CITY COUNCIL AGENDA
CITY OF SANTA MARIA, CALIFORNIA
Tuesday, August 1, 2023
CLOSED SESSION - 5:00 P.M.
REGULAR SESSION - 5:30 P.M.
Oral Comments during the meeting:
In-person format. Attend the meeting in-person in the City Hall Council Chambers at 110 East Cook Street, Santa Maria, and submit a request to speak to the Clerk or City staff. •
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Public Written Comments prior to the meeting (must be received by 2:00 p.m. in advance of the meeting*):
Email - Submit Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.
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Mail - Delivered by the U.S. Postal Service. Address letters to the City Council, Attn.: City Clerk's Office at 110 East Cook Street, Santa Maria, CA 93454. Letters will not be read aloud during the meeting.
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*All written correspondence will be distributed to Councilmembers and attached to the associated meeting agenda (under Public Comment or Agenda Item); however, submissions received after the deadline will not be processed until the following day.
How to watch the meeting from home:
Comcast Channel 23 - Live during the meeting, and rebroadcast on Thursday at 9:00 a.m. after the meeting and again on Tuesday at 5:30 p.m. the following week.
1. Live Webcast - Online from the Agenda Center & Meetings Portal (select meeting date) or at https://video.isilive.ca/santamaria/live.html. Note - When no meeting is streaming, the window
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You Tube Live Stream - You Tube Webcast.
Note: Live Webcast and You Tube Live are typically available within 15 minutes before the start of the meeting. There is a delay of about 15-30 seconds with both the Live Webcast and You Tube Live Stream.
3. Zoom Meeting Portal - Registration is required (link above) even for observing the meeting.4.
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.
CLOSED SESSION
1. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino
2. PUBLIC COMMENT PERIOD
In-person oral comments will be accepted during this time. There is no Zoom participation available for the Closed Session Public Comment period. Written comments may be submitted per the instructions above.
3. RECESS-CLOSED SESSION
The City Council will immediately recess to a closed session for the following:
3.a PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Section 54957 of the Government Code.
Title: City Manager & City Attorney
4. RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P.M.
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino
8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
9. PROCLAMATIONS
There are no Proclamations.
10. PRESENTATIONS
10.a Presentation of the GROW Initiative Cohort I
To receive a presentation regarding the Alignment Project update and present a Certificate of Recognition to the GROW Initiative Cohort I graduates.
11. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
The City Council values your input. Instructions are provided above (page 1) for communicating with the City Council. Individual speakers are limited to three minutes or as directed by the Mayor.
12. 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.
12.a CITY MANAGER/CITY CLERK DEPARTMENT
12.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.
12.a.2 Approval of Minutes
RECOMMENDATION:
Approve the Minutes of the regular City Council meeting of July 18, 2023.
12.a.3 Designation of Voting Delegate and Alternate for the 2023 League of California Cities
The City Council will consider voting delegations for the League of California Cities Annual Conference.
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:
Delegate (by way of Minute Order) Mayor Alice M. Patino as the voting delegate and City Manager Jason Stilwell as the alternate for the League of California Cities Annual Conference.
12.a.4 Request to Cancel the September 5, 2023, City Council Meeting The City Council will consider approving the cancellation of the regular City Council meeting scheduled on September 5, 2023.
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 cancelling the regular City Council meeting scheduled on September 5, 2023.
12.b FINANCE DEPARTMENT
12.b.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.
12.b.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.
12.c POLICE DEPARTMENT
12.c.1 Agreements with School Districts For Law Enforcement Services The City Council will consider authorizing the City of Santa Maria to enter into agreements for Law Enforcement services between the Santa Maria Police Department and Santa Maria Joint Unified High School District and future agreements for law enforcement services between the Santa Maria Police Department and local school districts.
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:
1. Adopt a Resolution approving two agreements for law enforcement services between the Santa Maria Police Department and the Santa Maria Joint Unified High School District; and
RECOMMENDATION:
2. Adopt a Resolution authorizing the City of Santa Maria to enter into future agreements for law enforcement services between the Santa Maria Police Department and local school districts.
13. REGULAR BUSINESS
ORDER OF PROCEEDINGS FOR REGULAR BUSINESS ITEMS:
Council Agenda Report to be given.
Questions from the City Council.
Written Communications/Public input.
City Council discussion and action.
13.a Cooperative Agreement with Santa Barbara County Association of Governments for Measure A North County Subregion Program – Safe Routes to School Bicycle and Pedestrian Program
The City Council will consider approving an agreement to receive reimbursement funds from Measure A North County Subregion Program for the City-Wide School Crossing Improvement Project.
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 to enter into a Cooperative Agreement with the Santa Barbara County Association of Governments (SBCAG) for reimbursement of Measure A North County Subregion Program funding for the City-Wide School Crossing Improvement Project.
14. REPORT BY CITY MANAGER
15. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234
REPORTS)
16. ADJOURNMENT
PLEASE NOTE:
The next regular meeting of the City Council will be held on August 15, 2023, at 5:30 p.m.
The deadline for submitting items for the August 15th meeting is August 2, 2023.
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.
FOR THE COUNCIL MEETING OF AUGUST 1, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Chief Human Resources Officer
SUBJECT: Presentation of the GROW Initiative Cohort I
To receive a presentation regarding the Alignment Project update and present a Certificate of Recognition to the GROW Initiative Cohort I graduates.
BACKGROUND:
The City Council has established the organizational direction for the City of Santa Maria to build a more efficient, effective, and accountable governance model that strives to achieve the highest level of customer service at every level of the organization.
The Alignment Project is the City’s workforce management system that anchors business practices and initiatives to allow the City to meet its talent needs and close critical gaps in competencies. The Alignment Project’s main objectives are as follows:
Administer and support business approaches to ensure the City’s long -term leadership needs are met. Leadership is at all levels of the organization. Assess the competencies needed to support and grow the City and identify gaps. Forecast future workforce needs and plan strategies to develop workforce competencies that support the City’s goals, vision, mission, and values. Provide the workforce with continuous learning opportunities, including opportunities for upskilling and reskilling.
Develop strategies to maintain a robust workforce that has the talent to implement the City’s current and future strategy and goals.
The Alignment Project provides exciting opportunities for employees. The focus is on continual learning and development, and recognition of performance.
DISCUSSION:
A high-performance organizational culture is a culture in which the City strives for thei r employees to perform exceptionally well because they are engaged, valued , and continually learning. This gives their work a sense of purpose, instilling in them a continuous improvement mindset , and a dedication to the City’s mission that drives performance. The GROW Initiative is a building block of learning and development built on a set of competencies that are encouraged by learning and translating learning into action to achieve public service and create greater value. 2 The City and the University o f California, Santa Barbara Professional and Continuing Education (UCSB PaCE) began the partnership in June 2022 to plan, design , and develop the Management Training for Public Administrators (MTPA) certificate program in courses including project managem ent; building high-performing teams; collaborative dispute resolution; negotiations and influence strategies; foundations of leadership; foundations of accounting; budgeting; marketing principles; organizational and personal branding; decision making; foundations of human resources; and ethics.
The City’s inaugural class, referred to as Cohort I, completed the 15-week, instructor-led program whose work culminated in a capstone project that identified opportunities to enhance the City’s extension 8200 phone line, which is a number dedicated to providing translation for Spanish-speaking residents. Each cohort member completed a minimum of 120 hours of instruction. Factoring in the time dedicated to homework and the capstone project, Cohort I devoted an estimated 1300 hours to completing the GROW Initiative. On July 20, 2023, Cohort I graduated from GROW and received a professional certificate in Management Training for Public Administrators from UCSB PaCE. To further recognize their outstanding accomplishme nt, GROW Cohort I will also receive a Certificate of Recognition from City Council.
The following City staff graduated from the GROW Initiative: Kristina Aguilar (City Manager’s Office, Human Resources), Erica Anaya (City Manager’s Office, Human Resources), Alma Mendez (City Manager’s Office, Human Resources), Nancy Meraz (Finance Department), Cindy Muto-Morrison (Public Works Department), Dawn Palacios (Community Development Department), Mark van de Kamp (City Manager’s Office, Administration), Alicia Vel a (Community Development Department), and Carol Ziesenhenne (Community Development Department).
1 CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA
July 18, 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 Carlos Escobedo, Councilmember Gloria Soto
Members Absent: Councilmember Mike Cordero
Staff Present: City Manager Jason Stilwell, City Attorney Thomas Watson, Fire Chief Bradley Dandridge, Deputy Fire Chief Jim Clayton, Director of Public Works Brett Fulgoni, Assistant City Manager Andrew Hackleman, Director of Finance Mary Harvey, Library Director Dawn Jackson, Chief Human Resources Officer Linda Le, Chief Information Officer Jeffrey Marecic, Deputy Director of Recreation & Parks Angela Oslund, Director of Recreation & Parks Alex Posada, Chief of Police Marc Schneider, Recreation Manager Dennis Smitherman, Director of Utilities Shad Springer, Director of Community Development Chuen Wu, Business Program Leader Alexandra Valadez, Chief Deputy City Clerk Rhonda White
_____________________________________________________________________
1. INVOCATION
Tim Mossholder with Santa Maria Foursquare Church gave the Invocation.
2. PLEDGE OF ALLEGIANCE
Councilmember Soto led the Pledge of Allegiance.
3. CALL TO ORDER
Mayor Patino convened the meeting and called the meeting to order at 5:36 p.m.
4. PRESENTATIONS / PROCLAMATIONS
4.a Swearing-in and Badge Pinning for New Fire Chief
City Manager Stilwell introduced the incoming Fire Chief Bradley Dandridge, Mayor Patino administered the ceremonial Oath of Office, followed by the badge pinning by his father, Arthur Dandridge.
2 4.b Presentation of the Summer 2023 Class of Hometown Heroes The City Council received a presentation of the 2023 Summer Class of Honorees for the Hometown Heroes program recognizing Santa Maria residents who are actively serving in the military, veterans of the United States military, first responders, or essential workers by displaying a celebratory banner with the honoree's photograph and branch of service. The Honorees were: Mike Miranda (Police Officer); Richard Lane Parker (California Nation al Guard); Lisa Adams (Essential Worker); Amy Argentieri (Essential Worker - Education); Leo Avila (Essential Worker - Education); Ginny Barnett (Essential Worker - Education); Ralph Castillo (Marine Corps & Firefighter -Engineer); Henry Thomas Davis (Air F orce); David Flores H. (Army); Mark Shane Jensen (Marine Corps); Kevin Kolthoff (Essential Worker - Education); Jennifer Montanez (Essential Worker - Education); Tony B. Nurillo (Navy); Nathan Resendez (Marine Corps); Steven Jay Robbins (Army); Joe Rodrigu ez (Army); Clifford Louis Tanore (Army); Patricia Villalobos (Essential Worker - Education); and Julian E. White IV (Navy & Firefighter).
4.c Retirement Resolution for Water System Operator II Thomas "Tim" McNulty The City Council adopted a Resolution comm ending Water Systems Operator II Thomas "Tim" McNulty for 33 years of exemplary service.
Action: Adopted as Resolution No. 2023-104.
Moved by: Councilmember Aguilera-Hernandez
Seconded by: Councilmember Escobedo
Adopt a Resolution commending Water System O perator II Thomas “Tim” McNulty for 33 years of exemplary service.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
4.d Businesses of the Month – July 2023
Certificates were presented to the featured Businesses of the Month for July 2023 – Maya Restaurant and CALM. Owner Tere Paredes and Director of Development Ashley McCague, and North County Development Manager Shelby McLean accepted the certificates, respectively.
4.e Proclamation – “LGBTQ+ Pride Month”
The City Council presented a Proclamation recognizing the month of June 2023, as “LGBTQ+ Pride Month” in the City of Santa Maria and encouraging all residents and businesses to respect the entire community and build a culture that strives for equity and eq uality for all people. Members of House and Pride & Equality accepted the Proclamation.
5. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
3 Gary Hall representing North Santa Barbara County Mobilehomeowners Team (NSBMHT) spoke about the concerns the Mobile homeowners Team has regarding the pace of negotiations. Mr. Hall stated that the negotiations will continue with City staff at a meeting on July 21, 2023, and he looks forward to continuing working together.
City Manager Jason Stilwell confirmed Mr. Hall's mention of the upcoming meeting between members of NSBMHT. Mr. Stilwell mentioned that City staff also looks forward to continuing discussions with NSBMHT. City Manager Stilwell introduced Deputy Fire Chief Jim Clayton to provide the City Council with an update on the Fourth of July Fireworks activities.
Deputy Fire Chief Clayton expressed the City's efforts to mitigate the use of illegal fireworks during the Fourth of July holiday by using public safety videos and drone videos. Through the drone videos, Deputy Chief Clayton reported that 12 to 15 likely citations were identified, along with 6 to 8 citations still under review by the City Attorney's Office. Additionally, Deputy Fire Chief Clayton mentioned that 11 citations were identified by Fire Preventio n Officers and 14 citations were identified by the Police Department.
6. CONSENT CALENDAR
Consent Calendar Items 6.a through 6.c were approved as presented, including the adoption of Resolution Nos. 2023-105 and 2023-106. The recorded vote appears with each item below.
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
Adopt the Consent Calendar as submitted.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
6.a CITY MANAGER/CITY CLERK DEPARTMENT
6.a.1 Ordinances and Resolutions
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
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.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
4 Motion carried by a recorded vote (4 to 0)
6.a.2 Approval of Minutes
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
Approve the Minutes of the regular City Council meeting of June 20, 2023.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
6.b FINANCE DEPARTMENT
6.b.1 Payment of Warrants
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
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.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
6.b.2 Payment of Payroll
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
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.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
5 6.b.3 Establishing the City of Santa Maria’s FY 2023-24 Appropriation Limit Action: Adopted as Resolution No. 2023-105
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
Adopt a Resolution establishing the City of Santa Maria’s FY 2023-24 appropriation limit.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
6.c POLICE DEPARTMENT
6.c.1 Donation of Drone Equipment from the Santa Maria Police Council Action: Adopted as Resolution No. 2023-106
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
Adopt a Resolution approving the donation of drone equipment to the Santa Maria Police Department from the Santa Maria Police Council.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
7. APPOINTMENTS
7.a Annual Boards & Various Appointments – July 2023
Moved by: Councilmember Aguilera-Hernandez
Seconded by: Councilmember Escobedo
Block Grants Advisory Committee
The Mayor and each Councilmember considered appointments for a term of three years ending in July 2026. Councilmember Soto also has one nomination for the unexpired term ending in July 2025.
Incumbents:
Esther Acosta (Councilmember Moats/Escobedo)
Jose Aguilera-Galvan (Mayor Patino)
Isaac Berumen (Councilmember Cordero)
6 Yvonne Teniente (Councilmember Soto)
Vacant (Aguilera-Hernandez)
Incumbents Yvonne Teniente a nd Jose Aguilera-Galvan did not reapply. Incumbents Esther Acosta and Isaac Berumen did reapply, and new applications were received from the following:
New Applicants:
Mackenzie Greeley
Sally Lopez
Councilmember Aguilera -Hernandez nominated Sally Lopez and Mayor Patino nominated Mackenzie Greeley. Each nomination to serve a term ending in July 2026.
Councilmembers Escobedo and Soto asked to postpone their nominations to a later date. City Manager Jason Stilwell indicated that due to Councilmember Cordero's inability to make his nominations at this meeting, the appointments would be brought back to the City Council in August. Business Program Leader Alexandra Valadez indicated that staff would continue to advertise the four vacancies and present the applications in August, as indicated by the City Manager.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
Moved by: Mayor Patino
Seconded by: Councilmember Aguilera-Hernandez
Library Board of Trustees
Mayor Patino considered one appointment for a term of three years ending in July 2026.
Incumbents:
Laura Selken (Mayor Patino)
Incumbent Laura Selken has reapplied, and one new application was received from the following:
New Applicant:
Mary Lynn Stovall
Laura Selken was reappointed to serve a term ending in July 2026.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
7 Moved by: Mayor Patino
Seconded by: Councilmember Aguilera-Hernandez
Santa Barbara County Library Advisory Committee
Mayor Patino considered one appointment for a term of one year ending in July 2024.
Incumbent:
Betty Gunn (Mayor Patino)
Incumbent Betty Gunn has reapplied.
Betty Gunn was reappointed to serve a term ending in July 2024.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
Moved by: Mayor Patino
Seconded by: Councilmember Aguilera-Hernandez
Central Coast Community Energy
Mayor Patino appointed Assistant City Manager Andrew Hackleman as the Alternate Member to Central Coast Community Energy Operations Board.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
8. PUBLIC HEARING
8.a Landscape Maintenance Districts – 2023 Assessments
The City Council considered confirming the diagrams and assessment rates for the Northeast, Northwest, South Miller/South College Drive, and Southwest Landscape Maintenance Districts and their 19 associated Special Benefit Zones for Fiscal Year 2023-2024.
Public Input
Mayor Patino opened the public hearing at 6:43 p.m. and, having no requests to speak, immediately closed the public hearing.
Action: Adopted as Resolution No. 2023-107.
8 Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
1. Adopt a Resolution confirming the diagram and assessment rates for the Northeast Landscape Maintenance Assessment District No. DS-10 and its associated Special Benefit Zones for Fiscal Year 2023-2024.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
Action: Adopted as Resolution No. 2023-108.
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
2. Adopt a Resolution confirming the diagram and assessment rates for the Northwest Landscape Maintenance Assessment District No. DS -9 and its associated Special Benefit Zones for Fiscal Year 2023-2024.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
Action: Adopted as Resolution No. 2023-109.
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
3. Adopt a Resolution confirming the diagram and assessment rates for the South Miller/South College Drive Landscape Maintenance Assessment District No. DS-6 and its associated Special Benefit Zones for Fiscal Year 2023-2024.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
Action: Adopted as Resolution No. 2023-110.
9 Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
4. Adopt a Resolution confirming the diagram and assessment rates for the Southwest Landscape Maintenance Assessment District No. DS -11 and its associated Special Benefit Zones for Fiscal Year 2023-2024.
For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Escobedo, and Councilmember Soto
Absent (1): Councilmember Cordero
Motion carried by a recorded vote (4 to 0)
9. REPORT BY CITY MANAGER
City Manager Stilwell reported that the next City Council Meeting would be August 1 st. Items on the agenda would include an agreement for School Resource Officers, a request for cancellation of the September 5th and September 19th City Council meetings, and a presentation of the 1st graduating class of the City's GROW Initiative partnership with UCSB.
10. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS) Councilmember Soto reported that she attended the Santa Maria Airport District Meeting and a Water & Sewer Rates Briefing.
Councilmember Aguilera-Hernandez reported t hat she attended a Local Leader Roundtable at Diablo Canyon Powerplant, a Water & Sewer Briefing, Traffic Committee Meeting, Fair Kick -Off Event, Meeting with Congressman Salud Carbajal, Santa Barbara County Fair Pre -Party, and the Downtown Revitalization Committee Meeting.
Councilmember Escobedo had no AB1234 report.
Mayor Patino reported that she attended 3CE Policy Board of Directors Meeting, Antelope Valley Field Trip, Rick Blaemire Show, Marian Residency Program Graduation, Project Opiod Meeting, Maria n Regional Medical Center Foundation Board Meeting, Luncheon at Merrill Gardens, Water Policy Meeting with Chamber, Livable CA Teleconference, Performing Arts/Conference Center Feasibility Meeting, 99th Annual Pioneer Picnic, Santa Maria Valley Sports Hist ory Club, PAC Steering Committee Meeting, Legacy Society Luncheon, Rotary, Fairpark Pre -Party, North County Subregional Committee, Space Launch Delta 30 Change of Command, Livable CA Teleconference, Santa Barbara County Fair, Fentanyl Town Hall Meeting Dis cussion, CA Strawberry Commission Meeting. Mayor Patino also announced the upcoming Concerts in the Park schedule.
11. ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned at 6:51 p.m.
10 _________________________
Rhonda M. White, Chief Deputy City Clerk
_________________________
Alice M. Patino, Mayor
FOR THE COUNCIL MEETING OF AUGUST 1, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: City Manager
SUBJECT: Designation of Voting Delegate and Alternate for the 2023 League of California Cities
Description:
The City Council will consider voting delegations for the League of California Cities Annual Conference.
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:
Delegate (by way of Minute Order) Mayor Alice M. Patino as the voting delegate and City Manager Jason Stilwell as the alternate for the Le ague of California Cities Annual Conference.
BACKGROUND:
Each year, as a component of the City’s membership with the League of California Cities (League), Voting Delegates are appointed to represent the City’s position on resolutions at the General As sembly Meeting at the League’s annual conference. This year’s conference is being held on Wednesday, September 20th through Friday, September 22nd in Sacramento.
DISCUSSION:
Before the League General Assembly Meeting, a city must have its City Council designate a voting delegate and alternate (in the event the voting delegate cannot serve in that capacity) to vote at the Annual General Assembly Meeting. The League membership considers and acts on resolutions that establish League policy. The League wil l finalize and distribute a packet of resolutions by the end of August.
Alternative(s)
The City Council could decide not to appoint a Voting Delegate or Alternate for the Annual General Assembly meeting for the League; however, not doing so , eliminates the City’s opportunity to provide its input and participate in the development of the League’s policies 2 on advocacy for local decision-making authority and lobbying against statewide policies that erode local control.
Fiscal Considerations
Sufficient funds have been budgeted for participation in this conference.
Impact to the Community
The conference provides valuable networking and educational opportunities for the City’s elected officials and staff.
ATTACHMENT Voting Delegate/Alternate Form-2023
CITY: ________________________________________
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Nam
e: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
SANTA MARIA
Alice M. Patino [email protected]
Mayor
Jason Stilwell
City Manager
[email protected]
Rhonda M. White
Chief Deputy City Clerk [email protected]
8/2/2023 805-925-0951 x2306
FOR THE COUNCIL MEETING OF AUGUST 1, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Chief Deputy City Clerk
SUBJECT: Request to Cancel the September 5, 2023, City Council Meeting
Description:
The City Council will consider approving the cancel lation of the regular City Council meeting scheduled on September 5, 2023.
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 cancelling the regular City Council meeting scheduled on September 5, 2023.
BACKGROUND:
Section 2-1.01 of the Santa Maria Municipal Code sets the time, day, and place for holding City Council meetings to discuss items of City business. The Council has the authority to cancel meetings due to lack of a quorum or lack of business items.
DISCUSSION:
While many cities go “dark” for a meeting or two during the summer months or holiday season, the Santa Maria City Council has always met on the first and third Tuesday of each month with no pre-determined scheduled breaks.
Due to the Labor Day holiday being scheduled the day prior to a scheduled Council meeting, staff is recommending that the City Council cancel the first meeting in September and address any items that arise between now and then at the October 3, 2023, City Council meeting.
It is likely the September 19, 2023 City Council may also be cancelled due to a conflict with the annual League of California Cities conference in Sacramento that week. A majority of City Council and a number of staff are attending the Conference to receive the annual legislative updates, training, continuing education credits, and municipal partner coordination.
2 Alternative(s)
The City Council could decide to not cancel the September 5th regular meeting; however, not doing so may result in there not being a quorum of the City Council and the absence of key staff due to the holiday and planned vacations.
The City Council can elect to cancel both the September 5 and September 19 meetings at this time.
Fiscal Considerations
There is no foreseeable impact as a result of this agenda item.
Impact to the Community
While the public will not have the ability to bring concerns to the City Council on September 5, 2023, due to the cance llation of the meeting, Councilmembers and staff remain available by email or telephone to address residents’ concerns during the regular business days prior to the holiday and thereafter.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, CANCELLING THE
REGULAR CITY COUNCIL MEETING ON SEPTEMBER 5, 2023
WHEREAS, the City Council meets on a regular schedule twice a month , on the first and third Tuesdays; and
WHEREAS, the City Council has the authority to cancel meetings when necessary; and
WHEREAS, it has been determined that the conflicting Labor Day holiday warrants the cancellation of the September 5, 2023, City Council meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Maria that the September 5, 2023, City Council meeting is cancelled.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 1st day of August 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
By:
City Attorney
APPROVED AS TO CONTENT:
By:
Department Director
By:
City Manager
FOR THE COUNCIL MEETING OF AUGUST 1, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Chief of Police
SUBJECT: Agreements with School Districts For Law Enforcement Services
Description:
The City Council will consider authorizing the City of Santa Maria to enter into agreements for Law Enforcement services between the Santa Maria Police Department and Santa Maria Joint Unified High School District and future agreements for law enforcement services between the Santa Maria Police Department and local school districts.
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.
RECOMMENDATIONS:
1. Adopt a Resolution approving two agreements for law enforcement services between the Santa Maria Police Department and the Santa Maria Joint Unified High School District; and
2. Adopt a Resolution authorizing the City of Santa Maria to enter into future agreements for law enforcement services between the Santa Maria Police Department and local school districts.
BACKGROUND:
The Santa Maria Police Department (SMPD) has provided School Resource Officers to school districts since 1997 when the first Challenge Grant was implemented to address truancy and juvenile offenders. Since that time School Resource Officers have been deployed to school districts on a regular basis. S tarting with agreements for services in 2014, funding has been provided by the districts to cover the costs of law enforcement services in partnership with the SMPD. Under the most recent agreement, SMPD provided up to five School Resource Officer positions at one point. Due to the Covid-19 pandemic and the ensuing staffing crisis, SMPD was forced to place these services on hold in December of 2021, as the staff was needed to support operations in other areas.
The department continued to work with the districts to p rovide supplemental law enforcement services on an as -needed basis for extracurricular activities if staffing was available.
2 SMPD and the districts realize the importance of providing and maintaining a safe campus environment free from drugs, violence, gang activity, truancy, and trespassing by non - students. SMPD is now in the process of re-building the School Resource Officer Program and can commit to two High School Resource Officer positions allocated to Santa Maria Joint Unified High School District (SMJUHSD) due to vigorous recruitment and retention efforts. Additional School Resource Officer positions may be added at the request of the districts and availability of staffing within the SMPD.
DISCUSSION:
The agreements will allow the City to re-establish School Resource Officers on campuses and provide additional law enforcement services to the districts that will meet the needs of both parties.
The agreement s outline the City’s and the districts’ responsibilities, annual costs, indemnification requirements, and termination provisions.
Alternative(s)
The alternative would be to not enter into agreements with the school districts to provide law enforcement services, resulting in the elimination of the School Resource Officer program.
Fiscal Considerations
The terms of the agreements will reimburse the City for the services provided.
The service expectations and formula costs will be reviewed annually by the Chief of Police and the respective school boards, with recommended adjustments submitted to each respective governing board for approval as part of the annual budget process.
The cost for City -provided services is based on the minimum service levels desired by the districts. Additionally, the SMJUHSD also agrees to pay all overtime costs associated with events outside the scope of the regular school day.
Impact to the Community
In addition to maintaining effective emergency response to the schools, the SMPD views the agreements as a valuable opportunity to continue to provide increased services to school districts. The districts will benefit from an established police presence resulting in shorter response times, as well as the partnership established by the agreements.
Other Agency Review
Upon the Mayor’s execution of the SMJUHSD agreement on behalf of the City of Santa Maria, the agreement will be presented to the SMJUHSD School Board for approval and will become effective prior to the first day of school for the calendar year of 2023-2024.
Future agreements will be presented to the respective districts’ boards for approval prior to the City’s execution of the agreement.
3 ATTACHMENTS
Attachment A: SMJUHSD Law Enforcement Services Agreement 2023-27 Attachment B: SMJUHSD Supplemental Law Enforcement Services Agreement 2023-27
Attachment A
SCHOOL DISTRICT
LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA MARIA
AND
SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE
RECITALS..................................................................................................................... ........................ 2
1.0 SCOPE OF SERVICES…………........................................................................... 2
2.0 ADMINISTRATION OF PERSONNEL............................................................... 3
3.0 DEPLOYMENT OF PERSONNEL........................................................ .............. 4
4.0 PERFORMANCE OF AGREEMENT.................................................................. 4
5.0 INDEMNIFICATION............................................................................................. 5
6.0 TERM OF AGREEMENT..................................................................................... 5
7.0 RIGHT OF TERMINATION................................................................................ 5
8.0 BILLING RATES................................................................................................... 6
9.0 PAYMENT PROCEDURES.................................................................... .............. 6
10.0 AMENDMENTS…………….................................................................... ............. 7
11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING ………………. 7
12.0 AUTHORIZATION WARRANTY.......................................................... ............. 7
13.0 GOVERNING LAW, JURISDICTION, AND VENUE ........................ .............. 8
14.0 NOTICES…………………………………………………........................ .............. 8
15.0 VALIDITY……………………………………………….......................... .............. 8
16.0 WAIVER.…………………………………………………........................ .............. 9
17.0 ENTIRE AGREEMENT………………………………………………................. 9
SIGNATURES………………………………………………………….….......................................... 10
2 SCHOOL DISTRICT
LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA MARIA
AND
SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
This School District Law Enforcement Services Agreement , hereinafter referred to as "Agreement," is entered into this ____day of August, 2023, by and between the City of Santa Maria, hereinafter referred to as "City," and the Santa Maria Joint Union High School District, hereinafter referred to as "District."
RECITALS
(a) Whereas, the Santa Maria Police Department, hereinafter referred to as “Police Department," o perates a School Resource Officer Program which provides law enforcement services to school districts within the City of Santa Maria; and (b) Whereas, the District is desirous of contracting with the City for the performance of law enforcement services by the Police Department as described herein; and (c) Whereas, the City is agreeable to rendering such services on the terms and conditions set forth in this Agreement; and
(d) Whereas, this Agreement is authorized by the California Government Code Section 53060, and California Education Code Section 35160.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties hereby agree as follows:
1.0 SCOPE OF SERVICES
1.1 The City agrees, through the Police Department of the City of Santa Maria , to provide law enforcement services for the District to the extent and in the manner set forth in this Agreement.
1.2 Except as otherwise specifically set forth in this Agreement, law enforcement services shall encompass duties and functions of the type coming within the jurisdiction of and customarily rendere d by the Police Department of the City of Santa Maria.
3 2.0 ADMINISTRATION OF PERSONNEL
2.1 The rendition of the se rvices performed by the Police Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so emplo yed shall remain with the City.
2.2 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the District shall be consulted and a mutual determination thereof sha ll be made by both the Police Department and the District.
2.3 With regard to sections 2.1 and 2.2 above, the Chief of Po lice, in an unre solved dispute, shall have final and conclusive determination as between the parties hereto.
2.4 All District employees who work in conjunction with the Police Department pursuant to this Agreement shall remain employees of the District and shall not have any claim or right to employment, civil service protection, salary, or benefits or cl aims of any kind from the City based on this Agreement. No District employees shall become employees of the City as a result of the performance of this Agreement.
2.5 For the purpose of performing services and functions pursuant to this Agreement and only for the purpose of giving official status to the performance thereof, every City officer and/or employee engaged in performing any such servic e and function shall be deemed to be an officer or employee of the District while performing such service for the District, as long as the service is within the scope of this Agreement and is a District function.
2.6 The District shall not be called upon to assume any liability for the direct payment of any Police Department salaries, wages, or other compensation to any Cit y personnel performing services hereunder for said District. Except as herein otherwise specified, the District shall not be liable for compensation or indemnity 4 to any City employee or agent of the Ci ty for injury or sickness arising out of his/her performance of services under this Agreement.
2.7 Notwithstanding any other provision of this Agreement, the Chief of Police may, at any time, cancel the provision of supplemental law enforcement services if the Chief of Police concludes that the Department has insufficient available personnel to perform both the supplemental law enforcement services requested by the District and the Departmen t’s other duties as required by law. In such cases, the Department shall provide notice to the District as soon as reasonably practical.
3.0 DEPLOYMENT OF PERSONNEL
As requested by the District, law enforcement services under this Agreement may be performed by dedicated police personnel and/or dedicated supervisory personnel.
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing law enforcement services, City shall furnish and supply all necessary labor, supervision, equipment, communicati on facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the District may provide additional resources for the City to utilize in performance of the services.
4.3 When and if both parties to this Agreement mutually agree as to the nec essity of maintaining a Police Department substation within the District or at District schools which would not nor mally be provided by the Police Department, the District shall furnish at its own cost and expe nse all necessary office space, furniture and furnishings, office supplies, janitor serv ice, telephone, electricity , water, and other utilities.
4.4 It is expressly further understood that in the event a loca l office or building is maintained in said District, such local office or bui lding may be used by the Police Department in connection with the performance of its duties in territory outside of the District, provided, however, that the performance of such o utside duties shall not be at any additional cost to the District. 5 4.5 It is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said District, the same shall be supplied by the District at its own cost and expense.
5.0 INDEMNIFICATION
5.1 The District shall indemnify, def end, and hold harmless the Cit y, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with t he District’s acts and/or omissions arising from and/or relating to this Agreement.
6.0 TERM OF AGREEMENT
The term of this Agreement shall commence upon execution by the Chief of Police and shall terminate June 30, 2027, unless sooner terminated or extended in whole or in part as provided for herein.
7.0 RIGHT OF TERMINATION
7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than sixty (60) calendar days prior thereto.
7.2 This Agreement may be terminated at anytime, with or without cause, by either party upon written notice given to the other party at least sixty (60) calendar days before the date specified for such termination.
7.3 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and each party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination.
8.0 BILLING RATES
8.1 For and in consideration of th e rendition of the law enforcement servi ces to be performed by the City for the District under this Agreement, the District shall pay the City for said services provided by Cit y under the terms of this Agreement at 6 the then current, appropriate, and prevailing billing ra tes as established by the City of Santa Maria, as may be amended from time to time. Billing rates at the time of this Agreement are attached as Exhibit A
9.0 PAYMENT PROCEDURES
9.1 The City, through the Police Department, shall render to the District within thirty (30) calendar days after the close of each calendar quarter a summarized invoice which covers all services performed during said quarter, or such time perio ds as otherwise agreed to between the parties in writing. T he District shall pay City for all undisputed amounts within sixty (60) calendar days after date of said invoice.
9.2 If such payme nt is not delivered to the Cit y office, which is described on sai d invoice, within sixty (60) calendar days after the date of the invoice, the Ci ty is entitled to recover interest thereon.
9.3 In the event of any disputed amounts , the District shall provide the Cit y with written notice of the dispute including the inv oice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received with in sixty (60) calendar days after the dispute resolution is memorialized.
9.4 Said interest shall be at a rate of ten percent (10%) per annum or any portion thereof, calculated from the date paymen t was due pursuant to Section 9.2 and Section 9.3 above.
9.5 Notwithstanding the provisions of California Gover nment Code section 907, if payment is not delivered to the Cit y office which is described on said invoice within sixty (60) calendar days after date of the invoice or the date of memorialized resolution, then the Ci ty may satisfy such indebtedness, including interest thereon, from any funds of the District on deposit with the City without giving further notice to the District of the City’s intention to do so.
7 10.0 AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by au thorized personnel of the City of Santa Maria City Council and the District. Notwithstanding, the Chief of Police or his designee shall be authorized to execute , on behalf of the Cit y, those Amendments and/or supplemental agreements referenced in Sections, 8.2, and 9.3 of this Agreement.
11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
A party shall not assign its rights and/or subcontract, or othe rwise delegate, its duties under this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempted assignment or delegation without such consent shall be null and void.
12.0 AUTHORIZATION WARRANTY
The District represents and warrants that the person executing this Agreement for the District is an authorized agent who has actual authority to bind the District to each and every term, condition, and obligation of this Agreement and that all requirements of the District have been fulfilled to provide such actual authority.
13.0 GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by, and cons trued in accordance with, the laws of the State of California. The parties agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agree and consent that venue of any a ction brought hereunder shall be exclusiv ely in the County of Santa Barbara.
14.0 NOTICES
Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand deli vered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person 8 named. Addresses and persons to be notified may be changed by either p arty by giving ten (10) calendar days prior written notice thereof to the other party.
Notices to the City shall be addressed as follows:
City of Santa Maria Police Department
Attn: Business Services Manager
1111 W. Betteravia
Santa Maria, CA 93455
Notices to the District shall be addressed as follows:
Santa Maria Joint Union High School District
Attn: Antonio Garcia, Superintendent
2560 Skyway Drive
Santa Maria, CA 93455
15.0 VALIDITY
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.
16.0 WAIVER
No waiver by the parties of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of the parties to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof.
17.0 ENTIRE AGREEMENT
This Agreement , and any executed Amendments hereto or thereto, constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 10 .0, Amendments, of this Agreement and signed by both parties.
9 SCHOOL DISTRICT LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
CITY OF SANTA MARIA
AND
SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
IN WITNESS WHEREOF , the City of Santa Maria City Council has caused this Agreement to be executed on its behalf by the Chief of Police of the City of Santa Maria and the District has caused this Agreement to be executed on its behalf by its duly authorized officer, on the dates written below.
Date: August ____, 2023
DISTRICT:
SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
By _________________________________
Antonio Garcia, Superintendent
Dated: Aug ____, 2023
ATTEST:
________________________________
City Clerk
Approved as to form:
________________________________
City Attorney
Approved as to content:
________________________________
Police Chief
CITY:
CITY OF SANTA MARIA
By: _____________________________
Mayor
Attachment B
SCHOOL DISTRICT SUPPLEMENTAL
LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA MARIA
AND
SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
TABLE OF CONTENTS
PARAGRAPH TITLE PAGE
RECITALS..................................................................................................................... ........................ 2
1.0 SCOPE OF SERVICES…………........................................................................... 2
2.0 ADMINISTRATION OF PERSONNEL............................................................... 4
3.0 RESERVED ...................................................................... 5
4.0 PERFORMANCE OF AGREEMENT.................................................................. 5
5.0 INDEMNIFICATION............................................................................................. 6
6.0 TERM OF AGREEMENT..................................................................................... 6
7.0 RESERVED ................................................................................ 7
8.0 BILLING RATES................................................................................................... 7
9.0 PAYMENT PROCEDURES.................................................................... .............. 8
10.0 AMENDMENTS…………….................................................................... ............. 8
11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING ………………. 9
12.0 AUTHORIZATION WARRANTY.......................................................... ............. 9
13.0 GOVERNING LAW, JURISDICTION, AND VENUE ........................ .............. 9
14.0 NOTICES…………………………………………………........................ .............. 9
15.0 VALIDITY……………………………………………….......................... .............. 10
16.0 WAIVER.…………………………………………………........................ .............. 10
17.0 ENTIRE AGREEMENT………………………………………………................. 10
SIGNATURES………………………………………………………….….......................................... 11
SCHOOL DISTRICT SUPPLEMENTAL
2 LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA MARIA
AND
SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
This School District Supplemental Law Enforcement Services Agreement, hereinafter referred to as "Agreement," is entered into this ________ day of August 2023, by and b etween the CITY OF SANTA MARIA, hereinafter referred to as "City," and the Santa Maria Joint Union High School District, hereinafter referred to as "District."
RECITALS
(a) Whereas, the District is desirou s of contracting with the City for the performance of supplemental law enforcement services by the Santa Maria Police Department, hereinafter referred to as "Police Department," to assist in providing safety, security, and order on or near school sites at regular or extracurricular school functions commensurate with the substantial problems and unusual needs presented by e ach function, including inter-scholastic athletic events, dances, and other school activities; and (b) Whereas, for the purpose of preserving public safety, the City is agreeable to rendering such services to the District, when staff is available at the Ci ty’s discretion, in excess of the basic level of services c ustomarily provided by the Police Department, if any, on the terms and conditions set forth in this Agreement; and
(c) Whereas, this Agreement is authorized by the California Government Code sectio n 53060, and California Education Code section 35160.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties hereby agree as follows:
1.0 SCOPE OF SERVICES
1.1 The City agrees, through the Police Department of the C ity of Santa Maria , to provide supplemental law enforcement services to the District during regular and extracurricular school functions on or near District school sites on a per event basis, when, in the sole discretion of the Chief of Police, it is beneficial to the City to do so and will not interfere with City’s staffing needs. 3 1.2 Except as otherwise specifically set forth in this Agreement, such supplemental law enforcement services shall only encompass dutie s and functions of the type coming within the jurisdiction of and customarily rendered by the Police Department of the City of Santa Maria.
2.0 ADMINISTRATION OF PERSONNEL
2.1 The rendition of the services performed by the Police Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so emplo yed shall remain with the City.
2.2 In the event of a dispute between the parties to this Agreement as to the exten t of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the District shall be consulted and a mutual determination thereof sha ll be made by both the Police Department and the District.
2.3 With regard to section s 2.1 and 2.2 above, the Chief of Police , in an unresolved dispute, shall have final and conclusive determination as between the parties hereto.
2.4 Notwithstanding any other provision of this Agreement, the Chief of Police may, at any time, cancel the provision of supplemental law enforcement services for any school function if the Chief of Police concludes that the Department has insufficient available personnel to perform both the supplemental law enforcement services requested by the District and the Department’s other duties as required by law. In such cases, the Department shall provide notice to the District as soon as reasonably practical.
2.5 All District employees who work i n conjunction with the Police Department pursuant to t his Agreement shall remain employees of the District and shall not have any claim or right to employment, civil service protection, salary, or benefits or cl aims of any kind from the City based on this Agreement. No District employees shall become employe es of the Cit y as a result of the performance of this Agreement.
4 2.6 For the purpose of performing services and functions pursuant to this Agreement and only for the purpose of giving official status to the performance thereof, every City officer and/or e mployee engaged in performing any such service and function shall be deemed to be an officer or employee of the District while performing such service for the District, as long as the service is within the scope of this Agreement and is a District function.
2.7 The District shall not be called upon to assume any liability for the direct payment of any Police Department salaries, wages, o r other compensation to any City personnel performing services hereunder for said District. Except as herein otherwise specified, the District shall not be liable for compe nsation or indemnity to any City employee or agent of the Ci ty for injury or sickness arising out of his/her employment as a contract employee of the District.
3.0 RESERVED
4.0 PERFORMANCE OF AGREEMENT
4.1 For the purpose of performing the requested supplemental law enforcement services, Ci ty shall f urnish and supply all labor, supervision, equipmen t, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the District may provide a dditional resources for the City to utilize in performance of the services.
4.3 When and if both parties to this Agreement mutually as to the nece ssity of maintaining a Police Department substation within the District or at District schools which would not nor mally be provided by the Police Department , the District shall furnish at its own cost and expense a ll necessary office space, furniture and furnishings, office supplies, j anitor s ervice, telephone, electricity , water, and other utilities.
4.4 It is expressly further understood that in the event a local office or building is maintained in said District, such local office or buil ding may be used by the Police D epartment in connection with the performance of its duties in territory 5 outside of the District, provided, however, that the performance of such outside duties shall not be at any additional cost to the District.
4.5 It is mutually agreed that in all insta nces where special supplies, stationery, notices, forms, and the like must be issued in the name of said District, the same shall be supplied by the District at its own cost and expense.
5.0 INDEMNIFICATION
5.1 The District shall indemnify, de fend, and hold harmless the Ci ty, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising fro m or connected with the District’s acts and/or omissions arising from and/or relating to this Agreement.
6.0 TERM OF AGREEMENT
The term of this Agreement shall commence upon execution by the Chief of Police and shall terminate June 30, 2027, unless sooner terminated or extended in whole or in part as provided for herein.
7.0 RESERVED
8.0 BILLING RATES
8.1 For and in consideration of th e rendition of the supplemental law enforcement services to be performed by the City for the District under this Agreement, the District shall pay the City for said serv ices provided by Ci ty under the terms of this Agreement at the then current, appropriate, and prevailing overtime hourly billing rates established by the City of Santa Maria, as they may be amended from time to time. Rates as of the date of this Agreement are listed in Exhibit A.
9.0 PAYMENT PROCEDURES
9.1 The City, through the Police Department, shall render to the District within thirty (30) calendar days after the close of each calendar quarter a summarized invoice which covers all services performed during said quarter, and the District shall pay City for all undisputed amounts within thirty (30) calendar days after date of said invoice.
6 9.2 If such payment is no t delivered to the City, through the Police Department , which is described on said invoice, within thirty (30) calendar days after the date of the invoice, the City is entitled to recover interest thereon.
9.3 In the event of any disputed amounts , the District shall provide the City with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amou nts, interest shall accrue if payment is not received within thirty (30) calendar days after the dispute resolution is memorialized.
9.4 Said interest shall be at a rate of ten percent (10%) per annum or any portion thereof, calculated from the date pa yment was due pursuant to Section 9.2 and Section 9.3 above.
9.5 Notwithstanding the provisions of California Gover nment Code section 907, if payment is not delivered to the City, through the Police Department, which is described on said invoice within thirty (30) calendar days after date of the invoice or the date of memorialized resolution, th en the Ci ty may satisfy such indebtedness, including interest thereon, from any funds of the D istrict on deposit with the City without giving further notice to the District of the City's intention to do so.
10.0 AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by au thorized personnel of the C ity of Santa Maria City Council and the District. Notwithstanding, the Chief of Police or his designee shall be authorized to execute , on behalf of the C ity, those Amendments and/or supplemental agreements referenced in Section 9.3 of this Agreement.
11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
A pa rty shall not assign its rights and/or subcontract, or otherwise delegate, its duties under this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempted assignment or delegation without such consent sh all be null and void.
7 12.0 AUTHORIZATION WARRANTY
The District represents and warrants that the person executing this Agreement for the District is an authorized agent who has actual authority to bind the District to each and every term, condition, and obl igation of this Agreement and that all requirements of the District have been fulfilled to provide such actual authority.
13.0 GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The parties agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agree and consent that venue of any action brought hereunder shall be exclusiv ely in the County of Santa Barbara.
14.0 NOTICES
Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses a nd persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.
Notices to the City shall be addressed as follows:
City of Santa Maria Police Department
Attn: Business Services Manager
1111 W. Betteravia St.
Santa Maria, CA 93455
Notices to the District shall be addressed as follows:
Santa Maria Joint Union High School District
Attn: Antonio Garcia, Superintendent
2560 Skyway Drive
Santa Maria, CA 93455
15.0 VALIDITY
8 If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.
16.0 WAIVER
No waiver by the parties of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of the parties to enforce at any time, or from time to time, any provision of this Agree ment shall not be construed as a waiver thereof.
17.0 ENTIRE AGREEMENT
This Agreement, including Exhibit A, and any executed Amendments hereto or thereto, constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unles s prepared pursuant to Section 10 .0, Amendments, of this Agreement and signed by both parties.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
_______________
By:
CITY OF SANTA MARIA
_____________________
By:
APPROVED AS TO FORM:
______________________ ______________________
Risk Manager City Attorney’s Office
EXHIBIT A
9 Service Units Hourly OT Rate Total Hours Required Total Unit Cost Police Officer 127.60$ N/A
Total Estimated Cost (not to exceed)
Approved: Approved:
Police Chief Date Superintendent Date
OVERTIME CHARGES FOR SUPPLEMENTAL SERVICES
2023-24 SCHOOL YEAR
SCHOOL DISTRICT SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA MARIA AND
SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, APPROVING TWO AGREEMENTS FOR
LAW ENFORCEMENT SERVICES BETWEEN THE SANTA
MARIA POLICE DEPARTMENT AND THE SANTA MARIA JOINT
UNIFIED HIGH SCHOOL DISTRICT
WHEREAS, the City has been providing law enforcement services for the Santa Maria Joint Unified High School District (SMJUHSD) since 1997, and both the City and the District desire to continue this partnership as it relates to law enforcement services, and have agreed in principle as to the cost for services and the scope of work; and
WHEREAS, both the City and SMJUHSD desire to enter into agreements to establish their rights and duties with respect to providing regular and supplemental law enforcement services for the School District.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, that the City Council authorizes the following:
1. The Mayor is hereby authorized and directed to execute the agreements on behalf of the City and to take all steps necessary to implement and sustain the program.
2. The City Council of the City of Santa Maria hereby authorizes and directs the Chief of Police, or his designee, to enter into extensions and execute amendments consistent with the terms of the agreements, in order to comply with billing rates set forth by the City of Santa Maria.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 1st day of August 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, AUTHORIZING THE CITY OF SANTA MARIA
TO ENTER INTO FUTURE AGREEMENTS FOR LAW
ENFORCEMENT SERVICES BETWEEN THE CITY OF SANTA MARIA
AND LOCAL SCHOOL DISTRICTS
WHEREAS, the City has been providing law enforcement services for local school districts and both the City and the aforementioned districts may desire to continue these partnerships as it relates to law enforcement services, and have agreed in principle as to the cost for services and the scope of work; and
WHEREAS, both the City and local school districts may desire to enter into agreements to establish their rights and duties with respect to providing regular and supplemental law enforcement services for the local school districts.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, that the City Council authorizes the following:
1. The City Council of the City of Santa Maria hereby authorizes the Chief of Police, or his designee, to enter into future such agreements, extensions, and execute amendments consistent with the terms of the agreements, in order to comply with billing rates set forth by the City of Santa Maria.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 1st day of August 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 AUGUST 1, 2023
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: Cooperative Agreement with Santa Barbara County Association of Governments for Measure A North County Subregion Program – Safe Routes to School Bicycle and Pedestrian Program
Description:
The City Council will consider approving an agreement to receive reimbursement funds from Measure A North County Subregion Program for the City -Wide Sc hool Crossing Improvement Project.
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 to enter into a Cooperative Agreement with the Santa Barbara County Association of Governments (SBCAG) for reimbursement of Measure A North County Subregion Program funding for the City-Wide School Crossing Improvement Project.
BACKGROUND:
The City-Wide School Crossing Improvement Project ( Project) is identified and listed in the Measure A North County Subregion Program in the Measu re A Investment Plan for Santa Barbara County, pursuant to the authority provided by the Road Repair, Traffic Relief and Transportation Safety Measure (Measure A), which was approved by the voters of Santa Barbara County on November 4, 2008.
The Measure A Investment Plan includes $112,710 to be allocated to the Project under the North County Subregion Program. The City of Santa Maria is the lead agency on this project. This project proposes improvement of 55 existing crossings, including the removal and re placement of 72 ADA curb ramps, school crossing, advanced signage, and high-visibility thermoplastic crosswalk striping. The Project is located throughout the City at existing crosswalks located at mid -block and across uncontrolled legs of intersections. The Project aims to increase safety and accessibility of routes to over 20 schools for bicycle and pedestrian travel.
In order to construct the Project, additional funds are necessary. The Project will require $250,000 from a Highway Safety Improvement Pro gram (HSIP) Grant that the City was 2 awarded, and an anticipated $175,000 from Local Share (Gas Tax) along with these Measure A funds.
DISCUSSION:
Under Measure A, a Cooperative Agreement must be executed between SBCAG and the local agency delivering the “named” Project prior to an expenditure of funds. The Cooperative Agreement was approved by the SBCAG Board on June 16th, 2022. The Project is currently in the design phase. The Measure A funds being requested under this Cooperative Agreement are for construction.
The City Manager, or designee, will be the agent for the City and authorized to enter into the Cooperative Agreement.
Alternative(s)
The recommended action is to approve the Resolution stating the City’s participation in the Cooperative Agreement with SBCAG.
If the City Council chooses not to approve the Resolution, the City would lose the opportunity to be reimbursed for critical portions of the Project. A Cooperative Agreement would still be required at a future date in order to receiv e funding. Work completed prior to the approved agreement is not eligible for reimbursement.
Fiscal Considerations
Approval of the Resolution will make the City eligible to enter into the Cooperative Agreement to ensure regional funding may be used for the project.
Impact to the Community
The project will benefit the community by providing safe and accessible routes to over 20 schools throughout the City for bicycle and pedestrian travel.
ATTACHMENTS
Attachment A – Agreement_Measure A North County Subregion Program Attachment B – Project Layout and Plans_ Measure A North County Subregion Program
This Cooperative Agreement ("Agreement") is entered into by and between the CITY OF SANTA MARIA ("Sponsor") and the SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Santa Barbara County Local Transportation Authority ("Authority" or “SBCAG”).
RECITALS
WHEREAS, Authority and Sponsor desire to enter into a Cooperative Agreement to coordinate the funding of transportation improvements in Santa Barbara County pursuant to the authority provided by the Road Repair, Traffic Relief and Transportation Safety Measure (“Measure A”), which was approved by the voters of Santa Barbara County on November 4, 2008; and WHEREAS, the Sponsor has proposed that the Authority provide funding from the Measure A North County Safe Routes to School Bicycle and Pedestrian Program specified herein (“Program”) to Sponsor’s projects for the particular transportation improvement project work specified herein ("Project" or “Projects”); and
WHEREAS, the Authority has determined that the Project is eligible as approved by the SBCAG Board on June 18, 2020 for Measure A funds; and
WHEREAS, the Authority is authorized to issue Measure A funds to Sponsor for eligible projects; and
WHEREAS, the Authority and Sponsor desire to have this Agreement serve as the Agreement for the Authority to provide Measure A funding to Sponsor for eligible Projects proposed by Sponsor, provided that such funding has been authorized by the Board of the Authority.
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant, and agree as follows:
SECTION I
Covenants of Sponsor
The Sponsor shall:
1.1 Project Description. The Project description, scope of work, delivery schedule, estimate of cost by activity, anticipated amount and type of funds that will supplement Measure A funds, and the anticipated timing for release of Measure A funds are specified in Exhibit A attached
ATTACHMENT A
MEASURE A
PROJECT COOPERATIVE AGREEMENT
For projects awarded to City of Santa Maria in Cycle 3 of the Measure A North County Safe Routes to School Bicycle and Pedestrian Program
to this Agreement and incorporated herein by reference. Sponsor shall be solely responsible for implementing and carrying out the Project.
1.2 Change In Project Description. Any change in the Project Description shall not be eligible for funding by Authority unless approved in writing by the Authority. Any portion of the Project implemented by Sponsor prior to Authority’s written approval shall not be eligible for reimbursement unless subsequently approved by the Authority in writing, and in no event will any change in scope result in the Authority reimbursing more than the amount awarded for the Project.
1.3 Eligible Reimbursement Costs. Eligible Project costs are specified in Exhibit A or as may be approved from time to time by the Authority pursuant to Section 1.2. In no event shall expenses incurred prior to the execution of this Agreement be considered eligible reimbursement costs.
1.4 Measure A Percentage Share Defined. Measure A funding is being provided by Authority to Sponsor for the Projects in Exhibit A. The percentage share of Measure A funding shall be the Measure A Percentage shown in a Project’s respective exhibits, and shall not exceed the total Measure A amount shown in the same exhibit. Each invoice submitted by Sponsor shall be reimbursed by Authority at this percentage up to the not to exceed total Measure A amount shown in the exhibit. Sponsor matching funds shall be used to pay for the remainder of Project costs.
1.5 Invoices and Progress Reports. Sponsor shall submit semi-annual progress reports and invoices for work completed consistent with the Program guidelines as adopted by the SBCAG Board on November 21, 2019. These documents shall include the following specified information:
1.5.a Invoices. The Sponsor shall provide the Authority with one (1) copy of all invoices submitted to Sponsor by every contractor, subcontractor, consultant, or subconsultant as appropriate and any other backup documentation required to support direct and indirect costs for which a Sponsor submits an invoice.
1.5.b Progress Reports. Progress reports shall include a brief description of the status of the Project including the work completed to date. This summary may be included on the invoices submitted to the Authority or be attached to those invoices.
1.6 Use of Funds. The Sponsor shall use existing Measure A funds consistent with the Project description in Exhibit A to this Agreement or as approved by the Authority pursuant to Section
1.2. 1.7 Submittal of Documents. The Sponsor shall provide copies to the Authority of all executed contracts that relate to the Project scope as described in Exhibit A to this Agreement and Section 1.3 or approved by the Authority pursuant to Section 1.2. The Sponsor shall retain records pertaining to the Project for a five (5) year period following completion of the Project.
1.8 Completion of Project. Sponsor shall be responsible for meeting the timely use of funds deadlines in corresponding Exhibit A. Unused funds programmed to the Project will be forfeited and be made available by the Authority for programming to other Projects in a special or subsequent funding cycle. Sponsor shall provide management of any consultant and contractor activities, including responsibility for schedule, timely use of funds, budget and oversight of the services, consistent with the scope of work. This provision shall apply in all instances, including situations where a change in scope has been approved by the Authority pursuant to Section 1.2.
1.8.a Project Completion Report. Within 6 months of Project completion, Sponsor shall provide a Project completion report to Authority that includes final cost, revenues, and schedule of completed and future activities. For construction Projects, pictures of the completed Project must accompany the report. Whenever possible, pictures of the “before” Project conditions should also be submitted. This Report shall accompany the final invoice for payment from Sponsor to provide notice of Agreement account closing by Authority. The Report shall meet all requirements set forth in the Authority’s Program Guidelines.
1.8.b Timely Use of Funds Extension. In accordance with Authority’s Cycle 3 Program Guidelines Timely Use of Funds policy, Sponsor may request one extension of up to 12 months for plans and studies, up to 6 months for preliminary engineering, environmental, and design Projects, and up to 18 months for construction Projects.
Extension requests will be presented to the North County Subregional Committee which will make recommendations to the SBCAG Board.
Authority may extend the deadline for timely use of funds no more than one time and only if it finds that an unforeseen and extraordinary circumstance beyond the control of the Sponsor has occurred that justifies the extension. The extension will not exceed the period of delay directly attributed to the extraordinary circumstances and will in no event be for more than the duration described in the above paragraph and in Authority’s Cycle 3 Program Guidelines.
1.9 Public Outreach. The Sponsor is responsible for development and administration of a public outreach effort to ensure public awareness and involvement in the Project development and delivery process. The Sponsor shall provide a copy of the public outreach plan and all materials documenting the public outreach activities, including public notices, press releases, flyers, etc. to the Authority. The public outreach plan must accompany the first invoice for payment from Sponsor. The materials documenting the public outreach activities must accompany the final invoice for payment from Sponsor.
1.10 Provision of Signs. Sponsor shall install signs consistent with the Authority’s Project Signs Guidelines and Specifications as adopted by the SBCAG Board on August 18, 2011, or as appropriate.
1.11 Cost Savings and Excess Costs
1.11.a Cost Savings. After the Project has been accepted by the Sponsor and Authority as complete, any positive difference between the cost, as listed in Exhibit A to this Agreement or approved by the Authority pursuant to Section 1.2, and the total amount invoiced to the Authority shall revert to the Measure A program for re- programming by the Authority on other eligible projects.
1.11.b Excess Costs. In the event the actual Project cost exceeds the estimate shown in Exhibit A to this Agreement, this amount will be considered an excess cost. Sponsor is solely responsible for all costs over the amount identified in Section 1.3 or as approved pursuant to Section 1.2.
1.11.c Reconciliation of Excess Costs. Excess Project costs to complete a Project are not eligible for reimbursement unless approved pursuant to Section 1.2. The amount of Measure A funds as identified in Section 1.3 are the maximum funds available for reimbursement to the Sponsor and cannot be increased unless agreed to by the Authority pursuant to Section 1.2. The Sponsor shall request an amendment if needed for this purpose in writing to the Authority. Such amended Agreement shall be effective only if signed and approved by the duly authorized representatives of both the Authority and Sponsor.
1.12 Errors and Omissions. The Sponsor shall diligently monitor and manage all aspects of the Project and shall aggressively pursue any and all remedies, including full restitution and damages from any consultant, contractor or sub-contractor and their insureds and sureties suspected of any acts, errors, or omissions committed during business activities that economically or legally damage the Project.
1.13 Division of Labor and Materials. Sponsor agrees to furnish or cause to be furnished 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, in a professional manner, the obligations described herein.
1.14 Implementation of Project. Sponsor may implement Projects herein through private organizations and nonprofit entities as designated on the Exhibit A.
SECTION II
Covenants of Authority
The Authority shall:
2.1 Reimbursement Payments. The Authority shall make reimbursement payments to the Sponsor or implementing party designated pursuant to Paragraph 1.14 for eligible Project costs within 45 days of receipt of an invoice as specified in the Exhibit A to this Agreement, except where payment is subject to provisions of Paragraphs 2.1.a through 2.1.b.4.
2.1.a Ineligible Costs. The Authority reserves the right to adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs.
2.1.b Suspension of Reimbursement. If the Authority determines that any costs in an invoice are not allowable, or lack supporting progress reports, the Authority shall return the invoice to the Sponsor with an invoice dispute notice outlining the reason for the return and the proposed remedy, if one exists, which would make the invoice acceptable for payment. The Sponsor may re-submit the invoice for payment after reviewing the invoice dispute notice and making any necessary corrections. The Sponsor may also immediately submit a new invoice representing only the amounts which are not in dispute, while setting aside the disputed amounts for review in accordance with the provisions set forth in this Section 2.1.
2.1.b.1 Meeting. Once a dispute has occurred, the Authority shall arrange a meeting between Authority and Sponsor staff to discuss and attempt to resolve the dispute.
2.1.b.2 Subregional Committee. If an agreement cannot be reached at the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the Authority's North County Subregional Committee, as appropriate. In this case reimbursement for the disputed cost item(s) will be delayed until a resolution of the matter is reached.
2.1.b.3 Authority’s Board Decision. If the Sponsor or the Authority disagrees with the resolution by the Subregional Committee then the dispute shall be submitted to the Authority’s Board for resolution. If the Board determines that the disputed cost item(s) is ineligible, the Authority shall not provide reimbursement payment to the Sponsor for the disputed item(s). If the Board determines that the disputed cost item(s) is eligible, then the Authority shall provide reimbursement payment to the Sponsor for the disputed cost.
2.1.b.4 Reservation of Rights. By utilizing the above procedures, the Sponsor does not surrender any rights to pursue available legal remedies if the Sponsor disagrees with the Board decision.
2.2 Authority’s Payment shall not constitute Waiver. Authority’s failure to discover or object to any ineligible Project cost or billing prior to payment shall not constitute a waiver of Authority’s right to require Sponsor to correct such work or billing or seek any other legal remedy.
2.3 Right to Conduct Audit; Record Keeping. The Authority shall have the right to conduct an audit of all Sponsors’ records pertaining to the Agreement at any time during the course of construction and up to a five (5) year period after completion of the Agreement.
2.4 Records. Sponsor shall keep and provide to Authority or its agents, upon request, accurate financial records (including invoices and published price lists on which this Agreement was based) necessary to enable Authority to review Sponsor’s performance of this Agreement.
These records shall demonstrate the funding has been used as described in the Project
Description. Sponsor shall maintain all such records for at least five years after completion of the Project.
SECTION III
General Covenants
3.1 Term. The Sponsor shall commence performance in accordance the Cycle 3 Guidelines and the delivery schedule set forth in Exhibit A. The Agreement shall remain in effect until discharged or terminated as provided in Section 3.2 or Section 3.14, unless otherwise directed by SBCAG or earlier terminated.
3.2 Discharge. This Agreement shall be subject to discharge as follows:
3.2.a Termination. Termination of this Agreement may be made (1) upon 30-days written notice to the other party; or (2) at any time by mutual consent of the parties.
3.2.b Discharge Upon Completion of Projects. Except as to any rights or obligations which survive discharge as specified in Section 3.13, this Agreement shall be discharged, and the parties shall have no further obligation to each other, upon completion of the Projects as certified by the Authority.
3.3 Indemnity. Sponsor agrees to indemnify, defend (with counsel reasonably approved by SBCAG) and hold harmless SBCAG and its officers, officials, employees, agents and volunteers from and against any and all claims, actions, losses, damages, judgments and/or liabilities arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person or entity and for any costs or expenses (including but not limited to attorneys’ fees) incurred by SBCAG on account of any claim except where such indemnification is prohibited by law. Sponsor’s indemnification obligation applies to SBCAG’s active as well as passive negligence but does not apply to SBCAG’s sole negligence or willful misconduct.
3.4 Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below:
AUTHORITY
Santa Barbara County Association of Governments
260 North San Antonio Road, Suite B
Santa Barbara, CA 93110
SPONSOR
City of Santa Maria
110 S. Pine St., Ste 101
Santa Maria, CA 93458
Either party may change its address by giving notice of such change to the other party in the manner provided in this Section 3.4. All Other Notices and consents under this section, which are sent by mail, shall be deemed to be received five (5) days following their deposit in the U.S. mail. This Notices section shall not be construed as meaning that either party agrees to service of process except as required by applicable law.
3.5 Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.
3.6 Integration. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements, promises, representations, either written or oral, of any character or nature have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.
3.7 Amendment. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel.
3.8 Non-Partnership. This 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. Sponsor and Sponsor’s subcontractors shall perform all services under this Agreement as independent parties and not as employees, officers or agents of the Authority.
3.9 Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.
3.10 Binding on Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the Authority or as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.
3.11 Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.
3.12 Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document.
3.13 Survival. The following provisions in this Agreement shall survive discharge:
3.13.a The Sponsor. As to the Sponsor, the following sections shall survive discharge: Section
1.6 (obligation to apply funds to the Project), Section 1.7 (obligation to provide copies and retain records), Section 1.8 (obligation to continue to manage the Project).
3.13.b The Authority. As to the Authority, the following section shall survive discharge:
Section 2.3 (right to conduct audit).
3.13.c Both Parties. As to both parties, the following section shall survive discharge: Section
3.3. (indemnity).
3.14 Limitation. All obligations of the Authority under the terms of this Agreement are expressly contingent upon the Authority's continued authorization to collect and expend the sales tax proceeds provided by Measure A. If for any reason the Authority's right or ability to collect or expend such sales tax proceeds is terminated or suspended in whole or part so that it materially affects the Authority's ability to fund the Project, the Authority shall promptly notify Sponsor, and the parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated. Maintenance of records, right to audit, and indemnification shall survive. Any future obligation to fund this Project or any other Project or Projects of Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement.
3.15 Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.
3.16 Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity.
Each remedy shall be construed to give the fullest effect allowed by law.
3.17 Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. As applicable, the Cycle 3 Guidelines are incorporated herein by reference.
3.18 Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.
3.19 No Continuing Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.
3.20 No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement.
3.21 Signator's Warranty. Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party.
Project Sponsor(s): Measure A Project ID #: MSA-3-6
Contract
Administrator:
Project Implemented by: City of Santa Maria
Project Name:
Project Scope:
Project Location:
Project Contact:
Project Payment: Payment made from SBCAG to City of Solvang upon approval of invoice and submittal to SBCAG.
Funding Program: North County Safe Routes to School/Bike Ped Program Cycle 3 Project Phase
Total
Project Cost
Estimate
Measure A
Amount
Measure A
%
Sponsor
funding
amount
Sponsor
funding % Start Finish
Timely Use of
Funds Deadline
CON $350,748 $112,710 32% $236,039 67% September 2022 April 2025 6/30/2027 Total $350,748 $112,710 $236,039
$238,038
Construction costs and management
EXHIBIT A
PROJECT SCOPE, COST, SCHEDULE AND FUNDING PLAN
City of Santa Maria
City of Santa Maria
City-Wide School Crossing Improvement Project
Improvement of 55 existing crossings, including the removal and replacement of 72 ADA curb ramps, school crossing and advanced signage, high-visibility thermoplastic crosswalk striping.
Various locations throughout the City of Santa Maria, see Location & Vicinity Map attached to the grant application. These are existing crosswalks located at mid-block and across uncontrolled legs of intersections.
Project Schedule
Description
Christopher Petro
ATTACHMENT B
Crosswalk Recommendations
Existing Conditions - 400 Block McClelland Street
Crosswalk Recommendations
Recommended Actions:
Stripe Crosswalk
Install W11-2 and W16-7P Signs
400 Block McClelland Street – Recommended Improvements
Crosswalk Recommendations
Existing Conditions - Alvin Avenue and Bradley Road
Crosswalk Recommendations
This crosswalk needs signs (W11-2 and W16-7P) and the crosswalk should be restriped as a Ladder Crosswalk. Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs (R1-5). Install W11-2 and W16-7P signs on each side of the road for both directions. Parking on Alvin Avenue should be restricted to maintain line of sight.
This site is a good candidate for bulbouts or curb extensions. Alvin Avenue can be reduced in width to accommodate a road diet.
Alvin Avenue and Bradley Road Crosswalk – Recommended Improvements
Crosswalk Recommendations
Existing Conditions - Fesler Street
Crosswalk Recommendations
Fesler Crosswalks (Curryer Street, Smith Street, Pine Street) At Fesler/Depot and Fesler/Broadway, install W11-2 and W16-9P (AHEAD) signs.
Fesler/Curryer
Restripe as Ladder, update curb ramps to current ADA standards. Install W11-2 and W16-7P signs.
Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs (R1-5).
Parking on Fesler, west of Curryer should be restricted to provide clear line of sight for pedestrians.
Fesler/Smith
Restripe as Ladder, update southern curb ramp to current ADA standards. Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs.
Parking on Fesler, east of Smith should be restricted to provide clear line of sight for pedestrians.
Fesler/Pine
Install W11-2 and W16-7P signs and restripe as Ladder. Parking east of Pine should be restricted to provide clear line of sight for pedestrians. Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs (R1-5).
These locations are good candidates for bulbouts or curb extensions, and Fesler Street is a candidate for a road diet.
Fesler Street and Smith Street Intersection – Recommended Improvements
Crosswalk Recommendations
Fesler Street and Curryer Street Intersection – Recommended Improvements
Fesler Street and Pine Street Intersection – Recommended Improvements
Crosswalk Recommendations
Fesler/School Crosswalk – Existing Conditions
Install W11-2 and W16-7P signs and restripe as Ladder Crosswalk. Update curb ramps to current ADA standards. Establish parking restrictions for visibility.
Crosswalk Recommendations
Fesler Street and School Street Intersection – Recommended Improvements
Crosswalk Recommendations
Miller/Newlove Crosswalk – Existing Conditions
Install W11-2 and W16-7P signs, restripe as Ladder Crosswalk. Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs (R1-5). Update ADA curb ramps.
Install W11-2 and W16-9P in advance of this crosswalk.
Crosswalk Recommendations
Miller/Newlove Crosswalk – Proposed Improvements
Crosswalk Recommendations
Sunrise Drive Mid-block – Existing Conditions
Install Ladder Crosswalk. Update ADA curb ramps. Establish parking restrictions for visibility.
Sunset Drive Mid-block - Proposed Improvements
Crosswalk Recommendations
Cook Street Mid-block – Existing Conditions
Restripe as Ladder Crosswalk. Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs (R1-5).
Crosswalk Recommendations
Cook Street Mid-block – Proposed Improvements
Crosswalk Recommendations
Carmen Lane at Trinity Drive – Existing Conditions
Install W11-2 and W16-7P signs, restripe as Ladder Crosswalk. Construct new ADA accessible curb ramps.
Crosswalk Recommendations
Carmen Lane at Trinity Drive – Proposed Improvements
Crosswalk Recommendations
Foxenwood Lane at Wellington Drive – Existing Conditions
Restripe as Ladder Crosswalk. Construct new ADA accessible curb ramp.
Crosswalk Recommendations
Foxenwood Lane at Wellington Drive – Proposed Improvements
Crosswalk Recommendations
Williams Street Mid-block – Existing Conditions
Crosswalk Recommendations
Install W11-2 and W16-7P signs. Restripe as Ladder Crosswalk. Construct ADA accessible curb ramps. Establish parking restriction to provide clear line of sight for pedestrians.
Williams Street Mid-block – Proposed Improvements
Crosswalk Recommendations
College Street Mid-block – Existing Conditions
Crosswalk Recommendations
College Street Mid-block – Existing Conditions
Update signs (Existing W11-2 is out of date. Crosswalk lines have been removed from sign). Add W16-7P signs. Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs (R1-5).
Crosswalk Recommendations
College Street Mid-block – Proposed Improvements
Crosswalk Recommendations
College Drive and Park Avenue Crosswalk – Existing Conditions
Restripe as yellow ladder crosswalk. Install S1-1 and W16-7P signs on both sides for each direction.
Install S1-1 and W16-9P in advance of the crosswalk.
Crosswalk Recommendations
College Drive and Park Avenue Intersection Crosswalk – Proposed Improvements
Crosswalk Recommendations
Thornburg Street Mid-block, between SMHS and Fairpark – Existing Conditions
Restripe as yellow ladder. Install ADA accessible ramps. Replace existing signs with S1-1 and W16- 7P. This location is a candidate for a curb extension.
Crosswalk Recommendations
Thornburg Street Mid-block, between SMHS and Fairpark – Existing Conditions
Crosswalk Recommendations
Morrison Avenue at Railroad Avenue – Existing Conditions
Replace existing signs with S1-1 and W16-7P. Restripe as yellow Ladder Crosswalk. Establish no stopping on south side of roadway to provide clear line of sight.
Crosswalk Recommendations
Morrison Avenue at Railroad Avenue – Proposed Improvements
Crosswalk Recommendations
College Drive at Lavone Drive – Existing Conditions
Install S1-1 and W16-7P signs, restripe as yellow Ladder Crosswalk. Establish parking restrictions to provide clear line of sight for pedestrians. Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs (R1-5). Construct new ADA accessible curb ramps.
Crosswalk Recommendations
Crosswalk Recommendations
Canal Street at Cesar E. Chavez Drive – Existing Conditions
Restripe as yellow Ladder Crosswalk. Establish parking restrictions to provide clear line of sight for pedestrians. Construct new ADA accessible curb ramps. This location is a good candidate for a bulbout/curb extension.
Crosswalk Recommendations
Canal Street at Cesar E. Chavez Drive – Proposed Improvements
Crosswalk Recommendations
Western Avenue and Agnes Avenue – Existing Conditions
Restripe as yellow Ladder Crosswalk. Establish parking restrictions to provide clear line of sight for pedestrians. Install ADA compliant curb ramps.
Crosswalk Recommendations
Western Avenue and Agnes Avenue – Proposed Improvements
Crosswalk Recommendations
Harding Avenue Mid-block Crosswalk – Existing Conditions
Restripe as yellow Ladder Crosswalk. Establish parking restrictions to provide clear line of sight for pedestrians. Construct ADA accessible curb ramps.
Crosswalk Recommendations
Harding Avenue Mid-block Crosswalk – Proposed Improvements
Crosswalk Recommendations
Donovan Road and Bay Avenue – Existing Conditions
Restripe as yellow ladder crosswalk. Relocate S1-1 and W16-7P near crosswalk and add signs on both sides of the street.
Crosswalk Recommendations
Donovan Road and Bay Avenue – Proposed Improvements
Crosswalk Recommendations
Railroad Avenue and Rancho Verde – Existing Conditions
Restripe as yellow ladder crosswalk. Construct new ADA accessible curb ramps. Relocate S1-1 and W16-7P near crosswalk and add signs on both sides of the street. This site is a good candidate for a bulbout and/or a curb extension
Crosswalk Recommendations
Railroad Avenue and Rancho Verde – Proposed Improvements
Crosswalk Recommendations
Alvin Avenue and Palisade Drive – Existing Conditions
Restripe as yellow ladder crosswalk. Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs (R1-5). Add S1-1 and W16-7P signs on both sides of the street. Alvin is a good candidate for a road diet. Following the road diet, this site would good candidate for a bulbout and a curb extension
Crosswalk Recommendations
Alvin Avenue and Palisade Drive – Proposed Improvements
Crosswalk Recommendations
College Drive and Fesler Street – Existing Conditions
Restripe as yellow ladder crosswalk. Install Yield lines (Shark’s Teeth) and Yield Here to Pedestrian signs (R1-5). Construct new ADA accessible curb ramp on west side of intersection. Add S1-1 and W16-7P signs on both sides of the street.
Crosswalk Recommendations
College Drive and Fesler Street – Proposed Improvements
Crosswalk Recommendations
Fesler Street and Concepcion Avenue – Existing Conditions
Restripe as yellow ladder crosswalk. Construct new ADA accessible curb ramps. Add S1-1 and W16- 7P signs on both sides of the street. Establish parking restrictions to provide clear line of sight for pedestrians. This site is a good candidate for bulbouts
Crosswalk Recommendations
Fesler Street and Concepcion Avenue – Proposed Improvements
Crosswalk Recommendations
Fesler Street and Lucas Drive – Existing Conditions
Restripe as yellow continental. Construct new ADA accessible curb ramps. Add SW24-2 (CA) signs on both sides of the street. Establish parking restrictions to provide clear line of sight for pedestrians.
This site is a good candidate for a bulbout and/or a curb extension
Crosswalk Recommendations
Fesler Street and Lucas Drive – Proposed Improvements
Crosswalk Recommendations
Fesler Mid-block – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramps. Add S1-1 and W16-7P signs on both sides of the street. Establish parking restrictions to provide clear line of sight for pedestrians. This site is a good candidate for a bulbout or a curb extension
Crosswalk Recommendations
Fesler Mid-block – Proposed Improvements
Crosswalk Recommendations
College Drive and Camino Colegio – Existing Conditions
Restripe as yellow Ladder crosswalk. Add S1-1 and W16-7P signs on both sides of the street.
Establish parking restrictions to provide clear line of sight for pedestrians. This site is a good candidate for bulbouts
Crosswalk Recommendations
Crosswalk Recommendations
Stokes Avenue and Kensington Avenue – Existing Conditions This crosswalk should be relocated to the north leg of the intersection. Current location directs pedestrians towards driveway, a pedestrian/driver conflict. Restripe as yellow continental. Add S1-1 and W16-7P signs on both sides of the street. Establish parking restrictions to provide clear line of sight for pedestrians. This site is a good candidate for a bulbout or a curb extension
Crosswalk Recommendations
Stoke Avenue and Kensington Avenue – Proposed Improvements
Crosswalk Recommendations
Dena Way and Bay Avenue – Existing Conditions
Restripe as yellow Ladder crosswalk. Add S1-1 and W16-7P signs on both sides of the street.
Relocate existing S1-1 and W16-7P to line up with crosswalk. This site is a good candidate for a bulbout or a curb extension.
Crosswalk Recommendations
Dena Way and Bay Avenue – Proposed Improvements
Crosswalk Recommendations
Cesar E Chavez Drive and Eagleton Avenue – Existing Conditions Restripe as yellow Ladder crosswalk. Relocate existing S1-1 and W16-7P to line up with crosswalk.
Establish parking restrictions to provide clear line of sight for pedestrians. Construct new ADA accessible curb ramps. This site is a good candidate for a bulbout or a curb extension
Crosswalk Recommendations
Cesar E Chavez Drive and Eagleton Avenue – Existing Conditions
Crosswalk Recommendations
Rancho Verde and Arriba Way – Existing Conditions
Restripe as yellow ladder crosswalk. Establish parking restrictions to provide clear line of sight for pedestrians. Construct new ADA accessible curb ramps. This site is a good candidate for bulbouts
Crosswalk Recommendations
Rancho Verde and Arriba Way – Proposed Improvements
Crosswalk Recommendations
Rancho Verde and Western Avenue – Existing Conditions
Restripe as yellow ladder crosswalk. Relocate existing S1-1 and W16-7P to line up with crosswalk.
Establish parking restrictions to provide clear line of sight for pedestrians. Construct new ADA accessible curb ramps. This site is a good candidate for bulbouts
Crosswalk Recommendations
Rancho Verde and Western Avenue – Proposed Improvements
Crosswalk Recommendations
El Camino and Pine Street Crosswalks – Existing Conditions Restripe as yellow ladder crosswalks. Establish parking restrictions to provide clear line of sight for pedestrians. Construct new ADA accessible curb ramp. This site is a good candidate for bulbouts and curb extensions
Crosswalk Recommendations
El Camino and Pine Street Crosswalks – Proposed Improvements
Crosswalk Recommendations
Cypress Street and School Street Crosswalk – Existing Conditions Install W11-2 and W16-7P signs on both sides of the intersection, facing both directions. Restripe as yellow ladder crosswalk. Construct new ADA accessible curb ramps.
Crosswalk Recommendations
Cypress Street and School Street Crosswalk – Proposed Improvements
Crosswalk Recommendations
Camino Colegio and Oakwood Drive Crosswalk – Existing Conditions Restripe as yellow Ladder crosswalk. Relocate S1-1 and W16-9P to the east. Establish parking restrictions to provide clear line of sight for pedestrians. Construct new ADA accessible curb ramp.
This site is a good candidate for a bulbout and/or a curb extension
Crosswalk Recommendations
Camino Colegio and Oakwood Drive Crosswalk – Existing Conditions
Crosswalk Recommendations
Sonya Lane and Biscayne Street – Existing Conditions
Restripe as yellow Ladder crosswalk. Add S1-1 and W16-7P signs on both sides of the street.
Construct new ADA accessible curb ramp. Relocate S1-1 and W16-9P to the west of the crosswalk.
This site is a good candidate for bulbouts
Crosswalk Recommendations
Sonya Lane and Biscayne Street – Proposed Improvements
Crosswalk Recommendations
Morrison Avenue and Thornburg Street – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramp. This site is a good candidate for a bulbout or a curb extension
Crosswalk Recommendations
Morrison Avenue and Thornburg Street – Proposed Improvements
Crosswalk Recommendations
Morrison Avenue and Pine Street – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramps. Establish parking restrictions to provide clear line of sight for pedestrians. This site is a good candidate for a bulbout or a curb extension.
Crosswalk Recommendations
Morrison Avenue and Pine Street – Proposed Improvements
Crosswalk Recommendations
Morrison Avenue and Lincoln Street Crosswalks – Existing Conditions
Crosswalk Recommendations
Restripe both crosswalks as yellow continental. Install S1-1 and W16-7P signs on each crosswalk for both directions. Construct new ADA accessible curb ramps. This site is a good candidate for bulbouts or curb extensions.
Morrison Avenue and Lincoln Street Crosswalks – Proposed Improvements
Crosswalk Recommendations
Vickie Avenue and East Avenue – Existing Condition
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramps. This site is a good candidate for a bulbout or curb extension.
Crosswalk Recommendations
Vickie Avenue and East Avenue – Proposed Improvements
Crosswalk Recommendations
Carlotti Drive and Murray Drive Crosswalk – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramps. This site is a good candidate for a bulbout.
Crosswalk Recommendations
Carlotti Drive and Murray Drive Crosswalk – Proposed Improvements
Crosswalk Recommendations
Hidden Pines Way and Baldwin Avenue – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramps. Establish parking restrictions to provide clear line of sight for pedestrians. This site is a good candidate for a bulbout or curb extension.
Crosswalk Recommendations
Hidden Pines Way and Baldwin Avenue – Proposed Improvements
Crosswalk Recommendations
Enos Mid-block Crosswalk – Existing Conditions
Restripe as yellow ladder crosswalk. Install S1-1 and W16-7P on both sides of the crosswalk for both directions. Construct new ADA accessible curb ramps. This site is a good candidate for curb extensions.
Crosswalk Recommendations
Enos Mid-block Crosswalk – Proposed Improvements
Crosswalk Recommendations
Enos Drive and Curryer Street – Existing Conditions
Restripe as yellow Ladder crosswalk. Install S1-1 and W16-7P on both sides of the roadway for each direction. Construct new ADA accessible curb ramps. This site is a good candidate for curb extensions. Establish parking restrictions to provide clear line of sight for pedestrians.
Crosswalk Recommendations
Enos Drive and Curryer Street – Proposed Improvements
Crosswalk Recommendations
McClelland Street and McElhany Avenue – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramps. This site is a good candidate for bulbouts. Establish parking restrictions to provide clear line of sight for pedestrians.
Crosswalk Recommendations
McClelland Street and McElhany Avenue – Proposed Improvements
Crosswalk Recommendations
Western Avenue and Mariposa Way Crosswalk – Existing Conditions This crossing should be redesigned. Install two new curb ramps. Construct new curb ramp easterly side of Western, outside of residential driveway. Restripe as yellow continental. This site is a good candidate for a bulbout and/or curb extension. Establish parking restrictions to provide clear line of sight for pedestrians.
Crosswalk Recommendations
Western Avenue and Mariposa Way Crosswalk – Proposed Improvements
Crosswalk Recommendations
Bethel Lane and El Medio Drive – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramps. This site is a good candidate for a curb extension. Establish parking restrictions to provide clear line of sight for pedestrians.
Crosswalk Recommendations
Bethel Lane and El Medio Drive – Proposed Improvements
Crosswalk Recommendations
Enos Drive and Lark Street – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramps. This site is a good candidate for a curb extension. Establish parking restrictions to provide clear line of sight for pedestrians.
Crosswalk Recommendations
Enos Drive and Lark Street – Proposed Improvements
Crosswalk Recommendations
Condor Street and Lark Street – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct new ADA accessible curb ramps. Establish parking restrictions to provide clear line of sight for pedestrians.
Crosswalk Recommendations
Condor Street and Lark Street – Proposed Improvements
Crosswalk Recommendations
Wallis Avenue and Windsor Street Crosswalk – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct ADA accessible curb ramps. Establish parking restrictions to provide clear line of sight for pedestrians.
Crosswalk Recommendations
Crosswalk Recommendations
Windsor Street Mid-block Crosswalk – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct ADA accessible curb ramps. This site is a good candidate for curb extensions.
Crosswalk Recommendations
Windsor Street Mid-block Crosswalk – Proposed Improvements
Crosswalk Recommendations
Fesler Street and Mary Drive – Existing Conditions
Restripe as yellow Ladder crosswalk. Construct ADA accessible curb ramps. Establish parking restrictions to provide clear line of sight for pedestrians.
Crosswalk Recommendations
Fesler Street and Mary Drive – Proposed Improvements
Crosswalk Recommendations
Mary Drive Mid-block Crosswalk – Existing Conditions
This crosswalk should be relocated away from driveways. Relocating this crosswalk will require the relocation of the “SLOW SCHOOL XING” markings. Restripe as yellow continental. Construct ADA accessible curb ramps. Establish parking restrictions to provide clear line of sight for pedestrians.
This site is a good candidate for curb extensions.
Crosswalk Recommendations
Mary Drive Mid-block Crosswalk – Proposed Improvements
Crosswalk Recommendations
Stowell Road and Entrada Way – Existing Conditions
Install Yield Lines and R1-5 and R1-6 signs
Crosswalk Recommendations
Stowell Road and Entrada Way – Proposed Improvements
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, TO ENTER INTO A COOPERATIVE
AGREEMENT WITH THE SANTA BARBARA COUNTY ASSOCIATION OF
GOVERNMENTS FOR REIMBURSEMENT OF MEASURE A NORTH COUNTY
SUBREGION PROGRAM FUNDING FOR THE CITY-WIDE SCHOOL CROSSING
IMPROVEMENT PROJECT
WHEREAS, the City of Santa Maria (City) desires to enter into a Cooperative Agreement with the Santa Barbara County Association of Governments (SBCAG) to coordinate the funding of safe routes to schoo l improvements in Santa Barbara County pursuant to the authority provided by the Road Repair, Traffic Relief and Transportation Safety Measure (Measure A), which was approved by the voters of Santa Barbara County on November 4, 2008; and
WHEREAS, the City has proposed that SBCAG provide funding to the City for the City-Wide School Crossing Improvement Project (Project); and
WHEREAS, SBCAG has determined that the Project is eligible as it is listed in the Measure A North County Subregion Program in the M easure A Investment Plan passed in 2008; and
WHEREAS, the Project is committed to receive an allocation of Measure A funds based on the total revenue collected over the life of Measure A; and
WHEREAS, SBCAG is authorized to issue Measure A funds to the City; and
WHEREAS, the City is seeking reimbursement from Measure A for project development phases; and
WHEREAS, any funding that remains from Project’s Measure A allocation, will be available for future phases of the Project based on approval from SBCAG; and
WHEREAS, SBCAG and the City desire to have this agreement serve as the Agreement for Authority to provide Measure A funding to the Project.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. Authorize and designate the City Manager, or designee, to enter into a Cooperative Agreement with SBCAG to dedicate allocated funds for the Project; and
2. Authorize the City Manager, or designee, to enter into extensions or modifications to the Cooperative Agreement with SBCAG, consistent with the terms of the agreement contract to carry out the Project; and
3. 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 C ity of Santa Maria, California, held this 1st day of August 2023.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager