Agenda packet — Santa Maria City Council, March 19, 2024 (part 2 of 7)

City of Santa Maria, Public Works
110 S. Pine Street
Santa Maria, CA 93458
MOVE Santa Barbara County
P.O. Box 92047
Santa Barbara, CA 93190
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.2 Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.3 Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.4 Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Santa Barbara, State of California.

4.6 Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.7 No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.8 Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.9 Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.

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4.10 Prevailing Wage. Prevailing Wage. If applicable, Consultant and all subconsultants are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

CITY OF SANTA MARIA, a political
MOVE Santa Barbara County subdivision of the State of California Heather Deutsch Brett Fulgoni
Executive Director Public Works Director
ATTEST:

Alexandra Valadez
Assistant City Clerk
APPROVED AS TO FORM:

Risk Manager
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES
Consultant hereby agrees to provide to the City of Santa Maria, as the scope of services under this Agreement, the services described on City's Request for Proposal for Pedestrian and Bicycle Safety Professional Services dated January 22, 2024 (Exhibit "D") which outlines the scope of services and work under this contract, and the approved Consultant's Proposal dated January 30, 2024. (Exhibit "E").

The City seeks to enter into an agreement with a consultant to help complete the terms of the awarded OTS Grant Identified as Attachment C in Section 4 of the Request for Proposals. The consultant would purchase 125 helmets for distribution. The helmets are included in the not -to -exceed amount for this contract.

The agreement would have the option to extend the program for two additional years on a yearly basis with a reduced budget from Measure A dollars to support pedestrian/bicycle education events and trainings.

During the course of this Agreement, the City will identify tasks and ask the Consultant to prepare a task proposal which, at a minimum, will include: scope of work, "not -to -exceed" cost, and schedule. Additional tasks will be assigned as new exhibits to this contract, with each new task being sequentially as Exhibit Al, A2, A3, etc.

No Task may be assigned under this contract unless that project has been separately budgeted for and approved by the City Council. The City is under no obligation to expend any funds under this Contract unless it determines it is in the City's best interest to do so.

The City is under no obligation to utilize the prequalification list for any particular project and may instead seek services for that project pursuant to the City's purchasing guidelines. When work is performed pursuant to the prequalification list established by this RFP and this Agreement, work will be performed on a rotating basis among the pre - qualified consultants, based on consultants' availability.

A Notice to Proceed will be issued by the City for each task under this Agreement. In case of any conflicting terms it is the express intent of the parties hereto that the order of precedence and controlling language shall be as follows:
1) this Agreement;
2) the City's Request for Proposal (Exhibit "D");
3) the Consultant's proposal (Exhibit "E").

Selected firms will be expected to perform the following tasks either within their own forces or by the use of sub -consultants identified in consultant's proposal.

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• Creating program sustainability by training teachers to teach the program including coordinating volunteers and managing logistics.
• Providing low-cost helmets for all students.
• Providing low-cost bicycles for students in need.

Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops.

These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school -aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non -motorized road users.

The consultant selected will help the City of Santa Maria meet all goals and objectives identified in the FY 23/24 OTS Grant awarded to the Public Works Department. The grant and budget are attached to this RFP for reference. The tasks and responsibilities of the selected consultant will be reduced to reflect the above bullet points following the first year of this contract.

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EXHIBIT "B"

PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Contractor to generate the not -to -exceed cost of $151,000 for the first year of the contract, with subsequent extension costs not to exceed $31,000 per year unless otherwise negotiated.

I I . Invoice procedure.

A. Payment shall be at the conclusion of the Assigned Task based on the billable charges.

B The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

I I . Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum "not -to -exceed" cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A" or any Assigned Task.

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EXHIBIT "C"

INSURANCE REQUIREMENTS
Consultant 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 Consultant, his/her agents, representatives, or employees. If the Consultant 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 Consultant.

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 Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

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

B. Minimum Limits of Insurance
Consultant 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.

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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.

C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Consultant 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 Provisions
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 Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant'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 Consultant'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 Consultant'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.

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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 Consultant 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.

F. Verification of Coverage
Consultant 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 Consultant'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.

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EXHIBIT "D"

CITY OF SANTA MARIA REQUEST FOR PROPOSALS

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City of Santa Maria

REQUEST FOR PROPOSALS
Pedestrian and Bicycle Safety Professional
Services
ISSUING OFFICE:

City of Santa Maria
Public Works Department
110 S. Pine Street, Ste. 221
Santa Maria, CA 93458
SUBMITTAL: One (1) copy must be received on or before 4:00 p.m., Monday January 29, 2024, with one (1) copy the consultant's schedule of fees submitted in a separate sealed envelope.

PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL BE DEEMED UNRESPONSIVE AND RETURNED UNOPENED TO THE PROPOSER.

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Table of Contents

REQUEST FOR PROPOSALS
SECTION 1- INSTRUCTIONS AND CONDITIONS
Project Description
Information
Important Notice
Definitions
Contracting Agency
Legal Responsibilities
Business Tax Certificate
Withdrawal of Proposals
Rejection of Proposals
Evaluation
Pricing Guidelines
Proprietary Information
Tentative Selection Schedule
SECTION 2 - PROJECT OVERVIEW

2.1 Introduction

2.2 Term of Contract

2.3 Scope of Work

2.4 Selection and Evaluation Factors

2.5 Inquiries

2.6 Contract Incorporation

2.7 Negotiations

2.8 Proposal Format
SECTION 3 - AGREEMENTS
SECTION 4 - ATTACHMENTS
1 2
3 4
4 5
5 5
6 6
6 6
7 7
8 9
10 10
10 11
12 12
12 13
14 25

City of Santa Maria
Pedestrian and Bicycle Safety Professional Services

PUBLIC NOTICE

REQUEST FOR PROPOSALS
Request for Proposals (RFPs) must be received by the Public Works Department, Mark Mueller, PE via email [email protected] no later than 4:00 p.m., January 29th, 2024.

Pedestrian and Bicycle Safety Professional Services
No proposer shall discriminate in employment practices on the basis of race, color, national origin, ancestry, disability, gender, or religion.

No qualified handicapped person shall, on the basis of handicap, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any matter leading to the award of contract.

The right is reserved by the City of Santa Maria to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted, and to award the contract according to the proposal which best serves the interests of the City.

Dated this 15th day of January 2024 at Santa Maria, California.

By: Mark Mueller, PE, Principal Civil Engineer
City of Santa Maria, California
Publication Date: January 15th, 2023

SECTION 1 - INSTRUCTIONS AND

CONDITIONS

City of Santa Maria
Pedestrian and Bicycle Safety Professional Services

1.1 Project Description
The City of Santa Maria ("City") is seeking proposals from qualified firms or individuals to provide Pedestrian and Bicycle Safety Services. The City is a charter city located in the County of Santa Barbara. The scope of bicycle and pedestrian safety work shall include but not be limited to teaching students how to ride a bicycle for the first time, teaching students riding skills to enhance safe behaviors such as stopping and stop signs, yielding, signaling, creating program sustainability by training teachers to teach the program including coordinating volunteers and managing logistics, providing low-cost helmets for all students and providing low-cost bicycles for students in need. This RFP is subject to the requirements of Page G-10 and G-11 of the Purchasing Guidelines for the City of Santa Maria.

The City desires to obtain the services of outside firms or individuals to help the City perform Pedestrian and Bicycle Safety Professional Services.

The selected organization will provide the full range of services including:

Teaching students how to ride a bicycle for the first time.

Teaching students riding skills to enhance safe behaviors such as stopping and stop signs, yielding, signaling.

Creating program sustainability by training teachers to teach the program including coordinating volunteers and managing logistics.

Providing low-cost helmets for all students.

Providing low-cost bicycles for students in need.

Terms of Work:

A. The term of the agreement will be for an initial one (1) year period and will include an option for two (2) annual extensions which will occur automatically unless terminated in accordance with the contract. The total term of this Agreement will not exceed three (3) years.

B. The aggregate not -to -exceed fee for all tasks provided during the initial one- year term of the Agreement shall be $151,000. The tasks and responsibilities of the selected consultant will be reduced to reflect the above bullet points following the first year of this contract. Not -to -exceed amounts for the subsequent extensions shall be $31,000 per year.

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
C. All drawings, reports, data, computer files, specifications, calculations, and studies prepared by the Consultant shall become the property of the City, with all rights of ownership, including copyrights and reproduction of the same.

1.2 Information
One (1) copy must be received on or before 4:00 p.m., Monday, January 29, 2024 with one (1) copy the consultant's schedule of fees submitted in a separate sealed envelope. If a consultant is concerned about file size limits, a link to cloud storage (Box.com, Dropbox, etc.) in the submittal email may be used.

For hand delivery, or UPS/FedEx delivery, please use the following address:

City of Santa Maria
Public Works Department — Engineering Division
110 S. Pine Street, Ste. 221
Santa Maria, CA 93458
For Mailing using the United States Postal Service, please use the following address:

City of Santa Maria
Public Works Department — Engineering Division
110 S. Pine Street, Ste. 101
Santa Maria, CA 93458
Unless otherwise directed, all communications regarding this Request for Qualifications should be directed to Mark Mueller, PE, Principal Civil Engineer, via email at [email protected].

Any revisions to the Request for Proposal will be issued and distributed as Addenda. Proposers are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposal.

1.3 Important Notice
The City of Santa Maria will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued, the City will attempt to notify all prospective consultants. However, it will be the responsibility of each prospective

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
consultant, prior to submitting its proposal, to contact Mark Mueller, P.E., Principal Civil Engineer ([email protected]) with the City of Santa Maria, 110 S. Pine Street, Suite 101, Santa Maria, CA 93458, (805) 925-0951 x 1667, to determine if addenda were issued, and to make such addenda a part of their proposal.

1.4 Definitions

1. "Agency" refers to the City of Santa Maria, an Agency established under the laws of the State of California.

2. "Days" refers to working days of the City of Santa Maria when used in context with Agency's bid protest procedures.

3. The terms "file" or "submit" refer to the date of receipt by Agency.

4. "Interested party" includes all bidders on the contract or procurement. The term may also include a subconsultant or vendor at any tier who shows that it has a substantial economic interest in a provision of the Request for Proposals (RFP), or of the interpretation of such a provision.

5. "Local" as used herein refers to the County of Santa Barbara and the State of California. When used in conjunction with the phrase "laws and regulations" it is construed to mean only those laws or regulations associated with the provision of public mass transportation and the use of public funds. It is not construed to include the purchasing and/or protest procedures used by either of the aforementioned entities.

6. "Request for Proposal" as used herein, also includes the term "offer" or "RFP" as used in the context of negotiated procurements.

7. "Administrator" or "Manager" as used herein refers to the project manager of the City of Santa Maria.

1.5 Contracting Agency
The City of Santa Maria will administer the contract resulting from this Request for Qualification.

1.6 Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature, whether the same or expressly referred to herein or not.

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services

1.7 Business Tax Certificate
Possession of a City of Santa Maria Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Contractor shall be required to possess, at its own expense, a valid and current City of Santa Maria Business Tax Certificate prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Santa Maria. For additional information, contact the City of Santa Maria at (805) 925-0951 ext. 2422.

1.8 Withdrawal of Proposals
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals only by written request filed with the City of Santa Maria Project Manager. The request shall be executed by the offeror or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the offeror to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

1.9 Rejection of Proposals
Failure to meet the requirements of the Request for Proposals (RFP) will be cause for rejection of the proposal. The City may reject the proposal if it is incomplete, contains irregularities of any kind, or is offered conditionally. The City reserves the right to reject any and all proposals without cause.

The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the sole opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

1.10 Evaluation
Evaluation and selection of statement of qualifications will be based on the qualifications and evaluation criteria outlined in the RFP request. Brochures or other promotional presentations beyond that which is deemed sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary and will not affect the evaluation process.

The City of Santa Maria reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipate initiative and ability of the proposer to perform the services set forth herein.

The City of Santa Maria reserves the right to reject any or all statement of qualifications, to waive any requirements, both the City's and those proposed by the proposer; to waive Page

City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with mutual consent of the proposer; to re -advertise for RFP proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered; and to evaluate in its absolute discretion, the proposal of each proposer, so as to select the proposer which best serves the requirements of the City, thus providing that the best interest of the City will be served. The proposer's past performance, and the City's assurance that each proposer will provide service as proposed, will be taken into consideration when statement of qualifications are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or the service of any consultant who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer's submission, or at any point in the evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the submission is material shall be made solely in the exercise of the City's sole discretion. The City expressly reserves the right to reject the proposal of any consultant who is in default on the payment of taxes, licenses, or other monies due the City of Santa Maria.

The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories, and reputation in the business community. By submitting a statement of qualifications to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

1.11 Pricing Guidelines
Proposers shall provide proposed fees and cost information as a part of this RFP. Fee schedules submitted in response to this RFP shall identify hourly rates and be no higher than the proposer's standard commercial rates for same services. Fees submitted may be used as a basis of negotiation with the successful consultant.

1.12 Proprietary Information
The proposals received shall become the property of the City of Santa Maria and are subject to public disclosure. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the bidder

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as "Trade Secrets", "Confidential" or "Proprietary" shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most or all, of their proposal as exempt from disclosure may be deemed non -responsive.

1.13 Tentative Selection Schedule
Issuance of RFP January 15, 2023
Question Submission deadline 4:00 p.m., January 22, 2023 Submission deadline 4:00 p.m., January 29, 2023
Council Award of contract February 20, 2024 (tentative) Page73

SECTION 2 - PROJECT OVERVIEW

City of Santa Maria
Pedestrian and Bicycle Safety Professional Services

PROJECT OVERVIEW

2.1 Introduction
The City of Santa Maria, Public Works Department, invites perspective consultants to submit Proposals to perform Pedestrian and Bicycle Safety Professional Services.

The selected organization will provide the full range of services including:

Teaching students how to ride a bicycle for the first time.

Teaching students riding skills to enhance safe behaviors such as stopping and stop signs, yielding, signaling.

Creating program sustainability by training teachers to teach the program including coordinating volunteers and managing logistics.

Providing low-cost helmets for all students.

Providing low-cost bicycles for students in need.

Preliminary descriptions of services for each discipline is attached and outlined in Section 4, Attached — Scope of Work. Proposers are encouraged to cover all tasks and preference will be given to firms that are able to provide as many services as possible.

If used, subconsultant qualifications should be listed and the Public Works Department would like to see subconsultant key staff individual resumes, their placement on the organization chart, and subconsultant firm project experience.

2.2 Term of Contract
The term of the agreement will be for an initial one (1) year period and will include an option for two (2) annual extensions which will occur automatically unless terminated in accordance with the contract. The total term of this Agreement will not exceed three (3) years.

2.3 Scope of Work
See Section 4, Attachment A — Scope of Work.

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services

2.4 Selection and Evaluation Factors
Successful consultants shall be selected by the City of Santa Maria on a rational basis. Evaluation factors outlined below shall be applied to all eligible responsible and responsive proposers in comparing proposals.

A proposer may be selected without discussion after Statement of Qualifications are received. Therefore, proposals should be submitted on the most favorable terms.

A. Evaluation Criteria. An evaluation committee of City staff personnel will review and evaluate all proposals received by the due date based on the following criteria:
a. Ability to Design an Approach and Work Plan to Meet the Project Requirements. An assessment of the overall quality of the proposal.

Qualities and indicators that will receive consideration include the proposer's performance in converting the Scope of Work into a work plan; the detail and clarity of the discussion as to the proposer's approach to undertaking the project; the proposer's performance in identifying any special problems or concerns which may be associated with the project and preliminary ideas about how these obstacles should be addressed; the inclusion of any unique approaches which are designed to save time and money or increase the benefits or effectiveness of the proposed work; the demonstrated ability to work with governmental bodies; and a full understanding of applicable laws or regulations that relate to the project. b. Ability of the Proposer to Carry Out and Manage the Proposed Project. An assessment of the past experience of the organization in general. Qualities and indicators that will receive consideration include the number and types of projects the organization or its employees have completed; the variety of projects completed and a demonstration of the organization's ability to undertake this project; the general level of experience in the areas of supervision, observing and monitoring projects; the organization's ability to realize timetables and quality control objectives; and the demonstrated general ability to bring about a successful completion of the projects under the proposer's direction.
c. Staff: An assessment of the perceived ability of each organization to devote the necessary human resources and management attention to the project.

Do the qualifications of key personnel to be assigned to the project coincide with project's requirements? Do assigned personnel and subconsultant personnel have requisite education, experience, and professional qualifications and licenses?

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
d. Familiarity with Locality: Does the firm have familiarity with the City required to successfully complete the project? How close are the firm's permanent offices to the Santa Maria Valley?
e. Willingness to Comply with the Proposed Agreement Terms. A sample agreement is attached as Section 3. Proposals will be rated based on any exceptions taken to the proposed agreement.
f. Reputation: Are the firm's references from past clients and associates favorable; and, does the firm show financial and operational stability? B. Procedures
a. At the completion of the review process, proposers will be ranked based on the Evaluation Criteria described in section VI II.A above. The City will select the highest ranked firm.
b. Upon completion of the rankings, fee negotiations will commence with the highest ranked firm. If the fees are mutually agreed upon after negotiations, an agreement will be placed on a City Council agenda for approval consideration. If fee negotiations are unsuccessful with the highest ranked firm, that firm will be excused and the fee schedule of the next highest ranked firm will be negotiated.
c. It is anticipated that any award of an agreement for services will be made by the City Council within 90 days of proposal submission.

2.5 Inquiries
Inquiries must be submitted in writing. City shall issue any necessary clarification in writing to all proposers. Proposers should not rely on verbal discussion in lieu of written communication. Failure to adhere to this requirement could render the proposal non -responsive. All inquiries shall be directed to Mark Mueller PE, Principal Civil Engineer, City of Santa Maria, 110 S. Pine Street, Suite 101, Santa Maria, CA 93458, via email at [email protected].

2.6 Contract Incorporation
Proposer should be aware that the City of Santa Maria's attached "agreement" shall become the actual contract document. The terms and conditions defined in Section 3 are to be used as a basis for a contemplated contract. Any modifications to this recommended sample contract will require prior negotiations and approval of the City. Failure of a proposer to accept this obligation may result in the rejections of its proposal or cancellation of any award.

2.7 Negotiations

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
The City of Santa Maria reserves the right to negotiate all elements which comprise the proposal to ensure the best possible consideration for all concerned.

2.8 Proposal Format
Proposals must follow the format outlined in Section 4, Attachment B — Proposal Requirements and all requested information must be supplied. Failure to submit a complete Proposal in the required format shall be considered non -responsive.

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SECTION 3 -AGREEMENTS

AGREEMENT FOR PROFESSIONAL SERVICES
Pedestrian and Bicycle Safety Professional Services
This Agreement is made on DATE, by and between, a NAME California Corporation ("Contractor") and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project: and
WHEREAS, Contractor is registered or licensed in California to perform desired services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.1 Term and Termination. The term of this contract is until 11:59 p.m. on January 31, 2025, beginning on the date first written above. This contract may be extended by mutual consent of the parties, consistent with the terms identified in the Request for Proposals. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.

2.2 Services to be Performed. Contractor shall determine the method, details and means of providing Pedestrian and Bicycle Safety Professional Services. More specifically, Contractor agrees to perform the specific services listed in Exhibit

2.3 City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.4 Payment. Payment terms under this Agreement are listed in Exhibit "B."

2.5 Insurance. Contractor shall provide insurance as listed in Exhibit "C."

City of Santa Maria
Pedestrian and Bicycle Safety Professional Services

2.6 Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.

3. Contractor's Obligations.

3.1 Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. 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.

3.2 Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.3 Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Consultant (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3). [Include highlighted text if Consultant is a "design professional."

3.4 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant (including its employees). The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

4.1 Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
To City: To Contractor:

If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.2 Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.4 Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Santa Barbara, State of California.

4.6 Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.

4.7 No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

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Pedestrian and Bicycle Safety Professional Services

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

NAME of COMPANY CITY OF SANTA MARIA, a political
subdivision of the State of California
NAME
TITLE
Brett Fulgoni
Public Works Director
ATTEST:

Sarah Lansburgh
Chief Deputy City Clerk
APPROVED AS TO FORM:

Risk Manager
City Attorney

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
EXHIBIT "A"

SCOPE OF SERVICES
Consultant hereby agrees to provide to the City of Santa Maria, as the scope of services under this Agreement, the services described on City's Request for Proposal for Pedestrian and Bicycle Safety Professional Services dated (Exhibit "D") which outlines the scope of services and work under this contract, and the approved Consultant's Proposal dated [insert date] (Exhibit "E").

The seeks to enter into an agreement with a consultant to help complete the terms of the awarded OTS Grant Identified as Attachment C in Section 4 of the Request for Proposals.

The consultant would purchase 125 helmets for distribution. The helmets are included in the not -to -exceed amount for this contract.

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Pedestrian and Bicycle Safety Professional Services
EXHIBIT "B"

I I. Invoice procedure.

A. Payment shall be at the conclusion of the Assigned Task based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

I I I. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum "not -to -exceed" cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A" or any Assigned Task.

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Pedestrian and Bicycle Safety Professional Services
EXHIBIT "C"

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 Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

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

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

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

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services

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 Consultant 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 Provisions
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 Consultant including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Consultant'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).

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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. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant 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 Consultant 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.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
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.

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Pedestrian and Bicycle Safety Professional Services
SECTION 4 -ATTACHMENTS

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Pedestrian and Bicycle Safety Professional Services
ATTACHMENT A — SCOPE OF WORK
Basic services shall be to perform various Pedestrian and Bicycle Safety tasks to educate and reduce the incidence of collisions between pedestrians and bicyclists with motor vehicles.

Selected firms will be expected to perform the following tasks either within their own forces or by the use of sub -consultants identified in consultant's proposal.

Tasks may include, but are not limited to the following:
• Teaching students how to ride a bicycle for the first time. • Teaching students riding skills to enhance safe behaviors such as stopping and stop signs, yielding, signaling.
• Creating program sustainability by training teachers to teach the program including coordinating volunteers and managing logistics.
• Providing low-cost helmets for all students.
• Providing low-cost bicycles for students in need.

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
ATTACHMENT B — PROPOSAL REQUIREMENTS
A. Proposals shall be a maximum of 24 individual pages (i.e. 12 double -sided, 24 single - sided, or a mix thereof for a total of 24 individual pages).

B. All proposals shall include the following minimum information:
a. Cover letter of interest. Please identify the location of the key individuals who will be assigned to work on this agreement.
b. Firm Background. Brief description of your firm's history, capabilities, and target markets.
c. Management and Team Members. Provide a description of the team/consultant organization, and a work plan that identifies the personnel to be assigned to each task. The organization description should clearly identify who will be the project manager and the day -to- day contact person for the job. Include relevant experience of the team members who will be assigned to the project.
d. Subconsultants. A list of subconsultants to be used, if any, and their expertise as called for in Item 1, above.
e. Scope of Work. A description of methodology, techniques, and procedures for each of the scope of work items with an explanation of how the proposer plans to approach the tasks and the steps that will be taken to complete the task including analytical methods and tools. Proposers must demonstrate that they understand the magnitude and importance of each individual task. If appropriate, tasks should be organized into phases constituting measurable deliverables.
f. Organization Qualifications. Provide an outline of the organization qualifications indicating relevant background experience and capabilities for this work. A list of major projects, both ongoing and planned, to which the organization is committed during the time frame of this project should also be provided. Include the staff resources devoted to those projects and the status of the projects.
g.

Project Experience. Describe at least three specific projects that the firm and proposed key personnel have worked on within the past five years, including client contact names, telephone numbers, and email addresses. If your firm has completed similar projects without the involvement of the proposed key personnel, please note this in your proposal.
h. Sample Plans. Provide sample plans completed recently for a public agency (2 sheets maximum, 11"x17" maximum size sheet).

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services
i. Project Management. Provide a description regarding how work is scheduled, prioritized, and what structures are in place to ensure your firm meets project time lines.
j. References. Provide at least three (3) client references with phone numbers for relevant work. Specify the client, location, consultant firm members and participating individuals and their roles on team (principal, project director, etc.), type of work, implementation results or status, examples of work, and other relevant information as needed.

Your proposal should elaborate on all services your firm offers, even if not specifically asked for in this RFP. If appropriate, identify the number of staff assigned to each of the service areas and summarize their individual qualifications.

C. Fee Schedule
A fee schedule shall be submitted as a part of this RFP in a separate sealed envelope.

Fee schedules submitted in response to this RFP shall identify hourly rates and be no higher than the proposer's standard commercial rates for same services.

Fees submitted may be used as a basis of negotiation with the successful consultant.

Include an hourly rate for each category of employee (i.e., Principal, Technician, etc.) and fees for applicable direct costs (blueprint, reproduction, etc.).

No "mark-up" will be allowed for direct costs.

If applicable, per diem shall be billed at a maximum of the GSA rate and mileage shall be billed at the IRS mileage rate in place at the time of billing.

No "mark-up" will be allowed for per diem or mileage. Sub -consultant services are to be billed at cost plus ten percent (10%) maximum.

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City of Santa Maria
Pedestrian and Bicycle Safety Professional Services

ATTACHMENT C - OTS GRANT DOCUMENTS

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State of California — Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS24042

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY
Santa Maria

3. Grant Period
From: 10/01/2023
To: 09/30/2024

4. AGENCY UNIT TO ADMINISTER GRANT
Santa Maria Public Works

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school -aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non -motorized road users.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $120,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and reference made a part of the Agreement:
• Schedule A — Problem Statement, Goals and Objectives and Method • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances
• Exhibit B* — OTS Grant Program Manual
• Exhibit C — Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made hereto.

These documents can be viewed at the OTS home web page under Grants:

We, the officials named below, hereby swear under penalty of perjury under duly authorized to legally bind the Grant recipient to the above described Grant IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. conditions of the following which are by this
of Procedure
a part of this agreement as if attached
www.ots.ca.gov .
the laws of the State of California that we are
terms and conditions.

8. Approval Signatures
A. GRANT DIRECTOR
NAME: Mark Mueller
TITLE: Principal Civil Engineer
EMAIL: [email protected]
PHONE: (805) 925-0951 Ext. 1667
ADDRESS: 110 S. Pine Street, Suite 221
Santa Maria, CA 93458
Mai,* Aluell2` Nov 13, 2023
B. AUTHORIZING OFFICIAL
ADDRESS: Alex Posada
Interim City Manager
[email protected]
(805) 925-0951 Ext. 2200
110 South Pine Street
Santa Maria, CA 93458
Alex Posada Nov 20, 2023
(Signature) (Date)
C. FISCAL OFFICIAL
ADDREss: Xenia Bradford
Interim Director of Finance
[email protected]
(805) 925-0951 Ext. 2215
110 South Pine Street
Santa Maria, CA 93458
grAdford Nov 14, 2023
(Signature) (Date)
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
Nov 20, 2023
(Signature) (Date) (Signature) (Date)
11/13/2023 3:06:51 PM

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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY

9. SAM INFORMATION
NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
SAM #: KMK4VML3VFF9

REGISTERED
ADDRESS: 110 E. Cook Street
CITY: Santa Maria
ZIP+4: 93454-5163

10. PROJECTED EXPENDITURES
FUND
CFDA

ITEM/APPROPRIATION
F.Y.

CHAPTER

STATUTE

PROJECTED

EXPENDITURES
402PS-24.1

20.600
0521-0890-101
2022
43/22
BA/22
$40,800.00
402PS-24

20.600
0521-0890-101
2023
12/23
BA/23
$79,200.00

AGREEMENT
TOTAL
$120,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
$120,000.00
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00

OTS ACCOUNTING

OFFICER'S SIGNATURE

DATE SIGNED
Nov 20, 2023

TOTAL AMOUNT ENCUMBERED TO DATE
$120,000.00
11/13/2023 3:06:51 PM Page 2 of 17

State of California — Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS24042

1. PROBLEM STATEMENT
Santa Maria has many high -volume 4 -lane streets designed with moving cars as the priority. There are few facilities for bicyclists, and safe opportunities for pedestrians to cross busy streets are often many blocks apart. The city's 17 elementary schools require multiple crossing guards due to high volumes of fast-moving traffic. Many community members are unaware of recent improvements to pedestrian and bicycle infrastructure and continue to use unsafe or outdated infrastructure on their routes to destinations. Many lack equitable access to safety education or life-saving equipment like helmets. This leads to unsafe conditions such as cyclists on sidewalks, riders executing turns incorrectly, riding the wrong way in bike lanes or riding at night without lights or high -visibility clothing. Local cyclists may be discouraged from riding, decreasing driver awareness of cyclists and reducing incentives for the community to invest in safer bike infrastructure, and students participating in bicycle education at Santa Maria schools may be discouraged from riding to school by intimidating routes.

According to the OTS Crash Rankings, Santa Barbara County ranked 2nd highest statewide for bicyclist - involved crashes in 2020, and Santa Maria is no exception with a ranking of 13 out of 61 smaller B -size cities statewide. Crash rates through 2021 were also relatively high for a city with a population of around 110,000. There were 18 bicyclists injured in crashes in 2021 alone. Older riders are also three times more likely for a crash to result in fatality or severe injury. Two recent incidents in Santa Maria involved young students struck on their bicycles while riding to school near busy intersections. In both incidents, the young riders were found at fault after making mistakes like not yielding for a stop sign or being on the wrong side of the road. According to the Santa Maria Times, Officer McGehee, of the Santa Maria Police Department, credited the student's helmet in one incident with preventing more serious injury.

Elementary up to junior -college -aged students and adults using their bicycles as a form of transportation are most impacted by these issues, as they have little choice but to continue to take their chances along roads that are built for the convenience of cars and not the safety of people. Among these are Santa Maria's elementary school students, where minority enrollment in Santa Maria is close to 100%, while 86% are identified as economically disadvantaged. Those who cannot afford to use a car or do not have access to commuter safety education or equipment currently face reduced access to community services and resources, resulting in a higher likelihood of being involved in a serious crash with a vehicle since students without knowledge of cycling rules and best -practices are more likely to ride unsafely.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of pedestrians killed under age 15 in traffic crashes.

6. Reduce the number of pedestrians injured under age 15 in traffic crashes.

7. Reduce the number of pedestrians killed over age 65 in traffic crashes.

8. Reduce the number of pedestrians injured over age 65 in traffic crashes.

9. Reduce the number of bicyclists killed in traffic crashes.

10. Reduce the number of bicyclists injured in traffic crashes.

11. Reduce the number of bicyclists under age 15 killed in traffic crashes.

12. Reduce the number of bicyclists under age 15 injured in traffic crashes.

13. Increase bicycle helmet usage.

B. Objectives:

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.

Target Number
1 11/13/2023 3:06:51 PM

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2. Participate in traffic safety fairs and/or community events with an effort to reach individuals.
2 3. Participate in the following campaigns: National Walk to School Day, National 4 Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.

4. Conduct pedestrian and/or bicycle safety presentations with an effort to reach youth.
2 5. Develop a pedestrian and/or bicycle safety program and materials to be adopted as an on -going program in schools with an effort to reach students. 1 6. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.
1 7. Develop bicycle and pedestrian safety educational materials to be distributed during classroom presentations, workshops, and community events. 1 8. Conduct pre and post -grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A pre - survey will be required to determine the base year helmet use rate and a post - survey will be required to determine the operational rate. Upload completed survey to GEMS.
2 9. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 125

10. Purchase bicycle helmets.
125

11. Conduct Bicycle Education Training for PE Teachers to learn to teach newly adopted, district wide, bike safety skills classes. The training course will include a curriculum, in -person scenario training, and one-on-one support during an actual 1 Bicycle Education class to be held at one (1) of seventeen participating SMBSD elementary schools with SR2S programs. When reporting, include date/location/length of training event and total number of trainees, including name of participating school(s).

12. Conduct Bicycle Safety Education and Training for students at all participating schools. Classes will typically consist of four (4) sessions during PE and will include helmet fitting, a bicycle safety check, clothing check and skills such as stopping, yielding, using turn signals, among others. Bicycles and helmets will be provided for all students. Program includes instructors, course material, set up and take down, and options for PE teachers to learn the curriculum. When reporting, include date/location, total number of students completing each course, and number of new students who learned to ride for the first time. 200

13. Execute subcontract referenced in the budget. Prior to finalizing the subcontract, grantee will work with the OTS to ensure all costs in the subcontract are allowable. 1 Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA.

3. METHOD OF PROCEDURE
A. Phase 1 — Program Preparation (1st Quarter of Grant Year) • Develop operational plans to implement the "best practice" strategies outlined in section.
the objectives
• All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter.

Media Requirements
• Issue a press release approved by the OTS PIO announcing the kick-off of the grant by
November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS P10.

B. Phase 2 — Program Operations (Throughout Grant Year) 11/13/2023 3:06:51 PM

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Media Requirements
The following requirements are for all grant -related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant -related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
• Pre -approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time -sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant -related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant -related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough -cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant -funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format -appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant -related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. 11/13/2023 3:06:51 PM

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If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant - related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
• Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 — Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California — Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PS24042

FUND NUMBER

CATALOG

NUMBER (CFDA)

FUND DESCRIPTION

TOTAL AMOUNT
402PS-24

20.600
State and Community Highway
Safety
$120,000.00

COST CATEGORY
FUND
NUMBER

UNIT COST OR
RATE
UNITS

TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub -Total
$0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub -Total
$0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety Education
Program - $111,355
402PS-24
$111,355.00
1 $111,355.00
Category Sub -Total
$111,355.00
D. EQUIPMENT
$0.00
Category Sub -Total
$0.00
E. OTHER DIRECT COSTS
Bicycle Helmets
402PS-24
$15.00
125
$1,875.00
Pedestrian/Bicycle Safety Items
402PS-24
$6,190.00
1 $6,190.00
Educational Materials
402PS-24
$580.00
1 $580.00
Category Sub -Total
$8,645.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $120,000.00
11/13/2023 3:06:51 PM

Page 7 of 17 ends

State of California — Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PS24042

BUDGET NARRATIVE

PERSONNEL COSTS

TRAVEL EXPENSES

CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety Education Program - $111,355 - Santa Maria Public Works Agency will seek a contractor to assist with fulfilling the goals and objectives of this grant. Work rendered for this program will include the following expenses: fees to provide pedestrian and bicycle safety education to students at local schools and attendees of local community events and safety fairs which includes the cost to produce a bike safety curriculum manual.

Prior to finalizing the subcontract, grantee will work with the OTS to ensure the subcontract budget and all costs are allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to the OTS and will request a grant budget revision to include the associated costs of the subcontract in the grant budget as a prerequisite for claiming these costs.

EQUIPMENT

OTHER DIRECT COSTS
Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.

Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS.

Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS.

INDIRECT COSTS

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. 11/13/2023 3:06:51 PM

Page 8 of 17 ends

State of California — Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PS24042
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4 -Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300 —Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200 —Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201 Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.0 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
• Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.

GENERAL ASSURANCES
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each "activity," "facility," or "program," as defined in § 21.23(b) and (e) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
"The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award"

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 11/13/2023 3:06:51 PM Page 10 of 17

upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug -free workplace by
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug -free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug -free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted -

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 11/13/2023 3:06:51 PM Page 11 of 17

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9. subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9. subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (htipsil www.sam.gov/) .

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS
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1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/) .

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
11/13/2023 3:06:51 PM Page 13 of 17

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 11/13/2023 3:06:51 PM Page 14 of 17

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org . The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company - owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 11/13/2023 3:06:51 PM Page 15 of 17

State of California — Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PS24042

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
I. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

GRANT DETAILS
Grant Number: PS24042
Agency Name: Santa Maria Public Works
Grant Title: Pedestrian and Bicycle Safety Program
Agreement Total: $120,000.00
Authorizing Official: Alex Posada
Fiscal Official: Xenia Bradford
Grant Director: Mark Mueller

CURRENT GEMS USERS)

1. Mark Mueller
Title: Principal Civil Engineer
Phone: (805) 925-0951 Ext. 1667
Email: [email protected]
Media Contact: No
11/13/2023 3:06:51 PM Page 16 of 17

Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes No „/
Add/Change „/ Remove Access
Mark Mueller Principal Civil Engineer
Name Job Title
[email protected] (805)925-0951 x 1667
Email address Phone number
GEMS User 2 Add as a media contact? Yes No
Add/Change Remove Access
Name Job Title
Email address Phone number
GEMS User 3 Add as a media contact? Yes ❑ No ❑
Add/Change ❑ Remove Access ❑
Name Job Title
Email address Phone number
GEMS User 4 Add as a media contact? Yes ❑ No
Add/Change Remove Access
Name Job Title
Email address Phone number
GEMS User 5 Add as a media contact? Yes No
Add/Change Remove Access
Name Job Title
Email address Phone number
Form completed by: Date: Nov 13, 2023
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.

Mc ..2tkell2r Mark Mueller

1.1;.1 Micllrr INn; I [.liil [ IL:10 Pl
Signature Name
Nov 13, 2023 Grant Director
Date Title
11/13/2023 3:06:51 PM

Page 17 of 17 ends

Grant Agreement - PS24042
Final Audit Report
2023-11-21
Created: 2023-11-13
By: Elsie Machado ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAGZJzTP_qunQtegcKUM2z7IM1ST-KdOQA "Grant Agreement - PS24042" History
t Document created by Elsie Machado ([email protected]) 2023-11-13 - 11:07:11 PM GMT
C. Document emailed to Mark Mueller ([email protected]) for signature 2023-11-13 - 11:07:20 PM GMT
'n Email viewed by Mark Mueller ([email protected]) 2023-11-13 - 11:08:30 PM GMT
C3o Document e -signed by Mark Mueller ([email protected]) Signature Date: 2023-11-13 - 11:09:10 PM GMT - Time Source: server Cw Document emailed to [email protected] for signature 2023-11-13 - 11:09:12 PM GMT
'n Email viewed by [email protected]
2023-11-13 - 11:09:51 PM GMT
&G Signer [email protected] entered name at signing as Mark Mueller 2023-11-13 - 11:10:49 PM GMT
6Q Document e -signed by Mark Mueller ([email protected]) Signature Date: 2023-11-13 - 11:10:51 PM GMT - Time Source: server [7,. Document emailed to Xenia Bradford ([email protected]) for signature 2023-11-13 11:10:53 PM GMT
'n Email viewed by Xenia Bradford ([email protected]) 2023-11-14 - 8:18:54 PM GMT
6o Document e -signed by Xenia Bradford ([email protected]) Signature Date: 2023-11-14 - 8:24:04 PM GMT - Time Source: server

TRAFFIC
SAFETY
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Es,,
Document emailed to Alex Posada ([email protected]) for signature 2023-11-14 8:24:06 PM GMT
t Email viewed by Alex Posada ([email protected]) 2023-11-14 - 8:42:44 PM GMT
t Email viewed by Alex Posada ([email protected]) 2023-11-18 - 1:17:10 AM GMT
6o Document e -signed by Alex Posada ([email protected]) Signature Date: 2023-11-20 - 3:17:20 PM GMT - Time Source: server C-.. Document emailed to Carolyn Vu ([email protected]) for signature 2023-11-20 - 3:17:21 PM GMT
n Email viewed by Carolyn Vu ([email protected])
2023-11-20 - 3:55:00 PM GMT
do Document e -signed by Carolyn Vu ([email protected]) Signature Date: 2023-11-20 - 3:55:10 PM GMT - Time Source: server Cw Document emailed to Barbara Rooney ([email protected]) for signature 2023-11-20 - 3:55:12 PM GMT
t Email viewed by Barbara Rooney ([email protected]) 2023-11-21 - 1:03:26 AM GMT
do Document e -signed by Barbara Rooney ([email protected]) Signature Date: 2023-11-21 - 1:03:37 AM GMT - Time Source: server Q Agreement completed.
2023-11-21 - 1:03:37 AM GMT

TRAFFIC
SAFETY
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EXHIBIT "E"

MOVE SANTA BARBARA COUNTY PROPOSAL

Page 12 ends

MOVE
Santa Barbara County
January 30, 2024
Mark Mueller
City of Santa Maria
Public Works Department
110 S. Pine Street, Ste. 221
Santa Maria, CA 93458
Dear Mr. Mueller,
MOVE Santa Barbara County and Pedal Born Pictures are excited to submit this proposal for the Pedestrian and Bicycle Safety Professional Services. Together we have decades of experience supporting active transportation with a focus on bicycling.

MOVE is based in Santa Barbara County with staff and a community bicycle shop located in downtown Santa Maria. MOVE has taught bicycle education and Safe Routes to School programs throughout the county and in Santa Maria and has close relationships with Santa Maria schools and the district. Pedal Born Pictures is managed by two Santa Barbara County natives with a history of supporting bicycling projects and experience creating educational material and with whom MOVE has previously collaborated.

Key personnel will be based in Santa Maria with additional oversight and support by staff in our Santa Barbara office. Pedal Born Pictures staff are currently located in the Bay Area.

We welcome the opportunity to continue to provide service to the City of Santa Maria and the Santa Maria community through this program.

If you have any questions or concerns, please feel free to contact me.

Sincerely,
-itibula3k,
Heather Deutsch
Executive Director
MOVE Santa Barbara County
moveSBCounty.org
(805) 845-8955
MAILING ADDRESS: SANTA BARBARA OFFICE SANTA MARIA OFFICE:

P.O. Box 92047 508 E. Haley St. 310 Oak St.

Santa Barbara, CA 93190 Santa Barbara, CA 93103 Santa Maria, CA 93454

MOVE Proposal for Pedestrian and Bicycle Safety Professional Services PG 2 Contents
Firm Background 3
Management and Team Members 3
Subconsultants 4
Scope of Work 4
Organization Qualifications 9
Project Experience 10
Project Management 10
References 11
MOVE
Santa Barbara County

MOVE Proposal for Pedestrian and Bicycle Safety Professional Services PG 3 Firm Background
MOVE Santa Barbara County (a merger of the Coalition for Sustainable Transportation and the Santa Barbara Bicycle Coalition) has a 25 -year history of educating, advocating and empowering people to choose walking, bicycling and public transportation in Santa Barbara County. For more than 15 years we have provided Safe Routes to School and bicycle education programming throughout the county having taught thousands of students how to ride a bicycle for the first time and bicycle safety skills. MOVE has offices and community bicycle shops, called Bici Centro, in Santa Maria and Santa Barbara with seven of seventeen education and mechanical staff located in downtown Santa Maria.

Pedal Born Pictures is a creative storytelling agency with over 10 years of experience in helping clients communicate their narratives through film, photography, print, and web -based content.

Pedal Born has worked extensively with non -profits and educational institutions to develop engaging visually -driven content that speaks to audiences of all ages. Pedal Born has a strong connection to the transportation sector, having worked with organizations like People for Bikes, World Bicycle Relief, and the National Interscholastic Cycling Association to craft deliverables aimed at increasing access to sustainable transportation.

Management and Team Members
Project Director: Heather Deutsch has 20 years of experience in project management and sustainable transportation design and has a master's degree in City and Regional Planning from the University of North Carolina, Chapel Hill.

She will be responsible for the review of all deliverables as well as staff and contract management.

Education Senior Program Manager: Kim Stanley has 20 years of experience managing Safe Routes to School and bicycle education programming and has a bachelor's degree in Environmental Studies from the University of California, Santa Barbara. She will oversee school and event programming.

Education Project Manager: Terrence Bircher has ten years of experience teaching and oversees our bicycle education program in Santa Maria. He has a bachelor's degree in Communications from California State University, East Bay.

He will oversee and conduct the education program, events and adoption of the program in schools.

Content Developer: Jacob Seigel Brielle has 7 years of experience in writing and developing educational materials for both teacher and student audiences and has a degree from the University of California, Berkely in Peace and Conflict Studies. He will be responsible for gathering all feedback from existing educators and drafting the copy for the new Bicycle Education Teacher Guide.

Visual Designer: Isaac Seigel-Boettner has 10 years of experience in illustration and visual layout design. He will be responsible for creating the visual layout for the Guide, as well as creating all illustrations and graphic elements for this.

MOVE
Santa Barbara County

MOVE Proposal for Pedestrian and Bicycle Safety Professional Services PG 4 Subconsultants
Pedal Born Pictures is a creative agency that specializes in developing communication materials for nonprofits and education institutions. They focus on making each client's important messages come to life in engaging ways that resonate with whomever they are trying to speak to. They bring to this project a decade of experience building websites, crafting copy, creating visual content, and printing books.

Scope of Work
Task 1. Participate in State and National Campaigns. MOVE will support state and national campaigns that encourage people to travel safely by foot and by bicycle. These include National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month. Work will include developing or using pre - developed material, posting information in our newsletter and in social media about the events and how youth and adults can take action as well as working with Santa Maria public schools to host affiliated events. MOVE has supported these events for over a decade with significant increases in student participation on Bike and Walk to School Day.

Deliverables: Materials and activities to support National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.

1. Racks full of scooters and bicycles on Bike and Walk to School Day at Liberty Elementary School.

Task 2. Participate in Events. In Year 1, in collaboration with public and nonprofit organizations, MOVE will participate in community events where we will host bicycle obstacles courses to teach riding skills and safe riding habits, provide bicycle and pedestrian safety items, provide helmets and teach proper helmet fit, among other activities. MOVE has a seven-year history of working with Santa Maria public departments, schools, and community organizations and in MOVE
Santa Barbara County

MOVE Proposal for Pedestrian and Bicycle Safety Professional Services PG 5 providing bicycle obstacle courses which will allow us to easily collaborate and provide the materials and activities which are most applicable to the event.

Deliverables MOVE will participate in at /east 2 events in Year 1 and provide coordinated activities and safety materials including helmets.

Task 3. Develop Materials and Conduct Pedestrian and Bicycle Safety Presentations. In Year 1, MOVE will develop classroom presentations to be provided to teachers on pedestrian and bicycle safety. The presentations will be tailored to various age groups and will focus on areas such as safe behaviors, environmental benefits and facility design. Material will be provided to teachers and affiliated organizations to present to students. In subsequent years, the materials will continue to be made available and updated as needed.

Deliverables.' Grade -based classroom presentations focused on safe pedestrian and bicycle behavior, environmental benefits and facility design.

Task 4. Develop Bicycle Education Curriculum. In Year 1, Pedal Born Pictures will craft a visually engaging Teacher Guide that lays out the core Bicycle Safety Education goals and lessons. This will be developed in conjunction with feedback from existing educators. It will include both written lesson plans, and dynamic visuals that illustrate how particular elements of the lesson should be implemented on a schoolyard or other suitable location. Where relevant, the Guide will include bilingual education tips to help educators frame the core issues using vocabulary and cultural contexts that help the lessons resonate with students from diverse backgrounds.

The final form of the Guide will be a digital download, allowing widespread adoption with minimal costs. The phases of the project will include:

Phase 1: Discovery. Pedal Born Pictures will gather feedback from educators who have been using MOVE's existing educational materials to determine what has worked most successfully and what is needed. The information will be consolidated into a report for the Project Director to review.

Phase 2: Content Drafting and Revision. Pedal Born Pictures will create a Teacher Guide draft copy by synthesizing existing MOVE materials with the findings of the discovery report. This draft will be submitted to the Project Director for review. Edits will be made as needed.

Phase 3: Content Layout and Revision. Pedal Born Pictures will build out the Teacher Guide copy into a visually dynamic digital asset, with illustrations that help teachers better understand and implement core concepts. This draft will be submitted to the Project Director for review. Edits will be made as needed.

Phase 4: Revision and Delivery. Pedal Born Pictures will share a visually laid -out Teacher Guide with a core group of educators and MOVE staff for review, will edit as needed, and will deliver a final digital copy for use by teachers in the program.

Deliverables: Final Bicycle Education Teacher Guide in a format TBD.

MOVE
Santa Barbara County

MOVE Proposal for Pedestrian and Bicycle Safety Professional Services PG 6 Task 5. Conduct Bicycle Education Teacher Training. In Year 1, 2 and 3, MOVE will coordinate with school districts, schools, school staff and Physical Education teachers to adopt and teach the bicycle education curriculum focused on learning to ride a bicycle and bicycle safety skills.

The program will be part of an initiative to include bicycle education as a part of the Physical Education program in Santa Maria. The training course will include a curriculum, in -person scenario training, and one-on-one support during bicycle education classes. MOVE expects to provide the curriculum training during summer professional development sessions, but will be flexible based on the needs of the school. MOVE will provide one-on-one support at schools during the scheduled bicycle education program with a goal of training the teachers to manage the program in the future. MOVE is uniquely qualified to provide this service as we have a draft curriculum which will be enhanced as part of this project, we have provided teacher training in Santa Maria and in collaboration with the Santa Maria Bonita School District over the past year, and we have taught bicycle education for over a decade.

Deliverables: At /east one annual curriculum and scenario training and on -going one-on-one support at bicycle education classes. Reporting will include the date, location and length of the training; the total number of trainees; and the affiliated school.

2. Santa Maria Bonita School District bicycle education teacher training.

MOVE
Santa Barbara County

MOVE Proposal for Pedestrian and Bicycle Safely Professional Services PG 7 Task 6. Conduct Bicycle Education Student Training. In Year 1, 2 and 3, MOVE will provide support and teach bicycle education classes at public schools throughout Santa Maria. Classes will typically consist of four sessions occurring during the Physical Education program. Classes will teach new students how to ride a bicycle for the first time and experienced students skills to enhance their safety such as checking their clothing and bicycles before a ride, wearing a helmet and how to properly fit a helmet, street rules such as riding on the right and using hand signals, and how to stop and yield. MOVE will provide bicycles, helmets, and course material as well as set up and class instruction. MOVE has been teaching bicycling education throughout Santa Barbara County for over a decade and has taught tens of thousands of students.

Deliverables: Conduct up to 200 classes of bicycle education and provide dates, locations and number of students taught.

3. Students participate in a bicycle education course at Miller Elementary School conducted by MOVE.

MOVE
Santa Barbara County

MOVE Proposal for Pedestrian and Bicycle Safety Professional Services PG E Task 7. Distribute Helmets and Count Helmet Usage. In Year 1, MOVE will provide 125 free helmets to youth in need and conduct a before and after count of helmet usage. This will be supplemented in Year 1, 2 and 3 by providing low-cost helmets at participating schools and community events. MOVE has an established relationship with SafeKids which provides high - quality helmets to nonprofits for $12 each and MOVE has distributed thousands of helmets through our ongoing programs. Concurrently with our work in Santa Maria schools, we will provide low-cost helmets to all students in need, teach students and parents how to properly fit a helmet, and highlight the importance of helmet use.

Deliverables: Purchase and distribute 125 free helmets and additional helmets at cost. Collect and provide data from a before and after helmet count.

4. Helmet fitting and distribution at Alvin Elementary School Task 8. Purchase and Distribute Pedestrian and Bicycle Safety Items. In Year 1, MOVE will purchase items that enhance safety for people walking and bicycling such as reflective bands, reflective shoe laces, spoke reflectors, bike bells and bike lights, and provide them for free at schools and events. MOVE has been providing pedestrian and bicyclist safety items for over a decade and has a keen awareness of items most likely to be used and which have the greatest effect on increasing visibility and safety.

Deliverables.. Purchase and provide safety items at events.

MOVE
Santa Barbara County

MOVE Proposal for Pedestrian and Bicycle Safety Professional Services PG 9 Task 9. Provide Low Cost Bicycles. In Year 1, 2 and 3, MOVE will make available very low-cost bicycles to students in need and provide discounted bikes to program participants at each participating school. Students will be selected in coordination with teachers and school personnel based on variables such as income, ability to store a bicycle and desire to bicycle to school. MOVE is particularly positioned to provide this service through our community bicycle shop, Bici Centro, which has served the Santa Maria community for the past seven years and at which staff and volunteers receive and refurbish donated bicycles.

Deliverables.. Provide very low cost bicyc/es to students in need and discounted bicyc/es to all program participants.

5. Preparation for a low-cost bicycle sale at Liberty Elementary School Organization Qualifications
MOVE has worked in Santa Barbara County for over 25 years educating, empowering and advocating for people who walk, bicycle and take public transportation. We have been implementing Safe Routes to School and bicycle education programs for over a decade and have taught thousands of students how to ride a bicycle for the first time and skills to enhance safe riding. Our current major projects include providing various levels of Safe Routes to School and bicycle education programming to schools in Santa Barbara, Goleta, Carpinteria, the Santa Ynez and Santa Maria Valleys. We have 5 staff dedicated to our education program with additional support staff and bicycle mechanics. This program will continue our on -going work for which we have current allocated staff.

Pedal Born Pictures has developed comprehensive educational materials that communicate core themes and objectives. We know the power of both text and illustration, and when to utilize each most effectively. Our team has over 10 years of experience in graphics design in Adobe InDesign, Illustrator, and Photoshop as well as a background in building websites out in Webflow. Beyond the office, we are also passionate bicycle advocates. We have helped local MOVE

MOVE Proposal for Pedestrian and Bicycle Safety Professional Services PG 10
and international bicycle advocacy organizations develop communication materials to expand access to sustainable transportation. We have also personally worked as bicycle skills educators, teaching students how to safely and confidently navigate their world with pedal power.

Currently we are working with UC Berkeley to develop the core written messaging and public facing communication strategy for a new Master's Program. This project involves a similar process to this proposal, with exploratory research, intake of materials, and creation of messaging across print and web. Each year we focus on 2 major projects and we have the capacity to complete this project.

Project Experience
Through a grant from Santa Barbara County, MOVE has taught bicycling education to schools throughout the Santa Maria and Santa Ynez Valleys over the past 3 years. MOVE taught at approximately eight schools annually teaching over 700 students as well as distributing helmets and supporting Bike and Walk to School Day. Contact name: Mark Friedlander, Santa Barbara County Public Works - Transportation, 805-568-3576, [email protected].

With funding from the Santa Maria Bonita School District (SMBSD), MOVE has established a bicycle education program which is being adopted in all SMBSD schools. The program includes teaching Physical Education teachers; a draft curriculum; coordination of the purchase of two trailers, two fleets of bicycles, and other educational material. The program is ongoing with continued support from MOVE. In 2023, 2,300 students received bicycle education via this program. Contact name: Maurecia Rea -Clark, Physical Education/Health TOSA 1 Elementary Sports Lead, Santa Maria -Bonita School District, (805) 928-1783 x 8232, [email protected] Pedal Born Pictures completed a multi -year educational storytelling project centered around the California Channel Islands titled Island Visions. The project was a collaboration between Santa Barbara Middle School and a board of advisors from UCSB and NOAA. It Included the development of a 400 page, visually rich print resource that brought the Channel Islands to life for students in grades 4-12; a dynamic website that complemented the book by tying its content to related online resources: videos, organizational partners, research materials, and Educator Modules that wove the book and website together into lesson plan progressions based on the 5E model. Contact name: Brian McWilliams, Santa Barbara Middle School, Head of School, 805-682-2989, [email protected]
Project Management
MOVE will provide overall management of the project including scheduling educational activities and events, training staff, and ordering materials and supplies. MOVE will oversee Pedal Born Pictures and provide them with access to draft curriculum, will establish focus group attendees and will review all material. Educational activities will be scheduled with each school via the school principal using a calendar that tracks the use of three trailers and three fleets of bicycles. Teacher training will occur during the summer professional development training period and during the school year, as needed. Work is scheduled based on tasks on a shared calendar that is regularly reviewed by the Managers and Directors and weekly update meetings occur to ensure that all deliverables are met.

MOVE
Santa Barbara County

MOVE Proposal for Pedestrian and Bicycle Safety Professional Services PG 11 References
Mark Friedlander, Santa Barbara County Public Works - Transportation. Mark is the contract manager for MOVE's bicycle education program throughout Santa Barbara County. MOVE staff involved include Heather Deutsch as principal, Kim Stanley as program manager and Terrence Bircher as educator. Work includes teaching bicycle and pedestrian safety skills and implementing a comprehensive Safe Routes to School program. Implementation results include teaching 1,300 students during the 2022-2023 school year in north Santa Barbara County bicycle safety skills with 500 students learning to ride a bicycle for the first time.

Tel. 805.568.3576, email: mkfriedlanderPcountyofsb.orq.

Maurecia Rea -Clark, Physical Education/Health TOSA I Elementary Sports Lead, Santa Maria - Bonita School District. Maurecia is the Santa Maria -Bonita School District manager for the bicycle education program launched by MOVE. MOVE staff involved include Heather Deutsch as principal, Kim Stanley as senior program manager and Terrence Bircher as program manager.

Implementation results include teaching 40 Physical Education teachers the bicycle education curriculum and supporting the School District in teaching 1,800 students during the 2023-2024 school year bicycle safety skills with 600 students learning to ride a bicycle for the first time.

Tel. 805.928.1783 x 8232, email: mreaclark aPsmbsd.net
Rose Hess, Public Works Director / City Engineer, City of Buellton. Rose is the contract manager for MOVE's Santa Ynez Valley -specific bicycle and pedestrian education and safety programming. MOVE staff involved include Heather Deutsch as principal and Kim Stanley as senior program manager. Implementation results include convening quarterly meetings of government staff to discuss sustainable transportation projects, events such as Buellton Open Streets, and bicycle education at three public schools.

Tel. 805.688.5177, email: rosehPcityofbuellton.com
Brian McWilliams, Headmaster, Santa Barbara Middle School. Brian had the initial idea for the Island Visions project and was heavily involved in the development of all three components, providing expert guidance and oversight based on his 30+ years of teaching experience.

Implementation results include a hard copy curriculum entitled Is/and Visions and a supplemental website.

Tel. 805.455.4376, email: brianc sbms.orq
MOVE
Santa Barbara County

MOVE
County
MOVE City of Santa Maria Fee Proposal
Pedestrian and Bicycle Safety Professional Services
Personnel Costs
Other Direct Costs
TOTAL
142, 338.00

8.645.00
150,983.00

MOVE City of Santa Maria Fe e Proposal (Personnel Costs) Ed ucation
Senior Education
Project Program Project
Title Director Manager Manager Mechanic
Rate $69.00 $48 .00 $37 .00 $31.00
Task
Grant M ana ge ment
Provide OTS grant updates and backup materials 20 10 16 Task 1. Participate in State a nd National Campaigns
Develop material and post to social media
Contact schools and coordinate events
Task 2. Participate in Events
Participate in event #1 1 2 12
Participate in event #2 1 11
Task 3. Develop M aterials and Conduct Pedestrian and Bicycle Safety Presentations Develop materials 4 36
Conduct and distribute presentations 30 40
Task 4. Develop Bicycle Education Curriculum
Conduct discovery
Draft con te nt a nd re vis e
Layout content and revise
Deliver final curriculum
Task 5. Conduct Bicycle Education Teacher Training
Training coordination 4 12 60
Scenario training
One-on-one training 12 24 162
Task 6. Conduct Bicycle Education Studen t Training
Scheduling, logistics and fleet maintenance
Course set up
Cla sse s
Task 7. Distribute Helmets and Count Helmet Usage
Purchase and distribute helmets
Conduct helmets counts
Ta sk 8. Purc ha se and Distribute Pedestrian a nd Bicycle Safety Items P urchase and distribute pedes trian and bic ycle safe ty items Task 9. Provide Low Cost Bicycles
Refurbish bicycles
Coordin ate bicycle distributions to schools
2 2
2 4
2 2
8 3
5 36
26 62
124
Content Visual
Developer Designer
$65.00 $65.00
12 8 $3,752
$1,244
$2,672
$609
$4551
$2,004
$2,920
95 50 $9,563'
120 200 $21,076
80 185 $17,363
45 30 $5,013
8 28 124 80
8 14 150
12 42 400 80
6 2
2 4
24 100
2 12
4 22
24 60
TOTAL
$3,072
$6,868
$7,974
$8,964
$6 ,774
$20,124
$5,266
$3,916
$1,064
$4,924
$53,015
$17,914
$609
$2,550'
$9,6141
$7,604j
$35,862
$5,875
$2,550
$17,218
$142,338

MOVE City of Santa Maria Fee Proposal (Other Direct Costs) Quantity Unit Unit Cost
1 LS $6,190
125 EA $15
1 LS $580
Safety Equipm ent
Helm ets
Educational Materials
Total
$6,190
$1,875
$580
TOTAL
$8,645

FOR THE COUNCIL MEETING OF MARCH 19, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Interim Recreation and Parks Director Angela Oslund SUBJECT: Adoption of a Resolution Approving a 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, 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 real property known as Lot 6 of Tract 6022 (Blosser Ranch subdivision), APN-117-240-055 ("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

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.

The City has received a copy of the pesticide remediation and site pre -closure letter from the Santa Barbara County Public Health Department regarding environmental studies completed at this property in preparation for development. The City has negotiated an extended purchase and sale closure date in order to complete any remaining due diligence investigation needed to finalize the Purchase and Sale Agreement.

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 2 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 forty-five (45) 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, 1 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:
2 (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:
3 (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 4 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 govemed by the laws of California. [Signatures follow on the next page]
5 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:
6 EXHIBIT A
Legal Description of the Property
APN: 117-240-055

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 ("Prouerty") 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 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 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 1 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 . 2 [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:
3 EXHIBIT A: LEGAL DESCRIPTION
APN: 117-240-055

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 19th 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 19, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Measure A Five -Year Local Program of Projects for Fiscal Year 2024/2025 Through 2028/2029
Description:

The City Council will consider approving the Measure A Five -Year Program of Projects for transportation and pedestrian enhancement projects within the City of Santa Maria.

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 Measure A Five -Year Local Program of Projects for fiscal years 2024/2025 through 2028/2029; and certifying that the City of Santa Maria will provide sufficient funding in the 2024/2025 budget to meet the Measure A Maintenance of Effort requirement.

BACKGROUND:

In November 2008, Santa Barbara County voters approved the reauthorization of Measure D, an extension of the existing half -cent sales tax for transportation purposes, known as Measure A. Over its 30 -year lifespan, Measure A will provide more than one billion in local sales tax revenues for transportation projects in Santa Barbara County.

Specifically, it will provide approximately $455 million to Northern Santa Barbara County for high -priority transportation projects and programs to address the current and future needs of local communities.

Measure A funds are essential for the current and future maintenance needs of the City's roadways, transportation facilities, and overall infrastructure year after year.

DISCUSSION:

Section 18 of the Measure A ordinance requires each local jurisdiction to annually hold a public hearing to adopt a five-year Program of Projects (POP). This meeting serves that purpose. Once approved, all local POP's are submitted to the Santa Barbara County Local Transportation Authority for approval.

The Five -Year Local POP (Attachment A) proposes projects that comply with the requirements of the Measure A ordinance. The Measure A project list for the current cycle allocates funds to local streets and transportation improvements.

Measure A requires the City to allocate 15 percent of its local share of Measure A funding to pedestrian and bicycle improvements, classified as "Alternate Transportation" Improvements. The Measure A program is divided into five-year segments with regard to Alternate Transportation, and the ordinance requires that the 15 percent requirement for Alternate Transportation expenditures be met completely over each five-year period.

The primary focus of the POP is the maintenance of the existing infrastructure within the City's rights -of -way. Other transportation funding sources, such as Gas Tax, SB1, LSTP (Local Surface Transportation Program), Growth Mitigation, and other grant programs are available for capital expenditures through the normal budget process.

Maintenance of Effort
Maintenance of Effort (MOE) is a common requirement of special tax measures. MOE is a taxpayer safeguard used to assure that new special tax revenues are not used to supplant historical discretionary funding levels. The MOE requirement is meant to maintain existing funding levels so that the new tax revenues will improve public infrastructure or services above current levels.

The Measure A ordinance contains an MOE requirement that identifies the minimum amount of local discretionary funding for local streets and roads. The MOE requirements were established based on the City of Santa Maria discretionary spending reported during Year One, Fiscal Year 2010-11, of the Measure A Program. This amount has increased incrementally over the lifetime of the program. The MOE requirement for FY 2023/2024 is estimated to be $4,230,336.

The Resolution contains a certification required by the Measure A ordinance. The City is required to certify that the City budget includes an amount of local discretionary funding to comply with the MOE requirements. The proposed City of Santa Maria 2024-26 budget shall include sufficient discretionary funding to meet the estimated MOE requirement.

Alternative(s)
The recommended action is to approve the Resolution approving the five-year Measure A POP. The alternative to the recommended action would be for the City Council to direct staff to make changes to the POP and bring the item back to the City Council for approval.

This would result in a delay in submitting the approved POP to SBCAG, which could delay the City's funding.

Fiscal Considerations
This action is expected to bring over $7.6 million to the City of Santa Maria in FY 2024/2025 and a projected total of $37.3 million over the next five years. Attachment A shows "Measure A Revenue Estimates from Santa Barbara County Association of 2 Government (SBCAG)" by year in the second row of the table under "Revenues." This does not include carryovers from the fund balance. The City must adopt a Resolution approving the Measure A Five -Year Local POP and certify the MOE requirement to secure this funding.

Impact to the Community
The Measure A Local POP will have a beneficial impact on the community by directing available Measure A revenues to the maintenance of the City's transportation infrastructure. This network of roadways, sidewalks, streetlights, traffic signals, drainage systems, and landscaping serves every resident of the community daily. The maintenance and operation of this system are of critical importance to nearly every aspect of the health of the community's infrastructure.

ATTACHMENTS
A. Five -Year Measure A Program of Projects
B. SBCAG TTAC Staff Report
3 E=IE
City of Santa Maria
Five -Year Measure A Program of Projects (FYs 24/25 to 28/29) Measure A Local Street and Transportation Improvements Submittal Form Local Street & Transportation Improvements
Measure A Revenues
Project Descriptions
FY 2022/23
Actual
Expenditures
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
TOTAL
Revenues
Measure A Carry -Over
$ 7,772,914
$ 8,105,319
$ 8,214,861
$ 8,008,881
$ 7,863,751
$ 7,772,914
Measure A Revenue Estimates from SBCAG
$ 7,638,713
$ 7,024,081
$ 7.280,217
$ 7,549,972
$ 7,828,275
$ 37,321,258
Total
$ 15,411,627
$ 15,129,400
$ 15,495,078
$ 15,558,853
$ 15,692,026
$ 45,094,172
Maintainance, Improvement or Construction of Roadways & Bridges Roadway Maintenance and improvements
$ 4,793,657
$ 4,349,275
$ 4,128,000
S 4,567,500
$ 4,636,013
$ 4,707,667
$ 22,388,454
Landscaping Maintenance
$ 70,000
$ 77,000
$ 84,700
$ 93,170
$ 106,487
$ 431,357
Traffic Safety
Signage replacements and improvements
$ 425,706
$ 438,477
$ 403,399
$ 419,535
$ 436,316
$ 453,769
$ 2.151,497
Pavement delineation
$ 370,269
$ 381,377
$ 350,867
$ 364,902
$ 379,498
$ 394,678
$ 1,871,321
Street lighting maintenance and improvements
$ 359,117
$ 369,891
$ 340,299
$ 353,911
$ 368,068
$ 382,790
$ 1,814,959
Street lighting upgrades - Underlit neighborhoods
$ 17,298
$ 300,000
$ 330,000
S 363,000
$ 399,300
$ 439,230
$ 1,831,530
Traffic signal maintenance and improvements
$ 244,156
S 251,481
$ 231,362
S 240,617
$ 250,241
$ 260,251
$ 1,233,952
Highway Improvements
TOTAL
$ 6,210,203
$ 6,160,500
$ 5,860,927
$ 6,394,165
$ 6,562,606
$ 6,744,872
$ 31,723,070
Alternative Transportation Expenditures
Measure A Revenues
Project Descriptions
FY 2022/23
Actual
Expenditures
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 28/29
TOTAL
Maintenance, Repair, Construction & Improvement of Bike & Ped Facilities, Safe Routes to School, & ADA Facilities
$ 741,042
$ 1,074,807
$ 982,612
$ 1,021,033
$ 1,061,496
S 1,103,241
S 5,243,189
City-wide Sidewalk Index
$ -
$ 40,000
$ 40.000
S 40,000
$ 40,000
$ 40.000
$ 200,000
Programs, Education, & Incentives to Reduce Single Occupant Auto Trips or Transportation Demand
$ -
$ 31,000
$ 31,000
$ 31,000
$ 31,000
$ 31,000
$ 155,000
$ 5,598,189

TOTAL ALTERNATIVE TRANSPORTATION EXPENDITURES
$ 741,042
$ 1,145,807
$ 1,053,612
$ 1,092,033
$ 1,132,496
$ 1,174,241

TOTAL EXPENDITURES
$ 6,951,246
$ 7,306,307
$ 6,914,540
$ 7,486,197
$ 7,695,101
$ 7,919,113
$ 37,321,258
Alternative Transportation Summary
TOTAL MEASURE A ALLOCATION (FY 2023/24 TO 2027/28)
$ 37,321,258

MINIMUM ALTERNATIVE PERCENTAGE PRESCRIBED BY INVESTMENT PLAN TO BE MET BY FY 2025/26 FOR FISCAL YEARS 2024/25 THROUGH 2028/29 15%

TOTAL MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION $ 5,598,189

PERCENTAGE OF MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION 15%

ATTACHMENT A

SBCAGSTAFF REPORT
Technical Transportation Advisory Committee (TTAC)

SANTA BARBARA COUNTY ASSOCIATION OF GOVFRNMENTS
MEETING DATE: December 7, 2023
STAFF CONTACT: Jacky Mata, SBCAG
SUBJECT: FINAL MEASURE A REVENUE ESTIMATES FOR FISCAL YEARS 24/25 TO 28/29
ATTACHMENTS: Attachment A - Measure D and Measure A Revenues Attachment B - Development Schedule
Attachment C Measure A Local POP Submittal Form - FY 23-24 Attachment D Final FY 24-25 Tables 1-5
RECOMMENDATION:

Recommend approval to the SBCAG Board on the final Measure A revenue estimates for Fiscal Years 2024/25 to 2028/29.

DISCUSSION:

As the Local Transportation Authority, SBCAG is responsible for allocating Measure A transportation sales tax revenues according to the voter -approved ordinance and investment plan. Integral to this responsibility SBCAG staff prepares five-year revenue estimates that are used annually to develop the Measure A Program of Projects (POP) which will be adopted by the SBCAG Board in June 2024.

The attached tables provide draft projected revenues for FY 2024/25 to FY 2028/29.

The revenue estimates reflect the repayment of a $75 million TIFIA loan to accommodate the construction of the U.S. 101 HOV Phase 4 project. This TIFIA loan issuance will impact the overall program with debt payments that began in FY 2022/23.

The estimates are being provided to allow local agencies to begin to prepare their Measure A Programs of Projects. SBCAG is responsible for preparing the Authority Program of Projects. The Local Program of Projects will be due to SBCAG by March 29, 2024. The draft Measure A Program of Projects will be presented for review in May and with adoption by the Board in June.

Estimates of Measure A allocations for the five-year period are presented in the attached tables as follows in Attachment D:

Table 1 — Five -Year Measure A Revenue Estimate
The overall Measure A program revenue estimate for the five-year period is presented in Table 1. The projection for FY 24/25 is 2.4% higher compared to FY 23/24.

The 5 -year revenue projections being presented take into consideration the following factors:
• FY 24/25 — A reduction in interest rates is anticipated to occur within the fiscal year as the historic increases by the Federal Reserve are expected to bring inflation back to a manageable rate. Housing is expected to continue to be a concern as home prices continue to rise, particularly in California, but supply remains below historic levels. Geopolitics has the potential

ATTACHMENT B

to put a strain on the economy as supply chain issues may potentially be impacted. Overall, growth is expected to be low, but favorable.
• FY 25/26 — Movement towards what would be described as normal economic growth is expected as geopolitical issues are resolved and supply chain issues, both national and international, are back on track. With the projected reduction in interest rates, homebuyers and sellers will help with both general consumer goods and the building & construction sectors as purchases are made on higher priced items. New and used vehicle sales will benefit from lower interest rates.
• FY 26/27 — Continued growth in areas such as autos & transportation are expected to grow as consumers turnover older vehicles. Financing will still be an issue due to the continued higher prices of vehicles, as average monthly payments reach closer to $1,000/month. Consumers are still looking for life experiences, such that restaurants and other leisure activities continue to show growth.
• FY 27/28 - Moving into a Presidential election year may cause a slight slowing in the economy as the nation waits for the outcome. However, it is expected that the economy will see a 3.0% growth as consumers continue to appreciate the lower interest rates from previous years, which in turn help the growth in the economy.
• FY 28/29 and the years beyond, represent a normal business cycle, but at some point, will include a recession, or possible slowdown in the economy. Should inflation become a problem the Federal Reserve has shown it is willing to step in and assist in reining it in. For California, a mandate for conversion to electric vehicles by 2035 may begin to cause concerns with the electrical infrastructure for most areas of the state, as well as a decision on how to tax vehicles in order to have funding for road maintenance and repairs, as currently, electricity for charging vehicles is not taxed.

Table 1 shows annual deductions for CDTFA administration costs, which are a maximum 1.15%. In addition, the table includes a deduction of gross revenues of 1.0% for SBCAG administrative costs.

As discussed by TTAC, SBCAG has been approved for a Federal TIFIA Loan by the Build America Bureau to provide financing for SBCAG's Measure A match for SB1 Cycle 1 award for construction of the U.S. 101 HOV project. This will be required to continue annual apportionments of Local Street & Transportation Improvement and transit funding while constructing segment(s) of the HOV project.

Debt service estimates have been incorporated in Table 1 which assumes a TIFIA loan of $75 million beginning in FY 22/23 and drawn down through FY 24/25. The borrowing amount and debt service estimates are the most conservative approach at this time with the possibility of being revised slightly downward.

This table also includes deductions off the top for consultant assistance, for ongoing consultation with the financial advisor, and for TIFIA reporting assistance.

New for the Measure A Revenue Estimates, Staff proposes including a deduction for the Replica data service. This table includes the proposed deduction off the top for Replica. In April 2023, SBCAG entered into an agreement with Replica for a one-year subscription accessible by SBCAG and all jurisdictions in Santa Barbara County. SBCAG funded the initial subscription with Sustainable Communities Planning Grant — Formula funds. As requirements related to the use of that fund source exist, it cannot be used for an ongoing subscription.

ATTACHMENT B

Replica is a planning tool that benefits planning projects, public outreach, application development, and numerous other tasks. Following the September committee meetings, Jessica Grant suggested asking TTAC members to consider funding a regionwide and ongoing subscription with off the top Measure A funds. Doing so would enable the region to retain access to Replica through the expiration of Measure A. To extend the current agreement, Replica offered a non -escalating fee of $96,000 per year through 2040 to cover all agencies within the region. (For reference, the cost would be approximately $500,000 per year if each agency subscribed individually).

Finally, the table assumes that there will be interest earned on the measure fund balance that will be allocated along with the sales tax revenues.

Table 2A — North County and South Coast Annual Allocation Table 2A lists the allocations to be made annually over the five-year period to programs in the North County and South Coast sub -programs. The investment plan specifies that the North County and South Coast programs each receive 43.3% of the total measure revenues over 30 years. But the amount of funding that projects or programs within the sub -programs are to receive are reflected in the investment plan as estimated revenues (in $) over 30 years, not as a percentage. So, dollar amounts have been used to derive a percentage of the sub -program revenue that each will receive annually. The percentages reflected are the same as those from last year.

Table 2B — Highway 101 HOV Widening & Other Named Projects The estimated revenues available for the South Coast Highway 101 HOV project and other "named" projects are reflected in Table 2B. The estimate is derived by deducting the North County and South Coast annual allocation total from the net revenues available for allocation in Table 1.

Table 3 — Local Street & Transportation Improvement Revenues Table 3 derives the estimated North County and South Coast Local Street and Transportation Improvement revenues by jurisdiction within sub -regions using the LSTI estimate from Table 2A and population estimates from January 2023. The North County and South Coast unincorporated population split is based on the 2020 census. The investment plan specifies that on the South Coast, each local agency will provide SBMTD with a percentage of their gross LTSI allocation to be used for transit operations. These estimates are reflected in Table 3. The funds will be distributed directly to SBMTD per the investment plan. The table also reflects the minimum percentage of LTSI funding and the corresponding dollar amount that each local agency must expend on alternative transportation by the end of the five-year period as required by the Investment Plan.

Table 4 — Specialized Transit for Elderly & Disabled
Table 4 reflects the estimated revenues for Easy Lift, the sole specialized transit service provider on the South Coast, and a revenue estimate for the North County based on population and paratransit ridership. Per the investment plan, transit operators and Consolidated Transportation Service Agencies are eligible recipients of this funding, which is intended to reduce fares charged to the elderly and disabled by funding operating expenses of specialized services. Half of the annual North County Specialized Transit funding is allocated based on population, with a $5,000 base allocation to Guadalupe and SMOOTH, and the other half is allocated based on specialized transit ridership figures. Table 4 reflects population figures from the Department of Finance for January 2023 and specialized transit ridership figures from FY 22/23. Ridership figures are based on Fiscal Year 22/23 Specialized Transit figures provided by Transit Operators.

ATTACHMENT B

Table 5 — Local & Authority Program of Projects
This table is a summary of revenue estimates reflected in Tables 1-4, organized by the two Programs of Projects, a Local program, and an Authority program, that the ordinance requires be annually adopted by SBCAG. It includes a column showing which agencies are responsible for preparing the various components of the two POPs.

Program of Projects Submittal Form
SBCAG and local agency recipients of Measure A funds are required to annually adopt programs of projects showing how Measure A funds will be spent over the five-year period. The current Local Program of Projects Submittal form is included as Attachment C. It is based on Appendix B1 (Local Street and Transportation Improvements Funding Eligible Uses) and Appendix B2 (eligible Local Street and Transportation Improvements Funding Alternative Transportation Expenditures) of the Measure A Investment Plan.

The submittal form also includes a designated area for agencies to identify how they are meeting their prescribed alternative transportation expenditure percentages. These percentages for local alternative expenditures need to be met by the end of the second quinquennium of the program (FY 24/25). One column is to be used exclusively by the County to identify expenditures on Class 2 bikeway maintenance that may be counted towards its alternative transportation percentage. The County may count 50% of such expenditures towards its percentages, but these expenditures may not exceed 50% of the prescribed percentage in the five-year period.

Schedule
A summary schedule of the Measure A POP process is attached to this report (Attachment B). The local Programs of Projects will be due to SBCAG by March 29, 2024. SBCAG staff will then develop the Program of Projects for review in May and adoption in June.

ATTACHMENT B

Attachment A
Measure D and Measure A Revenues
Fiscal Years 2005/06 to 2024/25
Program
Fiscal Year
Revenues
Growth Rate
Measure D
2005-06
$31,009,268
2006-07
$32,760,075

5.6%
2007-08
$32,573,516
-0.6%
2008-09
$29,769,950
-8.6%
2009-10
$27,047,320
-9.1%
Measure A
2010-11
$29,175,863

7.9%
2011-12
$32,084,170

10.0%
2012-13
$33,020,369

2.9%
2013-14
$34,817,454

5.4%
2014-15
$36,274,326

4.2%
2015-16
$36,952,647

1.9%
2016-17
$37,497,469

1.5%
2017-18
$37,255,453
-0.6%
2018-19
$42,398,043

13.8%
2019-20
$40,372,225
-4.8%
2020-21
$46,257,033

14.6%
2021-22
$53,769,084

16.2%
2022-23
$54,916,379

2.1%
2023-24*
$54,626,379
-0.5%
2024-25**
$55,927,379

2.4%
* Projected through end of Fiscal Year (Provided by HdL) ** Projected

ATTACHMENT B

Attachment B
Measure A Program of Projects
Development Schedule
FY 2024/25 Cycle
Action
Date
Review of Draft Revenue Estimates
SBCAG provides the Technical Transportation Advisory
Committee with a draft five-year estimate of the Measure A revenues for comment.

November 2
SBCAG approves Measure A Revenue Estimates for FY 24/25 December 14
POP Submittal Date
Local agencies and SBMTD Service Agencies submit a five-year program of projects to SBCAG. The project listing should be prepared and adopted consistent with the Measure A Ordinance.

March 29, 2024
Review of POPs
SBCAG staff reviews local programs of projects and seeks modifications as necessary. SBCAG staff also develops the Draft Measure A Program of Projects for review in May.

April 2024
Draft Measure A POP is presented to TTAC and SBCAG Board May 2024
SBCAG Board Approval of POP
SBCAG Board approves Local and Authority Program of Projects and allocation of Measure A funds for FY 24/25.

June 20, 2024

ATTACHMENT B

Ea
City/County of
Five Year Measure A Program of Projects (FYs 24/25 to 28/29) Measure A Local Street and Transportation Improvements Submittal Form (Figures in $1OOO's)
Local Street & Transportation Improvements
Measure A Revenues
Non -Measure A Revenues
Total Project
Cost
Project Descriptions
FY 22/23
Actual
Expenditures
Carryover
from FY
22'23
carry over
from FY
23/24
FY 2925
FY 2926
FY 26/27
FY 27/28
FY 2529
TOTAL Measure A
Revenues
Local
Slate
Federal
TOTAL Non -Measure A
Revenues
Maintainence, Improvement or Construction of Roadways & Brdge9 50 50
50 50
50 50
50 50
50 Safety ImprO00ments
50 SO
50 50
SO
50 50
SO
5D
Urban Forestry Street Tree Pr0gram
50 SO
50 50
SO
SO
50 SO
50 Storm Damage Repair to Transportation Faceltl55
50 SO
50 50
SO
50 50
SO
50 Roadway Drainage Facilities
50 SO
50 50
SO
5O
50 SO
S0
Traffic Signal Coordnalion, Intersection Cnanoe 1ation
50 SO
50 50
SO
50 50
SO
50 Traffic ManagMMK
50 SO
S0
50 SO
50 50
SO
50 Landscaping Maintenance
50 SO
50 50
50 50
50 SO
SO
Highway Improvements
50 SO
50 50
SO
50 50
SO
50 Matching Funds for Stele and Regional Programs and Projects 50 SO
50 50
SO
50 50
SO
50 Alternative Transportation Expenditures
Measure A Revenues
Non -Measure A Revenues
Total Project
Cost
Project Descriptions
FY 7123
Actual
Expenditures
Carry -ova
from FY
22123
Carryover
from FY
23124
FY24/25
FY 2926
FY 26127
FY27/28
FY 28.29
TOTAL Measure A
Revenues
Local
State
Federal
TOTAL Non -Measure A
Reverwe9
Maintenance. Repel, Construction & Improvement of Bate & Pe0 Facilities SO
SO
00 $0
S0
50 50
50 50
SO
Sale Routes to School Improvements
50 SO
50 50
SO
50 50
50 SO
Reduced Transit Fives for Seniors & Disabled
50 5O
SO
50 50
50 50
SO
50 Bus and Rail Transit Services and Faciwes
50 $0
50 50
SO
50 50
50 50
Programs. Education- & Incentives to Reduce Single Occupant Auto Trips or Transportation Demand
SO
SO
50 TOTAL EXPENDITURES
0 So
50 5o
so
50 5o
so
50 5o
so
50 So
Alternative Transportation Summary
TOTAL MEASURE A ALLOCATION (FY 2023/24 TO 2027120)
50 MINIMUM ALTERNATIVE PERCENTAGE PRESCRIBED BY INVESTMENT PLAN TO BE MET BY FY 2024125 FOR FISCAL YEARS 2020/21 THROUGH 2024/25 Enter
Percentage

TOTAL MEASURE A ALLOCATION TO ALTERNATNE TRANSPORTATION 50 SO

PERCENTAGE OF MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION Enter
Percentage
For Santa Barbara County
Ony
class 2 Bkcsvav l.lantenance
Expenditure - Cant 59
Memo. Transport/nn
Excermt

ATTACHMENT B

Table 1 - Total Receipts and Available Allocations
Final Five Year Measure A Revenue Estimate
FY 2024/25 to FY 2028/29
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 TOTAL
Total Receipts'
$55,927,379 $57,518,379 $59,254,379 $61,080,379 $62,970,687 $296,751,203 Board of Equalization Costs
Administrative Costs (up to 1.15% on receipts)
($645,465) ($663,761) ($683,725) ($704,724) ($726,463) ($3,424,139) Administration: SBCAG Staff + Indirect Costs
(no more than 1% of receipts for administration and
audits)
($561,274) ($577,184)
($594,544) ($612,804)
($631,707) ($2,977,512)
Measure A TIFIA Reporting, HdL revenue
analysis 3
($60,000) ($60,000) ($60,000) ($60,000) ($60,000) ($300,000) Replica Annual Subscription '
($96,000) ($96,000) ($96,000) ($96,000) ($96,000) ($480,000) Debt Service on TIFIA Loan 2
($2,836,542) ($8,476,292) ($8,473,474) ($8,468,250) ($8,469,173) ($36,723,731) Interest on Measure A Fund Balance
Based on historical data
$200,000 $200,000 $200,000 $200,000 $200,000 $1,000,000 Available for Allocation
$51,928,098 $47,845,142 $49,546,636 $51,338,601 $53,187,344 $253,845,821

1. Growth rate figures and revenue estimate for FY 23/24 provided by SBCAG's revenue analysis consultant, HdL.

2. Debt service estimates assume TIFIA loan of $75 million (drawn down through FY 24/25) at 4.02% assumed rate.

3. This also includes $50,000 for TIFIA reporting assistance and $10,000 for revenue monitoring services

4. Includes $96,000 annually for Replica

ATTACHMENT B
11/28/2023

Table 2A - North County and South Coast Annual Allocations Five Year Measure A Revenue Estimate
FY 2024/25 to FY 2028/29
Investment Plan
Total
North County Annual Allocations 5455.000.000 43.3%
FY 24/25
FY 25/26 FY 26/27
FY 27/28 FY 28/29
Local Street and Transportation Improvements
Specialized Transit for Elderly and Disabled
Safe Routes to School. Bicycle & Pedestrian Program
Carpool and Vanpool Program
Interregional Transit Program
S341,000,000

54.500.000
S3,000,000

74.9%

1.0%

0.7%
$16.851,296
$222.378
$148.252
$15.526.327
5204.893
5136.595
516.078.482
5212.179
5141.453
516.659.997
5219.853
S146.569
517.259.936
5227.770
$151,847
South County Annual Allocations
Local Street and Transportation Improvements
Safe Routes to School Program
Bicycle & Pedestrian Program
South Coast Transit Capital Program
Interregional Transit Program
Specialized Transit for Elderly and Disabled
Carpool and Vanpool Program
Commuter/Passenger Rail
TOTAL
$82,376,037 •

51.087.074
$724,716 '

52.000.000 0.4% 598.835 591.064 594.302 597.713 5101.231 5483.144 T $22,500,000 4.9% S1.111.889 51.024,464 51,060.897 S1,099.267 51,138,852 $5,435,369 1.

Subtotal 518.432.649 516.983.343 517.587.313 518.223.398 518.879.637 590.106.340 5455.000.000 43.3%
3 $330,650,000 72.7% 516.339,827 $15.055,073 S15,590,470 $16.154,334 S16,736,064 $79,875,768 513.000.000 2.9% 5642.425 5591.913 5612.963 5635.132 5658.003 53.140.435 I $13.000,000 2.9% $642.425 $591,913 $612.963 S635,132 S658,003 $3,140,435 527.000.000 5.9% 51.334.267 51.229.357 51.273.076 51.319.120 51.366.623 56.522.443 1 $25.350,000 5.6% S1,252.728 $1,154,230 $1,195.277 $1.238.507 51,283,107 $6,123,849

56.000.000 1.3% 5296.504 5273.191 5282.906 5293.138 5303.694 51.449.432 $1,691,004
$7,000,000 1.5% $345.921 $318,722 $330,057 $341,994 5354,310 $25,000,000 5.5% 51.235.432 51.138.294 51.178.774 51.221.407 51.265.391 56.039.299 Subtotal 522.089.528 520.352.692 521.076.486 521.838.764 S22.625.195 5107.982.665 Total of North & South Annual Allocations 540,522,177 $37,336,035 $38,663,799 $40,062,162 $41,504,832 $198,089,005 Table 2B - Highway 101 HOV Widening & Other Named Projects Five Year Measure A Revenue Estimate
FY 2024/25 to FY 2028/29
Highway 101 HOV Widening & Other Named Projects
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29
511.405.921 510.509.107
510.882.837 511.276.439
TOTAL
$11.682.512 555.756.816

ATTACHMENT B
11/28/2023

a
Jurisdiction
Table 3 - Local Agency Apportionments
Five Year Measure A Revenue Estimate
FY 2024/25 to FY 2028/29
Alternative
Population Population % FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 TOTAL Mode Percentage
Total North County Estimates 236,001 100.000% $16,851,296 $15,526,327 $16,078,482 $16,659,997 $17,259,936 $82,376,037 Buellton 4,944 2.095% $440,450 $412,693 $424,260 $436,442 $449,010 $2,162,854 5% Guadalupe 8,515 3.608% $686,353 $638,547 $658,469 $679,451 $701,097 $3,363,917 5% Lompoc 43,493 18.429% $3,094,978 $2,850,798 $2,952,555 $3,059,724 $3,170,287 $15,128,342 15% Santa Maria 109,477 46.388% $7,638,713 $7,024,081 $7,280,217 $7,549,972 $7,828,275 $37,321,259 15% Solvanp 5,669 2.402% $490,374 $458,547 $471,810 $485,779 $500,190 $2,406,699 15% Co. of Santa Barbara (unincorporated North County) 63,903 27.077% $4,500,428 $4,141,661 $4,291,170 $4,448,629 $4,611,077 $21,992,966 10% Total South Coast Estimates
204,556 100.000% $16,339,827 $15,055,073 $15,590,470 $16,154,334 $16,736,064 $79,875,768 Carpinteria 12,711 6.214% $1,090,492 $1,010,658 $1,043,927 $1,078,965 $1,115,114 $5,339,156 % of Gross Allocation for SC Transit Operations 7.96% $86,803 $80,448 $83,097 $85,886 $88,763 $424,997 Carpinteria $1,003,689 $930,210 $960,831 $993,080 $1,026,351 $4,914,159 10% Goleta 32.442 15.860% $2,628,010 $2,424,252 $2,509,164 $2,598,591 $2,690,852 $12,850,870 "/o of Gross Allocation for SC Transit Operations 13.18% $346,372 $319,516 $330,708 $342,494 $354,654 $1,693,745 Goleta $2,281,638 $2,104,735 $2,178,456 $2,256,097 $2,336,198 $11,157,125 10% Santa Barbara City 85,418 41.758% $6,756,111 $6,219,627 $6,443,197 $6,678,654 $6,921,571 $33,019,160 % of Gross Allocation for SC Transit Operations 26.05% $1,759,967 $1,620,213 $1,678,453 $1,739,789 $1,803,069 $8,601,491 Santa Barbara City $4,996,144 $4,599,414 $4,764,744 $4,938,864 $5,118,502 $24,417,669 10% Co. of Santa Barbara (unincorporated South Coast) 73,985 36.169% $5,865,214 $5,400,536 $5,594,182 $5,798,123 $6,008,527 $28,666,582 % of Gross Allocation for SC Transit Operations 11.12% $652,212 $600,540 $622,073 $644,751 $668,148 $3,187,724 Co. of Santa Barbara (unincorporated South Coast) $5,213,002 $4,799,997 $4,972,109 $5,153,372 $5,340,379 $25,478,858 10% South Coast Transit Operations Program TOTAL
$2,845,354 $2,620,717 $2,714,330 $2,812,921 $2,914,635 $13,907,956 Population estimates reflect California Department of Finance (DOF) figures for January 2023. https://dof.ca.gov/forecasting/demographics/estimates-el/ North/South unincorporated split is based on 2020 US Census, 2020 American Community Survey, 5 year estimates All local jurisdictions receive a $100,000 base allocation Alternative Mode Percentages per the Measure A Investment Plan

ATTACHMENT B
11/28/2023

E:atll
North County
Table 4 - Specialized Transit for Elderly & Disabled
5 -Year Measure A Revenue Estimate
FY 2024/25 to FY 2028/29
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 TOTAL
Population 236,001 100.000000% $111,189 $102,446 5106,090 $109,927 5113,885 $543,537 Ridership' 84,818 100.000000% $111,189 $102,446 5106,090 $109,927 5113,885 $543,537 Lompoc Valley
City of Lompoc Transit (COLT)
Population 60,371 25.580911% $28,443 $26,207 $27,139 $28,120 $29,133 $139,042 Ridership 9,217 10.866797% $12,083 $11,133 $11,529 $11,946 $12,376 $59,065 Lompoc Valley Total $40,526 $37,339 $38,667 $40,066 $41,509 $198,107 Santa Marla Valley
153,474 65.031245% $72,308 $66,622 $68,991 $71,487 $74,061 $353,469 Guadalupe Transit
Population 55,000 55,000 55,000 55,000 55,000 $25,000
Ridership 1,295 1.526799% 51,698 51,564 $1,620 51,678 51,739 $8,299 Guadalupe Total S6,698 $6,564 $6,620 S6,678 S6,739 $33,299 Santa Maria Regional Transit (SMRT)
Population $62,308 $56,622 $58,991 $61,487 564,061 $303,469 Ridership 18,227 21.489542% $23,894 $22,015 $22,798 $23,623 $24,473 $116,804 SMRT Total $86,202 $78,637 $81,790 $85,109 $88,534 $420,272 Santa Maria Organization of Transportation Helpers (SMOOTH) 55,000 55,000 55,000 55,000 55,000 $25,000
Ridership 53,673 63.280200% $70,361 $64,828 $67,134 $69,562 $72,067 $343,951 SMOOTH Total $75,361 $69,828 $72,134 $74,562 $77,067 $368,951 Santa Ynez Valley
Santa Ynez Valley Transit (SYVT)
Population 22,155 9.387844%
Ridership 2.406

2.836662%
$10,438 $9,618 59,960

53.154

52.906

53.009
$10,320

53.118
$10,691 $51,026

53.231 S15,418
Santa Ynez Valley Total
$13,592
$12,524
$12,969
$13,438
$13,922
S66,445

NORTH COUNTY TOTAL
S222,378 $204,893 $212,179 $219,853 S227,770 51,087,074 South Coast
Easy Lift
$296,504
$273,191
5282,906
5293,138
$303,694 $1,449,432

SOUTH COAST TOTAL
$296,504 $273,191 $282,906 $293,138 $303,694 $1,449,432 Notes:
- Population estimates reflect Califomia Department of Finance (DOF) figures for January 2023. - Ridership figures are based on Fiscal Year 22/23 Specialized Transit figures provided by Transit Operators.

ATTACHMENT B
11/28/2023

1= N
a
Local Street & Transportation Improvements
Buellton
Guadalupe
Lompoc
Santa Maria
Solvang
G of Santa Rnrhnrn (Nnrth rnunfvl
Co. of Santa Barbara (South County)
Carpinteria
Goleta
Santa Barbara City
Subtotal
North County
Specialized Transit for Elderly and Disabled
- City of Lompoc Transit (COLT)
- Guadalupe Transit
- Santa Maria Area Transit (SMAT)
- Santa Maria Organization of Transp. Helpers
FY 24/25
Table 5
Five Year Measure A Revenue Estimate
Local & Authority Program of Projects
FY 2024/25 to FY 2028/29
Local Program of Projects
FY 25/26 FY 26127
FY 27/28
FY 28/29
POP Prepared by
$440,450
5686,353
$3,094,978
$7,638,713
$490,374
$4,500,428
$5,213,002
51,003,689
$2,281,638
54,996,144
$30,345,769
FY 24/25
$412,693
$638,547
$2,850,798
$7,024,081
$458,547
$4,141,661 $4,291,170
$4,799,997 $4,972,109
$930,210
$2,104,735
$4,599,414
$424,260
$658,469
$2,952,555
$7,280,217
$471,810
$960,831
$2,178,456
$4,764,744
$27,960,683 $28,954,622
Authority Program of Projects
FY 25/26
FY 26/27
$436,442
$679,451
$3,059,724=
$7,549,972
$485,779
$4,448,629
$5,153,372
$993,080
$2,256,097
54,938,864
$30,001,410
FY 27/28
$449,010
5701, 097
$3,170,287
57,828,275
$500,190
$4,611,077
$5,340,379
51,026,351
$2,336,198
55,118, 502
$31,081,365
FY 28/29
City
City
city
City
City
Cn, inty
County
City
City
City
POP Prepared by
$40,526
$6,698
$86,202
575,361
$13,592
$37,339
$6,564
$78,637
$69,828
$12,524
$38,667
$6,620
$81,790
$72,134
$12,969
$40,066
$6,678
$85,109
$74,562
$13,438
$41,509
56,739
$88,534
577,067
$13,922
Lompoc
Guadalupe
Santa Maria
SMOOTH
- Santa Ynez Valley Transit (SYVT)
Solvang
Safe Routes to School, Bike & Ped Program
Carpool and Vanpool Program
Interregional Transit Program
South Coast
Specialized Transit for Elderly and Disabled
- Easy Lift
South Coast Transit Operations
South Coast Transit Capital
Safe Routes to School Program
Bicycle and Pedestrian Program
Interregional Transit Program
Carpool and Vanpool Program
Commuter/Passenger Rail
Named Projects
Hwy 101 HOV Widening & Other Named Projects
Subtotal
TOTAL
$148.252
$98,835
51,111,889
$296,504
$2,845,354
$1,334,267
S642,425
$642,425
$1,252,728
$345,921
$1,235,432
$11,405,921
$21,582,330
$51,928,098
$136.595
$91,064
$1,024,464
5141,453
$94,302
51,060,897
$273,191 $282,906
$2,620,717 52,714,330
$1,229,357 $1,273,076
$591,913 $612,963
$591,913 $612,963
51,154,230 $1,195,277
$318,722 = 5330,057
51,138,294 $1,178,774
510,509,107 $10,882,837
$19,884,459 $20,592,014
547,845,142 $49,546,636
5146,569
$97,713
51,099,267
$293,138
$2,812,921
$1,319,120
$635,132
$635,132
51,238,507
$341,994
51,221,407
$11,276,439
$21,337,191
551,338,601
5151,847
$101,231
$1,138,852
5303,694
52,914,635
$1,366,623
$658,003
$658,003
$1,283,107
$354,310
$1,265,391
$11,682,512
$22,105,979
$53,187,344
SBCAG
SBCAG Traffic Solutions
SBCAG
Easy Lift
SBMTD
SBMTD
SBCAG
SBCAG
SBCAG
SBCAG Traffic Solutions
SBCAG
SBCAG

ATTACHMENT B
11/28/2023

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, APPROVING THE MEASURE A FIVE-YEAR
LOCAL PROGRAM OF PROJECTS FOR FISCAL YEARS 2024/2025
THROUGH 2028/2029; AND CERTIFYING THAT THE CITY OF SANTA MARIA WILL PROVIDE SUFFICIENT FUNDING IN THE 2024/2025

BUDGET TO MEET THE MEASURE A MAINTENANCE OF EFFORT

REQUIREMENT
WHEREAS, on November 4, 2008, the voters of Santa Barbara County approved Ordinance No. 5, the Road Repair, Traffic Relief, and Transportation Safety Measure, known as Measure A; and
WHEREAS, the City of Santa Maria held a public hearing per Section 18 of the Ordinance; and
WHEREAS, the Ordinance provides that the Santa Barbara County Local Transportation Authority shall annually approve a Program of Projects (POP) submitted by local jurisdictions identifying those transportation projects eligible to use Measure A funds during the succeeding five-year period; and
WHEREAS, the City of Santa Maria was provided with an estimate of annual Measure A local revenues for 2024/2025 through 2028/2029 to develop a local POP.

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

1. The City Council approves the Five -Year POP to be funded in part with Measure A revenues; and

2. The City of Santa Maria certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with Maintenance of Effort requirements contained in Section 27 of the Ordinance; and

3. The City of Santa Maria has complied with all other applicable provisions and requirements of the Ordinance; and

4. 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 19th day of March 2024.

ATTEST:

Mayor
Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

FOR THE COUNCIL MEETING OF MARCH 19, 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: Zoning Text Amendments for Time Extensions and Permit Revocations, Title 12 of the City of Santa Maria Municipal Code Description:

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.

BACKGROUND:

The proposed text Amendments include revisions to Title 12, Chapter 12-35 addressing the Reconsideration of Discretionary permits to clarify the time limits for approved permits, the process for obtaining a time extension for approved permits, and permit revocation.

Planning Commission Review
The Planning Commission reviewed the proposed text amendments at the November 1, 2023, public hearing. The Planning Commission continued the item to a future hearing date and requested that the item be reviewed at a study session prior to the next hearing.

A study session was held on December 7, 2023, where staff clarified the Commissioner's questions. On January 17, 2024, the Planning Commission reviewed the item at a noticed public hearing and recommended approval of the amendments to the City Council.

DISCUSSION:

The proposed amendments to Chapter 12-35, Section 12-35.501 (Reconsideration of Discretionary Permits) will provide a more efficient and streamlined process to establish expiration dates and time extensions for Planned Development Permits and Conditional Use Permits. The amended Section, "Permit Expiration and Time Extensions", clarifies that expiration dates of Planned Development Permits and Conditional Use Permits would be three years from the permit's effective date. Additional language has been added to clarify when these permits would be deemed established, and the process for filing for a time extension. Regarding time extensions, the original decision -maker on the project may grant an extension of up to two years if they find that there has been adequate due diligence to implement and complete the permit, or that there are significant economic factors that justify additional time. There would be no limit to the number of time extensions that may be approved provided that the required findings are made, compared to the existing language that only allows for two extensions of two years each, for a maximum of seven years on the life of a planning permit.

A new section, 12-35.504 "Permit Revocation," is proposed to be added to specify the grounds for revocation of a Planned Development Permit or Conditional Use Permit.

Permits may be revoked if such approval was based on the following: 1) inaccurate or misleading information; 2) one or more of the conditions upon which such approval was granted or extended have been violated; 3) the permit included a specific timeline that has not been complied with or phasing that has not occurred within the time provided, or 4) the permit involved a conditional use that has been abandoned. A public hearing is required by the decision -maker of the permit before any action on revocation. If the revocation of any permit is ordered, the decision -making body may provide a reasonable period of time to amortize any lawful existing uses on the site. The action regarding revocation may be appealed as set forth in Section 12-35.401 of Title 12.

Environmental Review
The Amendments to Chapter 12-35, Article 5, Section 12-35.501 and the addition of Section 12-35.504 have been reviewed for compliance with CEQA, the CEQA guidelines, and the City's environmental procedures, and has been found not to be a project subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guideline Section 15378(b)(5)).

Fiscal Considerations
The property owner/applicant will be responsible for paying the application fee for a time extension, which is currently $2,090 for administrative time extensions, and $6,900 for time extensions that are subject to Planning Commission and City Council review. The 2 remaining text amendments regarding permit revocation establish processes within the Code and would not result in additional fees.

Impact to the Community
The proposed amendments will provide an efficient and streamlined process to establish expiration dates and time extensions for Planned Development Permits and Conditional Use Permits. The amendments will also provide updated regulations and processes for when a permit may be revoked.

ATTACHMENTS
A: Planning Commission Resolution
3 ATTACHMENT A
RESOLUTION NO. 2828

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SANTA MARIA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL THE ADOPTION OF AMENDMENTS TO TITLE 12,
CHAPTER 12-35, ARTICLE 5, SECTION 12-35.501, OF THE SANTA

MARIA MUNICIPAL CODE, REPLACING RECONSIDERATION OF

DISCRETIONARY PERMITS WITH PERMIT EXPIRATION AND TIME
EXTENSIONS AND ADDING A NEW SECTION 12-35.504 REGARDING

PERMIT REVOCATION
WHEREAS, the City's Zoning Ordinance classifies and regulates the uses of land, buildings, and structures within the City in accordance with the City's General Plan; and WHEREAS, the provisions of the City's Zoning Ordinance are necessary to ensure orderly and beneficial development of the City and;
WHEREAS, the City wishes to replace Section 12-35.501 entitled "Reconsideration of Discretionary Permits" with a more efficient and streamlined process establishing permit expirations and time extensions; and WHEREAS, the City wishes to add Section 12-35.504, setting forth a revised procedure for the revocation of discretionary permits; and WHEREAS, the proposed Amendments are consistent with the City of Santa Maria General Plan; and
WHEREAS, on November 1, 2023, the Planning Commission conducted a noticed public hearing and voted to continue the item to a future public hearing with direction to staff to conduct a study session with the Planning Commission prior to the next hearing; and
WHEREAS, on December 7, 2023, the Planning Commission conducted a study session on the proposed amendments; and
WHEREAS, on January 17, 2024, the Planning Commission conducted a noticed public hearing and voted to recommend that the City Council adopt the subject amendments; and
WHEREAS, at the public hearing, the Planning Commission heard and considered all evidence, including evidence presented in the staff report and all written and oral testimony; and
WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and

WHEREAS, the amendments to Chapter 12-35, Article 5, Section 12-35.501 have been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City's environmental procedures, and has been found not to be a project subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guideline Section 15378(b)(5)).

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Santa Maria, that:

Section 1. The above recitals are true and correct and incorporated herein by reference.

Section 2. That the Planning Commission recommends that the City Council amend Title 12, Chapter 12-35 as shown on Exhibit 1 attached hereto and incorporated by reference.

PASSED AND ADOPTED al a regular meeling of the Planning Commission of the City of Santa Maria, held January 17, 2024, by the following roll call vote:

AYES: Commissioners Yasameen Mohajer, Robert Dickerson, Esau Blanco, Tom Lopez and Chair Tim Seifert
NOES: None
ABSENT: None
ABSTAINED:: None

TIM SEIFERT, CHAIR
Planning Commission
ATTEST:

DANA EADY, SECRETARY
Planning Commission
Exhibits:

1. Ordinance — Chapter 12-35

ORDINANCE NO. 20 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AMENDING TITLE 12, CHAPTER 12-35, ARTICLE 5, SECTION 12-35.501 OF THE SANTA MARIA MUNICIPAL CODE, REPLACING

RECONSIDERATION OF DISCRETIONARY PERMITS WITH PERMIT EXPIRATION AND TIME EXTENSIONS AND ADDING A NEW SECTION 12-35.504 REGARDING

PERMIT REVOCATION
WHEREAS, the City's Zoning Ordinance classifies and regulates the uses of land, buildings and structures within the City in accordance with the City's General Plan; and WHEREAS, the provisions of the City's Zoning Ordinance are necessary to ensure orderly and beneficial development of the City; and
WHEREAS, the City wishes to replace Section 12-35.501 entitled "Reconsideration of Discretionary Permits" with a more efficient and streamlined process establishing permit expirations and time extensions; and WHEREAS, the City wishes to add Section 12-35.504, setting forth a revised procedure for the revocation of discretionary permits; and WHEREAS, the proposed Amendments are consistent with the City of Santa Maria General Plan; and
WHEREAS, on November 1, 2023, the Planning Commission conducted a noticed public hearing and voted to continue the item to a future public hearing with direction to staff to conduct a study session with the Planning Commission prior to the next hearing; and
WHEREAS, on December 7, 2023, the Planning Commission conducted a study session on the proposed amendments; and
WHEREAS, on January 17, 2024, the Planning Commission conducted a noticed public hearing and voted to recommend that the City Council adopt the subject Amendments; and
WHEREAS, on March 19, 2024, the City Council conducted a noticed public hearing.

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

SECTION 1. Section 12-35.501, of Article 5, of Chapter 12-35 of Title 12 of the Santa Maria Municipal Code entitled "Reconsideration of Discretionary Permits," is hereby amended to read as follows:

"Section 12-35.501. Permit Expiration and Time Extensions. (a) Period of Validity. The period of validity for a Conditional Use Permit or a Planned Development Permit shall begin on the permit's effective date as set forth in Section 12-

35.109. The period of validity shall run pursuant to subsection (c) of this section. The expiration date of a discretionary permit issued in conjunction with a tentative subdivision map shall correspond with the expiration of that map, including any extensions. (b) Establishment. A conditional use permit or planned development permit shall be deemed established if the following actions occur within three years of the effective date of the approval or within such other time period designated by the approval:
(1) In the case of a conditional use permit or planned development permit where ministerial permits are required, such permits have been issued. (2) In the case of a conditional use permit or planned development permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a business license is required, such business license has been issued.
(c) Expiration. A conditional use permit or planned development permit shall expire and be of no further force or effect if:
(1) The permit is not established within three years of the permit's effective date or such other time period designated by the permit approval, by state law or by this code; or
(2) After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six months.
(d) Time Extensions.
(1) Upon application before expiration of the period of validity, the original decision - making body may grant an extension to the period of validity for up to two years if it finds that there has been adequate due diligence to implement and complete the permit, or that there are significant economic factors that justify additional time. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making body.
(2) Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted."
2 SECTION 2. A new Section 12-35.504 is hereby added to Article 5, of Chapter 12-35 of Title 12 of the Santa Maria Municipal Code entitled "Permit Revocation," to read as follows:
"Section 12-35.504. Permit Revocation.
(a) Grounds for Revocation. Any conditional use permit or planned development permit may be revoked by the decision -making body that originally took action on the permit pursuant to the provisions of this section on any of the following grounds:
(1) Such approval was based on inaccurate or misleading information. (2) One or more of the conditions upon which such approval was granted or extended have been violated.
(3) The permit included a specific timeline that has not been complied with, or provided for phasing that has not occurred within the time provided for such phasing.
(4) The permit involves a conditional use that has been abandoned. (b) Procedure. Prior to any action on revocation, the decision -making body shall hold a public hearing noticed and held in accordance with Section 12-35.104, except that the permittee shall be given not less than thirty days' notice. The notice shall state the causes for which the revocation is to be considered.
(c) Action of Decision -Making Body. Following the hearing, the decision -making body may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit and any other additional conditions of approval necessary to preserve the public health, safety or welfare. (d) Amortization. If a revocation of any permit is ordered, the decision -making body may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on a later application to the decision -making body by any affected person. (e) Appeal. Any action by the decision making body pursuant to this section may be appealed as set forth in Section 12-35.401."
SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City's environmental procedures, and has been found not to be a project subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guideline Section 15378(b)(5)).

SECTION 4. If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable.
3 SECTION 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.

SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its passage. Within fifteen days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.

INTRODUCED at a regular meeting of the City Council held on the 19th day of March 2024, and PASSED AND ADOPTED at a regular meeting held on the day of 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Mayor
ATTEST:

Chief Deputy City Clerk
4 APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager
5 FOR THE COUNCIL MEETING OF MARCH 19, 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: Zoning Text Amendments for Accessory Dwelling Units, Title 12 of the City of Santa Maria Municipal Code
Description:

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.

BACKGROUND:

On October 9, 2019, Governor Newsom signed three bills (AB 68, AB 881, and SB 13, codified in Government Code Sections 65852.2 and 65852.22) into law to further streamline the permitting process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) located in residential zones. These bills became effective on January 1, 2020. To comply with the updated State law requirements, staff completed Zoning Text Amendments to Chapter 12-56 of Title 12 (Accessory Dwelling Units) and the amendments went into effect on June 17, 2021. Chapter 12-56 was most recently updated on July 7, 2022, to clarify that except as provided in Government Code Section 65852.26, ADUs shall not be sold separately from the primary dwelling unit.

On September 28, 2022, Assembly Bill (AB) 2221 and Senate Bill (SB) 897 amended Government Code Sections 65852.2 and 65852.22 for ADUs and JADUs. These bills became effective on January 1, 2023, at which time certain provisions of the City's Municipal Code, Chapter 12-56, for permitting ADUs and JADUs became inconsistent with State law. The new legislation permits certain types of ADUs to have increased height allowances, allows greater flexibility in the number of ADUs and their placement on the

property, and streamlines the process of obtaining an ADU permit with a 60 -day turnaround timeline. The proposed Amendments include revisions to address the current legislation and serve to reorganize and refine Chapter 12-56 for permitting ADUs and JADUs.

Planning Commission Review
The Planning Commission reviewed the proposed text amendments at the November 1, 2023, public hearing. At this hearing, the Commissioners had questions regarding height limits for detached ADUs, front yard setbacks, and proposed development standards regarding landscaping and income reporting. The Planning Commission continued the item to a future hearing date and requested that the item be reviewed at a study session before the next hearing. A study session was held on December 7, 2023, where staff clarified the Commissioner's questions regarding height limitations and front yard setback requirements. The Planning Commission reviewed the item at the January 17, 2024, public hearing, and recommended approval of the subject text amendments to the City Council.

DISCUSSION:

The proposed amendments to Chapter 12-56 follow State legislation for the development of ADUs and JADUs on residentially zoned lots in the City of Santa Maria. The following provides a detailed discussion of the proposed amendments.

ADU Building Height
Detached ADUs located on a lot with an existing single-family dwelling currently may not exceed the height that is permitted in the applicable zone district (for example, 25 feet in the R-1 zone). Under the current State legislation, jurisdictions may adopt a lower height limit, if it is no lower than 16 feet. Therefore, staff is recommending that the proposed ordinance be amended to limit the maximum building height for detached ADUs in single- family residential zones to be 18 feet. Attached ADUs may continue to be up to 25 feet in height and may not exceed two stories.

ADU Building Size
Detached ADUs on single-family lots currently may not exceed 1,200 -square -feet in size.

The proposed amendments would lower the allowable size of detached ADUs to 850 - square -feet for a studio or one bedroom, and 1,000 -square -feet for an ADU with two or more bedrooms. Attached ADUs would be limited to 50 percent of the floor area of the primary residence.

Front Yard Setbacks
The current State legislation permits new construction attached and detached ADUs to encroach into the front yard setback of the underlying zone district if complying with the setback prevents the construction of an ADU that is at least 800 -square -feet in size. The proposed ordinance includes a provision that ADUs proposed to be located within the front yard setback area be limited to 800 -square -feet in size. ADUs located within the front yard setback area must comply with all building codes and site distance requirements for safety.
2 ADUs and JADUs permitted under Government Code Section 65852.2(e)(1) This subdivision of State law requires the ministerial approval of ADUs within residential zones. These types of ADUs are not subject to other specified areas of State ADU law such as zoning and development standards (ex. lot coverage, setbacks, heights, and unit sizes). ADUs under this section must meet the building code and health and safety requirements. The City's ordinance has been updated to be consistent with this subdivision and includes the following four categories:

1. One ADU and one JADU are permitted per lot within the existing space of a single- family dwelling or accessory structure.

2. One detached new construction ADU that does not exceed four -foot side and rear yard setbacks. May be combined on the same lot with a JADU if the ADU does not exceed 800 square feet and 16 feet in height.

3. Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures.

4. Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and four -foot rear and side yard setbacks.

Time Limits for Permit Approval
The current State legislation requires that jurisdictions approve or deny ADUs and JADUs within 60 days of a complete application. If the complete application has not been approved or denied within 60 days, the application shall be deemed approved. If an application for an ADU or JADU is denied, the City shall provide within 60 days a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can be remedied. If an ADU or JADU is submitted along with a new single-family or multi -family dwelling, the City may delay approving the ADU or JADU until the single-family or multi -family dwelling is approved.

Objective Design Standards
The ordinance amendments include the addition of new objective design standards applicable to ADUs that do not comply with Subdivision (e)(1) above. The types of ADUs subject to these standards would typically exceed 800 -square -feet and would be new - construction ADUs. The proposed objective design standards address architectural style and roof pitch, private open space, lot coverage, privacy to neighboring properties, lighting, and access. These standards will assist in ensuring that proposed ADUs are compatible with the existing primary dwelling and character of the neighborhood.

Alternative(s)
As an alternative to approving the recommended zoning text amendments, the City Council could reject the Planning Commission's recommendations and not move forward with the recommended amendments. In that case, the provisions of the State legislation would continue to apply to the City's review and permitting of ADUs and JADUs. Staff recommends that if the City Council does not approve the proposed zoning text amendments, staff be directed to prepare an ordinance repealing Municipal Code Title 12 3 Chapter 12-56, as this Chapter would be superseded by the State law and no longer applicable to permitting ADUs and JADUs in the City of Santa Maria.

Environmental Review
Under California Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is California's ADU law, and which also regulates JADUs, as defined by Section 65852.22.

Therefore, the Ordinance is statutorily exempt from CEQA in that the Ordinance implements the State's ADU law.

Fiscal Considerations
The proposed amendments will permit ADUs on residentially zoned lots within the city.

The construction of new attached and detached ADUs will generate some additional property taxes for the City, however, the inability to collect development impact fees for ADUs less than 750 square feet, as required by state statute, hinders the City's ability to collect sufficient funds to provide public services for the additional residents.

Impact to the Community
The amended regulations will result in properly regulated ADUs and JADUs consistent with State law requirements and will allow the City of Santa Maria to continue to provide a wider range of housing options for families and individuals of various income levels. The increased density resulting from the construction of new ADUs and JADUs will result in an increase in the use of existing City utility infrastructure. Additional State exemptions to the parking requirements could result in impacts to available street parking in some neighborhoods. However, the amended Ordinance meets the minimum State law requirements for the number of ADUs and JADUs permitted on residentially zoned lots.

When properly permitted, these units will not pose a threat of a public nuisance or have an adverse impact on public safety, health, or welfare.

ATTACHMENTS
A: Planning Commission Resolution
4 RESOLUTION NO. 2827

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SANTA MARIA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL THE ADOPTION OF AMENDMENTS TO TITLE 12,
CHAPTER 12-56 OF THE SANTA MARIA MUNICIPAL CODE

GOVERNING ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS
WHEREAS, the City's Zoning Ordinance classifies and regulates the uses of land, buildings, and structures within the City in accordance with the City's General Plan; and WHEREAS, the provisions of the City's Zoning Ordinance are necessary to ensure orderly and beneficial development of the City and;
WHEREAS, State law authorizes cities to act by ordinance to provide for the creation and regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs in order to comply with California Government Code Section 65852.2 and 65852.22; and
WHEREAS, the proposed Amendments are consistent with the City of Santa Maria General Plan; and
WHEREAS, on November 1, 2023, the Planning Commission conducted a noticed public hearing and continued the item to a future hearing date with direction to staff to conduct a study session on the item prior to the next hearing; and WHEREAS, on December 7, 2023, the Planning Commission conducted a study session on the item; and
WHEREAS, on January 17, 2024, the Planning Commission conducted a noticed public hearing and voted to recommend that the City Council adopt the subject amendments; and
WHEREAS, at the public hearing, the Planning Commission heard and considered all evidence, including evidence presented in the staff report and all written and oral testimony; and

WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, Under California Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by Section 65852.22. Therefore, the Ordinance is statutorily exempt from CEQA in that the Ordinance implements the State's ADU law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of C�nt� �A�rio thcit-
Section 1. The above recitals are true and correct and incorporated herein by this reference.

Section 2. That the Planning Commission recommends that the City Council amend Title 12, Chapter 12-56 as shown on Exhibit 1 attached hereto and incorporated by reference.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Santa Maria, held January 17, 2024, by the foliowing roll call vote:

AYES: Commissioners Esau Blanco, Yasameen Mohajer, Tom Lopez and Chair Tim Seifert
NOES: None
ABSENT: None
ABSTAINED: Commissioner Robert Dickerson

TIM SEIER CHAIR
Planning Commission
ATTEST:

DANA EADY, SECRETARY
Planning Commission
Exhibits.

1. Ordinance — Chapter 12-56

ORDINANCE NO. 2024 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MARIA, CALIFORNIA, AMENDING TITLE 12, CHAPTER 12-56 OF THE

SANTA MARIA MUNICIPAL CODE GOVERNING ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, State law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs in order to comply with California Government Code Sections 65852.2 and 65852.22; and
WHEREAS, on November 1, 2023, the Planning Commission conducted a noticed public hearing and continued the item to a future hearing date with direction to staff to conduct a study session on the item prior to the next hearing; and WHEREAS, on December 7, 2023, the Planning Commission conducted a study session on the item; and
WHEREAS, on January 17, 2024, the Planning Commission conducted a noticed public hearing and voted to recommend that the City Council adopt the ADU ordinance; and
WHEREAS, on March 19, 2024, the City Council conducted a noticed public hearing.

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

SECTION 1. Chapter 12-56 of Title 12 of the Santa Maria Municipal Code is hereby deleted in its entirety and a new Chapter 12-56 is adopted to read as follows:
"CHAPTER 12-56 ACCESSORY DWELLING UNITS
Section 12-56.01. Purpose.

The purpose of this Chapter is to allow and regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22. The intent is to encourage the orderly development of ADUs and JADUs that contribute needed housing.

Section 12-56.02. Effect of Conforming.

An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the City's General Plan land use designation and zone district for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable dwelling unit density for the lot on which the ADU or JADU is located.

3. Considered in the application of any City ordinance, policy, or program to limit residential growth.

4. Required to correct a Nonconforming Zoning Condition, as defined below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

Section 12-56.03. Definitions.

1. Accessory Dwelling Unit (ADU). An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single-family or multi -family dwelling is or will be situated. An Accessory Dwelling Unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

2. Accessory Structure. A structure that is accessory and incidental to a dwelling located on the same lot.

3. Efficiency Kitchen. A kitchen that includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

4. Existing Structure. For the purposes of defining an allowable space that can be converted to an accessory dwelling unit, within the proposed space of an existing structure means within the four walls and roofline of any existing structure that can be made safely habitable under local building codes at the determination of the building official regardless of any non-compliance with zoning standards.

5. Junior Accessory Dwelling Unit (JADU). A residential unit that:
a. Is no more than 500 -square -feet in size;
b. Is contained entirely within a single-family residence or attached garage; 2 c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family dwelling in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
d. Includes an efficiency kitchen as defined below.

6. Living Area. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. Multi -Family Dwelling. Any structure designed for human habitation that has been divided into two or more legally created independent living quarters.

8. Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

9. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

10. Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Section 12-56.04. Approval Requirements.

1. Approval of ADUs and JADUs in conformance with Government Code Section 65852.2(e)(1). The Community Development Director shall ministerially approve an application for an ADU or JADU that complies with each of the general requirements in Section 12-56.05(A) with a building permit for any of the following:
a. Converted on a single-family dwelling lot.
i. One ADU on a lot with a proposed or existing single-family dwelling on it, where the ADU:

1. Is either:
a. Within the space of a proposed single-family dwelling; or
b. Within the space of an existing single-family dwelling; or
c. Within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion
is limited to accommodating ingress and egress; and
3 2. Has exterior access that is independent of that for the proposed or existing single-family dwelling; and

3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
i i . One JADU within the space of an existing or proposed single-family dwelling or attached garage in compliance with the requirements of Government Code Section 65852.22.

1. When a garage is converted to a JADU, onsite replacement parking shall be provided in conformance with Chapter -- -.

Covered parking is not required.
b. Limited detached on a single-family dwelling lot. One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Section 12-56.04.1.a above), if the detached ADU satisfies the following limitations:
i. The side and rear setbacks are at least four feet.
ii. The floor area is a maximum of 800 -square -feet.
iii . The height does not exceed the applicable height limit in subsection 12-56.05(A)(2), below.
c. Converted on multi -family dwelling lot.
i. Multiple ADUs within portions of existing multi -family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings.
i i . At least one converted ADU is allowed within an existing multi -family dwelling, and up to 25 percent of the existing multi -family dwelling units may each have a converted ADU under this subsection. d. Limited detached on multi -family dwelling lot. No more than two detached ADUs on a lot that has an existing or proposed multi -family dwelling if each detached ADU satisfies the following limitations:
i. The side and rear yard setbacks are at least four feet. If the existing multi -family dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the existing multi- family dwelling as a condition of approving the ADU.
i i . The height does not exceed the applicable height limit in subsection 12-56.05.(A)(2), below.
4 2. Approval of ADUs not in conformance with Government Code Section 65852.2(e)(1). Except as allowed under subsection 12-56.04.1 above, one attached or one detached ADU shall be allowed for each lot with a single-family dwelling or in connection with a proposed single-family dwelling for a vacant lot.

No ADU may be constructed or legalized without obtaining a building permit in compliance with the development standards contained in Section 12-56.05, below.

Section 12-56.05. Development Standards for ADUs and JADUs.

A. The following requirements apply to all ADUs and JADUs that are approved under Sections 12-56.04.1 and 12-56.04.2, above:

1. Zoning. ADUs may be permitted on lots in a residential or mixed -use zoning district with an existing legal single-family or multi -family dwelling, or in connection with a proposed single-family or multi -family dwelling for a vacant lot. JADUs are only permitted on lots that are zoned for single-family residential (R-1 & RSL-1) with an existing or proposed single-family dwelling.

2. Height.
a. A detached ADU created on a lot with an existing or proposed single-family dwelling unit may not exceed 18 -feet in height. The ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. A detached ADU created on a single-family lot that also contains a permitted JADU may not exceed 16 -feet in height. b. A detached ADU created on a lot that has an existing or proposed multi- family dwelling unit may not exceed 16 -feet in height. The height limit may be increased to 18 -feet in height if the existing or proposed multi -family dwelling unit has more than one story above grade or is located within one- half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. The ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. An ADU that is attached to the primary dwelling may not exceed 25 -feet in height or the height limitation imposed by the underlying zone district that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection may not exceed two stories. d. For purposes of this section, height is the vertical distance between the existing legal grade and the uppermost point of the roof of the structure directly above that legal grade.

3. Minimum Size. The minimum floor area of an ADU is 150 -square -feet for a standard unit. An "efficiency unit" ADU, in accordance with California Health and Safety Code Section 17958.1, may be a minimum of 150 -square -feet. 5 4. Owner Occupancy. For all JADUs, either the primary dwelling unit or the newly created JADU shall be owner -occupied as a primary dwelling unit and permanent residence by the property owner(s). Owner -occupancy shall not be required if the owner is another government agency, land trust, or housing organization. a. If the Zoning Administrator determines that neither of the units is occupied by the property owner, the approval of the JADU shall terminate immediately and the unit shall not be rented, leased, or occupied as a separate dwelling.
b. For the purposes of this Chapter, the property owner is the majority owner of the property as shown in the most recent Santa Barbara County assessor's roll. If there is more than one property owner on record, the owner with the majority interest in the property shall be deemed the property owner. Any property owner of record holding an equal share interest in the property may be deemed the majority property owner.
c. Covenant Agreement. A covenant agreement is required prior to the issuance of a building permit. The covenant agreement shall state that:
i. The JADU shall not be sold separately.
ii. The JADU is restricted to the approved size;
iii. The property owner is required to reside in the primary dwelling unit or the JADU;
iv. The use of the JADU shall be in effect only so long as the property is in compliance with the provisions of this Chapter; v. The above declarations are binding upon any successor in ownership of the property, lack of compliance shall be cause for code enforcement;
vi. The covenant agreement shall terminate upon removal of the JADU;
vii. The covenant agreement shall be recorded with the County Recorder of the County of Santa Barbara at the expense of the property owner.

5. No separate conveyance. Except as provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family dwelling lot) or from the lot and all of the dwellings (in the case of a multi -family dwelling lot). All restrictive covenants, and other contractual agreements with the City apply to the property.

6. Rental of Unit. Rental of the ADU or JADU is allowed for not less than 30 -days.

7. Building Codes. Local building code requirements apply to ADUs and JADUs, as appropriate.
6 8. Passageway. No passageway shall be required in conjunction with the construction of an ADU.

9. Fire Sprinklers. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the primary dwelling.

10. Utility Meters. ADUs and JADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges, including water and sewer service. ADUs and JADUs contained within an existing residence or an existing accessory structure are not required to install new or separate utility connections or pay a related connection fee or capacity charge. For new attached and detached ADUs, the connection fee and/or capacity charge must be proportionate to the burden of the unit on the water or sewer system based on either its square feet or the number of its drainage fixture unit (DFU) values, as defined by the Plumbing Code.

11. Development Impact Fees.
a. No development impact fees are required for an ADU that is less than 750 - square -feet in floor area. For purposes of this subsection, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
b. Any development impact fee that is required for an ADU that is 750 -square - feet or larger in floor area must be charged proportionately in relation to the square footage of the primary dwelling unit. "Development impact fee" here does not include any connection fee or capacity charge for water or sewer service. The amount of the required fee shall be determined by adopted fee Resolutions and ordinances and applicable law in effect when paid.

B. The following requirements apply to all ADUs and JADUs that are approved under Section 12-56.04.2, above:

1. Maximum Size.
a. The maximum size of an ADU is as follows:
i. 850 -square -feet for a studio or one -bedroom ADU.
ii. 1,000 -square -feet for an ADU with two or more bedrooms. b. An attached ADU that is created on a lot with an existing or proposed primary dwelling is further limited to 50 percent of the floor area of the existing or proposed primary dwelling.
c. Application of other development standards in this Section, such as lot coverage (as applicable), might further limit the size of the ADU, but no 7 application of the percent -based size limit above or of a front setback, lot coverage limit, or open space requirement (as applicable) may require the ADU to be less than 800 square feet.

2. Lot Coverage. No ADU may exceed 10 percent of the total lot area of the subject lot, subject to subsection B.1.c above.

3. Setbacks. ADUs subject to this subsection must observe the following setback requirements:
a. Side setback: Four feet
b. Rear setback: Four feet
c. Front Setback: The ADU shall be constructed in accordance with the setback of the underlying zone district, subject to Section B.1.c above. d. No setback is required for an ADU subject to this subsection if the ADU is constructed in the same location and to the same dimensions as an existing structure.

4. Building Separation. The minimum separation between the primary dwelling unit and a detached ADU must be at least five feet for new construction.

5. Parking.
a. Parking for ADUs shall be provided at a rate of one parking space per ADU or per bedroom, whichever is less. These spaces shall be provided in conformance with Section 12-32.12, except that tandem parking is allowed for ADUs as stated in Government Code section 65852.2 unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon the specific site or regional topographical or fire and life safety conditions.
b. Parking requirements for an ADU are in addition to the required parking for the primary dwelling unit.
c. Parking is not required in any of the following instances:
i. The ADU is located within 1/2 mile walking distance of public transit.
ii. The ADU is located within an architecturally and historically significant district;
iii. The ADU is part of the proposed or existing primary residence or an accessory structure;
iv. When on -street parking permits are required but not offered to the occupant of the ADU;
v. When a car share vehicle is located within one block of the ADU. 8 6. Objective Design Standards.
a. The materials and colors of the exterior walls, roof, windows, and doors must match the appearance of those of the primary dwelling. Samples of existing and proposed colors, materials, roofing, and features must be provided as part of a complete ADU application.
b. The roof pitch must match that of the dominant roof pitch of the primary dwelling. The dominant roof pitch is the pitch shared by the largest portion of the roof. Roof pitch and roof materials for a newly constructed ADU may be different from that of the primary dwelling on the lot only if accommodating installation of solar energy systems at the same time as construction of the ADU.
c. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. Samples of proposed vegetative screening and planting locations must be provided as part of a complete ADU application. Exceptions to this design standard apply only to conversion of legally permitted structures that do not include installation of new exterior windows facing an adjacent property line or when only clerestory windows are used and do not provide views into neighboring lots.
d. Two-story detached ADUs shall limit the major access to stairs, decks, entry doors, and windows to the interior of the lot or an alley and comply with all development standards. Only one (1) curb cut shall be permitted per parcel and no additional driveways or access points shall be created to accommodate the ADU or main dwelling unit.
e. Exterior lighting shall be directed downward, fully shielded, and full cutoff or as otherwise required by the building or fire code.
f. Private Open Space. The main dwelling unit and the additional dwelling unit shall each be provided with a minimum of fifteen (15) feet by fifteen (15) feet of usable private open yard area, subject to subsection B.1.c above.

7. Historical Protections. An ADU that is on real property that is listed in the California Register of Historic Resources may not alter the exterior of any structure that is designated as a historic resource or, if the entire lot is designated as a historic resource, it may not alter the exterior of any structure on the lot.

Section 12-56.06. Permit process and timing.

1. ADUs and JADUs shall be permitted ministerially, without discretionary review or a hearing. The Community Development Director shall issue a building permit to establish an ADU and/or JADU in compliance with this Chapter if all applicable requirements in this Chapter are met, as appropriate.
9 2. The City must approve or deny an application to create an ADU or JADU within 60 -days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay; or
b. If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. Final building permit inspection for the single-family dwelling shall be approved prior to final building permit inspection approval for the ADU or JADU.

3. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60 -day time period established by subsection (2) above.

Section 12-56.07. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the State ADU law (Government Code Section 65852.2, 65852.22) or this section.
c. Exceptions:
i. Notwithstanding subsection 2 above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
10 i i . Subsection 2 above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3."
SECTION 2. Under California Public Resources Code Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by Section 65852.22. Therefore, the Ordinance is statutorily exempt from CEQA in that the Ordinance implements the State's ADU law.

SECTION 3. If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable.

SECTION 4. 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.

SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. Within fifteen days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.
11 INTRODUCED at a regular meeting of the City Council held on the 19th day of March 2024, and PASSED AND ADOPTED at a regular meeting held on the day of 20 , by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Mayor
ATTEST:

Assistant City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager
12 FOR THE COUNCIL MEETING OF MARCH 19, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
SUBJECT: Adoption of a Resolution Approving the Proposed Fiscal Year 2024- 2026 Citywide Priorities Workshop and Minutes
DESCRIPTION:

The City Council will consider adopting City Council priorities for Fiscal Years 2024-2026 and approving Minutes from the February 19, 2024, Goal -Setting Workshop.

RECOMMENDATION:

Adopt a Resolution confirming City Council priorities for Fiscal Years 2024-2026 and approving Minutes from the February 19, 2024, Goal -Setting Workshop.

BACKGROUND:

In years past, prior to staff compiling the City's Biennial Budget, staff has routinely assisted the City Council in developing a list of overall Citywide priorities and/or goals to be addressed during the next two-year period. Staff, once again, engaged the services of an outside facilitator (Jan Perkins from Raftelis) to assist the City Council in the biennial process.

DISCUSSION:

On February 19, 2024, Ms. Perkins assisted the City Council in formulating priorities for the next two years in anticipation of the upcoming budget cycle. The sessions addressed sharing visions for the future, reviewing accomplishments and priorities, ways to strengthen teamwork, City Council norms, appropriate roles and responsibilities of both City Council and City staff, and establishing City goals and priorities for staff to work on during the upcoming two-year budget period.

The consultant interviewed members of the City Council and staff and identified four broad goals for discussion at the workshop. These broad goals include: long-term financial sustainability, community quality of life, planning and infrastructure, and organizational well-being. The City Council affirmed these goals overarching "umbrellas" under which the departments can tie their goals and work plans to.

This year the City Council again identified an over -arching principle of priorities as follows:
onsensus on Prioritie
•
New approach to economic development
•
Provide youth opportunities
•
Provide public safety resources
•
Establish a staffing plan
Exhibit A of the Resolution is an overview of the February 19, 2024, City Council Workshop proceedings, as provided by Raftelis, and staff recommends that the City Council consider accepting the Report as the Minutes for the February 19th Workshop. 2 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, CONFIRMING CITY COUNCIL PRIORITIES FOR FISCAL YEARS 2024-2026 AND APPROVING MINUTES FOR THE
FEBRUARY 19, 2024, GOAL -SETTING WORKSHOP
WHEREAS, in years past, prior to staff compiling the City's Biennial Budget, staff has routinely assisted the City Council in developing a list of overall Citywide priorities and/or goals to be addressed during the next two-year period; and WHEREAS, this year, the City again engaged the services of an outside facilitator (Jan Perkins from Raftelis) to assist the City Council in a goal -setting workshop on February 19, 2024; and
WHEREAS, the session addressed sharing visions for the future, reviewing accomplishments and priorities, ways to strengthen teamwork, City Council norms, appropriate roles and responsibilities of both City Council and City staff, and establishing City goals and priorities; and
WHEREAS, the workshop was very productive with the City Council identifying four priorities they would like staff to address during the next two-year period.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, consensus is confirmed of the Citywide priorities for Fiscal Years 2024-26 as reflected in the Raftelis Report, and said Report is hereby adopted as the minutes of the February 19, 2024, workshop (Exhibit "A").

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held on this 19th day of March 2024.

Mayor
ATTEST:

APPROVED AS TO FORM:

Chief Deputy City Clerk
City Attorney
EXHIBIT A — Workshop Report/Minutes
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

City of Santa
Maria, CA
City Council Retreat Report
Held February 19, 2024

RAFTELIS
Exhibit A

City of Santa Maria
City Council Retreat

Page 1 ends

The City of Santa Maria, California, held a City Council Retreat on February 19, 2024. The retreat was planned and facilitated by Raftelis. The focus of the retreat was on establishing broad goals and two-year priorities, as well as strengthening teamwork among the Council and with the senior staff.

Participant
The following members of City Council and the City's Leadership team participated in the workshop:

Alica Patino, Mayor
Carlos Escobedo, Council member
Mike Cordero, Council member
Gloria Soto, Council member
Maribel Aguilera-Hernandez, Council member
Alex Posada, Interim City Manager
Chuen Wu, Interim Assistant City
Manager/Director of Community Development
Department
Thomas Watson, City Attorney
Jeff Marecic, Chief Information Officer
Dawn Jackson, Interim Chief Human Resources Officer/Library Director Xenia Bradford, Interim Director of Finance Department
Marc Schneider, Chief of Police
Brett Fulgoni, Director of Public Works Department
Angela Oslund, Interim Director of Recreation and Parks Shad Springer, Director of Utilities Department
Bradley Dandridge, Fire Chief
Facilitators: Jan Perkins and Julie Gieseke of Raftelis Workshop Objectives
• Hear and understand Council's interests and staff perspectives • Share visions for Santa Maria's future
• Achieve consensus on broad multi -year goals and three or four two-year priorities • Strengthen teamwork with Council and staff
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City of Santa Maria
City Council Retreat

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Workshop Agenda
• Icebreaker
• Share visions for the future
• Review accomplishments and challenges
• Discuss and establish goals and priorities
• Discuss ways to strengthen teamwork
• Wrap-up
Opening Remarks and
Icebreaker
Mayor Alice Patino opened the workshop by welcoming staff and Council. Interim City Manager Alex Posada also provided opening comments to the group. An opportunity for public comment was provided.

The session then began with an icebreaker activity for participants. Staff were asked to line up according to where they grew up in relation to Santa Maria. The image below captures the locations around the world where staff and Council grew up.

WHERE DID
`ioo 6RoW UP''

SANTA MARIA
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City Council Retreat

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Visions for the Future
The Council and senior staff were asked to share up to two responses for each of the following questions:

What is true about Santa Maria today that you hope will still be true in 10 years? What is not true about Santa Maria today that you hope will be true in 10 years? Each individual was asked to write their responses to each question. All responses are captured in the following table.

True Today —
Hope It Will Still Be True in 10 Years
Not True Today —
Hope It Will Be True in 10 Years
Small-town flavor
An eye on the future and what could be
Traditions are important
Military economy component
Agriculture economy component
Agriculture influence
Regional influence
Values
We hire locally and this creates a community
connected workforce
Desirable place to live
Continues good economy
Financially stable
Growth
Fast-growing population, development, and services
Community atmosphere
Close-knit community (x2)
Cohesive Council
Sense of community (x4)
Community/family oriented
Community participation
Family town
Collaborative businesses
Pro -growth
Family -friendly community
Good service to residents
Sense of community and neighborly spirit
Business focused
Wanting to grow effectively
Family -friendly
Growing pains
Safey
Land of opportunity
PCI of 80
Have a wonderful downtown
Preferred destination location of Central Coast
Revitalized downtown with restaurants, plazas, and
other cultural amenities
Safety
Family -friendly
Sense of community
Grown well
Firm economy
Desirable place to live
City financially able to sustain services
More community involvement
Open lands
High income per capita
High paying head of household jobs in tech/robotics
Youth and families are thriving with improved access to affordable housing, better higher education, outcomes,
and more widespread availability of living wages
Diversified economy
Good economy
Economically sustainable
Increased standing for professional/executive jobs in the region
Unified vision
City government center where all staff can be together
Housing to accommodate the population
Grow
Housing and business growth
Sustainable city finances
Annexations of property on east side of 101
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City of Santa Maria
City Council Retreat

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Themes from the Hopes for the Future
The themes from these "hopes" are displayed visually in the following image.

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City of Santa Maria Page 5
City Council Retreat
Accomplishments and Challenges
The group reviewed major accomplishments and areas that have presented challenges for the City.

The facilitator led the group in a discussion focused on what contributed to these successes and what will help to address the challenges, which are captured in the images below.

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Establishing Goals and Priorities
As part of the interviews with members of Council and meetings with staff the facilitator conducted prior to the retreat, four broad goals were identified for discussion in the workshop. The Council concurred with these broad goals. A number of comments were made about them, which are reflected visually in the graphic.

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The four goals are:
• Long -Term Financial Sustainability
• Community Quality of Life
• Planning and Infrastructure
• Organization Well -Being
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City of Santa Maria Page 6
City Council Retreat
FOUR
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The City currently does not have such Citywide goals These can be useful "umbrellas" under which all departments can relate their depailiiiental goals and work plans. Additionally, the two-year priorities will fit under these broad categories.
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Staff provided a status update to Council on the 2022 Goals, which was attached to the workbook for the day.

The Council and staff also discussed a variety of City needs. They are captured in the following graphic.

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City of Santa Maria
City Council Retreat

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Santa Maria City CouncilMarch 19, 2024

Santa Maria City Council
March 19, 2024