Agenda — Santa Maria City Council, March 5, 2024 (part 1 of 5)

Mayor Alice Patino
Mayor Pro-Tem Gloria Soto
Councilmember Mike Cordero
Councilmember Carlos Escobedo
Councilmember Maribel Aguilera-Hernandez

CITY COUNCIL AGENDA

CITY OF SANTA MARIA, CALIFORNIA

Tuesday, March 5, 2024
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. •
Zoom Meeting Portal. Participate via Zoom to register to speak during the Public Comment portion of the meeting or on a particular Agenda Item. Use the Zoom link below or dial-in via telephone.
•
Zoom link: https://us02web.zoom.us/webinar/register/WN_cpegMicdSm6Fo45ZMqPCPw Dial Phone #: 1-669-900-9128**
Webinar ID #: 830 5019 7201
**Press *6 to un-mute your phone. Press *9 to raise your hand to speak.

Watch an instructional Video on Participating using Zoom.

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.
•
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.
•
*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

2. will read "Searching for live stream."
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. 4. Zoom Meeting Portal - Registration is required (link above) even for observing the meeting.

American Disability Act Accommodations:

Any member of the public who needs accommodations should email the City Clerk’s Office at [email protected] or call 805-925-0951 x2306. The City Clerk’s Office will use its best efforts to provide reasonable accommodation by request at least 48 hours ahead of the meeting.

1. REMOTE PARTICIPATION UNDER ASSEMBLY BILL NO. 2449
RECOMMENDATION:

The City Council will consider a request from Mayor Pro Tem Gloria Soto to participate in the meeting remotely via "emergency circumstances" due to a physical or family medical emergency that prevents her from attending in-person under Assembly Bill No. 2449.

RECOMMENDATION:

The City Council will consider a request from Councilmember Cordero to participate in the meeting remotely via "emergency circumstances" due to a physical or family medical emergency that prevents him from attending in person under Assembly Bill No. 2449.

CLOSED SESSION - 5:00 P.M.

2. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino

3. 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.

4. RECESS - CLOSED SESSION
The City Council will immediately recess to a closed session for the following:

4.a Conference with Labor Negotiators, Pursuant to California Government Code §54957.6
Agency Representative: Interim City Manager Alex Posada, Interim Human Resources Officer Dawn Jackson, and Negotiations Team.

Employee Organizations: All bargaining units, unrepresented employees, managers, and executives.

4.b Public Employee Recruitment - City Manager, Pursuant to California Government Code §54956.8
OPEN SESSION - 5:30 P.M.

Page 2 of 1110 ends

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

9.a Proclamation - "Arbor Week" March 7 through March 14, 2024 The City Council will recognize March 7 through March 14, 2024, as “Arbor Week” in the City of Santa Maria and invite all residents and businesses to celebrate and take part in the festivities by planting trees and acknowledging the important role trees have in the City.

10. 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.

11. 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.

11.a CITY MANAGER/CITY CLERK DEPARTMENT

11.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.

11.a.2 Approval of Minutes
RECOMMENDATION:

Approve the Minutes of the regular City Council meeting of February 20, 2024, and amended meeting minutes for the regular City Council meeting of February 6, 2024.

Page 3 of 1110 ends

11.b FINANCE DEPARTMENT

11.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.

11.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.

11.c PUBLIC WORKS DEPARTMENT

11.c.1 Establishment of a Large Vehicle Parking Restriction on Grant Street The City Council will consider approving the establishment of a large vehicle parking restriction on Grant Street to improve safety for drivers.

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 establishing a large vehicle parking restriction on Grant Street, along the northerly right of way, beginning at the northeast intersection of Lincoln Street and Grant Street and extending 90 feet east to the southerly driveway of the 1870 Broadway Commercial Shopping Center.

11.c.2 Santa Maria Regional Transit Title VI Program Update for Federal Fiscal Year 2024-2027
The City Council will consider approving the Transit Division’s updated Title VI Program for Federal Fiscal Years 2024-2027. The Federal Transit Administration requires transit funding recipients, such as the City of Santa Maria’s Transit Division, to update its Title VI Program every three years in order to continually receive federal transit funding assistance. The proposed Title VI Program is necessary to maintain compliance with the Federal Transit Administration’s requirements.

RECOMMENDATION:

Adopt a Resolution approving the Santa Maria Regional Transit Title VI Program for Federal Fiscal Years 2024-2027, as proposed in Exhibit A, and authorize the Public Works Director, or designee, to make administrative changes to the Federal Fiscal Year 2024-2027 Title VI Program based on any final Federal Transit Administration feedback, after submission.

Page 4 of 1110 ends

11.c.3 Establishment of a No Stopping Zone on Southside Parkway The City Council will consider approving the establishment of a No Stopping Zone on Southside Parkway adjacent to the Fletcher Park Driveway to improve safety for vehicles exiting the parking lot.

RECOMMENDATION:

Adopt a Resolution to establish a No Stopping Zone on Southside Parkway, along the southerly curb face, beginning at the westerly curb return of the Fletcher Park Driveway continuing west for a length of five linear feet, and beginning at the easterly curb return of the Fletcher Park Driveway continuing east for a length of five linear feet.

11.c.4 Award of Bid for the Minami Center Re-Roofing Project, Bid No. 2023-21 The City Council will consider approving the Award of Bid for the construction of the Minami Center Re-Roofing Project, Bid No. 2023-21 to Best Contracting Services, Inc. in the amount of $398,872. The scope of work includes removal, disposal, and replacement of existing roof; removal and replacement of metal flashing, roof gutters, and downspout; repair of deteriorated roof decking; evaluation of the existing vent system and installation of additional roof vents, if necessary; and all miscellaneous work for a complete installation of the new roof.

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

RECOMMENDATION:

Adopt a Resolution awarding a bid to Best Contracting Services, Inc., in the amount of $398,872, for the construction of the Minami Center Re-Roofing Project, Bid No. 2023-21.

11.c.5 Award of Bid for the Fire Administration Re-Roofing Project, Bid No. 2023-20 The City Council will consider approving the Award of Bid for the construction of the Fire Administration Re-Roofing Project, Bid No. 2023-20 to GN Roofing in the amount of $218,000. The scope of work includes removal, disposal, and replacement of existing roof; removal and replacement of metal flashing, roof gutters, and downspout; repair of deteriorated roof decking; evaluation of the existing vent system and installation of additional roof vents, if necessary; and all miscellaneous work for a complete installation of the new roof.

Page 5 of 1110 ends

RECOMMENDATION:

Adopt a Resolution awarding a bid to GN Roofing, in the amount of $218,000, for the construction of the Fire Administration Re-Roofing Project, Bid No. 2023-20.

11.c.6 Award of Bid for the Battles Road Green Corridor and Beautification Project, Bid No. 2024-01
The City Council will consider approving the Award of Bid for the construction of the Battles Road Green Corridor and Beautification Project, Bid No. 2024- 01 to the J.F. Will Company, Inc. in the amount of $2,264,728. The scope of work includes grading, landscaping, accessibility improvements, and improvements to the multi-purpose trail.

RECOMMENDATION:

Adopt a Resolution awarding a bid to the J.F. Will Company, Inc., in the amount of $2,264,728, for the construction of the Battles Road Green Corridor and Beautification Project, Bid No. 2024-01.

11.d RECREATION AND PARKS DEPARTMENT

11.d.1 Purchase and Sales Agreement for Real Property intended for the Santa Maria Sports Park
The City Council will consider authorizing the purchase of the real property known as Lot 6 of Tract 6022 (Blosser Ranch subdivision), APN 117-240-055, consisting of approximately twenty-one and 13/100s (21.13) gross acres of undeveloped land located in Santa Maria, Santa Barbara County, California.

Adopt a Resolution approving the purchase and sale agreement for Lot 6 of Tract 6022, APN 117-240-055.

11.e UTILITIES DEPARTMENT

11.e.1 Adoption of a Resolution Approving a Pledge of Revenue Agreement with the California Department of Resources Recycling and Recovery for Postclosure Maintenance for the Santa Maria Regional Landfill, Facility No. 42-AA-0016 The City Council will consider changing the funding mechanism from the Solid Waste Enterprise Fund to a Pledge of Revenue Agreement with California Department of Resources Recycling and Recovery for postclosure maintenance for the Santa Maria Regional Landfill.

RECOMMENDATION:

Page 6 of 1110 ends

Adopt a Resolution approving a Pledge of Revenue Agreement with the California Department of Resources Recycling and Recovery for postclosure maintenance for the Santa Maria Regional Landfill, Facility No. 42-AA-0016.

12. PUBLIC HEARING
ORDER OF PROCEEDINGS FOR PUBLIC HEARING ITEMS:

Council Agenda Report to be given.

Applicant/Appellant comments.

Questions from the City Council.

Written communications/Public input.

Public hearing to be closed.

City Council discussion and action.

12.a Holiday Inn Express General Plan Map Amendment, Zone Change, and Planned Development Permit at the 2000 Block of Roemer Court
The City Council will consider approving a General Plan Land Use Map Amendment and Zone Change (GPZ2022-0001) for Lotus Management, Inc. amending a 2.13- acre site FROM an HCM (Heavy Commercial Manufacturing) land use designation and PD/CM (Planned Development/Commercial Manufacturing) zoning TO a CC (Community Commercial) land use designation and PD/C-2 (Planned Development/General Commercial) zoning, and will consider a Planned Development Permit (PD2022-0001) to construct a 4-story, 93-room hotel.

Environmental Notice: Environmental Review for this project was completed through the preparation of an Initial Study/Mitigated Negative Declaration (SCH #2023100092) pursuant to the California Environmental Quality Act State Guidelines.

RECOMMENDATION:

1. Adopt a Resolution to adopt a Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the General Plan Land Use Policy Map Amendment, Zone Change, and Planned Development Permit for Holiday Inn Express, located at the 2000 block of Roemer Court; and RECOMMENDATION:

2. Adopt a Resolution amending the General Plan Land Use Policy Map (GPZ2022- 0001) on 2.13 acres located at the 2000 block of Roemer Court FROM HCM (Heavy Commercial Manufacturing) TO CC (Community Commercial) for Holiday Inn Express; and
RECOMMENDATION:

3. Introduce for first reading, and continue to a future meeting, an Ordinance amending the official Zoning Map for Lotus Management, Inc. (GPZ2022-0001) on

4. Adopt a Resolution approving Planned Development Permit PD2022-0001 for Holiday Inn Express, located at the 2000 block of Roemer Court.

Page 7 of 1110 ends

12.b Zoning Text Amendments for Time Extensions and Permit Revocations, Title 12 of the Santa Maria Municipal Code
The City Council will consider approving Zoning Text Amendments (Z2024-0001) to amend Chapter 12-35, Article 5, Section 12-35.501, "Reconsideration of Discretionary Permits,” and add a new Section 12-35.504, “Permit Revocation,” to Title 12 – Zoning, of the City of Santa Maria Municipal Code.

Environmental Notice: The item is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15378(b)(5).

RECOMMENDATION:

Introduce an Ordinance for the first reading and continue to a future meeting for the second reading and adoption, amendments to Chapter 12-35, Article 5, Section 12-

35.501, “Reconsideration of Discretionary Permits,” and addition of a new Section 12-35.504, “Permit Revocation,” to Title 12 – Zoning of the City of Santa Maria Municipal Code.

12.c Zoning Text Amendments for Accessory Dwelling Units, Title 12 of the City of Santa Maria Municipal Code
The City Council will consider the adoption of Zoning Text Amendments (Z2023- 0001) to amend Chapter 12-56, Accessory Dwelling Units, of Title 12 – Zoning, of the City of Santa Maria Municipal Code.

Environmental Notice: The proposed Zoning Text Amendments are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) per Public Resources Code Section 21080.17.

RECOMMENDATION:

Introduce an Ordinance for the first reading and continue to a future meeting for the second reading and adoption, amendments to Chapter 12-56, Accessory Dwelling Units of Title 12 – Zoning, of the City of Santa Maria Municipal Code.

13. REPORT BY INTERIM CITY MANAGER

14. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234

REPORTS)

15. ADJOURNMENT
PLEASE NOTE:

The next regular meeting of the City Council will be held on March 19, 2024, at 5:30 p.m.

The deadline for submitting items for the March 19th meeting is March 6th.

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

Page 8 of 1110 ends

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 2306. 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.

Page 9 of 1110 ends

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.

Page 10 of 1110 ends

FOR THE COUNCIL MEETING OF MARCH 5, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Interim Director of Recreation and Parks Angela Oslund SUBJECT: Proclamation – “Arbor Week” March 7 through March 14, 2024 The City Council will recognize March 7 through March 14, 2024, as “Arbor Week” in the City of Santa Maria and invite all residents and businesses to celebrate and take part in the festivities by planting trees and acknowledging the important role trees have in the City.

BACKGROUND:

The City of Santa Maria is privileged to recognize the State of California’s proclamation on January 26, 2011, proclaiming March 7 to March 14 of each year as “California Arbor Week”. Arbor Day is celebrated throughout the Nation to encourage Americans to maintain and replenish the country’s vast forests, orchards, and woodlands. Arbor Week is celebrated throughout California by urging residents to observe the week with appropriate tree-planting activities and programs.

DISCUSSION:

Founded by J. Sterling Morton, Arbor Day is celebrated in all 50 states and recognized in several countries. Arbor Day plays an important role in reminding the public of the many benefits trees provide, including clean air, beautiful communities, and shelter for wildlife.

The Santa Maria Recreation and Parks Department has tree-plantings and outdoor nature excursions planned for the community to educate the residents of Santa Maria about the importance of trees, and the history of Arbor Day.

While Arbor Day is celebrated nationally at the end of April, California celebrates Arbor Day early on March 7th in honor of famed California Horticulturalist Luther Burbank’s birthday. In 2011, the California State Assembly and Senate approved Resolution ACR 10, making California Arbor Day a week-long celebration from March 7 through 14 of every year.

Fiscal Considerations:

Funding to purchase the necessary supplies was made available within the Recreation and Parks Department’s FY 2023 - 2024 Budget.
2 Impact to the Community:

Honoring Arbor Week allows the entire community to come together and celebrate the many ways trees benefit not only the City, but the entire world. By showing appreciation and commitment to tree conservation, the community sets an example for younger generations to follow, thus ensuring the spirit of the celebration continues.

The City of Santa Maria's Urban Forest contains over 27,000 trees. Some of these are in parks, and others line our City streets.

City trees make our urban neighborhoods more livable. Trees create a buffer from the often-frantic pace of urban life, they aid in cooling our homes, provide habitat for urban wildlife, help reduce the global greenhouse effect, and absorb noise, pollutants, and unpleasant odors. City trees soften the impacts of concrete and asphalt with greenery.

They can buffer noise, block winds, cool temperatures, absorb carbon dioxide, replenish oxygen, and filter air and water. An "urban forest" is not just trees, but a biological community closely connected to the human community's quality of life.

Greening the Urban Forest
 Improves air quality.
 Cleans and protects stormwater runoff.
 Creates wildlife habitats.
 Increases property value.
 Improves public health.

During Arbor Week, the city will continue planting 15-gallon street trees as part of the Cal Fire Urban and Community Forestry Grant. Additionally, over 50 large street trees will be planted during the next few months using the annual street tree budget.

The Recreation and Parks Department has trees available for planting in front of residences within city limits. Residents interested in having a tree planted in the easement at their home may contact the Recreation and Parks Department at (805) 925- 0951 extension 2260. The Department staff will also provide regular pruning.

Attachment: Proclamation – Arbor Week

City of Santa Maria
Santa Maria, California
Proclamation
WHEREAS, Arbor Day is celebrated nationally at the end of April, California celebrates Arbor Day early on March 7th in honor of famed California Horticulturalist Luther Burbank’s birthday. In 2011, the California State Assembly and Senate approved Resolution ACR 10, making California Arbor Day a week-long celebration during March 7 through 14 of every year; and WHEREAS, Arbor Day is celebrated nationally to encourage Americans to maintain and replenish the country’s vast forests, orchards, urban areas, and woodlands. Arbor Week is celebrated throughout California by urging residents to observe the week with appropriate tree planting activities and programs; and
WHEREAS, the residents of Santa Maria recognize that trees are a vital resource in beautifying the community’s environment and relieving our carbon footprint and serving as valuable economic assets in the City; maintaining or increasing property values and attracting businesses and new residents to Santa Maria; and
WHEREAS, by educating children in the community of the importance of trees, the City of Santa Maria Recreation and Parks Department is working to ensure Arbor Week remains an important week to future generations and is coordinating activities with local schools to educate children on the many benefits trees provide, as well as the history of Arbor Week; and WHEREAS, the City of Santa Maria acknowledges the State of California’s Resolution encouraging a celebration of trees.

NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria hereby recognize the week of March 7, 2024, through March 14, 2024, as:
“ARBOR WEEK”
in the City of Santa Maria and invite all residents and businesses to celebrate and take part in the festivities by planting trees and acknowledging the important role trees have in the City.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 5
th day of March 2024.

Alice M. Patino, Mayor
1 CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA February 6, 2024, 5:30 p.m.

City Hall Council Chambers
110 East Cook Street
Santa Maria
Roll Call: Mayor Alice Patino, Councilmember Maribel Aguilera-Hernandez, Councilmember Mike Cordero, Councilmember Carlos Escobedo, Councilmember Gloria Soto (remotely)
Staff Present: Interim City Manager Alex Posada, City Attorney Thomas Watson, Fire Chief Bradley Dandridge, Director of Public Works Brett Fulgoni, Interim Chief Human Resources Officer Dawn Jackson, Chief Information Officer Jeffrey Marecic, Interim Director of Recreation and Parks Angela Oslund, Chief of Police Marc Schneider, Director of Utilities Shad Springer, Interim Assistant City Manager Chuen Wu, Chief Deputy City Clerk Sarah Lansburgh, Assistant City Clerk Alexandra Valadez _____________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER
Mayor Patino called the meeting to order at 4:33 p.m.

ROLL CALL:

MEMBERS PRESENT:

Councilmembers Maribel Aguilera-Hernandez, Mike Cordero, Carlos Escobedo, Gloria Soto, and Mayor Alice Patino
STAFF MEMBERS PRESENT:

Interim City Manager Posada, City Attorney Watson, and Chief Deputy City Clerk Lansburgh (for roll call only).

Moved by: Mayor Patino
Seconded by: Councilmember Aguilera-Hernandez
Mayor Pro Tem Soto requested remote participation via "emergency circumstances" per AB-2449 due to a physical or family emergency that prevents her from attending in-person. 2 For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, and Councilmember Escobedo
Conflict (1): Councilmember Soto
Motion carried by a recorded vote (4 to 0)

2. PUBLIC COMMENT PERIOD
Mayor invited public comment. Speaking from the public was Jeremy Goldberg, Leo Decasaus, Nicole Bryant, Matt Chircop, Stephen Gilman, Jeremy Mace, and Shea Weidler.

3. RECESS-CLOSED SESSION

3.a Conference with Labor Negotiators, Pursuant to California Government Code §54957.6 Mayor Patino recessed to a Closed Session at 4:54 p.m.

4. RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P.M.

5. INVOCATION
Pastor Tim Mossholder of Santa Maria Foursquare Church gave the Invocation.

6. PLEDGE OF ALLEGIANCE
Councilmember Cordero led the Pledge of Allegiance.

7. CALL TO ORDER
Mayor Patino convened the meeting and called the meeting to order at 5:42 p.m.

8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
City Attorney Watson reported that instructions were provided to the City's Labor Negotiators.

9. PROCLAMATIONS

9.a Proclamation – “2-1-1 Day” February 10, 2024
The City Council presented a Proclamation recognizing February 10, 2024, as “2-1-1 Day” in the City of Santa Maria.

9.b Proclamation – “National Black History Month” February 2024 The City Council present a Proclamation recognizing February 2024 as “National Black History Month”.

10. PRESENTATIONS

10.a Winter 2024 Santa Maria Hometown Heroes
3 The City Council received a presentation of the Winter 2024 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 Richard "Rocky" Arnold Amundson (Navy); Hank Antolini (Army); Jay A. Connor (Army); Captain David P. Cook (Army); Leonard A. Gonzales (Air Force); Jack Lara (Army); Nickolas Lara (Navy); Tony Lara (Navy); Dr. Robert Okerblom (Essential Worker - Healthcare); Michael Pagaling (Marine Corps); Santos Rosas (Army); Blas Torres (Army); Robert Villa (Essential Worker - Education).

10.b Code Enforcement Annual Report
The City Council received a presentation regarding outreach efforts and accomplishments for the 2023 calendar year, and goals for the upcoming 2024 calendar year for the Code Enforcement Division.

Presentation was given by Code Enforcement Manager Dawn Palacios and Code Enforcement Supervisor Yvette Fuentes.

11. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
Mayor Patino invited public comment. Speaking from the public was Yolanda Rodrigues, Gary Hall, Esther Jensen, Steve Baird, Rex Pritchard, Charlie Martinez, Jerry May, Nicole Bryant, Gavin Harrington, Trinidad Ramos (by proxy), Kristine Jacobs, Darryl Scheck, and Don Def (via zoom).

Interim City Manager Posada added that the City Council and the City appreciates City employees participating in the Council meeting and staff is listening to comments and will continue to do its best to continue negotiations.

12. CONSENT CALENDAR
Consent Calendar Items 12.a.1 through 12.e.1 (except 12.a.2 and 12.b.1) were approved as presented, including the adoption of Resolution Nos. 2024-12 and 2024-13. The recorded vote appears with each item below.

Councilmember Cordero commented on item 12.d.1 to recognize all of the contributions made to the Santa Maria Police Department by the Santa Maria Police Council. He thanked the organization for all of their work.

Mayor Patino asked about if the length of lease of item 12.e.1 was able to be longer. Mayor Pro Tem Soto commented that five years was the agreed upon term and she felt that was the best amount of time they would be able to agree to.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
Adopt the Consent Calendar as submitted.

For (5): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, and Councilmember Soto
Motion carried by a recorded vote (5 to 0)
4 12.a CITY MANAGER/CITY CLERK DEPARTMENT

12.a.1 Ordinances and Resolutions
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
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.

Motion carried by a recorded vote

12.b COMMUNITY DEVELOPMENT DEPARTMENT

12.c FINANCE DEPARTMENT

12.c.1 Payment of Warrants
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

Motion carried by a recorded vote

12.c.2 Payment of Payroll
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

Motion carried by a recorded vote

12.d POLICE DEPARTMENT

12.d.1 Adoption of a Resolution Approving the Donation of Gas Mask Equipment to the Santa Maria Police Department from the Santa Maria Police Council
Action: Adopted as Resolution No. 2024-12
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
5 Adopt a Resolution approving the donation of gas mask equipment to the Santa Maria Police Department from the Santa Maria Police Council.

Motion carried by a recorded vote

12.e RECREATION & PARKS DEPARTMENT

12.e.1 Adoption of a Resolution Approving a Five-Year Lease Extension Ammendment to the Land Lease between the Santa Maria Public Airport District and the City of Santa Maria Action: Adopted as Resolution No. 2024-13
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
Adopt a Resolution approving the Five-Year Lease Extension of the existing land lease, effective February 1, 2024, and expiring on January 31, 2029, unless sooner terminated. No options to extend beyond the specified term are granted, and any additional extension of this Lease shall be by mutual agreement of the parties only.

Motion carried by a recorded vote

12. CONSENT CALENDAR

12.a CITY MANAGER/CITY CLERK DEPARTMENT

12.a.2 Approval of Minutes
Moved by: Councilmember Aguilera-Hernandez
Seconded by: Councilmember Escobedo
Approve the Minutes of the regular City Council meeting of January 16, 2024.

For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, and Councilmember Escobedo
Abstain (1): Councilmember Soto
Motion carried by a recorded vote (4 to 0)

12. CONSENT CALENDAR

12.b COMMUNITY DEVELOPMENT DEPARTMENT

12.b.1 Conduct the Second Reading and Adopt Ordinance No. 2024-01 to Amend the Santa Maria Airport Business Park Specific Plan
Action: Adopted as Ordinance No. 2024-01
6 Moved by: Councilmember Aguilera-Hernandez
Seconded by: Councilmember Escobedo
Conduct the second reading and adoption of Ordinance No. 2024-01 to 1) Amend the text of the Santa Maria Business Park Specific Plan’s PD/LI/PF-A zone by the addition of a definition of “Heavy Retail Business”, and the addition of the “Heavy Retail Business” use to the zone’s list of permitted uses, as depicted on Attachment B of the Council Agenda Report dated January 16, 2024, incorporated herein by reference; and 2) Amend the Specific Plan’s Foxenwood Lane street section design (Specific Plan Exhibit 39a) as depicted on Attachment C of the Council Agenda Report dated January 16, 2024, incorporated herein by reference.

For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, and Councilmember Escobedo
Abstain (1): Councilmember Soto
Motion carried by a recorded vote (4 to 0)

13. REPORT BY INTERIM CITY MANAGER
Interim City Manager Posada reported that the next City Council Meeting would be February 20th.

Items on the agenda would include a Closed Session for Labor, an Economic Development Manager item, Awards of Contracts for Veterans Memorial Project, Phase II and Citywide Pedestrian Safety Project, an Annual Fire Department Report, and a Fire Master Plan Update, a 2nd Quarter Financial Report, and an Update to ADU Ordinance, Time Extensions, and Permit Revocations.

Interim City Manager Posada also commented on the storm and staff's ability to keep the damage to a minimum. He recognized the numerous amounts of calls Santa Maria Police Dispatchers have taken as a result of the storm.

14. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS) Councilmember Cordero reported that he attended the Ben Heighes Show (twice), the Elks Fire Appreciation Dinner, the United Way Board Meeting, the Cottonwood Winery Ribbon Cutting, Central Coast Water Authority Board Meeting, Acorn Paper Company event, and Chamber of Commerce State of Education event.

Councilmember Escobedo reported that he attended the Elks Fire Appreciation Dinner, the Chamber of Commerce State of Education event, and was a Guest Speaker for the Leadership Academy.

Councilmember Aguilera-Hernandez reported that she attended the Elks Fire Appreciation Dinner and the Chamber of Commerce State of Education event.

Councilmember Soto reported that she gave birth to her daughter on January 18th.

Mayor Patino reported that she attended the Elks Fire Appreciation Dinner, Project Opioid Meeting, 7 SBCAG Meeting, APCD Meeting, Rick Blaemire Show, Rotary Human Trafficking Awareness Forum, Sisters Residence Groundbreaking, Larry Lavagnino Post Office Renaming Press Conference, Encampment Response Efforts Meeting, Mayors and Councilmembers Academy, Space Activation and Assumption of Command Ceremony at Vandenberg Space Force Base, Guest Speaker at the inaugural meeting of Blue Campaign, LAFCO Meeting, and a Celebration of Life for Russ Weed.

15. ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned at 7:37 p.m.
_________________________
Sarah Lansburgh, Chief Deputy City Clerk
_________________________
Alice M. Patino, Mayor
1 CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA February 20, 2024, 5:30 p.m.

City Hall Council Chambers
110 East Cook Street
Santa Maria
Roll Call: Mayor Alice Patino, Councilmember Maribel Aguilera-Hernandez, Councilmember Mike Cordero, Councilmember Carlos Escobedo, Councilmember Gloria Soto (Remotely)
Staff Present: Interim City Manager Alex Posada, City Attorney Thomas Watson, Fire Chief Bradley Dandridge, Director of Public Works Brett Fulgoni, Interim Chief Human Resources Officer Dawn Jackson, Chief Information Officer Jeffrey Marecic, Interim Director of Recreation and Parks Angela Oslund, Chief of Police Marc Schneider, Director of Utilities Shad Springer, Interim Assistant City Manager Chuen Wu, Chief Deputy City Clerk Sarah Lansburgh, Assistant City Clerk Alexandra Valadez, Toni Lane, Kathleen Wilson
_____________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER
Mayor Patino called the meeting to order at 4:33 p.m.

ROLL CALL:

MEMBERS PRESENT:

Councilmembers Maribel Aguilera-Hernandez, Mike Cordero, Carlos Escobedo, Gloria Soto (remotely), and Mayor Alice Patino
STAFF MEMBERS PRESENT:

Interim City Manager Posada, City Attorney Watson, and Chief Deputy City Clerk Lansburgh (for roll call only).

Moved by: Councilmember Cordero
Seconded by: Councilmember Escobedo
Mayor Pro Tem Soto requested remote participation via "emergency circumstances" per AB-2449 due to a physical or family medical emergency that prevents her from attending in person.

For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, and Councilmember Escobedo
Conflict (1): Councilmember Soto
Motion carried by a recorded vote (4 to 0)

2. PUBLIC COMMENT PERIOD
Mayor Patino invited public comment. Speaking from the public was John Mata, Leonardo Decasaus, Nicole Bryant, Scott Wonnell, Christopher Furtado, Jeremy Mace, Matt Chircop, Charlie Martinez, and Jeff Lee.

3. RECESS-CLOSED SESSION
Mayor Patino recessed to a Closed Session at 5:02 p.m.
2 3.a Conference with Labor Negotiators, Pursuant to California Government Code §54957.6

3.b Public Employee Recruitment - City Manager, Pursuant to California Government Code4 §54956.8

4. RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P.M.

5. INVOCATION
City Attorney Watson gave the Invocation.

6. PLEDGE OF ALLEGIANCE
Councilmember Aguilera-Hernandez led the Pledge of Allegiance.

7. CALL TO ORDER
Mayor Patino convened the meeting and called the meeting to order at 5:58 p.m.

8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
City Attorney Watson reported that instructions were provided to the City's Labor Negotiator.

9. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
Mayor Patino invited public comment. Speaking from the public was Gary Hall and Matt Luis.

10. CONSENT CALENDAR
Consent Calendar Items 10.a.1 through 10.e.2 with an Amendment for item 10.a.1 were approved as presented, including the adoption of Resolution Nos. 2024-14, 2024-15, 2024-16, 2024-17, 2024-18, and 2024-19. The recorded vote appears with each item below.

Moved by: Councilmember Aguilera-Hernandez
Seconded by: Councilmember Cordero
Adopt the Consent Calendar as submitted.

For (5): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, and Councilmember Soto
Motion carried by a recorded vote (5 to 0)

10.a CITY MANAGER/CITY CLERK DEPARTMENT

10.a.1 Approve and Ratify the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees International Union Local 620; Adoption of a Resolution Approving the CalPERS Comprehensive Schematic Pay Schedule Action: Adopted as Resolution No. 2024-14
1) Approve and ratify the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees International Union Local 620; and 2) Adopt a Resolution approving the Comprehensive Schematic Pay Schedule for all full-time and part-time employees in accordance with CalPERS guidelines.

Motion carried unanimously

10.a.2 Ordinances and Resolutions
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.

Motion carried unanimously

10.a.3 Approval of Minutes
3 Approve the Minutes of the regular City Council meeting of February 6, 2024.

Motion carried unanimously

10.b FINANCE DEPARTMENT

10.b.1 Payment of Warrants
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

Motion carried unanimously

10.b.2 Payment of Payroll
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

Motion carried unanimously

10.c FIRE DEPARTMENT

10.c.1 Receive and File the 2023 Annual Fire Department Report

10.c.2 Adoption of a Resolution Authorizing the Submission of an Application for a 2023 Assistance to Firefighters Grant for Personal Protective Equipment Action: Adopted as Resolution No. 2024-15
Adopt a Resolution authorizing the submission of an application to the Federal Emergency Management Agency for a 2023 Assistance to Firefighters Grant for personal protective equipment.

Motion carried unanimously

10.d PUBLIC WORKS DEPARTMENT

10.d.1 Adoption of a Resolution Awarding Bid No. 2023-23 to G. Sosa Construction Inc. for Phase II of The Veterans Memorial Park Improvements Project
Action: Adopted as Resolution No. 2024-16
Adopt a Resolution awarding a bid to G. Sosa Construction, Inc., in the amount of $727,284.26, for the construction of Phase II of the Veterans Memorial Park Improvements Project, Bid No. 2023-23.

Motion carried unanimously

10.d.2 Adoption of a Resolution Awarding Bid No. 2023-17 to V. Lopez Jr & Sons G.E.C., Inc. for the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project Action: Adopted as Resolution No. 2024-17
Adopt a Resolution awarding a bid to V. Lopez Jr & Sons G.E.C., Inc. in the amount of $1,942,704.25, for the construction of the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project, Bid No. 2023-17.

Motion carried unanimously

10.e RECREATION & PARKS DEPARTMENT

10.e.1 Adoption of a Resolution to Approve Filing a Project Application to the California State Parks, Local Assistance Specified Grants-Capital for the Santa Maria Sports Complex 4 Action: Adopted as Resolution 2024-18
Adopt a Resolution allowing the Recreation and Parks Department to file a project application to California State Parks, Local Assistance Specified Grants-Capital, for the Santa Maria Sports Complex.

Motion carried unanimously

10.e.2 Adoption of a Resolution Approving an Agreement with Santa Maria Joint Union High School District for Continued Operation and Use of District Pools Action: Adopted as Resolution No. 2024-19
Adopt a resolution approving the Agreement between the City of Santa Maria and the Santa Maria Joint Union High School District for the continued operation and use of District Pools.

Motion carried unanimously

11. REGULAR BUSINESS

11.a Receive a Presentation of the Santa Maria Fire Department Long-Range Master Plan The City Council received a presentation of the Fire Department Master Plan.

Mayor Patino invited public comment. Speaking from the public were Matt Chircop, Ernest Armenta, Lindy Hatcher, and Laurie Tamaura.

Motion carried unanimously

11.b Adoption of a Resolution Approving an Amendment to a Professional Services Agreement with 2 Mexicans, LLC dba 2M Waste Solutions
The City Council considered adopting a Resolution approving an Amendment to the Agreement for Professional Services with 2 Mexicans, LLC dba 2M Waste Solutions to extend services for three years.

Action: Adopted as Resolution No. 2024-20
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution approving an Amendment to the Agreement for Professional Services with 2 Mexicans, LLC dba 2M Waste Solutions to extend the term by three years and allow up to another $250,000 to be spent on debris removal services over the extension of the contract.

For (5): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, and Councilmember Soto
Motion carried by a recorded vote (5 to 0)

11.c Review Second Quarter Financial Report Ending December 31, 2023; Adoption of a Resolution Approving Second Quarter Amendments to 2023-24 Budget for Proposed Personnel and Budget Adjustments; Adoption of a Resolution Approving the Updated Salary Schematic The City Council considered receiving the 2023-24 Second Quarter Financial Report and adoption of Resolutions approving amendments to 2023-24 budget.

Mayor Patino invited public comment. Speaking from the public was Ernest Armenta.

The City Council directed staff to remove the Economic Development Manager and ARPA positions from this item and bring those two positions back to the City Council for consideration as separate item at a meeting to be determined.

Action: Adopted as Resolution No. 2024-21 and 2024-22
5 Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
1) Received and filed the Financial Report for the Second Quarter ending December 31, 2023; 2) Adopted a Resolution approving Second Quarter amendments to the 2023-24 Budget for personnel and operational changes without ARPA and Economic Development Manager positions; and 3) Adopted a Resolution establishing the City of Santa Maria Administrative Leader, Program Leader, and Business Leader job classes, approving the corresponding job specifications for each, and approving the updated comprehensive salary schematic.

For (5): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, and Councilmember Soto
Motion carried by a recorded vote (5 to 0)

12. REPORT BY INTERIM CITY MANAGER
Interim City Manager Posada reported that the next City Council Meeting would be March 5th. Items on the agenda would include a Closed Session for Labor and City Manager Recruitment, Proclamation for Arbor Week, Santa Maria Regional Transit Title VI Plan Update for Federal Fiscal Year 2024-2027, Large vehicle parking restriction on Grant Street, No stopping zone on Southside Parkway, Technical Amendments, ERP and Staffing Plan, Parks Assessment, General Plan & Zone Change, and an Update to ADU Ordinance.

13. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS) Councilmember Cordero reported that he attended a Leaders on Homelessness meeting, CommUnify 2-1-1 event, Developer presentation, City of Santa Maria Employee Awards Dinner, and City Council Goal Setting session.

Councilmember Escobedo reported that he attended City of Santa Maria Employee Awards Dinner and City Council Goal Setting session.

Councilmember Aguilera-Hernandez reported that she attended Fire Dedication, City of Santa Maria Employee Awards Dinner, and Marian Regional Medical Center Board of Directors Meeting.

Councilmember Soto reported that she had no report.

Mayor Patino reported that she had no report.

14. ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned at 8:00 p.m.
_________________________
Sarah Lansburgh, Chief Deputy City Clerk
_________________________
Alice M. Patino, Mayor
FOR THE COUNCIL MEETING OF MARCH 5, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Establishment of a Large Vehicle Parking Restriction on Grant Street Description:

The City Council will consider approving the establishment of a large vehicle parking restriction on Grant Street to improve safety for drivers.

RECOMMENDATION:

BACKGROUND:

Santa Maria resident Ms. Lydia Mora has requested the establishment of a large vehicle parking restriction on West Grant Street, adjacent to the Lincoln Street intersection, due to the negative impact the large trucks have on the availability of residential parking and the detriment to audio and visual quality of life for the residents on West Grant Street. The vehicles are not precluded from parking in this area under Santa Maria Municipal Code section 7-5.18, which precludes large vehicles from parking in residential areas. The Traffic Committee reviewed and approved the request during the December 20, 2023, meeting.

DISCUSSION:

Per Section 22507 (a) of the California Vehicle Code, “Local authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles that are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day.”
2 Per Section 7-5.17 of the Santa Maria Municipal Code, “The City Council, by order duly entered in the minutes of a regular or adjourned regular meeting thereof, shall designate the particular streets or highways or portions thereof upon which parking by vehicles whose overall length exceeds twenty-two (22) feet is prohibited and shall cause signs to be erected on such streets or highways or portions thereof at a distance of not more than one hundred sixty-five (165) feet apart.”
The large vehicle parking restricted zone recommended to be established is described as follows:

1. Grant Street, along the northerly right of way, beginning at the northeast intersection of Lincoln Street and Grant Street and extending 90 feet east to the southerly driveway of the 1870 Broadway Commercial Shopping Center.

Alternative(s)
The alternative to the recommended action would be to not approve the establishment of the large vehicle parking restriction on Grant Street.

Fiscal Considerations
Establishing the height-restricted parking zone will require labor and materials to erect poles and mount signs. The posts and signs will need long-term maintenance as the signs fade, vehicular collisions or vandalism occurs. Staff estimates it will cost the City $500 to install the signs. The Alternative Transportation Enhancement expenditure account will be used to cover these costs.

Impact to the Community
The large vehicle parking restriction will increase on-street parking availability for passenger vehicles. It will reduce the line-of-sight issues faced by passenger vehicles turning from Lincoln Street to Grant Street.

ATTACHMENTS
A. Drawing Proposed Large Vehicle Parking Restriction on Grant Street Linc
oln St
W Grant St
±

CITY OF SANTA MARIA

DEPARTMENT OF PUBLIC WORKS
110 SOUTH PINE STREET
SANTA MARIA, CA 93458

PROPOSED HEIGHT RESTRICTED

PARKING ZONE

NEC LINCOLN & GRANT ST
DRAWN BY: APPROVED BY:

LUIS A. MAGALLON DAVID BEAS
DRAWING NO: SCALE:

N/A NTS
SHEET NO:
2 OF 5
90 FT
R28D (CA)
Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, ESTABLISHING A LARGE VEHICLE PARKING

RESTRICTION ON GRANT STREET, ALONG THE NORTHERLY

RIGHT OF WAY, BEGINNING AT THE NORTHEAST INTERSECTION
OF LINCOLN STREET AND GRANT STREET AND EXTENDING 90
FEET EAST TO THE SOUTHERLY DRIVEWAY OF THE 1870
BROADWAY COMMERCIAL SHOPPING CENTER.

WHEREAS, it is in the best interest of the City of Santa Maria to establish parking restrictions at certain locations within the City; and
WHEREAS, the City of Santa Maria Traffic Committee has reviewed and is recommending the establishment of parking restrictions at the locations described below; NOW, THEREFORE, IT IS HEREBY RESOLVED that pursuant to Section 7-5.17 of the Santa Maria Municipal Code and Section 22507 (a) of the California Vehicle Code, parking restrictions against vehicles that are six feet or more in height or exceed twenty-two feet in length shall be established on the following streets, incorporated herein by reference, at the following locations by the City Council of the City of Santa Maria, California, as follows:

BE IT FURTHER RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The foregoing shall constitute traffic regulations pursuant to ordinance.

2. All work is to be accomplished using the standards and methods approved by the Director of Public Works and City Engineer. This shall be in accordance with standard City specifications, and the provisions of this resolution are to be carried out by erecting signs, painting marks, and temporary markers and barricades required, and by such other indicators or devices as may be under provisions of the Vehicle Code of the State of California and regulations adopted pursuant thereto.

3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary. ///
///
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 5
th day of March 2024.

ATTEST:

Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
Interim City Manager
FOR THE COUNCIL MEETING OF MARCH 5, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Santa Maria Regional Transit Title VI Program Update for Federal Fiscal Year 2024-2027
Description:

The City Council will consider approving the Transit Division’s updated Title VI Program for Federal Fiscal Years 2024-2027. The Federal Transit Administration requires transit funding recipients, such as the City of Santa Maria’s Transit Division, to update its Title VI Program every three years in order to continually receive federal transit funding assistance. The proposed Title VI Program is necessary to maintain compliance with the Federal Transit Administration’s requirements.

RECOMMENDATION:

BACKGROUND:

Title VI, 42 U.S.C. Section 2000d, of the Civil Rights Act of 1964 states: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” As a Federal Transit Administration (FTA) funding recipient, the City of Santa Maria Transit Division must therefore ensure that its programs, policies, and activities comply with the Title VI Regulations of the Civil Rights Act of 1964. The proposed Federal Fiscal Year (FFY) 2024-27 Title VI Program Update (FFY 2024-27 Title VI Program) has been created to comply with the requirements and to demonstrate the City’s commitment to upholding the values of Title VI.
2 DISCUSSION:

This Santa Maria Transit Division’s FFY 2024-27 Title VI Program has been prepared to ensure that the level and quality of Santa Maria Regional Transit’s (SMRT) fixed route and demand response services are provided in a nondiscriminatory manner and that the opportunity for full and fair participation is offered to SMRT’s riders and other community members.

Similarly, through this program update, SMRT has examined the need for services and materials for persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English, and is creating strategies to engage these members of the public so that they too may benefit from these services.

The community's feedback on the proposed program was solicited in the development of the FFY 2024-27 Title VI Program. In accordance with the Transit Division’s adopted Public Engagement Manual, public outreach and public participation are a component of developing the FFY 2024-27 Title VI Program. The draft FFY 2024-27 Title VI Program was made available for review online and even in-person for a thirty-day window commencing on November 15, 2023, and extending to December 15, 2023. Additionally, two public meetings were held on December 7, 2023, to give the public time and opportunity to review and critique the proposed program. Only after the public participation process is complete, is the final proposed FFY 2024-27 Title VI Program developed and brought to City Council for adoption.

Alternative(s)
The alternative is not to approve the FFY 2024-27 Title VI Program. This is not a recommended alternative as this action would cause the City to become ineligible to receive federal transit funding assistance.

A second alternative is to make modifications to the FFY 2024-27 Title VI Program.

However, this alternative is not recommended as any modification would necessitate an additional 30-day public review process before adoption. The FFY 2024-27 Title VI Program before City Council already reflects the outcomes of the public participation process.

Fiscal Considerations
There are no fiscal impacts to adopting the proposed FFY 2024-27 Title VI Program.

There are, however, consequences for not completing the process of establishing a renewed Title VI Program on a triennial basis, as it is necessary for the continual receipt of federal funding assistance for the City’s Transit program. ///
///
///
3 Impact to the Community
Adoption of the FFY 2024-27 Title VI Program ensures transit services are provided in a nondiscriminatory manner and that the opportunity for full and fair participation is given to members of the public while also assuring that the City of Santa Maria’s Transit program qualifies to continue to receive federal funding. Not adopting a compliant program would jeopardize federal funding and would have negative impacts on the users of the City’s public transit system, Santa Maria Regional Transit.

RESOLUTION NO

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, APPROVING THE SANTA

MARIA REGIONAL TRANSIT TITLE VI PROGRAM FOR FEDERAL
FISCAL YEARS 2024-2027, AS PROPOSED IN EXHIBIT A, AND

AUTHORIZE THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO

MAKE ADMINISTRATIVE CHANGES TO THE FEDERAL FISCAL YEAR
2024-2027 TITLE VI PLAN BASED ON ANY FINAL FEDERAL TRANSIT ADMINISTRATION FEEDBACK, AFTER SUBMISSION.

WHEREAS, the City of Santa Maria receives funds from Federal Transit Administration (FTA) Section 5307 funds for capital and operating assistance funds; and WHEREAS, the City of Santa Maria provides fixed route and Americans with Disabilities Act transit services in the City limits and North Santa Barbara County; and WHEREAS, FTA requires transit operators to submit a Title VI Program Update every three years as a condition of receipt of FTA Section 5307 funds; and WHEREAS, the City has prepared its Title VI Program Update in accordance to FTA Circular 4702.1B.

WHEREAS, Santa Maria Regional Transit held public meetings to openly discuss with the public and business community the proposed Federal Fiscal Year (FFY) 2024- 27 Title VI Program on December 7, 2023; and
WHEREAS, all public feedback was considered and helped shape the final FFY 2024-27 Title VI Program, upon approval; and
WHEREAS, the Council has authorized the Public Works Director, or designee, to make administrative changes to the FFY 2024-27 Title VI Program based on any final FTA feedback.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The City of Santa Maria’s FFY 2024-27 Title VI Program for the Santa Maria Transit Public Transportation Services is approved.

2. The Council has authorized the Public Works Director, or designee, to make administrative changes to the FFY 2024-27 Title VI Program based on any final Federal Transit Administration (FTA) feedback.

3. The Chief Deputy City Clerk is hereby authorized to make minor changes herin to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 5
th day of March 2024.

ATTEST:

Chief Deputy City Clerk
Mayor
EXHIBIT A: Proposed Santa Maria Regional Transit Title VI Program for Federal Fiscal Years 2024-2027
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
Interim City Manager
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 1 CITY OF SANTA MARIA
TITLE VI PROGRAM | SANTA MARIA TRANSIT
Prepared by: City of Santa Maria
Department of Public Works | Transit Division
110 South Pine Street, Suite 101 | Santa Maria, CA 93458 805| 925.0951 x2225 | [email protected] http://www.cityofsantamaria.org
Exhibit A
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 2 TABLE OF CONTENTS
I. Title VI Policy Statement
a. Applicability
II. General Requirements and Guidelines
III. Subcontractors and Vendors
IV. Complaint Procedures and Appeals
a. How to File a Title VI Complaint with the City of Santa Maria Transit b. Complaint Response Procedure
c. Appeals Process
d. Filing a Title VI Complaint with the FTA Office of Civil Rights V. Investigations, Complaints, or Inquiries Alleging Discrimination VI. Record Keeping
VII. Title VI Information Dissemination
a. List of Public Locations Title VI Notice Is Posted
VIII. Public Participation Plan
a. Purpose
b. Public Meeting and Comment Period for Major Service Reduction and Fare Increase c. Key Principles
d. Early, Continuous and Meaningful
e. Goals of the Public Participation Plan
f. Objectives of the Public Participation Plan
g. Scheduling Public Meeting Locations and Times
h. Outreach Efforts to Alert Riders and Encourage Engagement i. Bi-Lingual Mediums of Notification
j. Procedures for Conducting Public Meetings
k. Documentation of Public Meetings
l. Addressing Public Comments Received
m. Outreach to Engage Minority and Limited English Proficient (LEP) Populations n. Identification of Stakeholders and Community Partners o. Summary of Community Outreach Efforts Made Since Last Title VI Program Submission
IX. Limited English Proficiency (LEP) Plan
a. Factor 1 – Number of LEP Persons in Service Region
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 3 b. Factor 2 – Frequency of LEP Use
c. Factor 3: The Importance of Santa Maria Transit Service to the LEP Population d. Factor 4: Resources and Costs for LEP Outreach
X. Efforts to Ensure Subrecipient Compliance with Title VI a. Subrecipient Compliance
b. Equity Analysis for Facility
c. Demographic Service Profile
XI. Systemwide Service Standards and Policies
a. Vehicle Load
b. Vehicle Headway
c. Weekday Fixed Route
d. Weekend Fixed Route
e. Weekday Breeze
f. On-Time Performance
g. Service Availability
h. Distribution of Transit Amenities
i. Vehicle Assignment
XII. Determination of Site or Location of Facilities
XIII. Grants, Reviews, and Certifications
a. Pending Applications for Financial Assistance
b. Pending FTA Grants
c. Open FTA Grants
d. Civil Rights Compliance Reviews in the Past Three Years e. Previous Triennial Review Findings
XIV. Santa Maria Transit Contact
XV. Appendices
a. TITLE VI Complaint Form
b. TITLE VI Acknowledgment Letter
c. TITLE VI: Response to Complaint Letter
d. TITLE VI: Complaint Not Substantiated Letter
e. TITLE VI: Employee Education Form
f. TITLE VI: Employee Acknowledgment of Receipt of Education g. TITLE VI: City of Santa Maria Website
h. TITLE VI: Information Quick Guide
i. TITLE VI: Sample Bus Notification
j. TITLE VI: Marketing
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 4 I. Title VI Policy Statement
The City of Santa Maria Transit (SMT) is committed to ensuring that no person is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any of its programs, activities, or services on the basis of race, color, or national origin, as protected by Title VI of the Civil Rights Act of 1964.

Title VI, 42 U.S.C. Section 2000d, of the Civil Rights Act of 1964 states:
“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” As a Federal Transit Administration (FTA) fund recipient, the City of Santa Maria Transit will ensure that its programs, policies, and activities comply with the Department of Transportation (DOT) Title VI Regulations of the Civil Rights Act of 1964.

The City of Santa Maria Transit will ensure that the level and quality of its transportation service are provided without regard to race, color, or national origin.

The City of Santa Maria Transit will promote full and fair participation of all affected populations in the transportation decision-making process.

The City of Santa Maria Transit will ensure that Limited English Proficient (LEP) individuals have access to the City’s transit program, activities, and services. A copy of the City’s LEP Plan can be found at RideSMAT.com.

The City of Santa Maria Transit, in compliance with Title 49 CFR Section 21.9 (d), will provide information to the public regarding its obligations under the DOT Title VI regulations and apprise members of the public of the protections against discrimination afforded to them by Title VI.

The City of Santa Maria Transit will not condone retaliation against an individual for his/her involvement in asserting his/her rights pursuant to Title VI or because he/she filed a complaint or participated in an investigation under Title VI, and/or this regulation.

No person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.
-Civil Rights Act of 1964
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 5 Applicability
This policy applies to all City of Santa Maria employees, members of the public, and all contractors hired by the City of Santa Maria.

As of April 17, 2018, the City of Santa Maria Transit has an established contract with RAPT-Dev, Inc. for operations and maintenance of the City of Santa Maria fixed-route public transit system.

The contractor(s), by extension, will also assist and comply with the adopted Title VI policy.

Failure of a City of Santa Maria Transit employee to follow this policy and procedure may subject such employee to disciplinary action up to and including employment termination.

Santa Maria Transit has engaged the public in the development of this program. The service standards detailed in this program, along with the open house meetings were all presented and discussed at public information meetings in July 2021.

To develop a system to provide services to those with limited English proficiency, Santa Maria Transit engaged a number of community organizations.

In February 2024, the City Council is scheduled to review this (proposed) Title VI Plan, public input submitted about the plan, provide their input, and adopt the Title VI Program Update which will cover Federal Fiscal Years 2024-27. This program contains all of the elements required of a transit provider operating in an urbanized area of 200,000, or less in population, and operating less than fifty vehicles in peak service. It supersedes Santa Maria Transit’s Title VI Program of December 7, 2023. It has been prepared using data from the most recent (2020-2022) U.S. Census data.

II. General Requirements and Guidelines
The City of Santa Maria Transit, in ensuring that no person is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any of its programs, activities, or services based on race, color, or national origin, will not:

1. Provide any service, financial aid, or benefit that is different from that provided to others;

2. Subject an individual to segregation or separate treatment;

3. Restrict an individual in the enjoyment of any advantage or privilege enjoyed by others;

4. Deny any individual service, financial aid, or benefits under any of the City’s programs, services, or activities;

5. Treat individuals differently in terms of whether they satisfy admission or eligibility requirements;

6. Deny an individual the opportunity to participate as a member of a planning or advisory body.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 6 The City of Santa Maria Transit shall evaluate systemwide service and fare changes at the planning and programming stages to determine whether these changes have a discriminatory impact on low-income and Limited English Proficient (LEP) individuals.

Santa Maria Transit’s Public Participation Plan has been prepared to ensure that no one is precluded from participating in Santa Maria Transit’s service planning and development process.

It ensures that:

1. Potentially affected community members will have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health;

2. The public’s contribution can and will influence Santa Maria Transit’s decision making;

3. The concerns of all participants involved will be considered in the decision-making process; and

4. Santa Maria Transit will seek out and facilitate the involvement of those potentially affected.

Through an open public process, Santa Maria Transit has developed a Public Engagement Manual to serve as its participation plan to encourage and guide public involvement efforts and enhance access to Santa Maria Transit’s transportation decision-making process by minority and Limited English Proficient (LEP) populations. The Public Engagement Manual describes the overall goals, guiding principles, and outreach methods that Santa Maria Transit uses to reach its riders. A copy of the most recent Public Engagement Manual can be found at RideSMRT.org The City of Santa Maria Transit will keep the public informed of protections against discrimination afforded to them by Title VI and the City’s obligations under Title VI by posting a Title VI Quick Guide (Appendix H) on the City website at cityofsantamaria.org, in transit vehicles, and in public areas of the agency’s administrative office. The Title VI Complaint Form (Appendix A) will also both be posted on the City website at cityofsantamaria.org and is available at the City of Santa Maria Public Works Department at 110 S. Pine Street, Suite 221 in Santa Maria.

The City of Santa Maria Transit will provide information, upon request from FTA, in order to investigate complaints of discrimination or to resolve concerns about possible Title VI noncompliance. Santa Maria Transit Title VI Program has been prepared in accordance with FTA Circular 4702.1B, dated October 1, 2012. The City of Santa Maria Transit will submit its Title VI Program to the FTA Regional Civil Rights Officer every three years to ensure compliance with Title VI Requirements.

III. Subcontractors and Vendors
All subcontractors and vendors who receive payments from the City of Santa Maria Transit where funding originates from any federal assistance are subject to the provisions of Title VI of the Civil City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 7 Rights Act of 1964 as amended. Written contracts shall contain non-discrimination language, either directly or through the bid specification package which becomes an associated component of the contract.

IV. Complaint Procedures and Appeals
a. How to File a Title VI Complaint with the City of Santa Maria Transit Any person who believes they have been excluded from participation in denied the benefits of or otherwise subjected to discrimination on the basis of race, color, or national origin, may file a signed, written complaint up to one hundred eighty (180) days from the date of the alleged discrimination by contacting the Transit Manager (Title VI Coordinator) by phone, email, or in writing:

City of Santa Maria
Department of Public Works – Transit Division
110 S. Pine Street, Street, Suite 101
Phone: 805| 925.0951 x2459
Email: Santa Maria [email protected] As an alternative, customers may also submit their complaints to:

U.S. Department of Transportation
Federal Transit Administration
Office of Civil Rights, Region IX
201 Mission Street, Suite 1650
San Francisco, CA 94105-1839
The Title VI Complaint Form (Appendix A) may be used to file a Title VI Complaint with the City of Santa Maria Transit. The complaint form can be obtained by downloading an electronic form from the City website at cityofsantamaria.org or by calling the Title VI Coordinator at (805) 925.0951 x2459. The complaint form will be made available in an accessible format including audiotape, braille, large font, and other languages upon request. The City of Santa Maria Transit encourages all complainants to submit complaint forms by certified mail, return receipt requested, through the U.S. Postal Service.

Tips on Filing a Complaint
• Be sure to complete the Complaint Form in full. Customers are required to sign the Complaint Form. • If the complainant is unable to write a complaint, Santa Maria Transit will provide assistance. • Be sure to include your name, address, and contact information (phone number, email address, etc.).
• Be sure to include how, when, where, and why you believe you were discriminated against. • Be sure to include the location, names, and contact information of any witnesses.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 8 b. Complaint Response Procedure
Any person who believes they have been discriminated against on the basis of race color, or national origin by Santa Maria Transit may file a Title VI complaint. The procedure is described on the City of Santa Maria’s website at cityofsantamaria.org.

What happens to the complaint after it is submitted?
Receipt of Complaint and Acknowledgement
A letter acknowledging receipt of the complaint will be mailed within thirty (30) working days of Receipt of Complaint (Appendix C). Please note that in responding to any requests for additional information, a complainant's failure to provide the requested information may result in the administrative closure of the complaint.

Procedures for Investigating Complaints
Upon receipt of the complaint, the Title VI Coordinator will investigate the complaint and decide on the basis of the information provided. A formal investigation of the complaint will be confidential, the extent allowed by law, and will include, but is not limited to, details of the specific incident, frequency and dates of occurrences, and names of any witnesses. The complainant will be notified of the resolution.

How will the complainant be notified of the outcome of the complaint? The City of Santa Maria Transit will send a final written response letter to the complainant within sixty (60) working days of Receipt of Complaint (Appendix C or D). In the letter notifying the complainant that the complaint is not substantiated (Appendix D), the complainant is also advised of his or her right to:

1. appeal within seven (7) calendar days of receipt of the final written decision from the City of Santa Maria Transit, and/or;

2. file a complaint externally with the U.S. Department of Transportation (DOT) and/or the Federal Transit Administration (FTA).

Appeals Process
If the complainant is not satisfied with the resolution, an appeal process is available. An appeal request for review of a determination of unlawful denial of access or accommodation to the public transportation must be filed, in writing, within seven (7) working days of receipt of the final written decision from the City of Santa Maria Transit. The written appeal must include the customer’s name, address, and telephone number. A statement of the reason(s) why the complainant believes the denial of the complaint was inappropriate is recommended.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 9 The City of Santa Maria Public Works Director will set a mutually agreed-upon time and place for the review process with the complainant and/or his/her representatives within thirty (30) working days of the appeals request. The complainant may submit documents or other information to be included with the record and considered in the review process. A record of the review will be kept, as determined by the City of Santa Maria Public Works Director. Anyone needing reasonable accommodations may contact the City at (805) 925-0951 x 2225 for assistance.

Filing a Title VI Complaint with the FTA Office of Civil Rights Individuals or organizations can also file a complaint directly with the Federal Transit Administration (FTA) Office of Civil Rights. A complaint must be filed no later than one hundred eighty (180) calendar days after the date of the alleged discrimination unless the time for filing is extended by FTA. Completed and signed Title VI Complaint forms should be sent to:

Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor – TCR
1200 New Jersey Ave., SE
Washington, DC 20590
Phone: 1-866-377-8642
The FTA Title VI Complaint Form can be found at the following link:
https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/fta-civil-rightscomplaintform Once a complaint has been accepted by FTA for investigation, FTA will go through an investigative process and make determinations based on findings. The investigative process and determination by FTA should be completed within one hundred eighty (180) calendar days of the date the FTA accepts the complaint for investigation. The City of Santa Maria Transit will cooperate with FTA, when required, during the investigative process and will take appropriate actions when a violation is determined. Upon completion of the investigation, the FTA Office of Civil Rights will transmit to the complainant and the grantee a letter of finding and resolution. If either party wishes to appeal the decision, the letter of finding and resolution will provide the opportunity and instructions to do so.

V. Investigations, Complaints, or Inquiries Alleging Discrimination The City of Santa Maria will maintain a list (a minimum of four years inactive status) of any Title VI investigations, complaints, or lawsuits filed which allege the City of Santa Maria discriminated against a person or group on the basis of race, color, or national origin.

The list will include, at a minimum:

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 10 • The date the investigation, complaint, or lawsuit was filed • A summary of the allegation(s)
• The status of the investigation, complaint, or lawsuit • Any actions or corrective actions taken by the City in response to the investigation, complaint, or lawsuit.

The City of Santa Maria has had no complaints, investigations, or lawsuits which allege discrimination on the basis of race, color, national origin, or any other form of discrimination since the last Title VI Program submission effective August 1, 2019.

VI. Record Keeping
The Title VI Coordinator will maintain permanent records, which include, but are not limited to, signed acknowledgments of receipt from the employees indicating the receipt of the City of Santa Maria Title VI Plan, copies of Title VI complaints or lawsuits and related documentation, and records of correspondence to and from complainants, and Title VI investigations.

VII. Title VI Information Dissemination
Title VI information shall be publicly displayed in the City of Santa Maria Transit Bus Yard Facility at 1303 Fairway Dr, the Santa Maria Transit Center at 400 E. Boone Street, and on fixed-route revenue vehicles. The plan information, along with contact information for the City of Santa Maria Transit Title VI Coordinator is available on the City of Santa Maria Transit website at cityofsantamaria.org. Additional information relating to nondiscrimination obligations can be obtained from the City of Santa Maria Transit Title VI Coordinator.

Title VI information shall be disseminated to Santa Maria Transit employees annually via the Employee Education form (Appendix E). This form reminds employees of the Santa Maria Transit policy statement and their Title VI responsibilities in their daily work and duties. During New Employee Orientation, new employees shall be informed of the provisions of Title VI and City of Santa Maria Transit expectations to perform their duties accordingly.

All employees shall be provided a copy of the Title VI Program and are required to sign the Acknowledgement of Receipt (Appendix F). Title VI information shall also be made available in non-English languages, consistent with the City of Santa Maria Transit Limited English Proficiency (LEP) plan.

List of Public Locations Title VI Notice Is Posted
The City of Santa Maria Transit Title VI Notice to the public is currently posted at the following locations:
• City of Santa Maria Transit Office, 110 S Pine Street City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 11 • City of Santa Maria Transit Center, 400 E. Boone Street • City of Santa Maria Transit Bus Yard Facility, 1303 Fairway Dr • Santa Maria Transit website, cityofsantamaria.org
• Fixed-route revenue vehicles
•
VIII. Public Engage Plan for Public Participation
Per the City of Santa Maria Major Service Reduction and Fare Increase Policy, the City of Santa Maria shall maintain an open and participative process including the consideration of public comment before any major service reduction or fare increase.

Purpose
49 U.S.C. section 5307(d)(1)(I) provides that urban grant recipients shall have: “a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation.”
The City of Santa Maria Transit is a recipient of Federal Transit funding and therefore must establish an acceptable public meeting procedure with respect to fare increase and major service reductions as required by Federal law.

Public Meeting and Comment Period for Major Service Reduction and Fare Increase Example of
Fixed Route
Notifications
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 12 Definitions
a. A major service reduction is defined as a reduction in service of 20 percent of daily revenue miles or hours or a number of indefinite service reductions in any given fiscal year that add up to more than 20 percent of daily revenue miles or hours. b. b. A fare increase is defined as an increase to a fare per price per unit of service. c. An emergency service change is defined as a service change that is to be in effect for fewer than thirty (30) days and the service change does not meet the criteria as a major service reduction. Examples include but are not limited to those due to power failure, severe weather, major construction, reconstruction, pandemic, and improvement projects.

A public comment period shall be held at least forty-five (45) calendar days prior to implementation of a major service change or fare increase.

Key Principles
Santa Maria Transit Public Participation Plan (PPP) has been prepared to ensure that no one is precluded from participating in the Santa Maria Transit service planning and development process. It ensures that:
• Potentially affected community members will have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health;
• The public’s contribution can and will influence Santa Maria Transit decision making; • The concerns of all participants involved will be considered in the decision-making process; and
• Santa Maria Transit will seek out and facilitate the involvement of those potentially affected.

Through an open public process, Santa Maria Transit has developed a public participation plan to encourage and guide public involvement efforts and enhance access to Santa Maria Transit’s transportation decision-making process by minority and Limited English Proficient (LEP) populations. The public participation plan describes the overall goals, guiding principles, and outreach methods that Santa Maria Transit uses to reach its riders.

Early, Continuous and Meaningful
The steps outlined in the public participation plan offer early (in the planning process), continuous, and meaningful opportunities for the public to be involved in the identification of social, economic, and environmental impacts of proposed transportation decisions at Santa City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 13 Maria Transit. It is a guide for how Santa Maria Transit engages its diverse community. Santa Maria Transit may continue to improve its public participation methods over time based on feedback from all of its riders and community members including low-income, minority, and LEP populations as well as customer and community-based organizations.

Goals of the Public Participation Plan (PPP)
The goals of Santa Maria Transit’s PPP include:
• Participation for Influence. The process clearly identifies and communicates where and how participants can have an influence and direct impact on decision-making. • Consistent Commitment. Santa Maria Transit communicates regularly, develops trust with riders and our community, and builds community capacity to provide public input. • Diversity. Participants represent a range of socioeconomic, ethnic, and cultural perspectives, with representative participants including residents from low-income neighborhoods, ethnic communities, and residents with LEP. • Accessibility. Every reasonable effort is made to ensure that opportunities to participate are physically, geographically, temporally, linguistically, and culturally accessible. • Relevance. Issues are framed in such a way that the significance and potential effect are understood by participants.
• Participant Satisfaction. People who take the time to participate feel it is worth the effort to join the discussion and provide feedback.
• Partnerships. Santa Maria Transit develops and maintains partnerships with communities through the methods described in its public participation plan. • Quality Input and Participation. Comments received by Santa Maria Transit are useful, relevant, and constructive, contributing to better plans, projects, strategies, and decisions.

Objectives of the Public Participation Plan
Santa Maria Transit’s PPP is based on the following principles:
• Flexibility. The engagement process will accommodate participation in a variety of ways and be adjusted as needed.
• Inclusiveness. Santa Maria Transit will proactively reach out to and engage low-income, minority, and LEP populations from the Santa Maria Transit service area. • Respect. All feedback will be given careful and respectful consideration. • Proactive and Timeliness. Participation methods will allow for early involvement and be ongoing.
• Clear, Focused, and Understandable. Participation methods will have a clear purpose and use for the input and will be described in language that is easy to understand. • Honest and Transparent. Information provided will be accurate, trustworthy, and complete.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 14 • Responsiveness. Santa Maria Transit will respond and incorporate appropriate public comments into transportation decisions.
• Accessibility. Meetings will be held in locations that are fully accessible and welcoming to all area residents, including, but not limited to, low-income and minority members of the public and in locations relevant to the topics being presented and discussed.

Santa Maria Transit will use its public participation plan when considering fare changes, modifications to routes and schedules, and other transit planning projects when:

1. A fare increase is being considered;

2. A new route is established;

3. An existing route is proposed for elimination;

4. Reduction of twenty percent or more of the daily transit revenue vehicles miles of a route; or

5. Reduction of twenty percent or more of the number of route miles of a route; that reduces the total number of one-way bus trips by more than 20% of the current number of bus trips.

6. For minor schedule and service changes not rising to the level of those above, SANTA MARIA TRANSIT will post service change notices on appropriate buses and stops thirty (30) days in advance of the change date, whenever possible.

7. Exemptions to the public participation plan include the following:
• For minor discount or forgoing of fares for temporary promotional periods. • For minor change in service for minor route changes and/or schedule changes that do not exceed the thresholds of 20%.
• Experimental or emergency service.
• Seasonal service variation.
• If any experimental or emergency service or fare change remains in effect for more than 275 days, they will be subject to public comment and/or public hearing.

Scheduling Public Meeting Locations and Times
a. To the greatest extent possible, public meetings will be held in a convenient, accessible, and diverse locations. All facilities used for a public meeting will be accessible to persons with disabilities.

Regional Partnership/Capitol Programming
For its capitol programming, Santa Maria Transit uses the Santa Barbara County Association of Governments’ (SBCAG) adopted public participation plan dated December 2014. This plan clearly indicates that the MPO’s public participation process satisfies the Santa Maria Transit’s public participation requirements for its Program of Projects. The notices for the involvement activities and time established for public review of and comments on the TIP will satisfy FTA’s program of projects requirements
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 15 • The public meeting location will be along bus routes whenever possible; • The public meeting will be held under the supervision of the City of Santa Maria Transit Manager;
• The public comments will be recorded and filed;
• Spanish speaking and other language assistance availability; • When in-person meetings are not attainable, they may take place via web-based meeting platforms such as Zoom or Teams.
b. Following the public meeting, staff will recommend for City Council consideration. c. If City Council adopts a plan for Major Service Reduction or Fare Increase, the City of Santa Maria Transit Manager shall be authorized and directed to implement the action according to the approved transit schedule. The schedule shall provide a minimum of 45 calendar days public notice of the service or fare changes prior to implementation.

Outreach Efforts to Alert Riders and Encourage Engagement Santa Maria Transit’s PEM includes various mediums extending beyond the traditional approach which relies on legal notices and intermittent media coverage. While Santa Maria Transit maintains these elements to its outreach program along with bus cards in English and Spanish, Rider Alerts, Santa Maria Transit has availed itself of the communication methods more widely used by members of our community and riders.

While there may be minor variations in the outreach process from time to time, the outline below provides the general steps for engaging riders in the decision-making process using a fare or service change as an example.
• Establish a task force to develop a public draft document to present to the open house meetings for discussion. The composition of the task force is the following: Transit Services Manager, Operations Manager (Contractor), and the Road Supervisor (Contractor). Other members may be invited to attend as appropriate. The public draft document will summarize existing conditions, the need for change(s), options, rider suggestions since previous schedule printing, and other components, as necessary. The public draft document will be in English and Spanish.
• Perform an internal review of the public draft document. This task is performed by the task force.
• A Title VI review of the proposal is conducted;
• Title VI issues are addressed (if any) and the service changes are finalized; • Public outreach venues, dates, and times are determined with consideration of the proposed changes and their impact on specific locations/populations within the Santa Maria Transit service area;
• Bilingual (English and Spanish) public outreach materials and a program are developed; City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 16 • Outreach in advance of public information sessions is released (using a toolbox of mediums listed below);
• An email and/or flyer is transmitted to Santa Maria Transit community partners; • Local radio stations are notified, and interviews may be conducted (if available); • When the public comment period ends; transit staff prepares a summary for the City Council to review detailing the outcome of the public participation process along with staff recommendations;
• The final service/fare change date is set;
• Public notification and marketing are conducted in advance of any service or fare change; • Website updated in advance and in Bi-lingual of the proposed change.

Bi-Lingual Mediums of Notification
• Print. Newspapers and other periodicals.
• Outdoor. Advertising on-board buses, bus shelters, and at the transit center. • Website. Santa Maria Transit will include meeting notices on its website. • Web-Based Feedback / Email: Santa Maria Transit developed a customer-based email address for riders to correspond via email at [email protected] • Radio. Santa Maria Transit uses widely, as appropriate. • Bus Cards and On-board Flyers. Santa Maria Transit regularly uses bus cards and flyers to provide riders with details of service changes and schedules of public meetings and hearings.
• On-Board Audio Messaging. Santa Maria Transit regularly uses its existing technology to provide onboard messaging.
• Direct Mail to Community Partners. Santa Maria Transit sends notices and flyers in the mail to community partners. In the event of failed deliveries, Santa Maria Transit will research a new address and attempt hand delivery and or email. • Public Information Sessions, Public Hearings, and Legal Notices samples provide in Appendix J.
• Rider Alerts/Take Ones. Santa Maria Transit regularly uses Rider Alerts for passengers to take that detail service changes and schedules of public meetings and hearings.

Exemptions
The following criteria establish certain instances which are exempt from the requirement to solicit public comment:
• Annual seasonal variations (i.e., academic service and summer service) • Special events (i.e., marathon, triathlon, etc.)
• Changes imposed and under control by private organizations (i.e., Allan Hancock College) • Emergency service change
• Experimental service changes for a period of 180 days or less, unless the changes extend beyond 180 days and meet the criteria
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 17 • Any fare, ticket, or pass rate changes that do not result in increased fares per unit of service
• Increases in service
• Decreases in fares
Procedures for Conducting Public Meetings
Public meetings will begin with a welcome and introduction of staff present. The meeting purpose and proposed action will be explained and clarified for attendees. When the explanation of proposed actions is completed, the public will be invited to offer their comments. All persons wishing to comment will have the opportunity to do so. This public comment period will precede the close of the workshop.

Documentation of Public Meetings
Records of City of Santa Maria Transit public meetings on major service reduction or fare increase will be maintained on file for ten (10) years per the City of Santa Maria Records Retention Policy and Schedule.

Addressing Public Comments Received
Public comments received either in writing or verbally during a public meeting or public comment period will be addressed by the City of Santa Maria Transit prior to the established date for City Council decision regarding proposed major service reduction or fare increase. Public comments will be entered into the public record of the comment process. Staff will evaluate and analyze all relevant comments received to determine whether they are reasonable to meet.

Outreach to Engage Minority and Limited English Proficient (LEP) Populations The City of Santa Maria Transit will continue assessing the language needs of citizens in itsservice area per the Language Assistance Plan (LAP), which is described in greater detail in the Limited English Proficiency (LEP) Plan section of this Title VI Program. To the greatest extent possible, to elicit public participation from minority and LEP populations, the City will engage in the following outreach activities:
• Public outreach may include attending already existing community meetings and gatherings in order to invite participation from LEP populations who may not attend hosted public events.
• Santa Maria Transit will ensure that non-English language interpretation will be available at any public meeting and community event, as deemed necessary. • Public meeting notices will be displayed in both English and Spanish.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 18 • Event information on the Santa Maria Transit website will be posted in English and Spanish, as deemed necessary.
• Santa Maria Transit will distribute event information to community groups and agencies that work with LEP populations if such contacts exist.
• Santa Maria Transit will contract to provide language assistance, or interpretations services, for customers and callers that are non-English speaking, as deemed necessary.

Identification of Stakeholders and Community Partners
Stakeholders are those who are either directly or indirectly affected by a plan or the recommendations of that plan. Those who may be adversely affected, or who may be denied the benefit of a plan’s recommendation(s), are of particular interest in the identification of specific stakeholders. Stakeholders can come from a number of groups including general citizens/residents, minority and low-income persons, public agencies, and private organizations and businesses. While stakeholders may vary based on the plan or program being considered, Santa Maria Transit has assembled a listing of stakeholders with whom we regularly communicate through email and direct mail. A complete list of Santa Maria Transit’s community stakeholders can be obtained by contacting Santa Maria Transit.

Summary of Community Outreach Efforts Made Since Last Title VI Program Submission The City of Santa Maria Transit has made the following community outreach efforts since the last Title VI Program submission summarized below:

Meeting Dates
& Times
Public Meeting
Location
Meeting Details Noticing &
Advertising
Limited English
Accommodation
December 7,,
2023, 4:30
p.m.

City of Santa
Maria Library
Shepard Hall
421 South
McClelland
Street, Santa
Maria, CA
Invitation to the public
to participate in and
gain an understanding
of the following: Title VI
Program, Santa Maria
Area Transit’s
Complaint Procedures,
Public Participation
The meeting
notices/ flyers
were posted at the
following
locations: Two
separate Vallarta’s
Supermarket, the
Santa Maria
Staff was
available to
translate for
Spanishspeaking
community
members.

Stakeholder List Major Service Reduction and Fare Increase Policy Any community organization or person can be added to Santa Maria Transit’s stakeholder list and receive regular communications regarding service changes by contacting the Santa Maria Transit administrative office at (805) 925-0951, Ext. 2225. Local organizations and businesses can also request that a speaker from Santa Maria Transit attend their regular meeting at the same number or through the Santa Maria Transit’s website.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 19 Plan, Limited English
Proficiency Population,
and Service Standards.

Participants were then
encouraged to ask
questions to improve
the conduciveness
of the program.

Transit Bus Yard,
buses, City’s
Website, PSAs on
KSOY and KSBY,
Santa Maria Times
(local newspaper),
and Que Pasa
(Spanish
Newspaper).

December 7,
2023, 6:30
p.m.

City of Santa
Maria Library
Shepard Hall
421 South
McClelland
Street, Santa
Maria, CA
Invitation to the public
to participate in and
gain an understanding
of the following: Title VI
Program, Santa Maria
Area Transit’s
Complaint Procedures,
Public Participation
Plan, Limited English
Proficiency Population,
and Service Standards.

Participants were then
encouraged to ask
questions to improve
the conduciveness
of the program.

The meeting
notices/ flyers
were posted at the
following
locations: Two
separate Vallarta’s
Supermarket, the
Santa Maria
Transit Bus Yard,
buses, City’s
Website, PSAs on
KSOY and KSBY,
Santa Maria Times
(local newspaper),
and Que Pasa
(Spanish
Newspaper).

Staff was
available to
translate for
Spanishspeaking
community
members.

IX. Limited English Proficiency (LEP) Plan
Per the United States Department of Justice (U.S. DOJ) Executive Order 13166, Limited English Proficient (LEP) persons are individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English. Santa Maria Transit is required to take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of our programs and activities of individuals who are LEP. Santa Maria Transit consulted the United States Department of Transportation (U.S. DOT) LEP Guidance and performed a Four Factor Analysis of public engagement to determine the appropriate mix of LEP services to offer.

Limited English Proficient (LEP)
LEP refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 20 The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, FTA Circular 4702.1B, dated October 1, 2012, which states that no person shall be subjected to discrimination on the basis of race, color, or national origin.

This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, staff training that may be required, and how to notify LEP persons that assistance is available.

In order to prepare this plan, the City utilized the U.S. DOT Four Factor Analysis which considers the following factors:

1. The number or proportion of LEP persons in the service area eligible to be served or likely to be encountered by the Santa Maria Transit Program;

2. The frequency with which LEP persons come in contact with Santa Maria Transit programs, activities, or services;

3. The nature and importance of programs, activities, or services provided by the Santa Maria Transit to the LEP population; and

4. The resources are available to Santa Maria Transit and the overall costs of providing LEP assistance.

A summary of the results of the Santa Maria Transit Four Factor Analysis is in the following section:

Factor 1 – Number of LEP Persons in Service Region
The first step in determining the appropriate components of a Language Assistance Plan is understanding the proportion of LEP persons who may encounter Santa Maria Transit’s services, their literacy skills in English and their native language, the location of their communities and neighborhoods, and, more importantly if any are underserved as a result of a language barrier.

To do this, Santa Maria Transit evaluated the level of English literacy and to what degree people in its service area speak a language other than English, and what those languages are. Data for this review is derived from the United States Census Bureau “American FactFinder” web portal data from 2013. Data was reviewed for Santa Maria Transit’s service area consisting of the city limits of Santa Maria, Lompoc, Buellton, Solvang, and the unincorporated areas of Los Alamos, Orcutt, and north Santa Barbara County.

Santa Barbara County Overview
Santa Maria Transit’s service system encompasses an area of thirty-four square miles in the County of Santa Barbara, California. The primary languages in the county are English and Spanish.

Of the total County population (448,299), approximately fifteen percent (15.45%) or 69,252 City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 21 residents report speaking English “less than very well.” The most populous groups in the category are shown below.

Within the County of Santa Barbara, nearly forty percent (37.50%) of the population of 448,229 report speaking in a language other than English. Thirty percent (30.45%) or 136,482 of the total population speaks Spanish and of that number, fourty-four percent (44%) or 60,612 residents report speaking English “less than very well.” Second to Spanish-speaking residents are residents speaking other languages representing approximately seven percent (7.05%) or 31,611 or, with twenty-seven percent (27.33%) or 8,640 reporting speaking English “less than very well.” Speak English Less than Well (County)
This data from the 2022 Title VI Plan reveals that at the county level, while there are numerous languages spoken at home, there is a significant Spanish-speaking population that reports speaking English less than well.

Because Santa Maria Transit’s service area also includes other cities and unincorporated areas of the county, additional census data was reviewed at the municipal level.

Santa Maria
Within the City of Santa Maria, sixty-two percent (62.23%) of the population of 110,124 report speaking in a language other than English. Fifty-six percent (56.53%) or 62,257 of the total population speaks Spanish and of that number, fifty-fourpercent (54.41%) or 33,872 residents report speaking English “less than well.” Second to Spanish-speaking residents are residents speaking other languages represent approximately six percent (5.70%) or 6,274 or, with approximately fourty-nine percent (49.54%) or 3,108 reporting speaking English “less than very well.”
Lompoc
Santa Maria Transit operates intercity service to the City of Lompoc. Within the City of Lompoc, fourty-five percent (45.81%) of the population of 41,137 report speaking in a language other than English. Forty percent (40.97%) or 16,851 of the total population speaks Spanish and of that number, forty-two percent (42.31%) or 7,129 residents report speaking English “less than very well.” Second to Spanish-speaking residents are residents speaking other languages (1,995) or Speak English
“Less than very Well”
Population Total
Spanish 60,612 13.52%
Other Indo-European 1,476 0.33%
Asian & Pacific Island 4,830 1.08%
Other 2,334 0.52%
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 22 approximately five percent (4.85%), with nearly twenty-nine percent (29.17%) or 582 reporting speaking English “less than very well.”
Buellton
Santa Maria Transit operates intercity service to the City of Buellton. Within the City of Buellton, eighteen (18.75%) of the population of 5,151 report speaking in a language other than English.

Fifteen percent (15.32%) or 789 of the total population speaks Spanish and of that number, fiftyfive percent (55.13%) or 435 residents report speaking English “less than very well.” Second to Spanish-speaking residents are residents speaking other languages (177) or approximately three percent (3.44%), with zero percent (0%) or zero (0) reporting speaking English “less than very well.”
Solvang
Santa Maria Transit operates intercity service to the City of Solvang. Within the City of Solvang, twenty-four (24.41%) of the population of 6,035 report speaking in a language other than English.

Seventeen percent (17.49%) or 1,053 of the total population speaks Spanish and of that number, forty-four percent (44.25%) or 466 residents report speaking English “less than very well.” Second to Spanish-speaking residents are residents speaking other languages (420) or approximately seven percent (6.96%), with nearly thirty-two percent (32.00%) or 131 reporting speaking English “less than very well.”
Orcutt
Santa Maria Transit operates intercity service to Orcutt (unincorporated). Within Orcutt, sixteen percent (16.85%) of the population of 31,137 report speaking in a language other than English.

Thirteen percent (13.39%) or 4,167 of the total population speaks Spanish and of that number, nearly twenty-four percent (24.48%) or 1,020 residents report speaking English “less than very well.” Second to Spanish-speaking residents are residents speaking other languages (1,080) or approximately three percent (3.47%), with nearly twenty-six percent (26.48%) or 286 reporting speaking English “less than very well.”
Los Alamos
Santa Maria Transit operates intercity transit service to Los Alamos (unincorporated). Within Los Alamos, six percent (6.12%) of the population of 834 report speaking in a language other than English. Six percent (6.12%) or 51 of the total population speaks Spanish and of that number, twenty-seven percent (27.45%) or 14 residents report speaking English “less than very well.” There were no reported residents speaking languages other than English and Spanish.

The table below summarizes Santa Maria Transit’s service are:

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 23 The Locations of the LEP Community
While the need to provide language services to the Spanish-speaking population in the Santa Maria Transit service area is clearly demonstrated in the tables above; it is helpful to understand where in the service area populations of limited English proficiency reside.

The map below provides a spatial display of residents who speak Spanish at home and report speaking English “less than well.”
Santa Maria Transit has long been aware of the significant Spanish-speaking population in its service area. The map indicates locations where this population is concentrated in the service area; most notably in the Cities of Santa Maria, Buellton, Solvang, and Lompoc, and unincorporated Los Alamos and Orcutt.

Area Spanish Speaking
Population
Spanish Speaking
English “Less than
very Well”
Speak other
Language
California 10,461,392 25% 15%
County of Santa Barbara 136,486 14% 19%
Santa Maria 62,257 31% 6%
Orcutt 4,167 24% 3%
Lompoc 16,851 42% 5%
Los Alamos 51 6% 0%
Buellton 789 55% 3%
Solvang 1,053 17% 7%
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 24 As a part of the 2019, Short Range Transit Plan Santa Maria Transit conducted an Outside Community Survey to identify barriers to ridership, as well as gauge public perceptions and identify additional needs.

A bilingual survey (English and Spanish) was created through discussions with Santa Maria Transit staff. Survey fielding included three components:

1. Intercept at locations throughout the community (e.g., retail centers, public buildings, churches, etc.),

2. First-class direct mailer to a random selection of households throughout Santa Maria, and

3. Online.

Intercept surveying took place at the Oasis Senior Center, Elwin E. Mussel Senior Center, Santa Maria Public Library, Allan Hancock College Student Union, Growing Grounds Farmers Market, and Paul Nelson Aquatics Center. Collectively, these fielding efforts resulted in 729 valid surveys, exceeding the sample target of 400 by more than 82 percent.

Although the survey was offered in both English and Spanish, the majority of participants (92.2 percent) chose to complete the survey in English. The survey identified that respondents were most likely to only speak English at home (48.8 percent), followed by both English and Spanish (28.4 percent). Respondents with only Spanish spoken at home comprised 12.8 percent. This differs from the 2017 ACS 5-Year Survey finding that 33.9 percent of residents (5 years and older) within Santa Maria speak English “less than very well.” City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 25 *City of Santa Maria - Short Range Transit Plan, Community Survey, November 2020 Several conclusions can be drawn from this review:
• Of those reporting speaking English “less than well”, the largest population speaks Spanish at home;
• This pattern is also true when data is reviewed at the municipal level; • This pattern is also true in Santa Maria Transit’s suburban communities; and • The LEP population (Spanish) is concentrated in the core of Santa Maria Transit’s service area.
• There is a need to translate documents and outreach materials into Spanish (Santa Maria Transit uses Spanish for “Latin Americans living in the United States” for its translations) • Additional language services would benefit other LEP populations, although the likely encounters with the service are significantly lower than the Spanish-speaking group.

Factor 2 – Frequency of LEP Use
There are a large number of places where Santa Maria Transit riders and members of the LEP population can come into contact with Santa Maria Transit services including the use of fixedroute and demand response buses, calls to customer service representatives, reservation agents, and Santa Maria Transit’s outreach materials. An important part of the development of Santa Maria Transit’s Language Access Plan is the assessment of major points of contact, including:
• The use of the bus service (onboard signage, announcements, and driver language skills); • Communication with Santa Maria Transit’s customer service staff; City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 26 • Bus pass sales;
• Printed outreach materials;
• Web-based outreach materials;
• Public meetings;
• Demand response reservation agents;
• Local news media (print and radio);
• Automatic, service-related audio announcements on-board Santa Maria Transit buses; and
• Service-related posters at Santa Maria Transit’s bus terminal.

To better understand the frequency with which LEP riders come into contact with Santa Maria Transit will continue to monitor the above.

Factor 3: The Importance of Santa Maria Transit Service to the LEP Population Access to the services provided by Santa Maria Transit, both fixed route and demand response are critical to the lives of many in Santa Maria Transit’s service area. Many depend on Santa Maria Transit’s fixed-route services for access to jobs and for access to essential community services like schools, shopping, and medical appointments. Riders eligible for service under the Americans with Disabilities Act (ADA) require service for the same reasons. Because of the essential nature of the services and the importance of these programs in the lives of many of the region’s residents, there is a need to ensure that language is not a barrier to access.

Santa Maria Transit operates twelve fixed routes serving Santa Maria, Orcutt, and Tanglewood.

The two regional commuter routes 20 and 30(operated by the City of Santa Maria) link the Santa Maria area with Vandenberg, Lompoc, Los Alamos, Buellton, and Solvang.

Santa Maria Transit service is provided on weekdays (6:30 a.m. to 8:30 p.m.), and Saturdays and Sundays (8:30 a.m. to 7:00 p.m.). The regional routes 20 and 30 operate on weekdays (5:00 a.m. to 7:15 p.m.). The one-way fare is $1.50 on local and regional.

To assess Santa Maria Transit customer satisfaction as well as operational performance, Moore & Associates conducted an on-board survey of actual Santa Maria Transit riders across six service days. A bilingual (English/Spanish) survey form was offered to reach the rider upon boarding. To encourage survey participation, each respondent was entered into a random drawing for a VISA gift card.

A total of 513 valid responses were collected. This translates to ±4.3 percent statistical validity.

Although the survey was offered in both English and Spanish, the majority of participants (86 percent) chose to complete the survey in English.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 27 Seventy-one percent of respondents live in a household where English is spoken, though other languages may be spoken as well. English-only households comprised 41.7 percent of respondents. Spanish-only households comprised 22.4 percent of respondents.

*City of Santa Maria - Short Range Transit Plan, Onboard Customer Survey, November 2020 Factor 4: Resources and Costs for LEP Outreach
SANTA MARIA TRANSIT has committed resources to improve access to its services and programs for LEP persons. Today, bilingual information (English/Spanish) is distributed in an extensive number of mediums including:
• A bilingual English/Spanish website
• A complete bilingual English/Spanish system timetable • A complete bilingual English/Spanish Rider’s Guide to demand response services • (ADA paratransit)
• Bilingual English/Spanish outreach materials (bus cards and rider alerts) • Bilingual English/Spanish representation at public meetings • Bilingual English/Spanish customer service representatives • Bilingual English/Spanish Demand Response reservation agents/customer service • representatives
• Bilingual English/Spanish on-board signage
To date, the costs associated with these efforts fit within the Santa Maria Transit marketing and outreach budget. Costs are predominantly associated with translation services and material production.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 28 Contracted Employees
RATP-Dev, Inc. is the current Operations and Maintenance contractor since July 1, 2018.

Currently, RATP-Dev includes office staff that is bilingual. Dispatch and customer service are bilingual, or they will have bilingual staff readily available. RATP-Dev also utilizes translation applications (i.e., Google Translate) to assist in communication with customers who have limited English proficiency as needed.

Drivers have basic knowledge of common words and phrases used by the Spanish-speaking community when riding the bus. Drivers have a “Language Card” that consists of basic Spanish words and phrases that drivers may encounter. If needed, drivers can contact dispatch for translation assistance.

Oversight and Post-Event Assessments
Monitoring, evaluating and updating the language assistance plan and public participation process is an ongoing process. The focus is to improve community engagement to ensure compliance with Santa Maria Transit’s Title VI Plan, Public Participation Program, Language Assistance Plan, and other community outreach efforts. The monitoring of the Language Assistance Plan will include annual reviews of regional census data for changing patterns of LEP populations; ongoing collaboration with regional partners; ongoing review of translation requests on the Santa Maria Transit website and other material.

X. Efforts to Ensure Subrecipient Compliance with Title VI As a primary recipient of FTA funds, the City of Santa Maria Transit is required to assist subrecipients of federal financial assistance to support sub-recipient compliance with Title VI regulations. Primary recipients are also required to monitor sub-recipients for compliance with regulations. The City developed monitoring procedures to ensure that the City’s sub-recipients comply with the Federal Transit Administration’s requirements for receipt of federal funds.

These monitoring procedures include Title VI requirements.

Subrecipient Compliance
The City of Santa Maria has developed Federal Oversight Standard Operating Procedures for Subrecipient Review.

The City of Lompoc, the City of Guadalupe, and Santa Barbara County Association of Governments (SBCAG) are sub-recipients of the City of Santa Maria Transit. The City meets to explain the requirements with the sub-recipients. The City will provide any explanation and assists the sub-recipients to develop reports to efficiently collect the information needed. The reports are due to the City:

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 29 • Title VI Policy
• Title VI Bus Notifications
• Preventative Maintenance
• Public Participation Policy
• Grant Reconciliation
• Drug & Alcohol
• Half Fare Policy
• Inventory & Assets
• DBE Plan
• Maintenance Plan
• Cost Allocation Plan • EEO Program
• Charter Service Program • School Bus Program
• Tripper Schedule • ADA Service Provisions
• ADA Training • ADA Maintenance
• Route Deviation • ADA Complaint Procedures
• Complementary Paratransit Service
The City meets with the sub-recipients annually or more in the event there is a change in reporting requirement. Below summarizes the process for sub-recipient compliance:

The process to review and monitor sub-recipient compliance is:

1. At the beginning of each fiscal year, the City will review the reporting requirements.

Reference documents are the current Triennial Review Manual and circulars located on the Federal Transit Administration website.

2. The city will schedule a meeting with the sub-recipients to review reporting and updates if any.

3. As part of the meeting with the sub-recipients, the City will schedule on-site visits. The city will request the following documents to be submitted to the City at the on-site visits:

Title VI Policy, Limited English Plan, Title VI Bus Notifications, MIS reports, Public Participation Plan, Maintenance Plan, Cost Allocation Plan, fare policy, and other required information.

4. The City will develop an inspection checklist prior to on-site visits. The inspection checklist will consist of all required items, references, pass/fail, and corrective action.

5. The inspection checklist will also include of required elements for document requests.

6. The City will schedule individual meetings to review findings and corrective action if any.

7. The City will send letters of Findings and Corrections to sub-recipients. The letter will summarize findings, expected corrective actions, and completion date.

8. The City will be available to clarify and/or assist sub-recipients.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 30 9. The City will send close-out letters when all findings have been completed.

Santa Maria Transit provides oversight of these operations including Title VI. Based on the 2017 Final Report from the Federal Transit Administration Triennial Review, there were no Title VI findings, including Santa Maria Transit’s oversight of these operators.

Equity Analysis for Facility
During the past three (3) years, Santa Maria Transit has not constructed a vehicle storage, operations center, or maintenance facility.

Demographic Service Profile
Because Santa Maria Transit operates fewer than 50 buses in peak service, a demographic service profile was not prepared for this plan update.

XI. Systemwide Service Standards and Policies
Service standards and policies are designed to encourage and include public participation in the decision-making process in order to deter any discrimination and/or exclusion. To review the strategies and procedures set forth by the City of Santa Maria Transit, refer to the Public Participation Plan in this document. In accordance with FTA Circular 4702.1B, Chapter IV, the City of Santa Maria Transit is required to set service standards for each specific mode of fixed-route transit provided, and at a minimum must include the following indicators:
a. Vehicle Load
b. Vehicle Headway
c. On-Time Performance
d. Service Availability
The City of Santa Maria Transit is also required, at a minimum, to set services policies for the distribution of transit amenities for each mode and vehicle assignment. The City of Santa Maria Transit currently has an active fleet of seventeen (25) buses that are used for the City of Santa Maria Transit fixed-route transit service. Only fifteen (16) of these buses are used at peak periods of service. This does not trigger the threshold of additional service standards which transit providers that operate fifty (50) or more fixed-route vehicles in peak service must include as part of their Title VI Program.

The following sections outline the City of Santa Maria Transit service standards and policies for its fixed-route services.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 31 Vehicle Load
Vehicle load is expressed as the ratio of passengers to the total number of seats on a vehicle.

Vehicle load varies by route, time of day, and season. The City of Santa Maria Transit uses a fixedroute fleet of buses interchangeably systemwide based on ridership demand, vehicle availability, and roadway constraints. Roadway constraints and passenger loads limit bus interchangeability on certain routes. The table below identified the maximum load factor for the City of Santa Maria Transit.

Bus Type Seated Standing Total Max Load Factor
30-ft 2020 Gillig 28 15 43 1.6
30-ft 2018 Gillig 28 15 43 1.6
35-ft 2018 Gillig 33 20 53 1.6
40-ft 2007 Gillig 38 25 63 1.6
40-ft 2009 Gillig 38 25 63 1.6
40-ft 2010 Gillig 38 25 63 1.6
40-ft 2011 Gillig 38 25 63 1.6
40-ft 2014 Gillig 38 25 63 1.6
40-ft 2017 Gillig 38 25 63 1.6
Vehicle Headway
Vehicle headway is the amount of time between two vehicles traveling in the same direction on a given line or combination of lines. A shorter headway corresponds with more frequent service.

Vehicle headways are measured in minutes (e.g., every 15 minutes) and are generally used to determine the level of service provided along a route.

On-Time Performance
On-time performance is a measure of runs completed as scheduled, which is defined by the transit operator. City of Santa Maria Transit routes is considered to be “on time” if the bus departs an established timepoint no later than five (5) minutes as published on the route schedule. Buses are not allowed to depart earlier than the scheduled time point. To ensure high quality of service, the on-time performance standard for the City’s fixed-route transit services the City has implemented a real-time AVL pilot project.

Service Availability
Service availability is a general measure of the distribution of routes within a transit provider’s service area. For the City of Santa Maria, transit routes are designed to provide transit access within ¼ mile for 90 percent of residents within the City of Santa Maria Transit.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 32 Distribution of Transit Amenities
Transit amenities refer to the items of comfort, convenience, and safety that are available to the general riding public. For the City of Santa Maria Transit, the installation of transit amenities along any specific route is based on ridership demand and the number of passengers boardings at stops along these routes. Currently, Santa Maria Transit riders have access to over 116 bus stops. The City of Santa Maria Transit is responsible for maintaining bus stops and bus stop amenities.

Vehicle Assignment
As previously stated, fleet vehicles are not route-specific or assigned by service mode. Vehicles with the highest seating capacity are assigned to routes with higher passenger ridership.

XII. Determination of Site or Location of Facilities
Title 49 CFR Section 21.9(b)(3), the City of Santa Maria Transit is required to conduct a Title VI equity analysis during the planning stage of any facility in order to ensure that the project’s location is selected without regard to race, color, or national origin. Since the last Title VI Program submission, the City has not planned or constructed any facilities as defined by the circular.

Therefore, the City of Santa Maria Transit has not completed a Title VI Equity Analysis. An Equity Analysis will be conducted should the City engage in planning for the construction of any facility requiring analysis.

XIII. Grants, Reviews, and Certifications
Pending Applications for Financial Assistance
Santa Maria Transit has no pending applications for financial assistance from any federal agency other than the FTA.

Pending FTA Grants
Santa Maria Transit has no pending FTA grants currently.

Open FTA Grants
Grant Name Project
CA-2016-063-01 Operating Assistance, Capital Cost of Contracting Assistance, Buses Overhaul, Replacement Bus
CA-2018-008-01 Operating Assistance, Capital Cost of Contracting Assistance, Expansion Buses, ADA Sedans
CA-2018-139-01 Operating Assistance, Capital Cost of Contracting Assistance, Replacement Bus
CA-2020-128-01 Operating Assistance
Civil Rights Compliance Reviews in the Past Three Years City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 33 Santa Maria Transit has not been the subject of any such reviews.

Recent Annual Certifications and Assurances
Santa Maria Transit executed its most recent Certification and Assurances to the FTA for 2021.

The City is current.

Previous Triennial Review Findings
Santa Maria Transit’s 2021 Triennial Review resulted in no findings with respect to its Title IV Plan or activities.

IXV. Santa Maria Transit Contact
For additional information on the Santa Maria Transit’s Title VI Plan, or its efforts to comply with the Civil Rights Act of 1964 or Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency, please contact:

City of Santa Maria (d.b.a. Santa Maria Area Transit)
Gamaliel Anguiano, Transit Manager
110 S. Pine Street, Suite 101 | Santa Maria, CA 93458
805| 925-0951 Extension 2480 | [email protected] City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 34 APPENDICES
A. TITLE VI Complaint Form
B. TITLE VI Acknowledgment Letter
C. TITLE VI: Response to Complaint Letter
D. TITLE VI: Complaint Not Substantiated Letter
E. TITLE VI: Employee Education Form
F. TITLE VI: Employee Acknowledgment of Receipt of Education G. TITLE VI: City of Santa Maria Website
H. TITLE VI: Information Quick Guide
I. TITLE VI: Sample Bus Notification
J. TITLE VI: Marketing
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 35 APPENDIX A
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 36 City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 37 City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 38 City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 39 APPENDIX B

SAMPLE TITLE VI COMPLAINT ACKNOWLEDGMENT LETTER
[DATE]
[PASSENGER FIRST, LAST NAME]
[ADDRESS]
[CITY, STATE, ZIP]
SUBJECT: TITLE VI COMPLAINT ACKNOWLEDGMENT LETTER
Dear [PASSENGER NAME],
This letter is to acknowledge receipt of your complaint against City of Santa Maria Transit concerning the following:
______________________________________________________________________________ _____________________________________________________________.

Santa Maria Transit staff will begin an investigation shortly and notify you of the findings soon thereafter. If you have additional information you wish to convey or questions concerning this matter, please feel free to contact this office by telephoning, mail or email to the following:

City of Santa Maria - Santa Maria Transit
ATTN: Title VI Coordinator
110 S. Pine Street, Suite 101 | Santa Maria, CA 93458
805| 925-0951 Extension 2225 | [email protected] Sincerely,

TITLE VI COORDINATOR
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 40 APPENDIX C

SAMPLE TITLE VI RESPONSE TO COMPLAINT LETTER
[DATE]
[PASSENGER FIRST, LAST NAME]
[ADDRESS]
[CITY, STATE, ZIP]
SUBJECT: TITLE VI RESPONSE TO COMPLAINT LETTER
Dear [PASSENGER NAME],
The matter referenced in your letter of ______________ [date] concerning Santa Maria Transit regarding Title VI violation has been investigated. (A/An) apparent violation(s) of Title VI of the Civil Rights Act of 1964, including those mentioned in your letter (was/were) identified.

Efforts are underway to correct these deficiencies. Thank you for calling this important matter to our attention. You were extremely helpful during our review of the program. [If a hearing is requested, the following sentence may be appropriate.] You may be hearing from this office, or from federal authorities, if your services should be needed during the administrative hearing process.

Sincerely,

TITLE VI COORDINATOR
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 41 APPENDIX D

SAMPLE TITLE VI RESPONSE TO COMPLAINT LETTER - COMPLAINT NOT SUBSTANTIATED [DATE]
[PASSENGER FIRST, LAST NAME]
[ADDRESS]
[CITY, STATE, ZIP]
SUBJECT: TITLE VI RESPONSE TO COMPLAINT LETTER - NOT SUBSTANTIATED Dear [PASSENGER NAME],
The matter referenced in your complaint of ______________ [date] concerning Santa Maria Transit alleging ____________________________ has been investigated. The results of the investigation did not indicate that the provisions of Title VI of the Civil Rights Act of 1964, had in fact been violated.

As you know, Title VI prohibits discrimination based on race, color, or national origin in any program receiving federal financial assistance. Santa Maria Transit has analyzed the materials and facts pertaining to your case for evidence of the City’s failure to comply with any of the civil rights laws. There was no evidence found that any of these laws have been violated. I therefore advise you that your complaint has not been substantiated, and that I am closing this matter in our files.

You have the following rights: 1) appeal within seven calendar days of receipt of this final written decision from Santa Maria Transit, and/or 2) file a complaint externally with the U.S. Department of Transportation and/or the Federal Transit Administration at Federal Transit Administration Office of Civil Rights Attention Title VI Program Coordinator
East Building, 5th Floor - TCR 1200 New Jersey Ave.

SE Washington, DC 20590
Thank you for taking the time to contact us. If I can be of assistance to you in the future, please do not hesitate to call me.

Sincerely,
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 42 TITLE VI COORDINATOR

APPENDIX E

SAMPLE EMPLOYEE ANNUAL EDUCATION FORM TITLE VI POLICY
No person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

All employees of Santa Maria Transit (currently contracted by RAPT-Dev, Inc.) are expected to consider, respect, and observe this policy in their daily work and duties.

If a citizen approaches you with a question or complaint, direct him or her to the City of Santa Maria Transit Manager (Title VI Coordinator). In all dealings with citizens, use courtesy titles (i.e.

Mr., Mrs., Ms., or Miss) to address them without regard to race, color, or national origin.

City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 43 APPENDIX F

SAMPLE ACKNOWLEDGEMENT OF RECEIPT OF TITLE VI PROGRAM
I hereby acknowledge the receipt of the City Santa Maria Transit Title VI Program. I have read the plan and am committed to ensuring that no person is excluded from participation in, or denied the benefits of its transit services on the basis of race, color, or national origin, as protected by Title VI in Federal Transit Administration (FTA) Circular 4702.1.B. ____________________________________________ SIGNATURE
____________________________________________ PRINT
____________________________________________ DATE
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 44 APPENDIX G

SANTA MARIA TRANST WEBSITE

APPENDIX H
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 45 SAMPLE TITLE VI INFORMATION QUICK GUIDE
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 46 City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 47 APPENDIX I

SAMPLE BUS NOTICE
City of Santa Maria Transit – Title VI Program – FFY 2024 – 27 48 APPENDIX J

SAMPLE MARKETING
FOR THE COUNCIL MEETING OF MARCH 5, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Establishment of a No Stopping Zone on Southside Parkway Description:

The City Council will consider approving the establishment of a No Stopping Zone on Southside Parkway adjacent to the Fletcher Park Driveway to improve safety for vehicles exiting the parking lot.

RECOMMENDATION:

BACKGROUND:

The City of Santa Maria Recreation & Parks staff is seeking to implement a No Stopping Zone alongside the driveway at Fletcher Park. This request stems from issues with vehicles parked near the driveway, which hinders the operation of the existing swing gates. The goal is to improve safety and accessibility for park users.

DISCUSSION:

Per City Council Resolution No. 2061 and CAM 63-15, a Traffic Committee was formed to “be responsible for the review, approval or denial, and recommendations to City Council on all matters and requests relating to traffic circulation and safety within the public right-of-way”. The Traffic Committee has reviewed the request for No Stopping Zones and recommends their establishment. The City Council has the authority to locate, establish, or eliminate No Stopping Zones within the City. ///
///
2 The No Stopping Zones recommended to be established is described as follows:

1. Southside Parkway, along the southerly curb face, beginning at the westerly curb return of the Fletcher Park Driveway continuing west for a length of 5 linear feet.

2. Southside Parkway, along the southerly curb face, beginning at the easterly curb return of the Fletcher Park Driveway continuing east for a length of 5 linear feet.

Alternative
The alternative to the recommended action would be to not approve the establishment of the No Stopping Zones.

Fiscal Considerations
Establishing the No Stopping Zone will require labor and materials to paint the curb red.

The painted curb will need to be maintained in the future as the paint fades. Staff estimates it will cost the City $300 to install the red curb. The Alternative Transportation Enhancement expenditure account will be used to cover these costs.

Impact to the Community
Approximately two additional parking spaces (one per segment of red curb) will be removed to prevent vehicles from conflicting with the swinging gates.

ATTACHMENTS
A. Drawing_Proposed Establishment of No Stopping Zone on Southside Parkway Luis A. Magallón
Proposed No Stopping Zone
Fletcher Park - Parking Lot Title Drawing No. Scale: Sheet: City of Santa Maria Department of Public Works 110 South Pine Street Santa Maria, CA 93458 Drawn By: Approved By: David Beas N TC-23-27 NTS 1 of 1 Attachment A SOUTHSIDE PARKWAY PROPOSED 5' NSZ FLETCHER PARK Attachment A RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, ESTABLISHING A NO STOPPING ZONE ON

SOUTHSIDE PARKWAY, ALONG THE SOUTHERLY CURB FACE,

BEGINNING AT THE WESTERLY CURB RETURN OF THE FLETCHER

PARK DRIVEWAY CONTINUING WEST FOR A LENGTH OF FIVE

LINEAR FEET, AND BEGINNING AT THE EASTERLY CURB RETURN

OF THE FLETCHER PARK DRIVEWAY CONTINUING EAST FOR A
LENGTH OF FIVE LINEAR FEET.

WHEREAS, it is in the best interest of the City of Santa Maria to establish No Stopping Zones at certain locations within the City; and WHEREAS, the City of Santa Maria Traffic Committee has reviewed and is recommending the establishment of No Stopping Zones at the locations described below; NOW, THEREFORE, IT IS HEREBY RESOLVED that pursuant to Section 7-5.16 of the Santa Maria Municipal Code, No Stopping Zones shall be established on the following streets, incorporated herein by reference, at the following locations by the City Council of the City of Santa Maria, California, as follows:

1. Southside Parkway, along the southerly curb face, beginning at the westerly curb return of the Fletcher Park Driveway continuing west for a length of five linear feet.

2. Southside Parkway, along the southerly curb face, beginning at the easterly curb return of the Fletcher Park Driveway continuing east for a length of five linear feet.

BE IT FURTHER RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The foregoing shall constitute traffic regulations pursuant to ordinance.

2. All work is to be accomplished using the standards and methods approved by the Director of Public Works and City Engineer. This shall be in accordance with standard City specifications, and the provisions of this resolution are to be carried out by erecting signs, painting marks and temporary markers and barricades required, and by such other indicators or devices as may be under provisions of the Vehicle Code of the State of California and regulations adopted pursuant thereto.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 5
th day of March 2024.

ATTEST:

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Award of Bid for the Minami Center Re-Roofing Project, Bid No. 2023- 21 Description:

The City Council will consider approving the Award of Bid for the construction of the Minami Center Re-Roofing Project, Bid No. 2023-21 to Best Contracting Services, Inc. in the amount of $398,872. The scope of work includes removal, disposal, and replacement of existing roof; removal and replacement of metal flashing, roof gutters, and downspout; repair of deteriorated roof decking; evaluation of the existing vent system and installation of additional roof vents, if necessary; and all miscellaneous work for a complete installation of the new roof.

RECOMMENDATION:

Adopt a Resolution awarding a bid to Best Contracting Services, Inc., in the amount of $398,872, for the construction of the Minami Center Re-Roofing Project, Bid No. 2023-

21. BACKGROUND:

Replacement of the existing roof was identified as a necessity in the current budget due to the existing leaks. The City of Santa Maria Public Works Department – Engineering Division prepared the scope of work and specifications for the project.

DISCUSSION:

The project was extensively advertised for bids (Attachment C). Five addenda were issued. Addendum No. 2 revised the original bid date to January 11, 2024, to February 1, 2024. The City received one bid, which was publicly opened on February 1, 2024, via Planet Bids. A summary is provided below:
2 Bidder Bid Amount
Best Contracting Services, Inc. $398,872.00
A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Public Works Director, 110 S. Pine Street, Suite 221, Santa Maria, CA 93458.

The lowest responsive, responsible bid was submitted by Best Contracting Services, Inc., in the amount of $398,872.

Best Contracting Services, Inc, from Gardena, CA has performed and successfully completed similar work for many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff has checked the firm’s references and are comfortable with the ability of the contractor to perform the work successfully.

The recommended action is to award the bid to Best Contracting Services, Inc., in the amount of $398,872.

Alternative
The alternative to the recommended action would be to reject all bids.

Fiscal Considerations
Sufficient funds for this project have been budgeted in the FY 2023/2024 budget.

Available Budget Account Amount
801-011-030-52-31
801-011-030-52-36
$ 425,000.00
$ 40,000.00
Estimated Expenditures Amount
Award
Contingency (10%)
$ 398,872.00
$ 39,887.20
Inspection, Testing, Staff Time $ 10,000.00
Total $ 448,759.20
Impact to the Community
The existing roof requires replacement. The community will benefit from the new roof by increasing the availability of the facility and reducing the number the days the facility is unavailable due to roof leaks.

ATTACHMENTS
A. Detailed Bid Results_Award of Minami Center Re-Roofing Project, Bid No. 2023-21 B. Agreement_ Award of Minami Center Re-Roofing Project, Bid No. 2023-21 C. Affidavit of Publishing_Bid_No._2023-21
City of Santa Maria
Bid Results for Project MINAMI CENTER RE‐ROOFING PROJECT (2023‐21) Issued on 11/22/2023Bid Due on February 01, 2024 2:00 PM (PST) Exported on 02/01/2024
BID SCHEDULE A ‐ Minami (Upper, Gym)
Item
Code Description Quantity Unit of Measure
A1 Mobilization and Demobilization 1 LS $3,750.00 $3,750.00 A2 Removal and Disposal of Existing (E) Built‐Up Roof System 1 LS $29,180.00 $29,180.00 A3 Installation of New Built‐Up Roof System (appox. 70 sq.) 1 LS $199,779.00 $199,779.00 A4 Re‐Install Roof Gutters and Downspouts 1 LS $0.00 $0.00 A5 Replacement of Deteriorated (E) Roof Decking (Allowance) 100 SF $8.00 $800.00A6 Replacement of Deteriorated (E) Fascia Boards (Allowance) 100 LF $0.00 $0.00 A7 Refurbish (E) Roof Vents and Flue Stacks 1 LS $0.00 $0.00 Subtotal $233,509.00
BID SCHEDULE E ‐ Minami (Lower)
Item
Code Description Quantity Unit of Measure
B1 Mobilization and Demobilization 1 LS $3,750.00 $3,750.00 B2 Removal and Disposal of Existing (E) Built‐Up Roof System 1 LS $50,022.00 $50,022.00 B3 Installation of New Built‐Up Roof System (appox. 120 sq.) 1 LS $108,291.00 $108,291.00 B4 Re‐Install Roof Gutters and Downspouts 1 LS $0.00 $0.00 B5 Replacement of Deteriorated (E) Roof Decking (Allowance) 100 SF $8.00 $800.00B6 Replacement of Deteriorated (E) Fascia Boards (Allowance) 100 LF $0.00 $0.00B7 Refurbish (E) Roof Vents and Flue Stacks 1 LS $2,500.00 $2,500.00 Subtotal $165,363.00Total $398,872.00
BEST CONTRACTING SERVICES, INC.BEST CONTRACTING SERVICES, INC.

Attachment A
Attachment B

AGREEMENT
THIS AGREEMENT, made and entered into this 5
th day of March 2024, by and between
Best Contracting Services, Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner." WITNESSETH:

That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:

1. That Contractor shall complete the work generally described as follows: the Minami Center Re-Roofing Project, Bid No. 2024-21), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

2. That Owner will pay Contractor progress payments and the final payment, in accordance with the provisions of the contract documents, with warrants drawn on the appropriate fund or funds as required, at the prices bid on the proposal form accepted by Owner and set forth in this agreement.

Total Bid of Three-Hundred Ninety-Eight Thousand, Eight-Hundred Seventy-Two Dollars and no cents.

Contract Price in Figures $398,872.00

3. Contractor agrees to complete said work within the contract time of thirty (30) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

5. It is mutually understood and agreed that time is of the essence of this agreement and that it is difficult to ascertain the amount of damages required to properly compensate Owner for failure by Contractor to comply with all the contract requirements within the time fixed in the agreement.

In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be five hundred ($500) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor also acknowledges that progress payments made after the scheduled completion date Attachment B
do not constitute a waiver of liquidated damages.

6. That, in accordance with Section 1774 of the California Labor Code, Contractor will pay, and will require subcontractors to pay, employees on the project a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, contained in or referenced in the contract documents.

7. That, in accordance with Section 1775 of the California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than two hundred dollars ($200) for each day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.

8. That, in accordance with Section 1777.5 of the Labor Code, this agreement fixes the responsibility of compliance with said Section 1777.5 for all apprenticeable occupations with the prime Contractor.

9. That, except as provided in Section 1815 of the California Labor Code, in the performance of the work not more than eight (8) hours shall constitute a day's work, and not more than forty (40) hours shall constitute a week's work; that Contractor shall not require more than eight (8) hours of labor in a day nor more than forty (40) hours of labor in a week from any person employed by Contractor or any subcontractor; that Contractor shall conform to Division 2, Part 7, Chapter 1, Article 3 (Section 1810, et seq.) of the California Labor Code; and that Contractor shall forfeit to Owner, as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor or any subcontractor for each day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article 3.

10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.

11. That Contractor shall have furnished, prior to execution of the contract, three bonds approved by Owner: (1) the faithful performance bond in the amount of one-hundred percent (100%) of the contract price, to guarantee the faithful performance of the work; (2) the labor and material bond in the amount of one-hundred percent (100%) of the contract price, to guarantee payment of all claims for labor and materials furnished; and (3) the guarantee and defective material bond in the amount of ten percent (10%) of the contract price, to guarantee the one year maintenance of public improvements.

This contract shall not become effective until such bonds are supplied to and approved by Owner.

12. That Contractor, prior to execution of the contract shall comply with the following Attachment B
Department of Industrial Relations requirements.

1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.

14. That Contractor agrees to devote the time necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

15. The agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)
Attachment B
IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.

CONTRACTOR:
___________________________
Kayham Fatemi
Executive Vice President
Best Contracting Services, Inc.

OWNER:

Alice Patino
Mayor, City of Santa Maria
ATTEST:

Alexandra Valadez
Assistant City Clerk
APPROVED AS TO FORM:
_______________________________
Risk Manager
_______________________________
City Attorney
Attachment B
EXHIBIT “A”

INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

Attachment B
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the Attachment B
form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not
replaced with another claims-made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Attachment B
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

PUBLICATION DATES:

Dec. 12, 2023, Dec. 26, 2023
Notice ID: vr1mSM9IDtEmgi27r2Lt
Publisher ID: 279747
Notice Name: Bid No. 2023-21
PUBLICATION FEE: $248.94
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct
[$signersig ]
______________________________ [$seal]
Agent

VERIFICATION
State of New Jersey
County of Hudson
Signed or attested before me on this: [$date]
[$notarysig ]
______________________________
Notary Public
[$disclosure]

SANTA MARIA TIMES

AFFIDAVIT OF PUBLICATION
12/26/2023
This notarial act involved the use of communication technology

ATTACHMENT C
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO BEST CONTRACTING SERVICES, INC., IN THE AMOUNT OF $398,872 FOR THE CONSTRUCTION OF MINAMI CENTER REROOFING PROJECT, BID NO. 2023-21 WHEREAS, the City of Santa Maria formally advertised the Minami Center ReRoofing Project, Bid No. 2023-21 (“Project”); and WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and
WHEREAS, the bids were publicly opened electronically at 2:00 p.m. on February 1, 2024, via Planet Bids; and
WHEREAS, Best Contracting Services, Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and
WHEREAS, the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility, with negligible expansion of the existing uses.

WHEREAS, sufficient funds for this project is budgeted in the FY 23/24 budget.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with Best Contracting Services, Inc., for the Minami Center Re-Roofing Project, Bid No. 2023-21; and

2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and

3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified account: “Structural Analysis” for the approved project in the amount of $398,872; and

4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and
2 5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 5
th day of March 2024.

ATTEST:

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Award of Bid for the Fire Administration Re-Roofing Project, Bid No. 2023-20
Description:

The City Council will consider approving the Award of Bid for the construction of the Fire Administration Re-Roofing Project, Bid No. 2023-20 to GN Roofing in the amount of $218,000. The scope of work includes removal, disposal, and replacement of existing roof; removal and replacement of metal flashing, roof gutters, and downspout; repair of deteriorated roof decking; evaluation of the existing vent system and installation of additional roof vents, if necessary; and all miscellaneous work for a complete installation of the new roof.

RECOMMENDATION:

Adopt a Resolution awarding a bid to GN Roofing, in the amount of $218,000, for the construction of the Fire Administration Re-Roofing Project, Bid No. 2023-20.

BACKGROUND:

Replacement of the existing roof was identified as a necessity in the current budget due to existing leaks. The City of Santa Maria Public Works Department – Engineering Division prepared the scope of work and specifications for the project.

DISCUSSION:

The project was extensively advertised for bids (Attachment C). Four addenda were issued. Addendum No. 4 revised the bid opening date to February 15, 2024. The City received three bids, which were publicly opened on February 15, 2024, via Planet Bids.

A summary of the bids submitted are as follows:

Bidder Bid Amount
GN Roofing $218,000.00
Chapman Coast Roof Co., Inc. $264,330.00
Best Contracting Services, Inc. $273,118.00
2 A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Public Works Director, 110 S. Pine Street, Suite 221, Santa Maria, CA 93458.

The lowest responsive, responsible bid was submitted by GN Roofing, in the amount of $218,000.

GN Roofing, from Santa Maria, CA has performed and successfully completed similar work for many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff has checked the firm’s references and are comfortable with the ability of the contractor to perform the work successfully.

The recommended action is to award the bid to GN Roofing, in the amount of $218,000.

Alternative
The alternative to the recommended action would be to reject all bids.

Fiscal Considerations
Sufficient funds for this project have been budgeted in the FY 2023/2024 budget.

Available Budget Account Amount
801-011-030-52-31
011-009-090-52-03
801-011-030-52-01
$ 200,000.00
$ 20,000.00
$ 30,000.00
Estimated Expenditures Amount
Award
Contingency (10%)
$ 218,000.00
$ 21,800.00
Inspection, Testing, Staff Time $ 10,000.00
Total $ 249,800.00
Impact to the Community
The existing roof needs replacement and the community will benefit from the new roof by increasing the availability of the facility and reducing the number the days the facility is unavailable due to roof leaks.

ATTACHMENTS
A. Detailed Bid Results_Award of Fire Administration of Re-Roofing Project, Bid No. 2023-20 B. Agreement_Award of Fire Administration of Re-Roofing Project, Bid No. 2023-20 C. Affidavit of Publishing Bid No. 2023-20
City of Santa Maria
Bid Results for Project FIRE ADMINSTRATION BUILDING RE‐ROOFING PROJECT (2023‐20) Issued on 11/22/2023Bid Due on February 15, 2024 2:00 PM (PST) BID SCHEDULEItem Num Item Code Description Quantity Unit of Measure Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 C1 Mobilization and Demobilization 1 LS $3,000.00 $3,000.00 $15,000.00 $15,000.00 $7,000.00 $7,000.00 2 C2 Removal and Disposal of Existing (E) Asbestos Shingle Roof 1 LS $58,430.00 $58,430.00 $77,974.00 $77,974.00 $58,430.00 $58,430.00 3 C3 Installation of New Shingle Roof System (appox. 56 sq.) 1 LS $146,220.00 $146,220.00 $156,121.00 $156,121.00 $201,708.00 $201,708.00 4 C4 Re‐Install Roof Gutters and Downspouts 1 LS $5,000.00 $5,000.00 $7,035.00 $7,035.00 $2,730.00 $2,730.00 5 C5 Replacement of Deteriorated (E) Roof Decking (Allowance) 100 SF $3.50 $350.00 $12.00 $1,200.00 $8.00 $800.006 C6 Replacement of Deteriorated (E) Fascia Boards (Allowance) 100 LF $50.00 $5,000.00 $20.00 $2,000.00 $12.00 $1,200.00 7 C7 Refurbish (E) Roof Vents and Flue Stacks 1 LS $0.00 $0.00 $5,000.00 $5,000.00 $1,250.00 $1,250.00 Total $218,000.00 $264,330.00 $273,118.00
GN Roofing Chapman Coast Roof Co., Inc. BEST CONTRACTING SERVICES, INC.

Attachment A
Attachment B

AGREEMENT
THIS AGREEMENT, made and entered into this 5
th day of March 2024, by and between GN
Roofing, hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner." WITNESSETH:

That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:

1. That Contractor shall complete the work generally described as follows: the Fire Administration Building Re-Roofing Project, Bid No. 2023-20, in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

Total Bid of Two-Hundred Eighteen Thousand Dollars and no cents.

Contract Price in Figures $218,000.00

3. Contractor agrees to complete said work within the contract time of forty-five (45) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.

This contract shall not become effective until such bonds are supplied to and approved by Owner.

12. That Contractor, prior to execution of the contract shall comply with the following Attachment B
Department of Industrial Relations requirements.

3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.

CONTRACTOR:
___________________________
Miquel Garcia
Owner, GN Roofing
OWNER:

Alice Patino
Mayor, City of Santa Maria
ATTEST:

Alex Valadez
Assistant City Clerk
APPROVED AS TO FORM:
_______________________________
Risk Manager
_______________________________
City Attorney
Attachment B
EXHIBIT “A”

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

Attachment B
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City.

D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

"
#$

"
#$%!

&
"%!

&$
!
!
"%!

&$!
!!
!
"%!

&$'%(!&'%(!&
"%!

&$')%(
')%(

"%!

&$
)
)
"%!

&$ **+,-.#/0/ 1234252672879:;
<=>>1?@A2@B6 CD>EFG=EH=IGJ KLMN

L%)
O()
LP()&O%
( %%
!Q %

&!Q
!K

!%*%)(
N%!O

L+R*L()&
%!

(!Q%
S
!%!Q+(P)Q
%N
!
T

U
L
(P)'
!%!Q
!
V)
)O

V
!Q
! Q

%
!Q'!&%N
!
T

L %
!Q*%(!&%N
!
R

L!Q!
!%*
)%

L!Q
!!Q

W! +
#%#O!Q!Q())!X!%!QO%
Y!%%!'!%
!Q%!Q
!Q
!%))%OL
!Q
!!Q
!!
'Q
!Q
!%'%!
!Q'%

'!'% &% OQ
!O
(P)Q
)
)O

'%'(!W(%!Q %))%O
! Z[\]^_`8^abB`8c1d e'0#-L-.-fLe'0-gL-.-f bh47i:^Bdjgkl-k/me'nM!o /Up( Zqrs7;t:6^Bd-uvumm bh47i:b29:dRw%0-.-fY-. Z[\]^_`8^abxccd-/-0f- K' !&y%
')

z(

)!&%
{(
&(
!Q)
O%!QN!
!% *
)%

!Q
!!Q%
%!
(
'%

'!
$ ||||||||||||||||||||||||||||||
)$ }! ~c^x^_`8^ab N!
!%wOM
& *%(!&%(% N%

!!!P%

%!Q
!$ %!

&$ |||||||||||||||||||||||||||||| w%!

&+(P)' ')%(
$
1`b8`5`^`8^5c1
`xx^B`~^8axZ[\]^_`8^ab

ATTACHMENT C
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO GN ROOFING, IN THE AMOUNT OF $218,000

FOR THE CONSTRUCTION OF THE FIRE ADMINISTRATION RE-ROOFING PROJECT, BID NO. 2023-20
WHEREAS, the City of Santa Maria formally advertised the Fire Administration ReRoofing Project, Bid No. 2023-20 (“Project”); and WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and
WHEREAS, the bids were publicly opened electronically publicly at 2:00 p.m. on February 15, 2024, via Planet Bids; and
WHEREAS, GN Roofing, was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and WHEREAS, the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility, with negligible expansion of the existing uses.

WHEREAS, sufficient funds for this budgeted project in the FY 23/24 budget.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with GN Roofing, for the Fire Administration Re-Roofing Project, Bid No. 2023-20; and

2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 5
th day of March 2024.

ATTEST:

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Award of Bid for the Battles Road Green Corridor and Beautification Project, Bid No. 2024-01
Description:

The City Council will consider approving the Award of Bid for the construction of the Battles Road Green Corridor and Beautification Project, Bid No. 2024-01 to the J.F. Will Company, Inc. in the amount of $2,264,728. The scope of work includes grading, landscaping, accessibility improvements, and improvements to the multi-purpose trail.

RECOMMENDATION:

Adopt a Resolution awarding a bid to the J.F. Will Company, Inc., in the amount of $2,264,728, for the construction of the Battles Road Green Corridor and Beautification Project, Bid No. 2024-01.

BACKGROUND:

Under the direction of the City of Santa Maria Recreation and Parks Department, the project was designed by RRM Design Group. The scope of work for Phase II includes grading, landscaping, accessibility improvements, and improvements to the multipurpose trail.

DISCUSSION:

The project was extensively advertised for bids. The City received one bid, which were publicly opened on February 22, 2024, via Planet Bids. A summary of the bids submitted are as follows:

Bidder Bid Amount
J.F. Will Company, Inc. $4,158,338.00
2 A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Public Works Director, 110 S. Pine Street, Suite 221, Santa Maria, CA 93458.

The lowest responsive, responsible bid was submitted by J.F. Will Company, Inc., in the amount of $4,158,338.00, which included several deductive alternates. The Recreation and Parks Department has opted to award the base bid deducting deductive alternate A and B, which included omitted construction on the lower (southern) half along the multipurpose trail and omitting the planting and irrigation improvements, respectively; therefore, the contract amount to be awarded will be in the amount of $2,264,728.

The J.F. Will Company, Inc., from Santa Maria has performed and successfully completed similar work for many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff has checked the firm’s references and are comfortable with the ability of the contractor to perform the work successfully.

The recommended action is to award the bid to the J.F. Will Company, Inc., in the amount of $2,264,728.

Alternative(s)
The alternative to the recommended action would be to reject all bids.

Fiscal Considerations
Sufficient funds for this project have been budgeted in FY 2023/2024 from the account titled “Battles Road Green Corridor” and “Measure A”.

Impact to the Community
The community will benefit from the landscape beautification along Battles Road and the accessibility improvements to the multi-purpose trail creating a green space for community.

ATTACHMENTS:

A: Detailed Bid Results
B: Agreement
C: Affidavit of Posting_2024-01
City of Santa Maria
Bid Results for Project BATTLES ROAD GREEN CORRIDOR AND BEAUTIFICATION PROJECT (2024‐01) Issued on 01/15/2024Bid Due on February 22, 2024 2:00 PM (PST)

BASE BID (FULL PROJECT) SCHEDULE
Item Num Description Quantity Unit of Measure Unit Price Line Total 1 Mobilization and Demobilization 1 LS $169,000.00 $169,000.00 2 Stormwater Compliance 1 LS $38,965.00 $38,965.003 Traffic Control 1 LS $37,800.00 $37,800.004 Temporary Construction Fencing 1 LS $7,200.00 $7,200.005 Construction Surveying and Staking 1 LS $27,104.00 $27,104.00 6 Demolition 1 LS $98,500.00 $98,500.007 Utility Potholing 1 LS $26,280.00 $26,280.008 Tree & Stump Removal 1 LS $6,060.00 $6,060.00 9 Earthwork ‐ Subgrade Preparation 1 LS $122,100.00 $122,100.00 10 Earthwork ‐ Finish Grading 370000 SF $0.45 $166,500.0011 Aggregate Base 2800 CY $94.79 $265,412.00 12 Asphalt Paving ‐ Slurry Seal 24700 SF $0.66 $16,302.00 13 Asphalt Paving ‐ Pedestrian (New Section) 17100 SF $4.30 $73,530.00 14 Asphalt Paving ‐ Vehicular 1850 SF $17.10 $31,635.0015 Concrete Flatwork ‐ Curb, Gutter, Spandrel, and Cross Gutter 1 LS $169,405.00 $169,405.00 16 Concrete Flatwork ‐ Sidewalk 5650 SF $13.50 $76,275.00 17 Concrete Flatwork ‐ Curb Ramps 1 LS $43,440.00 $43,440.0018 Truncated Domes 210 SF $35.00 $7,350.00 $296,470.00 19 Decomposed Granite Paving 14500 SF $7.26 $105,270.00 20 Pathway Striping and Pavement Markings 1 LS $21,989.00 $21,989.00 21 Signage ‐ Interpretive Signs 11 EA $13,000.00 $143,000.0022 Signage ‐ Relocate Existing 1 LS $4,620.00 $4,620.00 23 Signage ‐ New Trail Signage 1 LS $4,268.00 $4,268.0024 Furnishings ‐ Removable Bollards 1 LS $25,715.00 $25,715.00 25 Furnishings ‐ Shade Structures 1 LS $93,978.00 $93,978.0026 Furnishings ‐ Bike Skills Elements 7 EA $14,400.00 $100,800.00 27 Furnishings ‐ Precast Concrete Tree Planters 52 EA $4,410.00 $229,320.00 28 Art ‐ Decorative Crosswalk Markings 250 SF $51.80 $12,950.0029 Storm Drainage ‐ Bed Rock 90 SF $46.40 $4,176.0030 Storm Drainage ‐ Under Sidewalk Drain 12 EA $8,250.00 $99,000.00 31 Fencing ‐ Wire Mesh 2950 LF $61.34 $180,953.0032 Fencing ‐ Art Panel 270 LF $78.50 $21,195.00 33 Lighting ‐ Solar Lights 28 EA $18,050.00 $505,400.00 34 Landscape ‐ New Boulder 1 LS $38,000.00 $38,000.00
35 Landscape ‐ Relocate Boulder 1 LS $36,000.00 $36,000.0036 Landscape ‐ Irrigation 1 LS $567,100.00 $567,100.0037 Landscape ‐ Planting 1 LS $280,900.00 $280,900.00 38 Landscape ‐ Wood Mulch 1 LS $171,190.00 $171,190.0039 Landscape ‐ Native Soil & DG Blend 1 LS $111,300.00 $111,300.00 40 Landscape ‐ Maintenance Period 3 Month $4,452.00 $13,356.0041 Record Drawings 1 LS $5,000.00 $5,000.00 Subtotal $4,158,338.00
The J. F. Will Company, Inc.

ATTACHMENT A
DEDUCTIVE ALTERNATE A ‐ OMIT IMPROVEMENTS IN LOWER (SOUTHERN) 30 FT Item Num Description Quantity Unit of Measure Unit Price Line Total 42 Mobilization and Demobilization 1 LS $39,000.00 $39,000.00 43 Stormwater Compliance 1 LS $13,671.00 $13,671.0044 Traffic Control 1 LS $0.00 $0.0045 Temporary Construction Fencing 1 LS $0.00 $0.00 46 Construction Surveying and Staking 1 LS $3,264.00 $3,264.00 47 Demolition 1 LS $4,610.00 $4,610.0048 Utility Potholing 1 LS $5,075.00 $5,075.0049 Tree & Stump Removal 1 LS $0.00 $0.0050 Earthwork ‐ Subgrade Prepreparation 1 LS $23,974.00 $23,974.0051 Earthwork ‐ Finish Grading 180000 SF $0.45 $81,000.0052 Aggregate Base 250 CY $94.78 $23,695.0053 Decomposed Granite Paving 12600 SF $6.98 $87,948.00 54 Signage ‐ Relocate Existing 1 LS $3,672.00 $3,672.00 55 Furnishings ‐ Removable Bollard 1 LS $25,715.00 $25,715.0056 Furnishings ‐ Bike Skills Elements 7 EA $14,400.00 $100,800.00 57 Storm Drainage ‐ Bed Rock 90 SF $46.40 $4,176.00
58 Storm Drainage ‐ Under Sidewalk Drain 12 EA $8,250.00 $99,000.00 59 Fencing ‐ Wire Mesh 2950 LF $61.34 $180,953.0060 Fencing ‐ Art Panel 270 LF $78.50 $21,195.0061 Lighting ‐ Solar Lights 3 EA $18,050.00 $54,150.0062 Landscape ‐ New Boulders 1 LS $0.00 $0.00 63 Landscape ‐ Relocate Boulders 1 LS $12,750.00 $12,750.0064 Landscape ‐ Irrigation 1 LS $105,060.00 $105,060.0065 Landscape ‐ Planting 1 LS $102,510.00 $102,510.0066 Landscape ‐ Mulch 1 LS $76,500.00 $76,500.0067 Landscape ‐ Native Soil & DG Blend 1 LS $44,520.00 $44,520.00 68 Landscape ‐ Maintenance Period 3 Month $1,224.00 $3,672.00 69 Record Drawings 1 LS $1,500.00 $1,500.00
Subtotal $1,118,410.00
DEDUCTIVE ALTERNATE B ‐ OMIT PLANTING AND IRRIGATION IMPROVEMENTS IN UPPER (NORTHERN) 30 FT Item Num Description Quantity Unit of Measure Unit Price Line Total 70 Landscape ‐ Irrigation 1 LS $440,640.00 $440,640.0071 Landscape ‐ Planting 1 LS $172,890.00 $172,890.0072 Landscape ‐ Mulch 1 LS $88,230.00 $88,230.0073 Landscape ‐ Native Soil & DG Blend 1 LS $64,260.00 $64,260.00 74 Landscape ‐ Maintenance Period 3 Month $3,060.00 $9,180.00 Subtotal $775,200.00
DEDUCTIVE ALTERNATE C ‐ OMIT ALL PRECAST CONRETE TREE PLANTERS IN UPPER (NORTHERN) 30 FT Item Num Description Quantity Unit of Measure Unit Price Line Total 75 Furnishings ‐ Precast Concrete Tree Planters 52 EA $4,240.00 $220,480.00 Subtotal $220,480.00
DEDUCTIVE ALTERNATE D ‐ OMIT ALL SHADE STRUCTURES IN UPPER (NORTHERN) 30 FT Item Num Description Quantity Unit of Measure Unit Price Line Total 76 Furnishings ‐ Shade Structures 1 LS $93,978.00 $93,978.00 Subtotal $93,978.00
DEDUCTIVE ALTERNATE E ‐ OMIT ALL INTERPRETIVE PANEL SIGNS IN UPPER (NORTHERN) 30 FT Item Num Description Quantity Unit of Measure Unit Price Line Total 77 Signage ‐ Interpretive Signs 11 EA $13,000.00 $143,000.00 Subtotal $143,000.00
DEDUCTIVE ALTERNATE F ‐ OMIT ALL SOLAR LIGHTING IN UPPER (NORTHERN) 30 FT Item Num Description Quantity Unit of Measure Unit Price Line Total 78 Lighting ‐ Solar Lights 28 EA $18,050.00 $505,400.00 Subtotal $505,400.00
DEDUCTIVE ALTERNATE G ‐ OMIT ALL FENCING IN UPPER (NORTHERN) 30 FT Item Num Description Quantity Unit of Measure Unit Price Line Total 79 Fencing ‐ Wire Fencing 2950 LF $61.34 $180,953.00
Subtotal $180,953.00
DEDUCTIVE ALTERNATE H ‐ OMIT ALL DECORATIVE PANELS ON FENCING & DECORATIVE CROSSWALK PAVING IN UPPER (NORTHERN) 30 FT Item Num Description Quantity Unit of Measure Unit Price Line Total 80 Art ‐ Decorative Crosswalk Paving 250 SF $51.80 $12,950.00 81 Fencing ‐ Art Panel 270 LF $78.50 $21,195.00
Subtotal $34,145.00

ATTACHMENT B

AGREEMENT
THIS AGREEMENT, made and entered into this 5
th day of March 2024, by and between J.F.

Will Company, Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner." WITNESSETH:

That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:

1. That Contractor shall complete the work generally described as follows: the Battles Road Green Corridor and Beautification Project (Bid No. 2024-01), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

Total Bid of two-million, two-hundred sixty-four thousand, seven-hundred twenty-eight dollars.

Contract Price in Figures $2,264,728.00

3. Contractor agrees to complete said work within the contract time of nine (90) calendar days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be twelve-hundred ($1,200) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor also acknowledges that progress payments made after the scheduled completion date do not constitute a waiver of liquidated damages.

ATTACHMENT B

10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.

This contract shall not become effective until such bonds are supplied to and approved by Owner.

12. That Contractor, prior to execution of the contract shall comply with the following Department of Industrial Relations requirements.

ATTACHMENT B

3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.

ATTACHMENT B
IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.

CONTRACTOR:
___________________________
John Fenton Will
President
OWNER:

Alice Patino
Mayor, City of Santa Maria
ATTEST:

Alexandra Valadez
Assistant City Clerk
APPROVED AS TO FORM:
_______________________________
Risk Manager
_______________________________
City Attorney

ATTACHMENT B
EXHIBIT “A”

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

ATTACHMENT B
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City.

D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:

ATTACHMENT B
form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

ATTACHMENT B
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

PUBLICATION DATES:

Jan. 23, 2024, Feb. 6, 2024
Notice ID: YsyZuAWmyzngqYpUIej6
Publisher ID: 295526
Notice Name: Bid No. 2024-01
PUBLICATION FEE: $204.89
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct
[$signersig ]
______________________________ [$seal]
Agent

VERIFICATION
State of Pennsylvania
County of Lancaster
Signed or attested before me on this: [$date]
[$notarysig ]
______________________________
Notary Public
[$disclosure]

SANTA MARIA TIMES

AFFIDAVIT OF PUBLICATION
______________________________
02/06/2024
Notarized remotely online using communication technology via Proof.

Attachment C
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO THE J. F. WILL COMPANY, INC. IN THE AMOUNT OF $2,264,728 FOR THE BATTLES ROAD GREEN CORRIDOR AND BEAUTIFICATION PROJECT, BID NO. 2024-01
WHEREAS, the City of Santa Maria formally advertised the Battles Road Green Corridor and Beautification Project, Bid No. 2024-01 (“Project”); and WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and
WHEREAS, the bids were publicly opened electronically at 2:00 p.m. on February 22, 2024, via Planet Bids; and
WHEREAS, J. F. Will Company, Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and WHEREAS, the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility, with negligible expansion of the existing uses.

WHEREAS, sufficient funds for this budgeted project in FY 23/24 are located in the account titled “Battles Road Green Corridor” and “Measure A”.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with the J.F. Will Company, Inc., for the Battles Road Green Corridor and Beautification Project, Bid No. 2024-01; and

2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and

3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified account: “Battles Road Green Corridor” and “Measure A” for the approved project in the amount of $2,264,728.00; and
2 4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 5
th day of March 2024.

ATTEST:

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Interim Recreation and Parks Director Angela Oslund SUBJECT: Purchase and Sales Agreement for Real Property intended for the Santa Maria Sports Park
Description:

The City Council will consider authorizing the purchase of the real property known as Lot 6 of Tract 6022 (Blosser Ranch subdivision), APN 117-240-055, (the “Property”) consisting of approximately twenty-one and 13/100s (21.13) gross acres of undeveloped land located in Santa Maria, Santa Barbara County, California Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required RECOMMENDATION:

Adopt a Resolution approving the purchase and sale agreement for Lot 6 of Tract 6022, APN 117-240-055.

BACKGROUND:

Blosser Fee Owner, LLC, a Delaware limited liability company, has expressed a willingness to sell the property to the City of Santa Maria. This property is part of the Blosser Ranch development, within the Blosser Southeast Specific Plan, consisting of single-family and multi-family housing, commercial uses, a school site, with land set aside for a future fire station and this property for the park, to be transferred from the developer/property owner to the City. The terms and conditions of the purchase are detailed in the Purchase Agreement, providing a comprehensive framework for the acquisition of the future Santa Maria Sports Park.

DISCUSSION:

A Multi-Sports Field Committee was convened in 2016 under the Recreation and Parks Commission to evaluate the need and public interest in developing a new Sports Park/Complex. This project is many years in the making, and the purchase of this real property will enable the City to move forward with the next phase of the Sports Complex 2 project. The developer/property owner is conveying the property to the City in exchange for a credit on Quimby Act/Subdivision Fees for all phases of the Blosser Ranch project.

The acquisition of Lot 6 of Tract 6022 (APN-117-240-055) is strategically significant for the City of Santa Maria, as it will serve as a cornerstone for the City of Santa Maria’s new Sports Park, also known as the Sports Complex. This 21.13 acre gross property is located at the intersections of Stowell Road and Battles Road crossing South Depot Street, running parallel to the Santa Maria Valley Railroad right of way.

The property's expansive acreage offers ample space for sports facilities, recreational amenities, and community-oriented programming, aligning perfectly with the City's vision for the development of the Sports Park.

Alternative(s)
The City Council may choose not to approve the purchase of the property for the Santa Maria Sports Park. However, this decision would impede the potential benefits associated with the development of a community-centric sports and recreational facility, impacting the city's ability to provide enhanced recreational opportunities.

Fiscal Considerations
The fiscal impact of the purchase is outlined in the Purchase Agreement. Buyer shall pay all closing costs, including transfer taxes, recording fees, and escrow fees. The Fee Credits provided to the Seller are accounted for within the Agreement. Any additional costs associated with the acquisition will be covered by the City as specified in the Agreement for the Santa Maria Sports Park.

Impact to the Community
The acquisition of Lot 6 of Tract 6022 for the Santa Maria Sports Park will have a positive impact on the community by providing a dedicated space for sports and recreational activities. The development of the Sports Park aligns with the City's commitment to enhancing community well-being and fostering a sense of community through shared recreational experiences.

The approval of this agenda item will mark a significant step towards realizing the City's goals for the development of the Santa Maria Sports Park.

Attachment A: Purchase and Sales Agreement- Blosser- Park Purchase and Sale Agreement 02551.00019/1291235v12 1

PURCHASE AGREEMENT

1. Purchase and Sale. Pursuant to this Purchase Agreement (the “Agreement”), dated __________, 2024 (the “Agreement Date”), Blosser Fee Owner, LLC, a Delaware limited liability company (“Seller”), agrees to sell to the City of Santa Maria (“Buyer”), and Buyer agrees to purchase from Seller, the real property known as Lot 6 of Tract 6022 (Blosser Ranch subdivision/ Acquistapace Tract) (the “Property”) consisting of approximately twenty-one and 13/100s (21.13) acres of gross undeveloped land located in Santa Maria, Santa Barbara County, California, as more particularly described and depicted on Exhibit A hereto.

2. Quimby Act/Subdivision Fee Credits. In exchange for Seller’s conveyance of the Property to Buyer, Buyer agrees to provide Seller with a full credit for any and all Quimby Act/Subdivision Fees payable under Title 11 of the Santa Maria Municipal Code or any similar or analogous statute (“Fees”) for all phases of the subdivision, development, and construction of Tract 6022 in Santa Maria (including but not limited to Lots 1 through 5 and 7 through 12 of Tract 6022), also known as Blosser Ranch (collectively, the “Project”), including any increases in such fees in excess of those that would be payable for the Project on the Closing Date (collectively, the “Quimby Act/Subdivision Fee Credits”); provided that the Quimby Act/Subdivision Fee Credit shall not include a credit for Fees for more than 1170 non-accessory residential dwellings units (i.e. units which are not accessory dwelling units) in total; provided further that, to the extent, as a result of change in law after the date of this Agreement, Fees are payable for accessory dwelling units, Seller shall receive a Quimby Act/Subdivision Fee Credit for up to 327 accessory dwelling units at the Project. This right to the Quimby Act/Subdivision Fee Credits shall run with the land and inure to the benefit of Seller and any subsequent or successor owner of all or any portion of the Project, and to the extent the Project is owned by more than one owner, such owners shall have the right to allocate the Quimby Act/Subdivision Fee Credits amongst such owners as determined by such owners in their sole discretion. For avoidance of doubt, Buyer’s obligation hereunder is personal to Buyer and may not be assigned. Based on the current plans for the Project as of the date of this Agreement and the law in effect as of the date of this Agreement, the Quimby Act/Subdivision Fee Credits would be $3,242,172. Other than Quimby Act/Subdivision Fee Credits for up to 1170 non-accessory residential dwelling units and up to 327 accessory dwelling units at the Project, no other fees are credited to Seller pursuant to this Agreement. This Section 2 shall survive the Close of Escrow.

3. Opening of Escrow. Within one (1) Business Day (hereinafter defined) after the mutual execution of this Agreement, the parties shall open an escrow (the “Escrow”) with Fidelity Title Company, 555 S. Flower Street, Suite 4420, Los Angeles, CA 90071, Attn: Bobby Purdy (“Escrow Holder”), and Buyer shall deliver to Escrow Holder a signed copy of this Agreement. The Parties shall execute such additional instructions not inconsistent or conflicting with the provisions of this Agreement which may be reasonably required by Escrow Holder and shall be bound by Escrow Holder’s instructions; provided, however, if any conflict or inconsistency between the provisions of this Agreement and the provisions of Escrow Holder’s instructions exists or arises, the provisions of this Agreement shall control.

4. Close of Escrow. The “Close of Escrow” shall occur on the date that is fifteen (15) business days after the Agreement Date (the “Closing Date”). Buyer shall pay all closing costs and expenses, including transfer taxes and recording fees and escrow fees incurred in connection with the Close of Escrow and for any title policy desired by Buyer (“Closing Costs”). Any title insurance which Buyer elects to purchase with respect to the Property shall be at Buyer’s sole expense, and the issuance of such policy shall not be a condition to the Buyer’s obligations hereunder. Buyer and Seller shall each pay their own attorneys’ fees incurred in connection with this Agreement and the Close of Escrow.

5. NO REPRESENTATIONS; PURCHASE AS-IS. NEITHER SELLER, NOR

ANYONE ACTING FOR OR ON BEHALF OF SELLER, HAS MADE ANY

REPRESENTATION, WARRANTY, PROMISE OR STATEMENT, EXPRESS OR IMPLIED, 02551.00019/1291235v12 2

TO BUYER, OR TO ANYONE ACTING FOR OR ON BEHALF OF BUYER, CONCERNING

THE PROPERTY OR ADJACENT REMAINING PROJECT, INCLUDING, WITHOUT

LIMITATION, THE POTENTIAL USE OR POTENTIAL DEVELOPMENT THEREOF, IF

ANY, THE VALUE THEREOF, IF ANY, OR ANY OTHER CHARACTERISTIC OR FEATURE OF THE PROPERTY OR ADJACENT REMAINING PROJECT. BUYER FURTHER

REPRESENTS AND WARRANTS THAT, IN ENTERING INTO THIS AGREEMENT, BUYER

HAS NOT RELIED ON ANY REPRESENTATION, WARRANTY, PROMISE OR STATEMENT,

EXPRESS OR IMPLIED, OF SELLER, OR ANYONE ACTING FOR OR ON BEHALF OF

SELLER, AND THAT BUYER IS PURCHASING THE PROPERTY BASED SOLELY ON BUYER’S OWN PRIOR DUE DILIGENCE INVESTIGATIONS, INSPECTIONS AND EXAMINATIONS OF THE PROPERTY (OR BUYER’S ELECTION NOT TO DO SO); AND THAT, BUYER IS PURCHASING THE PROPERTY IN AN “AS-IS, WHERE-IS” AND “WITH ALL FAULTS” PHYSICAL AND LEGAL CONDITION AND IN AN “AS-IS, WHERE-IS” AND “WITH ALL FAULTS” STATE OF REPAIR. BUYER DOES HEREBY WAIVE, AND SELLER

DOES HEREBY DISCLAIM, ALL WARRANTIES OF ANY TYPE OR KIND WHATSOEVER WITH RESPECT TO THE PROPERTY OR REMAINING ADJACENT PROJECT.

SPECIFICALLY, BUYER AGREES THAT IT IS NOT RELYING ON SELLER’S

DEVELOPMENT OR CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTY OR ANY

OTHER PORTION OF THE ADJACENT PROJECT, INCLUDING BUT NOT LIMITED TO,

THE COMPLETION OF LA BREA AVENUE OR WESTERN AVENUE OR ANY UTILITY

AND SIDEWALK OR ACCESS IMPROVEMENTS ON THE PROPERTY OR THE ADJACENT

PROJECT AND THAT SELLER MAY ELECT TO MAKE SUCH IMPROVEMENTS OR NOT

MAKE SUCH IMPROVEMENTS AND IF ELECTED, MAY MAKE SUCH IMPROVEMENTS AT SUCH TIME DETERMINED BY SELLER IN ITS SOLE DISCRETION.

This Section 5 shall survive the Close of Escrow.

6. Release and Indemnity by Buyer. Buyer, and any person or entity claiming by, through or under Buyer, and Buyer on behalf of any successor or assign, each hereby fully and irrevocably releases, discharges and waives its rights to recover from Seller and its affiliates and each of their respective direct and indirect agents, shareholders, members, and owners (the “Seller Parties”), any and all claims that Buyer may now have or hereafter acquire against any of the Seller Parties for any cost, loss, claim, penalty, fine, lien, judgment, liability, damage, expense, action or cause of action (including, without limitation, attorneys’ fees and costs) (collectively, “Claims”), whether foreseen or unforeseen, direct or indirect, known or unknown, arising from or related to events or circumstances which have heretofore or may hereafter occur in connection with this Agreement, or at or in relation to the Property.

Buyer agrees to indemnify, defend and hold Seller Parties, harmless from Claims made after the Closing Date hereof with respect to the Property. This release includes Claims of which Buyer is presently unaware or which Buyer does not presently suspect to exist in its favor which, if known by Buyer, would materially affect Buyer’s release of Seller. In connection with the general release set forth in this Section 5, Buyer specifically waives the provisions of California Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” ________________________
Buyer’s Initials
This Section 6 shall survive the Close of Escrow.

7. Other Conditions:
02551.00019/1291235v12 3
(a) Seller is responsible for the following: Installation of the proposed 10” waterline on the Property as set forth in the conditions of approval of permit for the Acquistapace Tract Map 6022 (Blosser Ranch subdivision). Said waterline is to be installed and in-service no later than September 30, 2024. If Seller fails to construct the waterline by September 30, 2024, Seller shall authorize Buyer and its designated contractor to construct the waterline and to put it in-service and, as Buyer’s sole and exclusive remedy at law or equity for Seller’s failure to install such waterline by such date, Seller shall reimburse Buyer for all third party out of pocket costs incurred by Buyer with installation of such waterline up to a maximum of $225,000, which reimbursement shall be payable by Seller to Buyer as additional fees payable as part of Seller’s development of Phase 1 of the Project. (b) Buyer is responsible for the following: Installation of a multi-purpose path extending from Battles Road to Stowell Road as set forth in the conditions of approval of permit for the Acquistapace Tract Map 6022 (Blosser Ranch subdivision) affecting the Property, as depicted on the approved map.

8. Deposits by Seller. No later than one (1) Business Day prior to the Closing Date, Seller shall deposit with Escrow Holder the following:
(a) A grant deed in the form of Exhibit B attached hereto, duly executed by Seller, conveying the Property to Buyer (the “Deed”);
(b) A certification of non-foreign status in the form required by law, if required by the Escrow Holder;
(c) A mutually acceptable form of a joint closing statement, setting forth the Closing Costs respecting the Property to be paid pursuant to this Agreement (the “Closing Statement”), duly executed by Seller; and
(d) A title affidavit (if in form and substance acceptable to Seller), evidence of good standing and authority, and such other customary instruments as are reasonably required by Escrow Holder or Title Company or otherwise required to proceed to the Closing and consummate the purchase and sale of the Property in accordance with the terms of this Agreement; provided that any such instruments do not increase Seller’s liability or obligations under this Agreement.

9. Deposits by Buyer. Except as otherwise expressly set forth below, Buyer shall, no later than two (2) Business Days prior to the Closing Date, deposit with Escrow Holder the following:
(a) The Closing Costs, as described under Section 2 above; (b) One (1) counterpart original or copy of the Closing Statement, duly executed by Buyer; (c) Applicable sales tax filings, evidence of good standing and authority, and such other customary instruments as are reasonably required by Seller or Escrow Holder or otherwise required to proceed to the Closing and consummate the purchase and sale of the Property in accordance with the terms of this Agreement; provided that any such instruments do not materially increase Buyer’s liability or obligations under this Agreement; and
(d) Documentation evidencing Buyer and any applicable government agency or municipalities’ approval of the issuance and granting of the Quimby Act/Subdivision Fee Credits to Seller without any further condition in a form acceptable to Seller.

10. Buyer Access to Property. Seller will make available to Buyer and Buyer's consultants, agents and employees, reasonable access to the Property for such inspections, examinations, tests, or any other reasonable investigations of the Property as Buyer deems appropriate, subject to the following:
02551.00019/1291235v12 4
(a) Buyer agrees that all entry and access to the Property, and the conduct of all physical tests, examinations and other studies that Buyer elects to make under this Agreement, must be scheduled through and coordinated with Seller. Seller agrees to cooperate with Buyer with respect to the scheduling of all requested entry and access and the performance of tests, examinations and other studies as contemplated hereunder.
(b) Upon the completion of any such inspection or test, Buyer will promptly restore the Property to its condition prior to such inspection or test, at Buyer’s sole expense. (c) Buyer agrees to defend, indemnify and hold Seller harmless from and against any and all mechanic’s liens that may be filed against the Property and any and all other liabilities and claims for personal injury or property damage, including reasonable attorneys’ fees, arising by reason of the performance of any of such inspection of the Property or access to the Property by Buyer or its representatives.
(d) This Section 10 shall survive the Close of Escrow or termination of this Agreement.

11. Representations and Warranties. Seller and Buyer represent, warrant and covenant that it has received all necessary approvals (including, with regard to Buyer, any approvals necessary to grant the Quimby Act/Subdivision Fee Credits to Seller at Close of Escrow) and has all requisite power and authority to enter into this Agreement and to perform its obligations hereunder. This Section 11 shall survive the Close of Escrow.

12. Construction. Buyer and Seller and attorneys for each have participated in the drafting and preparation of this Agreement. Therefore, the provisions of this Agreement shall not be construed in favor of or against either party, but shall be construed as if both Buyer and Seller equally prepared this Agreement.

13. Attorney Fees. If the Agreement or the transaction contemplated herein gives rise to a lawsuit or other legal proceeding between the parties hereto, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees in addition to any other judgment of the court.

14. Assignment. Seller may assign this Agreement to a successor owner of the Property and any lender to Seller or its affiliate without obtaining the prior written consent of Buyer. Any other assignment of this Agreement must be consented to by both parties in writing.

15. Entire Agreement. The Agreement sets forth all of the promises, covenants, agreements, conditions and undertakings between the parties with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous agreements and understandings. The Agreement may not be changed orally but only by an agreement in writing, duly executed by the party or parties against whom enforcement of any waiver, change, modification, consent or discharge is sought.

16. Limitation on Liability. In no event shall any individual person, member, partner, affiliate, officer, director, agent or employee of Seller or Buyer or any of Seller’s or Buyer’s affiliates be or be held liable or responsible in any way for the obligations or liabilities of such Party under this Agreement.

17. Notices. All notices required or permitted by the Agreement shall be in writing and may be delivered in person to either party at the addresses listed after the signature blocks in the Agreement, or may be sent by registered or certified mail, with postage prepaid, return receipt requested or delivered by Express Mail of the U.S. Postal Service or Federal Express or any other courier service guarantying overnight delivery, or may be transmitted by electronic mail. Any notice sent by registered or certified, return receipt requested, mail shall be deemed duly given and received 72 hours after the same is so addressed, and notices delivered by overnight service shall be deemed to have been given 24 hours after 02551.00019/1291235v12 5
deliver of the same, charges prepaid. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof.

18. Further Assurances and Documentation. Each party agrees in good faith to take such further actions and execute such further documents as may be necessary or appropriate to fully evidence and carry out the intent and purpose of this Agreement.

19. Partial Invalidity. If any term or provision or portion thereof of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision or portion thereof to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

20. Calculation of Time. If a date for taking an action or giving notice falls on a Saturday, Sunday or holiday, then the date for the performance of such action or giving of such notice automatically shall be extended to the next succeeding business day. The term “Business Day” means a day other than a Saturday, Sunday or holiday.

21. Counterparts and Electronic Signatures. The Agreement may be executed simultaneously in counterparts, or with electronic signatures through an electronic signature platform such as DocuSign, either of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

22. Governing Law. This Agreement shall be governed by the laws of California. [Signatures follow on the next page]
02551.00019/1291235v12 6
IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the Agreement Date.

SELLER:

BLOSSER FEE OWNER, LLC,
a Delaware limited liability company
By: ______________________
Name:

Title:

Address:

BUYER:

CITY OF SANTA MARIA
By: ______________________
Name:

Title:

Address:
02551.00019/1291235v12 7

EXHIBIT A
Legal Description of the Property
APN: 117-240-055
02551.00019/1291235v12 1

EXHIBIT B

FORM OF GRANT DEED

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
_____________________________
_____________________________
_____________________________
_____________________________
Attn:_________________________
APN: (Space Above For Recorder’s Use)
City of Santa Maria
County of Santa Barbara

GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, BLOSSER FEE OWNER, LLC, a Delaware limited liability company hereby GRANTS
to the CITY OF SANTA MARIA,
that certain real property (“Property”) in the City of Santa Maria, County of Santa Barbara, State of California, together with all improvements located thereon, which is more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.

Commonly known as:

This conveyance is subject to: any liens not now due or payable for taxes and assessments for real property; all other covenants, conditions, restrictions of record; reservations of record; easements, encumbrances, and title matters of record; and all matters which an accurate survey and/or inspection of the Property would reveal.

In exchange for Grantor’s conveyance of the Property to Grantee, Grantee agrees to provide Grantor with a full credit for any and all Quimby Act/Subdivision Fees payable under Title 11 of the Santa Maria Municipal Code or any similar or analogous statute (“Fees”) for all phases of the subdivision, development, and construction of Tract 6022 in Santa Maria (including but not limited to Lots 1 through 5 and 7 through 12 of Tract 6022), also known as Blosser Ranch (collectively, the “Project”), including any increases in such fees in excess of those that would be payable for the Project on the date of this Grant Deed (collectively, the “Quimby Act/Subdivision Fee Credits”); provided that the Quimby Act/Subdivision Fee Credit shall not include a credit for Fees for more than 1170 nonaccessory residential dwellings units (i.e. units which are not accessory dwelling units) in total; provided further that, to the extent, as a result of change in law after the date of this Grant Deed or otherwise, Fees are payable for accessory dwelling units, Grantor shall receive a Quimby Act/Subdivision Fee Credit for up to 327 accessory dwelling units at the Project. This right to the Quimby Act/Subdivision Fee Credits 02551.00019/1291235v12 2
shall run with the land and inure to the benefit of Grantor and any subsequent or successor owner of all or any portion of the Project, and to the extent the Project is owned by more than one owner, such owners shall have the right to allocate the Quimby Act/Subdivision Fee Credits amongst such owners as determined by such owners in their sole discretion. For avoidance of doubt, Grantee’s obligation hereunder is personal to Grantee and may not be assigned. Based on the current plans for the Project as of the date of this Agreement and the law in effect as of the date of this Grant Deed, the Quimby Act/Subdivision Fee Credits would be $3,242,172. Other than Quimby Act/Subdivision Fee Credits for up to 1170 non-accessory residential dwelling units and up to 327 accessory dwelling units at the Project, no other fees are credited to Grantor pursuant to this Grant Deed . 02551.00019/1291235v12 3
[Signatures/Notary Acknowledgement/Legal Description to be provided under final form of Grant Deed] IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of the _____ day of ________________, 202__.

GRANTOR:

BLOSSER FEE OWNER, LLC,
a Delaware limited liability company
By: ______________________
Name:

Title:

GRANTEE:

CITY OF SANTA MARIA
By: ______________________
Name:

Title:
02551.00019/1291235v12 4
EXHIBIT A: LEGAL DESCRIPTION
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, APPROVING THE
PURCHASE AND SALE AGREEMENT FOR LOT 6 OF TRACT
6022,
APN-117-240-055
WHEREAS, City staff and Blosser Fee Owner, LLC (“Seller) have negotiated a draft Purchase and Sale Agreement (“PSA”) for the acquisition of the property located at Lot 6, Tract 6022 (the “Property”); and

WHEREAS, Lot 6 of Tract 6022 (Blosser Ranch subdivision/Acquistapace Tract), (the “Property”), recorded on March 16, 2023, is a 21.13 acre gross subdivision lot located at the intersections of Stowell Road and Battles Road crossing South Depot Street, running parallel to the Santa Maria Valley Railroad right of way; and WHEREAS, Lot 6 of Tract 6022 has been designated as “Recreation Open Space”; and
WHEREAS, the City Council provided direction to address the City’s need for additional sports fields to address the growing outdoor recreation needs of youth and help stem youth violence; and
WHEREAS, using this direction staff at the Recreation and Parks Department have sought grant funding, negotiated with property owners, and hired a consultant to create a conceptual design for such a complex; and
WHEREAS, City staff has determined the zone use of this property for Recreation Open Space is consistent with the General Plan and with the Blosser Southeast Area 5B Specific Plan; and
WHEREAS, the Planning Commission of the City of Santa Maria has approved the tentative map for the Acquistapace (Blosser Ranch), Tract 6022 subdivision on December 16, 2020; and
WHEREAS, the City Council of the City of Santa Maria approved the Final Map and Subdivision Improvement Agreement for the Acquistapace (Blosser Ranch), Tract 6022 on March 7, 2023; and
WHEREAS, the City of Santa Maria entered into a Memorandum of Understanding towards the purchase Lot 6, Tract 6022 with Blosser Fee Owner, LLC; and WHEREAS, the City of Santa Maria desires to acquire this Property to develop a

21.13 acre gross multi-use sports park.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Mayor, or their designee, is hereby authorized to execute the purchase and sale agreement and complete the necessary steps for the purchase of the Property as necessary to finalize the sale of the Property; and

2. The City Council of the City of Santa Maria hereby authorizes the Chief Deputy City Clerk to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of the 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; and

3. The sale of the Property serves the public interest by receipt of the property in exchange for Quimby Act/Subdivision Fees in the maximum amount of $3,242,172; and

4. The proposed purchase of the Property conforms to the City’s General Plan as part of the overall approval of the Blosser Southeast Area 5B Specific Plan as required by Government Code 65402; and

5. The purchase of the Property is exempt from CEQA as a purchase of property (“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; and

6. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 5th day of March 2024. ///
///
///
///
///
///
ATTEST:

Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Interim Department Director
_______________________________
Interim City Manager
FOR THE COUNCIL MEETING OF MARCH 5, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Utilities Shad S. Springer
SUBJECT: Adoption of a Resolution Approving a Pledge of Revenue Agreement with the California Department of Resources Recycling and Recovery for Postclosure Maintenance for the Santa Maria Regional Landfill, Facility No. 42-AA-0016
Description:

The City Council will consider changing the funding mechanism from the Solid Waste Enterprise Fund to a Pledge of Revenue Agreement with California Department of Resources Recycling and Recovery for postclosure maintenance for the Santa Maria Regional Landfill.

RECOMMENDATION:

BACKGROUND:

The Utilities Department provides integrated waste management services on behalf of the City of Santa Maria (City). This includes municipal solid waste, recyclables, and organic waste collection services for residential and commercial customers, operating the Santa Maria Regional Landfill (SMRL) at 2065 East Main Street, and planning for the design, permitting, construction, and operations of the future Integrated Waste Management Facility (IWMF) at Los Flores.

California Code of Regulations Title 27, Division 2, Subdivision 1, Chapter 6 (the “Regulations”) requires operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities. The minimum period to fund a landfill after closure is 30 years, or until no longer deemed a threat by the regulatory agencies.

The City currently uses the Restricted Enterprise Fund mechanism in accordance with §22241 of the Regulations for financial obligations for closure, postclosure maintenance, 2 and corrective action. This mechanism for funding restricts (reserves) the funds. The City currently has $16,650,000 in restricted funds committed to postclosure maintenance.

The Regulations allow another mechanism to demonstrate the availability of financial resources: a Pledge of Revenue. A Pledge of Revenue is an agreement between the City and California Department of Resources Recycling and Recovery (CalRecycle) wherein the City commits to budgeting the costs of postclosure maintenance each year instead of funding the full 30 years with restricted cash reserves.

DISCUSSION:

With the added capacity of the proposed construction of Cell 1 Phase II over the next year, the SMRL is expected to reach full capacity by Fiscal Year 2031/32. To fund this expansion at the SMRL and begin the development of long-term capacity at the IWMF, the Utilities Department estimates capital project costs of $25,800,000 in the next two fiscal years. Changing the City’s funding mechanism from the Enterprise Fund method to the Pledge of Revenue method will allow $16,650,000 in currently restricted funds to become available. These funds will be used to offset a portion of anticipated capital costs.

This will provide more time for the City to accumulate revenues for capital costs and reduce the amount of money that will ultimately need to be borrowed to build the IWMF.

The Pledge of Revenue mechanism requires the City to enter into an agreement with CalRecycle to memorialize the City’s financial commitment for postclosure maintenance.

Utilities staff drafted the Pledge of Revenue Agreement for Postclosure Maintenance with the concurrence of the City Attorney’s Office and CalRecycle Staff (Attachment “A”).

Fiscal Considerations
Changing the funding mechanism from the Restricted Enterprise Fund to a Pledge of Revenue will allow $16,650,000 to become available (unreserved) in the Solid Waste Fund. These funds will be used for required capital projects and keep the Solid Waste Fund solvent.

The recommended action is only for the postclosure maintenance portion of the Restricted Enterprise Fund. The City will continue to fully fund closure and corrective action financial obligations in the Restricted Enterprise Fund (083-201-01 Closure and 083-201-02 Corrective Action, respectively), as required by Regulations §22241.

Alternatives
The City Council may elect not to approve this agreement and therefore not approve the change in funding mechanism. This will lead to an inadequate cash balance in the Solid Waste Fund. To fund the projected capital expenses, other sources of revenue would need to be identified such as the General Fund or borrowing money through a bond issuance.

The Utilities Department does not recommend this alternative, as funds are available in postclosure maintenance restricted accounts, which do not require subsidy from the General Fund or other funding sources. The use of these funds will also delay when the City needs to borrow money for the construction of the IWMF, allowing more time to 3 accumulate construction funds and decreasing the amount of money required to be borrowed.

Impact to the Community
Operators of solid waste landfills are required to continue monitoring and maintaining the landfill once it is closed to protect against the release of hazardous constituents to the environment. The proposed change in funding mechanism for SMRL will continue to provide customers with a local, cost-effective option for the safe disposal of waste and not reduce the City’s commitment to postclosure maintenance for the SMRL.

Other Agency Review
The Pledge of Revenue agreement was reviewed and approved by CalRecycle.

ATTACHMENTS
Attachment “A”: Pledge of Revenue Agreement
Atty Rev. 2023, Risk Rev. 2023 Page 1 of 3

PLEDGE OF REVENUE AGREEMENT

FOR POSTCLOSURE MAINTENANCE

FOR THE SANTA MARIA REGIONAL LANDFILL,
FACILITY NO. 42-AA-0016
This Agreement establishes a Pledge of Revenue to assure that adequate funds are available to carry out the Postclosure Maintenance for the Santa Maria Regional Landfill, owned and operated by the City of Santa Maria, a California Municipal Corporation and charter city, in Santa Maria, California.

This Agreement shall become effective immediately and is made and entered into by and between the City of Santa Maria and the California Department of Resources Recycling and Recovery (“CalRecycle”).

WHEREAS, Public Resources Code, §43500 through §43610.1 and Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 6 (“Regulations”), require operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities; and WHEREAS, §22228 and §22245 of the Regulations specify a Pledge of Revenue as an acceptable mechanism to demonstrate financial responsibility for postclosure maintenance costs of a solid waste landfill; and
WHEREAS, the City of Santa Maria operates the Santa Maria Regional Landfill, a Class III disposal facility permitted to accept non-hazardous municipal solid waste, in conformance with the findings, conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. 42-AA-0016 issued by Santa Barbara County serving as the Local Enforcement Agency for CalRecycle (the “LEA”); and
WHEREAS, the City of Santa Maria is pledging revenues from tipping fees of the Santa Maria Regional Landfill (Solid Waste Facilities Permit No. 42-AA-0016), as further outlined herein; and
WHEREAS, the City of Santa Maria has determined that projected net revenues from tipping fees during the State mandated period of postclosure maintenance, as determined pursuant to §21900 of the Regulations, shall, during each year of this period, be greater than the yearly monitoring and postclosure maintenance costs contained in the most recent Cost Estimates for the Santa Maria Regional Landfill, which has been submitted to CalRecycle in accordance with §21840 of the Regulations.

NOW THEREFORE, the City of Santa Maria and CalRecycle do hereby agree as follows:

1. The City of Santa Maria hereby establishes a pledge of revenue to demonstrate financial responsibility for postclosure maintenance costs of the Santa Maria Regional Landfill in accordance with §22228 and §22245 of the Regulations.

2. The City of Santa Maria agrees to pledge net revenues from landfill tipping fees deposited in the Solid Waste Enterprise Disposal Fund 010 for this purpose.

ATTACHMENT "A"
Atty Rev. 2023, Risk Rev. 2023 Page 2 of 3

3. The amount of the pledged revenue in the operating account shall be equal to $665,000 per fiscal year for the State-mandated period of postclosure maintenance, representing the most recent monitoring and postclosure maintenance cost estimate for Santa Maria Regional Landfill. It is agreed by the parties that the amount of this pledge may increase or decrease to match any adjustment to the identified cost estimate mutually agreed to by the City of Santa Maria and CalRecycle.

4. Disbursement of funds for postclosure maintenance shall be in accordance with the final postclosure maintenance plan, as approved by CalRecycle.

5. The City Manager or designee is directed to produce an Annual Certification Report (form CalRecycle 114) as required by §22233(b)(4)(B) of the Regulations to demonstrate that the pledged revenue continues to be available when needed and will cover the cost estimates identified in the updated Annual Inflation Report required by §22236 of the Regulations. It is understood that copies of the Resolution and Pledge of Revenue Agreement are not required annually, unless amended.

6. If the City of Santa Maria ceases at any time to retain control of its ability to allocate the pledged revenue as identified herein to pay postclosure maintenance costs, the City of Santa Maria shall notify CalRecycle and the local enforcement agency and shall obtain alternate coverage within sixty (60) days after the control of funds lapses, pursuant to §22245 of the Regulations.

7. In the event that CalRecycle, Regional Water Quality Control Board (“RWQCB”), or LEA staff determine that the City of Santa Maria has failed, or is failing, to perform postclosure maintenance as required by law, CalRecycle, RWQCB and/or LEA staff shall confer with the City of Santa Maria and attempt to resolve the alleged violation. If no agreement is reached, the matter shall be presented to CalRecycle, which shall give reasonable notice, hold a public hearing, and consider the testimony and documentation submitted by CalRecycle and/or LEA staff, City of Santa Maria, and any interested parties, prior to making a determination in the matter. In the event CalRecycle then determines that the City of Santa Maria has failed, or is failing, to perform postclosure maintenance as required by law, CalRecycle may direct the City of Santa Maria to pay the Director of Utilities from the pledged revenues sufficient funds to ensure postclosure maintenance, who then shall be obligated to use such finds for postclosure maintenance in accordance with the directives of CalRecycle and RWQCB. ///
///
///
///
"ATTACHMENT "A"
Atty Rev. 2023, Risk Rev. 2023 Page 3 of 3
IN WITNESS HEREOF, the parties have executed this Agreement on the date as set forth below.

By the City of Santa Maria this _____ day of __________ 2024.

By the CalRecycle this _____ day of __________ 2024.

STATE OF CALIFORNIA CITY OF SANTA MARIA

CALIFORNIA DEPARTMENT OF

RESOURCES AND RECOVERY
(CALRECYCLE)
a political subdivision
of the State of California
By: By:

Authorized Officer of the CalRecycle SHAD S. SPRINGER, P.E., MPA Director of Utilities
ATTEST
By:

ALEXANDRA VALADEZ
Assistant City Clerk

APPROVED AS TO FORM

AND PROCEDURE

APPROVED AS TO FORM
Authorized Counsel
of the CalRecycle
Risk Manager
City Attorney
ATTACHMENT "A"`
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,

CALIFORNIA, APPROVING A PLEDGE OF REVENUE AGREEMENT

WITH THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING

AND RECOVERY FOR POSTCLOSURE MAINTENANCE OF THE
SANTA MARIA REGIONAL LANDFILL, FACILITY NO. 42-AA-0016
WHEREAS, the City of Santa Maria operates the Santa Maria Regional Landfill, a Class III disposal facility permitted to accept non-hazardous municipal solid waste, in conformance with the findings, conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. 42-AA-0016 issued by Santa Barbara County serving as the Local Enforcement Agency (“LEA”) for the California Department of Resources Recycling and Recovery (“CalRecycle”); and
WHEREAS, Public Resources Code §43500 through §43610.1 and Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 6 (the “Regulations”), require operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities; and
WHEREAS, the City of Santa Maria currently utilizes a restricted enterprise fund in accordance with §22241 of the Regulations demonstrating financial assurances for closure, post-closure, and corrective action; and
WHEREAS, the City of Santa Maria shall continue to fully fund closure and corrective action costs in the restricted Solid Waste Enterprise Fund (083-201-01 Closure and 083-201-02 Corrective Action, respectively), as required by §22241 of the Regulations; and
WHEREAS, §22228 and §22245 of the Regulations specify a Pledge of Revenue as an acceptable mechanism to demonstrate financial responsibility for financing postclosure maintenance costs of a solid waste landfill; and WHEREAS, the City of Santa Maria shall establish a Pledge of Revenue to demonstrate financial responsibility for postclosure maintenance of the Santa Maria Regional Landfill in accordance with §22228 and §22245 of the Regulations; and WHEREAS, the City of Santa Maria and CalRecycle have agreed to enter into an agreement to memorialize financial obligations for postclosure maintenance for the Santa Maria Regional Landfill, as required by the Regulations, as further outlined in the most recent Pledge of Revenue Agreement for Postclosure Maintenance for the Santa Maria Regional Landfill with CalRecycle.
///
///
2 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. Authorize and direct the City Manager or designee to enter into a Pledge of Revenue Agreement for Postclosure Maintenance for the Santa Maria Regional Landfill with CalRecycle, incorporated herein by reference; and

2. Authorize and direct the City Manager or designee to enter into amendments or modifications consistent with the original terms of the Agreement; and

3. Authorize and direct the City Manager or designee to transfer $16,650,000 from the Solid Waste Enterprise Fund account 083-201-03 (Postclosure) to account 010-201-00 (Operating) for the Santa Maria Regional Landfill; and

4. Authorize and direct the City Manager or designee to allocate sufficient funding in the annual budget of the Solid Waste Enterprise Fund 010 to facilitate postclosure requirements consistent with the Regulations; and

5. Authorize and direct the Assistant City Clerk to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Assistant City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 5
th day of March 2024.

ATTEST:

Assistant City Clerk
Mayor
APPROVED AS TO FORM:
______________________________
City Attorney
APPROVED AS TO CONTENT:
______________________________
Department Director
______________________________
Interim City Manager
FOR THE COUNCIL MEETING OF MARCH 5, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Interim Assistant City Manager / Director of Community Development Chuen Wu
SUBJECT: Holiday Inn Express General Plan Map Amendment, Zone Change, and Planned Development Permit at the 2000 Block of Roemer Court Description:

The City Council will consider approving a General Plan Land Use Map Amendment and Zone Change (GPZ2022-0001) for Lotus Management, Inc. amending a 2.13-acre site FROM an HCM (Heavy Commercial Manufacturing) land use designation and PD/CM (Planned Development/Commercial Manufacturing) zoning TO a CC (Community Commercial) land use designation and PD/C-2 (Planned Development/General Commercial) zoning, and will consider a Planned Development Permit (PD2022-0001) to construct a 4-story, 93-room hotel.

RECOMMENDATIONS:

3. Introduce for first reading, and continue to a future meeting, an Ordinance amending the official Zoning Map for Lotus Management, Inc. (GPZ2022-0001) on

2.13 acres located at the 2000 block of Roemer Court FROM PD/CM (Planned Development/Commercial Manufacturing) to PD/C-2 (Planned Development/General Commercial) zone district for Holiday Inn Express; and 2 4. Adopt a Resolution approving Planned Development Permit PD2022-0001 for Holiday Inn Express, located at the 2000 block of Roemer Court.

BACKGROUND:

The 2.13-acre project site is comprised of two vacant parcels located on the 2000 block of Roemer Court (Attachment A – Vicinity Map). The site is bordered on the west side by two hotels including the Fairfield Inn & Suites as well as Candlewood Suites, and to the south by the Reddaway Trucking Company yard. To the east of the property is undeveloped industrial development, and to the north is a County of Santa Barbara flood control channel as well as the Gateway Business Center. The corresponding zone districts include PD/C-2 to the west, PD/M-1 to the south, and PD/CM to the east and north.

Planning Commission:

The Planning Commission received a presentation on this project at the Study Session held on November 16, 2023. At their January 17, 2024, public hearing, the Planning Commission unanimously recommended the City Council approve both the proposed General Plan Amendment and Zone Change for the site and the Planned Development Permit for the development of the hotel.

DISCUSSION:

General Plan Amendment and Rezone
The proposed project includes a General Plan Amendment and Zoning Map Amendment that would change the land use and zoning designations on the site from HCM (Heavy Commercial Manufacturing) to CC (Community Commercial) and from PD/CM (Planned Development/Commercial Manufacturing) to PD/C-2 (Planned Development/General Commercial).

The purpose of the CC designation as described on page LU-18 of the City’s General Plan Land Use Element is “to include the majority of retail uses outside the central core, particularly along the lineal development corridors which have emerged. The majority of these uses would be geared to the area-wide market.” Changing the land use designation and zoning on the project site from HCM to CC and from PD/CM to PD/C-2 would allow more flexibility regarding the types of uses that could be developed at the site including the proposed hotel. The proposed C-2 zoning and CC land use designation would align the property with the existing properties zoned C-2 adjacent to the site and the existing hotels along the west side of Roemer Court. The proximity of the project site to the Broadway commercial corridor and Highway 101 interchange makes the project site a desirable location for travelers or tourists visiting the area.

Planned Development Permit
With the C-2 zoning designation including the Planned Development (PD) overlay, the development of the proposed Holiday Inn Express hotel building requires approval of a Planned Development permit. The proposed hotel would be four stories (56’5” tall) and approximately 56,000 square feet in floor area with 93 guest rooms and amenities, including a lounge, meeting room, pantry, indoor pool, gym, and outdoor patio space. 3 The building’s exterior would consist of stucco, stone, metal composite panels, and dual pane windows. A flat roof is proposed that would be obscured by the proposed parapet with multiple stepped heights. The paint scheme would include earth tone varieties ranging from beige to copper shades. Vehicular access to the proposed project would be provided via two proposed driveways on Roemer Court. A total of 102 parking spaces are required and 119 parking spaces are proposed, which sufficiently meets the minimum parking requirement.

Over 25 percent of the site is provided as landscape area, exceeding the 15 percent minimum requirement for commercial development as required by the Municipal Code.

Landscaping is distributed throughout the site and includes a mix of drought-tolerant shrubs/groundcover with seven large canopy street trees adjacent to Roemer Court, and 35 additional trees within the project site. The site is open to Roemer Court, with a decorative wrought iron fence to enclose the north, east, and south sides of the site.

Alternative(s)
The City Council, through written findings, may determine that the proposed Land Use and Zoning Amendment are not consistent with the goals, objectives, policies, and programs of the General Plan, and deny the project, leaving the existing industrial land use and zoning designations in place. The proposed hotel project is not an allowed use under the site’s industrial designations. Alternatively, the City Council may approve the proposed Land Use and Zoning Amendment, but request revisions to the Planned Development application for the hotel or determine that the hotel is not the appropriate commercial use for the site.

Environmental Review
An Initial Study/Mitigated Negative Declaration (MND) was prepared to analyze the project’s potential for environmental impacts under the California Environmental Quality Act (CEQA). The MND includes mitigation measures for the environmental impacts in the topic areas of air quality, biological resources, cultural resources, geology and soils, noise, and tribal cultural resources. The draft MND was circulated for public review for 30 days through the State Clearinghouse from October 3, 2023, to November 1, 2023.

Two comment letters were received during the public review period, including one from the Santa Barbara County Air Pollution Control District (SBCAPCD) and one from the Southwest Mountain States Regional Council of Carpenters. Staff addressed each of these comments as appropriate, with changes depicted in strike-out/underline text in the MND attached to this staff report (Attachment B). The comments provided by SBCAPCD were primarily technical clarifications related to emissions quantifications and regulatory thresholds.

Two additional comment letters were received from the office of Mitchell M. Tsai, Attorneys for Southwest Regional Council of Carpenters, and Western States Regional Council of Carpenters on November 15, 2023, and on January 17, 2024. No substantial revisions to the mitigations or to the project were necessary, as the October 31, 2023, November 15, 2023, and January 17, 2024, letters raised no new information specific to 4 the project to dispute the adequacy of the MND, nor did the letters identify any new or additional potentially significant environmental impacts. Staff updated the MND with detailed responses to each of the issues raised in the comment letters and attached the letters to the MND for reference.

Fiscal Considerations
The proposed project will contribute to economic growth by providing for the future development of a hotel that will serve residents in the City of Santa Maria and surrounding areas, and result in increased transient occupancy tax generation for the City.

Impact to the Community
The proposed project will have a positive impact on the community through the development of a hotel that will contribute to transient occupancy tax revenue, economic growth, and employment opportunities for residents.

ATTACHMENTS
A – Vicinity Map
B – CEQA Initial Study/Mitigated Negative Declaration with Public Comment Letters C – Mitigation Monitoring Program
D – Existing and Proposed Land Use and Zoning Map
E – Planning Commission Resolution No. 2825
F – Planning Commission Resolution No. 2826
G - PD2022-0001 Permit
H – PD2022-0001 Plan Set

N BROADWAY N BROADWAY

N PREISKER LN N PREISKER LN
HWY 101 HWY 101

E ROEMER WY E ROEMER WY

E TAYLOR E TAYLOR

CEDAR RD CEDAR RD

ROEMER CT ROEMER CT

W TAYLOR

W CHANNEL DR W CHANNEL DR
VICINITY MAP ¯ ATTACHMENT A

PROJECT SITE
GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 1 OF 12

CITY OF SANTA MARIA

INITIAL ENVIRONMENTAL STUDY

MITIGATED NEGATIVE DECLARATION
REVISED ON JANUARY 9, 2024 TO ADDRESS PUBLIC COMMENTS
HOLIDAY INN EXPRESS GENERAL PLAN AMENDMENT AND REZONE (GPZ2022- 0001) AND PLANNED DEVELOPMENT PERMIT (PD2022-0001)
Vacant Lot on Roemer Court (APN: 128-003-047 & 128-003-048)

PROJECT SUMMARY
Project Description To change the current land use designation from Heavy Commercial Manufacturing (HCM) to Community
Commercial (CC), and the current zoning from Planned
Development/Commercial Manufacturing (PD/CM) to
PD/General Commercial (C-2).

This change would allow construction of a proposed 4
story hotel building with 93 rooms and associated site
improvements such as parking, landscaping, and
stormwater retention facilities. A total of approximately 55,000 square-feet of floor area would be established at the site from the hotel development.

Location Vacant Lot on Roemer Court
Assessor's Parcel No. 128-003-047 & 128-003-048
General Plan
Designation
HCM
Zoning PD/CM
Size of Site 2.13 acres
Present Use Vacant land
Proposed Uses Hotel
Access Two proposed driveways along Roemer Court
Surrounding
Uses/Zoning
North Flood Control & Gateway Business Center / CM
South Trucking Yard/ Light Industrial (M-1)
East Undeveloped Parcel/ CM

ATTACHMENT B
GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 2 OF 12
West Hotels/C-2
Parking 103 spaces required, 119 spaces proposed
Setbacks Front – None required, 52’ proposed
Rear – None required, 34’
Sides – None required, 33’ & 64’
Height 70’ maximum, 59’-8” proposed
Building Coverage 62,019 sq. ft. or 7 percent
Landscape Area 15 percent required (13,917sq. ft.), 25.8 percent provided (23,982 sq. ft.)
Storm Water Retardation Bio-retention and underground storm chambers Fencing Proposed: 8’ wrought iron fence
Related files/Actions Santa Barbara County Air Pollution Control District (SBCAPCD): Stationary source Authority to Construct
(ATC), Permit to Operate (PTO) for point sources in
development.

Santa Barbara County Environmental Health Services:

Health permit for breakfast area/pantry.

City of Santa Maria Public Works Department: Merger
Applicant/Owner Prakash Patel, Lotus Management, Inc./Anand Enterprises
Procedure Planning Commission and City Council consideration and action regarding a Mitigated Negative Declaration of
environmental impacts.

GENERAL AREA DESCRIPTION:

The project site is located in the northernmost area of the City and is bounded by North Preisker Lane to the north, Roemer Way to the south, North Broadway to the west and Roemer Place to the east. A mix of industrial, office park and hotel development has occurred adjacent to the project area.

ENVIRONMENTAL SETTING:

The project is located within the City of Santa Maria in Santa Barbara County, approximately 0.20 miles west of US Highway 101. The topography in the project area is flat with no significant features within the project site or surrounding area. The project is characterized as a vacant industrial designated site proposed to be developed as a hotel.

GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 3 OF 12
PROJECT DESCRIPTION:

The project includes review of a General Plan Land Use Map Amendment and Zone Change for Lotus Management, Inc. on a 2.13-acre site FROM HCM (Heavy Commercial Manufacturing) land use designation and PD/CM (Planned Development/Commercial Manufacturing) zone district TO CC (Community Commercial) land use designation and PD/C-2 (Planned Development/General Commercial) zone district. Additionally, part of the project includes review of a Planned Development Permit (PD2022-0001) for Lotus Management, Inc. on a to construct a 4- story, 93 room hotel on a 2.13-acre site in a PD/C-2 (Planned Development/General Commercial) zoning district.

The project will consist of a 4 story, 93 room hotel with a total square footage of 56,049 square feet, to include transitory guestrooms, registration offices, employee use areas, laundry, meeting rooms, and electrical and mechanical rooms. Also included is an indoor swimming pool, breakfast area and fitness room for the guests.

PROJECT REVIEW:

The environmental impacts associated with the development of the site were determined using the City of Santa Maria Staff Project Environmental Checklist (attached), on-site inspection, various computer models, and information provided by the applicant. Potentially significant adverse environmental impacts were identified in the area of Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise and Tribal Cultural Resources.

Based on the sources above, no adverse impacts are associated with Aesthetics, Agriculture and Forest Resources, Energy, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems or Wildfire.

IMPACT SUMMARY TABLE
Proposed Project
Size of Site 2.13 acres
Size of Buildings 56,049 square feet
Water Demand (1) 2,400 gallons per day per acre
Sewage Generation (2) 6,510 gallons per day
Average Daily Trips (3) 743
P.M. Peak Trips (3) 55
GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 4 OF 12
Unmitigated
Long Term Emissions: (4)
Reactive Hydrocarbons
Nitrogen Oxides

2.54 2.55 pounds/day

8.07 9.20 pound/day
(1) City of Santa Maria 2015 Utility Capacity Study Information provided by project applicant. (2) Sewer Capacity Study (Appendix C)
(3) Traffic Study (Appendix B)
(4) Air Quality Study (Appendix A)
The following discussion of the potential adverse environmental impacts includes mitigation measures which would reduce all identified impacts to a level of insignificance and are recommended to be included in the conditions of approval for the project. If the decision makers wish to delete a mitigation measure which is proposed to mitigate a significant impact, an alternative mitigation measure should be agreed to by the applicant and made part of the project. Verification that these mitigation measures have been implemented will be monitored as described in Section 8 of the City of Santa Maria's Environmental Procedures. The monitoring checklist is included at the end of this report.

Air Quality
During construction, short term air quality impacts commonly occur. The Santa Barbara County Air Pollution Control District (SBCAPCD) has yet to establish a threshold for construction emissions. The construction phase of the project would emit Ozone precursors nitrogen oxides (NOx), reactive organic compounds (ROC) and carbon monoxide (CO) from the use of construction equipment. Additionally, ground disturbing activity including grading and excavation would emit fugitive dust (PM10) particles.

Mitigation has been identified to require implementation of fugitive dust control measures as well as diesel exhaust control measures during construction activities associated with future development onsite.

During the long-term operational phase of the project, air quality impacts would not result in exceedance of the thresholds recommended by SBCAPCD and no mitigation is necessary.

AQ-1 Construction Emissions Control Measures. The project applicant shall install the following air pollutant emissions control measures throughout the construction period:

Dust Control Measures
During construction, the applicant shall implement all of the applicable measures from the following list as standard dust control measures to avoid impacts associated with fugitive dust emissions:

GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 5 OF 12
a. Use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency should be required whenever the wind speed exceeds 15 mph.

Reclaimed water should be used whenever possible. However, reclaimed water should not be used in or around crops for human consumption. b. Minimize amount of disturbed area and reduce on site vehicle speeds to 15 mph or less.
c. If importation, exportation and stockpiling of fill material is involved, soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin. d. Gravel pads shall be installed at all access points to prevent tracking of mud onto public roads.
e. After clearing, grading, earth moving or excavation is completed, treat the disturbed area by watering, or revegetating, or by spreading soil binders until the area is paved or otherwise developed so that dust generation will not occur.
f. Schedule clearing, grading, earthmoving, and excavation activities during periods of low wind speed to the extent feasible. During periods of high winds (>25 mph) clearing, grading, earthmoving, and excavation operations shall be minimized to prevent fugitive dust created by onsite operations from becoming a nuisance or hazard.
g. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of the structure.

Equipment Emissions Control Measures
During project grading and construction, the applicant shall adhere to the following measures to reduce NOX and PM2.5 emissions from construction equipment:
a. All portable diesel-powered construction equipment shall be registered with the state’s portable equipment registration program OR shall obtain an APCD permit.
b. Fleet owners of mobile construction equipment are subject to the CARB Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel PM and criteria pollutant emissions from in-use (existing) off-road diesel-fueled GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 6 OF 12
vehicles. For more information, please refer to the CARB website at www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
c. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavy-duty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible.
d. Diesel construction equipment meeting the CARB Tier 3 or higher emission standards for off-road heavy-duty diesel engines shall be used to the maximum extent feasible.
e. Diesel powered equipment should be replaced by electric equipment whenever feasible.
f. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California. g. Catalytic converters shall be installed on gasoline-powered equipment, if feasible.
h. All construction equipment shall be maintained in tune per the manufacturer’s specifications.
i. The engine size of construction equipment shall be the minimum practical size.
j. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time.

Fugitive Dust Control
The project applicant shall comply with SBCAPCD’s Rule 345: Control of Fugitive Dust from Construction and Demolition Activities including all applicable standards and measures therein.

Diesel-fired Engine Permits
All portable diesel-fired construction engines rated at 50 brake horsepower (bhp) or greater must have either statewide Portable Equipment Registration Program (PERP) certificates or SBCAPCD permits prior to grading/building permit issuance.

Construction engines with PERP certificates are exempt from SBCAPCD permit, provided they will be onsite for less than 12 months.

Permit to Operate
If contaminated soils are found at the project site, SBCAPCD must be contacted to determine if ATC and/or Permit to Operate permits shall be required. (SBCAPCD permits are required for all soil vapor extraction activities. SBCAPCD permits are also required for the excavation, or “dig-and-haul,” of more than 1,000 cubic yards of contaminated soils.)
GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 7 OF 12
Equipment Idling Requirements
At all times, idling of heavy-duty diesel trucks should be minimized; auxiliary power units should be used whenever possible. State law requires that:
 Drivers of diesel-fueled commercial vehicles shall not idle the vehicle's primary diesel engine for greater than five minutes at any location.  Drivers of diesel-fueled commercial vehicles shall not idle a diesel-fueled auxiliary power system (APS) for more than five minutes to power a heater, air conditioner, or any ancillary equipment on the vehicle. Trucks with 2007 or newer model year engines must meet additional requirements (verified clean APS label required).

See www.arb.ca.gov/noidle for more information.

Asphalt Paving Requirements
Asphalt paving activities shall comply with APCD Rule 329, Cutback and Emulsified Asphalt Paving Materials.

Biological Resources
Nesting Migratory Birds
Future hotel development on the site that would be allowed under the proposed PD/C-2 zoning may result in the removal of four pine trees. The pine trees present within the project site may provide suitable foraging and nesting habitat for a variety of bird species protected under the Migratory Bird Treaty Act (MBTA) and the California Fish and Game Code. If project construction activities are conducted between February and September, they could result in direct and indirect impacts to nesting birds, if present. Potential direct impacts to nesting birds include injury, mortality, or destruction of nests and/or eggs from the use and movement of construction equipment tree and vegetation removal. Potential indirect impacts to nesting birds include the generation of noise and dust from construction activities and the alteration of suitable nesting habitat. Mitigation Measure BIO-1 is included to minimize potential impacts to nesting migratory birds during project construction activities.

The project site is highly disturbed and surrounded by urban development in the City of Santa Maria on all sides and, therefore, does not contain suitable habitat for any other special-status species. Implementation of Mitigation Measure BIO-1 would reduce potential impacts to special-status species to less than significant; therefore, potential impacts related to special status wildlife would be less than significant with mitigation.

Mitigation Measure(s) incorporated into the project:

BIO-1 Pre-construction Nesting Bird Surveys. To avoid and minimize impacts to nesting bird species, including special status species (e.g., burrowing owl) and species protected by the MBTA and CFGC, all initial vegetation clearing and ground disturbance activities for the project shall be limited to the time period between September 1 and February 1.

GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 8 OF 12
If initial vegetation clearing and ground disturbance cannot be conducted during this time period, the applicant shall conduct a pre-construction survey for active bird nests within the limits of the project site and a 300-foot buffer, with an allowed reduction in this buffer, if approved by The City, due to right-of-entry and/or line-ofsight issues. Surveys shall be conducted by a City-approved qualified biologist.

Surveys shall be conducted no less than two weeks prior to any construction activities. If no active nests are located, ground- disturbing construction activities can proceed, and no further mitigation will be required. If active nests are located, then all construction work must be conducted outside a no disturbance buffer zone (up to 300 feet for raptors, and up to 100 feet for all other species). No direct disturbance to nests shall occur until the young are no longer reliant on the nest site as determined by the City-approved qualified biologist. The approved biologist shall conduct monitoring of the nest until all young have fledged, at which time construction activities can occur within the previously established no disturbance zone.

Plan Requirements and Timing.

The results of the surveys shall be reported to the City Community Development Department prior to issuance of grading permits. No disturbance buffers shall be demarcated in the field (e.g., fencing, flagging) prior to initiation of construction activities in the vicinity of an active nest.

Monitoring.

The City Community Development Department staff will verify that a pre-construction nesting bird survey has been conducted, if required based on construction timing, and shall verify that no disturbance avoidance buffers have been established prior to issuance of a grading permit. The approved biologist shall be responsible for monitoring active nests, if any occur.

Cultural Resources
According to the City Resource Management Element, the project site is designated as Archaeological Sensitivity Area 3 – Negligible Sensitivity. Nevertheless, ground disturbance associated with future construction activities have the potential to result in inadvertent disturbance of previously unknown, buried archeological deposits. Impacts are conservatively considered to be potentially significant. Implementation of Mitigation Measure CR-1 would ensure potential impacts are avoided and/or minimized. Based on the location and low sensitivity of the project area, future development of the project site would not be expected to disturb buried human remains. In the event of an accidental discovery or recognition of any human remains associated with future development of the project site, California Health and Safety Code Section 7050.5 stipulates that no further disturbances shall occur until the County of Santa Barbara (County) Coroner has made the necessary findings as to origin and disposition pursuant to CEQA regulations and PRC Section 5097.98. With adherence to California Health and Safety Code Section 7050.5, which stipulates the process to be followed when human remains are encountered, as detailed in Mitigation Measure CR-2, impacts related to the disturbance GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 9 OF 12
of archaeological resources and human remains would be reduced to less than significant.

CR-1 Inadvertent Discovery of Archaeological Resources. In the event that any cultural resource is encountered during subsurface earthwork activities associated with development of the project site, all construction activities within a 100-foot radius of the find shall cease and the City shall be notified immediately. Work shall not continue until a qualified archaeologist, in conjunction with locally affiliated Native American representative(s) as necessary, determines whether the uncovered resource requires further study. Any previously unidentified resources found during construction shall be recorded on appropriate California Department of Parks and Recreation (DPR) 523 Series forms and evaluated for significance in terms of CEQA criteria by a qualified archaeologist. Potentially significant cultural resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts; fossils; or features including hearths, structural remains, or historic dumpsites.

If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan, in conjunction with locally affiliated Native American representative(s) as necessary that will capture those categories of data for which the site is significant.

The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the Central Coast Information Center, located at the University of California, Santa Barbara, and provide for the permanent curation of the recovered materials. These actions would reduce impacts to a less than significant level.

CR-2 Inadvertent Discovery of Human Remains. In the event that human remains are exposed during subsurface earthwork activities associated with development of the project, an immediate halt work order shall be issued, and the City Community Development Department shall be notified. State Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours. These protocols shall be detailed on project grading and construction plans for all development on-site. These actions would reduce impacts to a less than significant level.

Geology and Soils
Future hotel development allowed under the proposed PD/C-2 zoning would result in disturbance to the site. Based on previous site disturbance and manipulation, buried human remains are not expected in the site area. In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code Section 7050.5 stipulates that no further disturbances shall occur until the County Coroner has GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 10 OF 12
made the necessary findings as to origin and disposition pursuant to CEQA regulations and Public Resources Code Section 5097.98. With adherence to State Health and Safety Code Section 7050.5, which stipulates the process to be followed when human remains are encountered.

The project site is underlain by Older Alluvium, which is considered to have high sensitivity for palaeontologic resources (Diblee 1994, U.S. DOT 2004). Fossils that have been historically encountered in formations of this age include tide-pool and rock-cliff mollusks and barnacles in marine deposits (Woodring et al 1950). The project site consists of previously disturbed terrain. Based on the sensitivity of underlying geologic formations, mitigation has been recommended identifying the inadvertent discovery protocol in order to reduce potential impacts to paleontological resources to less than significant; therefore, potential impacts are less than significant with mitigation.

Mitigation Measure(s) incorporated into the project:

GS-1 Inadvertent Discovery of Paleontological Resources. Should any vertebrate fossils or potentially significant finds (e.g., numerous well-preserved invertebrate or plant fossils) be encountered during work on-site, all activities in the immediate vicinity of the find shall cease until a qualified paleontologist evaluates the find for its scientific value. If deemed significant, the paleontological resource(s) shall be salvaged and deposited in an accredited and permanent scientific institution where they will be properly curated and preserved. These actions would reduce impacts to a less than significant level.

Noise
The project is located in an urbanized area surrounded by industrial, hotel, office park development and a roadway. Proposed construction activities onsite would take place adjacent to noise-sensitive land uses and therefore would have the potential to exceed City exterior noise thresholds for those land uses.

Mitigation measures NOI-1 and NOI-2 have been recommended to minimize all potential impacts related to construction noise, associated with the development of the site. These measures include adherence to City construction work hours, implementation of noise control for stationary equipment, and proper maintenance of all equipment to avoid unnecessary increased noise levels. Construction related noise would be limited in duration and nature, and the project does not propose land uses that would generate excessive noise during project operation.

Mitigation Measure(s) incorporated into the project:

NOI-1 During construction of any future development within the project parcel, construction activity shall be limited to the hours between 7:00 a.m. and 6:00 p.m. on weekdays, and between 8:00 a.m. and 5:00 p.m. on Saturdays in accordance with the General Plan Noise Element. No construction shall occur on Sundays or federal or state holidays. Construction equipment maintenance shall be limited to the same hours.

GPZ2022-001 & PD2022-0001 JANUARY 2024

HOLIDAY INN EXPRESS STUDY/MITIGATED NEGATIVE DECLARATION PAGE 11 OF 12
NOI-2 The applicant shall implement the following measures during construction of the project:
 Mufflers. Construction equipment shall be properly maintained and all internal combustion engine driven machinery with intake and exhaust mufflers and engine shrouds, as applicable, shall be in good condition and appropriate for the equipment. During construction, all equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers, consistent with manufacturers’ standards.  Electrical Power. Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities.  Equipment Staging. All stationary equipment shall be staged as far away from the adjacent hotels and offices as feasible.
 Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.
 Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at the adjacent hotels or offices near construction activity.
 Smart Back-up Alarms. Mobile construction equipment shall have smart backup alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.
 Disturbance Coordinator. The applicant shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site.

Tribal Cultural Resources
The City has notified California Native American tribes who have formally requested notification on CEQA projects under Assembly Bill 52 and Senate Bill 18. This notification affords California Native American tribes the opportunity for consultation pursuant to Public Resources Code § 21080.3.1. The City was not contacted by any of the notified California Native American tribes after notification from the City. However, the City has added a mitigation measure for a “discovery clause” whereby work would cease and the Tribe would be notified if a tribal cultural resource was inadvertently discovered during ground-disturbing activities.

Mitigation Measure(s) incorporated into the project:

CITY OF SANTA MARIA
Environmental Checklist / Initial Study
Holiday Inn Express GPZ & PD Permit
(GPZ2022-0001 & PD2022-0001)
REVISED ON JANUARY 9, 2024 TO ADDRESS PUBLIC COMMENTS

1. Project Title and Location
Holiday Inn Express General Plan Amendment, Rezone, and Planned Development Permit Vacant lot on Roemer Court
Santa Maria, CA 93455
APN: 128-003-047 & 128-003-048

2. Lead Agency, Contact and Preparer
Cody Graybehl, Senior Planner
City of Santa Maria
Community Development Department
110 South Pine Street, #101
Santa Maria, CA 93458

3. Project Applicantís Name and Address
Prakash Patel
Lotus Management Inc.
6030 Hellyer Avenue, Suite 150
San Jose, CA 95138
408-912-5118

4. General Plan Designation
Existing: Heavy Commercial/Manufacturing (HCM)
Proposed: Community Commercial (CC)

5. Zoning Designation
Existing: PD/CM (Planned Development /Commercial/Manufacturing) Proposed: PD/C-2 (Planned Development/General Commercial)

6. Brief Description of Project
A request by Lotus Management Inc. for a General Plan Amendment and rezone (GPZ) to allow for general plan land use designation and zoning ordinance designation changes on a 2.13-acre parcel located in the north part of the city and allow for a Planned Development (PD) Permit for a hotel (Figure 1). The project site is currently vacant (Figure 2).

The project proposes to change the current land use designation from HCM to CC, and the current zoning from PD/CM to PD/C-2. This change would allow construction of a proposed 4 story hotel building with 93 rooms and associated site improvements such as parking, landscaping, and stormwater retention facilities. A total of approximately 56,000 square-feet of floor area would be established at the site from the hotel development.

Holiday Inn Express GPZ and Planned Development Permit January 2024 GPZ2022-0001 & PD2022-0001 Environmental Checklist

Page 2 ends

Santa Maria City CouncilMarch 5, 2024

Santa Maria City Council
March 5, 2024