CITY COUNCIL AGENDA
CITY OF SANTA MARIA, CALIFORNIA
Tuesday, June 6, 2023, 5:30 p.m.
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American Disability Act Accommodations:
Any member of the public who needs accommodations should email the City Clerk’s Office at [email protected] or call 805-925-0951 x2306. The City Clerk’s Office will use its best efforts to provide reasonable accommodation by request at least 48 hours ahead of the meeting.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino
4. PROCLAMATIONS
There are no Proclamations.
5. PUBLIC COMMENT PERIOD
(NOT TO EXCEED A TOTAL OF 15 MINUTES)
The City Council values your input. Written comments will be accepted until 2:00 p.m. the day of the meeting via email to [email protected]. To address the City Council via the online Zoom application, please click here to register to speak. To join the open meeting by phone, dial 1-669-900-9128, and use Webinar ID: 843 0270 8568. Individual speakers are limited to three minutes or as directed by the Mayor.
6. CONSENT CALENDAR
The following routine items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. The Consent Calendar is approved by roll call vote with one motion. These items are discussed only on request of Councilmembers. Members of the public may speak on Consent Calendar items during the Public Comment Period.
SHOULD A COUNCILMEMBER WISH TO DISCUSS OR DISAPPROVE ANY ITEM, it must be dropped from the blanket motion of approval and considered as a separate item.
RECOMMENDATION:
Adopt the Consent Calendar as submitted.
6.a CITY MANAGER/CITY CLERK DEPARTMENT
6.a.1 Ordinances and Resolutions
RECOMMENDATION:
Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.
6.a.2 Approval of Minutes
RECOMMENDATION:
Approve the Minutes of the regular City Council meeting of May 16, 2023.
6.b COMMUNITY DEVELOPMENT DEPARTMENT
6.b.1 Santa Barbara County Association of Government 2023 Airport Land Use Compatibility Plan
The City Council will consider the recognition of the 2023 Santa Barbara County Association of Governments’ Airport Land Use Compatibility Plan for the Santa Maria Airport.
Environmental Notice: The Project was adequately covered in a previously adopted Negative Declaration (SCH#: 2022110073) document by the Santa Barbara County Association of Governments, acting in its capacity as the Airport Land Use Commission for Santa Barbara County, pursuant to California Environmental Quality Act State Guidelines Section 15162.
RECOMMENDATION:
Adopt a Resolution recognizing the Santa Barbara County Association of
Governments’ 2023 Airport Land Use Compatibility Plan.
6.c FINANCE DEPARTMENT
6.c.1 Payment of Warrants
RECOMMENDATION:
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.
6.c.2 Payment of Payroll
RECOMMENDATION:
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.
6.d POLICE DEPARTMENT
6.d.1 Military Equipment Use Annual Report 2022-2023
The City Council will consider approving the Annual Military Equipment Use Report 2022-2023, including the acquisition of additional equipment.
Environmental Notice: This action is not a project subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guideline Section 15378(b)(5)).
RECOMMENDATION:
Adopt a Resolution approving the Annual Military Equipment Use Report 2022-2023, including the acquisition of additional equipment and renewing Ordinance No. 2022-03, adopting a Military Equipment Use Policy in compliance with Assembly Bill 481.
6.e PUBLIC WORKS DEPARTMENT
6.e.1 Grant Agreement with Santa Barbara County Air Pollution Control District for the 2022 Clean Air Grants Infrastructure Program
The City Council will consider a grant agreement with the Santa Barbara County Air Pollution Control District to receive funding assistance up to $38,500 towards the construction of an 8-port Level-2 City Fleet Electric Vehicle charging station at the Public Works Operations Yard.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution approving a grant agreement with the Santa Barbara County Air Pollution Control District for the 2022 Clean Air Grants Infrastructure Program for the construction of a City Fleet Electric Vehicle charging station.
6.e.2 Proposed Summary Vacation of a Portion of a Public Utility Easement at 1075 East Betteravia Road
The City Council will consider summarily vacating a portion of a public utility easement located on the CoastHills Credit Union parcel (APN 128-190-006) at 1075 East Betteravia Road.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution summarily vacating a portion of an existing public utility easement over Lot 18 of Enos Ranchos Final Map, Tract 6000.
7. PRESENTATIONS
7.a American Rescue Plan Act (ARPA) – June 2023 Update
The City Council will receive a presentation on an update to American Rescue Plan Act of 2021 (ARPA) projects and the actions being taken by the City to advance projects consistent with City Council ARPA strategic priorities.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
8. REPORT BY CITY MANAGER
9. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234
REPORTS)
10. ADJOURNMENT
PLEASE NOTE:
The next regular meeting of the City Council will be held on June 20, 2023, at 5:30 p.m. The deadline for submitting items for the June 20th meeting is June 7th.
City Council Meetings are televised live on Comcast cable television channel 23 and are rebroadcast at 9:00 a.m. on the next Thursday and on the following Tuesday at 5:30 p.m.
Council Meeting videos are also available for viewing on the City’s website. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice.
If you challenge a determination made on a matter on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in written correspondence to the city council at, or prior to, the public hearing.
CITY COUNCIL MEETING INFORMATION AND PROCESS:
This agenda is prepared and posted pursuant to Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the summary description of each item, the action that may be taken by the City Council shall include: a referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or
mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and disapproval. Items not on the agenda may not be discussed or acted upon except under emergency circumstances. (Government Code Section 54954.2).
Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk and available for public inspection during City Hall business hours the Friday before the meeting. Any written correspondence or documents provided to a majority of the City Council after distribution of the Agenda will also be available for public inspection in the Office of the City Clerk. If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability. The City Clerk’s Office will answer any questions regarding the agenda.
Materials related to an item on this agenda submitted after distribution of the agenda packet will also be available with the agenda material for public inspection during normal business hours in the City Clerk’s Office, 110 E. Cook Street, Santa Maria. Subject to the ability to post the documents prior to the meeting, such documents will also be available on the City’s meetings website portal for the current City Council meeting at https://cityofsantamaria.org/meetings.
The City of Santa Maria welcomes orderly participation at its meetings from all members of the public. Orderly participation means speaking only on items of City business or on subjects within the City’s control. Though the City Council wants to hear your concerns and values your input, it is inappropriate to defame, yell, use profane language, interrupt, or disrupt the meeting. All cellular telephones are to be turned off or set to vibrate, and signs are not to be displayed in a manner that violates the rights of others or prevents others from watching or fully participating in the Council meeting. Pursuant to Government Code Section 36813, the Mayor is authorized to prohibit such conduct, up to and including ordering anyone that disrupts the meeting to be removed from the City Council Chambers.
To receive reasonable accommodation under the Americans with Disabilities Act during the meeting, please notify the City Clerk’s office of your needs during business hours at least 48 hours in advance of the meeting (typically before 3 p.m. on the Thursday before the meeting). The Office of the City Clerk is located at 110 East Cook Street in Santa Maria; telephone (805) 925-0951, extension 2307. The City will give primary consideration to your request in providing assistance. Examples of assistance may include exhibits in large-sized format, use of assisted listening equipment, use of the California Relay Service, texting by cellular phone, or the services of a live interpreter.
Assisted listening equipment can also be used for interpretation by Spanish-only speaking persons. To allow the City to coordinate and request a Spanish interpreter from the volunteer corps, contact the Office of the City Clerk by 1:00 p.m. on Monday before the meeting.
Equipo también puede ser utilizado para la asistencia de interpretación para esas personas que solamente hablan español. Para permitirle a la Ciudad que coordine y solicite un interprete de un grupo de voluntarios, llame al (805) 925-0951 extensión 2307 a la 1:00 de la tarde el lunes antes de la junta.
1 CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA
May 16, 2023, 5:30 p.m.
City Hall Council Chambers
110 East Cook Street
Santa Maria
Roll Call: Mayor Alice Patino, Councilmember Maribel Aguilera-Hernandez, Councilmember Mike Cordero, Councilmember Carlos Escobedo, Councilmember Gloria Soto
Staff Present: City Manager Jason Stilwell, City Attorney Thomas Watson, Principal Civil Engineer David Beas, Interim Fire Chief Bradley Dandridge, Assistant City Manager Andrew Hackleman, Director of Finance Mary Harvey, Library Director Dawn Jackson, Chief Human Resources Officer Linda Le (remote), Chief Information Officer Jeffrey Marecic, Director of Community Development Chuen Wu, Chief of Police Marc Schneider, Director of Utilities Shad Springer, Chief Deputy City Clerk Rhonda White, Business Program Leader Alexandra Valadez
Closed Session 5:00 p.m.
Regular Session 5:30 p.m.
_____________________________________________________________________
CLOSED SESSION
1. CALL TO ORDER
Mayor Patino called the meeting to order at 5:00 p.m.
ROLL CALL:
MEMBERS PRESENT:
Councilmembers Maribel Aguilera-Hernandez, Mike Cordero, Carlos Escobedo, Gloria Soto, and Mayor Alice Patino
STAFF MEMBERS PRESENT:
City Manager Stilwell, City Attorney Watson, Chief Human Resources/Organizational Development Officer Le, and Chief Deputy City Clerk White (for roll call only).
2. PUBLIC COMMENT PERIOD
2 There were no requests to speak.
3. RECESS-CLOSED SESSION
3.a Conference with Labor Negotiators pursuant to Section 54957.6 of the Government Code Mayor Patino recessed to a Closed Session at 5:01 p.m. for Conference with Labor Negotiators pursuant to Section 54957.6 of the Government Code. Agency representative: City Manager Jason Stilwell. Employee Organizations: All bargaining units, unrepresented employees, managers, and executives.
4. RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P.M.
5. INVOCATION
Pastor Neil Platon of First United Methodist gave the Invocation.
6. PLEDGE OF ALLEGIANCE
Councilmember Escobedo led the Pledge of Allegiance.
7. CALL TO ORDER
Mayor Patino reconvened the regular meeting and called the meeting to order at 5:40 p.m.
8. CLOSED SESSION REPORT - CITY ATTORNEY
City Attorney Watson reported that instructions were provided to the City's Labor Negotiator.
9. PROCLAMATIONS
9.a Proclamation - "National Public Works Week"
Councilmember Aguilera -Hernandez presented a Proclamation recognizing May 21 - 27, 2023, as "National Public Works Week" in the City of Santa Maria and calling upon all residents and civic organizations to recognize the contributions public works officials make every day for better health, safety, and quality of life. Principal Civil Engineer David Beas accepted the Proclamation.
9.b Proclamation - "Go Rodeo Days"
Mayor Patino presented a Proclamation recognizing June 1 - 4, 2023, as “Go Rodeo Days” in the City of Santa Maria and encourage all residents to wear western wear for several weeks before the rodeo and parade events. Elks Recreation President Peter Sterling accepted the Proclamation.
9.c Businesses of the Month
Councilmember Soto and Councilmember Cordero, along with Glenn Morris of the Chamber of Commerce, presented certificates of recognition to the Featured Businesses for May 2023 - A.J. Diani Construction Corp. and its affiliate, Diani Building Corp., and Mar ian Regional Medical Center and Pacific Central Coast Health Centers. Owners Mike Diani, Don Ward, and Jim Diani; and President/CEO
3 of Marian Regional Medical Center Sue Anderson and President of Pacific Central Coast Health Centers Scott Robertson, respectively.
10. PUBLIC COMMENT PERIOD
James Wiley spoke about safety concerns at the homeless shelter.
Gary Hall representing North Santa Barbara County Mobile Homeowners Team (NSBMHT) spoke about the concerns the Mobile Homeowners Team has regarding the paus e in negotiations. Mr. Hall urges the City team to continue the conversation.
11. CONSENT CALENDAR
Consent Calendar Items 11.a.1. through 11.d.2. were approved as presented, including the adoption of Resolution Nos. 2023 -77, 2023 -78, 2023 -79, 2023 -80, 2023 -81, 2023-82, 2023 -83, 2023 -84, 2023 -85, and 2023-86.
The recorded vote appears with each item below.
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
Adopt the Consent Calendar as submitted.
Motion carried unanimously
11.a CITY MANAGER/CITY CLERK DEPARTMENT
11.a.1 Ordinances and Resolutions
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at th e first meeting, unless City Council indicates otherwise.
Motion carried unanimously
11.a.2 Approval of Minutes
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
Approve the Minutes of the regular City Council meeting of May 2, 2023.
Motion carried unanimously
11.a.3 Approving Salary Increase for Police Services Technician Job Classification and Adopting a Comprehensive Schematic Pay Schedule
4 Action: Adopted as Resolution No. 2023-77
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
Adopt a Resolution approving a salary increase for the Police Services Technician job classification and adopting a comprehensive Schematic Pay Schedule for all full -time and part - time employees in accordance with CalPERS guidelines.
Motion carried unanimously
11.b FINANCE DEPARTMENT
11.b.1 Payment of Warrants
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.
Motion carried unanimously
11.b.2 Payment of Payroll
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.
Motion carried unanimously
11.c PUBLIC WORKS DEPARTMENT
11.c.1 Professional Services Agreements for On-Call Environmental Planning and Permitting Services Action: Adopted as Resolution No. 2023-78
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
1. Adopt a Resolution awa rding a Professional Services Agreement for On -Call Environmental Planning and Permitting Services to EMC Planning Group; and Motion carried unanimously
5 Action: Adopted as Resolution No. 2023-79
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
2. Adopt a Resolution awarding a Professional Services Agreement for On -Call Environmental Planning and Permitting Services to Rincon Consultants Inc.; and Motion carried unanimously
Action: Adopted as Resolution No. 2023-80
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
3. Adopt a Resolution awarding a Professional Services Agreement for On -Call Environmental Planning and Permitting Services to SWCA Environmental Consultants.
Motion carried unanimously
11.c.2 Infrastructure Asset Data Collection Services
Action: Adopted as Resolution No. 2023-81
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
Adopt a Resolution approving a Professional Services Agreement with NCE to perform Infrastructure Asset Data Collection Services for the Public Works Department.
Motion carried unanimously
11.c.3 Santa Maria Regional Transit Innovative Clean Transit Fleet Zero Emission Transition Plan Action: Adopted as Resolution No. 2023-82
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
Adopt a Resolution approving the implementation of the Santa Maria Regional Transit Innovation Clean Transit Fleet Zero -Emission Transition Plan in compliance with California Air Resource Board mandates.
Motion carried unanimously
11.d RECREATION & PARKS DEPARTMENT
6 11.d.1 Grant Application to the Land and Water Conservation Fund for the Santa Maria Sports Complex
Action: Adopted as Resolution No. 2023-83
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
Adopt a Resolution approving a grant application to the Land and Water Conservation Fund for the Santa Maria Sports Complex Project.
Motion carried unanimously
11.d.2 Annexation and Assessment of Parcels into the City’s Landscape Maintenance Districts Action: Adopted as Resolution No. 2023-84
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
1. Adopt a Resolution annexing and authorizing the assessment of landscape maintenance fees to Starbucks at Home Motors in the Northeast Landscape Maintenance District.
Motion carried unanimously
Action: Adopted as Resolution No. 2023-85
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
2. Adopt a Resolution annexing and authorizing the assessment of landscape maintenance fees to Chavez residential units located in the Northwest Landscape Maintenance District.
Motion carried unanimously
Action: Adopted as Resolution No. 2023-86
Moved by: Councilmember Soto
Seconded by: Councilmember Escobedo
3. Adopt a Resolution annexing and authorizing the assessmen t of landscape maintenance fees to Seaside Packaging Warehouse Project located in the Southwest Landscape Maintenance District.
Motion carried unanimously
12. REGULAR BUSINESS
7 12.a Financial Report for the Third Quarter ending March 31, 2023 Director of F inance Harvey gave a presentation as detailed in the Council Agenda Report on the Third Quarter Financial Report summarizing the City’s financial status for the period ending March 31, 2023, and responded to questions by the City Council. The report was then filed.
Receive and file the Financial Report for the Third Quarter Ending March 31, 2023.
13. REPORT BY CITY MANAGER
City Manager Stilwell reported that the next regular City Council meeting would be held on June 6, 2023. Items on the agenda would include an American Rescue Plan Act update, a General Plan Consistency Report, Air Pollution Control District Grant, and a CoastHills Credit Union Easement.
14. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS) Councilmember Cordero reported that he attended the Santa Maria Elks Student and Citizen of the Year Award Ceremony, Santa Maria Valley State of Educ ation Event, Hope Village Groundbreaking, Miller Wine Ribbon Cutting, Badge Pinning and Promotional Ceremony at Santa Maria Fire Department, and Santa Maria Police Department's Property Crimes Unit Informational Session.
Councilmember Escobedo reported tha t he attended the Santa Maria Elks Student and Citizen of the Year Award Ceremony, Santa Maria Valley Chamber's Hispanic Business Mixer, and Santa Maria Police Department's Property Crimes Unit Informational Session.
Councilmember Aguilera-Hernandez reported that she attended the Ben Heighes Show, National Day of Prayer Event, Meeting with Cal Hospital Association, Santa Maria Valley State of Education Event, and the Badge Pinning and Promotional Ceremony at Santa Maria Fire Department.
Councilmember Soto r eported that she attended the Quarterly Schools Meeting, Cyclemania by Bicicentro, Scholarship Awards Ceremony at the Minerva Club, Hope Village Groundbreaking, Marian Hospital Breakfast with the CEO, Santa Maria Elks Student and Citizen of the Year Award Ceremony, and the Santa Maria Valley State of Education Event.
Mayor Patino reported that she attended the West Coast Kustoms Meeting, Ben Heighes Show, Santa Maria Elks Student and Citizen of the Year Award Ceremony, LAFCO Meeting, National Day of Prayer Event, Downtown Fridays, Liveable CA Teleconference, CA Alliance of Electeds, the Santa Maria Valley State of Education Event, Hope Village Groundbreaking, 3CE Policy Board of Directors Special Meeting, and Santa Maria Police Department's Property Crimes Unit Informational Session.
15. ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned at 6:41 p.m.
_________________________
Rhonda M. White, Chief Deputy City Clerk
8 _________________________
Alice M. Patino, Mayor
FOR THE COUNCIL MEETING OF JUNE 6, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Community Development
SUBJECT: Santa Barbara County Association of Government 2023 Airport Land Use Compatibility Plan
Description:
The City Council will consider the recognition of the 2023 Santa Barbara County Association of Governments ’ Airport Land Use Compatibility Plan for the Santa Maria Airport.
Environmental Notice: The Project was adequately covered in a previously adopted Negative Declaration ( SCH#: 2022110073 ) document by the Santa Barbara County Association of Governments, acting in its capacity as the Airport Land Use Commission for Santa Barbara County , pursuant to California Environmental Quality Act State Guidelines Section 15162.
RECOMMENDATION:
Adopt a Resolution recognizing the Santa Barbara County Association of Governments ’ 2023 Airport Land Use Compatibility Plan.
BACKGROUND:
The Santa Barbara County Association of Governments (SBCAG), acting in its role as the Airport Land Use Commission, approved the Airport Land Use Compatibility Plan (ALUCP) for the Santa Maria Airport on January 19, 2023. The new ALUCP supersedes the existing ALUCP adopted in 1993.
California Government Code §65302 requires that a City must amend the General Plan as necessary to be consistent with the ALUCP within 180 days of ALUCP adoption by SBCAG.
DISCUSSION:
The objective of any ALUCP is to m inimize risks and consequences of aircraft incidents to those on the ground and in the air, minimize the number of people exposed to frequent and high levels of aircraft noise, and in general safeguard the welfare of the public within the vicinity of the airport. To this end, the ALUCP provides land use compatibility policies and criteria for undeveloped lands in proximity to the airport which are applicable to local
2 jurisdiction’s General Plans. General Plans require amendments to address any land use inconsistency or conflict with a current adopted ALUCP.
The City’s current General Plan Land Use Element does not include any direct conflicts with compatibility planning criteria of the ALUCP. Therefore, amendments to the General Plan will consist of replacement of references to the now superseded 1993 ALUCP, and minor adjustments to General Plan graphics such as the airport safety zones and noise contour boundaries. These amendments will be incorporated into the various General Plan elements through the City’s current General Plan update effort. However, the adoption of the new General Plan will not occur in time to comply with the Government Code’s 180-day deadline.
In order to meet the Government Code deadline, the City may instead acknowledge, through resolution, that the 2023 ALUCP is applicable to the City’s General Plan land use decisions, and that any and all information based on the 1993 ALUCP in the current General Plan shall be updated for consistency with 2023 ALUCP through the City’s General Plan update, currently in process.
Alternative
The California Code establishes that if the City Council disagrees with the ALUCP, the City Council may choose to take the steps necessary to overrule all or part of the ALUCP.
To overrule, findings are required, and the action must be approved by a two-thirds vote of the City Council.
Fiscal Considerations
There are no fiscal impacts anticipated from recognizing the 2023 ALUCP.
Impact to the Community
The ALUCP will promote compatibility between the Airport and future development of the surrounding residential and nonresidential land uses and help safeguard the welfare of the public within the vicinity of the Airport.
ATTACHMENTS
Resolution – Recognizing the 2023 ALUCP_2023-06-06.docx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, RECOGNIZING THE SANTA BARBARA
COUNTY ASSOCIATION OF GOVERNMENTS’ 2023 AIRPORT LAND
USE COMPATIBILITY PLAN
WHEREAS, the Santa Barbara County Association of Governments (SBCAG), acting in its role as the Airport Land Use Commission, approved the 2023 Airport Land Use Compatibility Plan (ALUCP) for the Santa Maria Airport at its meeting on January 19, 2023; and
WHEREAS, per the California Public Utilities Code §65302.3, the City must amend the General Plan as necessary to be consistent with the ALUCP within 180 days of ALUCP adoption by SBCAG; and
WHEREAS, the City’s General Plan Land Use designations for the areas within the boundaries of the ALUCP do not pose any direct conflicts with compatibility planning criteria of the ALUCP, and therefore no land use designation amendments are necessary; and
WHEREAS, the necessary amendments to the General Plan for the ALUCP consistency will consist of the removal of references and information from the now superseded 1993 ALUCP and the inclusion of references and information as necessary from the 2023 ALUCP; and
WHEREAS, the Project was adequately covered in a previously adopted Negative Declaration (SCH# 2022110073) document by the Santa Barbara County Association of Governments, acting in its capacity as the Airport Land Use Commission for Santa Barbara County, pursuant to California Environmental Quality Act State Guidelines §15162, and no further environmental review is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Maria, California, that:
SECTION 1. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council recognizes the authority and applicability of the 2023 ALUCP to future development within the ALUCP boundaries , to take effect upon the adoption of this Resolution.
SECTION 3. The City Manager, or designee, is hereby authorized and directed , through the comprehensive update to the General Plan currently in process, to make changes to the General Plan to remove references and information from the prior 1993 ALUCP, and otherwise amend the General Plan to be consistent with the 2023 ALUCP, incorporated herein by reference.
2 SECTION 4. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 6th day of June 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
FOR THE COUNCIL MEETING OF JUNE 6, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Chief of Police
SUBJECT: Military Equipment Use Annual Report 2022-2023
Description:
The City Council will consider approving the Annual Military Equipment Use Report 2022- 2023, including the acquisition of additional equipment.
Environmental Notice: This action is not a project subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guideline Section 15378(b)(5)).
RECOMMENDATION:
Adopt a Resolution approving the Annual Military Equipment Use Report 2022 -2023, including the acquisition of additional equipment and renewing Ordinance No. 2022 -03, adopting a Military Equipment Use Policy in compliance with Assembly Bill 481.
BACKGROUND:
Assembly Bill 481 (AB 481) codified in Government Code Sections 7070 through 7075, requires local law enforcement agencies to adopt a military equipment use policy, which must be approved by their governing body prior to funding, acquiring, or using military equipment. On June 7, 2022, the City Council passed Ordinance No. 2022 -03, adopting a Military Equipment Use Policy.
DISCUSSION:
The Santa Maria Police Department (SMPD) has responsibly purchased and utilized the types of equipment defined within AB 481 in the community for decades without misuse or abuse.
The term "military equipment,” as used in AB 481, does not necessarily indi cate equipment that has been used by the military. Military equipment as defined in AB 481, includes, but is not limited to , unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40 mm projectile launchers, long-range acoustic devices, and flashbangs. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. These tools have been tested in the field and
2 are used by law enforcement agencies to enhance public and officer safety. The loss of these items would jeopardize the welfare of community members and peace officers within the SMPD.
AB 481 requires law enforcement agencies to sub mit to its governing body an annual report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. Staff prepared an Annual Military Equipment Use Report 2022-2023 (Annual Report) (Attachment A) which summarizes information including a description of the purpose of the equipment and how it was used; any complaints received; the results of any internal audits; the cost of the equipment; the quantity possessed; and if the City intends to acquire additional equipment in the next year.
The Annual Report was posted on the City’s website on May 3, 2023. In addition, a community engagement meeting was held on June 5, 2023, wherein the public was invited to discuss and ask questions regarding the Annual Report and the Police Department’s funding, acquisition, or use of military equipment.
The Annual Report concludes the City did not receive any complaints related to its military equipment. I n addition, there were no violations of department policy related to the deployment of military equipment by department personnel. AB 481 also requires the City Council to annually renew its military equipment use policy (Attachment B).
Alternative(s)
This equipment is necessary because no reasonable alternatives can achieve the same officer, civilian, and public safety objectives. Without City Council approval, the Police Department’s ability to respond to critical incidents would be greatly diminished , which would be detrimental to the safety of the public, involved parties, and public safety officers.
Fiscal Considerations
There are no significant financial impacts anticipated with this action. The current or proposed equipment has already been paid for or will be paid for by private donations or approved budgets. The equipment is reasonably cost -effective compared to available alternatives that can achieve the same objective of officer and civilian safety. No additional funding is being sought.
Impact to the Community
Adoption of this Resolution will allow the SMPD to maintain service levels and safeguard the public as well as its public safety officers.
ATTACHMENTS
A: Annual Military Equipment Use Report 2022-2023
B: Military Equipment Use Policy
Santa Maria Police Department Annual Military
Equipment Use Report
June 2022-June 2023
Background
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body (Mayor and City Council) by adopting a military equipment use policy. The Santa Maria Police Department must seek City Council approval of its Military Equipment Use Policy at a regular open meeting before taking certain actions relating to the funding, acquisition, and use of military equipment. Assembly Bill 481 allows the governing b ody to approve the funding, acquisition, and use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The Military Equipment Use Policy is subject to City Council review to decide whethe r the standards outlined in Assembly Bill 481 have been met, based on an Annual Military Equipment Use Report.
Finally, Assembly Bill 481 requires the publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department’s website. a. Assembly Bill 481, California Government Code section 7072 states the following:
i. A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the i mmediately preceding calendar year for each type of military equipment:
(1) A su mmary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
2 (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance , storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
ii. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
In addition to maintaining the highest levels of public safety, the Santa Maria Police Department is co mmitted to transparency, public trust, co mmunity partnerships, and compliance with the law. As such, the Department has authored the following Annual Military Equipment Use Report following annual reporting requirements outlined in California Government Code section 7072.
Introduction
The Santa Maria Police Department possesses and employs a variety of military equipment to assist in safely achieving its mission of enhancing public safety. The variety of equipment is necessary since each tool has a different purpose and capability. Critical incidents are often unpredictable and can rapidly evolve. Possessing the appropriate equipment aids in bringing incidents to a safe resolution.
The use of military equipment is restricted to use during certain situations and only allowed by trained personnel. The Department’s military equipment is continuously evaluated, and its use is influenced by law, policy, and the benefit it provides to public safety.
This Annual Military Equipment Use Report outlines a summary of military equipment use, inventory, fiscal impact, complaints, and reported concerns from the 12-month period from June of 2022 to June of 2023.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
3 1. Unmanned Aircraft System (UAS): An unmanned aircraft and the associated equipment necessary to control it remotely.
a. Current description, quantity, capabilities, and purchase cost i. DJI M avic Mini, cost: $650 each, quantity: 2. Miniature UAS that weighs approximately 249 grams and can record video and audio with about 30 minutes of flight time.
ii. DJI Mavic Enterprise Dual, cost: $5,500 each, quantity: 2. UAS that has a color and infrared (IR) camera as well as an audible speaker and light. Capable of video recording and weighs 899 grams, approx.—30 minutes of flight time.
iii. DJI Mavic Pro, cost: $2000, quantity: 2. UAS that weighs approx.:
1.5 pounds, 25 min flight time , and a single -color camera with recording capabilities.
iv. BRINC Lemur S, cost: $12,000 annually, quantity: 2. UAS has a 31- minute flight time, two -way communications, self-righting, camera, and infrared capability. In addition, this UAS has video recording capabilities.
b. Proposed description, quantity, capabilities, and purchase cost i. DJI M300 with HT20, cost: $30,000 each, quantity: 1. UAS that has 45 minut es of flight time, in all weather, has an IR camera, zoom camera, and light. This UAS has video recording capabilities. ii. Autel Robotics EVO II Dual, cost: $10,500 each, quantity: 2. UAS with 40 minutes of flight time in all weather, has an IR camera, zoom camera, speaker, and spotlight. In addition, this UAS has video recording and broadcasting capabilities.
iii. Autel Robotics EVO Nano cost: $675 each, quantity: 4. Miniature UAS that weighs approximately 249 grams and can record video and audio with about 30 minutes of flight time.
iv. DJI M avic mini , cost: $ 800 each, quantity: 4. Miniature UAS that weighs approximately 249 grams and can record video and audio with about 30 minutes of flight time.
v. Brinc Lemur II, 30,000 each, quantity 2. UAS has about a 30-minute flight time, flight stabilization sensors, a night vision camera, a thermal camera, and 3D mapping capability. This will be an upgrade and replacement for the current Lemur S through a buyback program.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
4 c. Purpose
i. The equipment was deployed when it would assist officers or incident commanders with the following situations, which included:
1. Major collision investigations.
2. Search for missing persons.
3. Natural disaster management.
4. Crime scene photography and measurement.
5. Tactical or other public safety and life preservation missions.
6. In response to specific requests from local, state, or federal fire authorities for fire response and prevention.
d. Authorized use
i. Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions. e. Expected life span
i. All UAS equipment, 3-5 years.
f. Fiscal impact
i. The annual program maintenance, training, and replacement cost is approximately $15,000.
g. Financial account
i. General Fund/ Police Council Donations
h. Training
i. The Federal Aviation Administration licenses all Department UAS operators for UAS operation. In addition, each operator must attend initial department and ongoing training.
i. Legal and procedural rules
i. Use is established by FAA Regulation 14 CFR Part 107 and the Santa Maria Police Department UAS policy. It is the policy of the SMPD to utilize UAS only for official law enforcement purposes and in a manner that respects the privacy of our community under State and Federal law.
j. Complaints
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
5 i. There were no complaints associated with this category of equipment.
k. Internal audit
i. The Department conducted an internal audit and determined there were no violations of the Military Equipment Use Policy with this category of equipment.
2. Armored Vehicles: Commercially produced wheeled armored rescue personnel vehicles utilized for civilian law enforcement purposes. a. Current description, quantity, capabilities, and purchase cost i. 2015 Lenco Bearcat, G2, cost: $243,300.00, quantity: 1. The Lenco Bearcat, G2, is an armored rescue vehicle (ARV) seats 10 -12 personnel with an open floor plan that allows for the rescue of injured personnel. It can stop various projectiles, which pro vides greater safety to citizens and officers beyond the protection level of shield and personal body armor.
ii. 2019 Lenco Bearcat, G2, cost: $291,646.00, quantity: 1. The Lenco Bearcat, G2, is an armored rescue vehicle with seats for 10 -12 personnel with an open floor plan that allows for the rescue of injured personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. This vehicle has a boom device capabl e of deploying chemical munitions and a camera for live feeds. b. Proposed description, quantity, capabilities, and purchase cost i. Nothing has been proposed for this year.
c. Purpose
i. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
d. Authorized use
i. Armored rescue vehicles shall only be authorized by a watch commander, SWAT co mmander, or their designee based on the specific circumstances of a critical incident. ARVs shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
6 e. Expected life span
i. Lenco Bearcat models G2 and G3, 25 years.
f. Fiscal impact
i. Annual maintenance costs of approximately $3,000 each. g. Financial account
i. General Fund, Police Council, community grant.
h. Training
i. All drivers/operators shall attend internal training in the operations and practical driving of the vehicles.
i. Legal and procedural rules
i. Use is established under Department policy. It is the policy of the Department to utilize armored rescue vehicles only for official law enforcement purposes and under State and Federal law. To drive these vehicles, operators must have a valid California State Class C license.
j. Complaints
i. There were no complaints associated with this category of equipment.
k. Internal audit
i. The Department conducted an internal audit and determined there were no violations of the Military Equipment Use Policy with this category of equipment.
3. Mobile Incident Command Vehicle (MIC): A mobile office vehicle that provides shelter, access to Department computer/co mmunication systems, and areas to plan/coordinate.
a. Current description, quantity, capabilities, and purchase cost i. 2009 Chevrolet C5500 chassis vehicle, cost: $200,000.00, quantity:
1. The MIC can also be utilized for SWAT/CNT and other critical incidents, preplanned significant events, searching for missing persons, natural disasters, and community events.
b. Proposed description, quantity, capabilities, and purchase cost
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
7 i. Nothing new is proposed for 2023.
c. Purpose
i. To be used based on the specific circumstances of a given critical incident, significant event, natural disaster, or co mmunity event that is taking place.
d. Authorized use
i. Only officers trained in the deployment and operations of the MIC in a manner consistent with Department policy and training are authorized to operate it. In addition, operators must have a valid California State Class C license to drive the MIC. Situations that the MIC is approved for use include but are not limited to critical incidents, emergencies, and natural disasters.
e. Expected life span
i. The MIC’s lifespan is estimated to be 20 years. Upgrades to technology inside the MIC will be required only when the department upgrades IT-related items.
f. Fiscal impact
i. The maintenance cost is approximately $3,000.
g. Financial account
i. General fund.
h. Training
i. The driver/operator shall receive training in safely handling the vehicle.
i. Legal and procedural rules
i. It is the policy of the Department to use the MIC only for official law enforcement purposes and in accordance with California State law regarding the operation of motor vehicles.
j. Complaints
i. There were no complaints associated with this category of equipment.
k. Internal audit
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
8 i. The Department conducted an internal audit and determined there were no violations of the Military Equipment Use Policy with this category of equipment.
4. Community Event Vehicle, High-Mobility Multi-Wheeled Vehicle (H MMWV):
This HMMWV is a former military vehicle used for co mmunity events and public relations. All military markings and colors have been removed. a. Current description, quantity, capabilities, and purchase cost i. 1987 American General HMMWV, a four-wheeled drive vehicle, cost:
$0, quantity: 1. This vehicle is a High-Mobility Multi-Wheeled Vehicle (HMMWV) acquired by the SMPD through the federal military equipment acquisition program. It was acquired at no cost to the department. The HMMWV is designed to be operated through rough terrain and harsh weather conditions.
b. Proposed description, quantity, capabilities, and purchase cost i. Nothing new is proposed for 2023.
c. Purpose
i. This vehicle’s primary purpose is for use during co mmunity and public relations events. It is meant to enhance the relationship between the community and members of this department by creating interest or attention, thereby leading to a conversation with the community.
d. Authorized use
i. Only trained staff can operate this vehicle by department policy and local, state, and federal laws.
e. Expected life span
i. Undetermined; however, these vehicles are designed to withstand harsh conditions, which should extend their service life. f. Fiscal impact
i. The annual maintenance cost is approximately $1,000. g. Financial account
i. General Fund.
h. Training
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
9 i. The driver/operator shall receive training in safely handling the vehicle.
i. Legal and procedural rules
i. It is the policy of the Department to use the HMMWV only for official law enforcement purposes and in accordance with California State law regarding the operation of motor vehicles.
j. Complaints
i. There were no complaints associated with this category of equipment.
k. Internal audit:
i. The Department conducted an internal audit and determined there were no violations of the Military Equipment Use Policy with this category of equipment.
5. 40mm Launchers and Rounds : 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds and chemical munitions. a. Current inventory description, quantity, capabilities, and purchase cost i. Defense Technology, 40 mm, Single Shot, #1425, cost: $1000, quantity: 9. The launcher is a tactical single shot launcher that features an expandable ROGERS Super Stoc™ and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40 mm less lethal a mmunition, up to 4.8 inches in cartridge length. In addition, it will launch a 40mm less lethal round up to 131 feet and is only authorized to be used by trained personnel.
ii. Penn Arms, 40mm multi launcher, model #P540-1, cost: $3300, quantity: 1. A less lethal 40mm pump-action advance magazine drum launcher with a fixed stock and combo rail. It has a six-shot capacity and rifled barrel, designed t o fire 40 mm chemical and impact (less lethal) munitions. Only SWAT personnel are authorized to use this less lethal weapon system.
iii. Heckler and Koch, 40mm Single shot launcher, model #69A-1, cost:
$500 (estimate), quantity: 1. The 40 mm single launcher is a tactical single-shot launcher that features an expandable stock. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40mm less lethal round and is only authorized to be used by trained personnel only.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
10 iv. Munition: Defense Technology, 40mm Exact Impact Sponge, #6325, cost: $20, quantity: 160. A less lethal 40 mm lightweight plastic and foam projectile fired from a single or multi-round purpose-built 40mm canister launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40 mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.
v. Munition: Defense Technology , 4 0mm Extended Range Exact Impact Sponge, #6325LE, cost: $20, quantity: 30. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi - round purpose-built 40mm canister launcher with a rifled barrel. The 40mm extended range exact impact sponge round provides accurate and effective performance when fired from the approved distance of not less than 10 to 70 meters from the target.
vi. Munition: Defense Technology , 40 mm Direct Impact OC, #6320, cost: $30, quantity: 40. A less lethal 40 mm lightweight plastic and crushable foam projectile fired from a single or multi-round purpose- built 40mm canister launcher with a rifled barrel at 295 FPS. The 39- gram crushable foam pro jectile delivers 120 ft/lbs. of energy upon impact in addition to 5 grams of OC irritant dispersion. The 40 mm Direct Impact OC Round provides accurate and effective
performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
vii. Munition: Defense Technology 40mm Direct Impact CS, #6322, cost:
$30, quantity: 40. A less lethal 40 mm lightweight plastic and crushable foam projectile fired from a single or multi-round purpose- built 40mm canister launcher with a rifled barrel at 295 FPS. The 39- gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to the dispersion of 5 grams of CS irritant. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
viii. Munition: Defense Technology 40 mm ferret OC Liquid Barricade Penetrator round, #2260, cost: $23, quantity: 20. A less lethal 40mm round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside a structure or vehicle. In a tactical deployment situation, the 40 mm ferret is primarily used to dislodge barricaded
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
11 subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and incapacitation of potentially violent or dangerous subjects. ix. Munition: D efense Technology 40 mm, ferret, 40mm CS Liquid Barricade Penetrator round , #2262, cost: $23, quantity: 20. A less lethal 40 mm round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside a structure or vehicle. In a tactical deployment situation, the 40 mm ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and incapacitation of potentially violent or dangerous subjects.
x. Munition: Defense Technology 40 mm SPEDE-HEAT, long-range, CS, #6182, cost: $30, quantity: 10. The SPEDE -HEAT CS long- range munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede -Heat is a pyrotechnic round designed specifically for outdoor use in crowd - control situations. It has a high -volume continuous burn that e xpels its payload from a single source in approximately 20 -40 seconds.
The Spede-Heat family may be used to conceal tactical movement or to route a crowd.
xi. Munition: Defense Technology 40 mm, SPEDE -HEAT, long-range round, SAF SMOKE, #6183, cost: $27, quantity: 10. The Spede-Heat Saf-Smoke long-range munitions is designed to deliver one chemical canister of Saf-Smoke™ payload down range up to 150 yards. The Spede-Heat is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede -Heat 40mm is designed for outdoor and has a maximum effective range of 150 yards.
xii. Munition: Defense Technology 40mm, Muzzle Blast round, with OC, #6040, cost: $28, quantity: 10. The 40 mm Muzzle Blast OC round is widely used as a crowd management tool for the i mmediate and close deployment of chemical agent. It can also be employed in tactical operations such as barricaded subjects for area denial, area contamination, and a means of contaminating crawl spaces and attics. As a pain compliance round, it is an excellent device for deploying chemical-laden OC powder at close ranges for indoor or
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
12 outdoor operations. It has a maximum effective range of 30 feet /9.1 meters.
xiii. Munition: Defense Technology 40 mm, OC powder Barricade Penetrator ferret round, #2290, cost: $21, quantity: 150. A less lethal 40mm round penetrates barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside a structure or vehicle. In a tactical deployment situation, the 40 mm ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and incapacitation of potentially violent or dangerous subjects. xiv. Munition: Defense Technology 40 mm, CS powder Barricade Penetrator round, #2292, cost: $22, quantity: 100. A less lethal 40mm round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside a structure or vehicle. In a tactical deployment situation, the 40 mm ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and incapacitation of potentially violent or dangerous subjects. b. Proposed description, quantity, capabilities, and cost for less-lethal weapon i. Launcher: Defense Technology, 40mm, single shot launcher, #1425, cost: $1000, quantity: 5. The 40 mm Single Launcher is a tactical single shot launcher that features an expandable R ogers Super Stoc™ and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40 mm less lethal a mmunition, up to 4.8 inches in cartridge length. Additionally, it will launch a 40mm less lethal round up to 131 feet and is only authorized to be used by SWAT personnel. c. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
d. Authorized use
i. Situations for the use of the less lethal weapon systems may include, but are not limited to:
1. Self-destructive, dangerous and combative individuals.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
13 2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
6. Training
ii. Sworn members utilizing 40mm less lethal chemical agents or impact rounds are trained by POST-certified less lethal and chemical agent instructors.
e. Expected life span
i. 40 mm Launching Systems, 25 years.
ii. All impact sponge rounds - 5 years
iii. All chemical agent rounds - 5 years
f. Fiscal impact
i. Annual maintenance is approximately $50 for each launcher. g. Financial account
i. General Fund
h. Training
i. All officers are trained in the 40mm less lethal launcher as a less lethal option through in -service training. Additionally, SWAT personnel receive additional training internally when they transfer to the unit. i. Legal and procedural rules
i. Use is established under Department policy. It is the policy of the SMPD to utilize the 40mm only for official law enforcement purposes and under State and Federal law, including those regarding the use of force.
j. Complaints
i. There were no complaints associated with this category of equipment.
k. Internal audit:
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
14 i. The Department conducted an internal audit and determined there were no violations of the Military Equipment Use Policy with this category of equipment.
6. Less Lethal Shotgun : Less Lethal Shotgun deploys the less lethal 12 -gauge Super-Sock Beanbag Round.
a. Current description, quantity, capabilities, and purchase cost i. Weapon: Remington 870 less lethal shotgun, cost: $ 650, quantity:
18. The Remington 870 less lethal shotgun is used to deploy the less lethal 12 -gauge Super -Sock Beanbag round up to 75 feet. The weapon system's range helps maintain space between officers and a suspect, reducing the threat's i mmediacy, which is a principle of de-escalation.
ii. Munition: Defense Technology drag stabilized 12-GA. Beanbag round, model #3027, cost: $6, quantity: 500. The Drag Stabilized™ 12-Gauge round is a translucent 12 -Gauge shell loaded with a 40 - Gram tear-shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and uses smokeless powder as the propellant. This round has a velocity of 270 fps with a maximum effective range of 75 feet. b. Proposed description, quantity, capabilities, and purchase cost iii. Nothing new is proposed for 2023.
c. Purpose
(1) To limit the escalation of the conflict (de-escalation), where employment of lethal force is prohibited or undesirable. d. Authorized use
(1) Situations for the use of the less lethal weapon systems may include, but are not limited to:
A. Self-destructive, dangerous, and combative individuals.
B. Riot/crowd control and civil unrest incidents.
C. Circumstances where a tactical advantage can be obtained.
D. Potentially vicious animals.
E. Training exercises or approved demonstrations.
e. Expected life span
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
15 (1) Remington 870 Less Lethal Shotgun- 25 years.
(2) Bean Bag Round- Until used.
f. Fiscal impact
(1) The annual cost is approximately $50 for each shotgun. g. Financial account
(1) General fund
h. Training
(1) All officers are trained in the 12-gauge less lethal shotgun as a less lethal option through in -service training. Additionally, SWAT personnel receive additional train ing internally when they transfer to the unit.
i. Legal and procedural rules
(2) Use is established under SMPD department policy. It is the policy of the SMPD to utilize the less lethal shotgun only for official law enforcement purposes and under State and Federal law, including those regarding the use of force.
j. Complaints
i. There were no complaints associated with this category of equipment.
k. Internal audit:
i. The Department conducted an internal audit and
determined there were no violations of the Military
Equipment Use Policy with this category of equipment.
7. Distraction Devices: A device used to distract dangerous persons. a. Current description, quantity, capabilities, and purchase cost of allocations
ii. Defense Technologies , model #8933 low roll distraction device, cost: $60, quantity: 15. A reloadable body, non - bursting, non-fragmenting multi-bang device that produces a thunderous bang with intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
16 iii. Defense Technology , distraction device 12-gram reload, cost: $35, quantity: 40. A reloadable, non -bursting, non - fragmenting multi-bang device that produces a thunderous bang with intense bright light. Ideal for dist racting dangerous suspects during assaults, hostage rescue, room entry, or other high-risk arrest situations.
b. Proposed description, quantity, capabilities, and purchase cost i. Combined Tactical Systems (CTS), 7290-7 flash-bang, cost $169, quantity: 20. A no n-bursting, non -fragmenting multi - bang device that produces a thunderous bang with intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high -risk arrest situations.
c. Purpose
i. A distraction d evice is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry, or other high -risk arrests. Also, to produce atmospheric
pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/ psychological, sensory deprivation to give officers a tactical advantage. d. Authorized use
i. Diversionary Devices shall only be used:
1. By officers who have been trained in their proper use.
2. In hostage and barricaded subject situations.
3. In high -risk warrant (search/arrest) services where there may be extreme hazards to officers.
4. During other high -risk situations where their use
would enhance officer safety.
5. During training exercises.
e. Expected life span
i. Until used.
f. Fiscal impact
i. No annual maintenance.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
17 g. Financial account
i. General fund
h. Training
i. Before use, officers must attend diversionary device training conducted by POST certified instructors.
i. Legal and procedural rules
i. Use is established under department policy. It is the poli cy of the SMPD to utilize diversion devices only for official law enforcement purposes and under State and Federal law
regarding the use of force.
j. Complaints
i. There were no complaints associated with this category of equipment.
k. Internal audit:
i. The Depa rtment conducted an internal audit and
determined there were no violations of the Military
Equipment Use Policy with this category of equipment.
8. Rifles: Firearms that are fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
a. Current description, quantity, capabilities, and purchase cost i. Colt M4 carbine, semi-automatic .223 CAL / 5.56 mm RIFLE, cost:
$1100, quantity: 112. A semi-automatic AR-15-style rifle that fires an intermediate power cartridge (.223/5.56). 92 rifles have 14.5 -inch barrels used by patrol and 20 11.5 -inch barrels used by SWAT personnel.
ii. Colt Commando, semi-automatic .223 / 5.56mm RIFLE, cost: $900, quantity: 9. A semi -automatic AR -15 style rifle that fires an intermediate power cartridge (.223/5.56). with a shortened barrel and expandable stock used by motor officers. The size modifications allow the rifle to be secured to the officers’ motorcycle. iii. Heckler and Koch, 416 rifle, 223 / 5.56mm, cost: $2200, quantity: 5.
This rifle uses a proprietary HK short -stroke gas piston in place of the direct-gas-impingement system found on lesser AR15-style rifles
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
18 that propels exhaust gas into the upper receiver to operate the action to improve reliability and reduce maintenance significantly. iv. Heckler and Koch , MP5A3, 9mm, submachinegun, cost: $2000, quantity: 12. This weapon is used by SWAT team members. The y are lightweight, air-cooled, selective fire, 9mm sub-machine guns. v. Remington 700 .308 caliber bolt -action rifle. Equipped with a telescopic sight , cost: $2350, quantity: 8. SWAT uses this rifle for long-range engagements and overwatch protection. The attached scope is for increased visual recognition, threat identification, and accuracy.
vi. Ammunition: Winchester .308 caliber, 168 grain, Match King boat tail hollow point , cost: $963 per case of 1000, quantity: 5400. This ammunition is used by the SWAT long rifle team when firing their Remington 700 .308 rifles.
vii. Ammunition: Remington .223 caliber, 55 grain, Frangible SF Lead - Free, cost: $671 per case of 1000, quantity: 7200. This a mmunition is designed for training purposes when shooting a metal target and within training shoot houses.
viii. Ammunition: Remington .223 caliber, 55 grain, Pointed Soft Point, cost: $574 per case of 1000, quantity: 44,000. This is duty ammunition issued to officers with .223 caliber rifles. ix. Ammunition: Remington .223 caliber, 69 grain, Hollow Point, Boat Tail ammunition, cost: $847 per case of 1000, quantity: 5,000. This ammunition is issued to officers for use in their assigned .223 caliber rifles.
x. Ammunition: Remington .223 caliber Match, 69 grain, Hollow Point, Boat Tail ammunition, cost: $847 per case of 1000, quantity: 2,600.
SWAT long rifle team members use this ammunition for its accuracy. xi. Ammunition: Winchester .223 caliber / 5.56 mm, 55 grain, full metal jacket ammunition, cost: $388 per case of 1000, quantity: 75,000. All officers and SWAT team members use this a mmunition for rifle training and qualifications.
xii. Ammunition: Luger 9mm, 147 grain, T-Series ammunition, cost: $169 per case of 500, quantity: 24,000. This is duty ammunition issued to those that carry the HK MP5.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
19 xiii. Ammunition: Luger 9 mm, 115 grain, jacketed hollow point ammunition, cost: $179 per case of 500, quantity: 5,000. This is duty ammunition issued to those that carry the HK MP5.
xiv. Ammunition: Luger 9 mm, 124 grain, full metal jacket a mmunition, cost: $223 per case of 500, quantity: 60,000. This a mmunition is used for training purposes.
b. Proposed description, quantity, capabilities, and purchase cost i. Nothing new is proposed for 2023.
c. Purpose
i. Rifles are used as precision weapons to address a threat with more precision and greater distances than a handgun.
d. Authorized use
i. Only members that are POST certified may use a rifle or submachine gun.
e. Expected life span
i. Remington .308 rifle- 10-15 years.
ii. Colt .223 caliber / 5.56 mm rifles 10-15, years.
iii. All ammunition – Until used.
f. Fiscal impact
i. Annual maintenance is approximately $50 for each rifle and accessories.
g. Financial account
i. General fund.
h. Training
i. Before using a rifle, officers must be certified by POST instructors in the rifle’s operation. Additionally, all members must qualify four times per year with their assigned rifle.
i. Legal and procedural rules
i. Use is established under department policy. It is the policy of the SMPD to utilize rifles only for official law enforcement purposes and under State and Federal law regarding the use of force.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
20 j. Complaints
i. There were no complaints associated with this ca tegory of equipment.
k. Internal audit:
i. The Department conducted an internal audit and determined there were no violations of the Military Equipment Use Policy with this category of equipment.
9. Chemical Agents and Smoke Canisters: Canisters containing chemical agents are released when deployed.
a. Current description, quantity, capabilities, and purchase cost i. Chemical Agent : Defense Technology, Triple chaser separating canister, CS, #1026, cost: $50, quantity: 10. The Triple -Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart, allowing increased area cover age quickly. This canister can be hand thrown or launched from a fired delivery system. The canister is 6.5 by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.
ii. Chemical Agent Defense Tec hnology, Riot Control Continuous Discharge canister , CS, #1082, cost: $28, quantity: 40. The Riot Control CS Canister is explicitly designed for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approxima tely 20 -40 seconds through four gas ports located on the top of the canister. This canister can conceal tactical movement or direct a crowd’s route. The volume of smoke and agent is vast and obtrusive. This launchable canister is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of the active agent.
iii. Chemical agent : Defense Technology, Flameless Tri chamber Canister, #1032, cost $39, quantity: 50. The design of the Tri - Chamber Flameless CS Canister allows the contents to burn within an internal can and dis perse the agent safely with reduced risk of fire. The canister is designed primarily for indoor tactical situations to detect and dislodge a barricaded subject. This canister will deliver approximately .70 oz. of agent during its 20 -25 seconds burn time.
The Tri-Chamber Flameless Canister can be used in crowd control and tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
21 applications in tactical situations are primarily to detect and dislodge barricaded subjects. The purpose of the Tri -Chamber Flameless Canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Canister provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.
iv. Chemical Agent: Defense Technology, Fl ameless Tri-Chamber OC canister, #1030, cost $46, quantity: 40. The design of the Tri - Chamber Flameless OC Canister allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The canister is designed primarily for indoor tactical situations to detect and dislodge a barricaded subject. This canister will deliver approximately .70 oz. of agent during its 20 -25 seconds burn time.
The Tri-Chamber Flameless Canister can be used in crowd control and tactical deploy ment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and dislodge barricaded subjects. The purpose of the Tri -Chamber Flameless Canister is to minimize the risks to all parties through pain compliance, temporary discomfort, and incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Canister provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.
v. Chemical Agent : Defense Technology, Flameless Expulsion OC canister, #2040, cost: $48, quantity: 20. The OC Flameless Expulsion Canister is a compact, non -pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside a residence. Unlike pyrotechnical canisters, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This canister is 7.5 by 1.65 in. and delivers about .02 oz. of active agent during its 3 -second discharge time.
vi. Chemical Agent: Defense Technology, Flameless Expulsion CS canister, #2042, cost: $46, quantity: 20. The CS Flameless Expulsion Canister is a compact, non -pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside a
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
22 residence. Unlike pyrotechnical canisters, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This canister is 7.5 by 1.65 in. and delivers about .02 oz. of active agent during its 3 -second discharge time.
vii. Smoke: Defense Technology, Maximum HC smoke canister, #1073, cost: $38, quantity: 30. The Maximum Smoke Canister is designed for outdoor use in crowd control situations with a high -volume continuous burn that expels its payload in approximately 1.5 – 2 minutes through four vent ports located on the top of the canister.
This canister can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable canister is 6.0 in. by 2.6 in. and holds approximately 2.9 oz. of the active agent.
viii. Chemical Agent : Defense Technology, SPEDE heat continuous discharge canister- CS, #1072, cost: $32, quantity: 15. The Spede - Heat™ CS Canister is a high volume, continuous burn it expels its payload in approximately 20 -40 seconds. The load i s discharged through four vent ports on top of the canister, three on the side and one on the bottom. This launchable canister is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of the active agent.
ix. Chemical Agent: Defense Technology, Pocket Tactical CS canister, #1016, cost: $25, quantity: 5. The Pocket Tactical CS Canister is small and lightweight. The 0.9 oz. of active agent will burn for approximately 20-40 seconds. It easily fits in most tactical pouches at 4.7 5 in. by 1.4 inches in size. This is a launchable canister; however, it is usually used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen ma de by a full- size tactical canister.
x. Chemical Agent : Defense Technology Riot Control Continuous discharge canister, #1080, cost $40, quantity: 30. The Riot Control OC Canister is designed for outdoor use in crowd control situations with a high -volume conti nuous burn that expels its payload in approximately 20-40 seconds through four vent ports located on the top of the canister. This canister can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable canister is 6.0 in. by 2.35 in. and holds approximately 0.88 oz. of the active agent.
xi. Chemical agent: Defense Technology, OC Triple-Chaser Separating canister, #1020, cost: $60, quantity: 10. The OC Triple -Chaser Pyrotechnic Canister is one of our first -ever pyrotechnic canisters
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
23 that combines the effectiveness of Oleoresin Capsicum (OC) as an irritant and infla mmatory agent with the flexible delivery methods, range, and area coverage of pyrotechnic munitions for crowd control.
The Triple-Chaser OC consists of three separate canisters pressed together. This canister can be hand thrown or launched from a delivery system. The canister is 6.5 by 2.7 in. and holds approximately 1.06 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.
xii. Chemical Agent: Defense Technology, OC Vapor Aerosol canister, #1056, cost: $48, quantity: 30. The Defense Technology OC Vapor Aerosol Canister is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum ( OC) in a powerful mist. The canister is designed for indoor use in confined areas and inflames the mucous membranes and exposed skin once deployed, resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic, with minimal decontamination needed. Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Canister is ideal for cell extractions or barricades where pyrotechnic, powder, or liqu id devices are impractical or desired.
xiii. Chemical Agent : Defense Technology , OC/CS A erosol canister , #1050, cost: $57, quantity: 30. Designed for indoor use, this canister contains no CFCs, is not a fire hazard and requires minimal decontamination by comparison to smoke, powders, or liquids. The Aerosol Canister is most used in tactical situations by Law Enforcement and Corrections and was designed with indoor operations in mind when a non -fire-producing delivery system is desired. It is most effective when u sed in confined areas near the target area and used to minimize the risks to all parties through pain compliance, temporary discomfort, and incapacitation of potentially violent or dangerous subjects. The Aerosol Canister is ideal for cell extractions or b arricades where pyrotechnic, powder, or liquid devices are impractical or desired. The OC and CS combination provides sufficient effects in confined areas of 1,500 square feet xiv. Chemical Agent : D efense Technology, OC Aerosol canister 1.3% fogger, 6 ounce, #5 6854, cost: $19, quantity: 20. The 6 oz. OC Aerosol Canister will deliver its 1.3% MC% OC payload in 20 -25 seconds. This is an anatomized mist that enhances the pungent
1.3% OC formulation. Ideal for area denial areas like attics, garages, etc. This device has minimum clean -up. The canister may also be
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
24 handheld to direct the spray pattern. This product is designed to provide room-clearing ability with minimum clean-up requirements. xv. Chemical agent : Defense Technology, First Defense 0.7% MK -9S Vapor OC Aerosol, #43896, cost: $56, quantity: 5. The MK-9 features an easy -to-use trigger handle, is intended for use in crowd management and will deliver 14 short bursts of OC at an effective range of 18-20 ft. This 1.3% MC OC aerosol product utilizes a stream delivery method providing a target -specific, strong concentrated stream for greater standoff.
xvi. Chemical Agent : Defense Technology, First Defense 1.3% MK -9 fogger OC aerosol, #43953, cost: $56, quantity: 30 . The MK -9 features an easy-to-use trigger handle, is intended for use in crowd management and will deliver 14 short bursts of OC at an effective range of 18-20 ft. This 1.3% MC OC aerosol product utilizes a cone or fogger delivery method, providing a wide spray pattern for easier area saturation.
xvii. Chemical Agent: Fox Labs Fogger OC aerosol, cost: $60, quantity:
35. Contains 50+ one -second bursts. Heavy fog range is 20+ feet.
The discharge handle has a safety pin to avoid accidental discharge.
It Contains m arking UV Dye for assailant identification. Non - flammable - TASER/ECD compatible Born-on-date stamped on each container, 3-year shelf life.
b. Proposed description, quantity, capabilities, and purchase cost i. Nothing new is proposed for 2023.
c. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less lethal weapon systems may include, but are not limited to:
1. Dangerous and combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Authorized use
i. Officers with POST certification in chemical agents are authorized to use chemical agents.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
25 e. Training
i. Sworn members utilizing chemical agent canisters are trained by POST less lethal and chemical agent instructors.
f. Expected life span
i. Five years from the manufacturing date.
g. Fiscal Impact
i. No annual maintenance.
h. Financial account
i. General fund
i. Legal and procedural rules
i. Use is established under the SMPD department policy. It is the policy of the SMPD to utilize chemical agents only for official law enforcement purposes and under State and Federal law, including those regarding the use of force.
j. Complaints
i. There were no complaints associated with this category of equipment.
k. Internal audit:
i. The Department conducted an internal audit and determined there were no violations of the Military Equipment Use Policy with this category of equipment.
10. PepperBall Launcher: A device that discharges irritant projectiles. a. Description, quantity, capabilities, and purchase cost i. Delivery system: PepperBall VKS carbine, cost: $1000, quantity: 1.
The Variable Kinetic System (VKS) is a compressed -air powered launcher designed to fire non -lethal PepperBall projectiles. The PepperBall VKS Carbine features a Dual Feed System that can quickly switch between Hopper and Magazine modes for optimum versatility.
ii. Delivery system: PepperBall FTC launcher, cost: $400, Quantity 5.
The Full Tactical Carbine (FTC) is a compressed -air powered launcher designed to fire non -lethal PepperBall projectiles. In
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
26 addition, the PepperBall FTC features a Hopper Fed System that can hold up to 180 non-lethal PepperBall projectiles.
iii. Delivery system : PepperBall TCP, cost: $500, Quantity 1. The Tactical Compact Pistol (TCP) is a CO2 launcher designed to fire non-lethal PepperBall projectiles. The PepperBall TCP features a Magazine Fed System that contains small CO2 canisters inside that assist in delivering the PepperBall Projectiles in a compact design.
Each magazine can hold six non-lethal PepperBall projectiles. iv. Munition: PepperBall Live projectile, cost: $2 per projectile, quantity:
900. The basic PepperBall projectile contains 2% PAVA pepper powder designed for direct impact and area saturation, especially in confined interior spaces. The projectile is discharged from a PepperBall Launcher and has a 280-350 FPS velocity. The projectile has a direct impact of 60ft and an area of saturation of 150+ ft. The projectile contains 0.5% PAVA Powder.
v. Munition: PepperBall LIVE -X projectile, cost: $3 per projectile, quantity: 800. The Live projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent of 10 PepperBall rounds. The projectile is discharged from a PepperBall Launcher and has a 280-350 FPS velocity. The projectile has a direct impact of 60ft and a n area of saturation of 150+ ft. The projectile contains 5% PAVA Powder.
vi. Munition: PepperBall VXR LIVE -X projectile, cost: $3 per projectile, quantity: 50. The VXR Live -X projectile is a non -lethal round. The projectile contains approximately 10x the PAVA of the VXR LIVE projectile. This projectile is best for direct impact or area saturation.
The projectile is discharged from a PepperBall Launcher and has a 280-425 FPS velocity. The projectile has a direct impact of 150ft and an area of saturation of 390+ ft. The projectile contains 2.5% PAVA powder.
vii. Munition: PepperBall Marking projectile (round), cost $1 per projectile, Quantity: 90. The Marking projectile contains a paint solution that can be used to mark suspects for later apprehension and marking door s, openings, or objects for identification. The projectile is discharged from a PepperBall Launcher and has a 280 - 350 FPS velocity. The projectile directly impacts 60ft and has an area saturation of 150+ ft.
viii. Munition: PepperBall glass breaking (round), cost $3 per projectile, Quantity: 100. A solid polymer projectile used for breaking out residential windows and side -glass of automobiles. Not for use on
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
27 humans or animals. The projectile is discharged from a PepperBall Launcher and has a 280-350 FPS velocity.
ix. Munition: PepperBall VXR LIVE projectile (shaped) cost $3 per projectile, Quantity: 50. The VXR Live projectile is a non -lethal round. Excellent for direct impact or area saturation. The projectile is discharged from a PepperBall Launcher a nd has a 280 -425 FPS velocity. The capsule has a direct impact of 150ft and an area saturation of 390+ ft. The capsule contains 0.25% PAVA Powder. x. Munition: PepperBall VXR marking projectile (shaped), cost $3 per projectile, Quantity: 50. The Marking Proj ectile contains a paint solution that can be used to mark suspects for later apprehension and marking doors, openings, or objects for identification. Excellent for direct impact or area saturation. The projectile is discharged from a PepperBall Launcher an d has a 280 -425 FPS velocity. The projectile has a direct impact of 150ft and an area saturation of 390+ ft.
b. Proposed description, quantity, capabilities, and purchase cost:
i. Nothing new is proposed for 2023.
c. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less lethal weapon systems may include but are not limited to:
1. Dangerous and combative individuals.
2. Riot/crowd control and civil unrest incidents.
3. Circumstances where a tactical advantage can be obtained.
4. Potentially vicious animals.
5. Training exercises or approved demonstrations.
d. Authorized use
i. Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. e. Training
i. Officers utilizing PepperBall launchers and projectiles are trained in their use by a POST-certified less lethal and chemical agents instructors.
f. Expected life span
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
28 i. PepperBall launchers- 20 years
ii. PepperBall Live projectile- 3 years
iii. PepperBall Live-X projectile- 3 years
iv. PepperBall VXR Live-X projectile- 3 years
v. Glass Break projectiles – until used.
g. Fiscal impact
i. Annual maintenance is approximately $50 for each PepperBall launcher.
h. Financial account
i. Police department budget.
i. Legal and procedural rules
i. Use is established under SMPD department policy. It is the policy of the SMPD to utilize PepperBall only for official law enforcement purposes and under State and Federal law, including those regarding the use of force.
j. Complaints
i. There were no complaints associated with this category of equipment.
k. Internal audit:
i. The Department conducted an internal audit and determined there were no violations of the Military Equipment Use Policy with this category of equipment.
11. Robots: A remotely controlled unmanned machine that operates on the ground to enhance the safety of the community and officers.
a. Current description, quantity, capabilities, and purchase cost i. Transend Vantage Robot, cost: $24,950.00 each, quantity: 1. The Vantage robot is a patrol / tactical robot capable of climbing over stairs and obstacles. It also offers audio and video data, night vision capabilities, add -on accessory capabilities, includ ing an arm and manipulator, and a chemical agent burn-safe delivery system. b. Proposed, description, quantity, capabilities, and cost of allocations i. Nothing new is proposed for 2023.
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
29 c. Purpose
i. To be used to remotely gain visual/audio data (to include nigh t vision), deliver HNT phone, first aid supplies, open doors, direct delivery of chemical agents, drag victims to safety, move fire suppression equipment into place, and clear buildings.
d. Authorized use
i. Only assigned operators who have completed the required training shall be permitted to operate the robots. The Incident Co mmander establishes specific operational use.
e. Expected life span
i. 8-10 years.
f. Fiscal impact
i. The annual maintenance cost is approximately $1,000. g. Financial account
Grant funding from the Santa Maria Police Council.
h. Training
i. All robot operators must receive training in the operation of the robot before use and about twenty hours per year.
i. Legal and procedural rules
i. It is the policy of the SMPD to utilize robots only for official law enforcement purposes and in a manner that respects the privacy of our community under State and Federal law.
j. Complaints
i. There have been no complaints associated with this category of equipment.
k. Internal audit:
i. The Department conducted an internal audit and determined there were no violations of the Military Equipment Use Policy with this category of equipment.
Summary of Military Equipment
The inventory of military equipment, particularly consumable material (diversionary devices, various munition s, chemical agents and smoke canisters, etc.), fluctuates
Santa Maria Police Department
Annual Military Equipment Use Report
June 2022 – June 2023
30 regularly. Fluctuation is based on various factors, including but not limited to operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Santa Maria Police Department is committed to transparency in disclosing its military equipment inventory and related information to our co mmunity and elected officials in compliance with the law.
Policy
707
Santa Maria Police Department
Policy Manual
Copyright Lexipol, LLC 2023/05/11, All Rights Reserved.
Published with permission by Santa Maria Police Department Military Equipment - 1
Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, use, and reporting requirements of military equipment in compliance with Chapter 12.8 of Division 7 of Title 1 of the California Government Code (Sections 7070-7075) and shall be known as the City's "Military Equipment Use Policy" or "the Policy."
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – A wide variety of items as defined by California Government Code Section 7070, subsections (c)(1) through (c)(16).Includes but is not limited to the following:
(a) Unmanned, remotely piloted, powered aerial or ground vehicles. (b) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(c) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (d) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(e) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (f) Weaponized aircraft, vessels, or vehicles of any kind. (g) Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this section.
This does not include a handheld, one-person ram.
(h) Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(i) Ammunition of.50 caliber or greater. However, standard issue shotguns ammunition is specifically excluded from this subdivision.
(j) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as identified and defined in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(k) Any firearm or firearm accessory that is designed to launch explosive projectiles.
Santa Maria Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/11, All Rights Reserved.
Published with permission by Santa Maria Police Department Military Equipment - 2
(l) "Flashbang" grenades and explosive breaching tools, "tear gas", and "pepper balls," excluding standard, service-issued handheld pepper spray. (m) Taser Shockwave, microwave weapons, water cannons, and Long-Range Acoustic Device (LRAD).
(n) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
(o) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(p) Notwithstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
707.2 POLICY
It is the policy of the Santa Maria Police Department that members of this department comply with the provisions of Government Code § 7070-7075 and this Military Equipment Use Policy with respect to military equipment. The Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Maria Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
Santa Maria Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/11, All Rights Reserved.
Published with permission by Santa Maria Police Department Military Equipment - 3
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the Military Equipment Use Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Military Equipment Use Policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).
The Military Equipment Use Policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.5 COORDINATION WITH OTHER JURISDICTIONS
This policy recognizes the need for agencies to provide assistance to each other, whether in ongoing combined or regional operations, occasional planned operations, or in exigent circumstances. Where applicable to the provisions of Government Code § 7070 through § 7075, such assisting agencies must comply with their respective military equipment use policies when rendering assistance.
707.6 ANNUAL REPORT
Upon approval of a Military Equipment Use Policy, the Chief of Police or the authorized designee shallsubmit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
Santa Maria Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/11, All Rights Reserved.
Published with permission by Santa Maria Police Department Military Equipment - 4
The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Chief of Police or the authorized designee shallalso make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.7 MILITARY EQUIPMENT USE CONSIDERATIONS
1. The military equipment acquired and authorized by the Department is:
(a) Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(b) Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
2. Military equipment shall only be used by a Department employee after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the shall hold at least one well-publicized and conveniently located community engagement meeting, at which they should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
707.9 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use military equipment that is not included in the Military Equipment Use Policy. If the Police Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
Santa Maria Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/11, All Rights Reserved.
Published with permission by Santa Maria Police Department Military Equipment - 5
(a) Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. (b) If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 60 days after the initial notification to the City Council, and receive approval, as applicable, from the City Council.
(c) Include the military equipment in the Department's next annual military equipment report.
707.10 POLICY COMPLIANCE
(a) Department supervisors and managers will ensure that all Department members comply with this policy. The Professional Standards Lieutenant will conduct a review of Department compliance annually in preparation for the annual report. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be administratively investigated in accordance with Department policy.
All instances of non-compliance will be reported to City Council via the annual military equipment report.
(b) Any member of the public can register a question or concern regarding military use equipment by contacting the Santa Maria Police Department's Professional Standards Lieutenant via the department email ([email protected]), in person, or telephone, (805) 928-3781 x2297. A response to the question or concern shall be completed by the Department in a timely manner.
(c) Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone (805) 928-3781 ext. 2297, email [email protected]). Once the complaint is received, it should be routed to the Professional Standards Lieutenant in accordance with Department policy. 707.11 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS When military equipment is deemed inoperable, or has been consumed (munitions, gas, etc.), it can be replaced with like kind equipment up to the quantity level authorized by City Council. 707.12 MILITARY EQUIPMENT INVENTORY
All military use equipment kept and maintained by the Department shall be cataloged in a way which addresses each of the following requirements:
(a) The manufacturers' description of the equipment.
(b) The capabilities of the equipment.
(c) The purposes and authorized uses for which the Department proposes to use the equipment.
(d) The expected lifespan of the equipment.
(e) The fiscal impact of the equipment, both initially and for on-going maintenance.
Santa Maria Police Department
Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/11, All Rights Reserved.
Published with permission by Santa Maria Police Department Military Equipment - 6
(f) The quantity of the equipment, whether maintained or sought.
The following attachment, which is incorporated herein by reference, contains a list of qualifying equipment for the Department:
See attachment: AB 481 Inventory 2022 Revised (attachment).pdf
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, APPROVING THE ANNUAL MILITARY EQUIPMENT USE REPORT 2022-2023, INCLUDING THE ACQUISITION OF ADDITIONAL EQUIPMENT AND RENEWING ORDINANCE NO. 2022-03,
ADOPTING A MILITARY EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL 481
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (AB 481) , relating to the use of military equipment by law enforcement agencies; and
WHEREAS, AB 481, codified at Sections 7070 through 7075 of Chapter 12.8 of Division 7 of Title 1 of the California Government Code, requires law enforcement agencies to obtain approval of the applicable governing body, b y adoption of a milit ary equipment use policy, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and
WHEREAS, the term “military equipment” is defined in California Government Code Section 7070(c); and
WHEREAS, on June 7, 2022, the Santa Maria City Council passed Ordinance No. 2022-03, adopting a military equipment use policy in compliance with AB 481; and
WHEREAS, AB 481 also requires public agencies with military equipment use policies to prepare an annual military equipment report within one year of approval of the military equipment use policy and annually thereafter for as long as the military equipment is available for use; and
WHEREAS, the City prepared an annual report (Annual Military Equipment Use Report 2022 -2023) that was submitted to the City Council and posted on the City’s website on May 3, 2023, which is attached as Attachment A to the Council Agenda Report and incorporated herein by reference . In addition, a community engagement meeting was held on June 5, 2023, wherein the public was invited to discuss and ask questions regarding the annual military equipment repo rt and the Police Department’s funding, acquisition, or use of military equipment ; and
WHEREAS, AB 481 also requires the City Council to review its military equipment use policy annually and vote on whether to renew the Ordinance.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The above recitals are true and correct and incorporated herein.
2 2. Based on the annual military equipment report submitted pursuant to Government Code Section 7072, the City Council finds that each type of military equipment identified in that report has c omplied with the standards of approval set forth in subdivision (d) of Section 7071, specifically:
A. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
B. The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
C. The equipment is reasonably cost -effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
D. Prior military equipment use complied with the policies in effect at the time.
3. The Annual Military Equipment Use Report 2022-2023 is hereby approved , including the acquisition of additional equipment.
4. Consistent with Government Code Section 7071(e)(1), the City Council hereby ratifies and renews Ordinance No. 2022-03.
5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance with the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 6th day of June 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
3 APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
FOR THE COUNCIL MEETING OF JUNE 6, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: Grant Agreement with Santa Barbara County Air Pollution Control District for the 2022 Clean Air Grants Infrastructure Program
Description:
The City Council will consider a grant agreement with the Santa Barbara County Air Pollution Control District to receive funding assistance up to $38,500 towards the construction of an 8-port Level-2 City Fleet Electric Vehicle charging station at the Public Works Operations Yard.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to Sta te Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution approving a grant agreement with the Santa Barbara County Air Pollution Control District for the 2022 Clean Air Grants Infrastructure Program for the construction of a City Fleet Electric Vehicle charging station.
BACKGROUND:
It is the Santa Barbara County Air Pollution Control District’s (APCD) mission to protect the people and the environment of Santa Barbara County from the effects of air pollution.
In 1970, the California Legislature passed a law that gave local governments primary responsibility for controlling air pollution from all sources except motor vehicles. In response, the Santa Barbara County Board of Supervisors formed the APCD. APCD staff includes meteorologists, engineers, environmental scientists, planners, inspectors, and administrative personnel.
The APCD Board consists of each of the five County Board of Supervisors and a City Councilmember or Mayor from each of the County’s eight incorporated cities. The APCD Board meets at locations in Santa Barbara and Santa Maria and is sometimes advised by the Community Advisory Council.
APCD grant funding comes from the California Air Resources Board’s (CARB) Carl Moyer Program, C ommunity Air Protection Program, and Funding Agricultural Replacement Measures for Emission Reductions (FARMER) Program.
2 DISCUSSION:
The City’s Fleet is transitioning towards battery electric vehicles (EV), and the primary goal of this grant agreement is to provide funding assistance for Fleet Services to construct an 8-port Level-2 EV charging station at the Public Works Operations Yard. This grant agreement, along with other rebates received and expected to receive, would reduce the project costs to the City.
The criteria include, but are not limited to, the following:
1. Electric Vehicle Battery Charging Station:
a. New, conversion of existing, and expansion to existing non-residential level two or higher battery charging stations, including but not limited to:
i. Public chargers – non-residential charging station s that at a minimum must be accessible to the public daily during regular business hours.
ii. Workplace charging.
iii. Fleet charging.
iv. Direct current fast chargers along freeway roadway corridors. v. Long-term charging at destination areas such as airports, hotels, schools, hospitals, shopping centers, etc.
2. Alternative Fueling Stations:
a. New, conversion of existing, and expansion to existing hydrog en, and natural gas fueling stations.
Alternative(s)
The City Council could d eny authorization to enter into a Grant agreement with Santa Barbara County Air Pollution Control District for the 2022 Clean Air Grants Infrastructure Program. However, staff does not recommend this action as it would forgo up to $38,500 in revenue and postpone the transition to a zero-emissions fleet.
Fiscal Considerations
Constructing an 8-port Level-2 EV charging station at the Public Works Operations Yard has a total project cost of $88,000. Accepting the Grant from APCD for the 2022 Clean Air Grants Infrastructure Program would reduce the cost to the City to $49,500.
Additionally, upon completion of this project, the City is expecting to receive a rebate from Central Coast C ommunity Energy's (CCCE) "Charge Your Fleet" Program for $40,000.
This would further reduce the cost to the City to $9,500.
Finally, the City has also received rebates from CCCE's "Electrify Your Fleet" Program for $10,000 for the completion of previous EV purchases. Therefore, no new funding is being requested for this project.
To support this project in the FY 2023-2024 budget, the rebate funds would need to be appropriated. A budget amendment request will be com pleted requesting an appropriation of the awarded funds should the grant agreement be executed.
3 Impact to the Community
Constructing a Fleet EV charging station would allow the City to continue its transition to a zero-emissions Fleet. Doing so will assist in improved air quality and a positive impact on human health within the City.
ATTACHMENTS
Attachment A- Agreement_APCD Grant_2023-06-06
Attachment B- Grant Information Form_ APCD Grant_2023-06-06
1 GRANT AGREEMENT
between
The Santa Barbara County Air Pollution Control District and City of Santa Maria [AP222311]
This Grant Agreement is made this day of 2023, between the Santa Barbara County Air Pollution Control District, hereinafter referred to as "DISTRICT," and the City of Santa Maria, hereinafter referred to as “GRANTEE”.
RECITALS
WHEREAS, DISTRICT is a county air pollution control agency with the primary responsibility for preparing and implementing air quality attainment plans and measures to achieve and maintain state and federal ambient air quality standards in the County of Santa Barbara as mandated by the California Clean Air Act and Federal Clean Air Act; WHEREAS, Santa Barbara County is designated as nonattainment for the state ambient air quality standard for particulate matter less than 10 microns in diameter (“PM10”) and, effective July 1, 2020, Santa Barbara County is designated as attainment for the state ambient air quality standard for ozone;
WHEREAS, oxides of nitrogen ("NOX") and reactive organic compounds (“ROC”) are precursors to the formation of ozone, and PM10 from diesel-fueled engines has been classified as a Toxic Air Contaminant, and the generation of NOX, ROC, and PM10 from internal combustion engines used in on-road and off-road motor vehicles and other equipment are a significant contributor to Santa Barbara County’s total emissions of these pollutants;
WHEREAS, DISTRICT has funds provided by the California Air Resources Board (CARB) and the California Department of Motor Vehicles (DMV) vehicle registration fee surcharge program, and wishes to utilize a portion of these funds to achieve emission reductions through a District Board-approved grant program;
WHEREAS, CARB is an intended third-party beneficiary for the purposes of this Grant Agreement and, as such, CARB reserves the right to enforce the terms of this Grant Agreement to ensure emission reductions are obtained;
WHEREAS, DISTRICT is interested in encouraging the demonstration and implementation of low- or zero-emissions programs under cooperative agreements with government, industry, and local businesses;
WHEREAS, GRANTEE has submitted a proposal to purchase and install four dual port, Level 2 electric vehicle charging stations, which meets the requirements of the applicable CARB Guidelines and, therefore, is eligible to receive funds from DISTRICT for this infrastructure project; WHEREAS, GRANTEE represents it is highly qualified and experienced in its professional field, is able to perform the activities described in the Scope of Work attached to this Grant Agreement as Attachment A, and will not commence these activities until this Grant Agreement is fully executed;
2 WHEREAS, DISTRICT or its agents has reviewed and decided to fund GRANTEE’s proposal at an amount determined by the Air Pollution Control Officer; and WHEREAS, DISTRICT Board of Directors has delegated authority to the Air Pollution Control Officer to execute certain grant agreements and make certain modifications and this Grant Agreement falls within that delegation authority.
NOW, THEREFORE, in consideration of the mutual promises and conditions listed below, it is hereby agreed between DISTRICT and GRANTEE as follows:
GRANT TERMS AND CONDITIONS
1. Obligations to be Performed Under this Grant Agreement.
Within the time specified in Section 2 (Time of Performance), GRANTEE shall perform all of the obligations described in this Grant Agreement and set forth in the Scope of Work, which is attached hereto as Attachment A and incorporated herein by this reference.
GRANTEE agrees to furnish all labor, materials, equipment, required licenses, permits, fees, and other appropriate legal authorization from all applicable federal, state, and local jurisdictions necessary to perform and complete, per schedule and in a professional manner, the obligations described herein.
2. Time of Performance.
a) Project Completion: This Grant Agreement shall commence on the date of signing by GRANTEE and DISTRICT (either the Board of Directors or the Air Pollution Control Officer). GRANTEE shall have the electric vehicle charging stations (hereinafter “Clean Air Project”) as described in Attachment A (Scope of Work), purchased, installed, operational, and inspected by DISTRICT within 365 days of the effective date of this Grant Agreement. The date for project completion may be extended, in writing, by the Air Pollution Control Officer for good cause.
b) Project Implementation: The project life for this Grant Agreement shall commence on the date of DISTRICT inspection of the completed Clean Air Project and shall continue for at least three (3) years, unless terminated sooner in accordance with Section 15 (Termination).
3. Grant Funding.
DISTRICT hereby agrees to provide funds to GRANTEE in the amount not to exceed $38,500 toward the purchase of the Clean Air Project. GRANTEE shall invoice DISTRICT in accordance with the schedule specified in Attachment B (Grant Invoice Payment Schedule). GRANTEE shall provide DISTRICT any information necessary to verify the accuracy of the invoice and all eligible and ineligible costs. DISTRICT will pay GRANTEE within thirty (30) days of receipt of GRANTEE’s invoice. All invoices or other payment documents must include the assigned DISTRICT Grant Agreement number. Failure to properly reference this contract number may result in a delay of payment.
GRANTEE shall not submit another application or sign another contract to receive funding from any other source for the same specific Clean Air Project covered by this Grant Agreement, other than any loan application or loan contract necessary to fund GRANTEE’s cost share
3 obligation for the project.
4. Matching Funds.
GRANTEE shall provide matching funds, as described in Attachment A (Scope of Work), as a condition of receiving this grant from DISTRICT. Failure to provide such funds shall be, at the discretion of the Air Pollution Control Officer, grounds for termination of this Grant Agreement. Upon such termination GRANTEE shall, within 14 days of termination, return any grant funds received from DISTRICT under this Grant Agreement.
5. Non-Partnership.
This Grant Agreement is not intended by the parties to constitute or create a joint venture, pooling arrangement, or formal business organization of any kind. The rights and obligations of the parties shall be only those expressly set forth herein.
6. Status of GRANTEE.
GRANTEE and GRANTEE's subcontractors shall perform all services under this Grant Agreement as independent contractors and not as employees, officers or agents of DISTRICT.
7. Records.
GRANTEE shall keep, and provide to DISTRICT or its agents and CARB or its agents, upon request, accurate financial records (including invoices and published price lists on which this Grant Agreement was based) as necessary to enable DISTRICT and CARB to review GRANTEE's performance of this Grant Agreement. These records shall demonstrate that the grant funding has been used for the purchase of the Clean Air Project described in Attachment A (Scope of Work).
GRANTEE shall maintain all such records for at least three (3) years after the termination of this Grant Agreement.
8. Grant Reporting.
GRANTEE shall submit report(s) to DISTRICT in accordance with the schedule and format specified in Attachment C (Grant Narrative Reports Format). Should GRANTEE fail to submit these reports to DISTRICT, GRANTEE shall make the Clean Air Project available for an audit inspection by DISTRICT or CARB for the term of the Grant Agreement. An audit inspection shall not relieve GRANTEE of its obligation to submit all required reports.
9. Audit and Review.
DISTRICT or its agents and CARB or its agents shall have the right to audit the Clean Air Project and review the associated records identified in Section 7 (Records), maintained by GRANTEE pursuant to the terms of this Grant Agreement, to the extent necessary to verify that the grant funding has been used in accordance with the terms of this Grant Agreement. Any such audit and review will be conducted by DISTRICT, or its agents, or CARB auditors or, at GRANTEE's option and expense, by a mutually acceptable third-party accounting firm.
10. Indemnification.
GRANTEE shall defend, indemnify and save harmless DISTRICT, and CARB, their officers, agents and employees from any and all claims, demands, damages, costs, expenses (including attorney's fees), judgments or liabilities arising out of this Grant Agreement or occasioned by the performance or attempted performance of the provisions hereof; including, but not limited to, any
4 act or omission to act on the part of GRANTEE or their agents or employees or other independent contractors directly responsible to them; except those claims, demands, damages, costs, expenses (including attorney's fees), judgments or liabilities resulting solely from the negligence or willful misconduct of DISTRICT.
11. Nondiscrimination Clause.
GRANTEE shall abide by the Unlawful Discrimination Ordinance, Article XIII of Chapter 2 of the Santa Barbara County Code, which is attached hereto as Attachment D (County of Santa Barbara Unlawful Discrimination Ordinance) and incorporated herein by this reference, and any subsequent amendments to the Unlawful Discrimination Ordinance.
12. Title to Clean Air Project.
Title to, and risk of loss, of the Clean Air Project shall at all times vest in and with GRANTEE. GRANTEE acknowledges that DISTRICT did not supply, design or manufacture the Clean Air Project or any of its components. This Clean Air Project is commercially manufactured and sold by a manufacturer determined by GRANTEE. If the Clean Air Project includes funding for services, the contractor for services was determined by GRANTEE in a manner consistent with the applicable funding guidelines. DISTRI CT specifically disclaims all warranties, express and implied, including the implied warranties of merchantability and fitness for the intended purpose, as to the Clean Air Project, any test equipment, field tests, or services rendered by contractor(s). In no event shall DISTRICT be liable to GRANTEE or any third party for any direct, indirect, consequential, special, incidental, or punitive damages for the design, manufacture, operation, maintenance, performance, or demonstration of the Clean Air Project under any theory, including but not limited to, tort, contract, breach of warranty, or strict liability.
13. Rights to Emission Reductions.
GRANTEE affirmatively certifies to DISTRICT that the project described in Attachment A (Scope of Work) is not required by any local, state and/or federal rule, regulation or Memorandum of Understanding currently in effect. GRANTEE transfers and conveys to DISTRICT all rights and claim to ownership of the emission reductions achieved through the installation and operation of the Clean Air Project funded by the Grant Agreement. GRANTEE shall not use or attempt to use the emission reductions achieved by the Clean Air Project as emission reduction credits. GRANTEE hereby fully and completely relinquishes such rights for the useful life of the Clean Air Project.
14. Disposal of Replaced Engine, Equipment, or Vehicle.
If the applicable funding guidelines require destruction of existing equipment, GRANTEE shall not use, or allow the use of, the existing engine, equipment, or vehicle being replaced with the Clean Air Project. In addition, GRANTEE shall not sell, gift, or otherwise transfer ownership of the replaced engine, equipment, or vehicle to another party for operation. If requested by DISTRICT, GRANTEE shall dispose of the replaced engine, equipment, or vehicle according to the applicable funding guidelines and within 60 days after completing the Clean Air Project. If requested by DISTRICT, GRANTEE shall within 10 days of disposal provide written notice to DISTRICT stating the engine, equipment, or vehicle’s serial number, the date of disposal, the location of the engine, and the method by which the engine was rendered unusable. If GRANTEE fails to properly dispose of the replaced engine, equipment, or vehicle, GRANTEE shall return the funds provided by DISTRICT for the Clean Air Project. GRANTEE shall notify DISTRICT if
5 they remove and retain ownership of parts from the replaced engine, equipment, or vehicle, however, the engine, drive train and frame from the replaced project must be disposed of as described herein.
15. Termination.
a) DISTRICT. The DISTRICT may, in its sole discretion, terminate this Grant Agreement for convenience by giving thirty (30) days prior written notice to GRANTEE. GRANTEE shall not incur any unnecessary expenses or costs that are reimbursable under this Grant Agreement during this period except those absolutely necessary to close out all activities related to the Grant Agreement. Any other charges incurred by GRANTEE during this period will not be compensated by DISTRICT unless approved in writing by the Air Pollution Control Officer.
The DISTRICT may also terminate this Grant Agreement for cause should GRANTEE default in the performance of this Grant Agreement or materially breach any of its provisions. Such termination shall be by written notice and shall be effective upon receipt by GRANTEE. DISTRICT may seek whatever legal, equitable, and other remedies available under State law for GRANTEE’s failure to comply and fully perform under the Grant Agreement.
b) GRANTEE. GRANTEE may terminate its obligation to operate the Clean Air Project funded under this Grant Agreement for good cause provided that, if requested by the Air Pollution Control Officer, GRANTEE shall reimburse DISTRICT for the Grant funding specified in Section 3 (Grant Funding), as follows:
Te rmination Date Reimbursement Due to DISTRICT
P rior to operation 100 percent o f grant funding
Operation to 20% of project life expended 90 percent o f grant funding 21% to 40% of project life expended 70 percent o f grant funding 41% to 60% of project life expended 50 percent o f grant funding 61% to 80% of project life expended 30 percent o f grant funding 81% to 100% of project life expended 10 percent of grant funding After 100% of project life expended 0 percent of grant funding The project life starts the day of Project Completion and is de termined by the Project Implementation year value referenced in Section 2 (Time of Performance). GRANTEE’S notice of termination shall be in writing and shall be effective upon completion of the terms of Section 15 (Termination). Such notice shall terminate GRANTEE’s obligation under Section 1 (Obligations to be Performed Under this Grant Agreement) and Section 2 (Time of Performance) of this Grant Agreement.
16. Conflict of Interest.
GRANTEE understands and acknowledges that the funds awarded under this Grant Agreement may only be awarded to GRANTEE in compliance with the requirements of the California Political Reform Act (“PRA”), California Government Code Section 87100 et seq.
GRANTEE understands and acknowledges that the PRA prohibits any public official from participating in any governmental decision in which the public official knows they have a financial interest.
6 For the purposes of this provision, a “public official” is any person employed at DISTRICT or any other public official of DISTRICT or County of Santa Barbara who participated in the negotiation or making of this Grant Agreement.
For the purposes of this provision, “GRANTEE” includes GRANTEE and GRANTEE’s subcontractors and employees, business associates and business partners (including all personnel named in GRANTEE’S proposal) who will receive a financial benefit from this Grant Agreement as defined in the PRA.
GRANTEE represents and warrants that a “conflict of interest” as defined in the PRA did not exist during the process that led to the award of this Grant Agreement.
GRANTEE shall disclose any conflict of interest to DISTRICT in writing prior to execution of this Grant Agreement. The DISTRICT may, in its sole discretion, decline to award or may terminate the grant to GRANTEE if a conflict of interest existed prior to the full execution of this Grant Agreement. Failure of GRANTEE to comply with this provision shall be a material breach of this Grant Agreement and shall, at the DISTRICT’s discretion, result in a total forfeiture of all Grant funds received under this Grant Agreement. GRANTEE shall also be liable to DISTRICT for treble damages of the amount of the Grant and DISTRICT’s reasonable attorney’s fees in any litigation necessary to enforce this provision.
17. Taxes.
GRANTEE shall be responsible for payment of all taxes due as a result of the Grant Agreement. GRANTEE shall provide DISTRICT with their Federal Tax Identification Number or Social Security Number prior to DISTRICT payment of grant funds.
18. Program Information and Logos.
At the option of DISTRICT or its agents, GRANTEE shall allow the placement of a DISTRICT logo on project facilities or equipment. The placement design, style and color will be determined by DISTRICT or its agents.
19. Public Education.
GRANTEE, upon request of DISTRICT or its agents, will participate in and assist with a one-day public education and demonstration concerning GRANTEE's project. GRANTEE will allow reasonable access by DISTRICT or its agents, and the public, to project facilities and equipment during this demonstration.
20. Remedies Not Exclusive.
No remedy herein conferred upon or reserved to DISTRICT is intended to be exclusive of any other remedy or remedies and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.
21. Publication.
DISTRICT or its agents shall have the right of prior written approval of any document that shall be disseminated to the public by GRANTEE in which GRANTEE utilized information obtained from DISTRICT in connection with performance under this Grant Agreement.
Information, data, documents, or reports developed by GRANTEE for DISTRICT, pursuant to the Grant Agreement, shall be part of DISTRICT's public record. GRANTEE may use or publish,
7 at its own expense, such information provided to DISTRICT. The following acknowledgment of support and disclaimer must appear in each document disseminated, whether copyrighted or not, and based upon the work performed under this Grant Agreement. "This report was prepared as a result of work sponsored by the Santa Barbara County Air Pollution Control District (SBCAPCD). The opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of SBCAPCD. SBCAPCD, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and assume no legal liability for the information in this report.
SBCAPCD has not approved or disapproved this report, nor has SBCAPCD passed upon the accuracy or adequacy of the information contained herein." GRANTEE shall inform its officers, employees, and subcontractors involved in the performance of this Grant Agreement of the restrictions contained herein and require compliance with the above publication terms.
22. Waivers.
The waiver by either party to this Grant Agreement of any term, covenant, or condition of this Grant Agreement or of any provision, ordinance, or law, shall not be deemed to be a continuing waiver of such term, covenant, condition, or law, or of any subsequent breach or violation of the same, or of any other term, covenant, ordinance of law.
23. Amendment.
This Grant Agreement may only be amended in writing executed by DISTRICT Board and GRANTEE or, where authorized by the DISTRICT Board, by the Air Pollution Control Officer and GRANTEE.
24. California Law to Apply.
This Grant Agreement shall be construed under and in accordance with the laws of the State of California. All obligations created under this Grant Agreement are performable in California.
25. Non-Assignment.
This Grant Agreement shall not be assigned by GRANTEE without the prior written consent of the Air Pollution Control Officer. In the event GRANTEE desires to sell, lease, or otherwise transfer the Clean Air Project, GRANTEE shall promptly notify DISTRICT and shall provide the potential buyer or other transferee with a copy of this Grant Agreement. The buyer or other transferee must agree in writing to abide by the terms of this Grant Agreement prior to GRANTEE closing any such sale, lease or other transfer.
26. Grant Agreement Integrated.
This Grant Agreement represents the entire and integrated Grant Agreement between the DISTRICT and GRANTEE and supersedes any and all other negotiations, representations, and/or agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Grant Agreement that is not contained herein shall be valid or binding.
27. Conflicts Between Grant Agreement and Incorporated Attachments.
With the exception of the County of Santa Barbara 's Unlawful Discrimination Ordinance, to the extent that any provisions in any of the other attachment(s) that are incorporated into this Grant
8 Agreement by reference, conflict with any provision contained in this Grant Agreement, the provision of this Grant Agreement shall take precedence and govern.
28. Provisions Required by Law Deemed Inserted.
Each and every provision of law and clause required by law to be inserted in this Grant 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 Grant Agreement shall forthwith be physically amended to make such insertion or correction.
29. Unusual Circumstances.
The parties shall be excused from performing their respective obligations under this Grant Agreement in the event they are prevented from performing so by reason of circumstances beyond their control, including, but not limited to, strikes and other labor disputes, wars, civil commotion, natural calamity, pandemic, fire, equipment breakdown or failures. In the event of any delay described above, the time for performance may be extended by mutual agreement for a period equal to the length of the delay.
30. California Air Resources Board as Third-Party Beneficiary.
GRANTEE acknowledges that CARB Funds or California DMV vehicle registration fee surcharge program funds have been provided for this Grant Agreement by the State of California through the administration and oversight of CARB. CARB shall be a third party beneficiary for the purposes of this Grant Agreement and, as such, CARB shall have the right to enforce the terms of this Grant Agreement, including seeking whatever legal, equitable and other remedies are available under State law for GRANTEE’s failure to fully perform under this Grant Agreement.
31. Point of Contact.
All notices referenced in this Grant Agreement shall be in writing and shall be given by first- class mail and/or via email and shall be addre ssed as follows, or at such other a ddress or to su ch person that the parties may from time to time designate in writing:
GRANTEE
City of Santa Maria
110 E Cook Street
Santa Maria CA 93454
Attn: Andrew Hackleman
Asst. City Manager
[email protected]
(805) 925-0951 x 1267
DISTRICT
Santa Barbara County Air Pollution Control District
260 N San Antonio Rd., Suite A
Santa Barbara, CA 93110
Attn: Jim Fredrickson
Supervisor, Planning Division
[email protected]
(805) 979-8328
32. Clean Air Project Installation and Maintenance.
For engine repower projects, the installation of the engine must be completed in a manner such that it does not void the engine warranty provided by the manufacturer and any remaining warranty provided by the equipment or vehicle manufacturer.
GRANTEE will maintain and operate equipment funded by the Clean Air Project according to manufacturer’s specifications for the duration of the project life. GRANTEE will not modify or
9 alter the equipment funded by the Clean Air Project in such a manner that would cause an increase in air pollution from the level in which the Clean Air Project equipment was configured from the manufacturer. If applicable, GRANTEE shall maintain a working hour meter or odometer as a means of calculating emission reductions and cost-effectiveness. If the hour meter or odometer fails, GRANTEE shall immediately notify DISTRICT and remains responsible for validating any hours or mileage not recorded by the hour meter or odometer. GRANTEE must either repair or replace the non-operating hour meter or odometer or provide other documentation of project operating hours or mileage acceptable to DISTRICT.
33. Clean Air Project Operating Area.
GRANTEE shall operate the Clean Air Project equipment in routine service within Santa Barbara County or California Coastal Waters adjacent to Santa Barbara, Ventura or San Luis Obispo counties, unless otherwise specified by the Air Pollution Control Officer.
34. On-Site Inspections and Audits.
GRANTEE shall allow DISTRICT, or its agents, and CARB or its agents to inspect the Clean Air Project equipment and associated records during the contract term. GRANTEE shall maintain and retain the project records for at least two (2) years after expiration of this Grant Agreement or three (3) years after final project payment, whichever is later.
35. Funds from Other Sources
GRANTEE must certify that they have disclosed all funding sources that they have applied for or received for the Clean Air Project and will notify DISTRICT of additional sources of funding received for the total cost of the project, including any sources that become available after contract execution
Clean Air Projects co-funded by GRANTEE must meet all criteria associated with each funding source used to fund the Clean Air Project.
If GRANTEE is not a public entity, GRANTEE must provide at least 15 percent of the Clean Air Project’s eligible costs from non-public sources. This Grant Agreement prohibits GRANTEE from receiving grants and other funds that exceed the total cost of the Clean Air Project.
GRANTEE may receive funds from multiple air districts for the same Clean Air Project if these entities are coordinating to jointly fund portions of the project and the list of entities involved and funding provided are included in the Grant Agreement.
36. Compliance with Air Quality Regulations
GRANTEE certifies that their fleet, engine(s), equipment, or vehicle is in compliance with all applicable federal, state, and local air quality rules and regulations at time of contract execution.
GRANTEE must maintain compliance with all applicable federal, state, and local air quality rules and regulations for the full term of the Grant Agreement.
37. Repercussions for Nonperformance
GRANTEE understands and agrees to operate the Clean Air Project equipment, including engine(s), mobile equipment, stationary equipment, or vehicle(s), according to the terms of the Grant Agreement and to cooperate with DISTRICT and CARB in implementation, monitoring, enforcement, and other efforts to ensure that the emission benefits are real, quantifiable, surplus,
10 enforceable.
Non-compliance with the Grant Agreement will subject GRANTEE to repercussions, including but not limited to, termination of the Grant Agreement and recapture of project funds according to Section 15 (Termination).
DISTRICT and CARB have the authority to seek any remedies available under the law for non-compliance with funding program requirements and non-performance with the Grant Agreement.
38. Debarment and Suspension
GRANTEE certifies to DISTRICT that it and its employees and principals are not debarred, suspended, or otherwise excluded from or ineligible for participation in federal, state, or county government contracts. GRANTEE certifies that it shall not contract with a subcontractor that is so debarred or suspended.
39. Execution of Counterparts
This Grant Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.
40. Prevailing Wage and Labor Compliance
GRANTEE agrees to comply with all of the applicable provisions of the California Labor Code pertaining to Public Works projects (Labor Code Sections 1720-1861) including those provisions requiring the payment of not less than the specified prevailing rates of wages as determined by the Director of the Department of Industrial Relations to workers employed in the performance of this Grant Agreement.
11 This Grant Agreement between Santa Barbara County Air Pollution Control District and City of Santa Maria was executed in Santa Barbara County and is effective on the day and year first written above.
ATTEST:
AERON ARLIN GENET
CLERK OF THE BOARD
By:
Deputy
APPROVED AS TO FORM:
RACHEL VAN MULLEM
COUNTY COUNSEL
SANTA BARBARA COUNTY
AIR POLLUTION CONTROL DISTRICT,
STATE OF CALIFORNIA
By:
Aeron Arlin Genet
Air Polluti on Control Of ficer
Date:
GRANTEE: City of Santa Maria
By:
District Counsel
APPROVED AS TO FORM:
GREG MILLIGAN, ARM
RISK MANAGER
By:
Andrew Hackleman
Assistant City Manager
Date:
By:
Risk Management
APPROVED AS TO ACCOUNTING FORM:
BETSY M. SCHAFFER, CPA
AUDITOR-CONTROLLER
By:
Deputy
ATTACHMENT A
SCOPE OF WORK
13 2022 Clean Air Grants Program
Scope of Work for City of Santa Maria
Santa Barbara County Air Pollution Control District
Attention: Jim Fredrickson
260 North San Antonio Road, Suite A
Santa Barbara, CA 93110
City of Santa Maria proposes to purchase and install four (4) dual port, Level 2 EV charging stations at the city’s public works yard, located at 810 W Church Street, Santa Maria, CA 93458. The charging stations will be installed on the exterior wall of the backside of the fleet services shop. The charging stations will be used exclusively for city fleet vehicles and will not be made available for public use. It is estimated that the charging stations will serve eight vehicles annually throughout the term of the contract. The charging stations will be reported to the Department of Energy Alternative Fuel Data Center’s Station Locator as private stations.
Details of the proposed new charging stations are as follows:
a. Equipment type: Four (4) dual port charging stations b. Manufacturer: ChargePoint
c. Model: CT4023-GW1
d. EV Charging Station Type: Level 2
e. EV Charging Station Rated Output Power: 7.2 kW
f. Number of ports: 8
The plans for the project meet the local permit and land use approval requirements and all relevant permits will be acquired prior to commencing work on the project.
City of Santa Maria will provide all applicable EVITP certification number(s) to the District prior to authorizing work on the project.
City of Santa Maria agrees to commit to maintaining and operating the charging stations according to the manufacturer’s recommendations for the entire grant term. If at any point during the grant term the equipment is not functional, City of Santa Maria agrees to report the problem to the air district within 15 business days, and to begin working with the air district promptly to ensure infrastructure equipment is operational. If at any point during the project life, the fuel/energy meter fails for any reason, City of Santa Maria agrees to repair or replace the fuel/energy meter as soon as possible.
The charging stations will comply with all applicable local, state and federal access requirements, including the Americans with Disabilities Act.
City of Santa Maria agrees to provide matching funds for any residual equipment costs and installation labor costs not covered by the District grant funds under this grant agreement.
14 I verify that the information provided in this Scope of Work is true and accurate to the best of my knowledge.
________________________________________ _________________ Andrew Hackleman, Assistant City Manager Date City of Santa Maria
110 E Cook Street
Santa Maria, CA 93454
15 ATTACHMENT B
GRANT INVOICE PAYMENT
GRANTEE shall invoice DISTRICT as follows:
1. Not-to-exceed (NTE) total of $38,500 upon delivery, installation, and demonstrated satisfactory operation of the Clean Air Project, as specified above in Attachment A (Scope of Work). DISTRICT will pay the lower of the grant agreement amount or the final invoice amount of eligible expenses.
2. Provide proof of destruction of replaced Clean Air Project equipment consistent with Section 14 (Disposal of Replaced Engine, Equipment, or Vehicle), if requested by DISTRICT.
3. Attach a copy of vendors’ invoice to GRANTEE with proof of payment of the final invoice amount for the specified Clean Air Project, and include make, model number, model year, serial number, and itemized breakdown of all equipment purchased, and services rendered.
4. Attach a copy of Clean Air Project equipment manufacturers proof of warranty.
5. If requested by DISTRICT, attach proof of completing California Secretary of State Uniform Commercial Code form (UCC-1).
6. GRANTEE shall invoice DISTRICT for the project as specified above. GRANTEE shall attach the invoice information to a cover letter with GRANTEE’s letterhead and include a reference to Grant Agreement AP222311. Invoice shall be submitted to DISTRICT staff listed in Section 31 (Point of Contact).
16 ATTACHMENT C
GRANT NARRATIVE REPORTS FORMAT
GRANTEE shall submit an annual narrative report to DISTRICT commencing no later than 18 months after post-inspection of the Clean Air Project and each subsequent year for the duration of the Grant Agreement identified in Section 2 (Time of Performance), as required by CARB . The purpose of these reports is to provide DISTRICT with feedback as to GRANTEE’s experience with the Clean Air Project, to ensure the project is operational, and that the Clean Air Project’s emission reductions and other benefits are realized. The reports shall include the following items:
1. Name, address, email, and telephone number of GRANTEE;
2. Make and model and location of project purchased;
3. Operating hours or mileage for the Clean Air Project for the most recent 12 months of operation;
4. Provide the estimated percentage change in operating expenses associated with the Clean Air Project;
5. Discussion of condition of Clean Air Project including any repairs, problems, or benefit with the Clean Air Project;
6. Any conditions (e.g., weather, pe rmits) that significantly affected the annual usage of Clean Air Project from routine service;
17 ATTACHMENT D
COUNTY OF SANTA BARBARA UNLAWFUL DISCRIMINATION ORDINANCE Sec. 2-94. - Exceptions.
The provisions of this article shall not apply to contracts or agreements for the acquisition, exchange or disposition of real property or interests therein, nor to contracts or agreements with the State of California, or its political subdivisions, or with the United States of America. (Ord. No. 2946, § 1) Sec. 2-95. - Prohibition of unlawful discrimination in employment practices.
The County of Santa Barbara reserves the right to terminate forthwith each and every written contract and agreement (except purchase orders) respecting real property, goods and/or services entered into by the County of Santa Barbara including but not limited to concessions, franchises, construction agreements, leases, whether now in effect or hereinafter made if the county finds that the contractor is discriminating or has discriminated against any person in violation of any applicable state or federal laws, rules or regulations which may now or hereafter specifically prohibit such discrimination on such grounds as race, religion, sex, color, national origin, physical or mental disability, Vietnam era veteran/disabled, age, medical condition, marital status, ancestry, sexual orientation, or other legally protected status. This right of termination extends to contracts entered into by the County of Santa Barbara or by its joint powers, agencies or agents so long as the county obtains the consent of those parties.
Such finding may only be made after contractor has had a full and fair hearing on notice of thirty days before an impartial hearing officer at which hearing contractor may introduce evidence, produce witnesses and have the opportunity to cross -examine witnesses produced by the county. Further, any finding of discrimination must be fully supported by the facts developed at s uch hearing and set forth in a written opinion; and in addition, contractor may move in the appropriate court of law for damages and/or to compel specific performance of a contractor or agreement if any of the above procedures are not afforded to the contractor. If contractor is not found to have engaged in unlawful discriminatory practices, county shall pay all costs and expenses of such hearing, including reasonable attorneys' fees, to contractor in accordance with current Santa Barbara County Superior Co urt schedule of attorneys' fees for civil trials. If contractor is found to have engaged in such unlawful discriminatory employment practices, contractor shall pay all such costs, expenses and attorneys' fees.
Whether or not a contract or agreement is sti ll in existence at the time of final determination of such unlawful discrimination, the contractor shall forthwith reimburse the county for all damages directly stemming from such discrimination; however, those damages shall not exceed and are not reimbursable in an amount which exceeds amounts paid to contractor under the terms of the contract or agreement.
Nothing in this section 2-95 shall directly or by interpretation give a private cause of action to any third party (not a signatory to the contract or agreement) including employees past or present, or applicants for employment to contractor, it being the sole purpose of this clause to administratively assure compliance with the nondiscrimination clauses contained herein.
With respect to employment discrimination, employment practices shall include, but are not limited to, employment, promotion, demotion, transfer, recruitment and advertising for recruitment, layoff or other termination, rate of pay, employee benefits and all other forms of compensation or selection for training and apprenticeship and probationary periods.
18 Contractor shall permit access at all reasonable times and places to all of its records of employment, advertising, application forms, tests and all other pertinent employment data an d records, to the County of Santa Barbara, its officers, employees and agents for the purpose of investigation to ascertain if any unlawful discrimination as described herein has occurred or is being practiced, provided that such records are relevant to a complaint of an unlawful discriminatory practice which has been forwarded to contractor reasonably prior to the time contractor is asked to make such records available. In addition, all such records shall be deemed "Confidential" by the officers, employees and agents of the county. No records or copies of such records may be removed from the premises of contractor, and no disclosure, oral or written, of such record may be made to third parties except as provided within the agreement. Provided, however, that in the event of a hearing to determine whether or not contractor is engaging in unlawful discrimination in employment practices as defined herein, the board of supervisors of Santa Barbara County may issue subpoenas to require that certified copies of such records be made available to the hearing.
Failure to fully comply with any of the foregoing provisions shall be deemed to be a material breach of any contract or agreement with the County of Santa Barbara. All persons contracting with or who have contracts for goods or services with the county shall be notified that this chapter applies to their contract or agreement with the County of Santa Barbara. (Ord. No. 2946, § 1; Ord. No. 2993, § 1; Ord.
No. 3018, § 1; Ord. No. 4413, § 1)
Sec. 2-95.5. - Exceptions.
Notwithstanding any other provisions in this article, any party contracting with the County of Santa Barbara having an affirmative action program which has been approved within twelve months from the date of the contract by an agency of the federal government shall be deemed to be in compliance with the provisions of this article upon furnishing documentary evidence of such approval satisfactory to the county affirmative action officer. Loss of such approval shall be immediately reported by such party to the county affirmative action officer.
Sec. 2-96. - Purchase orders.
Purchase orders shall contain the following clause as grounds for termination of such purchase order. "If complaint is made that seller is engaging in discriminatory employmen t practices made unlawful by applicable state and federal laws, rules or regulations, and the State Fair Employment Practice Commission or the Federal Equal Employment Opportunities Commission determines that such unlawful discrimination exists, then the C ounty of Santa Barbara may forthwith terminate this order." (Ord. No. 2946, § 1)
Sec. 2-97. - Affirmative action officer.
At the discretion of the county affirmative action officer, he or she shall promptly and thoroughly investigate, or cause to be investigated reports and complaints from whatever source, that any party contracting with the County of Santa Barbara is engaging, or during the term of a contract or agreement with the County of Santa Barbara has engaged, in any unlawful discriminatory employm ent practices as described in section 2 -95 of this Code. If the investigation discloses reason to believe such unlawful discrimination does exist or has existed and the conditions giving rise thereto have not been changed so as to prevent further such unla wful discrimination, and the said party shall not forthwith terminate such unlawful discrimination, take all appropriate steps to prevent a recurrence of such or other unlawful practices, and compensate the person or persons unlawfully discriminated agains t for any and all loss incurred by reason of such unlawful discrimination, all to the satisfaction of the affirmative action officer, then the affirmative action officer shall cause the matter to be presented for
19 action to the State Fair Employment Practic es Commission or the Federal Equal Employment Opportunities Commission, or both, and to any other concerned state or federal agencies or officers.
If and when it has been finally determined by the affirmative action officer, county counsel, or state or federal regulatory agencies that such unlawful discriminatory employment practice has in fact so occurred or are being carried on, then the affirmative action officer shall forthwith present the entire matter to the board of supervisors of the county, togeth er with all damages, costs and expenses related thereto and incurred by county, for appropriate action by the board of supervisors in accord with the intent and purposes of this article and of the affirmative action program of the County of Santa Barbara. (Ord. No. 2946, § 1)
Sec. 2-98. - Youth group anti-discrimination.
(a) Neither the County of Santa Barbara, nor any of its agencies, departments, affiliates, or political subdivisions over which it exercises jurisdiction, shall:
(1) Deny any youth group equal access to, or fair opportunity to conduct meetings or other events at, or otherwise utilize any public facility;
(2) Deny any youth group use permits or licenses regarding, or otherwise withhold from any youth group permission to use, any public fac ility; or (3) Otherwise discriminate against any youth group; on the basis of the membership or leadership criteria of such youth group.
(b) For purposes of this section, a public facility shall include any public forum, limited public forum, public property, or public area including any public building, park, beach, campground, or any other area controlled or operated by the County of Santa Barbara. (c) For purposes of this section, a youth group means any group or organization intended to serve young people under the age of twenty -one. (Ord. No. 4434, § 1) .
2023-24
Santa Barbara County
Air Pollution Control District
AP222311
Bryan Wilson
x 1267
Public Works: Fleet Services
CA Air Resources Board /
CA Dept of Motor Vehicles
2022 Clean Air Grants
Infrastructure Program
Annual narrative reports submitted to APCD for 3 years. 49,500
new account
new account
Construction of a City Fleet EV charging station
38,500
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, APPROVING A GRANT
AGREEMENT WITH THE SANTA BARBARA COUNTY AIR
POLLUTION CONTROL DISTRICT FOR THE 2022 CLEAN AIR
GRANTS INFRASTRUCTURE PROGRAM FOR THE
CONSTRUCTION OF A CITY FLEET ELECTRIC VEHICLE
CHARGING STATION.
WHEREAS, Santa Barbara County Air Pollution Control District’s (APCD) mission is to protect the people and the environment of Santa Barbara County from the effects of air pollution; and
WHEREAS, the Santa Barbara County APCD provides grant funding to benefit public health for the installation of fueling and energy infrastructure s to fuel or power covered sources; and
WHEREAS, the 2022 Clean Air Grants Infrastructure Program was developed to provide funding for agencies to install electric vehicle battery charging station s or alternative fueling stations in Santa Barbara County; and
WHEREAS, the primary goal of the grant agreement is to provide funding assistance for Fleet Services to construct an 8 -port Level -2 E lectric Vehicle charging station at the Public Works Operations Yard; and
WHEREAS, the City has the opportunity to receive a grant award of $38,500 to assist with specified project costs.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The City Manager, or designee, is a uthorized to execute a grant agreement between the Santa Barbara County Air Pollution Control District and the City of Santa Maria for the 2022 Clean Air Grants Infrastructure Program; and
2. The City Manager, or designee, is authorized to execute all forms and documents and coordinate the implementation of the grant and the awarded project; and approve amending the adopted FY 2023-2024 Budget to reflect receipt of said revenue.
3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 6th day of June 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
FOR THE COUNCIL MEETING OF JUNE 6, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: Proposed Summary Vacation of a Portion of a Public Utility Easement at 1075 East Betteravia Road
Description:
The City Council will consider summarily vacating a portion of a public utility easement located on the CoastHills Credit Union parcel (APN 128-190-006) at 1075 East Betteravia Road.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution summarily vacating a portion of an existing public utility easement over Lot 18 of Enos Ranchos Final Map, Tract 6000.
BACKGROUND:
Tract 6000, Enos Ranchos Final Map , was recorded on May 20, 2016. The Final Map created a public utility easement along the north side of Betteravia Road on the CoastHills Credit Union parcel (APN 128-190-006). The site and building were constructed through the required land development process and required inspections. The site has been occupied since November 2019. In 2022, it was discovered that the structure was inadvertently constructed over a portion of the public utility easement . Upon this discovery, Mr. Morgen Benevedo, representative of CoastHills Credit Union, requested it be vacated to clear the title of the building.
DISCUSSION:
Mr. Benevedo contacted all the utility companies and provided written confirmation from each company that utility infrastructure was not located within the easement area to be vacated or underneath the building. Additionally, Public Works staff confirmed the public utility easement is not necessary for future use by the City , and that City-owned and - maintained utilities are not underneath the building or within the area of the public utility easement to be vacated. The portion of the public utility easement not to be vacated adequately provides an area for future public utilities, if necessary.
2 Staff recommends vacating the easement in conformance with California Streets and Highways Code Section 8333(a). The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
Alternative(s)
The City Council could direct staff to identify alternative uses for the public utility easement if it is in the best interest of the City and if there are concerns regarding vacating a portion of this easement. However, the proposed area of the public utility easement to be vacated is located underneath an existing building an d would create difficulty wit h construction and future maintenance.
Fiscal Considerations
CoastHills Credit Union has paid all applicable fees regarding vacating the public utility easement. No additional costs for this vacation are identified at this time.
Impact to the Community
No impact to the community is anticipated at this time as the public utility easement has not been used in the past five years, and all utility providers have not identified a need for the area to be vacated.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, SUMMARILY VACATING A PORTION OF AN
EXISTING PUBLIC UTILITY EASEMENT OVER LOT 18 OF ENOS
RANCHOS FINAL MAP, TRACT 6000
WHEREAS, the Streets and Highways Code §8333(a) permits summary vacation because the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and
WHEREAS, the vacation of a portion of the existing public utility easement will not affect any in-place or in-use public facilities; and
WHEREAS, the property owner of Lot 18 of Enos Ranchos Final Map, Tract 6000 has prepared a legal description and exhibit of the area to be summarily vacated and has paid all applicable fees to process the summary vacation; and
WHEREAS, the City Surveyor has reviewed the legal description and exhibit of the area to be summarily vacated and found both to be technically correct.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. That the portion of the existing public utility easement , as shown in Exhibits A and B, is summarily vacated pursuant to Streets and Highways Code, Part 3, Chapter 4, §8333(a).
2. That from and after the date this Resolution is recorded with the Santa Barbara County Clerk-Recorder, the public utility easement as shown in Exhibit A and described in Exhibit B shall no longer be or constitute a public utility easement; and
3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
///
2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 6th day of June 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
EXHIBIT A – Vicinity Map
EXHIBIT B – Legal Description
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
FOR THE COUNCIL MEETING OF JUNE 6, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Assistant City Manager
SUBJECT: American Rescue Plan Act (ARPA) – June 2023 Update
Description:
The City Council will receive a presentation on an update to American Rescue Plan Act of 2021 ( ARPA) projects and the actions being taken by the City to advance project s consistent with City Council ARPA strategic priorities.
Environmental Notice: The activity is not a “Proj ect” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
BACKGROUND:
The United States Congress took action to provide financial assistance to the City of Santa Maria and other governments across the country to both mitigate the financial impacts of COVID , as well as stimulate economic recovery. Signed into law on March 11, 2021, the ARPA provides $350 billion in additional funding for state and local governments.
The intent of the ARPA legislation is designed to address the unprecedented coronavirus health and economic recovery. The legislation provides broad statements regarding the use and restrictions of these funds.
The City of Santa Maria is committed to taking all possible steps to invest ARPA funds in projects that will have a significant public benefit. However, the project list is not considered final, which will allow the City to remain flexible as pro ject feasibility and priorities evolve.
At the January 18, 2022 City Council meeting, the City Council received an update from staff on the current progress on projects aligned with the City Council’s three strategic priorities.
DISCUSSION:
The City has received approximately $37.2 million in ARPA funds and must spend these grant funds relatively quickly, within roughly three and one -half years, by December 31, 2024. Pursuant to prior City Council direction , below are the three strategies for ARPA funds:
2 1. Reimburse costs incurred and revenue lost as a result of COVID-19.
2. Invest this one -time funding in projects that can be completed in the required timeline and increase ongoing revenues or reduce ongoing costs.
3. Strengthen the City’s financial position to prepare for future fiscal emergencies.
City staff conducted a robust process to identify and develop projects. This process ensured that City Council strategic guidance set priority for project selection and that each project meets the U.S. Treasury rules for eligibility. Subsequently, these projects were brought before the City Council for approval and status updates. The projects that were approved by City Council are at various stages of planning and execution.
There are several key project highlights since the last update to City Council. The potential clawback of ARPA funds reported in the media is not expected to affect the City’s award of $37.2 million. Staff confirmed with the City’s legislative advocate and ARPA consultant that the potential de-obligation of ARPA funds will only affect funds that are still held by the federal government. The funds that have already been awarded to recipients, such as the City, are not at risk of clawback.
Also, following City Council direction, $10M was used to reimburse the General Fund for the assumed (by US Treasury) revenu e loss associated with COVID-19. This revenue loss standard allowance enabled the City to redirect ongoing revenues such as sales tax and property tax to other City needs.
At this time, all Council-approved projects are on track and not at risk, and they represent a full commitment of the ARPA funds received.
A presentation will be made by City Manager Jason Stilwell , Assistant City Manager Andrew Hackleman, and Finance Director Mary Harvey with an update of ARPA projects and include a list of projects that currently exist and what is proposed.
Alternative(s)
This presentation does not offer alternatives and is intended as an update only for the City Council to receive.
Fiscal Considerations
This item does not have any direct fiscal considerations and is intended as an update on project commitments that have already been made.
Impact to the Community
The impact to the community will be reflected in significant infrastructure improvements to the City, as projects are brought before the City Council for approval and execution.
ATTACHMENT: ARPA Worksheet_2023-06-06
AMERICAN RESCUE PLAN ACT (ARPA) PROJECTS
As of May 18, 2023
Project Name Report Category Sub-Category City Budget
Amount
Total
Expenditures
Total
Obligations
Total
Expenditures &
Obligations
Remaining
Budget Project Status City Council's
ARPA Strategy*
PG&E - HVAC
Refurbishment,
Replacement & Controls
1. Public Health 1.4 Prevention in
congregate settings
(nursing homes,
prisons/jails, dense work
sites, schools, etc.)
$7,036,823 $670,828 $6,365,995 $7,036,823 $0 PG&E preparing the design drawings for submittal to the
Building Department.
Construction to begin in
FY23/24.
2 Surface Seal and Heavy
Rehabilitation of Park and
Recreation Center
Parking Lots
2. Negative Economic
Impacts
2.37 Economic
Assistance Other (Social
Determinants of Health:
Other)
$900,000 $0 $0 $0 $900,000 Staff to utilize the on-call pavement contractors to
complete the work. Work to
Commence in early FY 23/24
2 Knudsen Sewer Project 5. Infrastructure 5.2 Centralized Wastewater Collection &
Conveyance
$605,000 $12,126 $45,150 $57,276 $547,724 Construction start week of May 15, 2023.
2 Waste Water Treatment
Plant Connection to the
Fiber Ring
5. Infrastructure 5.18 Water and Sewer
Other: (Cyber Security)
$328,000 $0 $260,400 $260,400 $67,600 Project underway. Completing design and permitting phases.
Expected delivery by end of
fiscal year (June 2023).
2 License Plate Reader
Project
1. Public Health 1.11 Community
Violence Interventions
$1,275,000 $956,436 $318,564 $1,275,000 $0 In Work - Additional 104 cameras ; 96 have been
installed, remaining 8 are in the
permitting/planning stage with
CalTrans.
2 Broadband Last Mile and
Accessibility/
Affordability
5. Infrastructure 5.21 Broadband: Other
projects
$70,000 $69,810 $0 $69,810 $190 Complete. SBCAG payment was made and Strategic Plan has
been completed by SBCAG and
the Broadband Consortium of
the Central Coast.
2 7 Positions for HR/
Risk/CMO/Finance to
support COVID workload
3. Public Health-
Negative Economic
Impact: Public Sector
Capacity
3.5 Public Sector
Capacity: Administrative
needs
$1,603,478 $630,870 $0 $630,870 $972,608 In Progress: As of May 2023, seven ARPA requested positions
have been filled. These are fixed-
term positions with an end date
of June 30, 2024.
2 Homeless safety and
quality of life project
2. Negative Economic
Impacts
2.37 Economic
Assistance Other (Social
Determinants of Health:
Other)
$300,000 $59,189 $74,254 $133,443 $166,557 Funding in use for ongoing encampment clean-ups. Future
contract for homeless case
coordination.
2
AMERICAN RESCUE PLAN ACT (ARPA) PROJECTS
As of May 18, 2023
Project Name Report Category Sub-Category City Budget
Amount
Total
Expenditures
Total
Obligations
Total
Expenditures &
Obligations
Remaining
Budget Project Status City Council's
ARPA Strategy*
Downtown Revitalization
Project (Water & Sewer
infrastructure)
5. Infrastructure TBD $1,500,000 $0 $0 $0 $1,500,000 Pending scope and design; need a Feasibility Study. Project
Should Be Programmed By
12/31/2024 & Implemented By
12/31/2026.
2 Sports Lighting 3 projects 2. Negative Economic
Impacts
2.37 Economic
Assistance Other (Social
Determinants of Health:
Other)
$3,972,079 $399,359 $3,572,670 $3,972,029 $50 Lighting design complete.
Geotechnical analysis complete,
consultant preparing the
foundation design. Commence
construction in 23/24.
2 Chapel Street Parking Lot
Renovation (Chapel Plaza)
2. Negative Economic
Impacts
2.37 Economic
Assistance Other (Social
Determinants of Health:
Other)
$950,000 $680,252 $269,748 $950,000 $0 Project complete, working on punch list items prior to
acceptance.
2 IT Equipment 1. Public Health 1.4 Prevention in
congregate settings
$356,260 $356,260 $0 $356,260 $0 Complete: IT equipment purchased for virtual meetings
and teleworking capabilities
required for continuity of critical
government services.
2 Essential Worker
Premium Pay
4. Premium Pay 4.1 Public Sector
Employees
$5,815,943 $5,815,943 $0 $5,815,943 $0 Complete: Payments made to eligible employees.
1 Personal Protective
Equipment
1. Public Health 1.5 Personal Protective
Equipment; 1.2 COVID-
19 Testing; 1.4
Prevention in congregate
settings.
$160,664 $130,732 $0 $130,732 $29,932 Complete: PPE purchased in response to the public health
emergency for City employees
and customers.
1 Administrative Costs 7. Administrative 7.1 Administrative Expenses
$74,900 $30,065 $44,435 $74,500 $400 In Progress: Administrative costs for support with project
research, reporting, and record
retention.
2 Emergency Paid Sick
Leave (EPSL)
3. Public Health-
Negative Economic
Impact: Public Sector
Capacity
3.1 Public sector
workforce
$159,579 $159,579 $0 $159,579 $0 Complete: EPSL hours were used by employees whose
ability to work was hindered by
COVID. The budgeted amount is
the portion not reimbursed
through other grant funding
sources.
1
AMERICAN RESCUE PLAN ACT (ARPA) PROJECTS
As of May 18, 2023
Project Name Report Category Sub-Category City Budget
Amount
Total
Expenditures
Total
Obligations
Total
Expenditures &
Obligations
Remaining
Budget Project Status City Council's
ARPA Strategy*
Revenue Loss 6. Revenue
Replacement
6.1 Provision of
Government Services
$10,000,000 $10,000,000 $0 $10,000,000 $0 Complete: Revenue replacement funds were
allocated to the General Fund
for the reimbursement of
salaries and benefits in fiscal
year 2021-22
1 Council Chambers/
Broadcast Tower
modernization
3. Public Health-
Negative Economic
Impact: Public Sector
Capacity
3.4 Public Sector
Capacity: Effective
Service Delivery
$300,000 $0 $0 $0 $300,000 In progress. Vendor has been selected and equipment is on
order. Expected completion
September 2023.
2 Total ARPA Projects $35,407,726 $19,971,449 $10,951,216 $30,922,665 $4,485,061 Total ARPA Award $37,190,243
Unallocated Funds $1,782,517
Revised: 5/18/2023
*City Council's ARPA Strategy: 1. Reimburse costs/revenue loss from COVID; 2. Invest in one-time Projects; 3. Strengthen City finances