Silva, 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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 July 25, 2024 City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024 and Fiscal Year 2024/2025
City Council Meeting Agenda Page 2 August 8, 2024
3. Monthly Treasurer’s Report – June 30, 2024
(Staff Contact: Finance Director Shannel Zamora)
4. Response to Grand Jury Report – Homeless Encampments in Santa Barbara County: Becoming Part of the Community Again
(Staff Contact: City Manager Scott Wolfe)
PRESENTATIONS
PUBLIC HEARINGS (POSSIBLE ACTION)
5. Ordinance No. 24-04 – “An Ordinance of the City Council of the City of Buellton, California, Amending Title 2 of the Buellton Municipal Code Pertaining to the Buellton Planning Commission” (Introduction and First Reading) (Staff Contact: City Manager Scott Wolfe)
Resolution No. 24-24 – “A Resolution of the City Council of the City of Buellton, California, Establishing General Jurisdiction and Functions of the Buellton Planning Commission”
(Staff Contact: City Manager Scott Wolfe)
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)
6. Further Discussion of Public Safety Radio Tower Facility at Fire Station 31 (Staff Contact: City Manager Scott Wolfe)
7. Discussion of Possible Development Incentives for Waypoint (Bowling Alley) Project (Staff Contact: City Manager Scott Wolfe)
8. Discussion of Adding Accessible and Inclusive Playground Equipment to City Parks (Staff Contact: Public Works Director Rose Hess)
9. Approval of Office of Traffic Safety (OTS) Grant Agreement and Consulting Services Agreement with Move Santa Barbara
(Staff Contact: Public Works Director Rose Hess)
CITY MANAGER’S REPORT
City Council Meeting Agenda Page 3 August 8, 2024
ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, September 12, 2024. The regular meeting of August 22, 2024 will be cancelled.
City Manager Review: SW
Council Agenda Item No.: 1
CITY OF BUELLTON
CITY COUNCIL MEETING MINUTES
Regular Meeting of July 25, 2024
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, John Sanchez, Vice Mayor David Silva, and Mayor King
Staff: City Manager Scott Wolfe, City Attorney Greg Murphy, Public Works Director Rose Hess, Finance Director Shannel Zamora (Via Zoom), Planning Director Andrea Keefer, and City Clerk Linda Reid
REORDERING OF AGENDA
None
PUBLIC COMMENTS
None
CONSENT CALENDAR
1. Minutes of July 11, 2024 Regular City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024 and Fiscal Year 2024/2025
3. Designation of Voting Delegate and Alternate for 2024 League of California Cities Annual Conference Business Meeting
MOTION:
Motion by Council Member Lewis, seconded by Vice Mayor Silva, approving Consent Calendar Items 1 through 3 as listed.
City Council Meeting Minutes Page 2 July 25, 2024
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Hornick – Yes
Council Member Lewis - Yes
Council Member Sanchez – Yes
Vice Mayor Silva - Yes
Mayor King – Yes
PRESENTATIONS
4. Proclamation Recognizing Americans with Disabilities Act – July 26 Mayor King read the proclamation recognizing Americans with Disabilities Act – July 26, 2024 and presented the proclamation to Shannon Sadecki. Ms. Sadecki and other community members spoke about the importance of honoring Americans with Disabilities and thanked the Council for their support.
PUBLIC HEARINGS
COUNCIL MEMBER COMMENTS/ITEMS
Vice Mayor Silva requested that staff look into methods to keep the conversation going with regard to inclusion of residents with disabilities. Vice Mayor Silva requested that staff look into a long-term solution for semi-truck parking in the City.
Council Member Lewis requested that staff look into adding ADA playground equipment in the City’s Parks.
Council Member Hornick requested and Council agreed by consensus to direct staff to look into funding homeowner down payment assistance for employees.
WRITTEN COMMUNICATIONS
None
COMMITTEE REPORTS
Vice Mayor Silva announced that he attended the Central Coast Water Authority (CCWA) Board meeting and provided an oral report regarding the meeting.
Vice Mayor Silva announced that he attended the Affordable Housing Task Force meeting and provided an oral report regarding the meeting.
Mayor King announced that he attended a Santa Barbara County Association of Governments (SBCAG) board meeting and provided an oral report regarding the meeting.
City Council Meeting Minutes Page 3 July 25, 2024
Mayor King announced that he attended the California Joint Powers Insurance Authority (CJPIA) Board meeting in La Palma and provided an oral report regarding the meeting.
BUSINESS ITEMS
5. Approval of Tract Map 31061 for the BUE17 Project
Council Member Hornick recused himself from Item 5 due to the proximity of his residence to the proposed project location and left the dais.
RECOMMENDATION:
That the City Council authorize the City Manager to execute the accompanying access agreement, and Tract Map 31061 and have them recorded following receipt of fees.
STAFF REPORT:
City Manager Wolfe presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
John and Nancy Dorwin, Buellton, submitted a letter for the record prior to the meeting regarding this item.
John Dorwin, Buellton, discussed Tract Map 31061 for the BUE17 Project and requested the Council deny approval of the Tract Map recordation and submitted a handout for the record.
Nancy Dorwin, Buellton, discussed Tract Map 31061 for the BUE17 Project and requested the Council deny approval of the Tract Map recordation.
Jim Fiolek, Buellton, discussed Tract Map 31061 for the BUE17 Project and requested the Council deny approval of the Tract Map recordation.
Lori Oakley, Buellton, questioned the proposed project and access through Rancho de Maria to the project site.
City Attorney Murphy and City Manager Wolfe addressed residents’ questions regarding recordation of Tract Map 31061 and discussed the project construction process.
MOTION:
Motion by Council Member Lewis, seconded by Council Member Sanchez, authorizing the City Manager to execute the accompanying access agreement, and Tract Map 31061 and have the documents recorded following receipt of fees.
City Council Meeting Minutes Page 4 July 25, 2024
VOTE:
Motion passed by a roll call vote of 3-1, with Mayor King voting no.
Council Member Lewis - Yes
Council Member Sanchez – Yes
Vice Mayor Silva – Yes
Mayor King – No
Council Member Hornick returned to the dais following the discussion of Item 5.
6. Story Pole Waiver Request Regarding:
The 518 Mixed-Use Project, 518 Avenue of Flags and
Creekside Village Mixed-Use Project, 480 Avenue of Flags RECOMMENDATION:
That the City Council discuss the installation of story poles and request to waive the story pole requirement for the two projects referenced above.
STAFF REPORT:
Planning Director Keefer presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Brandon Mann, representing the Applicant, discussed the project and explained that installation of story poles would not affect how the community views the project.
MOTION:
Motion by Council Member Lewis, seconded by Mayor King, approving the waiver of story poles on the two projects located at 518 Avenue of Flags and 480 Avenue of Flags.
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Hornick – Yes
Council Member Lewis - Yes
Council Member Sanchez – Yes
Vice Mayor Silva – Yes
Mayor King - Yes
7. Representative Appointment to Water and Sewer Rate Study Committee RECOMMENDATION:
That the City Council appoint two members to the rate study committee.
STAFF REPORT:
Public Works Director Hess presented the staff report.
City Council Meeting Minutes Page 5 July 25, 2024
DIRECTION:
The Council agreed by consensus to appoint Council Member Hornick and Vice Mayor Silva to the rate study committee.
8. Schedule Update for Old and New Library Construction Projects RECOMMENDATION:
That the City Council receive the Library update and authorize staff to close the Library as needed to complete the new and old Library projects.
STAFF REPORT:
Public Works Director Hess presented the staff report.
SPEAKERS/DISCUSSION:
The City Council discussed renting a POD to store the contents of the Library building during the Library’s closure.
DIRECTION:
The Council agreed by consensus to direct staff to close the Buellton Library as needed in order to complete the new and old Library projects.
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.
ADJOURNMENT
Mayor King adjourned the regular meeting at 7:38 p.m. The next regular meeting of the City Council will be held on Thursday, August 8, 2024 at 6:00 p.m. __________________________
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: August 8, 2024
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024 and Fiscal Year 2024/2025
______________________________________________________________________________
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 07/13/2024 through 07/26/2024 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 07/13/2024 through 07/26/2024 was $1,049,853.03.
FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for FY 2023/24 and FY2024/25. 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 07/13/2024 through 07/26/2024.
ATTACHMENTS
Attachment 1 – Claims
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: August 8, 2024
Subject: Monthly Treasurer’s Report – June 30, 2024
______________________________________________________________________________
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 June 30, 2024. 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 June 30, 2024.
ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – June 30, 2024
[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in June 30, 2024
August 8, 2024
This report presents the City’s cash activity and investment portfolio as of June 30, 2024. The report includes:
1) Cash and investments at June 30, 2024 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 June 30, 2024
The following schedule is a summary of the City’s cash and investments based on recorded value as of June 30, 2024 compared with the prior month.
May 31, 2024 June 30, 2024 $ Change
Cash - Pooled $ 6,329,464.35 $ 6,502,315.51 $ 172,851.16 Investments held by the City 17,572,117.73 17,605,421.99 $ 33,304.26 TOTAL CASH AND INVESTMENTS 23,901,582.08 $ $ 24,107,737.50 $ 206,155.42 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 disbursement for the Willemsen House renovation offset with revenue from May 2024 transient occupancy tax (TOT) and April 2024 sales tax. The value of investments also changed due to interest earnings on money market fund and Certificate of Deposits (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 n e 3 0 , 2 0 2 4
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:
14,997,452.58
3,202,741.09
(1,917,585.17)
7,689,690.37
(2,778,006.67)
11,484.40
37,875.12
743,829.16
365,556.25
9,490.08
754,494.79
440,779.99
524,125.52
-
-
25,809.99
-
24,107,737.50
6,490,347.21
5,521,140.90
11,968.30
2,932,017.50
9,152,263.59
Pooled Cash - Webster Bank Escrow - -
24,107,737.50
999-21000 Wages Payable - -
24,107,737.50
24,107,737.50
24,107,737.50
Per Statements: 6/30/2024
Mechanics General Checking 6,717,332.89
Mechanics Money Market 5,521,140.90
Mechanics FSA 11,968.30
Local Agengcy Investment Fund (LAIF) 9,152,263.59
Multi-Bank Securities Bank 2,932,017.50
Webster Bank - Escrow -
Total Cash Per Statement: 24,334,723.18
Claim on Cash vs Total (226,985.68)
Outstanding Items: (226,985.68)
Difference: 0.00
TOTAL DUE TO OTHER FUNDS 23,901,582.08 206,155.42
TOTAL: Cash in Bank 23,901,582.08 206,155.42
DUE TO OTHER FUNDS
999-27000 Due To Other Funds 23,901,582.08 206,155.42
999-10006 -
TOTAL: Cash in Bank 23,901,582.08 206,155.42
-
999-10004 Pooled Cash - Brokerage 2,918,127.55 13,889.95 999-10005 Pooled Cash - LAIF 9,152,263.59 -
999-10002 Pooled Cash - Money Market 5,501,726.59 19,414.31 999-10003 Pooled Cash - FSA 11,305.20 663.10
TOTAL CLAIM ON CASH 23,901,582.08 206,155.42
CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 6,318,159.15 172,188.06 091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 264,838.77 (239,028.78)
075-10000 Claim On Pooled Cash 502,662.06 21,463.46
090-10000 Claim On Pooled Cash - -
031-10000 Claim On Pooled Cash 713,140.16 41,354.63
032-10001 Claim On Pooled Cash 440,421.14 358.85
027-10000 Claim On Pooled Cash 366,928.95 (1,372.70)
029-10000 Claim On Pooled Cash 9,482.45 7.63
024-10000 Claim On Pooled Cash 37,844.66 30.46
025-10000 Claim On Pooled Cash 718,298.19 25,530.97
021-10000 Claim on Pooled Cash (2,778,006.67) -
023-10000 Claim On Pooled Cash 11,475.17 9.23
006-10000 Claim on Pooled Cash (1,917,585.17) -
020-10000 Claim On Pooled Cash 7,554,763.08 134,927.29
CLAIM ON CASH
001-10000 Claim On Pooled Cash 14,760,122.44 237,330.14 005-10000 Claim On Pooled Cash 3,217,196.85 (14,455.76) Bank Reconciliation - June 2024
City of Buellton, CA
For the Period Ending 6/30/2024
6/1/2024
BALANCE
CURRENT
ACTIVITY
6/30/2024
BALANCE ACCOUNT # ACCOUNT NAME
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 n e 3 0 , 2 0 2 4
P a g e | 3
City of Buellton
Investment Summary
June 30, 2024
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 52.71% 4.30% n/a n/a $ 9,152,263.59 $ 9,152,263.59 Capital One Bank 0.58% 2.00% 5 yrs. 8/21/2024 100,000.00 99,489.00 Security Identifier: 14042TCB1
Morgan Stanley Bank 0.58% 1.90% 5 yrs. 1/23/2025 100,000.00 98,096.00 Security Identifier: 61760A6K0
State Bk India 1.15% 1.60% 5 yrs. 4/29/2025 200,000.00 194,064.00 Security Identifier: 856285TF8
Sallie Mae Bank 0.69% 0.80% 5 yrs. 7/1/2025 120,000.00 114,874.80 Security Identifier: 7954506Q3
Spokane Teachers Credit Union 1.04% 0.80% 5 yrs. 4/15/2027 180,000.00 179,393.40 Security Identifier: 849061AG1
Third Fed Savings 1.41% 3.50% 5 yrs. 6/28/2027 245,000.00 235,670.40 Security Identifier: 88413QDL9
Morgan Stanley Bank 0.60% 3.75% 5 yrs. 6/28/2027 104,000.00 100,721.92 Security Identifier: 61773TFC2
Capital One Bank 1.41% 3.75% 5 yrs. 9/30/2027 244,000.00 240,076.48 Security Identifier: 14042RURO
Hickam Federal Credit Union 0.58% 3.75% 4 yrs. 1/31/2028 100,000.00 98,220.00 Security Identifier: 42869GAB2
Global Federal Credit Union 1.43% 4.60% 5 yrs. 4/17/2028 249,000.00 248,205.69 Security Identifier: 37892MAC8
Optum Bk Draper Utah CTF Dep 0.92% 4.45% 5 yrs. 12/22/2028 160,000.00 159,072.00 Security Identifier: 68405VBV0
First Foundation Bank 0.92% 4.60% 5 yrs. 5/10/2029 160,000.00 100,228.00 Security Identifier: 68405VBV0
United States Treasury Bill 6.04% 5.11% 6 mo. 6/13/2024 1,049,000.00 1,049,953.14 Security Identifier: 912797FS1
Multi-Securities Bank - Cash in Holding 13,952.67
Money Market (Held with Mechanics Bank) 29.95% 4.70% n/a 5,200,000.00 5,521,140.90 Total City Investments 100.00% $ 17,363,263.59 $ 17,605,421.99 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 n e 3 0 , 2 0 2 4
P a g e | 4
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 June 30, 2024.
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 June 30, 2024
Balance
11,008,491.91 9,894,681.67 15,077,694.08
1,272,420.83 1,512,247.45 2,938,654.73
006 - Wastewater Capital 59,536.40 190,629.92 219,987.21 020 - Water Fund 2,765,274.96 2,442,389.07 8,678,342.72 021 - Water Capital 22,785.00 46,528.61 282,389.51
3,670.84 - 500,152.48
1,117.59 - 37,824.70
326,067.62 176,915.97 732,301.96
027 - Local Transportation Fund 15,008.48 20,009.92 366,283.45 029 - Transportation Planning 346.66 26,510.80 (129,033.70) 031 - Measure A 391,040.91 472,700.12 786,234.65
032 - American Relief Act Fund 627,498.15 610,218.51 27,738.65 075 - Trust & Agency Fund 10,556.26 - 23,739.10
090 - Long-Term Debt - - (2,917,219.67)
091 - General Fixed Assets - - 26,454,746.40
3,267,762.18
19,286,236.76 52,454,193.73
26,454,746.40
092 - Capital Improvement Proj Fund - 3,893,404.72 (625,642.54) 51,968,852.70 19,771,577.79
371,284.89
(102,869.56)
867,893.86
10,459.01
13,182.84
(2,917,219.67)
306,133.12
023 - Housing Fees 496,481.64
024 - Traffic Mitigation Fund 36,707.11
025 - Gas Tax Fund 583,150.31
001 - General Fund 13,963,883.84
005 - Sewer Fund 3,178,481.35
351,080.73
8,355,456.83
Fund Balance Report
City of Buellton, CA 6/30/2024
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: Scott Wolfe, City Manager
Meeting Date: August 8, 2024
Subject: Response to Grand Jury Report – Homeless Encampments in Santa Barbara County: Becoming Part of the Community Again
______________________________________________________________________________
BACKGROUND
The Santa Barbara County Grand Jury released a report on June 21, 2024 on Homeless Encampments in the county. The report was quite comprehensive in terms of significant issues surrounding the establishment, regulation, and cleanup of encampments.
As part of this report, a number of jurisdictions, including cities, the County, and individual County departments or agencies, have been required to respond to recommendations made by the Grand Jury in its report. The required responses for Buellton involve the use of a multi-disciplinary team when conducting an encampment cleanup (Finding and Recommendation 2), as well as a finding that encampments lack sanitation services, and a recommendation that the City provide trash cans, porta-potties, handwashing facilities, and sharps containers near encampment sites (Finding and Recommendation 3). Responses from the City are to include a statement of either Agreement, Partial Disagreement (with an explanation), or Disagreement in full with each Finding. Additionally, the City is to respond as to its status or intent to implement each recommendation. Responses from the City are due within 90 days of receipt of the report from the Grand Jury (September 19).
Staff has prepared responses to each of the Findings and Recommendations for which responses are required. These responses are:
Finding 2
The negative effects of encampment sweeps can be mitigated when a variety of community resources are present at the time of the clean-up.
Response to Finding 2 - AGREE
Response to Grand Jury Report - Encampments Page 2 August 8, 2024 Recommendation 2
The County and the cities shall ensure that all sweeps occur utilizing a multi-disciplinary approach.
Response to Recommendation 2 – WILL BE IMPLEMENTED – The City agrees that a multi-disciplinary approach is necessary to address the issues associated with engaging unhoused persons and attempting clean-up operations, to minimize trauma to the unhoused persons, to protect their rights, and to ensure their long-term health and well-being. While the City has no encampments in need of clean-up, any future cleanup operation of encampments will be conducted in consultation with law enforcement, Public Health, Behavioral Wellness, and other County and non-profit social service agencies.
Finding 3
Encampments lack basic sanitation services.
Response to Finding 3 - AGREE
Recommendation 3
The County and the cities shall make trash cans, porta-potties, resources for handwashing, and sharps containers for safe disposal of needles and other hazardous waste available near encampment sites.
Response to Recommendation 3 – WILL NOT BE IMPLEMENTED
– The City of Buellton currently has no encampments within the City Limits. The determination as to whether or not to provide the facilities identified in Recommendation 3 will be made by the City as part of its response to the establishment of an encampment (should that occur), and will be made in light of the suitability of the site for such an encampment, the potential impact of the encampment on nearby residents and businesses, and the options available to the City for removal of such an encampment (especially in light of the recent Supreme Court decision in Grants Pass v.
Johnson). While the City is unable to commit to any particular action with regard to providing facilities to a hypothetical encampment, it does commit to making decisions in this regard with a focus on the protection of the health and safety of the encampment residents as well as the community at large.
Response to Grand Jury Report - Encampments Page 3 August 8, 2024 The proposed responses to Findings 2 & 3 are “Agree.” The findings themselves are relatively clear and undisputed on their face. The same cannot be said for the Grand Jury’s Recommendations 2 & 3, which identify the implementation of policy measures that may or may not be appropriate in any given situation. Recommendation 2 suggests a multidisciplinary team that would be involved in the removal or clean-up of an encampment.
Staff finds that while such an approach is not indisputable, it is likely the best approach when facing such a task, given the wide array of issues to be addressed, and therefore propose agreeing to implement the recommendation if an encampment occurs.
Recommendation 3, however, is written in such a way as to assert that the provision of sanitation facilities is appropriate for any encampment site, regardless of circumstances surrounding them. Staff disagrees with this assertion, and therefore recommends that the City Council keep open the option of making a different policy decision should the need to address such an encampment arise.
Staff has prepared these responses with a recognition that there are currently no encampments within the City of Buellton, but with a recognition that should such an encampment materialize, there will need to be action taken to mitigate impacts of such an encampment on the community, as well as to provide for the safety and well-being of the encampment residents until such time as the City can decide upon the proper approach to address the issue. The responses acknowledge the intent of the Grand Jury Report to bring attention to this important matter and the humanitarian crisis it represents, while resisting any commitment on the part of the City which involves policy decisions that would clearly be premature at this time.
RECOMMENDATION
That the City Council discuss this matter, amend responses as deemed appropriate and direct staff to prepare a formal response to the Grand Jury on behalf of the City Council for the City Manager’s signature.
ATTACHMENTS
Attachment 1 – Grand Jury Report – Homeless Encampments in Santa Barbara County:
Becoming Part of the Community Again
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: Scott Wolfe, City Manager
Meeting Date: August 8, 2024
Subject: Ordinance No. 24-04 – “An Ordinance of the City Council of the City of Buellton, California, Amending Title 2 of the Buellton Municipal Code Pertaining to the Buellton Planning Commission” (Introduction and First Reading)
Resolution No. 24-24 – “A Resolution of the City Council of the City of Buellton, California, Establishing Jurisdiction and Functions of the Buellton Planning Commission”
BACKGROUND
At its June 27, 2024, meeting, the City Council directed staff to return to the City Council with changes related to the procedures associated with the Planning Commission; specifically as to the scope of its purview, the procedures for appointment of, and appropriate terms for, Commissioners. This agenda item includes the resolution and ordinance necessary for the changes requested to these matters. Each action is discussed below.
Scope of Planning Commission Purview
The Planning Commission acts as an advisory body to the City Council on all planning and development issues, and is a decision-making body tasked with ensuring that the General Plan is implemented by reviewing development applications and balancing City policy with community input. The Commission has largely been guided by the Planning Department staff with regard to interpretation of the City’s major policy documents, such as the General Plan, Specific Plans, Municipal Code, Architectural Design Guidelines, and the like. The Commission is supported by City staff, but not bound by it. The function of the Planning Department in the Planning Commission arena is to provide the Commission with information relevant to the matters being considered, analysis of those matters in light of established City policy and sound planning principles, and recommendations based upon this analysis. What this Commission chooses to do with this information and recommendation is left to their discretion.
Ordinance No. 24-04 & Resolution No. 24-24 Page 2 August 8, 2024 The Commission has operated since its inception without a formal document identifying how it should function and how it should make its decisions. The City Council, at its June 27 meeting, directed staff to create such a document.
California Government Code Section 65102 authorizes a city council to establish any rules, procedures, or standards for its planning commission that do not conflict with state or federal laws. Staff’s goal in responding to the City Council’s direction is to provide a concise and easily understandable document that establishes a purview for the Planning Commission which identifies acceptable considerations upon which the Planning Commission may base its decisions and recommendations. Such considerations have been drawn from State and Federal law, adopted City policies and regulations, and general practices of cities throughout California, though these sources are not to be construed as exhaustive or universally applied in California cities.
Generally speaking, the identified documents proposed for consideration by the Planning Commission include state laws, federal laws, and those applicable policy and regulatory documents which have been adopted by the City (and occasionally the County) which pertain to the use or physical development of land in the City. Such City documents include the City’s General Plan (to include the most recent versions of all adopted elements therein); Municipal Code (primarily Title 18 – Subdivisions and Title 19 – Zoning, but relevant sections of other Titles are also appropriate for use by the Commission); adopted Specific Plans; County adopted policy documents with applicability in the City, such as Air Pollution Control Plans, Flood Control Plans and policies, and Groundwater Sustainability Plans and policies; and City adopted policy documents such as Architectural Design Guidelines, Traffic Impact Analysis Guidelines, City CEQA Guidelines, City Capital Improvement Plan, and Trails Master Plan.
The proposed Jurisdiction and Function of the Planning Commission is included in the document attached to this report as Resolution No. XX-24 (Attachment 1). This Resolution shall be incorporated by reference into Ordinance No. XX-24 (Attachment 1) which will amend the Municipal Code to reflect the City Council’s new policy determination.
Following the adoption of this Ordinance, as directed by the City Council on June 27, staff will begin the process of creating an official Planning Commissioner Handbook, which will incorporate the contents of the ordinance into a more comprehensive document. This will return to the City Council at a later date, likely in early 2025.
Planning Commissioner Appointment
The current process for the seating of Planning Commissioners is similar to a public job interview process. Consistent with California Government Code Section 54970, the City Clerk posts an announcement of upcoming vacancies on the City’s website and other locations. Persons interested in serving on the Commission submit an application to the City Clerk, who compiles them until the closing date of the application period. Following the closing date, the City Clerk schedules an item on an upcoming City Council meeting agenda. At the noticed meeting, the City Council interviews the applicants and votes as a body to select applicants to fill the open seats.
Ordinance No. 24-04 & Resolution No. 24-24 Page 3 August 8, 2024 At the June 27 meeting, the City Council directed staff to return with an ordinance to change the process by which Planning Commissioners are appointed. The alternative approach that the Council felt would provide a more balanced representation of the views of each Councilmember involves allowing each Councilmember to nominate a Planning Commissioner, with each appointment ratified by a majority vote of the entire City Council. To accomplish this request, staff recommends the replacement of the language in Section 2.28.050 of the Municipal Code with the following:
“After following procedures of Government Code Section 54970, each Councilmember shall have the right to nominate a person (who need not reside within the Councilmember’s district) for one position on the Commission which nomination shall be approved and appointed by majority vote the City Council. Members may be removed by a majority of the City Council. The chairperson of the board or commission shall be selected by a majority of the membership of that board or commission.” This language has been inserted into the draft Ordinance accompanying this report as Attachment 2.
Planning Commissioner Terms
In addition to direction to bring back changes to the process of Planning Commissioner appointments, the City Council also directed staff to return with an ordinance to amend the term of Planning Commissioners. The preference of the Council was a two-year term length which would allow the City Council re-consider appointments of all five Commissioners following each election. This was thought to result in the Planning Commission more closely reflecting the make-up of the City Council as it may change in each election.
The City Council also felt that the two Planning Commissioners with unexpired terms at the end of 2024 should be allowed to complete their appointed terms, which end in 2026.
To accomplish these directions, staff is recommending the amendment of Section 2.28.010 to remove any reference to terms, and the amendment of Section 2.28.060 of the Buellton Municipal Code with the following language:
“The term of each board or commission member shall be two years, except as otherwise provided in this code. At the completion of any term, a board or commission member may be reappointed pursuant to the procedures set forth in Section 2.28.050.
Commissioners in office at this time of the adoption of this Section with terms which expire in 2026 may complete their terms. Until the vacation of those seats, the Councilmember for District 2 shall be assumed to have appointed the existing Commissioner whose last name comes first, alphabetically, and the Councilmember for District 3 shall be assumed to have appointed the remaining existing Commissioner.”
Ordinance No. 24-04 & Resolution No. 24-24 Page 4 August 8, 2024
RECOMMENDATION
That the City Council consider the introduction and first reading of Ordinance No. 24-04 - “An Ordinance of the City Council of the City of Buellton, California, Amending Title 2 of the Buellton Municipal Code Pertaining to the Buellton Planning Commission” That the City Council consider adoption of Resolution No. 24-24 - “A Resolution of the City Council of the City of Buellton, California, Establishing Jurisdiction and Functions of the Buellton Planning Commission”
ATTACHMENTS
Ordinance No. 24-04
Resolution No. 24-24
ORDINANCE NO. 24-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BUELLTON, CALIFORNIA, AMENDING TITLE 2 OF THE
BUELLTON MUNICIPAL CODE PERTAINING TO THE
BUELLTON PLANNING COMMISSION
WHEREAS, Title 2 of the Buellton Municipal Code creates the Buellton Planning Commission; establishes its general jurisdiction, functions, powers, and duties; and terms and establishes appointment procedures and terms of City Boards and Commissions, generally; and WHEREAS, Buellton’s land use and zoning policies and regulations have evolved over more than 30 years since the City’s incorporation in 1992; and WHEREAS, California Government Code Section 65102 authorizes the City Council to establish any rules, procedures, or standards for its planning commission that do not conflict with state or federal laws; and
WHEREAS, the City Council desires to further refine and define the general jurisdiction, functions, powers, and duties; and terms and establishes appointment procedures of the Planning Commission, and terms of service of City Boards and Commissions, generally, to reflect the current needs of the City of Buellton.
NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Buellton:
SECTION 1. Findings. The City Council finds and determines as follows:
A. The purpose of this ordinance is to amend the Buellton Municipal Code Title 2 to further refine and define the general jurisdiction, functions, powers, and duties; and terms and establishes appointment procedures of the Planning Commission, and terms of service of City Boards and Commissions, generally.
B. On August 8, 2024, the Buellton City Council considered the staff report accompanying this Ordinance, the verbal staff report given at such Council meeting, as well as any comments from the public concerning this ordinance.
C. The City Council finds and determines that this ordinance is necessary to provide a Planning Commission which more accurately reflects and is more responsive to the Community, and which has more a better defined scope of the duties that they undertake.
SECTION 2. To provide a Planning Commission which more accurately reflects and is more responsive to the Community, Section 2.28.050 of Title 2 of the Buellton Municipal Code is hereby amended to read as follows:
Ordinance No. 24-04 Page 2 August 8, 2024
2.28.050 – Appointment. After following procedures of Government Code Section 54970, each Councilmember shall have the right to nominate a person (who need not reside within the Councilmember’s district) for one position on the Commission which nomination shall be approved and appointed by majority vote the City Council. Members may be removed by a majority of the City Council. The chairperson of the board or commission shall be selected by a majority of the membership of that board or commission.
SECTION 3. To provide a Planning Commission which more accurately reflects and is more responsive to the Community, Section 2.28.010 and Section 2.28.060 of Title 2 of the Buellton Municipal Code are hereby amended to read as follows:
2.28.010 Commissions established.
A. The city council shall appoint, by majority vote of the city council, each commissioner who shall be a qualified elector of the city.
B. The city council may wish to establish by ordinance such other boards or commissions as it deems necessary.
2.28.060 – Term. The term of each board or commission member shall be two years, except as otherwise provided in this code. At the completion of any term, a board or commission member may be reappointed pursuant to the procedures set forth in Section 2.28.050.
[NOT TO BE CODIFIED] Commissioners in office at this time of the adoption of this Section with terms which expire in 2026 may complete their terms. Until the vacation of those seats, the Councilmember for District 2 shall be assumed to have appointed the existing Commissioner whose last name comes first, alphabetically, and the Councilmember for District 3 shall be assumed to have appointed the remaining existing Commissioner.
SECTION 4. To provide a better defined scope of duties for the Planning Commission, Section 2.36.020 of Title 2 of the Buellton Municipal Code is hereby amended to read as follows:
2.36.020 – City Planning Commission – General jurisdiction and functions. The planning commission for the city, as created and described in Section 2.36.010 of this code shall perform all functions and take all actions designated in the Buellton Municipal Code, and shall have other such duties, and shall be bound by such rules, procedures, and standards as shall be established by resolution by the City Council.
SECTION 5. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
SECTION 6. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
Ordinance No. 24-04 Page 3 August 8, 2024
PASSED, APPROVED, AND ADOPTED this ___ day of September, 2024. _______________________________
Dave King
Mayor
ATTEST:
_______________________________
Linda Reid
City Clerk
RESOLUTION NO. 24-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUELLTON, CALIFORNIA, ESTABLISHING GENERAL
JURISDICTION AND FUNCTIONS OF THE BUELLTON
PLANNING COMMISSION
WHEREAS, Section 2.36.020 of the Buellton Municipal Code establishes the general jurisdiction and function of the planning commission by referencing duties assigned by the County’s Development Code, which the City had originally adopted; and WHEREAS, Buellton’s land use and zoning policies and regulations have evolved over more than 30 years since the City’s incorporation in 1992; and WHEREAS, California Government Code Section 65102 authorizes the City Council to establish any rules, procedures, or standards for its planning commission that do not conflict with state or federal laws; and
WHEREAS, the City Council desires to further refine and define the jurisdiction and functions of the Buellton Planning Commission to reflect the current needs of the City of Buellton.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Buellton does hereby resolve, determine, and order as follows:
SECTION 1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The City Council hereby adopts the City of Buellton Planning Commission General Jurisdiction and Functions document attached hereto, marked as Exhibit A, and incorporated herein by this reference.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 8th day of August, 2024. ____________________________
Dave King
Mayor
ATTEST:
____________________________
Linda Reid
City Clerk
Exhibit A
City of Buellton Planning Commission
General Jurisdiction and Functions
The City Council of the City of Buellton has established the following rules, procedures, and/or standards for the Buellton Planning Commission:
1. The Buellton Planning Commission shall carry out all duties as established by state law and the Buellton Municipal Code. These duties shall be carried out in a manner consistent with, and as limited by, the following:
a. The Planning Commission’s jurisdiction and functions shall include decisionmaking on the following matters:
i. Subdivision Maps and Lot Line Adjustments – The Commission shall review, hold hearings, and approve or deny applications for creation of, or changes to, property lines.
ii. Development Entitlements – The Commission shall review, hold hearings, and approve or deny certain applications for Final Development Plans, Conditional Use Permits, and other entitlements as assigned by the Municipal Code.
iii. Native Tree Permits – The Commission shall review, hold hearings, and approve or deny certain applications for significant alterations to, or removals of, native trees within the City, subject to protections under the Buellton Municipal Code.
iv. Environmental Certification – The Commission shall review, and approve or deny certification of relevant environmental review conducted pursuant to the California Environmental Quality Act (CEQA) for projects which come before the Planning Commission for decision.
v. Appeals of Staff Decisions – The Commission shall review, hold hearings, and uphold or overturn any decision made by staff (or Zoning Administrator) on matters in which the Commission is named by the Buellton Municipal Code as the body to which such appeals are made. b. The Planning Commission’s jurisdiction and functions shall also include making recommendations to the City Council on the following matters:
i. General Plan – The Commission shall assist in the development of, hold hearings, and make recommendations to the City Council on the adoption of, or amendment to, any of the various elements of the Buellton General Plan.
ii. Specific Plans – The Commission shall assist in the development of, hold hearings, and make recommendations to the City Council on the adoption of, or amendment to, any of the Specific Plans within the City. iii. Development Agreements – The Commission shall review, hold hearings, and make recommendations to the City Council on the approval of Development Agreements associated with any General Plan Amendment, Specific Plan Amendment, Zone Change, or Development Entitlement which the Commission is charged with reviewing.
iv. Zoning – The Commission shall review, hold hearings, and make recommendations to the City Council on the approval of any change to the Zoning of any property within the City, or any application of pre-zoning to any property outside the City limits being considered for annexation to the City.
v. Municipal Code Amendments - The Commission shall assist in the development of, hold hearings, and make recommendations to the City Council on the adoption of, or amendment to, any portion of Title 18 (Subdivisions) or Title 19 (Zoning) of the Buellton Municipal Code. vi. Policy Documents – The Commission shall assist in the development of, hold hearings, and make recommendations to the City Council on the adoption of, or amendment to, any of the various policy documents – such as Architectural Design Guidelines or Landscaping Guidelines – which pertain to land use and zoning policy implementation within the City. vii. Matters Requiring City Council Approval – The Commission shall review, hold hearings on, and make recommendations to the City Council in lieu of making a decision to approve or deny any item listed in subsection (a), above, which is accompanied by, and dependent upon, any item listed in subsection (b), or which for some other reason, is within the approval authority of the City Council.
2. The Buellton Planning Commission shall also carry out such duties as assigned by the Buellton City Council. These duties shall be carried out in a manner consistent with, and as limited by, the following:
a. The Planning Commission shall also function as the City’s Tree and Landscape Advisory Board, but shall not constitute a separate body. i. The Commission shall review, conduct public discussions, and make recommendations to City staff regarding disputes or other issues pertaining to the planting, care, and maintenance of trees and landscaping on public property.
ii. The Commission shall review, conduct hearings, and make decisions regarding disputes or other issues pertaining to the planting, care, and maintenance of trees and landscaping on private property, subject to City regulation (native tree permits, approved landscape plans, etc.).
3. The Buellton Planning Commission shall review matters and make decisions or recommendations under its jurisdiction as noted in sections 1 and 2, above, in light of the following considerations:
a. Consistency with the Buellton General Plan.
b. Consistency with any relevant Specific Plan.
c. Compliance with the Buellton Municipal Code.
d. Compliance with relevant state or federal laws which pertain to the City. e. Consistency with any City-adopted policy document including, but not limited to, Architectural Design Guidelines, local CEQA Guidelines, Traffic Impact Analysis Guidelines, Capital Improvement Program, etc.
f. Consistency with any County- or State-adopted policy or regulatory document with subject matter jurisdiction over the City.
g. Consistency with any conditions of approval of a valid development entitlement or subdivision map on the property in question.
4. The Buellton Planning Commission shall not review matters and make decisions or recommendations under its jurisdiction as noted in sections 1 and 2, above, which:
a. Are based upon Commissioners’ personal feelings regarding proponents or opponents of any matter under the Commission’s review.
b. Are based upon Commissioners’ personal political or religious beliefs. c. Are based upon factors or issues, or contain requirements or conditions which require decisions which are solely within the purview of the City Council, including, but not limited to:
i. Sale or acquisition of property by the City (except as such may pertain to consistency or compliance with items listed in Section 3, above). ii. License or other grant of use of City-owned or controlled property to another party (except as such may pertain to consistency or compliance with items listed in Section 3, above).
iii. Fiscal or economic effects, whether detrimental or beneficial. iv. Non-land use related City operational or public policy considerations.
d. Are based upon factors not under the jurisdiction or control of the City. e. Are in violation of any City, state, or federal law.
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: August 8, 2024
Subject: Further Discussion of Public Safety Radio Tower Facility at Fire Station 31
______________________________________________________________________________
BACKGROUND
On June 27, 2024, the City Council received a presentation from the County’s consultant, Zahid Masood, on a proposed Radio transmission tower to be placed behind Fire Station 31, adjacent to the Senior Center facility. The tower is to be a part of the County’s Public Safety Radio System Replacement Project, which is intended to provide an updated, integrated communications system for county public safety agencies. The proposed Buellton tower would provide radio coverage for a large area of the Santa Ynez Valley, and would connect to the rest of the county through microwave communication with other towers located in Santa Ynez and on Figueroa Mountain.
The tower itself was originally designed at a 90 foot height to accommodate a number of antennas required for the tower to effectively function in the new communication system, but the County was able to accept a reduced area of coverage for the Fire Station 31 tower which would result in the necessary height of the tower being lowered to sixty-five (65) feet.
Mr. Masood has provided example photographs of the types of antenna structures that can be considered. He will be looking for the City Council’s preference with regard to the type of structure upon which to place the antennas.
FISCAL IMPACT
This item is not expected to any fiscal impacts to the City’s General Fund.
RECOMMENDATION
That the City Council provide the County its preferred style of tower for the antennas.
ATTACHMENTS
Attachment 1 - Memorandum Including Photos of Sample Tower Configuration
1 MEMORANDUM
To: Scott Wolfe, City Manager, City of Buellton
From: Zahid Masood, Project Manager PSRN
Date: July 8, 2024
Subject: County of Santa Barbara Fire Station 31 Radio Tower Follow-up from June 27, 2024 City Council Meeting
Please see response to the two follow-up items raised during the June 27, City of Buellton City Council meeting:
A. INFORMATION ON RF EXPOUSURE
1. CAN RADIOFREQUENCY RADIATION CAUSE CANCER?
Some studies have also examined the possibility of a link between RF exposure and cancer. Results to date have been inconclusive. While some experimental data have suggested a possible link between exposure and tumor formation in animals exposed under certain specific conditions, the results have not been independently replicated. Many other studies have failed to find evidence for a link to cancer or any related condition. The Food and Drug Administration has further information on this topic with respect to RF exposure from mobile phones at the following Web site: FDA Radiation-Emitting Products Page . (Back to Index)
2. HOW SAFE ARE RADIO ANTENNAS USED FOR PAGING AND "TWO-WAY" COMMUNICATIONS? WHAT ABOUT "PUSH-TO-TALK" RADIOS SUCH AS "WALKIETALKIES?" Land-mobile communications include a variety of communications systems, which require the use of portable and mobile RF transmitting sources. These systems operate in several frequency bands between about 30 and 1000 MHz. Radio systems used by the police and fire departments, radio paging services and business radio are a few examples of these communications systems. They have the advantage of providing communications links between various fixed and mobile locations.
There are essentially three types of RF transmitters associated with land-mobile systems: basestation transmitters, vehicle-mounted transmitters, and hand-held transmitters. The antennas and power levels used for these various transmitters are adapted for their specific purpose. For example, a base-station antenna must radiate its signal to a relatively large area, and therefore, its transmitter generally has to use higher power levels than a vehicle-mounted or hand-held radio transmitter. Although base-station antennas usually operate with higher power levels than other types of land-mobile antennas, they are normally inaccessible to the public since they must be mounted at significant heights above ground to provide for adequate signal coverage. Also, many of these antennas transmit only intermittently. For these reasons,
2 base-station antennas are generally not of concern with regard to possible hazardous exposure of the public to RF radiation. Studies at rooftop locations have indicated that high-powered paging antennas may increase the potential for exposure to workers or others with access to such sites, e.g., maintenance personnel. This could be a concern especially when multiple transmitters are present. In such cases, restriction of access or other mitigation actions may be necessary.
Transmitting power levels for vehicle-mounted land-mobile antennas are generally less than those used by base-station antennas but higher than those used for hand-held units. Some manufacturers recommend that users and other nearby individuals maintain some minimum distance (e.g., 1 to 2 feet) from a vehicle-mounted antenna during transmission or mount the antenna in such a way as to provide maximum shielding for vehicle occupants. Studies have shown that this is probably a conservative precaution, particularly when the percentage of time an antenna is actually radiating is considered. Unlike cellular telephones, which transmit continuously during a call, two-way radios normally transmit only when the "push-to-talk" button is depressed. This significantly reduces exposure, and there is no evidence that there would be a safety hazard associated with exposure from vehicle-mounted, two-way antennas when the manufacturer's recommendations are followed.
Hand-held "two-way" portable radios such as walkie-talkies are low-powered devices used to transmit and receive messages over relatively short distances. Because of the low power levels used, the intermittency of these transmissions ("push-to-talk"), and due to the fact that these radios are held away from the head, they should not expose users to RF energy in excess of safe limits. Although FCC rules do not require routine documentation of compliance with safety limits for push-to-talk two-way radios as it does for cellular and PCS phones (which transmit continuously during use and which are held against the head), most of these radios are tested and the resulting SAR data are available from the FCC’s Equipment Authorization database. Click on the link for FCC ID Search. (Back to Index)
3. HOW SAFE ARE MICROWAVE AND SATELLITE ANTENNAS?
Point-to-point microwave antennas transmit and receive microwave signals across relatively short distances (from a few tenths of a mile to 30 miles or more). These antennas are usually circular dish or rectangular in shape and are normally mounted on a supporting tower, rooftop, sides of buildings or on similar structures that provide clear and unobstructed line-of-sight paths between both ends of a transmission path. These antennas have a variety of uses, such as relaying long-distance telephone calls, and serving as links between broadcast studios and transmitting sites.
The RF signals from these antennas travel in a directed beam from a transmitting antenna to the receiving antenna, and dispersion of microwave energy outside of this narrow beam is minimal or insignificant. In addition, these antennas transmit using very low power levels, usually on the order of a few watts or less. Measurements have shown that ground-level power densities due to microwave directional antennas are normally thousands of times or more below recommended safety limits. Moreover, microwave tower sites are normally inaccessible
3 to the general public. Significant exposures from these antennas could only occur in the unlikely event that an individual were to stand directly in front of and very close to an antenna for a period of time.
4. The County used the following FCC site to provide the above RF information for the City of Buellton:
https://www.fcc.gov/engineering-technology/electromagnetic-compatibility-division/radiofrequency-safety/faq/rf-safety B. SAMPLE PHOTOS OF WATER TOWERS
1. Sample 1 – Water Tower: Please note, per the vendor, they can try to hide the antennas inside the tower by making a fiber glass structure. Signage not included.
4 2. Sample 2 – Water Tower: Please note, per the vendor, they can try to hide the antennas inside the tower by making a fiber glass structure. Signage not included.
5 3. Sample 3 – Four Legged Regular Tower: This is a County of Santa Barbara Emergency Operations Center site in Santa Barbara, which shows 4 microwave dishes, but in the City of Buellton case, (Fire Station 31) will have only 1 microwave dish at the 40’ level. This tower shown here is 50’ but it has since been retrofitted to 70’.
Microwave dish
Copy: Chris Chirgwin, CIO, County of Santa Barbara
End of Memorandum.
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: Scott Wolfe, City Manager
Meeting Date: August 8, 2024
Subject: Discussion of Possible Development Incentives for Waypoint (Bowling Alley) Project
______________________________________________________________________________
DISCUSSION
The City has been working to facilitate the development of an entertainment center for many years, and for at least the past 10 years, has been focused upon the development of a bowling alley, in particular. Beginning with a concept for a facility on Industrial Way, and then moving to a site adjacent to Coastal Vineyard Care Associates on Highway 246, the bowling alley project (recently known as the Waypoint project) has been through a number of iterations, and is now under new ownership.
The new owner has indicated that the project will need to be reduced in size in order to make it economically viable given market conditions. Recently, staff has been approached by the owner’s agent requesting any type of economic incentive that might be available from the City in order to make this investment on the part of the property owner more secure, and possibly allow a more varied offering of family entertainment opportunities at the site.
As a small City, and particularly after the dissolution of its Redevelopment Agency, Buellton has historically not engaged in the offering of incentives to private development.
Incentives have not been a necessity to drive development and business in Buellton, as our location at the crossroads of two major transportation corridors, our historic status as a stopping point for travelers, and the Valley’s local tourism industry have allowed the City to create a very robust, diversified, economy that was even able to sustain itself through the COVID-19 pandemic. However, given the small population of the Valley, and the dwindling popularity and viability of family entertainment centers – as evidenced by the shrinking numbers of such facilities in recent years – such incentives may be a good way to entices such businesses to open in the City.
Waypoint Development Incentives Page 2 August 8, 2024
Staff has contemplated relatively simple incentives that may be considered if the City Council is wanting to encourage the development of the Waypoint project or other type of use that the Council deems to be of significant importance to the community. These are incentives based upon a rebate of property tax, sales tax, or both.
Sales tax incentives would involve a rebate of some portion of the sales tax paid by the business. The City’s portion of the 7.75% Sales Tax Rate in Santa Barbara County is 1% of the sales. This is the maximum amount that the City can offer as a rebate, because the remaining 6.75% of the sales tax collected goes to other entities. As an example, a business that produces one million dollars in taxable sales in a given year would collect and pay
7.75% of that in sales tax, amounting to $77,500. Of this, the City’s portion would be $10,000. If the City were to rebate the entirety of the sales tax collected by the City on this business for 10 years, the rebate amount would be $100,000, assuming that a taxable sales amount of one million dollars is consistent each year. The City could rebate the entirety of the City portion of sales tax collected each year, or a smaller percentage.
Property tax incentives operate in a similar fashion, though the property tax calculation is a bit different. The property tax rate is about 1% of the assessed valuation of a property.
Of this taxed amount, the City gets a portion equal to 16.52% of the tax collected. So, with a property valued at one million dollars, the property tax paid each year would be about $10,000, and the City’s portion of this would be $1,652. A 10 year rebate program could result in a rebate total of more than $100,000.
These are examples based upon a one million dollar basis for tax collection. Rough estimates for bowling alley operations indicate taxable sales in the $2,000,000 per year range, which would effectively double to $10,000 annual sales tax (used in the example) that could be refunded. Similarly, property tax for the property is currently based upon a figure of $1,750,000, with the recent sale likely to result in an assessment of $2,800,000.
Further, following construction of the bowling facility and other improvements, the assessed value would likely increase several million dollars more, leading to more property tax being generated and potentially available for rebate as an incentive.
Other incentives could include offering or carrying a construction loan or some other type of financing for the project. There are a number of ways to structure such loans to maximize benefit to the property owner, while minimizing risk to the City. This could be much more meaningful to the prospective business owner than sales or property tax rebates.
It should be noted that prior to selecting an incentive, the City will need to do research into the potential ramifications for offering the incentives. Such ramifications could include forcing the project to pay prevailing wage, which could drive up construction costs by significant amounts (up to 30% or more). Given this potential, staff’s goal at this point is to determine whether the City Council has any desire to investigate these types of incentives for the Waypoint project.
Waypoint Development Incentives Page 3 August 8, 2024
FISCAL IMPACT
Fiscal impacts of such incentives will depend upon the type of tax rebate or incentive given, the length of time such a rebate or incentive is to be granted, and the amount of revenue or property value generated by the proposed use. Should the City Council indicate a desire to pursue the granting of one or both of these types of incentives, staff will be able to calculate an estimate of the potential fiscal impact to the City prior to approval of the incentive(s).
RECOMMENDATION
That the City Council consider whether the City should investigate a development incentive for the Waypoint Project, and direct staff as appropriate.
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: Rose Hess, Public Works Director
Meeting Date: August 8, 2024
Subject: Discussion of Adding Accessible and Inclusive Playground Equipment to City Parks
______________________________________________________________________________
BACKGROUND
The City Council has requested a discussion of adding accessible and inclusive playground equipment to City parks. Typically, when the City received a request for an accessible feature/need staff reviews the request and location and provides the accommodation. In the past, the requests have only included specific accessible swings. The current accessible features at City Parks are: *Oak Park – 1 ADA swing and *Village Park – 1 ADA swing.
All parks have the surface area of the playgrounds filled to the top of curb with engineered fiber fill, which is considered wheelchair accessible.
With Council’s desire to add accessible and inclusive playground, staff will need to have some parameters identified. Aside from ADA swings, accessible and inclusive playground equipment are designed as whole and playground equipment can’t be modified in parts.
The following scope determination is the initial criteria staff needs to begin research:
1. Additional ADA swings? (RVP has 2 bays, with 2 regular swings each)
2. Replace existing playground? (size limited to existing “footprint”) a. Which park(s)? RVP, Oak, Village
3. Expand playgrounds? (newly graded area, size depended on playground) a. Which park(s)? RVP, Oak, Village
Once these parameters are determined, staff can begin to research accessible and inclusive playground information from various manufacturers. The next step will be to create outreach efforts and possibly public workshops to gather community input to the specific needs regarding accessibility and inclusive playgrounds. There are guidelines for design in such playgrounds; however, obtaining input would be critical to fulfilling the community’s needs.
ADA Playground Equipment Page 2 August 8, 2024
FISCAL IMPACT
Research of accessible and inclusive playgrounds will not incur any fiscal impacts.
Purchase of ADA swings can be accommodated within the existing Public Works budget for FY 24/25. Any options of replacement of playgrounds or expansion of playgrounds will be dependent on design and will require inclusion in the capital improvement plan budget.
RECOMMENDATION
That the Council discuss adding accessible and inclusive playgrounds or playground components and provide staff direction.
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: Rose Hess, Public Works Director
Meeting Date: August 8, 2024
Subject: Approval of Office of Traffic Safety (OTS) Grant Agreement and Consulting Services Agreement with Move Santa Barbara
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, 2024, in the amount of $66,661. 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, with the City of Buellton as the lead/recipient for the OTS Grant. Previously, the City has executed a professional services agreement with MoveSB for implementation with a cost breakdown for eligible activities specific to the OTS grant. However, this grant cycle, OTS has specifically requested that the City issue a purchase order for these services to streamline the grant implementation process.
OTS Grant Agreement Page 2 August 8, 2024
FISCAL IMPACT
Approval of this Grant Agreement and the MoveSB purchase order will require a budget amendment in the Fiscal Year 24/25 Budget 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 $66,661 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.
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 an agreement with MoveSB through a purchase order for implementation of the Grant Scope of Work in an amount not to exceed $66,661, 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 $66,661.
ATTACHMENTS
Attachment 1 – OTS Grant Agreement
7/11/2024 7:54:29 PM Page 1 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PS25002
1. GRANT TITLE
Pedestrian and Bicycle Safety Program
2. NAME OF AGENCY 3. Grant Period
Buellton From:
To:
10/01/2024
09/30/2025 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: $66,661.00
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)
7/11/2024 7:54:29 PM Page 2 of 16
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $66,661.00
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.
$66,661.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $66,661.00
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
7/11/2024 7:54:29 PM Page 3 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PS25002
1. PROBLEM STATEMENT
The grant will impact the communities of the Santa Ynez Valley, a region in Santa Barbara County comprised of two cities, Buellton and Solvang, as well as several unincorporated communities. Buellton encompasses an area of 1.58 square miles. Solvang encompasses an area of 2.43 square miles. According to the 2022 U.S. Census Bureau Population Estimates, Buellton has a population of 5,106 and Solvang has a population of 5,986. The entire Valley is home to approximately 23,000 residents. A number of highways run through and around the Valley and the “main highway” that connects Buellton and Solvang (Highway 246) is a busy two-lane road with high traffic volume.
In Buellton and Solvang, there is a need to reduce the number of crashes involving cyclists and pedestrians.
According to SWITRS, between January 1, 2013 and December 31, 2022 (a ten-year period), there were 15 crashes involving bicyclists and pedestrians in Buellton, and 37 crashes involving bicyclists and pedestrians in Solvang. In Buellton alone, 5 of these crashes involved youth. This is reflective of a greater issue in Santa Barbara County as, according to OTS crash rankings, the County ranks 5th highest (out of 58 counties in the state) for bicyclist crashes, 5th highest for pedestrian crashes involving children 15 or under, and 17th highest for bicyclist crashes involving children 15 or under. This underscores the need for bicycle and pedestrian safety education. Consequently, the strategies presented in this grant program will target children in the Santa Ynez Valley age 15 and under.
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 7 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.
1 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. 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. Report quarterly on pedestrian/bicycle safety items distributed.
1 5. Develop bicycle and pedestrian safety educational materials to be distributed during classroom presentations, workshops, and community events. Submit materials to PIO for approval and upload approved material. 1
7/11/2024 7:54:29 PM Page 4 of 16
6. 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 7. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 200
8. Purchase bicycle helmets. 200
9. Hold quarterly meetings with countywide pedestrian and/or bicycle safety stakeholders to collaborate on events, share best practices, and leverage resources.
4 10. Execute subcontracts referenced in the budget. Prior to finalizing the subcontract, grantee should work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract 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 11. Conduct Bike Safety Education and Training for students at all elementary schools in collaboration with participating schools. Classes will typically consist of four (4) sessions during PE and include helmet fitting, a bicycle safety check, clothing check, and skills such as stopping, yielding, and using turn signals, among others.
Bicycles and helmets will be provided for all students in need. The program will include instructors, course material, set up and take down, and options for PE teachers to learn the curriculum. When reporting, include date/location, total number of students completing each course, and number of new students learning to ride for the first time.
40 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 grant 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 grant 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.
Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
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 OTS grant 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 grant coordinator when any
7/11/2024 7:54:29 PM Page 5 of 16
material is 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 grant 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 OTS grant 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 OTS grant 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 grant 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 grant 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 grant 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 OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. Contact the OTS PIO or your OTS grant 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)
7/11/2024 7:54:29 PM Page 6 of 16
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. 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.
7/11/2024 7:54:29 PM Page 7 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PS25002
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
402PS-25 20.600 State and Community Highway
Safety
$66,661.00
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
In State Travel 402PS-25 $2,000.00 1 $2,000.00
$0.00
Category Sub-Total $2,000.00
C. CONTRACTUAL SERVICES
Ped/Bike Safety Consultant 402PS-25 $41,661.00 1 $41,661.00 Category Sub-Total $41,661.00
D. EQUIPMENT
Changeable Message Sign Trailer with
Radar
402PS-25 $23,000.00 1 $23,000.00
Category Sub-Total $23,000.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $66,661.00
7/11/2024 7:54:29 PM Page 8 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PS25002
BUDGET NARRATIVE
PERSONNEL COSTS
-
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the Lifesavers Conference on Roadway Safety. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
Ped/Bike Safety Consultant - The 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.
Ped/Bike Safety Consultant - Cost to include conducting Bicycle Safety Education and Training for students at all participating middle and elementary schools. Instruction to occur during PE class, for a full week, lasting just under one hour, led by a League of American Bicyclists certified instructor. Each class period will be split into approximately half classroom training and half on-bike instruction. Each day's instruction includes course setup/teardown.
$910.275/PE Class x 40 = $36,411
Bike Helmets - Cost to include helmet distribution, at no cost to participants in need, 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. $15/Helmet x 200 = $3,000
Ped/Bike Safety Items - Cost to 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.
Lumpsum = $2,000
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.
Lumpsum = $250 Educational services ($36,411), Pedestrian/bicylce safety items ($2,000), Bicycle helmets ($3,000), Educational Materials ($250)
EQUIPMENT
7/11/2024 7:54:29 PM Page 9 of 16
Changeable Message Sign Trailer with Radar - Fully equipped changeable message sign trailer(s) with a radar device, data collection capabilities, and digital display that is portable and fully programmable and will determine and display the speed of vehicles or post traffic safety information. Costs may include trailer, computer software, and modifications such as generator, paint, graphics and lighting.
OTHER DIRECT COSTS
-
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
7/11/2024 7:54:29 PM Page 10 of 16
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PS25002
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).
7/11/2024 7:54:29 PM Page 11 of 16
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.
7/11/2024 7:54:29 PM Page 12 of 16
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;
7/11/2024 7:54:29 PM Page 13 of 16
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
7/11/2024 7:54:29 PM Page 14 of 16
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
7/11/2024 7:54:29 PM Page 15 of 16
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.
7/11/2024 7:54:29 PM Page 16 of 16
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.