SCOPE OF SERVICES
Professional Engineering Design Services
Traffic Signals: Cecil Avenue / Vassar Street and Cecil Avenue / Browing Road Delano, California
PROJECT UNDERSTANDING
The proposed engineering services consist of the design of traffic signals and related improvements at two intersections in Delano, California, specifically the intersection of Cecil Avenue and Vassar Street and the intersection of Cecil Avenue and Browing Road.
At the intersection of Cecil Avenue and Vassar Street, the adjacent land uses are residential on the northeast, an elementary school parking lot on the southeast, and commercial on the northwest and southwest. The intersection is equipped with all-way stop control.
At the intersection of Cecil Avenue and Browning Road, the adjacent land uses are residential on the northwest, an elementary school the southwest, and orchards on the northeast and southeast. The intersection is equipped with all-way stop control.
Assumptions for the design include the following:
• Peters Engineering Group’s team will prepare topographic and boundary surveys of the intersections for use in the design of the project. The surveys also may be used by the City of Delano for acquisition of right of way, as necessary. • The traffic signal design will provide for protected left-turn phasing in all four directions at each intersection.
• The design will utilize the existing geometry of the intersections to the extent possible. • A striped left-turn lane with associated road widening will be designed on the east leg of the intersection of Cecil Avenue and Browning Road.
• Interim curb returns and pavement will be constructed east of the intersection of Cecil Avenue and Browning Road; the ultimate curb returns are not expected to be constructed as part of the project.
• Traffic signal poles, equipment, and cabinets are expected to be placed in the ultimate locations, with the exception that traffic signal poles and equipment on the east side of Browning Road are expected to be installed in interim locations. • Utility pole relocation is not expected to be required. An effort will be made to design traffic signal facilities without relocating the existing utility pole southeast of the intersection of Cecil Avenue and Browning Road.
• Reconstruction of existing, non-ADA-compliant curb ramps will be designed as necessary.
• A geotechnical report is not required. Standard pavement sections will be implemented.
• City will prepare right of way acquisition documents and negotiate with affected owners, as needed.
• City will provide Peters Engineering Group with current utility coordination documentation.
Exhibit “A”
• Design will be in conformance with current versions of the City of Delano standards, the California Manual on Uniform Traffic Control Devices, the Caltrans Highway Design Manual, and the 2023 Caltrans Standard Plans and Specifications. • Bidding Assistance and Construction Administration is excluded from this scope and fee. The City may choose to add these services in the future.
Key considerations in the design of the traffic signals include:
• Communication with City staff to identify City preferences related to the project. • Design of pedestrian facilities (crosswalks, curb ramps, and/or HMA paths at each corner) that comply with the Americans With Disabilities Act (ADA) • Determination of the existing right of way and any additional right of way required to accommodate the project.
• Identification of existing utilities and conflicts
• Design of pavement delineation and signage in conformance with the California Manual on Uniform Traffic Control Devices.
The plan set is anticipated to include the following sheets:
• Cover Sheet (1 Sheet)
• Key Map (2 Sheets)
• Cross sections (2 Sheets)
• Street Plan and Profile (3 Sheet)
• Construction Details (4 Sheets)
• Pavement Delineation and Signs (4 Sheets)
• Traffic Signal Plans (4 Sheets)
WORK TASKS
Peters Engineering Group (Consultant) will provide preliminary engineering and final plans, specifications, and estimate for the proposed improvements. The specific work tasks expected to be required are presented below.
Phase 1: Schematic Design Phase
Task 1.1 30% Design Plans
Peters Engineering Group will prepare 30% design plans and provide the City with 30% design drawings based on the assumptions listed above. The plans will indicate the proposed traffic signals, pavement improvements, curb and gutter improvements, striping, signage, topographic features, and right-of-way limits and boundaries. Peters Engineering Group will prepare a topographic and boundary survey, coordinate with all utilities, including utility maps, and conduct field verification to determine if there are required relocations. Peters Engineering Group will provide the City with AutoCAD files to prepare legal descriptions and exhibits that may be required for the acquisition of any right of way.
Peters Engineering Group will submit a PDF copy of the 30% plan and an engineer’s estimate to the City of Delano for review and comment. Peters Engineering Group will perform an internal QA/QC review prior to all work product submittals.
Exhibit “A”
Phase 2: Design Development Phase
Peters Engineering Group will follow the applicable City of Delano and Caltrans standards for the chosen design for this project including, but not limited to, standards for drainage, pavement thickness, sidewalk width, curb and gutter design, traffic signals, and concrete strength and design.
The design plans will include, but are not limited to, the following design elements:
• Right-of-way boundaries
• Demolition and clearing
• Existing utility data
• Intersection signalization
• Proposed pavement improvements and limits for each design • Signage and striping
• Construction details
It is not anticipated that a project-specific geotechnical report will be required for this project.
If a geotechnical report is required, it will be performed as Additional Services.
Potholing of proposed foundation locations is not included in this proposed scope of services.
However, it is recommended that the City consider potholing during the design phase to minimize the potential for utility conflicts during construction.
Task 2.1 90% Design Plans
Peters Engineering Group will collect the data necessary to design the 90% plans and will incorporate City review comments on the 30% plans. Peters Engineering Group will submit the 90% plans, the 90% technical specifications, an explanation of bid items, exhibits for appendix items as requested by the City, and an updated engineer’s estimate.
Peters Engineering Group will submit a PDF copy and three full-sized plan sets to the City of Madera for review and comment. Peters Engineering Group will perform an internal QA/QC review prior to all work product submittals.
Phase 3: Construction Documents Phase
Task 3.1 Final Design Plans, Technical Specifications, and Estimate for Construction Peters Engineering Group will submit final 100% design plans stamped and signed by a registered Civil Engineer. The final technical specifications will be signed and stamped by a registered Civil Engineer. The final engineer’s estimate for use for construction bidding will also be submitted.
Peters Engineering Group will submit a PDF copy and three full-sized final signed plans to the City of Delano.
Peters Engineering Group will submit an electronic copy of the plans in AutoCAD Civil 3D, Specifications in MS Word format, and an MS Excel file of the Engineer’s Estimate.
Exhibit “A”
Phase 4: Optional Bidding Assistance and Construction Support Task 4.1 Bidding Assistance
Peters Engineering Group will be available to assist the City in interpreting the contract documents and prepare addendums during the bidding process, if requested.
Task 4.2 Construction Support
Peters Engineering Group will be available to respond to Contractor’s Request for Information, process field changes and change orders, perform a final inspection, and assist in the preparation of a final punch list, if requested.
Services described in Task 4.1 and Task 4.2 will be performed on a time and materials basis.
CLIENT’S DUTIES AND RESPONSIBILITIES
The Client shall:
a) Provide all criteria and full information concerning Client’s requirements for the project.
b) Provide Consultant with plans indicating the locations, types, and sizes of the existing improvements, including traffic signal plans.
c) Apply for and obtain all approvals and permits from all governmental agencies having jurisdiction over the project, and such approvals from other entities as may be necessary for the project, with the assistance from the Consultant or as additionally authorized. Client shall pay all fees and charges associated with securing permits and approvals not previously described. d) Give prompt notice to Consultant whenever Client observes or otherwise becomes aware of any development that affects the scope or timing of Consultant’s services. e) At Client’s discretion, authorize and direct Consultant to provide necessary Additional Services.
f) Pay any fees for review of various submittals to public agencies.
ADDITIONAL SERVICES
The Client may, at its sole discretion, request that Consultant perform Additional Services.
Both parties, prior to proceeding with these services, shall execute a written amendment to this Agreement.
Additional services will be required if Consultant is to perform services not specifically described herein. Additional Services will be required if Consultant is required to attend meetings beyond those described above in the scope of work. Additional tasks would include, but are not limited to, the following:
a) Performing traffic studies and/or timing plans
b) Potholing
c) Environmental document
d) Right of Way Engineering and Acquisition
Exhibit “A”
RIGHT TO RELY
Consistent with the professional standard of care, Consultant shall be entitled to rely upon the accuracy of data and information provided by the Client or others without independent review or evaluation unless specifically required in the Scope of Services.
COMPENSATION
Consultant’s fee for the work described herein shall be a lump sum amount of $120,000.00 for Phases 1 through 3. Phase 4 would be performed on a time-and-materials basis, with a not to exceed budget of $15,000 per intersection. The costs for the various tasks are outlined in Exhibit “C” and Exhibit “D.” Compensation for Additional Services shall be in accordance with the attached Hourly Rate Schedule (Exhibit “B”).
SCHEDULE
The project is expected to completed in accordance with the following schedule:
Task 1.1 Approximately 60 calendar days after receipt of a notice to proceed.
Task 2.1 Approximately 30 calendar days of receipt of comments on the 30% Plans.
Task 3.1 Approximately 20 calendar days after receipt of comments on the 90% Plans. 862 Pollasky Avenue ♦ Clovis, California 93612 ♦ (559) 299-1544 ♦ www.peters-engineering.com Exhibit “B”
HOURLY RATE SCHEDULE
(Effective 1/1/24 to 12/31/24)
CLASSIFICATION RATE
Principal Civil Engineer $215/hr
Senior Civil Engineer $205/hr
Civil Engineer $185/hr
Land Surveyor $165/hr
Staff Engineer $160/hr
Draftsperson/Technician/Inspector $120/hr
Clerical $90/hr
Litigation Support $500/hr
REIMBURSABLES SCHEDULE
(Effective 1/1/24 to 12/31/24)
DESCRIPTION RATE
Mileage $0.68/mile
Travel Subsistence Actual Cost + 10%
Postage Actual Cost + 10%
Reproduction Actual Cost + 10%
Subconsultant Actual Cost + 10%
Work requiring an accelerated schedule is subject to a 25% labor surcharge. Peters Engineering Group will furnish monthly billing for work performed in accordance with previously authorized fees and the above fee schedule. Payments shall be due upon presentation and no later than 30 days from the date of original invoice. Finance charges will apply to unpaid balances.
EXHIBIT "C"
Person-Hours
Principal
Engineer
Senior Civil
Engineer
Staff
Engineer Clerical Survey Subconsultant
@ $215 /hr @ $205 /hr @ $160 /hr @ $90 /hr
1.0 1.1 30% Design Plans 2 32 40 8 $13,800 $500 $28,410 Total Hours (Task 1) 2 32 40 8 Task 1.0 Total = $28,410
2.0 2.1 90% Design Plans 2 20 24 4 $500 $9,230
Total Hours (Task 2) 2 20 24 4 Task 2.0 Total = $9,230
3.0 3.1 Final Design Plans & Technical
Specifications for Construction 2 16 24 8 $500 $8,770
Total Hours (Task 3) 2 16 24 8 Task 3.0 Total = $8,770
4.0 4.1 Bidding Assistance
4.2 Construction Support
Total Hours (Task 4) 0 0 0 0 Task 4.0 T&M Not to Exceed = $15,000 DESIGN FEE: $46,410
TIME AND MATERIALS NOT TO EXCEED PHASE 4: $15,000
SCHEMATIC DESIGN
DESIGN DEVELOPMENT
BIDDING ASSISTANCE, AND CONSTRUCTION SUPPORT
City of Delano - Cecil and Vassar Traffic Signal Design Engineering Fee Proposal
Task Description Other Direct
Costs Total
CONSTRUCTION DOCUMENTS
Peters Engineering Group
EXHIBIT "D"
Person-Hours
Principal
Engineer
Senior Civil
Engineer
Staff
Engineer Clerical Survey Subconsultant
@ $215 /hr @ $205 /hr @ $160 /hr @ $90 /hr
1.0 1.1 30% Design Plans 8 44 80 4 $17,250 $1,000 $42,150 Total Hours (Task 1) 8 44 80 4 Task 1.0 Total = $42,150
2.0 2.1 90% Design Plans 4 40 60 4 $660 $19,680
Total Hours (Task 2) 4 40 60 4 Task 2.0 Total = $19,680
3.0 3.1 Final Design Plans & Technical
Specifications for Construction 4 24 32 4 $500 $11,760
Total Hours (Task 3) 4 24 32 4 Task 3.0 Total = $11,760
4.0 4.1 Bidding Assistance
4.2 Construction Support
Total Hours (Task 4) 0 0 0 0 Task 4.0 T&M Not to Exceed = $15,000 DESIGN FEE: $73,590
TIME AND MATERIALS NOT TO EXCEED PHASE 4: $15,000
SCHEMATIC DESIGN
DESIGN DEVELOPMENT
CONSTRUCTION DOCUMENTS
BIDDING ASSISTANCE, AND CONSTRUCTION SUPPORT
City of Delano - Cecil and Browning Traffic Signal Design Engineering Fee Proposal
Task Description Other Direct
Costs Total
Peters Engineering Group
CITY OF DELANO
STAFF REPORT
November 4, 2024
January Agenda Item:
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Approval of Landscape Maintenance Agreement with the State Department of Transportation for the Clean CA Project Area located on SR 155 and Authorization for the City Manager to sign the same to allow for the maintenance of the subject right of way once construction is completed.
RECOMMENDATION:
Approve the Landscape Maintenance Agreement with the State Department of Transportation for the Clean CA Project Area located on SR 155.
DISCUSSION:
The Clean CA project is nearing completion, and as originally defined it will be the City’s responsibility to perform the landscape maintenance needed to keep the new improvements attractive for the City’s residents.
This agreement addresses the City’s commitment towards the maintenance of the landscaping, planting, irrigation systems, mulches, control, litter and weed removal, wooden fence, and asphalt concrete walk path placed within State Highway right of way on State Route 99 and 155, specifically the 600 blocks of Ellington and Fremont Streets, just north of Garces Hwy.
It is the City’s responsibility to ensure that the landscaping areas designated on Exhibit “A” are provided with adequate scheduled routine maintenance necessary to maintain a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this agreement. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure State standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.
The City shall ensure landscaping within the agreement limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the landscaping in an expeditious manner. To maintain all parking or use restrictions signs encompassed within the area of the landscaping.
14 If needed, the City is empowered to remove persons experiencing homelessness and any structures, personal property, debris, and/or other items related to the encampment from the locations within the subject area, subject to applicable State and Federal law.
FISCAL IMPACT:
This effort is estimated at approximately $20,000.00 per year and can be absorbed in the current existing parks and refuse budgets, since a large part of the work will be litter cleanup.
Attachment: Agreement
10/11/24
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1 LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF DELANO
THIS AGREEMENT is made effective this 4th day of November, 2024, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Delano; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”
1. The PARTIES hereto mutually desire to identify the maintenance responsibilities for newly constructed or revised improvements by the STATE within STATE’s right of way.
2. This AGREEMENT addresses CITY responsibility for the landscaping, planting, irrigation systems, mulches, control, litter and weed removal, wooden fence, and asphalt concrete walk path (collectively the “LANDSCAPING”) placed within State Highway right of way on State Route 99 and 155, as shown on Exhibit A, attached to and made a part of this AGREEMENT.
3. Maintenance responsibilities that include, but are not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”
4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.
5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this AGREEMENT.
5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this AGREEMENT will be required.
6. CITY agrees, at CITY expense, to do the following:
6.1. CITY will MAINTAIN or have authorized licensed contractor with appropriate class of license in the State of California, to MAINTAIN LANDSCAPING 10/11/24
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2 conforming to those plans and specifications (PS&E) pre-approved by STATE.
CITY will have in place a valid necessary encroachment permit prior to the start of any work within STATE’S right of way.
6.1.1.An Encroachment Permit rider may be required for any changes to the scope of work allowed by this AGREEMENT prior to the start of any work within STATE's right of way.
6.2. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this AGREEMENT.
6.2.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.
6.2.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.
6.2.3. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly.
6.3. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.
6.4. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.
6.5. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 06 Maintenance Landscaping Specialist at 1635 West Pine Avenue, Fresno, CA 93728.
6.6. CITY shall ensure LANDSCAPING within the AGREEMENT limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.
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3 6.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.
6.8. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this AGREEMENT is terminated as set forth herein.
7. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this AGREEMENT.
8. STATE shall Issue encroachment permits to CITY at no cost.
9. CITY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. CITY shall discuss such possible art with STATE’s District 06 Transportation Art Coordinator before conducting any graffiti removal or remediation.
10.CITY shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the Locations shown in Exhibit A, subject to applicable State and Federal law.
Nothing in this AGREEMENT grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations in shown in Exhibits A and B
11. LEGAL RELATIONS AND RESPONSIBILITIES:
11.1. Nothing within the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT, or affect the legal liability of either PARTY to this AGREEMENT by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.
11.2. If during the term of this AGREEMENT, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this AGREEMENT, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide 10/11/24
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4 written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.
11.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.
11.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that CITY shall fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this AGREEMENT.
11.5. PREVAILING WAGES:
11.5.1. Labor Code Compliance- If the work performed under this AGREEMENT is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.
11.5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this AGREEMENT is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
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5 12.INSURANCE - CITY and its contractors shall maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this AGREEMENT.
13. TERMINATION - This AGREEMENT may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this AGREEMENT may be grounds for a Notice of Termination by STATE.
14. TERM OF AGREEMENT -This AGREEMENT shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this 10/11/24
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6 AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF DELANO STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Joe. L. Alindajao, Mayor
Initiated and Approved
By: ___________________________
Maribel Reyna, City Manager
By: ___________________________
John Liu, Deputy District 06 Director
Maintenance and Operations
ATTEST:
By: __________________________
Ricardo Chavez, City Clerk
By: __________________________
Mark Hensley, City Attorney
10/11/24
Delano LMA, (TR 06-3-0004)
SR 99 & 155
EXHIBIT A
1 CITY OF DELANO
STAFF REPORT
November 4, 2024
Agenda Item:
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Approval of Agreement with SAFE MOVES for $75,000.00 to provide Safe Routes to School Traffic Safety Education and Public Outreach services for the ATP-5 Bike Lane and Sidewalk Gap Closure Improvement NonInfrastructure Project, ATPL-5227(067), at various schools in Delano and authorize the City Manager, or her designee, to sign any documents needed to carry this project to completion.
RECOMMENDATION
Approve the Agreement with Safe Moves to provide school traffic safety education and public outreach services for the ATP-5 Bike Lane and Sidewalk Gap Improvement (Non-infrastructure) project, ATPL-5227(067) at various schools in Delano.
DISCUSSION
The State Department of Transportation granted the City of Delano $75,000.00 through the State ATP-SRTS Program to provide school traffic safety education and public outreach services for the ATP-5 Bike Lane and Sidewalk Gap Improvements (Non-infrastructure) project, at the following participating schools: Albany Park Elementary School, Cecil Avenue Math & Science Academy, Delano High School, Del Vista Math & Science Academy, Fremont Elementary School, Morningside Elementary School, Nueva Vista Language Academy, Princeton Street Elementary School, Robert F. Kennedy High School, and Terrace Elementary School.
Staffsolicited statements of qualification from consultants with experience providing school traffic safety education and public outreach services. Staff selected the company Safe Moves, Inc. for this project. The scope of work will take about a year to complete.
FISCAL IMPACT:
The fee for this work is $75,000.00 and we have a grant from the State ATP5-Safe Routes to School (SRTS) Program for that amount. It is requested that the Finance Director be authorized to amend the current budget to add the grant funding revenue as “ATPL-5227(067) Education”, and this project as a line item expense labeled “Education and Public Outreach Services for ATPL5227(067) Project” to the Capital Projects Fund 40-411. Staff requests authorization be given to the City Manager, or her designee, to sign the agreement and any other documents needed to complete this work.
Attachment: Agreement
15 1
Agreement for Professional Services
By means of this agreement between the City of Delano, a municipal corporation (“City”) 1015 Eleventh Avenue, Delano, CA 93215 and SAFE MOVES (“Consultant”) made this _4th_ day of _November_, 2024.
Recitals
WHEREAS, Consultant represents that Consultant is experienced and well qualified in the field of Civil Engineering; and
WHEREAS, the City desires to contract with Consultant, to have Consultant perform Public Outreach and Safety Education Services for the Safe Routes to School program for a project known and described as the “ATP-5 Bike Lane and Sidewalk Gap Improvement Project ” in the City of Delano in Kern County (Project) hereinafter called the “Project.” NOW THEREFORE, incorporating the foregoing Recitals herein, and for good and valuable consideration, the adequacy of which is acknowledged, the City and Consultant mutually agree as follows:
Agreement
1. Scope of Work: Consultant agrees to provide and perform certain professional services for the City in connection with the Project as set forth in Exhibit A attached hereto and incorporated by this reference. The services furnished under this Agreement will be on a Task Order basis, with each Task Order identifying a specific work scope, fee and schedule.
City and Consultant shall mutually agree in writing upon the contents of each Task Order prior to Consultant beginning work. Tasks are described in “Proposal for Public Outreach and Safety Education Services for Delano’s Active Transportation Program (ATP)” document attached as Exhibit A.
2. Time and Order of Work: The format of the work approach and work plan shall be as set forth in Exhibit A. Consultant shall complete all work and service assigned in a timely and professional workman like manner.
3. Compensation: The cost for services including approved reimbursable expenses, for shall be as set forth in Exhibit A. Such costs shall be consistent with Consultants then current fee schedule, a copy of which is attached as Exhibit A and incorporated herein by reference as if fully set forth at length. Consultant shall only be reimbursed for expenses related to the services provided as specified and set forth in Exhibit A. Any additional services provided by Consultant, including, but not limited to, services provided as a result of a change in instructions from the City, changes in law, rule or regulation, attendance at any public hearings, or otherwise beyond the scope of the Project shall be performed only after the execution by City and Consultant of a written Professional Services Authorization (PSA) specifically authorizing such Additional Services. 2 4. Payment Procedure:
(A) Consultant shall be paid for work and services rendered after receipt of an itemized invoice for the work to be submitted monthly, completed and approved by the City.
Invoices shall be detailed and supported with documentation. (B) Payments shall be made by the City within thirty (30) days after receipt and approval of the Consultant’s itemized invoice by the City unless the work or services being billed for are unacceptable to the City.
5. City’s Responsibilities:
(A) The City shall designate a representative authorized to act on its behalf with respect to orderly execution of this Agreement. The City, or its representatives, shall promptly render decisions pertaining to the progress of the work to avoid unreasonable delay in the progress of the work services to be provided herein by the Consultant.
(B) The City shall furnish the Consultant available studies, reports and other data pertinent to the Consultant’s services; obtain or authorize the Consultant to obtain or provide additional reports and data as required; furnish to the Consultantservices of others required for the performance of the Consultant's services hereunder, and the Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing the Consultant's services under this Agreement.
(C) The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services hereunder.
6. Insurance:
(A) Consultant shall procure and maintain for the duration of this Agreement, the following types and limits of insurance prior to the commencement of work by the consultant.
1) Worker’s Compensation Insurance with statutory limits as required by Statutory Law.
2) Commercial General Liability with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence to protect the Consultant against claims for bodily injury or death and damage of property of others. This shall cover the use of all equipment, hoist and vehicles on the site(s) not covered by automobile liability under subsection (3) below. If the Consultant has a “claims made” policy, then the following additional requirements apply: The policy must provide a “retroactive date” which must be on or before the execution date of the 3 Agreement; and the extended reporting period may be less than five (5) years following the completion date of this Agreement.
3) Automobile Liability Insurance on owned and non-owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence.
4) Professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services under this Agreement by Consultant or its employees.
The amount of this insurance shall not be less than two million dollars ($2,000,000.00) on a combined and single-limit per claim basis. (B) All policies shall contain the following endorsement: An endorsement providing Delano within thirty (30) days written notice of cancellation or reduction of coverage in any policy, policy language or terms.
(C) All liability insurance policies required of the Consultant hereunder except professional liability and Worker’s Compensation, shall be primary insurance and shall name City, its officers, employees and agents as additional insured.
7. Termination of Agreement:
(A) The City may, by thirty (30) days advance written notice to consultant, terminate this Agreement, in whole or in part, at any time. Upon receipt of such notice of termination by the City, the Consultant shall discontinue all services (unless the notice directs otherwise) and deliver to the City all data, reports, estimates and such other information, materials and work product as may have been accumulated by the Consultant in performing the work and services as set forth in this Agreement. (B) If termination is for the convenience of the City, or otherwise without cause, the Consultant shall be entitled to compensation for all work performed to date of notice of termination or upon termination. Compensation for work shall be in accordance with work completed as set forth in Exhibit A, but shall not be for an amount exceeding that indicated in any approved Task Orders, PSA or other written agreement between the parties.
(C) If termination is due to the failure of the Consultant to fulfill the obligations under this Agreement, the City may request that Consultant deliver to it, in the manner and to the extent directed by the City, any work described above, and compensation for work so delivered and accepted by the City shall be the actual payments authorized by the City.
(D) The Consultant shall have the right to terminate this Agreement upon seven days’ notice to the Client upon breach by Client of any of its obligations under this Agreement.
4 8. Indemnity:
(A) Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, and subject to California Civil Code §2782.8, Consultant shall indemnify, including the cost to defend, protect, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the negligent performance or wrongful misconduct of professional services under this agreement.
(B) Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, the negligent performance or wrongful misconduct of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
9. Assignment: Except for sub-consultants, as provided in Section 10(O), Consultant shall not assign or transfer any interest in this Agreement except claims for monies due or becoming due from the City under this Agreement may be assigned to a bank, trust company or other financial institution of Consultant’s choosing.
10. Miscellaneous:
(A) In connection with the performance of work under this Agreement, Consultant agrees not to discriminate against any employee or applicant because of race, sex, color, religion, handicap, age, or national origin.
(B) No member, officer or employee of the City, or member of the City Council no other public official of such locality of localities who exercise any functions or responsibilities, with respect to this Agreement, shall, during his/her tenure, and for the year thereafter, have any interest, direct, or indirect, in this Agreement or its proceeds.
(C) The Consultant has not employed any person to solicit or secure this Agreement upon any agreement for commission, percentage, brokerage, or contingent fee. (D) In the unlikely event of a dispute arising under this Agreement, Consultant shall notify the City promptly in writing of its contentions and submit its claims within 5 five (5) business days from the date of such claim. If the dispute arises before the performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Consultant shall proceed with the work hereunder in compliance with the instructions of the City, but such compliance shall not constitute waiver of the Consultant’s rights to make a claim, provided Consultant has notified the City in writing as set forth above. (E) All documents, data, reports and test reports (the “Documents”) that are a part of the work and services by Consultant under the terms of this Agreement, shall be the property of the City; provided, however, that Consultant does not transfer or waive its intellectual property rights it may have in the Documents or to use the Documents in relation to projects beyond the scope of the applicable Project, without the written approval of Consultant. Should the City or any successor in interest modify the Documents or Consultant’s work product without the prior consent of Consultant, Consultant shall be relieved from all resulting liability and the City shall indemnify, protect, hold harmless and defend Consultant from any such claim that results with respect to the unauthorized use. The Consultant's instruments of service hereunder are the printed hard copy reports, drawings and specifications issued for the Project, whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the City, the Consultant shall furnish to the City both printed hard copies and electronic media. In the event of a conflict in their content, the printed hard copies shall take precedence over the electronic media. Because data stored in electronic media form can be altered, inadvertently, it is agreed that the City shall hold the Consultant harmless from liability arising out of changes or modifications to the Consultant's data in electronic media form in the City's possession or released to others by the City. (F) This Agreement, the Project as set forth in Exhibit A, and PSA, if applicable, constitute the entire agreement between the parties and supersede any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Consultant for the City and contains all covenants and agreements between the parties with respect to rendering of such services. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged.
(G) If any provision in this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. (H) If any actions at law or in equity, including any actions for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the Court in the same action, or in a separate action, brought for that purpose, in addition to any other relief to which that party may be entitled. Any lawsuit pertaining to any matter arising under, or growing out of this Agreement shall be instituted in Kern County, California.
6 (I) This Agreement will be governed by and construed in accordance with the laws of the State of California.
(J) Upon at least forty-eight (48) hours advance written notice, records, books, documents and papers of the Consultant shall be made available to the City or any of its duly authorized representatives at Consultants regular place of business and during regular business hours, to examine, audit or otherwise review such records pertaining to the services provided under this Agreement. (K) Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to perform the work and services it is required to perform under this Agreement.
(L) Each and every provision of the law or clause required by law to be inserted herein in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and if, through mistake, or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party, this Agreement shall be physically amended to make sure insertion or correction.
(M) This Agreement calls for the performance of the services of Consultant as an independent contractor, and Consultant will not be considered an employee of the City for any purpose, and is not entitled to any of its benefits provided by the City to its employees. This Agreement shall not be construed as forming a partnership or any other association with Consultant other than that of an independent Contractor. Consultant shall have no authority beyond that given in this Agreement to act on behalf of the City as an agent, nor to bind the City to any contracts or obligations.
(N) Each individual executing this Agreement represents that they are duly authorized to execute and deliver this Agreement on behalf of the organization or corporation named herein and this Agreement is binding upon said corporation or organization in accordance with its terms.
(O) Consultant is authorized to use sub-consultants for the completion of the work, at Consultant’s own cost and expense as Consultant deems necessary to fulfill its duties, obligations and responsibilities under this Agreement. Consultant’s subconsultants shall comply fully with the terms of this Agreement, including, but not limited to, the insurance requirements, as applicable to the portion of the work or services performed by them.
(P) All notices, requests, demands, consents, instructions or other communications hereunder shall be in writing (which shall include e-mail or telefax) and shall be deemed to have been given or made on (A) the day of confirmed dispatch if sent by e-mail or telefax and ifsuch day is a business day (otherwise on the first business day thereafter), (B) the day of delivery thereof to the telegraph office if sent by
8 Attachments: Exhibit A
Submitted by:
Safe Moves
15500 Erwin Street, #2457
Van Nuys, CA 91411
818.786.4614
Proposal for
City of Delano Engineering Department
Request For Proposal For Safety Education and
Public Outreach Services
ATPL-5227 (067) ATP-5
Bike Lanes and Sidewalk Gap Improvements
and Non-Infrastructure (Education) Project
Participating Schools:
Albany Park Elementary School
Cecil Avenue Math & Science Academy
Delano High School
Del Vista Math & Science Academy
Fremont Elementary School
Morningside Elementary School
Nueva Vista Language Academy
Princeton Street Elementary School
Robert F. Kennedy High School
Terrace Elementary School
TABLE OF CONTENTS
Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Project Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Consultant Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Work Task List and Fee Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Project Initiation and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Project Understanding and Approach: Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Exhibit 1: Work Task List and Fee Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Exhibit 2: Timeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 3
EXECUTIVE SUMMARY
a. Statement of Need
In 1970 seeing children walk or bike to school was a
common site. Research indicated that nearly 90% of
children who lived approximately one (1) mile from
school walked and/or bicycled. In recent years, the
number of children riding and walking to school has
declined dramatically. (Source: NHTSA)
There are plenty of great reasons for to walk and bike
to school – less traffic, safer streets, and cleaner air – but one of the best is that children and parents will
be healthier. With obesity rates skyrocketing and only
one-quarter of Americans getting the Surgeon General’s
recommended daily dose of exercise (just 30 minutes),
it’s an ideal time to encourage children to walk and
bike to school for their own health and well-being. The component necessary to make a walking and bicycle
programs successful is safety. (Source: CDC)
Parents of school children most commonly report:
distance to school, traffic danger, adverse weather
conditions, fear of crimes against children, and crime in the neighborhood as barriers to promoting or allowing
their children to walk and/or ride bicycles to and from school. Their concerns are legitimate.
Children’s vulnerability in traffic of children is attributed to their developmental and behavior limitations in
complex traffic situations. Pedestrians and bicyclists aged 10 years and below are particularly vulnerable because of their small physical size and underdeveloped abilities to dealing with traffic situations, both cognitive (attention focus, interpreting signs) and perceptual (locating
sounds, judging speed, peripheral vision).
Even though safety is important walking and bicycling
education should involve a lot more than just safety. An important element of a successful walking and bicycling education programs is promotion and encouragement
“walking and bicycling.” Focusing solely on the dangers tends to discourage parents allowing their children to
bicycle and walk. The best kinds of bicycling and walking education highlights the benefits such as exercise,
pleasure, healthy transportation – while providing
children and teens with the knowledge and tools they
need to be safer bicyclists and pedestrians.
Educational Strategies
Safe Moves uses educational strategies based
experiential learning principals. For example students
will learn more about traffic safety by walking or cycling in a traffic simulated environment like “Safe Moves City” than by reading about traffic safety in a brochure or
watching a video.
Safe Moves programs are designed from over 39 years of
experience and with the input of childhood development
experts to resulting implement a comprehensive bicycle
and pedestrian education program that is effective. Safe Moves programs include a series of hands-on lesson
plans uniquely designed for each age group and
grade level designed to teach the way children learn.
The lessons are designed to teach kindergarten
through 2nd grade students’ basic pedestrian
concepts, such as stopping at the edge of a path
or curb and looking both ways before crossing the
street. The bicycle and pedestrian component of the
safety program is geared toward 3rd through 12th
grade students, who will learn safety fundamentals
such as fitting a bicycle helmet, rules of the road,
and laws pertaining to bicyclists and pedestrians and
bicycle handling.
Safe Moves philosophy of teaching bicycle and walking
as a safe, healthy and effective method of transportation is “learn by doing”. Safe Moves believe students learn
best – and develop key problem solving and critical
thinking skills – by actively experiencing learning. Unlike rote memorization of traffic laws and rules, a handson approach teaches children to identify problems (or questions), determine the correct behavior (or answers), and, ultimately, to arrive at important conclusions about the safe choices to make as pedestrians and bicyclists
including the choices on what to eat.
General lesson plans for the educational programs are as follows:
• Pedestrian safety
• Bicycle Safety
• California Vehicle Code laws and regulations
• Stockton city ordinances
• Skills necessary to make smart choices in traffic
• Use of bike racks, bike lanes, bike paths, bike trails • Explanation of traffic environment (infrastructure)
• Recognition and avoidance of common traffic
collisions
• Understanding of driver, pedestrian and bicyclist
behaviors
• School transportation/traffic policies (pick up and
drop off Procedures)
• Explanation of the suggested safe routes to schools
• Importance of bicycling and walking for physical
fitness
• Effects of walking and bicycling for a cleaner
environment
• Importance of healthy choices for better nutrition,
health and fitness
• Identification of hot spots (crime, bullies, truck traffic, construction)
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 4
PROJECT TEAM
Safe Moves has experience creating Safe Routes
to School Programs and implementing education,
encouragement, evaluation and enforcement programs
and events that establish a sustainable SRTS Program.
Our process includes bringing together stakeholders,
conducting walk and bike assessments and surveying
school areas for improvement planning – while
simultaneously delivering kick-off school meetings,
classroom workshops, parent workshops, Train the
Trainer workshops, School Bike & Pedestrian Rodeos,
Community Bike & Pedestrian Rodeos, Walking
School Buses & Bike Trains, Student Passports as an
encouragement activity.
By seamlessly integrating programmatic efforts with
planning, we assure that 4 of the 5 E’s – encouragement, enforcement, education and evaluation will be
implemented in a high quality manner.
It is a blend of proven strategies and familiarity of the challenges facing schools that makes the Safe Moves,
ideal for producing a successful program for the City of Delano.
Safe Moves will develop customized SRTS plans and
delivery programs for schools. The effort will commence with – and will be characterized throughout by – an
extensive organization effort. Initially we will facilitate school kick off meetings at each of the schools. These
meetings will bring people together to discuss why SRTS is important and identify safety issues, concerns, barriers at each school. This information will feed directly into the plan to remedy safety challenges. The kick off meetings will serve to motivate parents, school staff and students to participate to make the successful.
Safe Moves will develop a tailored plan for education,
encouragement, evaluation and enforcement SRTS
Program at each school. We will carry out a plan that
will appeal to schools, families and the community.
Safe Moves will evaluate the progress of the plan and
programs through scheduled pre and post parent
surveys and student tallies; questionnaires and
observations to assess the success of the program. We
bring decades of experience in education, evaluation,
encouragement, engineering and enforcements that
include a long history of preparing SRTS Plans. From start to finish, we know how to implement high-quality SRTS
Plans and programs.
Project Management for the City of Delano’s Program
will be led by Pat Hines, Founder and Executive Director of Safe Moves. She will serve as Project Director. Pat has experience managing Safe Routes to School Programs
and traffic safety education projects for California
since 1984. Pat will be involved in all aspects of project management including implementing of programs,
budget management, performance measures, overall
quality control, meeting and reporting to City Staff.
Safe Moves will establish a Project Management Plan
that will include a detailed breakdown of schedule,
staffing and costs by task for purpose of documenting
the deliverables. This systemic work plan allows for
continual monitoring and assessment in order to meet
the designated deadlines. Project Status meetings are
held weekly to review deliverables, discuss challenges
and create a strategy for resolving challenges.
Safe Moves, established in 1983, is a non-profit 501 (c) (3) organization dedicated to reducing traffic-related
deaths and injuries to school-aged children; encouraging children to use alternative modes of transportation
to school; educating parents on traffic safety and
promoting the use of alternative modes of transportation to improve the quality of life for children, their families and the community by making school environments and
neighborhoods walkable and bikeable.
Safe Moves is considered one of the leading authorities on Safe Routes to School in the country and has
won many national awards from the United States
Department of Transportation, National Highway
Administration, Department of Health Services, California Office of Traffic Safety and the Association of Bicycle and Pedestrian Safety Professionals. Safe Moves programs
have been featured in the national press including
“Dateline”, “The Today Show”, “Good Morning, America”,
and “20/20”.
Safe Moves has 39 years of experience working with the
following school districts, governmental departments,
law enforcement and city councils.
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 5 Public Works Departments
County of Los Angeles Department of Public Works
City of Los Angeles Department of Public Works
City of Mountain View Department of Public Works
City of Stockton Department of Public Works
City of Irvine Department of Public Works
Transportation Departments
City of San Leandro
City of Los Angeles
City of Fremont
City of Menlo Park
City of Long Beach
City of Pasadena
City of San Diego
City of Delano
Public Health Departments
County of Los Angeles Public Health Department
California Department of Health
San Joaquin Healthy Coalition
County of San Bernardino Public Health Department
County of Riverside/Desert Region Department of
Public Health
County of Monterey Department of Public Health
Law Enforcement Agencies
Los Angeles Police Department
Los Angeles Unified School District School Police
California Highway Patrol
Los Altos Police Department
Mountain View Police Department
Milpitas Police Department
Stockton Police Department
Long Beach Police Department
Gardena Police Department
San Diego Police Department
LA County Sheriff’s Department
City Councils
Los Angeles
Long Beach
Stockton
Burbank
Pasadena
Santa Monica
Fremont
Mountain View
Los Altos
San Leandro
School Districts
Los Angeles Unified School District
Long Beach Unified School District
Stockton Unified School District
Irvine Unified School District
Mountain View Unified School District
San Leandro Unified School District
San Lorenzo Unified School District
Menlo Park School District
San Diego School District
Fremont Unified School District
Burbank Unified School District
Pasadena Unified School District
Desert Region Unified School District
Public Advocacy / Volunteer Groups
Los Angeles Bicycle Advisory Committee
Los Angeles Pedestrian Advisory Committee
San Diego Bike & Ped Advisory Committee
Long Beach Bike & Ped Advisory Committee
Mountain View Bike & Ped Advisory Committee
California Bicycle Coalition
Los Angeles Bicycle Coalition
East Bay Bicycle Coalition
Los Angeles County Association of Police Officers
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 6 Safe Moves References:
City: Fremont
Program Name: Bicycle and Pedestrian Safety
Education Program
Contact: Rene Dalton
Tel #: 510/494-4535
Email Address: [email protected]
Dates: 2/2004 – to present
Scope of Work: 93 Bicycle and Pedestrian school
workshops and 40 traffic safety rodeos
for elementary school students.
City: Mountain View
Program Name: Vehicle Emissions Reductions Based at
Schools
Contact: Dennis Drennan
Tel #: 650/903-6633
Email Address: [email protected]
Dates: 4/2008 to present
Scope of Work: 250 school workshops and 50 traffic
safety rodeos for elementary and
middle schools, Walk & Bike to
School Days, Pre & Post Program data
collection.
City: Long Beach
Program Name: Safe Routes to School Program
Contact: Nate Baird
Tel #: 562-570-6667
Email Address: [email protected]
Date: 9/2008 – to present
Scope of Work: 500 school workshops and 100 traffic
safety rodeos for elementary and
middle schools, parent workshops,
and teacher trainings, Walk & Bike to
School Days, Pre and Post Program
Data, Site Surveillances, Community
Outreach.
City: Los Angeles
Program Name: School Bicycle Safety and Transit
Education Program
Dates: 9/1984 to present
Contact: Howard Huang
Tel. #: 213/972-4958
Email Address: [email protected]
Scope of Work: 1,500 elementary & middle school
workshops and 100 elementary &
middle school rodeos per year, Walk
& Bike to School Days, Community
outreach events.
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 7
CONSULTANT TEAM
Program Director: Pat Hines
Pat Hines has thirty-one (39)
years of experience in bicycle and
pedestrian safety education, transit
use and transportation issues. As
founder, she served as the executive
director from 1983 to present. Her
responsibilities for this program
will include, but not limited to the
following:
Supervising deliverables
Attending Project meetings
Providing Reports
Employment History
Safe Moves
Executive Director, Safe Moves
1978-1983
RKO Broadcasting Radio Group
Vice President, Communications and
Public Affairs
1978-1983
Academic History
1976 – B.A. /B.S. Communications
and Biology, University of Miami
Instructor: Quin Danz
Quinn Danz has served as an
instructor for Safe Moves from 2011
to the present. His responsibilities for
this program will include, but are not
limited to the following:
Conducting workshops and
rodeos
Implementing encouragement
programs
Data collection
Administering/collecting/
evaluation surveys
Employment History
2011 – Present
Safe Moves
Community/School Outreach
Coordinator
City of Stockton Safe Routes to
School Program for the Stockton
Unified School District
City of Milpitas Safe Routes to School
Program for Milpitas School District
City of Fremont Bicycle and
Pedestrian Safety Education
Program for the Fremont School
District
Academic History
1982-1986 – B.A. San Jose State
Instructor: Bill Howard
Bill Howard has served as instructor
for Safe Moves from 1996 to the
present. His responsibilities for this
program will include, but are not
limited to the following:
Conducting workshops and
rodeos
Implementing encouragement
programs
Data collection
Administering/collecting/
evaluation surveys
Employment History
2011 – Present
Safe Moves
Community/School Outreach
Coordinator
County of Monterey Safe Routes to
School Program for King Unified
School District and Soledad Unified
School District
City of Stockton Safe Routes to
School Program for the Stockton
Unified School District
City of Milpitas Safe Routes to School
Program for Milpitas School District
City of Fremont Bicycle and
Pedestrian Safety Education
Program for the Fremont School
District
City of Los Altos Bike Safety Program
Academic History
1978-1982 – B.A. Ohio State
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 8
WORK TASK LIST AND FEE COMPENSATION
See Exhibit 1
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 9
PROJECT INITIATION AND MANAGEMENT
Safe Moves will coordinate with the City Staff for the
start-up meeting within one week of receiving the Notice to Proceed. A determination will be made to schedule an in-person or virtual meeting. Safe Moves will participate in the start-up meeting and attend any other meetings as necessary. We will use the start-up meeting to initiate the planning process, discuss grant procedures, timeline and program expectations.
In preparation for the meeting, Safe Moves will provide a meeting agenda with action items for review, and upon
approval, distribute the final agenda. Safe Moves will
also confirm date, meeting place and meeting time. In
addition, Safe Moves will produce a short, informative
PowerPoint to outline the work plan and strategies to
be used to accomplish the Project Goals and Objectives.
Safe Moves will provide a draft of the post-meeting
notes, with action items, no later than seventy-two (72) hours after the meeting. A final draft will be provided within forty-eight (48) hours after receiving feedback
from City Staff. All meeting notes and action items will be featured on a Google doc so all parties will have access.
Project Team Management
Safe Moves will hold monthly meetings in person or by
phone with City Staff and Delano Union School District
to facilitate 360-degree communication. Safe Moves is
dedicated to building an effective working relationship with the City Staff, Delano Union School District and
other stakeholders including Delano Police Department
and community organizations. At the onset of the
project, we will establish open lines of communication, ensuring that staff can easily contact our Project
Coordinator and expect a prompt response as well as
access to other team members. Safe Moves policy is to
assign a team of experienced professionals that stay with the project from concept through completion, ensuring a seamless integration from one phase to the next.
While we believe effective account management
requires strict adherence to guidelines and standard
operating procedures, we also know it’s important to
be flexible enough to respond to new assignments and
unforeseen events. Therefore, Safe Moves will assign new projects to appropriate team members based on their
individual skills and expertise, to meet the Project needs.
Team members will be utilized to provide optimum
support and performance, adhering to timelines and
budget parameters. Ultimately, all team members are
accountable to the Project Manager, who is central to
resolving any problems or issues that might arise.
Information gathered during the start-up meeting will
go directly into a Project Management Plan (PMP) to
validate the vision, goals and objectives of the project, confirm proper communication channels, track project
schedules, and identify any apparent risks to completing deliverables on time and on budget. The PMP will
be a living document and updated with the Project
Management Team (PMT) monthly to identify challenges
and any necessary amendments to the project timeline.
The PMP will be enhanced with the following:
Document Control and Cloud Based File Sharing: We
propose providing a cloud-based project folder using
the Microsoft SharePoint file-sharing platform. This
project folder will contain project documentation such
as the schedule, correspondence, meeting agendas and
minutes, reports, maps, photos, analysis memos, and
other project elements.
Schedule Controls: The project schedule will indicate
all submittals and review periods and updated monthly.
Safe Move’s SRTS Coordinator will also regularly review all project tasks to ensure completion. Corrective actions will apply as necessary to match production to the
current schedule.
Monthly Progress Reports/Invoicing
Safe Moves will prepare monthly invoices and project
reports that will be a concise summary status of activities and deliverables. The Monthly Project Report will
document the program highlights, program activities/
schedule of upcoming activities, certification forms
documenting activities, meeting agendas and summary
notes, photos/videos, copies of all collateral materials and copies of print and electronic media.
Safe Moves will submit a final report that will include a summary of all programming and results of data
collection and shifts in modes of transportation, a
sustainability action plan, and recommendations for
future programming.
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 10 PROJECT UNDERSTANDING AND APPROACH: BIKE LANES AND SIDEWALK GAP
IMPROVEMENTS AND NON-INFRASTRUCTURE (EDUCATION) PROJECT Safe move understands the following goals of the City of Delano’s Safety Education and Public Outreach Program:
• increase the number of children bicycling to and
from school
• promote the suggested bike safe routes to school
maps
• increase awareness of drivers during school arrival
and departure times
• motivate parents to support their children’s effort to bicycle to school
• improve traffic safety skills and knowledge with
workshops, school rodeos and community rodeos.
• provide on-going encouragement programs for
students to bike to school
• motivate school officials and teachers to continue to promote bicycling
• implement fun and interactive traffic safety
programs that are geared to each grade level and
accommodate the diverse populations at each school
site
• create appropriate peer encouragement to motivate
students to join in and bike to school
• conduct Pre and Post Parent Surveys and Student
Bicycle Tallies to establish a base line and results.
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 11 TASK 1: Project Evaluation
A.: Pre and Post Project Student Bicycle Tallies and
Parent Surveys
Safe Moves will administer, collect and evaluate the
Federal SRTS pre and post Project parent surveys for 10 schools listed in the Request for Proposal. At the same time the parents are being surveys, Safe Moves will
coordinate with teachers to conduct the student tallies.
Incentive programs will be implemented to encourage
participating in surveys.
We will produce a summary of the data collected
in a clear concise way with narrative and graphic
representations. The surveys will show where safety
issues are and provide information useful in tailoring our encouragement, education and enforcement programs.
The data collected from the Parent Surveys will be used to measure changes in travel modes, parent concerns
and transportation behaviors.
Pre and Post Program Surveys will be distributed to
all parents through school email and through parent
workshops with the assistance of PTA organizations.
Room parents will be organized to follow up with each
parent to return the Pre and Post Program Surveys. Pre
and Post Program Surveys will be provided for posting
on each of the school’s websites. Surveys will be available in English, Spanish and any other language requested by the school administration.
Safe Moves will submit the final survey results to the
National Center for Safe Routes to School.
Deliverables: Pre and Post Student Tallies and Parent
Surveys
TASK 2: Safe Routes to School Workshops with
Delano Police Department
Safe Moves’ philosophy of teaching bicycling as a safe, healthy, and effective method of transportation is “learn by doing” based in experiential educational principles.
Safe Moves believes students and parents learn best
and develop key problem solving skills by actively
experiencing traffic situations. Unlike rote memorization of traffic laws and rules or use of videos; our handson approach teaches children to identify problems to determine the correct behavior and, ultimately, to arrive at important conclusions about the safe choices to make as bicyclists. Safe Moves applies grade-level appropriate methodologies to achieve maximum effectiveness
SCOPE OF WORK
at every learning and behavioral level. We are also
mindful of the increasing diversity and have developed
approaches that are culturally competent and relevant
to the lives of the parents and students, as well as the neighborhoods surrounding the schools. Our partnership
with the Delano Police Department will reflect this
strategy.
2.A.: Student Bike Safety Workshops for Grades 3-12
Students in grades 3-12 participate in a workshop
program conducted in a game show format called Traffic
Jam with the instructor as the game show host. This
program component engages the students in active
learning by challenging their critical thinking skills. Traffic Jam covers safety and environmental consequences of
traffic congestion and pollution.
The lesson plans include:
• Safe places to ride
• Unsafe places to ride
• Explanation of traffic signs and signals
• Rights and responsibilities of bicyclists
• Helmet use (proper fit and adjustment)
• Recognition and avoidance of common bicycle
collisions
• Explanation and demonstration of the role of
crossing guards
• Explanation/simulation of traffic environment
(infrastructure)
• Understanding of driver and bicyclist behaviors
• School transportation/traffic policies (pick up and
drop off procedures)
• Explanation of the school route/neighborhood maps
• Importance of bicycling for physical fitness
• Effects of bicycling for a cleaner environment
• Identification & avoidance of hot spots (crime, bullies, hazards, corners & crosswalks, truck traffic)
• Explanation of Bicycle Trains
• Workshops include the use of a miniature city to
demonstrate traffic situations.
Delano Police Department will be invited to participate in all workshops.
Deliverables: Safe Routes to School Workshops
TASK 2.B.: Printed Material
In collaboration with the schools and City Staff, we
will develop the most effective types of collateral
materials for the program and develop brochures, fliers and banners as needed. Materials will be developed
and distributed on a regular basis. All materials will
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 12 be produced in both English and Spanish and in both
printed and electronic formats. Electronic versions will be made available online. Topics will include bike safety, pedestrian safety and information on Safe Routes to
School programs. We will work closely with City and
Delano Unified School District Staff to ensure all materials are compliant with design and content standards.
Deliverables: Printed Materials
TASK 2.C.: Suggested Safe Routes to School Map
Training for Bicycling
Safe Moves will include training on how to use the
maps in workshops, rodeos and community events.
Safe Moves will work with schools to feature the maps
on their website and promotional reminders in school
newsletters and information sent home to parents.
Deliverables: School Map Trainings
TASK 2.D.: Parent Workshops
While parents can serve as positive role models for
their children, most parents either over estimate their children’s knowledge and skills or don’t always model
safe bicycling behaviors. Most adults were never trained in bicycle safety behavior – consequently their skills and knowledge are poor.
Safe Moves will conduct interactive workshops on the
basics of bicycle safety, general bike maintenance and
helmet use, including fitting and adjustment. These
workshops will also address parental concerns of traffic speed and traffic volume around schools, as well as the social environment around schools, including the crime
and bullies. A PowerPoint presentation will be made and appropriate materials will be distributed.
Focusing solely on the dangers tends to discourage
parents from allowing their children to bicycle, so the parent workshops cover the need for their children’s
activity level to increase. Printed material will be
distributed.
Parents will be asked to volunteer for the Bike Trains, and other school activities. Sign-up sheets will be made available for those interested.
Deliverables: Parent Workshops
TASK 3: Bicycle Safety Rodeos
3.A.: Bicycle Safety Rodeos
The Bicycle Rodeos is an interactive hands-on program
allowing children to experience traffic situations as
bicyclists in a traffic simulation course called “Safe Moves City”.
“Safe Moves City” is a miniature city featuring:
• Sidewalks
• Streets
• Bike lanes
• Intersections
• Houses with garages
• Apartment buildings
• Alleyways
• Parking lots
• Business district
• Cars
• Trucks
• Buses
• Train
• Railroad track
• Traffic signs & signals
By using a realistic course, the ability of students to recognize and avoid traffic hazards and to ride safely
is improved. The lesson plans and traffic situations
become more challenging for the upper grades so as to
accommodate their “real life traffic challenges
All lesson plans are designed to be age-appropriate and administered by trained safety instructors. Rodeo Lesson Plans are as follows:
• Safe places to ride (street, sidewalk, bike lane –
depending on age)
• Unsafe places to ride
• Explanation of traffic signs and signals
• Rights and responsibilities of bicyclists
• Helmet use (proper fit and adjustment)
• Recognition and avoidance of common bicycle
collisions
• Use of bike racks, bike lanes, bike paths, bike trails • Skills (stopping, balancing, braking, left shoulder
check, scanning)
• Explanation and demonstration of the role of
crossing guards
• California Vehicle Code laws and regulation
• Explanation/simulation of traffic environment
(infrastructure)
• Understanding of driver and bicyclist behaviors
• School transportation/traffic policies (pick up and
drop off procedures)
• Explanation of the “Suggested Safe Routes to School”
maps provided by the school district
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 13 • Importance of bicycling for physical fitness
• Effects of bicycling for a cleaner environment
• Identification of hot spots (crime, bullies, hazards
corners & crosswalk, truck traffic)
Bicycles and helmets will be provided for those students who don’t have one. Students are taught how to properly fit and adjust their bicycle helmets as well as conduct a bike check for tires, brakes, seat and handlebars.
Deliverables: Bicycle Rodeos
Task 3.B. Community Traffic Safety Expo Rodeo
Safe Moves will organize and coordinate a Community
Traffic Safety Expo Rodeo designed to include parents,
their children and the surrounding community. The
Community Traffic Safety Expo Rodeo is similar to
the School Pedestrian & Bicycle Rodeo in that it is an
interactive hands-on program allowing children and their parents to experience traffic situations in “Safe Moves City”.
All rodeo participants who attend the events are entered into a drawing to win a bicycle and helmet. Bicycles and helmets are provided at no cost to the Program. Goodie
bags would be provided that include promotional
giveaways donated by community businesses and
agencies.
Safe Moves provides all equipment, staff and materials
needed to conduct the event including organizing all
participants, promotion and publicity/promotion.
Deliverables: One (1)Community Traffic Safety Expo
Rodeo
TASK 3.C. Bike-a-thons for Students and Parents
To generate initial enthusiasm and awareness of the
Traffic Safety Education and Community Outreach
Program and increase interest in bicycling to school, Safe Moves will plan and coordinate bike-a-thons. We will
partner with schools and the community on planning
these events so that at the completion of the program,
these annual events will continue in the future.
Deliverables: 10 Bike-a-thons
TASK 4: Project Information to Parents and
Students
Safe Moves will implement encouragement strategies
that generate excitement and interest in bicycling. These strategies will be closely interwined, working together to promote bicycling by rewarding participation and
educating children and their parents about safety and
the benefits of bicycling.
Encouragement Programs will include:
Bike to School Day
To generate initial enthusiasm and awareness of the
Safe Routes to School program and increase interest in
bicycling to school, Safe Moves will plan and coordinate International Bike to School Day events for International Bike to School Day in May 2025.
We will partner with school communities, local
businesses and community organization on planning
these events, so that at completion of project, these
annual events will continue in future years.
Deliverables: Encouragement Programs
ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 14 EXHIBIT 1: WORK TASK LIST AND FEE COMPENSATION
Exhibit 1: Work Task List and Fee Compensation
ATPL - 5227 (067)
TASK / DELIVERABLES
Pat Hines
Project
Director
Bill Howard
Instructor/
Facilitator
Quinn Danz
Instructor/
Facilitator
TOTAL
HOURS
FEE
ESTIMATE
Hourly Labor $170.00 $60.00 $60.00
TASK 1. Student and Family Surveys (Observations)
1.a. Meet with school principals and staff to
discuss Pre & Post Surveys 25 0 0 25 $4,250
1.b. Implement distribution and collection of
surveys
20 24 24 68 $6,280
1.c. Analyze results from surveys 25 0 0 25 $4,250
1.d. Prepare final results for review by City Staff 25 0 0 25 $4,250
1.e. Submit data to the National Center for Safe
Routes to School 3 0 0 3 $510
SUBTOTAL: 98 24 24 146 $19,540
Task 2. Safe Routes to School Workshops with Law Enforcement
2.a. Schedule & conduct workshops 20 40 40 100 $8,200
2.b. Develop bilingual printed material 20 0 0 20 $3,400
2.c. Safe Routes to School Map trainings 20 20 20 60 $5,800
2.d. Safe Routes to School Program workshops 20 0 0 20 $3,400 SUBTOTAL: 80 60 60 200 $20,800
Task 3. Conduct Outreach and Education Events
3.a. Conduct interactive workshops with
miniature city set-up 25 45 45 115 $9,650
3.b. Conduct Saturday Community Traffic Safety
Expos 10 30 30 70 $5,300
3.c. Conduct School Bike-A-Thons 25 40 40 105 $9,050
SUBTOTAL: 60 115 115 290 $24,000
Task 4. Project Information to Parent and Students
4.a. Meet with school principals, staff, teachers
and parents 25 0 0 25 $4,250
4.b. Develop and implement school-based
encouragement programs 25 18 18 61 $6,410
SUBTOTAL: 50 18 18 86 $10,660
TOTAL HOURS 288 217 217 722
TOTAL FEE AMOUNT $48,960.00 $13,020.00 $13,020.00 $75,000 ATPL-5227 (067) ATP-5 Bike Lanes and Sidewalk Gap Improvements and Non-Infrastructure (Education) Project • 15 EXHIBIT 2: TIMELINE
Exhibit 2: Time Line for ATPL-5227 (067)
Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 TASK 1 Student and Family Survey (Observations)
1.a. Meet with City Staff and School
Staff
1.b. Implement distribution and
collection pre & post surveys
1.c. Analyze data
1.d Prepare pre and post reports
1.e
Submit data to National Center
for SRTS
TASK 2 Safe Routes to School Workshops
2.a. Schedule & conduct workshops
2.b. Develop bilingual program
materials
2.c. Safe Routes to School Map
trainings
2.d. Safe Routes to School Program
workshops
TASK 3 Conduct Outreach & Educational Events
3.a. Conduct events w/miniature city
3.b. Conduct Saturday Community
Traffic Safety Expo
3.c. Conduct Walk-A-Thons for
students & parents
TASK 4 Project Information to Parents & Students
4.a. Create school & community
based promotions
4.b. Implement school & community
based promotions
CITY OF DELANO
STAFF REPORT
November 4, 2024
Agenda Item: 16
TO:
FROM:
SUBJECT:
Honorable Mayor and Council Members
Maribel Reyna, City Manager
By: Brad Evanson, Inteirm Community Development Director Second and final reading of an ordinance of the City of Delano amending Section 20.14.35 (Signs with changeable copy) of the Delano Municipal Code. The proposed Zoning Text Amendment would allow (i) electronic and mechanical signs that have changeable copy and is located within the Downtown Commercial (DC) District along High Street between 9
th and 13th; (ii) would be subject to
administrative approval from the Community Development Director through the Sign Program process.
California Environmental Quality Act (CEQA) Determination The proposed Zoning Text Amendment is exempt from review under the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment. In addition, the proposed Zone Text Amendment is statutorily exempt from CEQA pursuant to Title 14, Section 15273(a) of the California Code of Regulations.
Recommendation
Staff recommends the City Council take the following actions:
1. Conduct the Public Hearing
2. Second and Final Reading of an ordinance for a Zoning Text Amendment to Section
20.14.35 of the Delano Municipal Code
This item was continued from the October 7, 2024, City Council meeting.
Background
The applicant requested revisions to Section 20.14.35 (Signs with changeable copy) to be able to have a changeable copy sign on his commercial property. The applicant believes that due to the location of his property and the proximity to General Commercial District which is located across 2 the street from his property and allows for changeable copy signs with approval of a Conditional Use Permit, his property should be allowed to utilize said signs.
As Staff was reviewing the request, Staff determined that the parcels along High Street between 9 th and 13th are in close proximity to parcels that are zoned General Commercial District and are in an area that is known for mixed-use development and could benefit from having a changeable copy sign. Therefore, Staff is recommending the following revisions to Section 20.14.35 (Signs with changeable copy) of the Delano Municipal Code. The following revisions would allow:
(i) Electronic and mechanical signs that have changeable copy and is located within the Downtown Commercial (DC) District along High Street between 9th and 13th; and (ii) Would be subject to administrative approval from the Community Development Director through the Sign Program process.
The following additions to Section 20.14.35 are shown in underline below:
D. Notwithstanding the provisions of Subsection 20.14.20.9.a above, electronic and mechanical signs that have changeable copy may be allowed within the Downtown Commercial (DC) District along High Street between 9th and 13th are permitted as follows:
The following operational and locational criteria shall be submitted with a Sign Program Application to address traffic safety, and aesthetics and conditioned in the application.
1. Sign shall be a one (1) double face sign per street frontage for a total of 32 square-feet with a height of four-(4-) feet;
2. Sign shall have a setback of five-(5-) feet from the property line and shall not be located within five-(5-) feet of a public right-of-way and must not create traffic hazard at corner or driveways;
3. Copy shall pertain only to the name and/or address of the building and illumination shall be reverse backlit, channel lit or indirectly illuminated;
4. The sign shall be no brighter than measured light source on the property;
5. The length of time between the copy changes shall not be less than five (5) seconds and method of transition between copy changes shall be instantly and without animation and do not display movement;
6. The sign shall not be located 100-feet of any residential property; Provisions from the Subsection 20.14.35.b and c shall still remain.
Planning Commission Hearing
On September 11, 2024, Planning Commissioners came to a mutual consensus regarding the proposed amendment and agreed with Staff’s recommendation. The Commissioners believed that the opportunity for downtown businesses to be able to utilize changeable signs would be a great opportunity and possibly rejuvenate the downtown area. Therefore, by a vote of five (5) to zero the Planning Commission recommended approval of the proposed Text Amendment. 3 California Environmental Quality Act (CEQA) Determination The proposed Zoning Text Amendment is exempt from review under the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment. In addition, the proposed Zone Text Amendment is statutorily exempt from CEQA pursuant to Title 14, Section 15273(a) of the California Code of Regulations.
Fiscal Impact
There is no direct fiscal impact to the general fund for this revision. However, if approved, the City would potentially be processing additional Site Plan Reviews (ministerial permit) with the Community Development Department. The fee for a Site Plan Review has been established and will remain the same.
Attachments
Draft Ordinance for Section of 20.14.35 Signs with Changeable Copy Draft Section 20.14.35
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF DELANO AMENDING SECTION 20.14.35 (SIGNS WITH CHANGEABLE COPY)
The City Council of the City of Delano, California, does ordain as follows:
Section 1. Title 10 of the Delano Municipal Code is hereby amended Section 20.14.35 as set forth in Exhibit “A” attached hereto.
Section 2. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase of the Ordinance in spite of the fact that any one or more or the same be declared unconstitutional or invalid.
Section 3. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause this Ordinance to be prepared according to law to be published in accordance with law in a newspaper of general circulation in the City.
PASSED AND ADOPTED this 4
th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ___________________
Ricardo G. Chavez, City Clerk
APPROVED: _______________________
Joe L. Alindajao, Mayor
20.14.35 Signs with changeable copy.
A. Notwithstanding the provisions of Subsection 20.14.20.9.a above, electronic and mechanical signs that have changeable copy may be allowed in the General Commercial (GC) District and the Community Retail Commercial (CRC) District subject to the approval of a Conditional Use Permit.
The following operational and locational criteria shall be addressed for traffic safety and aesthetics and conditioned in the CUP:
1. Proposed location and height of the sign with respect to traffic control devices;
2. Size and height of proposed sign;
3. Existing and proposed illumination levels;
4. Length of time between copy changes;
5. Method of transition between copy changes;
6. Proximity of sign to residential development;
7. Cumulative effect of signs with changeable copy in an area or along a street.
B. Further, the sign may display commercial identification and the advertising of merchandise and services for only those occupants of the parcel on which the sign is to be located. The sign shall not be used as a billboard for advertising off-site businesses, products, services, or events. The sign may display noncommercial messages.
C. Signs with changeable copy shall not contain moving text or graphics, flashing images or changing colors or illumination within the copy being displayed.
D. Notwithstanding the provisions of Subsection 20.14.20.9.a above, electronic and mechanical signs that have changeable copy may be allowed within the Downtown Commercial (DC) District along High Street between 9 th and 13th subject to the administrative approval of the Community Development Director.
The following operational and locational criteria shall be submitted with a Sign Program Application to address traffic safety, and aesthetics and conditioned in the application.
1. Sign shall be a one (1) double face sign per street frontage for a total of 32 square -feet with a height of four-(4-) feet;
2. Sign shall have a setback of five-(5-) feet from the property line and shall not be located within five-(5-) feet of a public right-of-way and must not create traffic hazard at corner or driveways;
3. Copy shall pertain only to the name and/or address of the building and illumination shall be reverse backlit, channel lit or indirectly illuminated;
4. The sign shall be no brighter than measured light source on the property;
5. The length of time between the copy changes shall not be less than five (5) seconds and method of transition between copy changes shall be instantly and without animation and do not display movement;
6. The sign shall not be located 100-feet of any residential property; Provisions from the Subsection 20.14.35.b and c shall still remain.
CITY OF DELANO
STAFF REPORT
November 4, 2024
Agenda Item:
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Miguel Angel Fernandez, Economic Development Specialist SUBJECT: Approve Resolution Approving Destruction of Public Records as listed in Exhibit “A”
RECOMMENDATIONS
Staff is recommending the destruction of various public records as listed in Exhibit “A”, attached.
DISCUSSION/BACKGROUND
Staff reviewed the local government records management guideline for the administrative records typical retention periods and has identified the need to destroy certain records.
The records have been retained well beyond the legally required time of retention and are of no further use to the department.
Attachments
Resolution
Exhibit “A”
Fiscal Impact
Related costs are budgeted in the current budget. (Shredding pickup) 17 RESOLUTION 2024 –
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELANO ALLOWING
DESTRUCTION OF PUBLIC RECORDS PURSUANT TO GOVERNMENT CODE SECTION 34090
WHEREAS, Government Code Section 34090 allows the City Council, on approval of the legislative body by resolution and by written consent of the City Attorney, to authorize the head of a City Department to destroy any City record, document, instrument, book, or paper under her charge without making a copy thereof after the same is no longer required; and WHEREAS, certain department files, records and documents have been retained past the legally required time for retention and are of no further use to the department; NOW THEREFORE, BE IT RESOLVED, the City Council after due consideration, does hereby authorize the City Manager to destroy the files, records and documents in the possession of the department which do not involve a pending or potential litigation and are past the legal time limit for retention by the department at the time of this resolution, as listed on Exhibit “A” attached and made apart hereof.
PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 4th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________
Joe Alindajao, Mayor
ATTEST:
_______________________________________
Ricardo Chavez, City Clerk
EXHIBIT “A”
DOCUMENTS RECOMMENDED FOR DESTRUCTION
Documents from 1993
Committee Agendas
Documents from 2003
Ethics Training Manuals
League of California Cities Documents
Documents from 2004
Benefits Memos
Documents from 2005
Retirement/Pension Documents and Memos
Documents from 2006
Local Tax Information
Documents from 2007
Correctional Facility Memos
EDBG Project File
CD: Budget Information from 2006 & 2007
Documents from 2008
California Voter Information Guide
Railroad Purchase Memos
Documents from 2009
Memos for Walls of Valor
Structural Adequacy for Sierra Theater
Elementary School District Memo Packets
Pension Plan Information
CDs with City Goals, RDA Budget, and Budget Review
Documents from 2010
Council Meeting Staff Reports
Correctional Facility Reports and Memos
Budget Review Memos
Documents from 2011
PD Budget Updates
Redevelopment Project
CD: RDA Budget
Documents from 2012
California Tenants Guide
Documents from 2014
RFP Submittal
Documents from 2015
Staff Reports for all year
Documents from 2016
Staff Reports for all year
Correctional Patches (77)
Correctional Officer Badge
CITY OF DELANO
STAFF REPORT
November 4, 2024
Agenda Item No.:
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Brad Evanson, Interim Community Development Director SUBJECT: Consideration and introduction of ordinance regulating encampments on public property
_____________________________________________________________________________
RECOMMENDATION
Staff recommends the City Council to consider the introduction of an ordinance regulating encampments on public property.
DISCUSSION
At the City Council Meeting of August 19, 2024, Council Member Nunez requested to place this item for discussion considering the Supreme Court’s ruling and Governor Newsom’s Executive Order N-1-24. Governor Gavin Newsom issued an executive order on July 25, 2024, ordering state agencies and departments to adopt clear policies that urgently address homeless encampments while respecting the dignity and well-being of all Californians. In consideration of enacting an ordinance, the City Council would need to provide staff direction as to the City’s approach and procedures for enforcement of public encampments and for conducting encampment cleanups.
Below are five (5) components that are consistent with the California Department of Transportation Maintenance Policy Directive 10001-R1 and shall be included in the adoption of policies consistent with the Order.
1. Whenever feasible, provide a site assessment to determine whether an encampment presents an imminent threat to life, health, safety or infrastructure. This assessment is used to determine whether exigent circumstances require immediate removal of the encampment.
2. If it is determined that exigent circumstances exist, state entities are ordered to provide “as much advance notice to vacate as reasonable under the circumstances.”
3. Where exigent circumstances are not found, agencies and departments are ordered to post a notice to vacate at least 48 hours prior to initiating removal. 18 2
4. Agencies are ordered to include requirements in their policies which require them to contact service providers to request their assistance for providing resources to people living at the encampment.
5. Once dismantling has occurred, entities are ordered to maintain systems for collecting, labeling, and storing property of persons living in each encampment, excluding items which present a health and safety hazard, for at least 60 days.
Fiscal Impact:
The fiscal impact of the adoption of such an ordinance is dependent on various factors such as the costs associated citations and prosecution of violations of the new ordinance; the costs of implementing the abatement notice, documentation and storage of property/evidence; and the results from implementation of said ordinance creating a more inviting environment for existing and future businesses in Delano and increased property values.
Attachments
California Governor Newsom’s Executive Order N-1-24
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-1-24
WHEREAS California is experiencing a homelessness crisis decades in the making, with over 180,000 people estimated to have experienced homelessness on any given night in 2023, including 123,000 people who experienced unsheltered homelessness, living in tents, trailers, and vehicles across the state; and
WHEREAS within the first year of my Administration I fast-tracked the development of shelter through Executive Order N-23-20, which directed departments to assess and facilitate the use of available state land and resources for short-term emergency homeless shelters; and WHEREAS since the beginning of my Administration, the State has made unprecedented investments to address the homelessness crisis head on, investing more than $24 billion across multiple state agencies and departments, including $4.85 billion in flexible funding to local jurisdictions to prevent and reduce homelessness through Homeless Housing, Assistance and Prevention grants, $1 billion in Encampment Resolution Funding to assist local jurisdictions in providing services and supports to people living in encampments, and $3.3 billion to rapidly expand housing for persons experiencing homelessness through Homekey; and
WHEREAS the State has redoubled its commitment to holding local jurisdictions accountable to reduce homelessness, including by strengthening and enforcing requirements that local jurisdictions plan for their fair share of housing and by conditioning state homelessness funding on rigorous reporting and measurable performance metrics; and
WHEREAS it is imperative to act with urgency to address dangerous encampments, which subject unsheltered individuals living in them to extreme weather, fires, predatory and criminal activity, and widespread substance use, harming their health, safety, and well-being, and which also threaten the safety and viability of nearby businesses and neighborhoods and undermine the cleanliness and usability of parks, water supplies, and other public resources; and
WHEREAS while every jurisdiction must do more to address encampments, state and local agencies taking proactive steps to remove encampments have been stymied in those efforts by lawsuits and injunctions, leaving officials without the tools or guidance necessary to address the crisis on their streets; and WHEREAS in September 2023, I called on the United States Supreme Court to grant review in City of Grants Pass v. Johnson to clarify that state and local officials can take reasonable actions to resolve encampments while respecting the humanity of all Californians; and
WHEREAS in June 2024 the Supreme Court overturned Ninth Circuit Court of Appeals precedent that restricted the government’s authority to enforce laws regulating encampments, recognizing that jurisdictions may tailor their enforcement practices to reflect policy-driven approaches to addressing homelessness; and
WHEREAS with the threat of these types of injunctions removed, there is no longer any barrier to local governments utilizing the substantial resources provided by the State, in tandem with federal and local resources, to address encampments with both urgency and humanity, or excuse for not doing so; and WHEREAS guidelines that prioritize offers of shelter and services as a first step to resolving any encampment best respect the dignity of every Californian and provide meaningful paths to ending homelessness; and WHEREAS the California Interagency Council on Homelessness leads California’s efforts to prevent and end homelessness; and WHEREAS the California Department of Transportation maintains a policy directive that prioritizes removal of encampments that pose threats to life, health, and safety, while partnering with local governments and nonprofit providers to facilitate offers of shelter and supportive services in advance of a removal; and
WHEREAS the California Department of Transportation has, since July 2021, removed 11,188 encampments and 248,275 cubic yards of debris from these encampments along the state rights of way.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1) Agencies and departments subject to my authority shall adopt policies, generally consistent with California Department of Transportation’s Maintenance Policy Directive 1001-R1, to address encampments on state property, including through partnerships with other state and local agencies, and shall prioritize efforts to address encampments consistent with such policy. Such policies shall include the following:
a. Whenever feasible, site assessment in advance of removal operations to determine whether an encampment poses an
imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate removal of the
encampment.
b. Where exigent circumstances exist, as much advance notice to vacate as reasonable under the circumstances.
c. Where no exigent circumstances exist, posting of a notice to vacate at the site at least 48 hours prior to initiating removal. d. Contacting of service providers to request outreach services for persons experiencing homelessness at the encampment.
e. Collection, labeling, and storage for at least 60 days of personal property collected at the removal site that is not a health or safety hazard.
2) All departments and agencies not under my authority are requested to adopt policies consistent with the guidelines in Paragraph 1. 3) Local governments are encouraged to adopt policies consistent with this Order and to use all available resources and infrastructure, including resources provided by the State’s historic investments in housing and intervention programs where appropriate and available, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them. 4) The California Interagency Council on Homelessness shall develop guidance and provide technical assistance consistent with this Order for local governments to follow in implementing their local homelessness programs.
IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 25th day
of July.
_____________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY N. WEBER, Ph.D.
Secretary of State
CITY OF DELANO
STAFF REPORT
November 4, 2024
Agenda Item:
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Michael Enriquez, Information Technology Manager
SUBJECT: Introduction and first reading regarding an ordinance of the City of Delano amending chapter 10.24.095 Parade routes established for certain organizations
Recommendation
Staff recommends to the City Council to discuss and provide direction.
Discussion
During the City Manager Annual Goal setting session, the Delano City Council assigned a goal to install a new sound system throughout the parade route. As staff was preparing for the quote and logistics of said equipment, it was discovered that the corresponding light poles down Jefferson Street of the current parade route are owned by Southern California Edison Company (SCE). In communication with SCE, they did not give authorization to hang equipment on the light poles. Therefore, it became apparent that the parade route, established by ordinance, was not going to correspond with the infrastructure needed to fulfill this goal. The parade route is currently set by ordinance as follows:
7th and Main Street shall be the starting point for these parades, traveling north on Main Street to 14th Avenue to Jefferson Street, south from 14th Avenue on Jefferson Street to 7th Avenue and west on 7th Avenue to Main Street where the parade shall terminate.
The necessary amendment needed to install the new sound system would be as follows:
7th and Main Street shall be the starting point for these parades, traveling North on Main Street to 11th Avenue, then East to Kensington Street, where the parade shall terminate in front of City Hall.
The only change to the parade route would be turning East on 11th Avenue to Kensington Street, rather than turning on 14th Avenue and traveling south on Jefferson Street. The sound system equipment would not work with the existing parade route, therefore amending the ordinance would be required to install a new sound system and accomplish the goal set by the City Council.
19 Budget Impact
Minimal
Attachment:
Proposed Ordinance
Map
ORDINANCE NO. 2024 –
AN ORDINANCE OF THE CITY OF DELANO AMENDING THE DELANO
MUNICIPAL CODE BY AMENDING CHAPTER 10.24.095 PARADE ROUTES
ESTABLISHED FOR CERTAIN ORGANIZATIONS
The City Council of the City of Delano, California, does ordain as follows:
Chapter 10.24.095 of the Delano Municipal Code is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein.
Section 2. Severability. If any section, subsection, subdivision, sentence, phrase or portion of this Ordinance or the application to any person or place is held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase of this Ordinance in spite of the fact that any one or more of the same be declared unconstitutional or invalid.
Section 3. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause this Ordinance or a summary thereof to be prepared according to law to be published in accordance with law in a newspaper of general circulation in the City.
PASSED AND ADOPTED this 4
th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Ricardo G. Chavez, City Clerk
SIGNED AND ADOPTED this 4
th day of November 2024.
______________________________
Joe L. Alindajao, Mayor
EXHIBIT A
10.24.095 - Parade routes established for certain organizations.
The organizations listed in Subsection 10.24.090(C)4. shall adhere to the parade route as follows unless a shorter parade route which does not substantially deviate from the below listed route is approved by the city:
7th and Main Street shall be the starting point for these parades, traveling north on Main Street to 114th Avenue, then East to Kensington to Jefferson Street, south from 14th Avenue on Jefferson Street to 7th Avenue and west on 7th Avenue to Main Street where the parade shall terminate in front of City Hall.
Current parade Route (current ordinance)
Proposed parade Route (proposed ordinance)
CITY OF DELANO
STAFF REPORT
November 4, 2024
Agenda Item: 20
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Bradley Evanson, Interim Community Development Director SUBJECT: Accepting the 2045 General Plan Background Report Draft and 2045 General Plan Policy Document
Recommendation
Staff is recommending the Planning Commission accept the 2045 General Plan Background Report Draft and 2045 General Plan Policy Document for City Council review. Staff would like to note, approval of the documents are not being requested at this time. Once the documents have been accepted by City Council the consultant will be able to proceed with the next required steps for the General Plan.
Background
The City of Delano awarded the 2045 General Plan contract to QK, Inc. to prepare the 2045 General Plan on January 21, 2020. Unexpectedly, the City of Delano was confronted with the COVID-19 global pandemic thereafter which caused numerous logistical obstacles and delays. The City of Delano appointed a General Plan Advisory Committee (GPAC). The City Council held a joint meeting with the Planning Commission on February 18, 2021. The GPAC held seven (7) meetings from April 2021 to January 2022. The City of Delano had outreach by way of National Night Out events, Street Fairs and had an Open House dedicated to the community to provide comments regarding the General Plan.
The 2045 General Plan Background Report Draft and 2045 General Plan Policy Documents were prepared and made available for public review on August 6, 2024, at City Hall and on the City of Delano’s website. The Planning Commissioners were provided copies of both draft documents on August 7, 2024. The Planning Commission held a regular meeting on August 14, 2024, with Mr. Steve Brandt, representative of QK, Inc. (Consultant for the General Plan) providing a presentation and offering an opportunity for all Planning Commissioners to have a more thorough understanding of the draft documents, answered questions from the Commissioners, as well as offer oneon-one meetings. As of the date of the September 23, 2024 Special Planning Commission Meeting, there were 49 days for public review. On September 23, 2024 Special Planning Commission meeting, the Planning Commission approved the acceptance of the General Plan documents for City Council review.
Discussion
The City Council was provided with a copy of the Planning Commission accepted version of the 2045 General Plan Background Report Draft and 2045 General Plan Policy Document on October 8, 2024. Said documents were available for public review with physical copies, as well as on the City of Delano website. Since October 8, 2024, staff has not received any comments from the public for either document.
Budget Impact
N/a
Attachment:
2045 General Plan Background Report Draft (Provided on October 8, 2024) 2045 General Plan Policy Document (Provided on October 8, 2024)